I 
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 Representa-
tives 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 
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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 indi-
vidual (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, in-
cluding 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 other-
wise authorized; or 
(ii) would be so licensed, certified, or 
otherwise authorized but for the individ-
ual’s or entity’s past, present, or potential 
provision of assisted reproductive tech-
nology in accordance with section 4. 
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(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 serv-
ices that relate to, aid in, or provide fertility treat-
ment. 
(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 Four-
teenth Amendment to the Constitution of the 
United States to enforce the provisions of sec-
tion 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. 
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(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 re-
ceive, assisted reproductive technology services without 
limitations or requirements that— 
(1) are more burdensome than limitations or re-
quirements imposed on medically comparable proce-
dures; 
(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 TECH-
NOLOGY. 
(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 in-
dividual’s health, including mental health), to— 
(A) access assisted reproductive tech-
nology; 
(B) continue or complete an ongoing as-
sisted reproductive technology treatment or pro-
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cedure 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, in-
cluding 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 treat-
ments 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 munici-
pality, or against any government official, individual, 
or entity that enacts, implements, or enforces a limi-
tation or requirement that prohibits, unreasonably 
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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 indi-
vidual or entity adversely affected by an alleged vio-
lation of subsection (a) may commence a civil action 
against any State or local government official that 
enacts, implements, or enforces a limitation or re-
quirement that violates subsection (a). The court 
shall hold unlawful and enjoin the limitation or re-
quirement 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 sub-
section (a). 
(4) EQUITABLE RELIEF.—In any action under 
this section, the court may award appropriate equi-
table relief, including temporary, preliminary, or per-
manent 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 plain-
tiff. A plaintiff shall not be liable to a defendant for 
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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 pro-
ceedings 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 sub-
section 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 regula-
tions— 
(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. 
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