Text of US HB 4146 (2021)

I 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. YAR- MUTH, Mrs. NAPOLITANO, Ms. NORTON, Ms. CHU, Mrs. WATSON COLE- MAN, Mr. TORRES of New York, Mr. POCAN, Mrs. AXNE, Mr. NADLER, Mr. CICILLINE, Mr. TAKANO, Ms. CLARK of Massachusetts, Mr. DEFA- ZIO, 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. KIRK- PATRICK, 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. SCHNEI- DER, Mrs. FLETCHER, Mr. KILDEE, Mr. SEAN PATRICK MALONEY of New York, and Ms. TLAIB) introduced the following bill; which was re- ferred to the Committee on Energy and Commerce A BILL To prohibit commercial sexual orientation conversion therapy, and for other purposes. VerDate Sep 11 2014 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4146 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 2021’’. 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4146 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— 18 (i) receives monetary compensation in 19 exchange for such practice or treatment; or 20 (ii) instead of, or in addition to, re- 21 ceiving monetary compensation in ex- 22 change for such practice or treatment di- 23 rectly, receives monetary compensation in 24 exchange for a product or service that is 25 VerDate Sep 11 2014 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4146 IH integral to the provision of such practice or 1 treatment by such person, unless such 2 product or service is protected by the First 3 Amendment to the Constitution; and 4 (B) does not include any practice or treat- 5 ment, which does not seek to change sexual ori- 6 entation or gender identity, that— 7 (i) provides assistance to an individual 8 undergoing a gender transition; or 9 (ii) provides acceptance, support, and 10 understanding of a client or facilitation of 11 a client’s coping, social support, and iden- 12 tity exploration and development, including 13 sexual orientation-neutral interventions to 14 prevent or address unlawful conduct or un- 15 safe sexual practices. 16 (2) GENDER IDENTITY.—The term ‘‘gender 17 identity’’ means the gender-related identity, appear- 18 ance, mannerisms, or other gender-related character- 19 istics of an individual, regardless of the individual’s 20 designated sex at birth. 21 (3) PERSON.—The term ‘‘person’’ means any 22 individual, partnership, corporation, cooperative, as- 23 sociation, or any other entity. 24 VerDate Sep 11 2014 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4146 IH (4) SEXUAL ORIENTATION.—The term ‘‘sexual 1 orientation’’ means homosexuality, heterosexuality, 2 or bisexuality. 3 SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION 4 THERAPY. 5 (a) IN GENERAL.—It shall be unlawful for any per- 6 son— 7 (1) to provide conversion therapy to any indi- 8 vidual; 9 (2) to advertise for the provision of conversion 10 therapy and claim in such advertising— 11 (A) to change another individual’s sexual 12 orientation or gender identity; 13 (B) to eliminate or reduce sexual or ro- 14 mantic attractions or feelings toward individ- 15 uals of the same gender; or 16 (C) that such efforts are harmless or with- 17 out risk to individuals receiving such therapy; 18 or 19 (3) to knowingly assist or facilitate the provi- 20 sion of conversion therapy to an individual if such 21 person receives compensation from any source in 22 connection with providing conversion therapy. 23 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 24 SION.— 25 VerDate Sep 11 2014 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4146 IH (1) VIOLATION OF RULE.—A violation of sub- 1 section (a) shall be treated as a violation of a rule 2 defining an unfair or deceptive act or practice pre- 3 scribed under section 18(a)(1)(B) of the Federal 4 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 5 (2) POWERS OF COMMISSION.— 6 (A) IN GENERAL.—The Federal Trade 7 Commission shall enforce this section in the 8 same manner, by the same means, and with the 9 same jurisdiction, powers, and duties as though 10 all applicable terms and provisions of the Fed- 11 eral Trade Commission Act (15 U.S.C. 41 et 12 seq.) were incorporated into and made a part of 13 this Act. 14 (B) PRIVILEGES AND IMMUNITIES.—Any 15 person who violates subsection (a) shall be sub- 16 ject to the penalties, and entitled to the privi- 17 leges and immunities, provided in the Federal 18 Trade Commission Act (15 U.S.C. 41 et seq.). 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4146 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4146 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4146 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4146 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4146 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 03:45 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H4146.IH H4146 kjohnson on DSK79L0C42PROD with BILLS