[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2049 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2049
To prohibit the limitation of access to assisted reproductive
technology, and all medical care surrounding such technology.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2025
Ms. Gillen (for herself, Mr. Fitzpatrick, and Mr. Lawler) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To prohibit the limitation of access to assisted reproductive
technology, and all medical care surrounding such technology.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Family Building Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assisted reproductive technology.--The term ``assisted
reproductive technology'' has the meaning given such term in
section 8 of the Fertility Clinic Success Rate and
Certification Act of 1992 (42 U.S.C. 263a-7(1)).
(2) Health care provider.--The term ``health care
provider'' means any entity or individual (including any
physician, nurse practitioner, physician assistant, pharmacist,
health care support personnel, and any other individual, as
determined by the Secretary of Health and Human Services)
that--
(A) is engaged or seeks to engage in the delivery
of assisted reproductive technology, including through
the provision of evidence-based information,
counseling, referrals, or items and services that
relate to, aid in, or provide fertility treatment; and
(B) if required by State law to be licensed,
certified, or otherwise authorized to engage in the
delivery of such services--
(i) is so licensed, certified, or otherwise
authorized; or
(ii) would be so licensed, certified, or
otherwise authorized but for the individual's
or entity's past, present, or potential
provision of assisted reproductive technology
in accordance with section 4.
(3) Patient.--The term ``patient'' means any individual who
receives or seeks to receive assisted reproductive technology
services and evidence-based information, counseling, referrals,
or items and services that relate to, aid in, or provide
fertility treatment.
(4) State.--The term ``State'' includes each of the 50
States, the District of Columbia, Puerto Rico, each territory
and possession of the United States, and any political
subdivision thereof.
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Congress has the authority to enact this Act to protect
access to fertility treatments pursuant to--
(A) its powers under the Commerce Clause of section
8 of article I of the Constitution of the United
States;
(B) its powers under section 5 of the Fourteenth
Amendment to the Constitution of the United States to
enforce the provisions of section 1 of the Fourteenth
Amendment; and
(C) its powers under the necessary and proper
clause of section 8 of article I of the Constitution of
the United States.
(2) Congress has used its authority in the past to protect
and expand access to fertility treatment, information,
products, and services.
(b) Purpose.--It is the purpose of this Act to permit health care
providers to provide, and for patients to receive, assisted
reproductive technology services without limitations or requirements
that--
(1) are more burdensome than limitations or requirements
imposed on medically comparable procedures;
(2) do not significantly advance reproductive health or the
safety of such services; or
(3) unduly restrict access to such services.
SEC. 4. ACCESS TO ASSISTED REPRODUCTIVE TECHNOLOGY.
(a) General Rule.--
(1) Individual rights.--An individual has a statutory right
under this Act, including without prohibition or unreasonable
limitation or interference (such as due to financial cost or
detriment to the individual's health, including mental health),
to--
(A) access assisted reproductive technology;
(B) continue or complete an ongoing assisted
reproductive technology treatment or procedure pursuant
to a written plan or agreement with a health care
provider; and
(C) retain all rights regarding the use or
disposition of reproductive genetic materials,
including gametes, subject to subsection (c).
(2) Health care provider rights.--A health care provider
has a statutory right under this Act to--
(A) perform or assist with the performance of
assisted reproductive technology treatments or
procedures; and
(B) provide or assist with the provision of
evidence-based information related to assisted
reproductive technology.
(3) Insurance provider rights.--A health insurance provider
has a statutory right under this Act to cover assisted
reproductive technology treatments or procedures.
(b) Enforcement.--
(1) The attorney general.--The Attorney General may
commence a civil action on behalf of the United States against
any State, local municipality, or against any government
official, individual, or entity that enacts, implements, or
enforces a limitation or requirement that prohibits,
unreasonably limits, or interferes with subsection (a). The
court shall hold unlawful and set aside the limitation or
requirement if it is in violation of subsection (a).
(2) Private right of action.--Any individual or entity
adversely affected by an alleged violation of subsection (a)
may commence a civil action against any State or local
government official that enacts, implements, or enforces a
limitation or requirement that violates subsection (a). The
court shall hold unlawful and enjoin the limitation or
requirement if it is in violation of subsection (a).
(3) Health care provider.--A health care provider may
commence an action for relief on its own behalf, on behalf of
the provider's staff, or on behalf of the provider's patients
who are or may be adversely affected by an alleged violation of
subsection (a).
(4) Equitable relief.--In any action under this section,
the court may award appropriate equitable relief, including
temporary, preliminary, or permanent injunctive relief.
(5) Costs.--In any action under this section, the court
shall award costs of litigation, as well as reasonable
attorney's fees, to any prevailing plaintiff. A plaintiff shall
not be liable to a defendant for costs or attorney's fees in
any non-frivolous action under this section.
(6) Jurisdiction.--The district courts of the United States
shall have jurisdiction over proceedings under this section and
shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other
remedies that may be provided for by law.
(7) Right to remove.--Any party shall have a right to
remove an action brought under this subsection to the district
court of the United States for the district and division
embracing the place where such action is pending. An order
remanding the case to the State court from which it was removed
under this paragraph is immediately reviewable by appeal or
otherwise.
(c) State Regulation of Medicine.--Nothing in this Act shall be
construed to prohibit enforcement of health and safety regulations a
State or local municipality requires of medical facilities or
providers, if such regulations--
(1) advance the safety of health care services or the
health of patients; and
(2) that safety objective cannot be advanced by a less
restrictive alternative measure or action.
(d) Insurance.--Nothing in this Act shall be construed to modify,
supersede, or otherwise affect any State law regarding insurance
coverage of assisted reproductive technologies and treatments.
(e) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall
promulgate regulations to carry out this section.
SEC. 5. APPLICABILITY AND PREEMPTION.
(a) In General.--
(1) General application.--This Act supersedes and applies
to the law of the Federal Government and each State government,
and the implementation of such law, whether statutory, common
law, or otherwise, and whether adopted before or after the date
of enactment of this Act, and neither the Federal Government
nor any State government shall administer, implement, or
enforce any law, rule, regulation, standard, or other provision
having the force and effect of law that conflicts with any
provision of this Act, notwithstanding any other provision of
Federal law, including the Religious Freedom Restoration Act of
1993 (42 U.S.C. 2000bb et seq.).
(2) Subsequently enacted federal legislation.--Federal
statutory law adopted after the date of the enactment of this
Act is subject to this Act unless such law explicitly excludes
such application by reference to this Act.
(b) Defense.--In any cause of action against an individual or
entity who is subject to a limitation or requirement that violates this
Act, in addition to the remedies specified in section 4(b), this Act
shall also apply to, and may be raised as a defense by, such an
individual or entity.
SEC. 6. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, government, or circumstance is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or circumstances
shall not be affected thereby.
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