119-hr2387

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2387 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 2387

 To prohibit Federal funds from being used for sex-trait altering 
 treatments for minors, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 26, 2025

 Mr. Onder (for himself, Mr. Harris of Maryland, Mrs. Miller of 
 Illinois, and Mrs. Biggs of South Carolina) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
 in addition to the Committees on the Judiciary, Education and 
 Workforce, and Ways and Means, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To prohibit Federal funds from being used for sex-trait altering 
 treatments for minors, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``No Harm Act''.

SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN TREATMENTS.

    (a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be made available for purposes of paying for, 
sponsoring, promoting, assisting, or supporting the furnishing of a 
sex-trait altering treatment to a minor.

    (b) Civil Action.--Any person, including a taxpayer, may bring a 
civil action for violation of subsection

    (a) for legal damages and 
equitable relief against the United States, or the appropriate 
Department or Agency disbursing federal funds in violation of 
subsection

    (a) , in an appropriate district court of the United States.

SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN ACTIONS.

    (a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be made available for purposes of taking any 
regulatory or subregulatory action to promote sex-trait altering 
treatments to minors.

    (b) Civil Action.--Any person, including a taxpayer, may bring a 
civil action for violation of subsection

    (a) for legal damages and 
equitable relief against the United States, or the appropriate 
Department or Agency disbursing federal funds in violation of 
subsection

    (a) , in an appropriate district court of the United States.

SEC. 4. FEMALE GENITAL MUTILATION TO INCLUDE PROVISION OF SEX-TRAIT 
 ALTERING TREATMENT TO MINORS.

 

Section 116 of title 18, United States Code, is amended by adding 
at the end the following: ``For the purpose of subsection

    (b)

    (1) , the 
phrase ``necessary to the health of the person'' shall not include 
change of gender or sex, or affirmation of gender or sex.''.

SEC. 5. PROHIBITION ON FUNDING CERTAIN INSTITUTIONS.

 Notwithstanding any other provision of law, no Federal funds may be 
made available to a medical institution (including a hospital, medical 
school, clinic, public health organization, federally qualified health 
center, rural health center, or medical practice) if such institution 
provides sex-trait altering treatments to minors.

SEC. 6. RIGHT TO DECLINE TREATMENTS.

    (a) In General.--The parent of a minor shall have the right to 
decline any sex-trait altering treatment for such minor. Likewise, no 
specified Federal funds shall be made available to a State that has in 
place a policy to provide sex-trait altering treatment for a minor 
without the consent of both parents.

    (b) State Requirement.--

    (1) In general.--No specified Federal funds may be made 
 available to a State that has in place a policy to separate a 
 minor from such minor's parent based solely on such parent's 
 refusal to consent to a sex-trait altering treatment for such 
 minor.

    (2) Specified federal funds defined.--For purposes of this 
 section, the term ``specified Federal funds'' means Federal 
 funds made available under title XIX of the Social Security Act 
 (42 U.S.C. 1396 et seq.) or under part A of title IV of such 
 Act (42 U.S.C. 601 et seq.).
            (c) Civil Action.--

    (1) In general.--A minor or a parent of a minor who is 
 harmed by a violation of this section may bring a civil action 
 against the United States and against any State with a policy 
 in place in violation of this section in an appropriate 
 district court of the United States to obtain appropriate 
 relief.

    (2) Statute of limitations.--An action under this 
 subsection may be brought at any time prior to 30 years after 
 the date on which the minor attains the age of majority.

SEC. 7. REQUIREMENT TO RECEIVE INFORMED CONSENT.

    (a) In General.--No health care provider may furnish any sex-trait 
altering treatment to a minor unless, at least 72 hours prior to 
furnishing such treatment, such provider--

    (1) holds a consultation appointment with the parents of 
 such minor to discuss such treatment;

    (2) provides to the parents of such minor a complete, 
 printed list of potential side effects of such treatment, 
 including any permanent risks relating to fertility and sexual 
 function; and

    (3) received the written, informed consent of the parents 
 of such minor for such treatment.

    (b) Civil Action.--

    (1) In general.--A minor or a parent of a minor who is 
 harmed by a violation of this section may bring a civil action 
 against the health care provider in an appropriate district 
 court of the United States to obtain appropriate relief.

    (2) Statute of limitations.--An action under this 
 subsection may be brought at any time prior to 30 years after 
 the date on which the minor attains the age of majority.

SEC. 8. MEDICAL MALPRACTICE LIABILITY.

