SEC. 104. CRYOPRESERVATION AND STORAGE OF REPRO-
DUCTIVE 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 mate-
rial, such as sperm or oocytes, prior to— 
(1) deployment to a combat zone; or 
(2) a duty assignment that includes a haz-
ardous 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 speci-
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fied in paragraph (1), the Secretary shall permit an 
individual whose reproductive genetic material was 
cryopreserved and stored as described in that para-
graph to select, including pursuant to an advance 
medical directive or military testamentary instru-
ment completed under subsection (c), one of the fol-
lowing options: 
(A) To continue such cryopreservation and 
storage in such facility with the cost of such 
cryopreservation and storage borne by the indi-
vidual. 
(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 repro-
ductive 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 con-
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sent to the use of their cryopreserved and stored reproduc-
tive genetic material. 
SEC. 105. ASSISTANCE WITH AND CONTINUITY OF CARE RE-
GARDING 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 DE-
FENSE AND DEPARTMENT OF VETERANS AF-
FAIRS ON FURNISHING OF FERTILITY TREAT-
MENT 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 in-
dividuals eligible for the receipt of such counseling and 
treatment from each such Secretary. 
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(b) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall enter into a memorandum of understanding— 
(1) regarding coordination of fertility preserva-
tion 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 Af-
fairs to compensate the Department of Defense for 
the cryopreservation, transportation, and storage of 
reproductive genetic material of veterans under sec-
tion 104(b)(2)(A). 
SEC. 107. REGULATIONS. 
Not later than two years after the date of the enact-
ment 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 MED-
ICAL SERVICES. 
Section 1701(6) of title 38, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
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‘‘(J) Fertility treatment and counseling 
under section 1720M of this title.’’. 
SEC. 202. FERTILITY TREATMENT AND COUNSELING FOR 
CERTAIN VETERANS AND SPOUSES, PART-
NERS, 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: 
‘‘§ 1720M. Fertility treatment and counseling for cer-
tain 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 pre-
scribed by the Secretary. 
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