S. 797Senate119th Congress (2025-2027)In Committee

Family Building FEHB Fairness Act

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Updated November 24, 2025 at 2:21 AM UTC

The Family Building FEHB Fairness Act would expand the federal employee health insurance program to cover fertility treatments. It adds a specific benefit category for fertility care and spells out what services and procedures count as fertility treatment. The changes would apply to federal employees and take effect one year after the law is passed.

Key Provisions

Amends Section 8904 of Title 5 to add “fertility treatment benefits” as a covered benefit under the Federal Employees Health Benefits (FEHB) program.
Defines “fertility treatment” to include preservation of eggs, sperm, or embryos; various forms of artificial insemination; assisted reproductive technologies such as in‑vitro fertilization; embryo genetic testing; related medications; gamete donation; and any other fertility‑related services the OPM Director and HHS Secretary deem appropriate.
The new benefits and definitions become effective one year after the law is enacted.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

February 27, 2025

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SenateIntro Referral

Introduced in Senate

February 27, 2025

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

February 27, 2025

Bill Text

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Introduced in SenateIssued February 27, 2025

119th CONGRESS

1st Session

S. 797

IN THE SENATE OF THE UNITED STATES

February 27, 2025

Ms. Duckworth (for herself, Mr. Welch, Ms. Warren, Mr. Padilla, Mr. Merkley, Mr. Booker, Mr. Coons, and Mr. Kaine) introduced the following 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.

Short title

This Act may be cited as the Family Building FEHB Fairness Act.

Fertility treatment benefits

(a)

In general

Section 8904 of title 5, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by adding at the end the following:

(G)

Fertility treatment benefits.

; and

(B)

in paragraph (2)—

(i)

by redesignating subparagraph (F) as subparagraph (G); and

(ii)

by inserting after subparagraph (E) the following:

(F)

Fertility treatment benefits.

; and

(2)

by adding at the end the following:

(c)

In this section, the term fertility treatment includes the following:

(1)

Preservation of human oocytes, sperm, or embryos for later reproductive use.

(2)

Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.

(3)

Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, are handled, when clinically appropriate.

(4)

Genetic testing of embryos.

(5)

Medications prescribed or obtained over-the-counter, as indicated for fertility.

(6)

Gamete donation.

(7)

Such other information, referrals, treatments, procedures, medications, laboratory services, technologies, and services relating to fertility as the Director of the Office of Personnel Management, in coordination with the Secretary of Health and Human Services, determines appropriate.

(b)

Effective date

The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.