[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3710 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3710

To amend title 18, United States Code, to prohibit health professionals 
from providing false or misleading information with respect to assisted 
                 reproduction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

Mrs. McClain (for herself, Ms. Perez, and Mrs. Dingell) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prohibit health professionals 
from providing false or misleading information with respect to assisted 
                 reproduction, 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 ``Fighting Fertility Fraud Act of 
2023''.

SEC. 2. FIGHTING FERTILITY FRAUD.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:

``SEC. 1041. FRAUD IN CONNECTION WITH THE USE OF HUMAN REPRODUCTIVE 
              MATERIAL.

    ``(a) Offense by a Person, Health Professional, or Health 
Facility.--A person, health professional, or health facility, in any of 
the circumstances described in subsection (d), that knowingly provided 
materially false or misleading information relating to assisted 
reproduction, including--
            ``(1) the human reproductive material provided or used for 
        assisted reproduction;
            ``(2) the identifying information of the gamete provider 
        including their name, birth date, or address at the time of 
        gamete provision; or
            ``(3) a gamete provider's medical history including any 
        known physical and mental health illness, the social, genetic, 
        family medical history of the gamete provider, or the gamete 
        provider's educational level, ethnicity, religious background,
shall be imprisoned not more than 10 years, fined in accordance this 
title, or both.
    ``(b) Offense by Health Professional or Health Facility.--
            ``(1) In general.--A health care professional or health 
        facility, in any of the circumstances described in subsection 
        (d), that knowingly uses or provides--
                    ``(A) human reproductive material for assisted 
                reproduction other than the selected human reproductive 
                material for which patient gave consent in writing to 
                use; or
                    ``(B) a patient with human reproductive material in 
                assisted reproduction without the gamete provider's 
                consent or in a manner or to an extent other than that 
                to which the gamete provider consented to,
        shall be imprisoned not more than 10 years, fined in accordance 
        with this title, or both.
            ``(2) Not a defense.--A health care professional or health 
        facility found to have violated paragraph (1) may not use as a 
        defense that a patient consented in writing to the use of human 
        reproductive material from an anonymous gamete provider.
    ``(c) Circumstances Described.--For the purposes of subsections (a) 
and (b), the circumstances described in this subsection are that--
            ``(1) the conduct described in such subsections occurs 
        during the course of, or as the result of, the travel of the 
        defendant or covered individual--
                    ``(A) across a State line or national border; or
                    ``(B) using a channel, facility, or instrumentality 
                of interstate or foreign commerce;
            ``(2) the defendant uses a channel, facility, or 
        instrumentality of interstate or foreign commerce in connection 
        with the conduct described in such subsections;
            ``(3) the conduct described in such subsections--
                    ``(A) interferes with commercial or other economic 
                activity in which the defendant or covered individual 
                is engaged at the time of the conduct; or
                    ``(B) otherwise affects interstate or foreign 
                commerce;
            ``(4) the conduct described in such subsections occurred 
        within the special maritime and territorial jurisdiction of the 
        United States or within any territory or possession of the 
        United States; or
            ``(5) 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.
    ``(d) Cause of Action.--
            ``(1) In general.--A cause of action may be brought for a 
        violation of subsection (a) or (b) against a health 
        professional, health facility, or gamete provider by a donor 
        conceived individual born as a result of such violation.
            ``(2) Certain other individuals.--A cause of action may be 
        brought for a violation of subsection (a) or (b) against a 
        health professional, health facility, or gamete provider by a 
        patient or patient's spouse for each donor conceived individual 
        born as a result of such violation.
            ``(3) Gamete provider.--A cause of action may be brought 
        for a violation of subsection (a) or (b) against a health 
        professional or health facility by a gamete provider.
    ``(e) Relief.--
            ``(1) In general.--In an action under subsection (e), the 
        court may award appropriate relief, including temporary, 
        preliminary, or permanent injunctive relief and compensatory 
        and punitive damages, as well as the costs of suit and 
        reasonable fees for attorneys and expert witnesses. With 
        respect to compensatory damages, the plaintiff may elect, at 
        any time prior to the rendering of final judgment, to recover, 
        in lieu of actual damages, an award of statutory damages in the 
        amount of $20,000 per violation.
            ``(2) Compensatory damages.--Compensatory damages awarded 
        pursuant to paragraph (1) shall include the amount of all 
        medical expenses incurred by the patient and any donor 
        conceived child as a result of a violation of subsection (a) or 
        (b), including the cost of any procedure, treatment, and any 
        other medical expense for the patient and any donor conceived 
        child.
    ``(f) Statute of Limitations.--An action brought under subsection 
(e) may not be brought more than five years after the date on which the 
violation of subsection (a) or (b) was discovered by a covered 
individual.
    ``(g) Definitions.--In this section:
            ``(1) Assisted reproduction.--The term `assisted 
        reproduction' means a method of causing pregnancy involving 
        medical or scientific intervention, other than sexual 
        intercourse.
            ``(2) Assisted reproductive technology.--The term `assisted 
        reproductive technology' means any fertility treatment in which 
        either eggs or embryos are handled.
            ``(3) Consent.--The term `consent' means consent in writing 
        that is freely given, knowledgeable, and informed.
            ``(4) Covered individual.--The term `covered individual' 
        means the patient, patient's spouse, gamete provider, or a 
        donor conceived individual born as a result of a violation of 
        subsection (a) or (b).
            ``(5) Donor conceived individual.--The term `donor 
        conceived individual' means an individual conceived from one or 
        more gametes from a gamete provider.
            ``(6) Family medical history.--The term `family medical 
        history' means any known medical history information about an 
        individual's first and second degree relatives.
            ``(7) Fertility fraud.--The term `fertility fraud' means 
        any misrepresentation or false information provided in assisted 
        reproduction.
            ``(8) Gamete.--The term `gamete' means an unfertilized egg 
        or sperm.
            ``(9) Gamete provider.--The term `gamete provider' means an 
        individual who provides gametes intended for use in assisted 
        reproduction, whether or not for consideration.
            ``(10) Health facility.--The term `health facility' means a 
        hospital, clinic, bank, laboratory, facility, or other health 
        care institution involved in any aspect of assisted 
        reproduction.
            ``(11) Health professional.--The term `health professional' 
        means an individual licensed, registered, certified, or 
        otherwise authorized to engage in a health profession.
            ``(12) Human reproductive material.-- The term `human 
        reproductive material' means a human sperm, egg, or a human 
        organism at any stage of development from fertilized ovum to 
        embryo.
            ``(13) Medical history.--The term `medical history' means 
        information about any known physical, social, and mental health 
        of an individual known to be, or that could be, inheritable 
        according to medical standards.
            ``(14) Patient.--The term `patient' means an individual 
        under the care of a health professional.
            ``(15) Patient's spouse.--The term `patient's spouse' means 
        the spouse or partner of the patient at the time at which the 
        assisted reproduction occurred.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1041. Fraud in connection with the use of human reproductive 
                            material.''.
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