Protect Children’s Innocence Act of 2025
This bill establishes federal criminal offenses for providing gender-affirming care to minors. The bill also changes the existing federal criminal offense that prohibits female genital mutilation (FGM) and related conduct.
Specifically, the bill makes it a federal crime to knowingly perform or attempt to perform procedures or provide medications (e.g., hormonal treatments) to a minor for the purpose of changing their body to correspond to a sex that differs from their biological sex. The bill provides exceptions for specified types of surgeries or procedures, including those for treating (1) individuals who have both ovarian and testicular tissue or abnormal sex chromosome structure or hormones, or (2) infections or other harms that result from a previous gender-transition procedure. A violation is punishable by a fine, a prison term of up to 10 years, or both. The bill prohibits the arrest or prosecution of an individual who undergoes gender-affirming procedures or medications.
Additionally, the bill makes changes to the existing federal criminal prohibition on performing FGM on a minor and related conduct. Among the changes, the bill broadens the scope of prohibited conduct to include the facilitation or consent to FGM by any person (currently, prohibited facilitation or consent applies only to a parent, guardian, or caretaker of the minor). The bill also prohibits the arrest or prosecution of an individual who undergoes FGM. The bill does not change the applicable criminal penalty of a fine, a prison term of up to 10 years, or both.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3492 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3492
To amend section 116 of title 18, United States Code, with respect to
genital and bodily mutilation and chemical castration of minors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2025
Ms. Greene of Georgia (for herself, Mr. Crane, Mr. Finstad, Mrs. Luna,
Mrs. Bice, Mrs. Miller of Illinois, Mr. Crenshaw, Mr. McGuire, Mr.
Kustoff, Mr. Biggs of Arizona, Mr. Burlison, Ms. Tenney, Mr. Higgins of
Louisiana, Mr. Brecheen, Mr. Nehls, Mr. Weber of Texas, Mr. Harris of
Maryland, Mr. Grothman, Mr. Hern of Oklahoma, Mr. Collins, Mr. Ogles,
Mr. Babin, Mr. Clyde, Ms. De La Cruz, Ms. Hageman, Mr. Owens, Mr.
Palmer, Mr. Timmons, Mr. Norman, Mr. Miller of Ohio, Mr. Steube, Mr.
Jackson of Texas, Mr. Moore of West Virginia, Mr. Comer, Mr. Gill of
Texas, Mr. Baird, Mr. McDowell, Mrs. Harshbarger, and Mr. Gooden)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend section 116 of title 18, United States Code, with respect to
genital and bodily mutilation and chemical castration of 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 of
2025''.
SEC. 2. GENITAL AND BODILY MUTILATION OF A MINOR; CHEMICAL CASTRATION
OF A MINOR.
(a) In General.--Section 116 of title 18, United States Code, is
amended to read as follows:
``Sec. 116. Genital and bodily mutilation of a minor; chemical
castration of a minor
``(a) Genital or Bodily Mutilation.--Except as provided in
subsection (g), whoever, in any circumstance described in subsection
(d), knowingly performs, or attempts to perform, genital or bodily
mutilation on another person who is a minor, shall be fined under this
title, imprisoned not more than 10 years, or both.
``(b) Chemical Castration of a Minor.--Except as provided in
subsection (g), whoever, in any circumstance described in subsection
(d), knowingly chemically castrates a minor shall be fined under this
title, imprisoned not more than 10 years, or both.
``(c) Certain Offense Related to Female Genital Mutilation.--Except
as provided in subsection (g), whoever, in any circumstance described
in subsection (d), knowingly--
``(1) facilitates or consents to female genital mutilation
of a minor; or
``(2) transports a minor for the purpose of the performance
of female genital mutilation on such minor,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(d) Circumstances Described.--For the purposes of subsections (a)
and (b), 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) or (b);
``(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) or (b);
``(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) or (b) 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) or (b) 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) or (b);
``(6) the conduct described in subsection (a) or (b)
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) or (b)
otherwise occurred in or affected interstate or foreign
commerce.
``(e) Prohibition on Certain Defense.--It shall not be a defense to
a prosecution under subsection (a) that female genital mutilation is
required as a matter of religion, custom, tradition, ritual, or
standard practice.
``(f) Prohibition on Prosecution of Victim.--No person who is
chemically castrated or on whom genital or bodily mutilation is
performed may be arrested or prosecuted for an offense under this
section.
