Sec. 627. Fertility and adoption demonstration program
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The Secretary of Defense shall establish a fertility and adoption demonstration program (in this section referred to as the demonstration program ) to assess the feasibility and advisability of providing cash reimbursement and covered pharmacy benefits to eligible active-duty members of the Armed Forces and their dependents to reduce the out-of-pocket costs associated with services described in subsection (b). Under the demonstration program, the Secretary may provide payments for— services related to fertility treatments, in-vitro fertilization, adoption, and foster care; and except as provided by paragraph (2), such other services related to building families as the Secretary determines appropriate.
Under the demonstration program, the Secretary may not provide payments related to— an abortion for which the Department of Defense may not use funds under section 1093 of title 10, United States Code; or human cloning, artificial womb technology, or international surrogacy. The Secretary may establish pharmaceutical benefit coverages associated with the fertility and adoption services described in subsection
(b)under the military healthcare pharmacy benefit. The costs of such pharmaceutical benefits shall not be included in the calculation of maximum payment under subsection (e). To be eligible for a payment under the demonstration program for services described in subsection
(b)provided to a member of the Armed Forces or a dependent of such member, the member is required— to be serving on active duty; to have accrued not less than 4 years of service on active duty (as defined in section 101(d)(1) of title 10, United States Code) as of the date of the eligibility determination; and to agree in writing to continue to serve active duty for a period of not less than 4 years after the member has been approved for participation in the demonstration program described in subsection (a). An eligible participant may receive not more than $25,000 in payments under the demonstration program. The Secretary may provide not more than $25,000,000 in the aggregate in any year to members of the Armed Forces under the demonstration program. The Secretary shall ensure that any embryo created pursuant to the use of fertility treatment under subsection (b)(1) that is not transferred into the womb of a member of the Armed Forces or a spouse of such a member (as applicable) is— cryopreserved and stored in perpetuity; or if such member or spouse so elects, released for the purpose of embryo adoption to another individual who intends to bear and retain custody of the child. Not later than October 1, 2026, the Secretary shall issue guidance to carry out the demonstration program. Not later than one year after the date of the enactment of this Act, and annually thereafter under the termination date under subsection (g), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation, cost, and effect on recruiting, retention, and morale for members of the Armed Forces and their dependents. The authority provided by this section shall terminate on September 30, 2030.