I 

115TH CONGRESS 

1ST SESSION H. R. 2119 

To prohibit, as an unfair or deceptive act or practice, commercial sexual 

orientation conversion therapy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2017 

Mr. TED LIEU of California (for himself, Ms. PELOSI, Mr. AGUILAR, Mr. 

BLUMENAUER, Ms. BONAMICI, Mr. CARBAJAL, Ms. JUDY CHU of California, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of 

New York, Mr. COHEN, Mrs. DAVIS of California, Ms. DEGETTE, Ms. 

DELBENE, Mrs. DEMINGS, Mr. DESAULNIER, Mr. ENGEL, Mr. 

ESPAILLAT, Ms. ESTY of Connecticut, Mr. GALLEGO, Mr. AL GREEN of 

Texas, Mr. GRIJALVA, Mr. HASTINGS, Mr. HIMES, Ms. JACKSON LEE, 

Ms. JAYAPAL, Mr. KEATING, Mr. KILDEE, Mr. LANGEVIN, Mr. LARSEN

of Washington, Ms. LEE, Mrs. LOWEY, Mr. LYNCH, Mrs. CAROLYN B. 

MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. 

MATSUI, Ms. MCCOLLUM, Ms. MOORE, Mr. MOULTON, Mr. NADLER, 

Mrs. NAPOLITANO, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, Mr. PASCRELL, Mr. PETERS, Ms. PINGREE, Mr. POCAN, Mr. QUIGLEY, Ms. 

ROSEN, Mr. RUSH, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SERRANO, Ms. 

SINEMA, Ms. SLAUGHTER, Ms. SPEIER, Mr. SWALWELL of California, 

Mr. TAKANO, Ms. TSONGAS, Ms. VELA ́ZQUEZ, Ms. WASSERMAN

SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. BROWNLEY of California, Mr. HIGGINS of New York, Ms. ESHOO, Mr. MCGOVERN, and Mr. 

SCHRADER) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit, as an unfair or deceptive act or practice, commercial sexual orientation conversion therapy, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Therapeutic Fraud 

5 Prevention Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Being lesbian, gay, bisexual, transgender, or 

9 gender nonconforming is not a disorder, disease, ill10 ness, deficiency, or shortcoming. 

11 (2) The national community of professionals in 

12 education, social work, health, mental health, and 

13 counseling has determined that there is no scientif14 ically valid evidence that supports the practice of at15 tempting to prevent a person from being lesbian, 

16 gay, bisexual, transgender, or gender nonconforming. 

17 (3) Such professionals have determined that 

18 there is no evidence that conversion therapy is effec19 tive or that an individual’s sexual orientation or gen20 der identity can be changed by conversion therapy. 

21 (4) Such professionals have also determined 

22 that the potential risks of conversion therapy are not 

23 only that it is ineffective, but also that it is substan24 tially dangerous to an individual’s mental and phys25 ical health, and has been shown to contribute to deVerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119

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1 pression, self-harm, low self-esteem, family rejection, 

2 and suicide. 

3 (5) It is in the interest of the Nation to prevent 

4 lesbian, gay, bisexual, transgender, and gender non5 conforming people and their families from being de6 frauded by persons seeking to profit by offering this 

7 harmful and wholly ineffective therapy. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) CONVERSION THERAPY.—The term ‘‘conver11 sion therapy’’— 

12 (A) means any practice or treatment by 

13 any person that seeks to change another indi14 vidual’s sexual orientation or gender identity, 

15 including efforts to change behaviors or gender 

16 expressions, or to eliminate or reduce sexual or 

17 romantic attractions or feelings toward individ18 uals of the same gender, if such person receives 

19 monetary compensation in exchange for such 

20 practices or treatments; and 

21 (B) does not include any practice or treat22 ment, which does not seek to change sexual ori23 entation or gender identity, that— 

24 (i) provides assistance to an individual 

25 undergoing a gender transition; or 


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1 (ii) provides acceptance, support, and 

2 understanding of a client or facilitation of 

3 a client’s coping, social support, and iden4 tity exploration and development, including 

5 sexual orientation-neutral interventions to 

6 prevent or address unlawful conduct or un7 safe sexual practices. 

8 (2) GENDER IDENTITY.—The term ‘‘gender 

9 identity’’ means the gender-related identity, appear10 ance, mannerisms, or other gender-related character11 istics of an individual, regardless of the individual’s 

12 designated sex at birth. 

13 (3) PERSON.—The term ‘‘person’’ means any 

14 individual, partnership, corporation, cooperative, as15 sociation, or any other entity. 

16 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 

17 orientation’’ means homosexuality, heterosexuality, 

18 or bisexuality. 

19 SEC. 4. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RE20 LATED TO CONVERSION THERAPY. 

21 (a) UNLAWFUL CONDUCT.—It shall be unlawful for 

22 any person— 

23 (1) to provide conversion therapy to any indi24 vidual if such person receives monetary compensa25 tion in exchange for such services; 


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1 (2) to advertise for the provision of conversion 

2 therapy and claim in such advertising— 

3 (A) to change another individual’s sexual 

4 orientation or gender identity; 

5 (B) to eliminate or reduce sexual or ro6 mantic attractions or feelings toward individ7 uals of the same gender; or 

8 (C) that such efforts are harmless or with9 out risk to individuals receiving such therapy; 

10 or 

11 (3) to assist or facilitate the provision of con12 version therapy to an individual if such person re13 ceives monetary compensation, from any source, in 

14 connection with providing conversion therapy. 

