Text of US SB 928 (2017)

II 115TH CONGRESS 1ST SESSION S. 928 To prohibit, as an unfair or deceptive act or practice, commercial sexual orientation conversion therapy, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 25, 2017 Mrs. MURRAY (for herself, Mr. BOOKER, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. BROWN, Ms. CANTWELL, Ms. DUCKWORTH, Mr. MARKEY, Ms. WAR- REN, Mrs. GILLIBRAND, Ms. HIRONO, Mr. SANDERS, Mr. WHITEHOUSE, Ms. HASSAN, Mr. WYDEN, Mr. MERKLEY, Mr. SCHATZ, Mr. MURPHY, Mr. LEAHY, Mr. CASEY, Mr. FRANKEN, Ms. HARRIS, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit, as an unfair or deceptive act or practice, com- mercial 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Therapeutic Fraud 4 Prevention Act of 2017’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 2 •S 928 IS (1) Being lesbian, gay, bisexual, transgender, or 1 gender nonconforming is not a disorder, disease, ill- 2 ness, deficiency, or shortcoming. 3 (2) The national community of professionals in 4 education, social work, health, mental health, and 5 counseling has determined that there is no scientif- 6 ically valid evidence that supports the practice of at- 7 tempting to prevent a person from being lesbian, 8 gay, bisexual, transgender, or gender nonconforming. 9 (3) Such professionals have determined that 10 there is no evidence that conversion therapy is effec- 11 tive or that an individual’s sexual orientation or gen- 12 der identity can be changed by conversion therapy. 13 (4) Such professionals have also determined 14 that the potential risks of conversion therapy are not 15 only that it is ineffective, but also that it is substan- 16 tially dangerous to an individual’s mental and phys- 17 ical health, and has been shown to contribute to de- 18 pression, self-harm, low self-esteem, family rejection, 19 and suicide. 20 (5) It is in the interest of the Nation to prevent 21 lesbian, gay, bisexual, transgender, and gender non- 22 conforming people and their families from being de- 23 frauded by persons seeking to profit by offering this 24 harmful and wholly ineffective therapy. 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 3 •S 928 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) CONVERSION THERAPY.—The term ‘‘conver- 3 sion therapy’’— 4 (A) means any practice or treatment by 5 any person that seeks to change another indi- 6 vidual’s sexual orientation or gender identity, 7 including efforts to change behaviors or gender 8 expressions, or to eliminate or reduce sexual or 9 romantic attractions or feelings toward individ- 10 uals of the same gender, if such person receives 11 monetary compensation in exchange for such 12 practices or treatments; and 13 (B) does not include any practice or treat- 14 ment, which does not seek to change sexual ori- 15 entation or gender identity, that— 16 (i) provides assistance to an individual 17 undergoing a gender transition; or 18 (ii) provides acceptance, support, and 19 understanding of a client or facilitation of 20 a client’s coping, social support, and iden- 21 tity exploration and development, including 22 sexual orientation-neutral interventions to 23 prevent or address unlawful conduct or un- 24 safe sexual practices. 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 4 •S 928 IS (2) GENDER IDENTITY.—The term ‘‘gender 1 identity’’ means the gender-related identity, appear- 2 ance, mannerisms, or other gender-related character- 3 istics of an individual, regardless of the individual’s 4 designated sex at birth. 5 (3) PERSON.—The term ‘‘person’’ means any 6 individual, partnership, corporation, cooperative, as- 7 sociation, or any other entity. 8 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 9 orientation’’ means homosexuality, heterosexuality, 10 or bisexuality. 11 SEC. 4. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RE- 12 LATED TO CONVERSION THERAPY. 13 (a) UNLAWFUL CONDUCT.—It shall be unlawful for 14 any person— 15 (1) to provide conversion therapy to any indi- 16 vidual if such person receives compensation in ex- 17 change for such services; 18 (2) to advertise for the provision of conversion 19 therapy and claim in such advertising— 20 (A) to change another individual’s sexual 21 orientation or gender identity; 22 (B) to eliminate or reduce sexual or ro- 23 mantic attractions or feelings toward individ- 24 uals of the same gender; or 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 5 •S 928 IS (C) that such efforts are harmless or with- 1 out risk to individuals receiving such therapy; 2 or 3 (3) to knowingly assist or facilitate the provi- 4 sion of conversion therapy to an individual if such 5 person receives compensation from any source in 6 connection with providing conversion therapy. 7 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 8 SION.— 9 (1) VIOLATION OF RULE.—A violation of sub- 10 section (a) shall be treated as a violation of a rule 11 defining an unfair or deceptive act or practice pre- 12 scribed under section 18(a)(1)(B) of the Federal 13 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 14 (2) POWERS OF COMMISSION.— 15 (A) IN GENERAL.