II
119THCONGRESS
1
STSESSION S. 797
To amend title 5, United States Code, to protect and expand access to
fertility treatment under the health insurance program carried out under
chapter 89 of that title, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY27, 2025
Ms. D
UCKWORTH(for herself, Mr. WELCH, Ms. WARREN, Mr. PADILLA, Mr.
M
ERKLEY, Mr. BOOKER, Mr. COONS, and Mr. KAINE) introduced the fol-
lowing bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
A BILL
To amend title 5, United States Code, to protect and expand
access to fertility treatment under the health insurance
program carried out under chapter 89 of that title, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Family Building 4
FEHB Fairness Act’’. 5
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•S 797 IS
SEC. 2. FERTILITY TREATMENT BENEFITS. 1
(a) I
NGENERAL.—Section 8904 of title 5, United 2
States Code, is amended— 3
(1) in subsection (a)— 4
(A) in paragraph (1), by adding at the end 5
the following: 6
‘‘(G) Fertility treatment benefits.’’; and 7
(B) in paragraph (2)— 8
(i) by redesignating subparagraph (F) 9
as subparagraph (G); and 10
(ii) by inserting after subparagraph 11
(E) the following: 12
‘‘(F) Fertility treatment benefits.’’; and 13
(2) by adding at the end the following: 14
‘‘(c) In this section, the term ‘fertility treatment’ in-15
cludes the following: 16
‘‘(1) Preservation of human oocytes, sperm, or 17
embryos for later reproductive use. 18
‘‘(2) Artificial insemination, including 19
intravaginal insemination, intracervical insemination, 20
and intrauterine insemination. 21
‘‘(3) Assisted reproductive technology, including 22
in vitro fertilization and other treatments or proce-23
dures in which reproductive genetic material, such as 24
oocytes, sperm, fertilized eggs, and embryos, are 25
handled, when clinically appropriate. 26
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•S 797 IS
‘‘(4) Genetic testing of embryos. 1
‘‘(5) Medications prescribed or obtained over- 2
the-counter, as indicated for fertility. 3
‘‘(6) Gamete donation. 4
‘‘(7) Such other information, referrals, treat-5
ments, procedures, medications, laboratory services, 6
technologies, and services relating to fertility as the 7
Director of the Office of Personnel Management, in 8
coordination with the Secretary of Health and 9
Human Services, determines appropriate.’’. 10
(b) E
FFECTIVEDATE.—The amendments made by 11
this section shall take effect on the date that is 1 year 12
after the date of enactment of this Act. 13
Æ
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