II 

116TH CONGRESS 

1ST SESSION S. 2008 

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

orientation conversion therapy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2019 

Mrs. MURRAY (for herself, Mr. BOOKER, Ms. BALDWIN, Mr. BLUMENTHAL, 

Mr. BROWN, Ms. CANTWELL, Mr. CARPER, Mr. CASEY, Ms. 

DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. 

HARRIS, Ms. HIRONO, Ms. KLOBUCHAR, Mr. MARKEY, Mr. MENENDEZ, 

Mr. MERKLEY, Mr. MURPHY, Mr. REED, Ms. ROSEN, Mr. SANDERS, Mr. 

SCHATZ, Mrs. SHAHEEN, Ms. SINEMA, Ms. SMITH, Ms. STABENOW, Mr. 

VAN HOLLEN, Ms. WARREN, Mr. WHITEHOUSE, 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, as an unfair or deceptive act or practice, 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 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 2008 IS

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— 

9 (A) there is no scientifically valid evidence 

10 that supports the practice of attempting to pre11 vent a person from being lesbian, gay, bisexual, 

12 transgender, or gender nonconforming; 

13 (B) there is no evidence that conversion 

14 therapy is effective or that an individual’s sex15 ual orientation or gender identity can be 

16 changed by conversion therapy; and 

17 (C) conversion therapy is substantially 

18 dangerous to an individual’s mental and phys19 ical health, and has been shown to contribute to 

20 depression, self-harm, low self-esteem, family 

21 rejection, and suicide. 

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

23 lesbian, gay, bisexual, transgender, and gender non24 conforming people and their families from being de25 frauded by persons seeking to profit by offering this 

26 harmful and wholly ineffective therapy. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 2008 IS

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) CONVERSION THERAPY.—The term ‘‘conver4 sion therapy’’— 

5 (A) means any practice or treatment by 

6 any person that seeks to change another indi7 vidual’s sexual orientation or gender identity, 

8 including efforts to change behaviors or gender 

9 expressions, or to eliminate or reduce sexual or 

10 romantic attractions or feelings toward individ11 uals of the same gender, if such person receives 

12 monetary compensation in exchange for— 

13 (i) such practice or treatment; or 

14 (ii) a product or service that is inte15 gral to such practice or treatment by such 

16 person, unless such product or service is 

17 protected by the First Amendment to the 

18 Constitution; and 

19 (B) does not include any practice or treat20 ment, which does not seek to change sexual ori21 entation or gender identity, that— 

22 (i) provides assistance to an individual 

23 undergoing a gender transition; or 

24 (ii) provides acceptance, support, and 

25 understanding of a client or facilitation of 

26 a client’s coping, social support, and idenVerDate Sep 11 2014 02:06 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2008.IS S2008

kjohnson on DSK79L0C42 with BILLS
4 

•S 2008 IS

1 tity exploration and development, including 

2 sexual orientation-neutral interventions to 

3 prevent or address unlawful conduct or un4 safe sexual practices. 

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

6 identity’’ means the gender-related identity, appear7 ance, mannerisms, or other gender-related character8 istics of an individual, regardless of the individual’s 

9 designated sex at birth. 

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

11 individual, partnership, corporation, cooperative, as12 sociation, or any other entity. 

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

14 orientation’’ means homosexuality, heterosexuality, 

15 or bisexuality. 

16 SEC. 4. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RE17 LATED TO CONVERSION THERAPY. 

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

19 any person— 

20 (1) to provide conversion therapy to any indi21 vidual if such person receives compensation in ex22 change for such services; 

23 (2) to claim, in any advertisement for the provi24 sion of conversion therapy, that such therapy— 


kjohnson on DSK79L0C42 with BILLS
5 

•S 2008 IS

1 (A) will change another individual’s sexual 

2 orientation or gender identity; 

3 (B) will eliminate or reduce sexual or ro4 mantic attractions or feelings toward individ5 uals of the same gender; or 

6 (C) is harmless or without risk to individ7 uals receiving such therapy; or 

8 (3) to knowingly assist or facilitate the provi9 sion of conversion therapy to an individual if such 

10 person receives compensation from any source in 

11 connection with providing conversion therapy. 

