119-hr3243

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3243 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 3243

 To prohibit commercial sexual orientation conversion therapy, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 7, 2025

 Mr. Lieu (for himself, Mr. Nadler, Mr. Lynch, Ms. Sanchez, Ms. Tlaib, 
 Ms. Schakowsky, Mr. Neal, Ms. Moore of Wisconsin, Mr. Landsman, Mr. 
 McGarvey, Ms. Ansari, Mr. David Scott of Georgia, Mr. Garamendi, Mr. 
Peters, Mr. Krishnamoorthi, Mr. Stanton, Mrs. Dingell, Mr. Correa, Ms. 
 DeLauro, Ms. Bonamici, Ms. Strickland, Ms. Salinas, Mr. Foster, Mr. 
 Horsford, Ms. DelBene, Ms. Williams of Georgia, Mr. Moskowitz, Ms. 
Davids of Kansas, Ms. Ross, Ms. Velazquez, Mr. Takano, Mr. Carson, Mr. 
Quigley, Ms. Norton, Ms. Crockett, Mr. Casten, Mrs. Ramirez, Ms. Garcia 
of Texas, Mr. Latimer, Mr. Deluzio, Ms. Sherrill, Ms. Omar, Ms. Johnson 
of Texas, Mr. Magaziner, Ms. Simon, Mrs. Hayes, Mr. Johnson of Georgia, 
 Ms. DeGette, Mrs. Beatty, Mr. Schneider, Mr. Frost, Mr. Pocan, Ms. 
Scholten, Mr. Thanedar, Mr. Sherman, Mr. Ivey, Mr. Huffman, Ms. Matsui, 
 Mr. Vargas, Ms. Sewell, Ms. Balint, Ms. Brownley, Mr. Khanna, Mrs. 
 Sykes, Mr. Costa, Mr. Ryan, Mr. Kennedy of New York, Ms. Titus, Mr. 
 Mullin, Ms. Pressley, and Ms. Lee of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on Energy and 
 Commerce

_______________________________________________________________________

 A BILL

 To prohibit commercial sexual orientation conversion therapy, 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 ``Therapeutic Fraud Prevention Act of 
2025''.

SEC. 2. FINDINGS.

 Congress makes the following findings:

    (1) Being lesbian, gay, bisexual, transgender, or gender 
 nonconforming is not a disorder, disease, illness, deficiency, 
 or shortcoming.

    (2) The national community of professionals in education, 
 social work, health, mental health, and counseling has 
 determined that there is no scientifically valid evidence that 
 supports the practice of attempting to prevent a person from 
 being lesbian, gay, bisexual, transgender, or gender 
 nonconforming.

    (3) Such professionals have determined that there is no 
 evidence that conversion therapy is effective or that an 
 individual's sexual orientation or gender identity can be 
 changed by conversion therapy.

    (4) Such professionals have also determined that the 
 potential risks of conversion therapy are not only that it is 
 ineffective, but also that it is substantially dangerous to an 
 individual's mental and physical health, and has been shown to 
 contribute to depression, self-harm, low self-esteem, family 
 rejection, and suicide.

    (5) It is in the interest of the Nation to prevent lesbian, 
 gay, bisexual, transgender, and gender nonconforming people and 
 their families from being defrauded by persons seeking to 
 profit by offering this harmful and wholly ineffective therapy.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Conversion therapy.--The term ``conversion therapy''--
        (A) means any practice or treatment by any person 
 that seeks to change another individual's sexual 
 orientation or gender identity, including efforts to 
 change behaviors or gender expressions, or to eliminate 
 or reduce sexual or romantic attractions or feelings 
 toward individuals of the same gender, if such person--
            (i) receives monetary compensation in 
 exchange for such practice or treatment; or
            (ii) instead of, or in addition to, 
 receiving monetary compensation in exchange for 
 such practice or treatment directly, receives 
 monetary compensation in exchange for a product 
 or service that is integral to the provision of 
 such practice or treatment by such person, 
 unless such product or service is protected by 
 the First Amendment to the Constitution; and
        (B) does not include any practice or treatment, 
 which does not seek to change sexual orientation or 
 gender identity, that--
            (i) provides assistance to an individual 
 undergoing a gender transition; or
            (ii) provides acceptance, support, and 
 understanding of a client or facilitation of a 
 client's coping, social support, and identity 
 exploration and development, including sexual 
 orientation-neutral interventions to prevent or 
 address unlawful conduct or unsafe sexual 
 practices.

    (2) Gender identity.--The term ``gender identity'' means 
 the gender-related identity, appearance, mannerisms, or other 
 gender-related characteristics of an individual, regardless of 
 the individual's designated sex at birth.

    (3) Person.--The term ``person'' means any individual, 
 partnership, corporation, cooperative, association, or any 
 other entity.

    (4) Sexual orientation.--The term ``sexual orientation'' 
 means homosexuality, heterosexuality, or bisexuality.

SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION THERAPY.

