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. SHAHEEN, 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 Transportation 

A BILL 

To prohibit commercial sexual orientation conversion therapy, 

and for other purposes. 

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 2021’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 gender nonconforming is not a disorder, disease, ill5 ness, deficiency, or shortcoming. 

6 (2) The national community of professionals in 

7 education, social work, health, mental health, and 

8 counseling has determined that there is no scientif9 ically valid evidence that supports the practice of at10 tempting to prevent a person from being lesbian, 

11 gay, bisexual, transgender, or gender nonconforming. 

12 (3) Such professionals have determined that 

13 there is no evidence that conversion therapy is effec14 tive or that an individual’s sexual orientation or gen15 der identity can be changed by conversion therapy. 

16 (4) Such professionals have also determined 

17 that the potential risks of conversion therapy are not 

18 only that it is ineffective, but also that it is substan19 tially dangerous to an individual’s mental and phys20 ical health, and has been shown to contribute to de21 pression, self-harm, low self-esteem, family rejection, 

22 and suicide. 

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

24 lesbian, gay, bisexual, transgender, and gender non25 conforming people and their families from being deVerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242

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1 frauded by persons seeking to profit by offering this 

2 harmful and wholly ineffective therapy. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) CONVERSION THERAPY.—The term ‘‘conver6 sion therapy’’— 

7 (A) means any practice or treatment by 

8 any person that seeks to change another indi9 vidual’s sexual orientation or gender identity, 

10 including efforts to change behaviors or gender 

11 expressions, or to eliminate or reduce sexual or 

12 romantic attractions or feelings toward individ13 uals of the same gender, if such person— 

14 (i) receives monetary compensation in 

15 exchange for such practice or treatment; or 

16 (ii) instead of, or in addition to, re17 ceiving monetary compensation in ex18 change for such practice or treatment di19 rectly, receives monetary compensation in 

20 exchange for a product or service that is 

21 integral to the provision of such practice or 

22 treatment by such person, unless such 

23 product or service is protected by the First 

24 Amendment to the Constitution; and 


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1 (B) does not include any practice or treat2 ment, which does not seek to change sexual ori3 entation or gender identity, that— 

4 (i) provides assistance to an individual 

5 undergoing a gender transition; or 

6 (ii) provides acceptance, support, and 

7 understanding of a client or facilitation of 

8 a client’s coping, social support, and iden9 tity exploration and development, including 

10 sexual orientation-neutral interventions to 

11 prevent or address unlawful conduct or un12 safe sexual practices. 

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

14 identity’’ means the gender-related identity, appear15 ance, mannerisms, or other gender-related character16 istics of an individual, regardless of the individual’s 

17 designated sex at birth. 

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

19 individual, partnership, corporation, cooperative, as20 sociation, or any other entity. 

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

22 orientation’’ means homosexuality, heterosexuality, 

23 or bisexuality. 


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1 SEC. 4. UNLAWFUL CONDUCT RELATED TO CONVERSION 

2 THERAPY. 

3 (a) IN GENERAL.—It shall be unlawful for any per4 son— 

5 (1) to provide conversion therapy to any indi6 vidual; or 

7 (2) to advertise for the provision of conversion 

8 therapy and claim in such advertising— 

9 (A) to change another individual’s sexual 

10 orientation or gender identity; 

11 (B) to eliminate or reduce sexual or ro12 mantic attractions or feelings toward individ13 uals of the same gender; or 

14 (C) that such efforts are harmless or with15 out risk to individuals receiving such therapy. 

16 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS17 SION.— 

18 (1) VIOLATION OF RULE.—A violation of sub19 section (a) shall be treated as a violation of a rule 

20 defining an unfair or deceptive act or practice pre21 scribed under section 18(a)(1)(B) of the Federal 

22 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

23 (2) POWERS OF COMMISSION.— 

24 (A) IN GENERAL.—The Federal Trade 

25 Commission shall enforce this section in the 

26 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 ATTORNEY GENERAL.—The 

17 Attorney General may bring a civil action in the courts 

18 of the United States against a person who engages in a 

19 violation of subsection (a), for appropriate relief. 

20 (d) ENFORCEMENT BY STATES.— 

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

22 State has reason to believe that an interest of the 

23 residents of the State has been or is being threat24 ened or adversely affected by a practice that violates 

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


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

2 of the residents of the State in an appropriate dis3 trict court of the United States to obtain appro4 priate relief. 

5 (2) RIGHTS OF FEDERAL TRADE COMMIS6 SION.— 

7 (A) NOTICE TO FEDERAL TRADE COMMIS8 SION.— 

9 (i) IN GENERAL.—Except as provided 

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

11 State, before initiating a civil action under 

12 paragraph (1), shall provide written notifi13 cation to the Federal Trade Commission 

14 that the attorney general intends to bring 

15 such civil action. 

16 (ii) CONTENTS.—The notification re17 quired under clause (i) shall include a copy 

18 of the complaint to be filed to initiate the 

19 civil action. 

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

21 for the attorney general of a State to pro22 vide the notification required under clause 

23 (i) before initiating a civil action under 

24 paragraph (1), the attorney general shall 


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1 notify the Commission immediately upon 

2 instituting the civil action. 

3 (B) INTERVENTION BY FEDERAL TRADE

4 COMMISSION.—The Commission may— 

5 (i) intervene in any civil action 

6 brought by the attorney general of a State 

7 under paragraph (1); and 

8 (ii) upon intervening— 

9 (I) be heard on all matters aris10 ing in the civil action; and 

11 (II) file petitions for appeal of a 

12 decision in the civil action. 

13 (3) INVESTIGATORY POWERS.—Nothing in this 

14 subsection may be construed to prevent the attorney 

15 general of a State from exercising the powers con16 ferred on the attorney general by the laws of the 

17 State to conduct investigations, to administer oaths 

18 or affirmations, or to compel the attendance of wit19 nesses or the production of documentary or other 

20 evidence. 

21 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

22 COMMISSION.—If the Federal Trade Commission in23 stitutes a civil action or an administrative action 

24 with respect to a violation of subsection (a), the at25 torney general of a State may not, during the pendVerDate Sep 11 2014 04:53 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242

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1 ency of such action, bring a civil action under para2 graph (1) against any defendant named in the com3 plaint of the Commission for the violation with re4 spect to which the Commission instituted such ac5 tion. 

6 (5) VENUE; SERVICE OF PROCESS.— 

7 (A) VENUE.—Any action brought under 

8 paragraph (1) may be brought in— 

9 (i) the district court of the United 

10 States that meets applicable requirements 

11 relating to venue under section 1391 of 

12 title 28, United States Code; or 

13 (ii) another court of competent juris14 diction. 

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

16 brought under paragraph (1), process may be 

17 served in any district in which— 

18 (i) the defendant is an inhabitant, 

19 may be found, or transacts business; or 

20 (ii) venue is proper under section 

21 1391 of title 28, United States Code. 

22 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

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

24 action brought by an attorney general under 

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


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1 is authorized by the State to do so may bring 

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

3 the same requirements and limitations that 

4 apply under this subsection to civil actions 

5 brought by attorneys general. 

6 (B) SAVINGS PROVISION.—Nothing in this 

7 subsection may be construed to prohibit an au8 thorized official of a State from initiating or 

9 continuing any proceeding in a court of the 

10 State for a violation of any civil or criminal law 

11 of the State. 

12 SEC. 5. SEVERABILITY. 

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

14 provision to any person or circumstance, is held to be un15 constitutional, the remainder of this Act, and its applica16 tion to any person or circumstance shall not be affected 

17 thereby. 

Æ 


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