Text of US HB 2119 (2017)

I 115TH CONGRESS 1ST SESSION H. R. 2119 To prohibit, as an unfair or deceptive act or practice, commercial sexual orientation conversion therapy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 25, 2017 Mr. TED LIEU of California (for himself, Ms. PELOSI, Mr. AGUILAR, Mr. BLUMENAUER, Ms. BONAMICI, Mr. CARBAJAL, Ms. JUDY CHU of Cali- fornia, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. COHEN, Mrs. DAVIS of California, Ms. DEGETTE, Ms. DELBENE, Mrs. DEMINGS, Mr. DESAULNIER, Mr. ENGEL, Mr. ESPAILLAT, Ms. ESTY of Connecticut, Mr. GALLEGO, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. HASTINGS, Mr. HIMES, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. KEATING, Mr. KILDEE, Mr. LANGEVIN, Mr. LARSEN of Washington, Ms. LEE, Mrs. LOWEY, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Ms. MOORE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, Mr. PAS- CRELL, Mr. PETERS, Ms. PINGREE, Mr. POCAN, Mr. QUIGLEY, Ms. ROSEN, Mr. RUSH, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SERRANO, Ms. SINEMA, Ms. SLAUGHTER, Ms. SPEIER, Mr. SWALWELL of California, Mr. TAKANO, Ms. TSONGAS, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. BROWNLEY of Cali- fornia, Mr. HIGGINS of New York, Ms. ESHOO, Mr. MCGOVERN, and Mr. SCHRADER) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce A BILL To prohibit, as an unfair or deceptive act or practice, com- mercial sexual orientation conversion therapy, and for other purposes. VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 2 •HR 2119 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Therapeutic Fraud 4 Prevention Act of 2017’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Being lesbian, gay, bisexual, transgender, or 8 gender nonconforming is not a disorder, disease, ill- 9 ness, deficiency, or shortcoming. 10 (2) The national community of professionals in 11 education, social work, health, mental health, and 12 counseling has determined that there is no scientif- 13 ically valid evidence that supports the practice of at- 14 tempting to prevent a person from being lesbian, 15 gay, bisexual, transgender, or gender nonconforming. 16 (3) Such professionals have determined that 17 there is no evidence that conversion therapy is effec- 18 tive or that an individual’s sexual orientation or gen- 19 der identity can be changed by conversion therapy. 20 (4) Such professionals have also determined 21 that the potential risks of conversion therapy are not 22 only that it is ineffective, but also that it is substan- 23 tially dangerous to an individual’s mental and phys- 24 ical health, and has been shown to contribute to de- 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 3 •HR 2119 IH pression, self-harm, low self-esteem, family rejection, 1 and suicide. 2 (5) It is in the interest of the Nation to prevent 3 lesbian, gay, bisexual, transgender, and gender non- 4 conforming people and their families from being de- 5 frauded by persons seeking to profit by offering this 6 harmful and wholly ineffective therapy. 7 SEC. 3. DEFINITIONS. 8 In this Act: 9 (1) CONVERSION THERAPY.—The term ‘‘conver- 10 sion therapy’’— 11 (A) means any practice or treatment by 12 any person that seeks to change another indi- 13 vidual’s sexual orientation or gender identity, 14 including efforts to change behaviors or gender 15 expressions, or to eliminate or reduce sexual or 16 romantic attractions or feelings toward individ- 17 uals of the same gender, if such person receives 18 monetary compensation in exchange for such 19 practices or treatments; and 20 (B) does not include any practice or treat- 21 ment, which does not seek to change sexual ori- 22 entation or gender identity, that— 23 (i) provides assistance to an individual 24 undergoing a gender transition; or 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 4 •HR 2119 IH (ii) provides acceptance, support, and 1 understanding of a client or facilitation of 2 a client’s coping, social support, and iden- 3 tity exploration and development, including 4 sexual orientation-neutral interventions to 5 prevent or address unlawful conduct or un- 6 safe sexual practices. 7 (2) GENDER IDENTITY.—The term ‘‘gender 8 identity’’ means the gender-related identity, appear- 9 ance, mannerisms, or other gender-related character- 10 istics of an individual, regardless of the individual’s 11 designated sex at birth. 12 (3) PERSON.—The term ‘‘person’’ means any 13 individual, partnership, corporation, cooperative, as- 14 sociation, or any other entity. 15 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 16 orientation’’ means homosexuality, heterosexuality, 17 or bisexuality. 18 SEC. 4. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RE- 19 LATED TO CONVERSION THERAPY. 20 (a) UNLAWFUL CONDUCT.—It shall be unlawful for 21 any person— 22 (1) to provide conversion therapy to any indi- 23 vidual if such person receives monetary compensa- 24 tion in exchange for such services; 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 5 •HR 2119 IH (2) to advertise for the provision of conversion 1 therapy and claim in such advertising— 2 (A) to change another individual’s sexual 3 orientation or gender identity; 4 (B) to eliminate or reduce sexual or ro- 5 mantic attractions or feelings toward individ- 6 uals of the same gender; or 7 (C) that such efforts are harmless or with- 8 out risk to individuals receiving such therapy; 9 or 10 (3) to assist or facilitate the provision of con- 11 version therapy to an individual if such person re- 12 ceives monetary compensation, from any source, in 13 connection with providing conversion therapy. 