No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5636 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5636
To amend chapter 110 of title 18, United States Code, to prohibit
gender affirming care on minors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2023
Ms. Greene of Georgia introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 110 of title 18, United States Code, to prohibit
gender affirming care on minors.
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 ``Protect Children's Innocence Act''.
SEC. 2. GENDER AFFIRMING CARE ON MINORS PROHIBITED.
Chapter 110 of title 18, United States Code, is amended--
(1) by adding at the end the following:
``Sec. 2260B. Gender affirming care for minors
``(a) In General.--Whoever, in any circumstance described in
subsection (e), knowingly performs any gender affirming care on a minor
is guilty of a class C felony.
``(b) Prohibition on Prosecution of Person on Whom Intervention Is
Performed.--No person on whom the gender affirming care under
subsection (a) is performed may be arrested or prosecuted for an
offense under this section.
``(c) Civil Action.--A person on whom gender affirming care is
performed under this section may bring a civil action for appropriate
relief, including compensatory and punitive damages, against each
person who performed the gender affirming care.
``(d) Definitions.--In this section:
``(1) Gender affirming care.--
``(A) In general.--For purposes of this chapter,
except as provided in subparagraph (B), the term
`gender affirming care' means, with respect to an
individual, any of the following:
``(i) Performing any surgery for the
purpose of changing the body of such individual
to correspond to a sex that differs from their
biological sex, including--
``(I) castration;
``(II) orchiectomy;
``(III) scrotoplasty;
``(IV) vasectomy;
``(V) hysterectomy;
``(VI) oophorectomy;
``(VII) ovariectomy;
``(VIII) metoidioplasty;
``(IX) penectomy;
``(X) phalloplasty;
``(XI) vaginoplasty;
``(XII) vaginectomy;
``(XIII) vulvoplasty;
``(XIV) reduction
thyrochondroplasty;
``(XV) chondrolaryngoplasty; and
``(XVI) mastectomy.
``(ii) Any plastic surgery that feminizes
or masculinizes the facial features for the
purposes described in clause (i).
``(iii) Any placement of chest implants to
create feminine breasts for the purposes
described in clause (i).
``(iv) Any placement of fat or artificial
implants in the gluteal region for the purposes
described in clause (i).
``(v) Administering, supplying,
prescribing, dispensing, distributing, or
otherwise conveying to an individual
medications for the purposes described in
clause (i), including--
``(I) gonadotropin-releasing
hormone (GnRH) analogues or other
puberty-blocking drugs to stop or delay
normal puberty;
``(II) testosterone or other
androgens to biological females at
doses that are supraphysiologic to the
female sex; and
``(III) estrogen to biological
males at doses that are
supraphysiologic to the male sex.
``(B) Exception.--Subparagraph (A) shall not apply
to the following individuals:
``(i) An individual with both ovarian and
testicular tissue.
``(ii) An individual with respect to whom a
physician 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.
``(iii) An individual experiencing
infection, disease, injury, or disorder caused
or exacerbated by previous gender transition
procedures.
``(iv) An individual suffering from 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.
``(2) Biological sex.--The term `biological sex' means the
indication of male or female sex by reproductive potential or
capacity, sex chromosomes, naturally occurring sex hormones,
gonads, or internal or external genitalia present at birth.
``(3) Minor.--The term `minor' means any person under the
age of eighteen years.
``(e) Circumstances Described.--For purposes of subsection (a), the
circumstances described in this subsection are that--
``(1) the defendant or victim traveled in interstate or
foreign commerce, or traveled using a means, channel, facility,
or instrumentality of interstate or foreign commerce, in
furtherance of or in connection with the conduct described in
subsection (a);
``(2) the defendant used a means, channel, facility, or
instrumentality of interstate or foreign commerce in
furtherance of or in connection with the conduct described in
subsection (a);
``(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) using any means, channel, facility,
or instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
``(4) the defendant transmitted in interstate or foreign
commerce any communication relating to or in furtherance of the
conduct described in subsection (a) using any means, channel,
facility, or instrumentality of interstate or foreign commerce
or in or affecting interstate or foreign commerce by any means
or in manner, including by computer, mail, wire, or
electromagnetic transmission;
``(5) any instrument, item, substance, or other object that
has traveled in interstate or foreign commerce was used to
perform the conduct described in subsection (a);
``(6) the conduct described in subsection (a) occurred
within the special maritime and territorial jurisdiction of the
United States, or any territory or possession of the United
States; or
``(7) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.
``(f) Rule of Construction.--Nothing in this section shall be
construed as prohibiting provision of the medical services described in
subsection (d)(1)(A) to address legitimate health issues, such as any
male or female reproductive cancers, apart from changing the body to
correspond to a sex that differs from one's biological sex.''; and
(2) by amending the table of sections for such chapter by
adding at the end the following:
``2260B. Gender affirming care on minors.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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