119-s2534

[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) .
 <all>