Text of US HB 3243 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 3243 To prohibit commercial sexual orientation conversion therapy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 7, 2025 Mr. LIEU (for himself, Mr. NADLER, Mr. LYNCH, Ms. SA´NCHEZ, Ms. TLAIB, Ms. SCHAKOWSKY, Mr. NEAL, Ms. MOORE of Wisconsin, Mr. LANDSMAN, Mr. MCGARVEY, Ms. ANSARI, Mr. DAVID SCOTT of Georgia, Mr. GARAMENDI, Mr. PETERS, Mr. KRISHNAMOORTHI, Mr. STANTON, Mrs. DINGELL, Mr. CORREA, Ms. DELAURO, Ms. BONAMICI, Ms. STRICK- LAND, Ms. SALINAS, Mr. FOSTER, Mr. HORSFORD, Ms. DELBENE, Ms. WILLIAMS of Georgia, Mr. MOSKOWITZ, Ms. DAVIDS of Kansas, Ms. ROSS, Ms. VELA´ZQUEZ, Mr. TAKANO, Mr. CARSON, Mr. QUIGLEY, Ms. NORTON, Ms. CROCKETT, Mr. CASTEN, Mrs. RAMIREZ, Ms. GARCIA of Texas, Mr. LATIMER, Mr. DELUZIO, Ms. SHERRILL, Ms. OMAR, Ms. JOHNSON of Texas, Mr. MAGAZINER, Ms. SIMON, Mrs. HAYES, Mr. JOHNSON of Georgia, Ms. DEGETTE, Mrs. BEATTY, Mr. SCHNEIDER, Mr. FROST, Mr. POCAN, Ms. SCHOLTEN, Mr. THANEDAR, Mr. SHERMAN, Mr. IVEY, Mr. HUFFMAN, Ms. MATSUI, Mr. VARGAS, Ms. SEWELL, Ms. BALINT, Ms. BROWNLEY, Mr. KHANNA, Mrs. SYKES, Mr. COSTA, Mr. RYAN, Mr. KENNEDY of New York, Ms. TITUS, Mr. MULLIN, Ms. PRESSLEY, and Ms. LEE of Pennsylvania) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 3243 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Therapeutic Fraud 2 Prevention Act of 2025’’. 3 SEC. 2. FINDINGS. 4 Congress makes the following findings: 5 (1) Being lesbian, gay, bisexual, transgender, or 6 gender nonconforming is not a disorder, disease, ill- 7 ness, deficiency, or shortcoming. 8 (2) The national community of professionals in 9 education, social work, health, mental health, and 10 counseling has determined that there is no scientif- 11 ically valid evidence that supports the practice of at- 12 tempting to prevent a person from being lesbian, 13 gay, bisexual, transgender, or gender nonconforming. 14 (3) Such professionals have determined that 15 there is no evidence that conversion therapy is effec- 16 tive or that an individual’s sexual orientation or gen- 17 der identity can be changed by conversion therapy. 18 (4) Such professionals have also determined 19 that the potential risks of conversion therapy are not 20 only that it is ineffective, but also that it is substan- 21 tially dangerous to an individual’s mental and phys- 22 ical health, and has been shown to contribute to de- 23 pression, self-harm, low self-esteem, family rejection, 24 and suicide. 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 3243 IH (5) It is in the interest of the Nation to prevent 1 lesbian, gay, bisexual, transgender, and gender non- 2 conforming people and their families from being de- 3 frauded by persons seeking to profit by offering this 4 harmful and wholly ineffective therapy. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) CONVERSION THERAPY.—The term ‘‘conver- 8 sion therapy’’— 9 (A) means any practice or treatment by 10 any person that seeks to change another indi- 11 vidual’s sexual orientation or gender identity, 12 including efforts to change behaviors or gender 13 expressions, or to eliminate or reduce sexual or 14 romantic attractions or feelings toward individ- 15 uals of the same gender, if such person— 16 (i) receives monetary compensation in 17 exchange for such practice or treatment; or 18 (ii) instead of, or in addition to, re- 19 ceiving monetary compensation in ex- 20 change for such practice or treatment di- 21 rectly, receives monetary compensation in 22 exchange for a product or service that is 23 integral to the provision of such practice or 24 treatment by such person, unless such 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 3243 IH product or service is protected by the First 1 Amendment to the Constitution; and 2 (B) does not include any practice or treat- 3 ment, which does not seek to change sexual ori- 4 entation or gender identity, that— 5 (i) provides assistance to an individual 6 undergoing a gender transition; or 7 (ii) provides acceptance, support, and 8 understanding of a client or facilitation of 9 a client’s coping, social support, and iden- 10 tity exploration and development, including 11 sexual orientation-neutral interventions to 12 prevent or address unlawful conduct or un- 13 safe sexual practices. 