—The Federal Trade 16 Commission shall enforce this section in the 17 same manner, by the same means, and with the 18 same jurisdiction, powers, and duties as though 19 all applicable terms and provisions of the Fed- 20 eral Trade Commission Act (15 U.S.C. 41 et 21 seq.) were incorporated into and made a part of 22 this Act. 23 (B) PRIVILEGES AND IMMUNITIES.—Any 24 person who violates subsection (a) shall be sub- 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 6 •S 928 IS ject to the penalties, and entitled to the privi- 1 leges and immunities, provided in the Federal 2 Trade Commission Act (15 U.S.C. 41 et seq.). 3 (3) REGULATIONS.—The Federal Trade Com- 4 mission may promulgate, in accordance with section 5 553 of title 5, United States Code, such regulations 6 as the Commission considers appropriate to carry 7 out this section. 8 (c) ENFORCEMENT BY STATES.— 9 (1) IN GENERAL.—If the attorney general of a 10 State has reason to believe that an interest of the 11 residents of the State has been or is being threat- 12 ened or adversely affected by a practice that violates 13 subsection (a), the attorney general of the State 14 may, as parens patriae, bring a civil action on behalf 15 of the residents of the State in an appropriate dis- 16 trict court of the United States to obtain appro- 17 priate relief. 18 (2) RIGHTS OF FEDERAL TRADE COMMIS- 19 SION.— 20 (A) NOTICE TO FEDERAL TRADE COMMIS- 21 SION.— 22 (i) IN GENERAL.—Except as provided 23 in clause (iii), the attorney general of a 24 State, before initiating a civil action under 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 7 •S 928 IS paragraph (1), shall provide written notifi- 1 cation to the Federal Trade Commission 2 that the attorney general intends to bring 3 such civil action. 4 (ii) CONTENTS.—The notification re- 5 quired under clause (i) shall include a copy 6 of the complaint to be filed to initiate the 7 civil action. 8 (iii) EXCEPTION.—If it is not feasible 9 for the attorney general of a State to pro- 10 vide the notification required under clause 11 (i) before initiating a civil action under 12 paragraph (1), the attorney general shall 13 notify the Commission immediately upon 14 instituting the civil action. 15 (B) INTERVENTION BY FEDERAL TRADE 16 COMMISSION.—The Commission may— 17 (i) intervene in any civil action 18 brought by the attorney general of a State 19 under paragraph (1); and 20 (ii) upon intervening— 21 (I) be heard on all matters aris- 22 ing in the civil action; and 23 (II) file petitions for appeal of a 24 decision in the civil action. 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 8 •S 928 IS (3) INVESTIGATORY POWERS.—Nothing in this 1 subsection may be construed to prevent the attorney 2 general of a State from exercising the powers con- 3 ferred on the attorney general by the laws of the 4 State to conduct investigations, to administer oaths 5 or affirmations, or to compel the attendance of wit- 6 nesses or the production of documentary or other 7 evidence. 8 (4) PREEMPTIVE ACTION BY FEDERAL TRADE 9 COMMISSION.—If the Federal Trade Commission in- 10 stitutes a civil action or an administrative action 11 with respect to a violation of subsection (a), the at- 12 torney general of a State may not, during the pend- 13 ency of such action, bring a civil action under para- 14 graph (1) against any defendant named in the com- 15 plaint of the Commission for the violation with re- 16 spect to which the Commission instituted such ac- 17 tion. 18 (5) VENUE; SERVICE OF PROCESS.— 19 (A) VENUE.—Any action brought under 20 paragraph (1) may be brought in— 21 (i) the district court of the United 22 States that meets applicable requirements 23 relating to venue under section 1391 of 24 title 28, United States Code; or 25 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 9 •S 928 IS (ii) another court of competent juris- 1 diction. 2 (B) SERVICE OF PROCESS.—In an action 3 brought under paragraph (1), process may be 4 served in any district in which— 5 (i) the defendant is an inhabitant, 6 may be found, or transacts business; or 7 (ii) venue is proper under section 8 1391 of title 28, United States Code. 9 (6) ACTIONS BY OTHER STATE OFFICIALS.— 10 (A) IN GENERAL.—In addition to a civil 11 action brought by an attorney general under 12 paragraph (1), any other officer of a State who 13 is authorized by the State to do so may bring 14 a civil action under paragraph (1), subject to 15 the same requirements and limitations that 16 apply under this subsection to civil actions 17 brought by attorneys general. 18 (B) SAVINGS PROVISION.—Nothing in this 19 subsection may be construed to prohibit an au- 20 thorized official of a State from initiating or 21 continuing any proceeding in a court of the 22 State for a violation of any civil or criminal law 23 of the State. 24 VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS 10 •S 928 IS SEC. 5. SEVERABILITY. 1 If any provision of this Act, or the application of such 2 provision to any person or circumstance, is held to be un- 3 constitutional, the remainder of this Act, and its applica- 4 tion to any person or circumstance shall not be affected 5 thereby. 6 Æ VerDate Sep 11 2014 23:30 Apr 25, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S928.IS S928 asabaliauskas on DSK3SPTVN1PROD with BILLS