S.Amdt. 1684

SA 1684. Mrs. MURRAY (for herself, Ms. Baldwin, Mrs. Gillibrand, and
Mr. Peters) submitted an amendment intended to be proposed to amendment
SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

Subtitle D--Reproductive and Fertility Preservation Assistance for
Members of the Armed Forces

SEC. 741. PROVISION OF FERTILITY TREATMENT AND COUNSELING TO
SPOUSES, PARTNERS, AND GESTATIONAL SURROGATES
OF CERTAIN MEMBERS OF THE ARMED FORCES.

(a) Fertility Treatment and Counseling.--
(1) In general.--The Secretary of Defense shall furnish
fertility treatment and counseling, including through the use
of assisted reproductive technology, to a spouse, partner, or
gestational surrogate of a severely

[[Page S3804]]

wounded, ill, or injured member of the Armed Forces who has
an infertility condition incurred or aggravated while serving
on active duty in the Armed Forces.
(2) Eligibility for treatment and counseling.--Fertility
treatment and counseling shall be furnished under paragraph
(1) to a spouse, partner, or gestational surrogate of a
member of the Armed Forces described in such paragraph
without regard to the sex or marital status of such member.
(3) In vitro fertilization.--In the case of in vitro
fertilization treatment furnished under paragraph (1), the
Secretary may furnish not more than three completed cycles or
six attempted cycles of in vitro fertilization, whichever
occurs first, to a spouse, partner, or gestational surrogate
described in such paragraph.
(b) Procurement of Gametes.--If a member of the Armed
Forces described in subsection (a) is unable to provide their
gametes 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
gametes and pay or reimburse such member the reasonable costs
of procuring gametes from a donor.
(c) Construction.--Nothing in this section shall be
construed to require the Secretary--
(1) to find or certify a gestational surrogate for a member
of the Armed Forces or to connect a gestational surrogate
with a member of the Armed Forces; or
(2) to find or certify gametes from a donor for a member of
the Armed Forces or to connect a member of the Armed Forces
with gametes from a donor.
(d) Definitions.--In this section:
(1) Fertility treatment.--The term ``fertility treatment''
includes the following:
(A) Procedures that use assisted reproductive technology.
(B) Sperm retrieval.
(C) Egg retrieval.
(D) Artificial insemination.
(E) Embryo transfer.
(F) Such other treatments as the Secretary of Defense
considers appropriate.
(2) 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 appropriate.
(3) Partner.--The term ``partner'', with respect to a
member of the Armed Forces, 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 section.

SEC. 742. 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 gametes, 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) Consent for Retrieval of Gametes.--Gametes may be
retrieved from a member of the Armed Forces under subsection
(a) only--
(1) with the specific consent of the member; or
(2) if the member is unable to consent, if a medical
professional determines that--
(A) the future fertility of the member is potentially
jeopardized as a result of an injury or illness described in
subsection (a) or will be potentially jeopardized as a result
of treating such injury or illness;
(B) the member lacks the capacity to consent to the
retrieval of gametes and is likely to regain such capacity;
and
(C) the retrieval of gametes under this section is in the
medical interest of the member.
(c) Consent for Use of Retrieved Gametes.--Gametes
retrieved from a member of the Armed Forces under subsection
(a) may be used only--
(1) with the specific consent of the member; or
(2) if the member has lost the ability to consent
permanently, as determined by a medical professional, as
specified in an advance directive or testamentary instrument
executed by the member.
(d) Disposal of Gametes.--In accordance with regulations
prescribed by the Secretary for purpose of this subsection,
the Secretary shall dispose of gametes retrieved from a
member of the Armed Forces under subsection (a)--
(1) with the specific consent of the member; or
(2) if the member--
(A) has lost the ability to consent permanently, as
determined by a medical professional; and
(B) has not specified the use of their gametes in an
advance directive or testamentary instrument executed by the
member.

SEC. 743. CRYOPRESERVATION AND STORAGE OF GAMETES 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 in the Armed
Forces with the opportunity to cryopreserve and store their
gametes prior to deployment to a combat zone.
(b) Period of Time.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of any member of the
Armed Forces under subsection (a), at no cost to the member,
in a facility of the Department of Defense or of a private
entity pursuant to a contract under subsection (d) 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 gametes were cryopreserved
and stored in a facility of the Department 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 gametes to a private cryopreservation
and storage facility selected by the individual.
(C) To transfer the gametes to a facility of the Department
of Veterans Affairs if cryopreservation and storage is
available to the individual at such facility.
(3) Disposal of gametes.--If an individual described in
paragraph (2) does not make a selection under subparagraph
(A), (B), or (C) of such paragraph, the Secretary may dispose
of the gametes of the individual not earlier than the date
that is 90 days after the end of the one-year period
specified in paragraph (1) with respect to the individual.
(c) 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 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 gametes if such member dies or
otherwise loses the capacity to consent to the use of their
cryopreserved and stored gametes.
(d) Agreements.--To carry out this section, the Secretary
may enter into agreements with private entities that provide
cryopreservation and storage services for gametes.

SEC. 744. 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 the
Secretaries.
(b) Memoradum of Understanding.--The Secretary of Defense
and the Secretary of Veterans Affairs shall enter into a
memorandum of understanding--
(1) providing that the Secretary of Defense will ensure
access by the Secretary of Veterans Affairs to any gametes of
veterans stored by the Department of Defense for purposes of
furnishing fertility treatment; and
(2) authorizing the Department of Veterans Affairs to
compensate the Department of Defense for the cryopreservation
and storage of gametes of veterans under section 743.
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