14 (2) GENDER IDENTITY.—The term ‘‘gender 15 identity’’ means the gender-related identity, appear- 16 ance, mannerisms, or other gender-related character- 17 istics of an individual, regardless of the individual’s 18 designated sex at birth. 19 (3) PERSON.—The term ‘‘person’’ means any 20 individual, partnership, corporation, cooperative, as- 21 sociation, or any other entity. 22 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 23 orientation’’ means homosexuality, heterosexuality, 24 or bisexuality. 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 3243 IH SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION 1 THERAPY. 2 (a) IN GENERAL.—It shall be unlawful for any per- 3 son— 4 (1) to provide conversion therapy to any indi- 5 vidual; 6 (2) to advertise for the provision of conversion 7 therapy and claim in such advertising— 8 (A) to change another individual’s sexual 9 orientation or gender identity; 10 (B) to eliminate or reduce sexual or ro- 11 mantic attractions or feelings toward individ- 12 uals of the same gender; or 13 (C) that such efforts are harmless or with- 14 out risk to individuals receiving such therapy; 15 or 16 (3) to knowingly assist or facilitate the provi- 17 sion of conversion therapy to an individual if such 18 person receives compensation from any source in 19 connection with providing conversion therapy. 20 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 21 SION.— 22 (1) VIOLATION OF RULE.—A violation of sub- 23 section (a) shall be treated as a violation of a rule 24 defining an unfair or deceptive act or practice pre- 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 3243 IH scribed under section 18(a)(1)(B) of the Federal 1 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 2 (2) POWERS OF COMMISSION.— 3 (A) IN GENERAL.—The Federal Trade 4 Commission shall enforce this section in the 5 same manner, by the same means, and with the 6 same jurisdiction, powers, and duties as though 7 all applicable terms and provisions of the Fed- 8 eral Trade Commission Act (15 U.S.C. 41 et 9 seq.) were incorporated into and made a part of 10 this Act. 11 (B) PRIVILEGES AND IMMUNITIES.—Any 12 person who violates subsection (a) shall be sub- 13 ject to the penalties, and entitled to the privi- 14 leges and immunities, provided in the Federal 15 Trade Commission Act (15 U.S.C. 41 et seq.). 16 Nothing in this paragraph shall be construed to 17 limit the authority of the Federal Trade Com- 18 mission under any other provision of law. 19 (3) REGULATIONS.—The Federal Trade Com- 20 mission may promulgate, in accordance with section 21 553 of title 5, United States Code, such regulations 22 as the Commission considers appropriate to carry 23 out this section. 24 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 3243 IH (c) ENFORCEMENT BY ATTORNEY GENERAL.—The 1 Attorney General may bring a civil action in the courts 2 of the United States against a person who engages in a 3 violation of subsection (a), for appropriate relief. 4 (d) ENFORCEMENT BY STATES.— 5 (1) IN GENERAL.—If the attorney general of a 6 State has reason to believe that an interest of the 7 residents of the State has been or is being threat- 8 ened or adversely affected by a practice that violates 9 subsection (a), the attorney general of the State 10 may, as parens patriae, bring a civil action on behalf 11 of the residents of the State in an appropriate dis- 12 trict court of the United States to obtain appro- 13 priate relief. 14 (2) RIGHTS OF FEDERAL TRADE COMMIS- 15 SION.