    (a) In General.--An individual may bring a civil action in an 
appropriate district court of the United States to obtain appropriate 
relief for any physical, psychological, or physiological harm caused by 
a sex-trait altering treatment performed on the individual when the 
individual was a minor against a medical practitioner, hospital, 
clinic, surgery center or other provider that performed or prescribed 
such treatment. If said civil action is successful, the individual will 
be awarded attorney's fees and litigation costs, and treble damages.

    (b) Statute of Limitations.--An action under this subsection may be 
brought at any time prior to 30 years after the date on which the minor 
attains the age of majority.

SEC. 9. RIGHT OF CONSCIENCE FOR HEALTH CARE PROVIDERS.

    (a) In General.--A health care provider may not be penalized, 
retaliated against, or otherwise discriminated against on the basis 
that the provider does not or declines to--

    (1) perform, refer for, pay for, or otherwise participate 
 in sex-trait altering treatment;

    (2) provide or sponsor sex-trait altering treatment 
 coverage; or

    (3) facilitate or make arrangements for sex-trait altering 
 treatment.

    (b) State Requirement.--

    (1) In general.--No specified Federal funds (as defined in 
 paragraph

    (2) ) may be made available to a State that requires a 
 health care provider to provide sex-trait altering treatments.

    (2) Specified federal funds defined.--For purposes of this 
 subsection, the term ``specified Federal funds'' means any 
 Federal funds made available under a program administered by 
 the Department of Health and Human Services.
            (c) Civil Action.--A health care provider who is harmed by a 
violation of subsection

    (a) may, in a civil action, obtain all 
appropriate relief, including injunctive relief, declaratory relief, 
and compensatory damages to prevent the occurrence, continuance, or 
repetition of such violation and to compensate for losses resulting 
from the violation.
            (d) === Definition. ===
- The term ``health care provider'' includes--

    (1) an individual physician, health care assistant, nurse, 
 pharmacist, health researcher, or other health care personnel;

    (2) a hospital, laboratory, pharmacy, health system, or 
 other health care or medical research facility or organization 
 (including a party to a proposed merger or other collaborative 
 arrangement relating to health services, and an entity 
 resulting therefrom);

    (3) a provider-sponsored organization, an accountable care 
 organization, or a health maintenance organization;

    (4) a social services provider that provides or authorizes 
 referrals for health care services;

    (5) a program of training or education in the health 
 professions or medical research, a participant in such a 
 program, or any individual applying or otherwise aspiring to 
 participate in such a program;

    (6) an issuer of health insurance coverage or of a health 
 plan;

    (7) a health care sharing ministry;

    (8) a health insurance plan, including group, individual, 
 or student health plans, or a sponsor or administrator thereof; 
 and

    (9) any other health care organization, program, facility, 
 or plan.

SEC. 10. PROHIBITION ON FEDERAL FUNDS FOR PROVIDING SEX-TRAIT ALTERING 
 TREATMENT TO STUDENTS WITHOUT PARENTAL CONSENT.

    (a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be provided to an elementary school or secondary 
school that allows school personnel to provide, assist in providing, or 
otherwise support the provision of sex-trait altering treatment to a 
student without notifying the parents of the student and receiving 
written approval from such parents.

    (b) 

=== Definitions. ===
-In this section:

    (1) ESEA terms.--The terms ``elementary school'', 
 ``paraprofessional'', ``parent'', ``school leader'', 
 ``secondary school'', and ``specialized instructional support 
 personnel'' have the meanings given the terms in 

section 8101 
 of the Elementary and Secondary Education Act of 1965 (20 
 U.S.C. 7801).

    (2) School personnel.--The term ``school personnel'' 
 includes--
        (A) teachers;
        (B) paraprofessionals;
            (C) school leaders;
            (D) specialized instructional support personnel;
        (E) volunteers performing services for a school; 
 and
        (F) other support staff who are employed by a 
 school or who perform services for a school on a 
 contractual basis.

SEC. 11. DEFINITIONS.

 In this Act:

    (1) Sex-trait altering treatment.--The term ``sex-trait 
 altering treatment'' means any medical or surgical service, 
 including physician's services, practitioner's services, 
 inpatient and outpatient hospital services, or prescribed drugs 
 related to gender transition, other than an excepted service, 
 that seeks to:
        (A) Alter or remove physical or anatomical 
 characteristics or features that are typical for the 
 individual's sex; or
        (B) Instill or create physiological or anatomical 
 characteristics that resemble a sex different from the 
 individual's sex, including medical services that 
 provide puberty blocking drugs, gender transition 
 hormone therapy, or genital gender reassignment surgery 
 or nongenital gender reassignment surgery knowingly 
 performed for the purpose of assisting an individual 
 with a gender transition.

