Text of US HB 4618 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 4618 To establish a Federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children. IN THE HOUSE OF REPRESENTATIVES JULY 22, 2025 Mr. STEUBE (for himself and Mrs. MILLER of Illinois) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Workforce, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To establish a Federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children. 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 ‘‘Jamie Reed Protecting 4 Our Kids from Child Abuse Act’’. 5 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 4618 IH SEC. 2. FEDERAL TORT FOR HARM TO CHILDREN CAUSED 1 BY GENDER-TRANSITION PROCEDURES. 2 (a) DEFINITIONS.—In this section: 3 (1) GENDER TRANSITION PROCEDURE.— 4 (A) IN GENERAL.—Except as provided in 5 subparagraph (B), the term ‘‘gender-transition 6 procedure’’ means— 7 (i) the prescription or administration 8 of gonadotropin-releasing hormone agonists 9 or any other puberty-blocking drugs for 10 the purpose of changing the body of an in- 11 dividual so that it conforms to the subjec- 12 tive sense of identity of the individual, in 13 the case such identity is at odds with the 14 individual’s biological sex of male or fe- 15 male; 16 (ii) the prescription or administration 17 of testosterone (when prescribed to a fe- 18 male) or estrogen (when prescribed to a 19 male) for the purpose of changing the body 20 of an individual so that it conforms to the 21 subjective sense of identity of the indi- 22 vidual, in the case such identity is at odds 23 with the individual’s biological sex of male 24 or female; or 25 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 4618 IH (iii) a surgery to change the body of 1 an individual so that it conforms to the 2 subjective sense of identity of the indi- 3 vidual, in the case such identity is at odds 4 with the individual’s biological sex of male 5 or female. 6 (B) EXCEPTION.—The term ‘‘gender-tran- 7 sition procedure’’ does not include— 8 (i) an intervention described in sub- 9 paragraph (A) that is performed on— 10 (I) an individual with biological 11 sex characteristics that are inherently 12 ambiguous, such as those born with 13 46 XX chromosomes with virilization, 14 46 XY chromosomes with 15 undervirilization, or having both ovar- 16 ian and testicular tissue; or 17 (II) an individual with respect to 18 whom a physician has determined 19 through genetic or biochemical testing 20 that the individual does not have nor- 21 mal sex chromosome structure, sex 22 steroid hormone production, or sex 23 steroid hormone action, for a biologi- 24 cal male or biological female; 25 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 4618 IH (ii) the treatment of any infection, in- 1 jury, disease, or disorder that has been 2 caused or exacerbated by the performance 3 of an intervention described in subpara- 4 graph (A) without regard to whether the 5 intervention was performed in accordance 6 with State or Federal law or whether the 7 intervention is covered by the private right 8 of action under subsection (c); or 9 (iii) any procedure undertaken be- 10 cause the individual suffers from a physical 11 disorder, physical injury, or physical illness 12 that would, as certified by a physician, 13 place the individual in imminent danger of 14 death or impairment of major bodily func- 15 tion unless the procedure is performed. 16 (2) HOSPITAL.—The term ‘‘hospital’’ has the 17 meaning given such term in section 1861(e) of the 18 Social Security Act (42 U.S.C. 1395x(e)). 19 (3) INSTITUTION OF HIGHER EDUCATION.—The 20 term ‘‘institution of higher education’’ has the 21 meaning given such term in section 101 of the High- 22 er Education Act of 1965 (20 U.S.C. 1001). 23 (4) MEDICAL PRACTITIONER.—The term ‘‘med- 24 ical practitioner’’ means a person who is licensed, 25 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 4618 IH certified, or otherwise authorized by the laws of a 1 State to administer health care in the ordinary 2 course of the practice of the person’s profession. 3 (5) MINOR.—The term ‘‘minor’’ means an indi- 4 vidual who has not yet reached 18 years of age. 5 (6) PEDIATRIC GENDER CLINIC.—The term 6 ‘‘pediatric gender clinic’’ means a medical facility 7 that specializes in the diagnosis or treatment of gen- 8 der discordance and gender dysphoria in minors, in- 9 cluding medical interventions such as therapeutic di- 10 agnosis of gender dysphoria and performance of (or 11 referral for) gender-transition procedures on minors. 12 (b) LIABILITY.—The following individuals and enti- 13 ties shall be liable in accordance with this section to any 14 individual who suffers bodily injury or harm to mental 15 health (including any physical, psychological, emotional, or 16 physiological harm) that is attributable, in whole or in 17 part, to a gender-transition procedure performed on the 18 individual when the individual was a minor: 19 (1) A pediatric gender clinic where the gender- 20 transition procedure was provided. 21 (2) Any medical practitioner who administered 22 health care, at the time of the particular procedure, 23 at the pediatric gender clinic where the gender-tran- 24 sition procedure was provided. 25 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 4618 IH (3) An institution of higher education that 1 hosts, operates, partners with, provides funding to, 2 or is otherwise affiliated with the pediatric gender 3 clinic where the gender-transition procedure was 4 provided. 5 (4) A hospital that hosts, operates, partners 6 with, provides funding to, or is otherwise affiliated 7 with the pediatric gender clinic where the gender- 8 transition procedure was provided. 9 (5) Any medical practitioner who performed the 10 gender-transition procedure on the individual. 11 (c) PRIVATE RIGHT OF ACTION.—An individual who 12 suffers bodily injury or harm to mental health that is at- 13 tributable, in whole or in part, to a gender-transition pro- 14 cedure provided to the individual when the individual was 15 a minor may, not later than 30 years after the date on 16 which the individual turns 18 years of age, bring a civil 17 action against an individual or entity described in sub- 18 section (b), in an appropriate district court of the United 19 States or a State court of competent jurisdiction for— 20 (1) compensatory damages; 21 (2) punitive damages; and 22 (3) attorney’s fees and costs. 23 (d) AFFIRMATIVE DEFENSE.—It shall be an affirma- 24 tive defense to an action brought by or on behalf of an 25 VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 4618 IH individual upon whom a gender-transition procedure was 1 performed under subsection (c) that the pediatric gender 2 clinic or medical practitioner who performed the gender- 3 transition procedure on the individual, at all relevant 4 times, did not know and had no reason to know that the 5 individual in question was a minor. 6 SEC. 3. PROHIBITION ON FUNDING. 7 No Federal funds may be made available— 8 (1) to a pediatric gender clinic; 9 (2) to an institution of higher education or hos- 10 pital that hosts, operates, partners with, provides 11 funding to, or is otherwise affiliated with, a pediatric 12 gender clinic; or 13 (3) for any gender-transition procedure per- 14 formed on a minor. 15 SEC. 4. EFFECTIVE DATE AND RETROACTIVE APPLICATION. 16 This Act shall— 17 (1) take effect on the date of enactment of this 18 Act; and 19 (2) apply to any gender-transition procedure 20 that took place before, on, or after the effective date 21 under paragraph (1). 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 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 4618 IH constitutional, the remainder of this Act, and the applica- 1 tion of the remaining provisions of this Act, to any person 2 or circumstance, shall not be affected. 3 Æ VerDate Sep 11 2014 23:44 Jul 29, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H4618.IH H4618 kjohnson on DSK7ZCZBW3PROD with $$_JOB