— 16 (A) NOTICE TO FEDERAL TRADE COMMIS- 17 SION.— 18 (i) IN GENERAL.—Except as provided 19 in clause (iii), the attorney general of a 20 State, before initiating a civil action under 21 paragraph (1), shall provide written notifi- 22 cation to the Federal Trade Commission 23 that the attorney general intends to bring 24 such civil action. 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 3243 IH (ii) CONTENTS.—The notification re- 1 quired under clause (i) shall include a copy 2 of the complaint to be filed to initiate the 3 civil action. 4 (iii) EXCEPTION.—If it is not feasible 5 for the attorney general of a State to pro- 6 vide the notification required under clause 7 (i) before initiating a civil action under 8 paragraph (1), the attorney general shall 9 notify the Commission immediately upon 10 instituting the civil action. 11 (B) INTERVENTION BY FEDERAL TRADE 12 COMMISSION.—The Commission may— 13 (i) intervene in any civil action 14 brought by the attorney general of a State 15 under paragraph (1); and 16 (ii) upon intervening— 17 (I) be heard on all matters aris- 18 ing in the civil action; and 19 (II) file petitions for appeal of a 20 decision in the civil action. 21 (3) INVESTIGATORY POWERS.—Nothing in this 22 subsection may be construed to prevent the attorney 23 general of a State from exercising the powers con- 24 ferred on the attorney general by the laws of the 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 3243 IH State to conduct investigations, to administer oaths 1 or affirmations, or to compel the attendance of wit- 2 nesses or the production of documentary or other 3 evidence. 4 (4) PREEMPTIVE ACTION BY FEDERAL TRADE 5 COMMISSION.—If the Federal Trade Commission in- 6 stitutes a civil action or an administrative action 7 with respect to a violation of subsection (a), the at- 8 torney general of a State may not, during the pend- 9 ency of such action, bring a civil action under para- 10 graph (1) against any defendant named in the com- 11 plaint of the Commission for the violation with re- 12 spect to which the Commission instituted such ac- 13 tion. 14 (5) VENUE; SERVICE OF PROCESS.— 15 (A) VENUE.—Any action brought under 16 paragraph (1) may be brought in— 17 (i) the district court of the United 18 States that meets applicable requirements 19 relating to venue under section 1391 of 20 title 28, United States Code; or 21 (ii) another court of competent juris- 22 diction. 23 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 3243 IH (B) SERVICE OF PROCESS.—In an action 1 brought under paragraph (1), process may be 2 served in any district in which— 3 (i) the defendant is an inhabitant, 4 may be found, or transacts business; or 5 (ii) venue is proper under section 6 1391 of title 28, United States Code. 7 (6) ACTIONS BY OTHER STATE OFFICIALS.— 8 (A) IN GENERAL.—In addition to a civil 9 action brought by an attorney general under 10 paragraph (1), any other officer of a State who 11 is authorized by the State to do so may bring 12 a civil action under paragraph (1), subject to 13 the same requirements and limitations that 14 apply under this subsection to civil actions 15 brought by attorneys general. 16 (B) SAVINGS PROVISION.—Nothing in this 17 subsection may be construed to prohibit an au- 18 thorized official of a State from initiating or 19 continuing any proceeding in a court of the 20 State for a violation of any civil or criminal law 21 of the State. 22 SEC. 5. SEVERABILITY. 23 If any provision of this Act, or the application of such 24 provision to any person or circumstance, is held to be un- 25 VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 3243 IH constitutional, the remainder of this Act, and its applica- 1 tion to any person or circumstance shall not be affected 2 thereby. 3 Æ VerDate Sep 11 2014 23:49 May 13, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3243.IH H3243 ssavage on LAPJG3WLY3PROD with BILLS