,,ii #aagth ,,congress #ast ,session ,s4 #abhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ba1 #bjba,mrs4 ,murray 7for herself1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mr4 ,bennet1 ,mr4 ,coons1 ,mr4 ,wyden1 ,mr4 ,brown1 ,mrs4 ,shaheen1 ,mr4 ,warnock1 ,ms4 ,hassan1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to improve the reproductive assistance provided by the ,department of ,defense and the ,department of ,veterans ,affairs to certain members of the ,armed ,forces1 veterans1 and their spouses or partners1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,veteran ,families ,health ,services ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,reproductive and fertility preservation assistance for members of the ,armed ,forces,sec4 #aja4 ,definitions4,sec4 #ajb4 ,provision of fertility treatment and counseling to certain members of the ,armed ,forces and spouses1 partners1 and gestational surrogates of such members4,sec4 #ajc4 ,establishment of fertility preservation procedures after an injury or illness4,sec4 #ajd4 ,cryopreservation and storage of gametes of members of the ,armed ,forces on active duty4,sec4 #aje4 ,assistance with and continuity of care regarding reproductive and fertility preservation services4,sec4 #ajf4 ,coordination between ,department of ,defense and ,department of ,veterans ,affairs on furnishing of fertility treatment and counseling4,,title ,,ii--,reproductive and adoption assistance for veterans,sec4 #bja4 ,inclusion of fertility treatment and counseling under the definition of medical services in title #ch4,sec4 #bjb4 ,fertility treatment and counseling for certain veterans and spouses1 partners1 and gestational surrogates of such veterans4,sec4 #bjc4 ,adoption assistance for certain veterans4,sec4 #bjd4 ,assistance with and continuity of care regarding reproductive and fertility preservation services4,sec4 #bje4 ,facilitation of reproduction and infertility research4,sec4 #bjf4 ,annual report on fertility treatment and counseling furnished by ,department of ,veterans ,affairs4,sec4 #bjg4 ,report on timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by ,department of ,veterans ,affairs4,sec4 #bjh4 ,regulations on furnishing of fertility treatment and counseling and adoption assistance by ,department of ,veterans ,affairs4 ,i ,reproductive and fertility preservation assistance for members of the ,armed ,forces #aja4 ,definitions ,in this title3 7#a7 ,active duty ,the term active duty has the meaning given that term in section #aja7;d77#a7 of title #aj1 ,united ,states ,code4 7#b7 ,armed ,forces ,the term ,armed ,forces has the meaning given the term armed forces in section #aja7;a77#d7 of such title4 #ajb4 ,provision of fertility treatment and counseling to certain members of the ,armed ,forces and spouses1 partners1 and gestational surrogates of such members 7a7 ,fertility treatment and counseling 7#a7 ,in general ,the ,secretary of ,defense shall furnish fertility treatment and counseling1 including through the use of assisted reproductive technology1 to a covered member of the ,armed ,forces or a spouse1 partner1 or gestational surrogate of such a member4 7#b7 ,eligibility for treatment and counseling ,fertility treatment and counseling shall be furnished under paragraph 7#a7 without regard to the sex1 gender identity1 sexual orientation1 or marital status of the covered member of the ,armed ,forces4 7#c7 ,in vitro fertilization ,in the case of in vitro fertilization treatment furnished under paragraph 7#a71 the ,secretary may furnish not more than three completed cycles or six attempted cycles of in vitro fertilization1 whichever occurs first1 to an individual under such paragraph4 7b7 ,procurement of gametes ,if a covered member of the ,armed ,forces is unable to provide their gametes for purposes of fertility treatment under subsection 7a71 the ,secretary shall1 at the election of such member1 allow such member to receive such treatment with donated gametes and pay or reimburse such member the reasonable costs of procuring gametes from a donor4 7c7 ,rule of construction ,nothing in this section shall be construed to require the ,secretary-- 7#a7 to find or certify a gestational surrogate for a covered member of the ,armed ,forces or to connect a gestational surrogate with such a member2 or 7#b7 to find or certify gametes from a donor for a covered member of the ,armed ,forces or to connect such a member with gametes from a donor4 7d7 ,definitions ,in this section3 7#a7 ,assisted reproductive technology ,the term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate4 7#b7 ,covered member of the ,armed ,forces ,the term covered member of the ,armed ,forces means a member of the ,armed ,forces who has an infertility condition1 unless the ,secretary can show that the member was completely infertile before service on active duty in the ,armed ,forces4 7#c7 ,fertility treatment ,the term fertility treatment