S.Amdt. 3979

SA 3979. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
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

SEC. 751. DEFINITIONS.

In this subtitle:
(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. 752. 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. 753. 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--
(1) deployment to a combat zone; or
(2) a duty assignment that includes a hazardous assignment,
as determined by the Secretary.
(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) in a facility of the
Department of Defense or of a private entity and the
transportation of such gametes, 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 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.

[[Page S7485]]

(d) Agreements.--To carry out this section, the Secretary
may enter into agreements with private entities that provide
cryopreservation, transportation, and storage services for
gametes.

SEC. 754. 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
subtitle;
(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. 755. 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) Memorandum 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 gametes of
veterans stored by the Department of Defense; and
(2) authorizing the Department of Veterans Affairs to
compensate the Department of Defense for the
cryopreservation, transportation, and storage of gametes of
veterans under section 753.

SEC. 756. MODERNIZATION AND EXPANSION OF ASSISTED
REPRODUCTIVE TECHNOLOGY PROGRAM.

Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall develop and submit
to Congress a strategy to modernize and expand the program
described in the memorandum on the subject of ``Policy for
Assisted Reproductive Services for the Benefit of Seriously
or Severely Ill/Injured (Category II or III) Active Duty
Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012.
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