Text of US SB 778 (2021)

II 117TH CONGRESS 1ST SESSION S. 778 To amend chapter 110 of title 18, United States Code, to prohibit gender reassignment medical interventions on minors, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 16, 2021 Mr. MARSHALL (for himself, Mr. BRAUN, Mrs. BLACKBURN, and Mrs. HYDE- SMITH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 110 of title 18, United States Code, to prohibit gender reassignment medical interventions on minors, 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 ‘‘Protecting Children 4 From Experimentation Act of 2021’’. 5 SEC. 2. GENDER REASSIGNMENT MEDICAL INTERVENTIONS 6 ON MINORS PROHIBITED. 7 Chapter 110 of title 18, United States Code, is 8 amended— 9 VerDate Sep 11 2014 04:31 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S778.IS S778 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 778 IS (1) by adding at the end the following: 1 ‘‘§ 2260B. Gender reassignment medical interventions 2 on minors 3 ‘‘(a) IN GENERAL.—Whoever knowingly performs 4 any gender reassignment medical intervention on a minor 5 shall be fined under this title, imprisoned not more than 6 5 years, or both. 7 ‘‘(b) PROHIBITION ON PROSECUTION OF PERSON ON 8 WHOM INTERVENTION IS PERFORMED.—No person on 9 whom the gender reassignment medical intervention under 10 subsection (a) is performed may be arrested or prosecuted 11 for an offense under this section. 12 ‘‘(c) CIVIL ACTION.—A person on whom a gender re- 13 assignment medical intervention is performed under this 14 section may bring a civil action for appropriate relief 15 against each person who performed the gender reassign- 16 ment medical intervention. 17 ‘‘(d) DEFINITIONS.—In this section: 18 ‘‘(1) GENDER REASSIGNMENT MEDICAL INTER- 19 VENTION.— 20 ‘‘(A) IN GENERAL.—For purposes of this 21 chapter, except as provided in subparagraph 22 (B), the term ‘gender reassignment medical 23 intervention’ means— 24 VerDate Sep 11 2014 04:31 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S778.IS S778 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 778 IS ‘‘(i) performing a surgery that steri- 1 lizes an individual, including castration, 2 vasectomy, hysterectomy, oophorectomy, 3 metoidioplasty, penectomy, phalloplasty, 4 and vaginoplasty, to change the body of 5 such individual to correspond to a sex that 6 is discordant with biological sex; 7 ‘‘(ii) performing a mastectomy on an 8 individual for the purpose described in 9 clause (i); or 10 ‘‘(iii) administering or supplying to an 11 individual medications for the purpose de- 12 scribed in clause (i), including— 13 ‘‘(I) GnRH agonists or other pu- 14 berty-blocking drugs to stop or delay 15 normal puberty; 16 ‘‘(II) testosterone or other 17 androgens to biological females at 18 doses that are supraphysiologic to the 19 female sex; or 20 ‘‘(III) estrogen to biological 21 males at doses that are 22 supraphysiologic to the male sex. 23 ‘‘(B) EXCEPTION.—Subparagraph (A) 24 shall not apply to the following individuals: 25 VerDate Sep 11 2014 04:31 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S778.IS S778 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 778 IS ‘‘(i) An individual with external bio- 1 logical sex characteristics that are 2 irresolvably ambiguous, such as those born 3 with 46 XX chromosomes with virilization, 4 46 XY chromosomes with undervirilization, 5 or having both ovarian and testicular tis- 6 sue. 7 ‘‘(ii) An individual with respect to 8 whom a physician has determined through 9 genetic or biochemical testing that the in- 10 dividual does not have normal sex chro- 11 mosome structure, sex steroid hormone 12 production, or sex steroid hormone action 13 for a biological male or biological female. 14 ‘‘(2) MINOR.—The term ‘minor’ means any per- 15 son under the age of eighteen years.’’; and 16 (2) by amending the table of sections for such 17 chapter by adding at the end the following: 18 ‘‘2260B. Gender reassignment medical interventions on minors.’’. Æ VerDate Sep 11 2014 04:31 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S778.IS S778 pbinns on DSKJLVW7X2PROD with BILLS