``(g) Exceptions.--
``(1) Procedures.--
``(A) In general.--Genital or bodily mutilation or
chemical castration is not a violation of this section
if such genital or bodily mutilation or chemical
castration is--
``(i) necessary to the health of the minor
on whom it is conducted, and is conducted by a
person licensed in the place of such conduct as
a medical practitioner; or
``(ii) in the case of female genital
mutilation, performed on a minor in labor or
who has just given birth and is performed for
medical purposes connected with that labor or
birth by a person licensed in the place it is
performed as a medical practitioner, midwife,
or person in training to become such a
practitioner or midwife.
``(B) Health of a minor.--For the purposes of
subparagraph (A), the health of a minor does not
include a mental health disorder.
``(2) Exemption.--Genital or bodily mutilation or chemical
castration is not a violation of this section if such genital
or bodily mutilation or chemical castration is conducted with
respect to any of the following individuals:
``(A) An individual with both ovarian and
testicular tissue.
``(B) 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.
``(C) An individual experiencing infection,
disease, injury, or disorder caused or exacerbated by
previous gender transition procedures.
``(D) 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 impairment of a major
bodily function unless the procedure is performed.
``(h) Definitions.--In this section:
``(1) Genital or bodily mutilation.--The term `genital or
bodily mutilation' means, with respect to an individual, any of
the following:
``(A) Female genital mutilation.
``(B) Any surgery performed 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.
``(C) Any plastic surgery that feminizes or
masculinizes the facial features for the purposes
described in subparagraph (B).
``(D) Any placement of chest implants to create
feminine breasts for the purposes described in
subparagraph (B).
``(E) Any placement of fat or artificial implants
in the gluteal region for the purposes described in
subparagraph (B).
``(2) Chemical castration.--The term `chemical castration'
means administering, supplying, prescribing, dispensing,
distributing, or otherwise conveying to an individual
medications for the purposes described in paragraph (1)(B),
including--
``(A) gonadotropin-releasing hormone (GnRH)
analogues or other puberty-blocking drugs to stop or
delay normal puberty;
``(B) testosterone or other androgens to biological
females at doses that are supraphysiologic to the
female sex; and
``(C) estrogen to biological males at doses that
are supraphysiologic to the male sex.
``(3) 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.
``(4) Female genital mutilation.--The term `female genital
mutilation' means any procedure performed for non-medical
reasons that involves partial or total removal of, or other
injury to, the external female genitalia, and includes--
``(A) a clitoridectomy or the partial or total
removal of the clitoris or the prepuce or clitoral
hood;
``(B) excision or the partial or total removal
(with or without excision of the clitoris) of the labia
minora or the labia majora, or both;
``(C) infibulation or the narrowing of the vaginal
opening (with or without excision of the clitoris); or
``(D) other procedures that are harmful to the
external female genitalia, including pricking,
incising, scraping, or cauterizing the genital area.
``(5) Minor.--The term `minor' means any person under the
age of eighteen years.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 18, United States Code, is amended by striking the item related
to section 116 and inserting the following:
``116. Genital and bodily mutilation of a minor; chemical castration of
a minor.''.
<all>
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 17 - 10.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-311.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-311.
Placed on the Union Calendar, Calendar No. 265.
Rules Committee Resolution H. Res. 953 Reported to House. Rule provides for consideration of H.R. 6703, H.R. 498 and H.R. 3492. The resolution provides for consideration of H.R. 6703 and H.R. 498 under a closed rule and H.R. 3492 under a structured rule with one hour of general debate and one motion to recommit on each bill.
Rule H. Res. 953 passed House.
Considered under the provisions of rule H. Res. 953. (consideration: CR H5992-6000)
Rule provides for consideration of H.R. 6703, H.R. 498 and H.R. 3492. The resolution provides for consideration of H.R. 6703 and H.R. 498 under a closed rule and H.R. 3492 under a structured rule with one hour of general debate and one motion to recommit on each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 3492.
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The previous question was ordered pursuant to the rule.
Ms. Balint moved to recommit to the Committee on the Judiciary. (text: CR H5999-6000)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3492, the Chair put the question on motion to recommit and by voice vote announced the noes had prevailed. Ms. Balint demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H6008-6009)
On motion to recommit Failed by the Yeas and Nays: 210 - 218 (Roll no. 350).
Roll Call #350 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 216 - 211 (Roll no. 351).
Roll Call #351 (House)On passage Passed by the Yeas and Nays: 216 - 211 (Roll no. 351). (text of amendment in the nature of a substitute: CR H5992-5993)
Roll Call #351 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.