[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2534 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2534
To improve the reproductive assistance provided by the Department of
Defense and the Department of Veterans Affairs to certain members of
the Armed Forces, veterans, and their spouses or partners, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2025
Mrs. Murray (for herself, Ms. Duckworth, Mr. Booker, Mr. Schumer, Mr.
Blumenthal, Mr. Merkley, Ms. Rosen, Ms. Warren, Mr. Sanders, Ms.
Klobuchar, Mrs. Shaheen, Mr. Hickenlooper, Mr. Whitehouse, Mr. King,
Ms. Smith, Mr. Welch, Mr. Heinrich, Mrs. Gillibrand, Mr. Wyden, Mr.
Padilla, Mr. Gallego, and Ms. Cortez Masto) introduced the following
bill; 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 Forces, veterans, and their spouses or partners, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veteran Families
Health Services Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REPRODUCTIVE AND FERTILITY PRESERVATION ASSISTANCE FOR MEMBERS
OF THE ARMED FORCES
Sec. 101. Definitions.
Sec. 102. Provision of fertility treatment and counseling to members of
the Armed Forces and spouses, partners, and
gestational surrogates of such members.
Sec. 103. Establishment of fertility preservation procedures after an
injury or illness.
Sec. 104. Cryopreservation and storage of reproductive genetic material
of members of the Armed Forces on active
duty.
Sec. 105. Assistance with and continuity of care regarding reproductive
and fertility preservation services.
Sec. 106. Coordination between Department of Defense and Department of
Veterans Affairs on furnishing of fertility
treatment and counseling.
Sec. 107. Regulations.
TITLE II--REPRODUCTIVE AND ADOPTION ASSISTANCE FOR VETERANS
Sec. 201. Inclusion of fertility treatment and counseling under
definition of medical services.
Sec. 202. Fertility treatment and counseling for certain veterans and
spouses, partners, and gestational
surrogates of such veterans.
Sec. 203. Adoption assistance for certain veterans.
Sec. 204. Assistance with and continuity of care regarding reproductive
and fertility preservation services.
Sec. 205. Facilitation of reproduction and infertility research.
Sec. 206. Regulations on furnishing of fertility treatment and
counseling and adoption assistance by
Department of Veterans Affairs.
TITLE I--REPRODUCTIVE AND FERTILITY PRESERVATION ASSISTANCE FOR MEMBERS
OF THE ARMED FORCES
SEC. 101. DEFINITIONS.
In this title:
(1) Active duty.--The term ``active duty'' has the meaning
given that term in section 101(d)(1) of title 10, United States
Code.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101(a)(4) of
such title.
SEC. 102. PROVISION OF FERTILITY TREATMENT AND COUNSELING TO MEMBERS OF
THE ARMED FORCES AND SPOUSES, PARTNERS, AND GESTATIONAL
SURROGATES OF SUCH MEMBERS.
(a) Fertility Treatment and Counseling.--
(1) In general.--The Secretary of Defense shall make
available fertility treatment and counseling to a member of the
Armed Forces or a spouse, partner, or gestational surrogate of
such a member.
(2) Eligibility for treatment and counseling.--Fertility
treatment and counseling shall be furnished under paragraph (1)
without regard to the sex, sex characteristics, gender
identity, sexual orientation, infertility diagnosis, or marital
status of the member of the Armed Forces or their spouse or
partner.
(3) In vitro fertilization.--In the case of in vitro
fertilization treatment furnished under paragraph (1), the
Secretary may furnish to an individual under such paragraph--
(A) not more than three completed oocyte
retrievals; and
(B) unlimited embryo transfers.
(b) Procurement of Reproductive Genetic Material.--If a member of
the Armed Forces is unable to provide their reproductive genetic
material, such as oocytes, sperm, or embryos, for purposes of fertility
treatment under subsection (a), the Secretary shall, at the election of
such member, allow such member to receive such treatment with donated
reproductive genetic material and pay or reimburse such member the
reasonable costs of procuring such material from a donor.
(c) Rules of Construction.--
(1) Impact on existing authority.--Nothing in this section
shall be construed to rescind the authority of the Secretary to
provide in vitro fertilization benefits pursuant to section
1074(c)(4) of title 10, United States Code.
