Text of US HB 9507 (2022)

I 117TH CONGRESS 2D SESSION H. R. 9507 To amend the Child Abuse Prevention and Treatment Act to prevent State child protective services systems from removing a child from the custody of the child’s parent or legal guardian due to the parent’s or legal guardian’s reluctance or refusal to consent to the child receiving a gen- der-transition intervention, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 13, 2022 Ms. FOXX introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Child Abuse Prevention and Treatment Act to prevent State child protective services systems from removing a child from the custody of the child’s parent or legal guardian due to the parent’s or legal guardian’s reluctance or refusal to consent to the child receiving a gender-transition intervention, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parental Right to Pro- 4 tect Act’’. 5 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 9507 IH SEC. 2. GENERAL DEFINITIONS. 1 Section 3 of the Child Abuse Prevention and Treat- 2 ment Act (42 U.S.C. 5101 note) is amended— 3 (1) in the matter preceding paragraph (1), by 4 striking ‘‘Act—’’ and inserting ‘‘Act:’’; 5 (2) in paragraph (1)— 6 (A) by striking ‘‘the term’’ and inserting 7 ‘‘CHILD.—The term’’; 8 (B) in subparagraph (B), by inserting ‘‘or 9 as provided in section 115’’ after ‘‘abuse’’; and 10 (C) by striking the semicolon at the end 11 and inserting a period; 12 (3) in paragraph (2)— 13 (A) by striking ‘‘the term’’ and inserting 14 ‘‘CHILD ABUSE AND NEGLECT.—The term’’; 15 and 16 (B) by striking the semicolon at the end 17 and inserting a period; 18 (4) in paragraph (3)— 19 (A) by striking ‘‘the term’’ and inserting 20 ‘‘CHILD WITH A DISABILITY.—The term’’; and 21 (B) by striking the semicolon at the end 22 and inserting a period; 23 (5) in paragraph (4)— 24 (A) by striking ‘‘the term’’ and inserting 25 ‘‘GOVERNOR.—The term’’; and 26 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 9507 IH (B) by striking the semicolon at the end 1 and inserting a period; 2 (6) in paragraph (5)— 3 (A) by striking ‘‘the terms’’ and inserting 4 ‘‘INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- 5 TION.—The terms’’; and 6 (B) by striking the semicolon at the end 7 and inserting a period; 8 (7) in paragraph (6)— 9 (A) by striking ‘‘the term’’ and inserting 10 ‘‘SECRETARY.—The term’’; and 11 (B) by striking the semicolon at the end 12 and inserting a period; 13 (8) in paragraph (7)— 14 (A) by striking ‘‘except as provided in sec- 15 tion 106(f), the term’’ and inserting ‘‘STATE.— 16 Except as provided in section 106(f), the term’’; 17 and 18 (B) by striking ‘‘; and’’ and inserting a pe- 19 riod; 20 (9) in paragraph (8), by striking ‘‘the term’’ 21 and inserting ‘‘UNACCOMPANIED HOMELESS 22 YOUTH.—The term’’; 23 (10) by adding at the end the following: 24 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 9507 IH ‘‘(9) BIOLOGICAL SEX.—The term ‘biological 1 sex’ means the genetic classification of an individual 2 as male or female, as reflected in the organization 3 of the body of such individual for a reproductive role 4 or capacity, such as through sex chromosomes, natu- 5 rally occurring sex hormones, and internal and ex- 6 ternal genitalia present at birth, without regard to 7 the subjective sense of identity of the individual. 8 ‘‘(10) GENDER-TRANSITION INTERVENTION.— 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), the term ‘gender-transition 11 intervention’ means— 12 ‘‘(i) the changing of an individual’s 13 social presentation (including pronouns, 14 first name, hairstyle, or clothing) to con- 15 form to the subjective sense of identity of 16 the individual, which is incongruent with 17 the biological sex of the individual; 18 ‘‘(ii) the prescription or administra- 19 tion of GnRH agonists or other puberty- 20 blocking drugs to stop or delay normal pu- 21 berty in order to prevent bodily changes 22 that do not conform to the subjective sense 23 of identity of the individual, which is in- 24 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 9507 IH congruent with the biological sex of the in- 1 dividual; 2 ‘‘(iii) the prescription or