119-hr2049

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2049 Introduced in House

    (IH) ]

<DOC>

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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