119-s2008

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2008 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2008

To amend title XIX of the Social Security Act to prohibit Medicaid and 
 CHIP funding for gender transition procedures.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 10, 2025

 Mr. Cornyn (for himself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

To amend title XIX of the Social Security Act to prohibit Medicaid and 
 CHIP funding for gender transition procedures.

 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 ``Stop Funding Genital Mutilation 
Act''.

SEC. 2. PROHIBITING FEDERAL MEDICAID AND CHIP FUNDING FOR GENDER 
 TRANSITION PROCEDURES.

    (a) Medicaid.--

Section 1903
            (i) of the Social Security Act (42 
U.S.C. 1396b
            (i) ) is amended--

    (1) in paragraph

    (26) , by striking ``; or'' and inserting a 
 semicolon;

    (2) in paragraph

    (27) , by striking the period at the end 
 and inserting ``; or'';

    (3) by inserting after paragraph

    (27) the following new 
 paragraph:
 ``

    (28) with respect to any amount expended for specified 
 gender transition procedures (as defined in 

section 1905

    (kk) ) 
 furnished to an individual enrolled in a State plan (or waiver 
 of such plan).''; and

    (4) in the flush left matter at the end, by striking ``and

    (18) ,'' and inserting ``

    (18) , and

    (28) ''.

    (b) CHIP.--

Section 2107

    (e)

    (1)
        (N) of the Social Security Act (42 
U.S.C. 1397gg

    (e)

    (1)
        (N) ) is amended by striking ``and

    (17) '' and 
inserting ``

    (17) , and

    (28) ''.
            (c) Specified Gender Transition Procedures Defined.--

Section 1905 
of the Social Security Act (42 U.S.C. 1396d) is amended by adding at 
the end the following new subsection:
 ``

    (kk) Specified Gender Transition Procedures.--
 ``

    (1) In general.--For purposes of 

section 1903
            (i) (28) , 
 except as provided in paragraph

    (2) , the term `specified gender 
 transition procedure' means, with respect to an individual, any 
 of the following when performed for the purpose of 
 intentionally changing the body of such individual (including 
 by disrupting the body's development, inhibiting its natural 
 functions, or modifying its appearance) to no longer correspond 
 to the individual's sex:
 ``
        (A) Performing any surgery, including--
 ``
            (i) castration;
 ``
            (ii) sterilization;
 ``
            (iii) orchiectomy;
 ``
            (iv) scrotoplasty;
 ``
            (v) vasectomy;
 ``
            (vi) tubal ligation;
 ``
            (vii) hysterectomy;
 ``
            (viii) oophorectomy;
 ``
            (ix) ovariectomy;
 ``
            (x) metoidioplasty;
 ``
            (xi) clitoroplasty;
 ``
            (xii) reconstruction of the fixed part of 
 the urethra with or without a metoidioplasty or 
 a phalloplasty;
 ``
            (xiii) penectomy;
 ``
            (xiv) phalloplasty;
 ``
            (xv) vaginoplasty;
 ``
            (xvi) vaginectomy;
 ``
            (xvii) vulvoplasty;
 ``
            (xviii) reduction thyrochondroplasty;
 ``
            (xix) chondrolaryngoplasty;
 ``
            (xx) mastectomy; and
 ``
            (xxi) any plastic, cosmetic, or aesthetic 
 surgery that feminizes or masculinizes the 
 facial or other body features of an individual.
 ``
        (B) Any placement of chest implants to create 
 feminine breasts or any placement of erection or 
 testicular prostheses.
 ``
            (C) Any placement of fat or artificial implants 
 in the gluteal region.
 ``
            (D) Administering, prescribing, or dispensing to 
 an individual medications, including--
 ``
            (i) gonadotropin-releasing hormone

    (GnRH) analogues or other puberty-blocking drugs to 
 stop or delay normal puberty; and
 ``
            (ii) testosterone, estrogen, or other 
 androgens to an individual at doses that are 
 supraphysiologic than would normally be 
 produced endogenously in a healthy individual 
 of the same age and sex.
 ``

    (2) Exception.--Paragraph

    (1) shall not apply to the 
 following when furnished to an individual by a health care 
 provider with the consent of such individual's parent or legal 
 guardian:
 ``
        (A) Puberty suppression or blocking prescription 
 drugs for the purpose of normalizing puberty for an 
 individual experiencing precocious puberty.
 ``
        (B) Medically necessary procedures or treatments 
 to correct for--
 ``
            (i) a medically verifiable disorder of 
 sex development, including--
 ``
            (I) 46,XX chromosomes with 
 virilization;
 ``
            (II) 46,XY chromosomes with 
 undervirilization; and
 ``
            (III) both ovarian and testicular 
 tissue;
 ``
            (ii) sex chromosome structure, sex 
 steroid hormone production, or sex hormone 
 action, if determined to be abnormal by a 
 physician through genetic or biochemical 
 testing;
 ``
            (iii) infection, disease, injury, or 
 disorder caused or exacerbated by a previous 
 procedure described in paragraph

    (1) , or a 
 physical disorder, physical injury, or physical 
 illness that would, as certified by a 
 physician, place the individual in imminent 
 danger of death or impairment of a major bodily 
 function unless the procedure is performed, not 
 including procedures performed for the 
 alleviation of mental distress; or
 ``
            (iv) procedures to restore or reconstruct 
 the body of the individual in order to 
 correspond to the individual's sex after one or 
 more previous procedures described in paragraph

    (1) , which may include the removal of a pseudo 
 phallus or breast augmentation.
 ``

    (3) Sex.--For purposes of paragraph

    (1) , the term `sex' 
 means either male or female, as biologically determined and 
 defined in paragraphs

    (4) and

    (5) , respectively.
 ``

    (4) Female.--For purposes of paragraph

    (3) , the term 
 `female' means an individual who naturally has, had, will have, 
 or would have, but for a developmental or genetic anomaly or 
 historical accident, the reproductive system that at some point 
 produces, transports, and utilizes eggs for fertilization.
 ``

    (5) Male.--For purposes of paragraph

    (3) , the term `male' 
 means an individual who naturally has, had, will have, or would 
 have, but for a developmental or genetic anomaly or historical 
 accident, the reproductive system that at some point produces, 
 transports, and utilizes sperm for fertilization.''.
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