Us Congress 2023-2024 Regular Session

Us Congress House Bill HB451 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 451
55 To amend title 18, United States Code, to criminalize abuse with respect
66 to assisted reproductive technology, and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 JANUARY24, 2023
99 Mrs. B
1010 ICE(for herself, Ms. SHERRILL, Ms. LETLOW, and Ms. HOULAHAN)
1111 introduced the following bill; which was referred to the Committee on the
1212 Judiciary
1313 A BILL
1414 To amend title 18, United States Code, to criminalize abuse
1515 with respect to assisted reproductive technology, and for
1616 other purposes.
1717 Be it enacted by the Senate and House of Representa-1
1818 tives of the United States of America in Congress assembled, 2
1919 SECTION 1. SHORT TITLE. 3
2020 This Act may be cited as the ‘‘Protecting Families 4
2121 from Fertility Fraud Act of 2023’’. 5
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2424 •HR 451 IH
2525 SEC. 2. ABUSE WITH RESPECT TO ASSISTED REPRODUC-1
2626 TIVE TECHNOLOGY. 2
2727 (a) I
2828 NGENERAL.—Chapter 109A of title 18, United 3
2929 States Code, is amended by adding at the end the fol-4
3030 lowing: 5
3131 ‘‘SEC. 2249. ABUSE WITH RESPECT TO ASSISTED REPRO-6
3232 DUCTIVE TECHNOLOGY. 7
3333 ‘‘(a) O
3434 FFENSE.—Whoever, in any circumstance de-8
3535 scribed in subsection (b), knowingly misrepresents the na-9
3636 ture or source of DNA used in assisted reproductive tech-10
3737 nology (including any treatment or procedure that involves 11
3838 the handling of human oocytes or embryos such as in vitro 12
3939 fertilization, gamete intrafallopian transfer, and zygote 13
4040 intrafallopian transfer) or assisted insemination (including 14
4141 any procedure that involves the handling of sperm includ-15
4242 ing intrauterine insemination) shall be fined under this 16
4343 title, imprisoned for not more than 10 years, or both. 17
4444 ‘‘(b) C
4545 IRCUMSTANCEDESCRIBED.—For the purposes 18
4646 of subsection (a), the circumstances described in this sub-19
4747 section are that— 20
4848 ‘‘(1) the defendant or victim traveled in inter-21
4949 state or foreign commerce, or traveled using a 22
5050 means, channel, facility, or instrumentality of inter-23
5151 state or foreign commerce, in furtherance of or in 24
5252 connection with the conduct described in subsection 25
5353 (a); 26
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5656 •HR 451 IH
5757 ‘‘(2) the defendant used a means, channel, fa-1
5858 cility, or instrumentality of interstate or foreign 2
5959 commerce in furtherance of or in connection with 3
6060 the conduct described in subsection (a); 4
6161 ‘‘(3) any payment of any kind was made, di-5
6262 rectly or indirectly, in furtherance of or in connec-6
6363 tion with the conduct described in subsection (a) 7
6464 using any means, channel, facility, or instrumen-8
6565 tality of interstate or foreign commerce or in or af-9
6666 fecting interstate or foreign commerce; 10
6767 ‘‘(4) the defendant transmitted in interstate or 11
6868 foreign commerce any communication relating to or 12
6969 in furtherance of the conduct described in subsection 13
7070 (a) using any means, channel, facility, or instrumen-14
7171 tality of interstate or foreign commerce or in or af-15
7272 fecting interstate or foreign commerce by any means 16
7373 or manner, including by computer, mail, wire, or 17
7474 electromagnetic transmission; 18
7575 ‘‘(5) any instrument, item, substance, or other 19
7676 object that has traveled in interstate or foreign com-20
7777 merce was used to perform the conduct described in 21
7878 subsection (a); 22
7979 ‘‘(6) the conduct described in subsection (a) oc-23
8080 curred within the special maritime and territorial ju-24
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8484 risdiction of the United States, or any territory or 1
8585 possession of the United States; or 2
8686 ‘‘(7) the conduct described in subsection (a) 3
8787 otherwise occurred in or affected interstate or for-4
8888 eign commerce. 5
8989 ‘‘(c) S
9090 TATUTE OF LIMITATIONS.—In the case in 6
9191 which DNA testing leads to the identification of a person 7
9292 who has violated subsection (a), no statute of limitations 8
9393 that would otherwise preclude the prosecution of an of-9
9494 fense under subsection (a) shall preclude such prosecution 10
9595 until the date that is 10 years after the date on which 11
9696 such person was identified.’’. 12
9797 (b) R
9898 ACKETEERINGACTIVITY.—Section 1961(1) of 13
9999 title 18, United States Code, is amended by inserting ‘‘sec-14
100100 tion 2249 (relating to abuse with respect to assisted repro-15
101101 ductive technology),’’ after ‘‘(relating to nuclear mate-16
102102 rials),’’. 17
103103 (c) T
104104 ABLE OFCONTENTS.—The table of sections for 18
105105 chapter 109A of title 18, United States Code, is amended 19
106106 by adding at the end the following: 20
107107 ‘‘2249. Abuse with respect to assisted reproductive technology.’’.
108108 Æ
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