includes the following3 7,a7 ,procedures that use assisted reproductive technology4 7,b7 ,sperm retrieval4 7,c7 ,egg retrieval4 7,d7 ,artificial insemination4 7,e7 ,embryo transfer4 7,f7 ,such other treatments as the ,secretary of ,defense considers appropriate4 7#d7 ,infertility condition ,the term infertility condition includes-- 7,a7 a diagnosis of infertility2 or 7,b7 the inability to conceive or safely carry a pregnancy to term1 including as a result of treatment for another condition4 7#e7 ,partner ,the term partner1 with respect to a member of the ,armed ,forces1 means an individual selected by the member who agrees to share with the member the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under this section4 #ajc4 ,establishment of fertility preservation procedures after an injury or illness 7a7 ,in general ,the ,secretary of ,defense1 acting through the ,assistant ,secretary of ,defense for ,health ,affairs1 shall establish procedures for the retrieval of gametes1 as soon as medically appropriate1 from a member of the ,armed ,forces in cases in which the fertility of such member is potentially jeopardized as a result of an injury or illness incurred or aggravated while serving on active duty in the ,armed ,forces in order to preserve the medical options of such member4 7b7 ,consent for retrieval of gametes ,gametes may be retrieved from a member of the ,armed ,forces under subsection 7a7 only-- 7#a7 with the specific consent of the member2 or 7#b7 if the member is unable to consent1 if a medical professional determines that-- 7,a7 the future fertility of the member is potentially jeopardized as a result of an injury or illness described in subsection 7a7 or will be potentially jeopardized as a result of treating such injury or illness2 7,b7 the member lacks the capacity to consent to the retrieval of gametes and is likely to regain such capacity2 and 7,c7 the retrieval of gametes under this section is in the medical interest of the member4 7c7 ,consent for use of retrieved gametes ,gametes retrieved from a member of the ,armed ,forces under subsection 7a7 may be used only-- 7#a7 with the specific consent of the member2 or 7#b7 if the member has lost the ability to consent permanently1 as determined by a medical professional1 as specified in an advance directive or testamentary instrument executed by the member4 7d7 ,disposal of gametes ,in accordance with regulations prescribed by the ,secretary for purpose of this subsection1 the ,secretary shall dispose of gametes retrieved from a member of the ,armed ,forces under subsection 7a7-- 7#a7 with the specific consent of the member2 or 7#b7 if the member-- 7,a7 has lost the ability to consent permanently1 as determined by a medical professional2 and 7,b7 has not specified the use of their gametes in an advance directive or testamentary instrument executed by the member4 #ajd4 ,cryopreservation and storage of gametes of members of the ,armed ,forces on active duty 7a7 ,in general ,the ,secretary of ,defense shall provide members of the ,armed ,forces on active duty in the ,armed ,forces with the opportunity to cryopreserve and store their gametes prior to-- 7#a7 deployment to a combat zone2 or 7#b7 a duty assignment that includes a hazardous assignment1 as determined by the ,secretary4 7b7 ,period of time 7#a7 ,in general ,the ,secretary shall provide for the cryopreservation and storage of gametes of any member of the ,armed ,forces under subsection 7a7 in a facility of the ,department of ,defense or of a private entity and the transportation of such gametes1 at no cost to the member1 until the date that is one year after the retirement1 separation1 or release of the member from the ,armed ,forces4 7#b7 ,continued cryopreservation and storage ,at the end of the one-year period specified in paragraph 7#a71 the ,secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the ,department as described in that paragraph to select1 including pursuant to an advance medical directive or military testamentary instrument completed under subsection 7c71 one of the following options3 7,a7 ,to continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual4 7,b7 ,to transfer the gametes to a private cryopreservation and storage facility selected by the individual4 7,c7 ,to transfer the gametes to a facility of the ,department of ,veterans ,affairs if cryopreservation and storage is available to the individual at such facility4 7#c7 ,disposal of gametes ,if an individual described in paragraph 7#b7 does not make a selection under subparagraph 7,a71 7,b71 or 7,c7 of such paragraph1 the ,secretary may dispose of the gametes of the individual not earlier than the date that is #ij days after the end of the one-year period specified in paragraph 7#a7 with respect to the individual4 7c7 ,advance medical directive and military testamentary instrument ,a member of the ,armed ,forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive1 