Therapeutic Fraud Prevention Act of 2021

II 117TH CONGRESS 1ST SESSION S. 2242 To prohibit commercial sexual orientation conversion therapy, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 24, 2021 Mrs. MURRAY (for herself, Mr. BOOKER, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BROWN, Ms. CANTWELL, Mr. CARPER, Mr. CASEY, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. HIRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mr. PADILLA, Mr. REED, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mrs. SHA- HEEN, Ms. SINEMA, Ms. SMITH, Ms. STABENOW, Mr. VAN HOLLEN, Ms. WARREN, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Trans- portation A BILL To prohibit commercial sexual orientation conversion therapy, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Therapeutic Fraud 4 Prevention Act of 2021’’. 5 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2242 IS SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Being lesbian, gay, bisexual, transgender, or 3 gender nonconforming is not a disorder, disease, ill- 4 ness, deficiency, or shortcoming. 5 (2) The national community of professionals in 6 education, social work, health, mental health, and 7 counseling has determined that there is no scientif- 8 ically valid evidence that supports the practice of at- 9 tempting to prevent a person from being lesbian, 10 gay, bisexual, transgender, or gender nonconforming. 11 (3) Such professionals have determined that 12 there is no evidence that conversion therapy is effec- 13 tive or that an individual’s sexual orientation or gen- 14 der identity can be changed by conversion therapy. 15 (4) Such professionals have also determined 16 that the potential risks of conversion therapy are not 17 only that it is ineffective, but also that it is substan- 18 tially dangerous to an individual’s mental and phys- 19 ical health, and has been shown to contribute to de- 20 pression, self-harm, low self-esteem, family rejection, 21 and suicide. 22 (5) It is in the interest of the Nation to prevent 23 lesbian, gay, bisexual, transgender, and gender non- 24 conforming people and their families from being de- 25 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2242 IS frauded by persons seeking to profit by offering this 1 harmful and wholly ineffective therapy. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) CONVERSION THERAPY.—The term ‘‘conver- 5 sion therapy’’— 6 (A) means any practice or treatment by 7 any person that seeks to change another indi- 8 vidual’s sexual orientation or gender identity, 9 including efforts to change behaviors or gender 10 expressions, or to eliminate or reduce sexual or 11 romantic attractions or feelings toward individ- 12 uals of the same gender, if such person— 13 (i) receives monetary compensation in 14 exchange for such practice or treatment; or 15 (ii) instead of, or in addition to, re- 16 ceiving monetary compensation in ex- 17 change for such practice or treatment di- 18 rectly, receives monetary compensation in 19 exchange for a product or service that is 20 integral to the provision of such practice or 21 treatment by such person, unless such 22 product or service is protected by the First 23 Amendment to the Constitution; and 24 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2242 IS (B) does not include any practice or treat- 1 ment, which does not seek to change sexual ori- 2 entation or gender identity, that— 3 (i) provides assistance to an individual 4 undergoing a gender transition; or 5 (ii) provides acceptance, support, and 6 understanding of a client or facilitation of 7 a client’s coping, social support, and iden- 8 tity exploration and development, including 9 sexual orientation-neutral interventions to 10 prevent or address unlawful conduct or un- 11 safe sexual practices. 12 (2) GENDER IDENTITY.—The term ‘‘gender 13 identity’’ means the gender-related identity, appear- 14 ance, mannerisms, or other gender-related character- 15 istics of an individual, regardless of the individual’s 16 designated sex at birth. 17 (3) PERSON.—The term ‘‘person’’ means any 18 individual, partnership, corporation, cooperative, as- 19 sociation, or any other entity. 20 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 21 orientation’’ means homosexuality, heterosexuality, 22 or bisexuality. 23 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2242 IS SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION 1 THERAPY. 2 (a) IN GENERAL.—It shall be unlawful for any per- 3 son— 4 (1) to provide conversion therapy to any indi- 5 vidual; or 6 (2) to advertise for the provision of conversion 7 therapy and claim in such advertising— 8 (A) to change another individual’s sexual 9 orientation or gender identity; 10 (B) to eliminate or reduce sexual or ro- 11 mantic attractions or feelings toward individ- 12 uals of the same gender; or 13 (C) that such efforts are harmless or with- 14 out risk to individuals receiving such therapy. 15 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 16 SION.— 17 (1) VIOLATION OF RULE.—A violation of sub- 18 section (a) shall be treated as a violation of a rule 19 defining an unfair or deceptive act or practice pre- 20 scribed under section 18(a)(1)(B) of the Federal 21 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 22 (2) POWERS OF COMMISSION.— 23 (A) IN GENERAL.