Therapeutic Fraud Prevention Act of 2021
This bill prohibits commercial conversion therapy, which is a practice or treatment designed to change a person's sexual orientation or gender identity or otherwise change behaviors, thoughts, or expressions related to gender or sexual attraction. This prohibition does not apply to treatment that assists an individual undergoing a gender transition or facilitates identity exploration and development.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4146 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4146
To prohibit commercial sexual orientation conversion therapy, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2021
Mr. Lieu (for himself, Mr. Kilmer, Mr. Grijalva, Mr. Welch, Mr.
Yarmuth, Mrs. Napolitano, Ms. Norton, Ms. Chu, Mrs. Watson Coleman, Mr.
Torres of New York, Mr. Pocan, Mrs. Axne, Mr. Nadler, Mr. Cicilline,
Mr. Takano, Ms. Clark of Massachusetts, Mr. DeFazio, Mrs. Carolyn B.
Maloney of New York, Mr. Jeffries, Ms. DelBene, Ms. Dean, Ms. Schrier,
Mr. Foster, Ms. Pressley, Mrs. Beatty, Ms. Garcia of Texas, Ms. Lee of
California, Ms. Wasserman Schultz, Mr. Connolly, Ms. Roybal-Allard, Ms.
Lois Frankel of Florida, Mr. Moulton, Ms. Meng, Mr. Johnson of Georgia,
Ms. DeGette, Ms. Bass, Ms. Newman, Ms. Brownley, Mr. Suozzi, Mr.
McNerney, Mr. Casten, Mr. Khanna, Mr. Quigley, Ms. Pingree, Ms. Wilson
of Florida, Mr. Auchincloss, Mr. Kahele, Mrs. Kirkpatrick, Ms. Kuster,
Mr. Aguilar, Ms. Manning, Mr. Green of Texas, Mr. Higgins of New York,
Mr. Soto, Ms. McCollum, Ms. Slotkin, Ms. Williams of Georgia, Ms.
Houlahan, Mr. Tonko, Mr. Sires, Ms. Jacobs of California, Mr.
O'Halleran, Mrs. Hayes, Ms. Blunt Rochester, Mr. Price of North
Carolina, Mr. Costa, Mr. Brendan F. Boyle of Pennsylvania, Ms.
Underwood, Ms. Bonamici, Mrs. Demings, Mr. Langevin, Ms. Leger
Fernandez, Mr. Schneider, Mrs. Fletcher, Mr. Kildee, Mr. Sean Patrick
Maloney of New York, and Ms. Tlaib) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit commercial sexual orientation conversion therapy, 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 ``Therapeutic Fraud Prevention Act of
2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Being lesbian, gay, bisexual, transgender, or gender
nonconforming is not a disorder, disease, illness, deficiency,
or shortcoming.
(2) The national community of professionals in education,
social work, health, mental health, and counseling has
determined that there is no scientifically valid evidence that
supports the practice of attempting to prevent a person from
being lesbian, gay, bisexual, transgender, or gender
nonconforming.
(3) Such professionals have determined that there is no
evidence that conversion therapy is effective or that an
individual's sexual orientation or gender identity can be
changed by conversion therapy.
(4) Such professionals have also determined that the
potential risks of conversion therapy are not only that it is
ineffective, but also that it is substantially dangerous to an
individual's mental and physical health, and has been shown to
contribute to depression, self-harm, low self-esteem, family
rejection, and suicide.
(5) It is in the interest of the Nation to prevent lesbian,
gay, bisexual, transgender, and gender nonconforming people and
their families from being defrauded by persons seeking to
profit by offering this harmful and wholly ineffective therapy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conversion therapy.--The term ``conversion therapy''--
(A) means any practice or treatment by any person
that seeks to change another individual's sexual
orientation or gender identity, including efforts to
change behaviors or gender expressions, or to eliminate
or reduce sexual or romantic attractions or feelings
toward individuals of the same gender, if such person--
(i) receives monetary compensation in
exchange for such practice or treatment; or
(ii) instead of, or in addition to,
receiving monetary compensation in exchange for
such practice or treatment directly, receives
monetary compensation in exchange for a product
or service that is integral to the provision of
such practice or treatment by such person,
unless such product or service is protected by
the First Amendment to the Constitution; and
(B) does not include any practice or treatment,
which does not seek to change sexual orientation or
gender identity, that--
(i) provides assistance to an individual
undergoing a gender transition; or
(ii) provides acceptance, support, and
understanding of a client or facilitation of a
client's coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual
practices.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) Person.--The term ``person'' means any individual,
partnership, corporation, cooperative, association, or any
other entity.
(4) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION THERAPY.
(a) In General.--It shall be unlawful for any person--
(1) to provide conversion therapy to any individual;
(2) to advertise for the provision of conversion therapy
and claim in such advertising--
(A) to change another individual's sexual
orientation or gender identity;
(B) to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same
gender; or
(C) that such efforts are harmless or without risk
to individuals receiving such therapy; or
(3) to knowingly assist or facilitate the provision of
conversion therapy to an individual if such person receives
compensation from any source in connection with providing
conversion therapy.
(b) Enforcement by Federal Trade Commission.--
(1) Violation of rule.--A violation of subsection (a) shall
be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties, and entitled to the privileges and
immunities, provided in the Federal Trade Commission
Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Federal Trade Commission may
promulgate, in accordance with section 553 of title 5, United
States Code, such regulations as the Commission considers
appropriate to carry out this section.
(c) Enforcement by Attorney General.--The Attorney General may
bring a civil action in the courts of the United States against a
person who engages in a violation of subsection (a), for appropriate
relief.
(d) Enforcement by States.--
(1) In general.--If the attorney general of a State has
reason to believe that an interest of the residents of the
State has been or is being threatened or adversely affected by
a practice that violates subsection (a), the attorney general
of the State may, as parens patriae, bring a civil action on
behalf of the residents of the State in an appropriate district
court of the United States to obtain appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State,
before initiating a civil action under
paragraph (1), shall provide written
notification to the Federal Trade Commission
that the attorney general intends to bring such
civil action.
(ii) Contents.--The notification required
under clause (i) shall include a copy of the
complaint to be filed to initiate the civil
action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required under clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which--
(i) the defendant is an inhabitant, may be
found, or transacts business; or
(ii) venue is proper under section 1391 of
title 28, United States Code.
(6) Actions by other state officials.--
(A) In general.--In addition to a civil action
brought by an attorney general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and its application to any person or
circumstance shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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