as defined in section #ajdd;c7b7 of title #aj1 ,united ,states ,code1 and a military testamentary instrument1 as defined in section #ajdd;d7b7 of such title1 that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes4 7d7 ,agreements ,to carry out this section1 the ,secretary may enter into agreements with private entities that provide cryopreservation1 transportation1 and storage services for gametes4 #aje4 ,assistance with and continuity of care regarding reproductive and fertility preservation services ,the ,secretary of ,defense shall ensure that employees of the ,department of ,defense assist members of the ,armed ,forces-- 7#a7 in navigating the services provided under this title2 7#b7 in finding a provider that meets the needs of such members with respect to such services2 and 7#c7 in continuing the receipt of such services without interruption during a permanent change of station for such members4 #ajf4 ,coordination between ,department of ,defense and ,department of ,veterans ,affairs on furnishing of fertility treatment and counseling 7a7 ,in general ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs shall share best practices and facilitate referrals1 as they consider appropriate1 on the furnishing of fertility treatment and counseling to individuals eligible for the receipt of such counseling and treatment from the ,secretaries4 7b7 ,memorandum of understanding ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs shall enter into a memorandum of understanding-- 7#a7 providing that the ,secretary of ,defense will ensure access by the ,secretary of ,veterans ,affairs to gametes of veterans stored by the ,department of ,defense for purposes of furnishing fertility treatment under section #agbj,k of title #ch1 ,united ,states ,code1 as added by section #bjb7;a72 and 7#b7 authorizing the ,department of ,veterans ,affairs to compensate the ,department of ,defense for the cryopreservation1 transportation1 and storage of gametes of veterans under section #ajd4 ,,ii ,reproductive and adoption assistance for veterans #bja4 ,inclusion of fertility treatment and counseling under the definition of medical services in title #ch ,section #agja7f7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,i7 ,fertility treatment and counseling1 including treatment using assisted reproductive technology4 4 #bjb4 ,fertility treatment and counseling for certain veterans and spouses1 partners1 and gestational surrogates of such veterans 7a7 ,in general ,subchapter ,,ii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #agbj,k4 ,fertility treatment and counseling for certain veterans and spouses1 partners1 and gestational surrogates of such veterans 7a7 ,in general 7#a7 ,the ,secretary shall furnish fertility treatment and counseling1 including through the use of assisted reproductive technology1 to a covered veteran or a spouse1 partner1 or gestational surrogate of a covered veteran if the veteran1 and the spouse1 partner1 or gestational surrogate of the veteran1 as applicable1 apply jointly for such treatment and counseling through a process prescribed by the ,secretary4 7#b7 ,fertility treatment and counseling shall be furnished under paragraph 7#a7 without regard to the sex1 gender identity1 sexual orientation1 or marital status of the covered veteran4 7#c7 ,in the case of in vitro fertilization treatment furnished under paragraph 7#a71 the ,secretary may furnish not more than three completed cycles or six attempted cycles of in vitro fertilization1 whichever occurs first1 to an individual under such paragraph4 7b7 ,procurement of gametes ,if a covered veteran is unable to provide their gametes for purposes of fertility treatment under subsection 7a71 the ,secretary shall1 at the election of such member1 allow such veteran to receive such treatment with donated gametes and pay or reimburse such veteran the reasonable costs of procuring gametes from a donor4 7c7 ,coordination of care for other individuals ,in the case of a veteran or a spouse1 partner1 or gestational surrogate of a veteran not described in subsection 7a7 who is seeking fertility treatment and counseling1 the ,secretary may coordinate fertility treatment and counseling for such veteran1 spouse1 partner1 or gestational surrogate4 7d7 ,outreach and training ,the ,secretary shall carry out an outreach and training program to ensure veterans and health care providers of the ,department are aware of-- 7#a7 the availability of and eligibility requirements for fertility treatment and counseling under this section2 and 7#b7 any changes to fertility treatment and counseling covered under this section4 7e7 ,rule of construction ,nothing in this section shall be construed to require the ,secretary-- 7#a7 to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran2 or 7#b7 to furnish maternity care to a covered veteran or spouse1 partner1 or gestational surrogate of a covered veteran in addition to what is otherwise