Protecting Families from Fertility Fraud Act of 2023

To amend title 18, United States Code, to criminalize abuse with respect to assisted reproductive technology, and for other purposes. 1. Short title This Act may be cited as the Protecting Families from Fertility Fraud Act of 2023 2. Abuse with respect to assisted reproductive technology (a) In general Chapter 109A 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), (relating to nuclear materials), (c) Table of contents The table of sections for chapter 109A 2249. Abuse with respect to assisted reproductive technology. .

Summary: Protecting Families from Fertility Fraud Act of 2023 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. The term assisted reproductive technology 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 assisted insemination includes any procedure that involves the handling of sperm including intrauterine insemination. 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.