What This Bill Does
This bill creates a new federal crime for people who knowingly lie about the DNA used in fertility treatments. The law applies when the misrepresentation involves assisted reproductive technology (medical procedures that handle human eggs or embryos) or assisted insemination (procedures that handle sperm). The bill is called the Protecting Families from Fertility Fraud Act of 2023.
Who It Affects
People who perform fertility treatments and knowingly misrepresent DNA sources. Patients and families receiving fertility treatments. Federal prosecutors and courts enforcing the new law.
Key Provisions
- Anyone who knowingly misrepresents the nature or source of DNA used in assisted reproductive technology or assisted insemination faces fines, imprisonment for up to 10 years, or both (Sec. 2(a)).
- The federal crime applies when someone traveled across state or international borders in connection with the conduct, or when someone used interstate or foreign communication methods (such as mail, phone, or computer) to further the misrepresentation (Sec. 2(b)).
- The crime applies when any payment involved in the conduct used interstate or foreign commerce channels, or when any tools or items that traveled across state or international borders were used to perform the misrepresentation (Sec. 2(b)).
- When DNA testing identifies a person who committed this crime, prosecutors have 10 years from the date of identification to bring charges, even if normal time limits would otherwise prevent prosecution (Sec. 2(c)).
- This new crime is added to the list of crimes considered racketeering activity (organized crime patterns involving multiple predicate crimes) (Sec. 2(b)).
What Changes
Federal law will newly criminalize knowingly misrepresenting DNA sources in fertility treatments. A specific statute (Section 2249) is added to title 18 of the United States Code. The crime becomes actionable in federal court when it involves interstate or foreign commerce connections.
Important Definitions
Assisted reproductive technology: medical treatment or procedures that involve handling human eggs or embryos, such as in vitro fertilization (creating embryos outside the body), gamete intrafallopian transfer (placing eggs and sperm in the fallopian tube), and zygote intrafallopian transfer (placing fertilized eggs in the fallopian tube).
Assisted insemination: any procedure involving handling of sperm, including intrauterine insemination (placing sperm directly in the uterus).
Effective Date
Not specified in bill text
I
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Families
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from Fertility Fraud Act of 2023’’.
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•HR 451 IH
SEC. 2. ABUSE WITH RESPECT TO ASSISTED REPRODUC-
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TIVE TECHNOLOGY.
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(a) IN GENERAL.—Chapter 109A of title 18, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘SEC. 2249. ABUSE WITH RESPECT TO ASSISTED REPRO-
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DUCTIVE TECHNOLOGY.
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‘‘(a) OFFENSE.—Whoever, in any circumstance de-
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scribed in subsection (b), knowingly misrepresents the na-
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ture or source of DNA used in assisted reproductive tech-
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nology (including any treatment or procedure that involves
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the handling of human oocytes or embryos such as in vitro
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fertilization, gamete intrafallopian transfer, and zygote
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intrafallopian transfer) or assisted insemination (including
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any procedure that involves the handling of sperm includ-
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ing intrauterine insemination) shall be fined under this
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title, imprisoned for not more than 10 years, or both.
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‘‘(b) CIRCUMSTANCE DESCRIBED.—For the purposes
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of subsection (a), the circumstances described in this sub-
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section are that—
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‘‘(1) the defendant or victim traveled in inter-
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state or foreign commerce, or traveled using a
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means, channel, facility, or instrumentality of inter-
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state or foreign commerce, in furtherance of or in
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connection with the conduct described in subsection
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(a);
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•HR 451 IH
‘‘(2) the defendant used a means, channel, fa-
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cility, or instrumentality of interstate or foreign
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commerce in furtherance of or in connection with
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the conduct described in subsection (a);
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‘‘(3) any payment of any kind was made, di-
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rectly or indirectly, in furtherance of or in connec-
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tion with the conduct described in subsection (a)
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using any means, channel, facility, or instrumen-
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tality of interstate or foreign commerce or in or af-
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fecting interstate or foreign commerce;
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‘‘(4) the defendant transmitted in interstate or
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foreign commerce any communication relating to or
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in furtherance of the conduct described in subsection
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(a) using any means, channel, facility, or instrumen-
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tality of interstate or foreign commerce or in or af-
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fecting interstate or foreign commerce by any means
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or manner, including by computer, mail, wire, or
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electromagnetic transmission;
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‘‘(5) any instrument, item, substance, or other
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object that has traveled in interstate or foreign com-
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merce was used to perform the conduct described in
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subsection (a);
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‘‘(6) the conduct described in subsection (a) oc-
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curred within the special maritime and territorial ju-
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•HR 451 IH
risdiction of the United States, or any territory or
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possession of the United States; or
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‘‘(7) the conduct described in subsection (a)
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otherwise occurred in or affected interstate or for-
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eign commerce.
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‘‘(c) STATUTE
OF LIMITATIONS.—In the case in
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which DNA testing leads to the identification of a person
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who has violated subsection (a), no statute of limitations
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that would otherwise preclude the prosecution of an of-
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fense under subsection (a) shall preclude such prosecution
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until the date that is 10 years after the date on which
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such person was identified.’’.
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(b) RACKETEERING ACTIVITY.—Section 1961(1) of
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title 18, United States Code, is amended by inserting ‘‘sec-
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tion 2249 (relating to abuse with respect to assisted repro-
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ductive technology),’’ after ‘‘(relating to nuclear mate-
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rials),’’.
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(c) TABLE OF CONTENTS.—The table of sections for
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chapter 109A of title 18, United States Code, is amended
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by adding at the end the following:
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‘‘2249. Abuse with respect to assisted reproductive technology.’’.
Æ
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