—The Federal Trade 24 Commission shall enforce this section in the 25 same manner, by the same means, and with the 26 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2242 IS same jurisdiction, powers, and duties as though 1 all applicable terms and provisions of the Fed- 2 eral Trade Commission Act (15 U.S.C. 41 et 3 seq.) were incorporated into and made a part of 4 this Act. 5 (B) PRIVILEGES AND IMMUNITIES.—Any 6 person who violates subsection (a) shall be sub- 7 ject to the penalties, and entitled to the privi- 8 leges and immunities, provided in the Federal 9 Trade Commission Act (15 U.S.C. 41 et seq.). 10 (3) REGULATIONS.—The Federal Trade Com- 11 mission may promulgate, in accordance with section 12 553 of title 5, United States Code, such regulations 13 as the Commission considers appropriate to carry 14 out this section. 15 (c) ENFORCEMENT BY ATTORNEY GENERAL.—The 16 Attorney General may bring a civil action in the courts 17 of the United States against a person who engages in a 18 violation of subsection (a), for appropriate relief. 19 (d) ENFORCEMENT BY STATES.— 20 (1) IN GENERAL.—If the attorney general of a 21 State has reason to believe that an interest of the 22 residents of the State has been or is being threat- 23 ened or adversely affected by a practice that violates 24 subsection (a), the attorney general of the State 25 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2242 IS may, as parens patriae, bring a civil action on behalf 1 of the residents of the State in an appropriate dis- 2 trict court of the United States to obtain appro- 3 priate relief. 4 (2) RIGHTS OF FEDERAL TRADE COMMIS- 5 SION.— 6 (A) NOTICE TO FEDERAL TRADE COMMIS- 7 SION.— 8 (i) IN GENERAL.—Except as provided 9 in clause (iii), the attorney general of a 10 State, before initiating a civil action under 11 paragraph (1), shall provide written notifi- 12 cation to the Federal Trade Commission 13 that the attorney general intends to bring 14 such civil action. 15 (ii) CONTENTS.—The notification re- 16 quired under clause (i) shall include a copy 17 of the complaint to be filed to initiate the 18 civil action. 19 (iii) EXCEPTION.—If it is not feasible 20 for the attorney general of a State to pro- 21 vide the notification required under clause 22 (i) before initiating a civil action under 23 paragraph (1), the attorney general shall 24 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2242 IS notify the Commission immediately upon 1 instituting the civil action. 2 (B) INTERVENTION BY FEDERAL TRADE 3 COMMISSION.—The Commission may— 4 (i) intervene in any civil action 5 brought by the attorney general of a State 6 under paragraph (1); and 7 (ii) upon intervening— 8 (I) be heard on all matters aris- 9 ing in the civil action; and 10 (II) file petitions for appeal of a 11 decision in the civil action. 12 (3) INVESTIGATORY POWERS.—Nothing in this 13 subsection may be construed to prevent the attorney 14 general of a State from exercising the powers con- 15 ferred on the attorney general by the laws of the 16 State to conduct investigations, to administer oaths 17 or affirmations, or to compel the attendance of wit- 18 nesses or the production of documentary or other 19 evidence. 20 (4) PREEMPTIVE ACTION BY FEDERAL TRADE 21 COMMISSION.—If the Federal Trade Commission in- 22 stitutes a civil action or an administrative action 23 with respect to a violation of subsection (a), the at- 24 torney general of a State may not, during the pend- 25 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2242 IS ency of such action, bring a civil action under para- 1 graph (1) against any defendant named in the com- 2 plaint of the Commission for the violation with re- 3 spect to which the Commission instituted such ac- 4 tion. 5 (5) VENUE; SERVICE OF PROCESS.— 6 (A) VENUE.—Any action brought under 7 paragraph (1) may be brought in— 8 (i) the district court of the United 9 States that meets applicable requirements 10 relating to venue under section 1391 of 11 title 28, United States Code; or 12 (ii) another court of competent juris- 13 diction. 14 (B) SERVICE OF PROCESS.—In an action 15 brought under paragraph (1), process may be 16 served in any district in which— 17 (i) the defendant is an inhabitant, 18 may be found, or transacts business; or 19 (ii) venue is proper under section 20 1391 of title 28, United States Code. 21 (6) ACTIONS BY OTHER STATE OFFICIALS.— 22 (A) IN GENERAL.—In addition to a civil 23 action brought by an attorney general under 24 paragraph (1), any other officer of a State who 25 VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2242 IS is authorized by the State to do so may bring 1 a civil action under paragraph (1), subject to 2 the same requirements and limitations that 3 apply under this subsection to civil actions 4 brought by attorneys general. 5 (B) SAVINGS PROVISION.—Nothing in this 6 subsection may be construed to prohibit an au- 7 thorized official of a State from initiating or 8 continuing any proceeding in a court of the 9 State for a violation of any civil or criminal law 10 of the State. 11 SEC. 5. SEVERABILITY. 12 If any provision of this Act, or the application of such 13 provision to any person or circumstance, is held to be un- 14 constitutional, the remainder of this Act, and its applica- 15 tion to any person or circumstance shall not be affected 16 thereby. 17 Æ VerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S2242.IS S2242 kjohnson on DSK79L0C42PROD with BILLS