14 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 15 SION.— 16 (1) VIOLATION OF RULE.—A violation of sub- 17 section (a) shall be treated as a violation of a rule 18 defining an unfair or deceptive act or practice pre- 19 scribed under section 18(a)(1)(B) of the Federal 20 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 21 (2) POWERS OF COMMISSION.— 22 (A) IN GENERAL.—The Federal Trade 23 Commission shall enforce this section in the 24 same manner, by the same means, and with the 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 6 •HR 2119 IH same jurisdiction, powers, and duties as though 1 all applicable terms and provisions of the Fed- 2 eral Trade Commission Act (15 U.S.C. 41 et 3 seq.) were incorporated into and made a part of 4 this Act. 5 (B) PRIVILEGES AND IMMUNITIES.—Any 6 person who violates subsection (a) shall be sub- 7 ject to the penalties, and entitled to the privi- 8 leges and immunities, provided in the Federal 9 Trade Commission Act (15 U.S.C. 41 et seq.). 10 (3) REGULATIONS.—The Federal Trade Com- 11 mission may promulgate, in accordance with section 12 553 of title 5, United States Code, such regulations 13 as the Commission considers appropriate to carry 14 out this section. 15 (c) ENFORCEMENT BY STATES.— 16 (1) IN GENERAL.—If the attorney general of a 17 State has reason to believe that an interest of the 18 residents of the State has been or is being threat- 19 ened or adversely affected by a practice that violates 20 subsection (a), the attorney general of the State 21 may, as parens patriae, bring a civil action on behalf 22 of the residents of the State in an appropriate dis- 23 trict court of the United States to obtain appro- 24 priate relief. 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 7 •HR 2119 IH (2) RIGHTS OF FEDERAL TRADE COMMIS- 1 SION.— 2 (A) NOTICE TO FEDERAL TRADE COMMIS- 3 SION.— 4 (i) IN GENERAL.—Except as provided 5 in clause (iii), the attorney general of a 6 State, before initiating a civil action under 7 paragraph (1), shall provide written notifi- 8 cation to the Federal Trade Commission 9 that the attorney general intends to bring 10 such civil action. 11 (ii) CONTENTS.—The notification re- 12 quired under clause (i) shall include a copy 13 of the complaint to be filed to initiate the 14 civil action. 15 (iii) EXCEPTION.—If it is not feasible 16 for the attorney general of a State to pro- 17 vide the notification required under clause 18 (i) before initiating a civil action under 19 paragraph (1), the attorney general shall 20 notify the Commission immediately upon 21 instituting the civil action. 22 (B) INTERVENTION BY FEDERAL TRADE 23 COMMISSION.—The Commission may— 24 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 8 •HR 2119 IH (i) intervene in any civil action 1 brought by the attorney general of a State 2 under paragraph (1); and 3 (ii) upon intervening— 4 (I) be heard on all matters aris- 5 ing in the civil action; and 6 (II) file petitions for appeal of a 7 decision in the civil action. 8 (3) INVESTIGATORY POWERS.—Nothing in this 9 subsection may be construed to prevent the attorney 10 general of a State from exercising the powers con- 11 ferred on the attorney general by the laws of the 12 State to conduct investigations, to administer oaths 13 or affirmations, or to compel the attendance of wit- 14 nesses or the production of documentary or other 15 evidence. 16 (4) PREEMPTIVE ACTION BY FEDERAL TRADE 17 COMMISSION.—If the Federal Trade Commission in- 18 stitutes a civil action or an administrative action 19 with respect to a violation of subsection (a), the at- 20 torney general of a State may not, during the pend- 21 ency of such action, bring a civil action under para- 22 graph (1) against any defendant named in the com- 23 plaint of the Commission for the violation with re- 24 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 9 •HR 2119 IH spect to which the Commission instituted such ac- 1 tion. 2 (5) VENUE; SERVICE OF PROCESS.— 3 (A) VENUE.—Any action brought under 4 paragraph (1) may be brought in— 5 (i) the district court of the United 6 States that meets applicable requirements 7 relating to venue under section 1391 of 8 title 28, United States Code; or 9 (ii) another court of competent juris- 10 diction. 11 (B) SERVICE OF PROCESS.—In an action 12 brought under paragraph (1), process may be 13 served in any district in which— 14 (i) the defendant is an inhabitant, 15 may be found, or transacts business; or 16 (ii) venue is proper under section 17 1391 of title 28, United States Code. 18 (6) ACTIONS BY OTHER STATE OFFICIALS.— 19 (A) IN GENERAL.—In addition to a civil 20 action brought by an attorney general under 21 paragraph (1), any other officer of a State who 22 is authorized by the State to do so may bring 23 a civil action under paragraph (1), subject to 24 the same requirements and limitations that 25 VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS 10 •HR 2119 IH apply under this subsection to civil actions 1 brought by attorneys general. 2 (B) SAVINGS PROVISION.—Nothing in this 3 subsection may be construed to prohibit an au- 4 thorized official of a State from initiating or 5 continuing any proceeding in a court of the 6 State for a violation of any civil or criminal law 7 of the State. 8 SEC. 5. SEVERABILITY. 9 If any provision of this Act, or the application of such 10 provision to any person or circumstance, is held to be un- 11 constitutional, the remainder of this Act, and its applica- 12 tion to any person or circumstance shall not be affected 13 thereby. 14 Æ VerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2119.IH H2119 SSpencer on DSK4SPTVN1PROD with BILLS