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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9874 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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