    (a) In General.--It shall be unlawful for any person--

    (1) to provide conversion therapy to any individual;

    (2) to advertise for the provision of conversion therapy 
 and claim in such advertising--
        (A) to change another individual's sexual 
 orientation or gender identity;
        (B) to eliminate or reduce sexual or romantic 
 attractions or feelings toward individuals of the same 
 gender; or
            (C) that such efforts are harmless or without risk 
 to individuals receiving such therapy; or

    (3) to knowingly assist or facilitate the provision of 
 conversion therapy to an individual if such person receives 
 compensation from any source in connection with providing 
 conversion therapy.

    (b) Enforcement by Federal Trade Commission.--

    (1) Violation of rule.--A violation of subsection

    (a) shall 
 be treated as a violation of a rule defining an unfair or 
 deceptive act or practice prescribed under 

section 18

    (a)

    (1)
        (B) of the Federal Trade Commission Act (15 U.S.C. 57a

    (a)

    (1)
        (B) ).

    (2) Powers of commission.--
        (A) In general.--The Federal Trade Commission shall 
 enforce this section in the same manner, by the same 
 means, and with the same jurisdiction, powers, and 
 duties as though all applicable terms and provisions of 
 the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
 were incorporated into and made a part of this Act.
        (B) Privileges and immunities.--Any person who 
 violates subsection

    (a) shall be subject to the 
 penalties, and entitled to the privileges and 
 immunities, provided in the Federal Trade Commission 
 Act (15 U.S.C. 41 et seq.). Nothing in this paragraph 
 shall be construed to limit the authority of the 
 Federal Trade Commission under any other provision of 
 law.

    (3) Regulations.--The Federal Trade Commission may 
 promulgate, in accordance with 

section 553 of title 5, United 
 States Code, such regulations as the Commission considers 
 appropriate to carry out this section.
            (c) Enforcement by Attorney General.--The Attorney General may 
bring a civil action in the courts of the United States against a 
person who engages in a violation of subsection

    (a) , for appropriate 
relief.
            (d) Enforcement by States.--

    (1) In general.--If the attorney general of a State has 
 reason to believe that an interest of the residents of the 
 State has been or is being threatened or adversely affected by 
 a practice that violates subsection

    (a) , the attorney general 
 of the State may, as parens patriae, bring a civil action on 
 behalf of the residents of the State in an appropriate district 
 court of the United States to obtain appropriate relief.

    (2) Rights of federal trade commission.--
        (A) Notice to federal trade commission.--
            (i) In general.--Except as provided in 
 clause
            (iii) , the attorney general of a State, 
 before initiating a civil action under 
 paragraph

    (1) , shall provide written 
 notification to the Federal Trade Commission 
 that the attorney general intends to bring such 
 civil action.
            (ii) Contents.--The notification required 
 under clause
            (i) shall include a copy of the 
 complaint to be filed to initiate the civil 
 action.
            (iii) Exception.--If it is not feasible for 
 the attorney general of a State to provide the 
 notification required under clause
            (i) before 
 initiating a civil action under paragraph

    (1) , 
 the attorney general shall notify the 
 Commission immediately upon instituting the 
 civil action.
        (B) Intervention by federal trade commission.--The 
 Commission may--
            (i) intervene in any civil action brought 
 by the attorney general of a State under 
 paragraph

    (1) ; and
            (ii) upon intervening--
            (I) be heard on all matters arising 
 in the civil action; and
            (II) file petitions for appeal of a 
 decision in the civil action.

    (3) Investigatory powers.--Nothing in this subsection may 
 be construed to prevent the attorney general of a State from 
 exercising the powers conferred on the attorney general by the 
 laws of the State to conduct investigations, to administer 
 oaths or affirmations, or to compel the attendance of witnesses 
 or the production of documentary or other evidence.

    (4) Preemptive action by federal trade commission.--If the 
 Federal Trade Commission institutes a civil action or an 
 administrative action with respect to a violation of subsection

    (a) , the attorney general of a State may not, during the 
 pendency of such action, bring a civil action under paragraph

    (1) against any defendant named in the complaint of the 
 Commission for the violation with respect to which the 
 Commission instituted such action.

    (5) Venue; service of process.--
        (A) Venue.--Any action brought under paragraph

    (1) may be brought in--
            (i) the district court of the United States 
 that meets applicable requirements relating to 
 venue under 

section 1391 of title 28, United 
 States Code; or
            (ii) another court of competent 
 jurisdiction.
        (B) Service of process.--In an action brought under 
 paragraph

    (1) , process may be served in any district in 
 which--
            (i) the defendant is an inhabitant, may be 
 found, or transacts business; or
            (ii) venue is proper under 

section 1391 of 
 title 28, United States Code.

    (6) Actions by other state officials.--
        (A) In general.--In addition to a civil action 
 brought by an attorney general under paragraph

    (1) , any 
 other officer of a State who is authorized by the State 
 to do so may bring a civil action under paragraph

    (1) , 
 subject to the same requirements and limitations that 
 apply under this subsection to civil actions brought by 
 attorneys general.
        (B) Savings provision.--Nothing in this subsection 
 may be construed to prohibit an authorized official of 
 a State from initiating or continuing any proceeding in 
 a court of the State for a violation of any civil or 
 criminal law of the State.

SEC. 5. SEVERABILITY.

 If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and its application to any person or 
circumstance shall not be affected thereby.
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