[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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