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103D CONGRESS

1ST SESSION H. R. 1912

To amend title 5, United States Code, to provide that any carrier offering

obstetrical benefits under the health benefits program for Federal employees must also provide benefits relating to certain ‘‘family-building

procedures’’, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mrs. SCHROEDER introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

To amend title 5, United States Code, to provide that any

carrier offering obstetrical benefits under the health benefits program for Federal employees must also provide

benefits relating to certain ‘‘family-building procedures’’,

and for other purposes.

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 ‘‘Federal Employee

5 Family-Building Act of 1993’’.
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1 SEC. 2. FAMILY-BUILDING BENEFIT.

2 Section 8902 of title 5, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(o)(1) For the purpose of this subsection—

5 ‘‘(A) the term ‘family-building procedure’

6 means—

7 ‘‘(i) a medical procedure to overcome infer8 tility, including a procedure to achieve preg9 nancy or to carry pregnancy to term; and

10 ‘‘(ii) procedures relating to child adoption;

11 and

12 ‘‘(B) the term ‘child’ means an individual who

13 is under 18 years of age and unmarried.

14 ‘‘(2) Any contract under this chapter which provides

15 obstetrical benefits shall also provide benefits for family16 building procedures. Any deductible, coinsurance provi17 sion, and other similar term or condition under any such

18 contract shall be no more restrictive for family-building

19 benefits than for obstetrical benefits.

20 ‘‘(3) To the extent that a contract under this chapter

21 relates to procedures under paragraph (1)(A)(ii), such

22 contract shall provide that—

23 ‘‘(A) benefits shall consist of reimbursement for

24 reasonable and necessary—

25 ‘‘(i) medical expenses directly relating to

26 the adoption of the child (such as those relating
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1 to obstetrical care for the biological mother,

2 medical care for the child, and physical exami3 nations for the pre-adoptive or adoptive parent

4 or parents); and

5 ‘‘(ii) counseling fees directly relating to the

6 adoption of the child; and

7 ‘‘(B) benefits shall be available in connection

8 with—

9 ‘‘(i) obstetrical care for the biological

10 mother if, or to the extent that, the pre-adop11 tive or adoptive parent or parents are legally re12 sponsible (whether by contract or under appli13 cable provisions of law) for the cost of such

14 care; and

15 ‘‘(ii) medical care for the child if, or to the

16 extent that, the pre-adoptive or adoptive parent

17 or parents are legally responsible (whether by

18 contract or under applicable provisions of law)

19 for the cost of such care.’’.

20 SEC. 3. USE OF SICK LEAVE; PROHIBITION OF COERCION.

21 Section 6307 of title 5, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(d)(1) The Office of Personnel Management shall

24 prescribe regulations under which sick leave otherwise

25 available to an employee under this subchapter shall also
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1 be available for purposes relating to family-building proce2 dures.

3 ‘‘(2)(A) An employee may not directly or indirectly

4 intimidate, threaten, or coerce, or attempt to intimidate,

5 threaten, or coerce, any other employee for the purpose

6 of interfering with such other employee’s rights under this

7 subsection.

8 ‘‘(B) For the purposes of this subsection—

9 ‘‘(i) the term ‘family-building procedure’ has

10 the meaning given such term by section

11 8902(o)(1)(A); and

12 ‘‘(ii) the term ‘intimidate, threaten, or coerce’

13 includes promising to confer or conferring any bene14 fit (such as appointment, promotion, or compensa15 tion), or effecting or threatening to effect any re16 prisal (such as deprivation of appointment, pro17 motion, or compensation).’’.

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