(2) Sourcing of gestational surrogate or reproductive
genetic material.--Nothing in this section shall be construed
to require the Secretary--
(A) to find or certify a gestational surrogate for
a member of the Armed Forces or to connect a
gestational surrogate with such a member; or
(B) to find or certify reproductive genetic
material, such as oocytes, sperm, or embryos, from a
donor for a member of the Armed Forces or to connect
such a member with reproductive genetic material from a
donor.
(d) Definitions.--In this section:
(1) Fertility treatment.--The term ``fertility treatment''
includes the following:
(A) Preservation of human oocytes, sperm, or
embryos.
(B) Artificial insemination, including intravaginal
insemination, intracervical insemination, and
intrauterine insemination.
(C) Assisted reproductive technology, including in
vitro fertilization and other treatments or procedures
in which reproductive genetic material, such as
oocytes, sperm, or embryos, are handled, when
clinically appropriate.
(D) Genetic testing of embryos.
(E) Medications prescribed or obtained over-the-
counter, as indicated for fertility.
(F) Gamete donation.
(G) Such other information, referrals, treatments,
procedures, medications, laboratory testing,
technologies, and services relating to fertility as the
Secretary of Defense determines appropriate.
(2) Gestational surrogate.--The term ``gestational
surrogate'' means an adult, who is not the intended parent, who
enters into a surrogacy agreement to become pregnant through in
vitro fertilization using gametes that are not the gametes of
that individual.
(3) Partner.--The term ``partner'', with respect to a
member of the Armed Forces, means an individual selected by the
member who agrees to be a parent, with the member, of a child
born as a result of the use of any fertility treatment under
this section.
SEC. 103. ESTABLISHMENT OF FERTILITY PRESERVATION PROCEDURES AFTER AN
INJURY OR ILLNESS.
(a) In General.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Health Affairs, shall establish
procedures for the retrieval of reproductive genetic material, such as
sperm or oocytes, as soon as medically appropriate, 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 member.
(b) Inclusion of Information in Advanced Directives and Military
Testamentary Instruments.--The Secretary of Defense shall ensure that
any advance medical directive, as defined in section 1044c(b) of title
10, United States Code, or military testamentary instrument, as defined
in section 1044d(b) of such title, completed by a member of the Armed
Forces includes questions about the consent of the member to fertility
preservation procedures under subsection (a) and about rights,
ownership, and use of reproductive genetic material.
SEC. 104. CRYOPRESERVATION AND STORAGE OF REPRODUCTIVE GENETIC MATERIAL
OF MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.
(a) In General.--The Secretary of Defense shall provide members of
the Armed Forces on active duty with the opportunity for retrieval,
testing, cryopreservation, shipping, and storage of their reproductive
genetic material, such as sperm or oocytes, prior to--
(1) deployment to a combat zone; or
(2) a duty assignment that includes a hazardous assignment,
including--
(A) assignments resulting in exposure to
perfluoroalkyl or polyfluoroalkyl substances; and
(B) such other assignments as determined by the
Secretary.
(b) Period of Time.--
(1) In general.--The Secretary shall provide for the
retrieval, testing, cryopreservation, shipping, and storage of
reproductive genetic material of any member of the Armed Forces
under subsection (a), at no cost to the member, until the date
that is one year after the retirement, separation, or release
of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall permit an individual whose reproductive genetic material
was cryopreserved and stored as described in that paragraph to
select, including pursuant to an advance medical directive or
military testamentary instrument completed under subsection
(c), one of the following options:
(A) To continue such cryopreservation and storage
in such facility with the cost of such cryopreservation
and storage borne by the individual.
(B) To transfer the material to a private
cryopreservation and storage facility selected by the
individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to cryopreserve
and store their reproductive genetic material under this section must
complete an advance medical directive, as defined in section 1044c(b)
of title 10, United States Code, and a military testamentary
instrument, as defined in section 1044d(b) of such title, that
explicitly specifies the use of their cryopreserved and stored
reproductive genetic material if such member dies or otherwise loses
the capacity to consent to the use of their cryopreserved and stored
reproductive genetic material.
