II 

117TH CONGRESS 

2D SESSION S. 5276 

To prohibit the limitation of access to assisted reproductive technology, and 

all medically necessary care surrounding such technology. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2022 

Ms. DUCKWORTH (for herself, Mrs. MURRAY, Mrs. GILLIBRAND, and Ms. 

BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit the limitation of access to assisted reproductive 

technology, and all medically necessary care surrounding 

such technology. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Right to Build Fami5 lies Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSISTED REPRODUCTIVE TECHNOLOGY.— 

9 The term ‘‘assisted reproductive technology’’ has the 


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1 meaning given such term in section 8 of the Fertility 

2 Clinic Success Rate and Certification Act of 1992 

3 (42 U.S.C. 263a–7(1)). 

4 (2) HEALTH CARE PROVIDER.—The term 

5 ‘‘health care provider’’ means any entity or indi6 vidual (including any physician, nurse practitioner, 

7 physician assistant, pharmacist, and other individ8 uals, as determined by the Secretary of Health and 

9 Human Services) that— 

10 (A) is engaged or seeks to engage in the 

11 delivery of assisted reproductive technology, 

12 such as through the provision of evidence-based 

13 information, counseling, or items and services 

14 related to fertility treatment; and 

15 (B) if required by State law to be licensed, 

16 certified, or otherwise authorized to engage in 

17 the delivery of such services— 

18 (i) is so licensed, certified, or other19 wise authorized; or 

20 (ii) would be so licensed, certified, or 

21 otherwise authorized but for the individ22 ual’s or entity’s past, present, or potential 

23 provision of assisted reproductive tech24 nology in accordance with section 3. 


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1 (3) STATE.—The term ‘‘State’’ includes each of 

2 the 50 States, the District of Columbia, Puerto Rico, 

3 each territory and possession of the United States, 

4 and any political subdivision of a State. 

5 SEC. 3. RIGHT TO ASSISTED REPRODUCTIVE TECHNOLOGY. 

6 (a) PROHIBITION.—No State, or official or employee 

7 of a State acting in the scope of such appointment or em8 ployment, may prohibit or unreasonably limit, for reasons 

9 other than to enforce regulations described in subsection 

10 (c)— 

11 (1) any individual from— 

12 (A) accessing assisted reproductive tech13 nology; 

14 (B) continuing or completing an ongoing 

15 assisted reproductive technology treatment or 

16 procedure pursuant to a written plan or agree17 ment with a health care provider; or 

18 (C) retaining all rights regarding the use 

19 of reproductive genetic materials, including 

20 gametes; 

21 (2) any health care provider from— 

22 (A) performing assisted reproductive tech23 nology treatments or procedures; or 

24 (B) providing evidence-based information 

25 related to assisted reproductive technology; or 


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1 (3) any insurance provider from covering as2 sisted reproductive technology treatments or proce3 dures. 

4 (b) ENFORCEMENT.— 

5 (1) THE ATTORNEY GENERAL.—The Attorney 

6 General may commence a civil action on behalf of 

7 the United States against any State, or against any 

8 government official, individual, or entity that enacts, 

9 implements or enforces a limitation or requirement 

10 that violates subsection (a). The court shall hold un11 lawful and set aside the limitation or requirement if 

12 it is in violation of subsection (a). 

13 (2) PRIVATE RIGHT OF ACTION.—Any indi14 vidual or entity adversely affected by an alleged vio15 lation of subsection (a) may commence a civil action 

16 against any State that violates this section or 

17 against any government official that enacts, imple18 ments, or enforces a limitation or requirement that 

19 violates subsection (a). The court shall hold unlawful 

20 and enjoin the limitation or requirement if it is in 

21 violation of subsection (a). 

22 (3) HEALTH CARE PROVIDER.—A health care 

23 provider may commence an action for relief on its 

24 own behalf, on behalf of the provider’s staff, and on 

25 behalf of the provider’s patients who are or may be 


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1 adversely affected by an alleged violation of sub2 section (a). 

3 (4) EQUITABLE RELIEF.—In any action under 

4 this section, the court may award appropriate equi5 table relief, including temporary, preliminary, or per6 manent injunctive relief. 

7 (5) COSTS.—In any action under this section, 

8 the court shall award costs of litigation, as well as 

9 reasonable attorney’s fees, to any prevailing plain10 tiff. A plaintiff shall not be liable to a defendant for 

11 costs or attorney’s fees in any non-frivolous action 

12 under this section. 

13 (6) JURISDICTION.—The district courts of the 

14 United States shall have jurisdiction over pro15 ceedings under this section and shall exercise the 

16 same without regard to whether the party aggrieved 

17 shall have exhausted any administrative or other 

18 remedies that may be provided for by law. 

19 (7) ABROGATION OF STATE IMMUNITY.—Nei20 ther a State that enforces or maintains, nor a gov21 ernment official who is permitted to implement or 

22 enforce, any limitation or requirement that violates 

23 subsection (a) shall be immune under the Tenth 

24 Amendment to the Constitution of the United 

25 States, the Eleventh Amendment to the Constitution 


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1 of the United States, or any other source of law, 

2 from an action in a Federal or State court of com3 petent jurisdiction challenging that limitation or re4 quirement. 

5 (8) RIGHT TO REMOVE.—Any party shall have 

6 a right to remove an action brought under this sub7 section to the district court of the United States for 

8 the district and division embracing the place where 

9 such action is pending. An order remanding the case 

10 to the State court from which it was removed under 

11 this paragraph may be immediately reviewable by 

12 appeal or otherwise. 

13 (c) STATE REGULATION OF MEDICINE.—Nothing in 

14 this Act shall be construed to prohibit enforcement of 

15 health and safety regulations a State requires of medical 

16 facilities or providers, if such regulations— 

17 (1) advance the safety of health care services or 

18 the health of patients; and 

19 (2) cannot be advanced by a less restrictive al20 ternative measure or action. 

21 (d) INSURANCE.—Nothing in this Act shall be con22 strued to modify, supersede, or otherwise affect any Fed23 eral or State law regarding insurance coverage of assisted 

24 reproductive technologies and treatments. 


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1 (e) REGULATIONS.—Not later than 1 year after the 

2 date of enactment of this Act, the Secretary of Health and 

3 Human Services shall promulgate regulations to carry out 

4 this section. 

5 SEC. 4. SEVERABILITY. 

6 If any provision of this Act, or the application of such 

7 provision to any person, entity, government, or cir8 cumstance is held to be unconstitutional, the remainder 

9 of this Act, or the application of such provision to all other 

10 persons, entities, governments, or circumstances shall not 

11 be affected thereby. 

Æ 


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