15 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS16 SION.— 

17 (1) VIOLATION OF RULE.—A violation of sub18 section (a) shall be treated as a violation of a rule 

19 defining an unfair or deceptive act or practice pre20 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 


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1 same jurisdiction, powers, and duties as though 

2 all applicable terms and provisions of the Fed3 eral Trade Commission Act (15 U.S.C. 41 et 

4 seq.) were incorporated into and made a part of 

5 this Act. 

6 (B) PRIVILEGES AND IMMUNITIES.—Any 

7 person who violates subsection (a) shall be sub8 ject to the penalties, and entitled to the privi9 leges and immunities, provided in the Federal 

10 Trade Commission Act (15 U.S.C. 41 et seq.). 

11 (3) REGULATIONS.—The Federal Trade Com12 mission may promulgate, in accordance with section 

13 553 of title 5, United States Code, such regulations 

14 as the Commission considers appropriate to carry 

15 out this section. 

16 (c) ENFORCEMENT BY STATES.— 

17 (1) IN GENERAL.—If the attorney general of a 

18 State has reason to believe that an interest of the 

19 residents of the State has been or is being threat20 ened or adversely affected by a practice that violates 

21 subsection (a), the attorney general of the State 

22 may, as parens patriae, bring a civil action on behalf 

23 of the residents of the State in an appropriate dis24 trict court of the United States to obtain appro25 priate relief. 


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1 (2) RIGHTS OF FEDERAL TRADE COMMIS2 SION.— 

3 (A) NOTICE TO FEDERAL TRADE COMMIS4 SION.— 

5 (i) IN GENERAL.—Except as provided 

6 in clause (iii), the attorney general of a 

7 State, before initiating a civil action under 

8 paragraph (1), shall provide written notifi9 cation to the Federal Trade Commission 

10 that the attorney general intends to bring 

11 such civil action. 

12 (ii) CONTENTS.—The notification re13 quired under clause (i) shall include a copy 

14 of the complaint to be filed to initiate the 

15 civil action. 

16 (iii) EXCEPTION.—If it is not feasible 

17 for the attorney general of a State to pro18 vide the notification required under clause 

19 (i) before initiating a civil action under 

20 paragraph (1), the attorney general shall 

21 notify the Commission immediately upon 

22 instituting the civil action. 

23 (B) INTERVENTION BY FEDERAL TRADE

24 COMMISSION.—The Commission may— 


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1 (i) intervene in any civil action 

2 brought by the attorney general of a State 

3 under paragraph (1); and 

4 (ii) upon intervening— 

5 (I) be heard on all matters aris6 ing in the civil action; and 

7 (II) file petitions for appeal of a 

8 decision in the civil action. 

9 (3) INVESTIGATORY POWERS.—Nothing in this 

10 subsection may be construed to prevent the attorney 

11 general of a State from exercising the powers con12 ferred on the attorney general by the laws of the 

13 State to conduct investigations, to administer oaths 

14 or affirmations, or to compel the attendance of wit15 nesses or the production of documentary or other 

16 evidence. 

17 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

18 COMMISSION.—If the Federal Trade Commission in19 stitutes a civil action or an administrative action 

20 with respect to a violation of subsection (a), the at21 torney general of a State may not, during the pend22 ency of such action, bring a civil action under para23 graph (1) against any defendant named in the com24 plaint of the Commission for the violation with reVerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.IH H2119

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1 spect to which the Commission instituted such ac2 tion. 

3 (5) VENUE; SERVICE OF PROCESS.— 

4 (A) VENUE.—Any action brought under 

5 paragraph (1) may be brought in— 

6 (i) the district court of the United 

7 States that meets applicable requirements 

8 relating to venue under section 1391 of 

9 title 28, United States Code; or 

10 (ii) another court of competent juris11 diction. 

12 (B) SERVICE OF PROCESS.—In an action 

13 brought under paragraph (1), process may be 

14 served in any district in which— 

15 (i) the defendant is an inhabitant, 

16 may be found, or transacts business; or 

17 (ii) venue is proper under section 

18 1391 of title 28, United States Code. 

19 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

20 (A) IN GENERAL.—In addition to a civil 

21 action brought by an attorney general under 

22 paragraph (1), any other officer of a State who 

23 is authorized by the State to do so may bring 

24 a civil action under paragraph (1), subject to 

25 the same requirements and limitations that 


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1 apply under this subsection to civil actions 

2 brought by attorneys general. 

3 (B) SAVINGS PROVISION.—Nothing in this 

4 subsection may be construed to prohibit an au5 thorized official of a State from initiating or 

6 continuing any proceeding in a court of the 

7 State for a violation of any civil or criminal law 

8 of the State. 

9 SEC. 5. SEVERABILITY. 

10 If any provision of this Act, or the application of such 

11 provision to any person or circumstance, is held to be un12 constitutional, the remainder of this Act, and its applica13 tion to any person or circumstance shall not be affected 

14 thereby. 

Æ 


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