SEC. 105. 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--
(1) in navigating the services provided under this title;
(2) in finding a provider that meets the needs of such
members with respect to such services; and
(3) in continuing the receipt of such services without
interruption during a permanent change of station for such
members.
SEC. 106. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS ON FURNISHING OF FERTILITY TREATMENT AND
COUNSELING.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall share best practices and facilitate referrals,
as they consider appropriate, on the furnishing of fertility treatment
and counseling to individuals eligible for the receipt of such
counseling and treatment from each such Secretary.
(b) Memorandum of Understanding.--The Secretary of Defense and the
Secretary of Veterans Affairs shall enter into a memorandum of
understanding--
(1) regarding coordination of fertility preservation care
and continuation of coverage, without interruption, for a
member of the Armed Forces who is transitioning to veteran
status; and
(2) authorizing the Department of Veterans Affairs to
compensate the Department of Defense for the cryopreservation,
transportation, and storage of reproductive genetic material of
veterans under section 104(b)(2)(A).
SEC. 107. REGULATIONS.
Not later than two years after the date of the enactment of this
Act, the Secretary of Defense shall prescribe regulations to carry out
this title.
TITLE II--REPRODUCTIVE AND ADOPTION ASSISTANCE FOR VETERANS
SEC. 201. INCLUSION OF FERTILITY TREATMENT AND COUNSELING UNDER
DEFINITION OF MEDICAL SERVICES.
Section 1701(6) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(J) Fertility treatment and counseling under
section 1720M of this title.''.
SEC. 202. FERTILITY TREATMENT AND COUNSELING FOR CERTAIN VETERANS AND
SPOUSES, PARTNERS, AND GESTATIONAL SURROGATES OF SUCH
VETERANS.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720M. Fertility treatment and counseling for certain veterans
and spouses, partners, and gestational surrogates of such
veterans
``(a) Requirement.--
``(1) In general.--Notwithstanding any other provision of
law, including the surrogacy laws of any State, the Secretary
shall furnish fertility treatment and counseling for the
benefit of a covered veteran to the veteran and the spouse,
partner, gamete donor, or gestational surrogate of the veteran
if the veteran, and the spouse, partner, gamete donor, or
gestational surrogate of the veteran, as applicable, each
provide informed consent for such treatment and counseling,
including for each cycle of treatment authorized under this
section, through a process prescribed by the Secretary.
``(2) Provision of treatment and counseling.--Fertility
treatment and counseling shall be furnished under paragraph (1)
without regard to the sex, sexual characteristics, gender
identity, sexual orientation, infertility diagnosis, or marital
status of the covered veteran or their spouse or partner.
``(3) In vitro fertilization.--In the case of in vitro
fertilization treatment furnished under paragraph (1), the
Secretary may furnish to an individual under such paragraph--
``(A) not more than three completed oocyte
retrievals; and
``(B) unlimited embryo transfers.
``(4) Copayment.--The Secretary shall only furnish
fertility treatment and counseling under paragraph (1) to a
covered veteran who is required to pay to the United States a
copayment amount as a condition for the receipt of hospital
care, medical services, or medications under this chapter if
the covered veteran agrees to pay such applicable copayment
amount to the United States for such treatment and counseling.
``(b) Procurement of Reproductive Genetic Material.--
``(1) In general.--If a covered veteran is unable to
provide their reproductive genetic material for purposes of
fertility treatment under subsection (a), the Secretary shall,
at the election of such veteran--
``(A) allow such veteran to receive such treatment
with donated reproductive genetic material, if the
donor provides informed consent for use of such
material; and
``(B) pay or reimburse the veteran, donor, or a
party acting on behalf of the donor the reasonable
costs of procuring such material from the donor.
``(2) Other expenses.--The Secretary may pay or reimburse a
covered veteran a reasonable amount for personal travel and
incidental expenses associated with procuring material from a
donor under paragraph (1).
``(c) 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--
``(1) the availability of and eligibility requirements for
fertility treatment and counseling under this section; and
``(2) any changes to fertility treatment and counseling
covered under this section.
``(d) Ownership, Use, or Disposition of Reproductive Genetic
Material.--
``(1) In general.--Issues or disputes regarding ownership
of reproductive genetic material or future use or disposition
of such material shall be the sole responsibility of the
covered veteran and the spouse, partner, or gestational
surrogate of the veteran, as applicable, and the private
facility storing such material.
