Text of Senate Amendment 5926

On 2026-06-23, Senator Tammy Duckworth (D-IL) delivered a floor speech titled "Text Of Senate Amendment 5926" in the Senate.

Text of Senate Amendment 5926

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Page S3076] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5926. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 appropriate place in title VII, insert the following: SEC. 7__. FERTILITY TREATMENT FOR CERTAIN MEMBERS OF THE UNIFORMED SERVICES AND DEPENDENTS. (a) Fertility Treatment.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: ``Sec. 1074p. Fertility treatment for certain active duty members of the uniformed services and their dependents ``(a) Coverage.--The Secretary of Defense shall ensure that fertility-related care for a member of the uniformed services on active duty (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select. ``(b) In Vitro Fertilization.--In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a), coverage under such subsection shall include-- ``(1) not fewer than three completed oocyte retrievals; and ``(2) unlimited embryo transfers provided in accordance with the guidelines of the American Society for Reproductive Medicine, using single embryo transfer when recommended and medically appropriate. ``(c) Definitions.--In this section: ``(1) The term `fertility-related care' means-- ``(A) the diagnosis of infertility; and ``(B) fertility treatment. ``(2) The term `fertility treatment' includes the following: ``(A) In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate. ``(B) Sperm retrieval. ``(C) Egg retrieval. ``(D) Preservation of human oocytes, embryos, or sperm. ``(E) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. ``(F) Transfer of reproductive genetic material. ``(G) Medications as prescribed or necessary for fertility. ``(H) Fertility treatment coordination. ``(I) Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense. ``(3) The term `infertility' means a disease, condition, or status characterized by-- ``(A) the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine; ``(B) the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or ``(C) the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing of the individual.''. (b) Program on Fertility Treatment Coordination.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110c. Program on fertility-related care coordination ``(a) In General.--The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care. ``(b) Training and Support.--In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the uniformed services and the dependents of such members. ``(c) Fertility-Related Care Defined.--In this section, the term `fertility-related care' has the meaning given that term in section 1074p of this title.''. (c) Conforming Amendment.--Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(21) Fertility-related care shall be provided in accordance with section 1074p of this title.''. (d) Exclusion From Contracts for Former Members and Their Dependents.--Section 1086 of title 10, United States Code, is amended-- (1) in subsection (c), in the matter preceding paragraph (1), by striking ``subsection (d)'' and inserting ``subsections (d) and (j)''; and (2) by adding at the end the following new subsection: ``(j) A plan contracted for under subsection (a) may not include coverage for services under section 1074p of this title for former members of the uniformed services or dependents of former members of the uniformed services.''. (e) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations or subregulatory guidance regarding the implementation of the amendments made by this section. (f) Application.--The amendments made by this section shall apply with respect to services provided on or after October 1, 2028. (g) Rules of Construction.--Nothing in this section or the amendments made by this section shall be construed-- (1) to provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services; or (2) to authorize the Secretary of Defense to make payments related to human cloning, artificial womb technology, or international surrogacy. ______