    (2) Sex.--The term ``sex'' means the biological indication 
 of being male or female, including sex chromosomes, and 
 naturally occurring sex hormones, gonads, and nonambiguous 
 internal and external genitalia present at birth.

    (3) Gender transition hormone therapy.--The term ``gender 
 transition hormone therapy'' means testosterone, estrogen, or 
 progesterone given to an individual in an amount greater than 
 would normally be produced endogenously in a healthy individual 
 of that individual's age and sex.

    (4) Gender.--The term ``gender'' means the psychological, 
 behavioral, social, and cultural aspects of being male or 
 female.

    (5) Gender reassignment surgery.--The term ``gender 
 reassignment surgery'' means any medical or surgical service 
 that seeks to surgically alter or remove healthy physical or 
 anatomical characteristics or features that are typical for the 
 individual's sex, in order to instill or create physiological 
 or anatomical characteristics that resemble a sex different 
 from the individual's sex, including genital gender 
 reassignment surgery or nongenital gender reassignment surgery 
 knowingly performed for the purpose of assisting an individual 
 with a gender transition.

    (6) Gender transition.--The term ``gender transition'' 
 means the process in which an individual shifts from 
 identifying with and living as a gender that corresponds to his 
 or her sex to identifying with and living as a gender different 
 from his or her sex, and may involve social, legal, or physical 
 changes.

    (7) Genital gender reassignment surgery.--The term 
 ``genital gender reassignment surgery'' means a medical 
 procedure knowingly performed for the purpose of assisting an 
 individual with a gender transition, including the following:
        (A) Surgical procedures, including a penectomy, 
 orchiectomy, vaginoplasty, clitoroplasty, or 
 vulvoplasty for a male sex patient or hysterectomy or 
 ovariectomy for a female sex patient.
        (B) Reconstruction of the fixed part of the urethra 
 with or without a metoidioplasty.
            (C) Phalloplasty, vaginectomy, scrotoplasty, or 
 implantation of erection or testicular prostheses for a 
 female sex patient.

    (8) Nongenital gender reassignment surgery.--The term 
 ``nongenital gender reassignment surgery'' means medical 
 procedures knowingly performed for the purpose of assisting an 
 individual with a gender transition, including the following:
        (A) Surgical procedures for a male sex patient, 
 including augmentation mammoplasty, facial feminization 
 surgery, liposuction, lipofilling, voice surgery, 
 thyroid cartilage reduction, gluteal augmentation, hair 
 reconstruction, or associated aesthetic procedures.
        (B) Surgical procedures for a female sex patient, 
 including subcutaneous mastectomy, voice surgery, 
 liposuction, lipofilling, pectoral implants, or 
 associated aesthetic procedures.

    (9) Puberty blocking drugs.--The term ``puberty blocking 
 drugs'' means the following when used for the purpose of 
 assisting an individual with a gender transition.
        (A) Gonadotropin releasing hormone analogues or 
 other synthetic drugs used to stop luteinizing hormone 
 and follicle stimulating hormone secretion; or
        (B) Synthetic antiandrogen drugs used to block the 
 androgen receptor.

    (10) Excepted service.--The term ``excepted service'' means 
 any of the following:
        (A) Medical or surgical services furnished to an 
 individual born with a medically verifiable disorder of 
 sex development, including an individual with:
            (i) External sex characteristics that are 
 irresolvably ambiguous;
            (ii) Forty-six XX chromosomes with 
 virilization;
            (iii) Forty-six XY chromosomes with 
 undervirilization; or
            (iv) Both ovarian and testicular tissue.
        (B) Medical or surgical services provided when a 
 physician or practitioner has diagnosed a disorder or 
 condition of sexual development that the physician or 
 practitioner has determined through genetic or 
 biochemical testing that the individual does not have 
 normal sex chromosome structure, sex steroid hormone 
 production, or sex steroid hormone action.
            (C) The treatment of any infection, injury, 
 disease, or disorder that has been caused by or 
 exacerbated by the performance of sex-trait altering 
 treatments.
            (D) Any medical or surgical service undertaken 
 because the individual suffers from a physical 
 disorder, physical injury, or physical illness that 
 would, as certified by a physician or practitioner, 
 place the individual in imminent danger of death or 
 impairment of major bodily function unless the medical 
 or surgical service is performed.
        (E) Mental health or social services, other than 
 sex-trait altering treatments.
        (F) Services for a disorder or condition of sexual 
 development that is unrelated to a diagnosis of gender 
 dysphoria or gender identity disorder.

    (11) Minor.--The term ``minor'' means an individual under 
 18 years of age.
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