required by law4 7f7 ,definitions ,in this section3 7#a7 ,the term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate4 7#b7 ,the term covered veteran means a veteran who-- 7,a7 has an infertility condition1 unless the ,secretary can show that the veteran was completely infertile before service in the active military1 naval1 or air service2 and 7,b7 is enrolled in the system of annual patient enrollment established under section #agje7;a7 of this title4 7#c7 ,the term fertility treatment includes the following3 7,a7 ,procedures that use assisted reproductive technology4 7,b7 ,sperm retrieval4 7,c7 ,egg retrieval4 7,d7 ,artificial insemination4 7,e7 ,embryo transfer4 7,f7 ,such other treatments as the ,secretary considers appropriate4 7#d7 ,the term infertility condition includes-- 7,a7 a diagnosis of infertility2 or 7,b7 the inability to conceive or safely carry a pregnancy to term1 including as a result of treatment for another condition4 7#e7 ,the term partner1 with respect to a veteran1 means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,,ii of chapter #ag of such title is amended by inserting after the item relating to section #agbj;,j the following new item3 #agbj,k4 ,fertility treatment and counseling for certain veterans and spouses1 partners1 and gestational surrogates of such veterans4 4 #bjc4 ,adoption assistance for certain veterans 7a7 ,in general ,subchapter ,,viii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aghi4 ,adoption assistance 7a7 ,in general ,the ,secretary may pay an amount1 not to exceed the limitation amount1 to assist a covered veteran in the adoption of one or more children1 without regard to the sex1 gender identity1 sexual orientation1 or marital status of the covered veteran4 7b7 ,limitation amount ,for purposes of this section1 the limitation amount is the amount equal to the cost the ,department would incur by paying the expenses of three adoptions by covered veterans1 as determined by the ,secretary4 7c7 ,covered veteran defined ,in this section1 the term covered veteran has the meaning given that term in section #agbj,k7f7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,,viii of chapter #ag of such title is amended by inserting after the item relating to section #aghh the following new item3 #aghi4 ,adoption assistance4 4 #bjd4 ,assistance with and continuity of care regarding reproductive and fertility preservation services ,the ,secretary of ,veterans ,affairs shall ensure that employees of the ,department of ,veterans ,affairs assist veterans-- 7#a7 in navigating the services provided under this title and the amendments made by this title2 7#b7 in finding a provider that meets the needs of such veterans with respect to such services2 and 7#c7 in continuing the receipt of such services without interruption if such veterans move to a different geographic location4 #bje4 ,facilitation of reproduction and infertility research 7a7 ,in general ,subchapter ,,ii of chapter #gc of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gccj;,d4 ,facilitation of reproduction and infertility research 7a7 ,facilitation of research required ,the ,secretary shall facilitate research conducted collaboratively by the ,secretary of ,defense and the ,secretary of ,health and ,human ,services to improve the ability of the ,department of ,veterans ,affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military1 naval1 or air service1 such as a spinal cord injury1 military sexual trauma1 or a mental health condition1 that affects the ability of the veteran to reproduce4 7b7 ,dissemination of information ,the ,secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the ,veterans ,health ,administration is disseminated throughout the ,veterans ,health ,administration4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,,ii of chapter #gc of such title is amended by inserting after the item relating to section #gccj;,c the following new item3 #gccj;,d4 ,facilitation of reproduction and infertility research4 4 7c7 ,report 7#a7 ,in general ,not later than three years after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report on the research activities conducted by the ,secretary under section #gccj;,d of title #ch1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,elements ,the report submitted under paragraph 7#a7 shall include demographic data on veterans included in the research conducted under section #gccj;,d of title #ch1 ,united ,states ,code1 as added by subsection 7a71 disaggregated by age1 race1 ethnicity1 sex1 gender identity1 sexual orientation1 marital status1 type of disability 7if applicable71 and geographic location of such veterans4 #bjf4 ,annual report on fertility treatment and counseling furnished by ,department of ,veterans ,affairs 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the fertility treatment and counseling furnished by the ,department of ,veterans ,affairs1 including through non-,department