``(2) Role of department.--The role of the Secretary under
this section is limited to furnishing the treatment and
counseling required under this section when requested by a
covered veteran and determined necessary by the Secretary.
``(3) Ownership and custody of reproductive genetic
material.--The Secretary will not have ownership or custody of
any reproductive genetic material obtained pursuant to
treatment under this section and will not be involved in the
ultimate disposition of such material or disputes between or
among any parties with respect to such material.
``(e) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary--
``(1) to find or certify a gestational surrogate for a
covered veteran or to connect a gestational surrogate with a
covered veteran; or
``(2) to furnish maternity care to a covered veteran or
spouse, partner, or gestational surrogate of a covered veteran
beyond what is otherwise required or authorized by law.
``(f) Definitions.--In this section:
``(1) The term `covered veteran' means a veteran who is
enrolled in the system of annual patient enrollment established
under section 1705(a) of this title.
``(2) The term `fertility treatment' includes the
following:
``(A) Preservation of human oocytes, sperm, or
embryos.
``(B) Artificial insemination, including
intravaginal insemination, intracervical insemination,
and intrauterine insemination.
``(C) Assisted reproductive technology, including
in vitro fertilization and other treatments or
procedures in which reproductive genetic material, such
as oocytes, sperm, or embryos, are handled, when
clinically appropriate.
``(D) Genetic testing of embryos.
``(E) Medications prescribed or obtained over-the-
counter, as indicated for fertility.
``(F) Gamete donation.
``(G) Such other information, referrals,
treatments, procedures, medications, laboratory
testing, technologies, and services relating to
fertility as the Secretary determines appropriate.
``(3) The term `gestational surrogate' means an adult, who
is not the intended parent, who enters into a surrogacy
agreement to become pregnant through in vitro fertilization
using gametes that are not the gametes of that individual.
``(4) The term `partner', with respect to a covered
veteran, means an individual selected by the veteran who agrees
to be a parent, with the veteran, of a child born as a result
of the use of any fertility treatment under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1720L the following new item:
``1720M. Fertility treatment and counseling for certain veterans and
spouses, partners, and gestational
surrogates of such veterans.''.
(c) Sunset of Existing Authority.--The authority under section 234
of the Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2024 (division A of Public Law 118-42), or any
similar authority subsequently enacted by law, shall cease on the
effective date of regulations prescribed to carry out section 1720M of
title 38, United States Code, as added by subsection (a).
SEC. 203. ADOPTION ASSISTANCE FOR CERTAIN VETERANS.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1790. Adoption assistance
``(a) In General.--The Secretary may pay an amount, not to exceed
the limitation amount, to assist a covered veteran in the adoption of
one or more children, without regard to the sex, gender identity,
sexual orientation, or marital status of the covered veteran.
``(b) Limitation Amount.--For purposes of this section, the
limitation amount is the amount equal to the cost the Department would
incur by paying the expenses of not more than three adoptions by
covered veterans, as determined by the Secretary.
``(c) Covered Veteran Defined.--In this section, the term `covered
veteran' has the meaning given that term in section 1720M(f) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1789 the following new item:
``1790. Adoption assistance.''.
SEC. 204. 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--
(1) in navigating the services provided under this title
and the amendments made by this title;
(2) in finding a provider that meets the needs of such
veterans with respect to such services; and
(3) in continuing the receipt of such services without
interruption if such veterans move to a different geographic
location.
SEC. 205. FACILITATION OF REPRODUCTION AND INFERTILITY RESEARCH.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330E. Facilitation of reproduction and infertility research
``(a) 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 condition that
affects the ability of the individual to reproduce.
``(b) 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
Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330D the following new item:
``7330E. Facilitation of reproduction and infertility research.''.
SEC. 206. REGULATIONS ON FURNISHING OF FERTILITY TREATMENT AND
COUNSELING AND ADOPTION ASSISTANCE BY DEPARTMENT OF
VETERANS AFFAIRS.
Not later than two years after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall prescribe regulations--
(1) to carry out section 1720M of title 38, United States
Code, as added by section 202(a); and
(2) to carry out section 1790 of such title, as added by
section 203(a).
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