Protecting Families from Fertility Fraud Act of 2023

Subjects: Crime and Law Enforcement, Fraud offenses and financial crimes, Genetics, Sex and reproductive health

Summary:  <p><b>Protecting Families from Fertility Fraud Act of 2023</b></p> <p>This bill establishes a new federal criminal offense for knowingly misrepresenting the nature or source of DNA used in assisted reproductive technology or assisted insemination.</p> <p>The term <i>assisted reproductive technology</i> includes any treatment or procedure that involves the handling of human oocytes or embryos, such as in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. The term <i>assisted insemination</i> includes any procedure that involves the handling of sperm including intrauterine insemination.</p> <p>A violation is subject to a fine, a prison term of up to 10 years, or both. Additionally, the bill makes the violation a predicate offense (i.e., an underlying offense) for prosecutions under the federal racketeering statute. </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 451 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 451

   To amend title 18, United States Code, to criminalize abuse with 
  respect to assisted reproductive technology, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2023

  Mrs. Bice (for herself, Ms. Sherrill, Ms. Letlow, and Ms. Houlahan) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to criminalize abuse with 
  respect to assisted reproductive technology, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Families from Fertility 
Fraud Act of 2023''.

SEC. 2. ABUSE WITH RESPECT TO ASSISTED REPRODUCTIVE TECHNOLOGY.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:

``SEC. 2249. ABUSE WITH RESPECT TO ASSISTED REPRODUCTIVE TECHNOLOGY.

    ``(a) Offense.--Whoever, in any circumstance described in 
subsection (b), knowingly misrepresents the nature or source of DNA 
used in assisted reproductive technology (including any treatment or 
procedure that involves the handling of human oocytes or embryos such 
as in vitro fertilization, gamete intrafallopian transfer, and zygote 
intrafallopian transfer) or assisted insemination (including any 
procedure that involves the handling of sperm including intrauterine 
insemination) shall be fined under this title, imprisoned for not more 
than 10 years, or both.
    ``(b) Circumstance Described.--For the purposes of subsection (a), 
the circumstances described in this subsection are that--
            ``(1) the defendant or victim traveled in interstate or 
        foreign commerce, or traveled using a means, channel, facility, 
        or instrumentality of interstate or foreign commerce, in 
        furtherance of or in connection with the conduct described in 
        subsection (a);
            ``(2) the defendant used a means, channel, facility, or 
        instrumentality of interstate or foreign commerce in 
        furtherance of or in connection with the conduct described in 
        subsection (a);
            ``(3) any payment of any kind was made, directly or 
        indirectly, in furtherance of or in connection with the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce;
            ``(4) the defendant transmitted in interstate or foreign 
        commerce any communication relating to or in furtherance of the 
        conduct described in subsection (a) using any means, channel, 
        facility, or instrumentality of interstate or foreign commerce 
        or in or affecting interstate or foreign commerce by any means 
        or manner, including by computer, mail, wire, or 
        electromagnetic transmission;
            ``(5) any instrument, item, substance, or other object that 
        has traveled in interstate or foreign commerce was used to 
        perform the conduct described in subsection (a);
            ``(6) the conduct described in subsection (a) occurred 
        within the special maritime and territorial jurisdiction of the 
        United States, or any territory or possession of the United 
        States; or
            ``(7) the conduct described in subsection (a) otherwise 
        occurred in or affected interstate or foreign commerce.
    ``(c) Statute of Limitations.--In the case in which DNA testing 
leads to the identification of a person who has violated subsection 
(a), no statute of limitations that would otherwise preclude the 
prosecution of an offense under subsection (a) shall preclude such 
prosecution until the date that is 10 years after the date on which 
such person was identified.''.
    (b) Racketeering Activity.--Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 2249 (relating to abuse 
with respect to assisted reproductive technology),'' after ``(relating 
to nuclear materials),''.
    (c) Table of Contents.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by adding at the end the 
following:

``2249. Abuse with respect to assisted reproductive technology.''.
                                 &lt;all&gt;
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