providers1 during the year preceding the submittal of the report4 7b7 ,elements ,each report submitted under subsection 7a7 shall include1 for the period covered by the report1 the following3 7#a7 ,the number of veterans who were diagnosed with clinical infertility1 disaggregated by age1 race1 ethnicity1 sex1 gender identity1 sexual orientation1 marital status1 type of disability 7if applicable71 geographic location1 era of military service1 and1 to the extent possible to determine1 the cause of infertility of such veterans4 7#b7 ,the number of veterans who received fertility treatment or counseling furnished by the ,department of ,veterans ,affairs1 including through non-,department providers1 disaggregated by age1 race1 ethnicity1 sex1 gender identity1 sexual orientation1 marital status1 type of disability 7if applicable71 geographic location1 era of military service1 and1 to the extent possible to determine1 the cause of infertility of such veterans4 7#c7 ,the number of veterans who self-reported difficulty becoming pregnant or successfully carrying a pregnancy to term to a health care provider of the ,department or a non-,department provider1 disaggregated by age1 race1 ethnicity1 sex1 gender identity1 sexual orientation1 marital status1 type of disability 7if applicable71 and geographic location of such veterans4 7#d7 ,the number of veterans who were exposed to hazardous chemical or biological agents during service in the ,armed ,forces who-- 7,a7 received a clinical diagnosis of infertility2 or 7,b7 self-reported difficulty becoming pregnant or successfully carrying a pregnancy to term4 7#e7 ,the number of spouses1 partners1 and gestational surrogates of veterans who received fertility treatment or counseling furnished by the ,department1 including through non-,department providers4 7#f7 ,the cost to the ,department of furnishing fertility treatment and counseling1 including through non-,department providers1 disaggregated by cost of services and administration4 7#g7 ,the average cost to the ,department per recipient of fertility treatment and counseling4 7#h7 ,in cases in which the ,department furnished fertility treatment through the use of assisted reproductive technology1 including through non-,department providers1 the average number of cycles per person furnished1 disaggregated by type of treatment4 7#i7 ,a description of how fertility treatment and counseling services of the ,department1 including those services provided through non-,department providers1 are coordinated with similar services of the ,department of ,defense1 including the average wait time for veterans to transfer from the health system of the ,department of ,defense to the ,veterans ,health ,administration4 7c7 ,definitions ,in this section1 the terms assisted reproductive technology and partner have the meanings given those terms in section #agbj,k7f7 of title #ch1 ,united ,states ,code1 as added by section #bjb7;a74 #bjg4 ,report on timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by ,department of ,veterans ,affairs 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and not less frequently than every #ahj days thereafter1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report containing data on the timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by the ,department of ,veterans ,affairs1 including through non-,department providers4 7b7 ,elements ,each report submitted under subsection 7a7 shall include1 for the period covered by the report1 the following3 7#a7 ,the average number of days from when a veteran first seeks fertility treatment to when a referral for such treatment is made and the average number of days from when such referral is made to when an appointment for such treatment occurs1 disaggregated by facility of the ,department or non-,department provider4 7#b7 ,the average number of days from when a veteran first seeks fertility counseling to when a referral for such counseling is made and the average number of days from when such referral is made to when an appointment for such counseling occurs1 disaggregated by facility of the ,department or non-,department provider4 7#c7 ,the number of available providers of the ,department and non-,department providers for fertility treatment and counseling in each ,state or territory1 disaggregated by facility4 7#d7 ,the average number of days it takes for the ,secretary to pay claims for fertility treatment and counseling services from non-,department providers under section #agjc;,d of title #ch1 ,united ,states ,code4 #bjh4 ,regulations on furnishing of fertility treatment and counseling and adoption assistance by ,department of ,veterans ,affairs ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall prescribe regulations-- 7#a7 to carry out section #agbj,k of title #ch1 ,united ,states ,code1 as added by section #bjb7;a72 and 7#b7 to carry out section #aghi of such title1 as added by section #bjc7;a74