No Harm Act
This bill prohibits federal funding for sex-trait altering treatment for minors, authorizes civil actions for harm caused by such procedures, and subjects certain procedures to potential criminal penalties. The bill defines sex-trait altering treatment as generally meaning medical treatment altering the physical or physiological characteristics of an individual’s biological sex (except for treating sexual development disorders, severe injuries, or injuries caused by sex-trait altering treatments).
The bill prohibits federal funds for
The bill prohibits discrimination against, or penalization of, providers who decline to perform such treatment. Additionally, parents of a minor have a right to decline such treatment for the minor. States that require providers to furnish such treatment, or that do not require parental consent, may not receive certain federal funds.
The bill establishes a private right of action against health care providers for harm caused by such treatment or for not obtaining parental consent. It also generally establishes a private right of action against individuals or entities that violate the bill's other provisions.
Finally, the bill makes changes to the existing federal criminal prohibition on performing female genital mutilation on a minor. The bill specifies that the performance of sex-altering surgery on a minor is not considered medically necessary and thus may be subject to the applicable criminal penalties.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2387 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Sponsor introductory remarks on measure. (CR H1283)
Introduced in House
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.
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.
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.
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.
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