administra- 3 tion of medications for the purpose of 4 changing the body of an individual so that 5 the individual’s body conforms to the sub- 6 jective sense of identity of the individual, 7 which is incongruent with the biological sex 8 of the individual, including prescribing or 9 administering— 10 ‘‘(I) testosterone or other 11 androgens to biological females at 12 doses that are supraphysiologic to the 13 female sex; or 14 ‘‘(II) estrogen to biological males 15 at doses that are supraphysiologic to 16 the male sex; 17 ‘‘(iv) performing a surgery that steri- 18 lizes an individual (including castration, 19 vasectomy, hysterectomy, oophorectomy, 20 metoidioplasty, penectomy, phalloplasty, 21 and vaginoplasty) for the purpose of 22 changing the body of the individual so that 23 the individual’s body conforms to the sub- 24 jective sense of identity of the individual, 25 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 9507 IH which is incongruent with the biological sex 1 of the individual; or 2 ‘‘(v) performing a mastectomy on an 3 individual for the purpose of changing the 4 body of the individual so that the individ- 5 ual’s body conforms to the subjective sense 6 of identity of the individual, which is in- 7 congruent with the biological sex of the in- 8 dividual. 9 ‘‘(B) EXCEPTION.—The term ‘gender-tran- 10 sition intervention’ does not include— 11 ‘‘(i) an intervention described in sub- 12 paragraph (A) that is performed on— 13 ‘‘(I) an individual with biological 14 sex characteristics that are inherently 15 ambiguous, such as those born with 16 46 XX chromosomes with virilization, 17 46 XY chromosomes with 18 undervirilization, or having both ovar- 19 ian and testicular tissue; or 20 ‘‘(II) an individual with respect 21 to whom a physician has determined 22 through genetic or biochemical testing 23 that the individual does not have nor- 24 mal sex chromosome structure, sex 25 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 9507 IH steroid hormone production, or sex 1 steroid hormone action, for a biologi- 2 cal male or biological female; 3 ‘‘(ii) the treatment of any infection, 4 injury, disease, or disorder that has been 5 caused or exacerbated by the performance 6 of an intervention described in subpara- 7 graph (A); or 8 ‘‘(iii) any procedure undertaken be- 9 cause the individual suffers from a physical 10 disorder, physical injury, or physical illness 11 that would, as certified by a physician, 12 place the individual in imminent danger of 13 death or impairment of major bodily func- 14 tion unless the procedure is performed.’’; 15 and 16 (11) by reordering paragraphs (1) through (8) 17 (as amended by paragraphs (2) through (9) of this 18 section), and the paragraphs added by paragraph 19 (10) of this section in alphabetical order, and re- 20 numbering such paragraphs as so reordered. 21 SEC. 3. FUNDING PROHIBITION. 22 (a) IN GENERAL.—Title I of the Child Abuse Preven- 23 tion and Treatment Act (42 U.S.C. 5101 et seq.) is 24 amended by adding at the end the following: 25 VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 9507 IH ‘‘SEC. 115. INELIGIBILITY FOR FUNDING. 1 ‘‘(a) IN GENERAL.—A State shall be ineligible to re- 2 ceive funds under this title if the laws of the State permit 3 the child protective services system of the State— 4 ‘‘(1) to remove a child from the custody of the 5 parent or legal guardian of the child due to the par- 6 ent’s or legal guardian’s reluctance or refusal to con- 7 sent to a gender-transition intervention for such 8 child; or 9 ‘‘(2) to use such reluctance or refusal as evi- 10 dence of abuse or neglect by such parent or legal 11 guardian. 12 ‘‘(b) CHILD DEFINED.—In this section, the term 13 ‘child’ means a person who has not attained the age of 14 18.’’. 15 (b) CONFORMING AMENDMENT.—The table of con- 16 tents for the Child Abuse Prevention and Treatment Act 17 (42 U.S.C. 5101 et seq.) is amended by inserting after 18 the item relating to section 114 the following: 19 ‘‘Sec. 115. Ineligibility for funding.’’. Æ VerDate Sep 11 2014 00:09 Dec 22, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H9507.IH H9507 kjohnson on DSK79L0C42PROD with BILLS