No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4618
To establish a Federal tort against pediatric gender clinics and other
entities pushing gender-transition procedures that cause bodily injury
to children or harm the mental health of children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2025
Mr. Steube (for himself and Mrs. Miller of Illinois) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Energy and Commerce, and Education
and Workforce, 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 establish a Federal tort against pediatric gender clinics and other
entities pushing gender-transition procedures that cause bodily injury
to children or harm the mental health of children.
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 ``Jamie Reed Protecting Our Kids from
Child Abuse Act''.
SEC. 2. FEDERAL TORT FOR HARM TO CHILDREN CAUSED BY GENDER-TRANSITION
PROCEDURES.
(a) Definitions.--In this section:
(1) Gender transition procedure.--
(A) In general.--Except as provided in subparagraph
(B), the term ``gender-transition procedure'' means--
(i) the prescription or administration of
gonadotropin-releasing hormone agonists or any
other puberty-blocking drugs for the purpose of
changing the body of an individual so that it
conforms to the subjective sense of identity of
the individual, in the case such identity is at
odds with the individual's biological sex of
male or female;
(ii) the prescription or administration of
testosterone (when prescribed to a female) or
estrogen (when prescribed to a male) for the
purpose of changing the body of an individual
so that it conforms to the subjective sense of
identity of the individual, in the case such
identity is at odds with the individual's
biological sex of male or female; or
(iii) a surgery to change the body of an
individual so that it conforms to the
subjective sense of identity of the individual,
in the case such identity is at odds with the
individual's biological sex of male or female.
(B) Exception.--The term ``gender-transition
procedure'' does not include--
(i) an intervention described in
subparagraph (A) that is performed on--
(I) an individual with biological
sex characteristics that are inherently
ambiguous, such as those born with 46
XX chromosomes with virilization, 46 XY
chromosomes with undervirilization, or
having both ovarian and testicular
tissue; or
(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, for a biological male
or biological female;
(ii) the treatment of any infection,
injury, disease, or disorder that has been
caused or exacerbated by the performance of an
intervention described in subparagraph (A)
without regard to whether the intervention was
performed in accordance with State or Federal
law or whether the intervention is covered by
the private right of action under subsection
(c); or
(iii) any procedure undertaken because the
individual suffers 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 major bodily function unless the
procedure is performed.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Medical practitioner.--The term ``medical
practitioner'' means a person who is licensed, certified, or
otherwise authorized by the laws of a State to administer
health care in the ordinary course of the practice of the
person's profession.
(5) Minor.--The term ``minor'' means an individual who has
not yet reached 18 years of age.
(6) Pediatric gender clinic.--The term ``pediatric gender
clinic'' means a medical facility that specializes in the
diagnosis or treatment of gender discordance and gender
dysphoria in minors, including medical interventions such as
therapeutic diagnosis of gender dysphoria and performance of
(or referral for) gender-transition procedures on minors.
(b) Liability.--The following individuals and entities shall be
liable in accordance with this section to any individual who suffers
bodily injury or harm to mental health (including any physical,
psychological, emotional, or physiological harm) that is attributable,
in whole or in part, to a gender-transition procedure performed on the
individual when the individual was a minor:
(1) A pediatric gender clinic where the gender-transition
procedure was provided.
(2) Any medical practitioner who administered health care,
at the time of the particular procedure, at the pediatric
gender clinic where the gender-transition procedure was
provided.
(3) An institution of higher education that hosts,
operates, partners with, provides funding to, or is otherwise
affiliated with the pediatric gender clinic where the gender-
transition procedure was provided.
(4) A hospital that hosts, operates, partners with,
provides funding to, or is otherwise affiliated with the
pediatric gender clinic where the gender-transition procedure
was provided.
(5) Any medical practitioner who performed the gender-
transition procedure on the individual.
(c) Private Right of Action.--An individual who suffers bodily
injury or harm to mental health that is attributable, in whole or in
part, to a gender-transition procedure provided to the individual when
the individual was a minor may, not later than 30 years after the date
on which the individual turns 18 years of age, bring a civil action
against an individual or entity described in subsection (b), in an
appropriate district court of the United States or a State court of
competent jurisdiction for--
(1) compensatory damages;
(2) punitive damages; and
(3) attorney's fees and costs.
(d) Affirmative Defense.--It shall be an affirmative defense to an
action brought by or on behalf of an individual upon whom a gender-
transition procedure was performed under subsection (c) that the
pediatric gender clinic or medical practitioner who performed the
gender-transition procedure on the individual, at all relevant times,
did not know and had no reason to know that the individual in question
was a minor.
SEC. 3. PROHIBITION ON FUNDING.
No Federal funds may be made available--
(1) to a pediatric gender clinic;
(2) to an institution of higher education or hospital that
hosts, operates, partners with, provides funding to, or is
otherwise affiliated with, a pediatric gender clinic; or
(3) for any gender-transition procedure performed on a
minor.
SEC. 4. EFFECTIVE DATE AND RETROACTIVE APPLICATION.
This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any gender-transition procedure that took
place before, on, or after the effective date under paragraph
(1).
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 the application of the remaining provisions
of this Act, to any person or circumstance, shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Workforce, 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 the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Workforce, 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 the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Workforce, 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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