[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9874 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9874
To prohibit the performance of gender-related medical treatment on
minors, to amend title XVIII of the Social Security Act to prohibit
payment and participation under the Medicare program with respect to
such treatment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2024
Ms. Mace (for herself, Mr. Gosar, Mrs. Lesko, Mr. Weber of Texas, and
Mr. Burchett) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary, 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 the performance of gender-related medical treatment on
minors, to amend title XVIII of the Social Security Act to prohibit
payment and participation under the Medicare program with respect to
such treatment, 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 ``Childhood Genital Mutilation
Prevention Act''.
SEC. 2. PROHIBITING GENDER-RELATED MEDICAL TREATMENT FOR MINORS.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by inserting after section 116 the following new section:
``Sec. 116A. Gender-related medical treatment furnished to minors.
``(a) In General.--Subject to subsection (c), whoever, in a
circumstance described in subsection (b), knowingly performs or
attempts to perform a gender-related medical treatment on a minor,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Circumstances Described.--For the purposes of subsection (a),
the circumstances described in this subsection are that--
``(1) the offender 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 offender 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 offender 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.
``(c) Exceptions.--
``(1) In general.--An individual who provides gender-
related medical treatment to a minor shall not be considered to
have violated the prohibition in subsection (a) if such medical
treatment is provided to such minor for purposes of treating--
``(A) a disorder of sex development, diagnosed by a
physician after such physician has determined through
genetic or biochemical testing that such minor does not
have normal sex chromosome structure, sex steroid
hormone production, or sex steroid hormone action;
``(B) irresolvably ambiguous biological sex
characteristics of such minor, including the presence
of--
``(i) 46 XX chromosomes with virilization;
``(ii) 46 XY chromosomes with
undervirilization; or
``(iii) both ovarian and testicular tissue;
or
``(C) an infection, injury, disease, or disorder
caused or exacerbated by gender-related medical
treatment that was furnished to such minor.
``(2) Exception for minors.--A minor who seeks gender-
related medical treatment, or on whom gender-related medical
treatment was performed, shall not be considered to have
violated the prohibition in subsection (a).
``(d) Definitions.--In this section:
``(1) Gender-related medical treatment.--The term `gender-
related medical treatment' means--
``(A) with respect to a female individual, medical
treatments provided for purposes of addressing the
perception of such individual that the gender or sex of
such individual is not female, including--
``(i) surgical procedures, including--
``(I) vaginectomy;
``(II) hysterectomy;
``(III) oophorectomy;
``(IV) reconstruction of the
urethra;
``(V) metoidioplasty;
``(VI) phalloplasty;
``(VII) salpingo-oophorectomy;
``(VIII) scrotoplasty;
``(IX) implantation of erection or
testicular protheses;
``(X) subcutaneous mastectomy;
``(XI) vocal cord surgery;
``(XII) pectoral implants; and
``(XIII) penile transplantation;
``(ii) exogenous doses of testosterone or
other androgens; and
``(iii) puberty blockers, including--
``(I) GnRH agonists; and
``(II) synthetic drugs that
suppress the production of estrogen and
progesterone or delay or suppress
pubertal development in female
individuals; and
``(B) with respect to a male individual, medical
treatments provided for purposes of addressing the
perception of such individual that the gender or sex of
such individual is not male, including--
``(i) surgical procedures, including--
``(I) penectomy;
``(II) orchiectomy;
``(III) vaginoplasty;
``(IV) clitoroplasty;
``(V) vulvoplasty;
``(VI) augmentation mammoplasty;
``(VII) facial feminization
surgery;
``(VIII) vocal cord surgery;
``(IX) chondrolaryngoplasty;
``(X) gluteal augmentation; and
``(XI) uterine transplantation;
``(ii) exogenous doses of estrogen; and
``(iii) puberty blockers, including--
``(I) GnRH agonists; and
``(II) synthetic drugs that
suppress the production of testosterone
or delay or suppress pubertal
development in male individuals.
``(2) Female.--The term `female'--
``(A) means an individual who, under normal
development--
``(i) has XX chromosomes;
``(ii) produces oocytes; and
``(iii) has a reproductive and endocrine
system oriented around the production of such
oocytes; and
``(B) includes an individual who would otherwise
fall within this definition but for a biological or
genetic condition described in subparagraph (A) or (B)
of subsection (c)(1).
``(3) Gender.--The term `gender' means, with respect to an
individual, the psychological, behavioral, social, and cultural
aspects of being male or female.
``(4) Male.--The term `male'--
``(A) means an individual who, under normal
development--
``(i) has XY chromosomes;
``(ii) produces sperm; and
``(iii) has a reproductive and endocrine
system oriented around the production of such
sperm; and
``(B) includes an individual who would otherwise
fall within this definition but for a biological or
genetic condition described in subparagraph (A) or (B)
of subsection (c)(1).
``(5) Minor.--The term `minor' means an individual under 18
years of age.
``(6) Sex.--The term `sex' means the biological and genetic
indication of whether an individual is male or female, as
determined by the organization of body parts and gametes for
reproduction (including sex chromosomes, naturally occurring
sex chromosomes, gonads, and nonambiguous internal and external
genitalia present at birth) without regard to the
psychological, behavioral, social, cultural, chosen, or
subjective experience of gender of such individual.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 116 the
following new item:
``116A. Gender-related medical treatment for minors.''.
SEC. 3. PROHIBITING PAYMENT AND PARTICIPATION UNDER MEDICARE WITH
RESPECT TO GENDER-RELATED MEDICAL TREATMENT FOR MINORS.
(a) Excluding From Coverage Gender-Related Medical Treatment for
Minors.--Section 1862(a) of the Social Security Act (42 U.S.C.
1395y(a)) is amended--
(1) in paragraph (24), by striking ``or'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) beginning on the date that is 90 days after the date
of the enactment of the Childhood Genital Mutilation Prevention
Act, which constitute gender-related medical treatment for
minors described in section 116A of chapter 7 of title 18,
United States Code, and are not provided for the purposes
described in subsection (c)(1) of such section.''.
(b) Excluding From Participation Providers Furnishing Gender-
Related Medical Treatment for Minors.--Section 1866 of the Social
Security Act (42 U.S.C. 1395cc) is amended by adding at the end the
following new subsection:
``(l) Exclusion of Providers Furnishing Gender-Related Medical
Treatment for Minors.--Beginning on the date that is 90 days after the
date of the enactment of the Childhood Genital Mutilation Prevention
Act, with respect to a provider of services or supplier that, on or
after the date that is 90 days after such date of enactment, furnishes
gender-related medical treatment for minors, as described in section
116A of chapter 7 of title 18, United States Code to any individual
(other than such a treatment that is furnished for the purposes
described in subsection (c)(1) of such section), regardless of whether
such individual is entitled to benefits under part A or enrolled under
part B--
``(1) if such provider of services or supplier is enrolled
in the program under this title, the Secretary shall terminate
such enrollment; and
``(2) the Secretary may not enroll such provider of
services or supplier as a new provider of services or supplier
in the program under this title.''.
SEC. 4. PROHIBITION ON FEDERAL FUNDING FOR GENDER-RELATED MEDICAL
TREATMENT FOR MINORS.
No funds authorized or appropriated by Federal law, and none of the
funds in any trust fund to which funds are authorized or appropriated
by Federal law, shall be obligated or expended for any gender-related
medical treatment furnished to a minor (as such terms are used for
purposes of section 116A of chapter 7 of title 18, United States Code)
or for any health benefits coverage that includes coverage for gender-
related medical treatment furnished to a minor.
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