12 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS13 SION.— 

14 (1) VIOLATION OF RULE.—A violation of sub15 section (a) shall be treated as a violation of a rule 

16 defining an unfair or deceptive act or practice pre17 scribed under section 18(a)(1)(B) of the Federal 

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

19 (2) POWERS OF COMMISSION.— 

20 (A) IN GENERAL.—The Federal Trade 

21 Commission shall enforce this section in the 

22 same manner, by the same means, and with the 

23 same jurisdiction, powers, and duties as though 

24 all applicable terms and provisions of the Fed25 eral Trade Commission Act (15 U.S.C. 41 et 


kjohnson on DSK79L0C42 with BILLS
6 

•S 2008 IS

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

2 this Act. 

3 (B) PRIVILEGES AND IMMUNITIES.—Any 

4 person who violates subsection (a) shall be sub5 ject to the penalties, and entitled to the privi6 leges and immunities, provided in the Federal 

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

8 (3) REGULATIONS.—The Federal Trade Com9 mission may promulgate, in accordance with section 

10 553 of title 5, United States Code, such regulations 

11 as the Commission considers appropriate to carry 

12 out this section. 

13 (c) ENFORCEMENT BY STATES.— 

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

15 State has reason to believe that an interest of the 

16 residents of the State has been or is being threat17 ened or adversely affected by a practice that violates 

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

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

20 of the residents of the State in an appropriate dis21 trict court of the United States to obtain appro22 priate relief. 

23 (2) RIGHTS OF FEDERAL TRADE COMMIS24 SION.— 


kjohnson on DSK79L0C42 with BILLS
7 

•S 2008 IS

1 (A) NOTICE TO FEDERAL TRADE COMMIS2 SION.— 

3 (i) IN GENERAL.—Except as provided 

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

5 State, before initiating a civil action under 

6 paragraph (1), shall provide written notifi7 cation to the Federal Trade Commission 

8 that the attorney general intends to bring 

9 such civil action. 

10 (ii) CONTENTS.—The notification re11 quired under clause (i) shall include a copy 

12 of the complaint to be filed to initiate the 

13 civil action. 

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

15 for the attorney general of a State to pro16 vide the notification required under clause 

17 (i) before initiating a civil action under 

18 paragraph (1), the attorney general shall 

19 notify the Commission immediately upon 

20 instituting the civil action. 

21 (B) INTERVENTION BY FEDERAL TRADE

22 COMMISSION.—The Commission may— 

23 (i) intervene in any civil action 

24 brought by the attorney general of a State 

25 under paragraph (1); and 


kjohnson on DSK79L0C42 with BILLS
8 

•S 2008 IS

1 (ii) upon intervening— 

2 (I) be heard on all matters aris3 ing in the civil action; and 

4 (II) file petitions for appeal of a 

5 decision in the civil action. 

6 (3) INVESTIGATORY POWERS.—Nothing in this 

7 subsection may be construed to prevent the attorney 

8 general of a State from exercising the powers con9 ferred on the attorney general by the laws of the 

10 State to conduct investigations, to administer oaths 

11 or affirmations, or to compel the attendance of wit12 nesses or the production of documentary or other 

13 evidence. 

14 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

15 COMMISSION.—If the Federal Trade Commission in16 stitutes a civil action or an administrative action 

17 with respect to a violation of subsection (a), the at18 torney general of a State may not, during the pend19 ency of such action, bring a civil action under para20 graph (1) against any defendant named in the com21 plaint of the Commission for the violation with re22 spect to which the Commission instituted such ac23 tion. 

24 (5) VENUE; SERVICE OF PROCESS.— 


kjohnson on DSK79L0C42 with BILLS
9 

•S 2008 IS

1 (A) VENUE.—Any action brought under 

2 paragraph (1) may be brought in— 

3 (i) the district court of the United 

4 States that meets applicable requirements 

5 relating to venue under section 1391 of 

6 title 28, United States Code; or 

7 (ii) another court of competent juris8 diction. 

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

10 brought under paragraph (1), process may be 

11 served in any district in which— 

12 (i) the defendant is an inhabitant, 

13 may be found, or transacts business; or 

14 (ii) venue is proper under section 

15 1391 of title 28, United States Code. 

16 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

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

18 action brought by an attorney general under 

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

20 is authorized by the State to do so may bring 

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

22 the same requirements and limitations that 

23 apply under this subsection to civil actions 

24 brought by attorneys general. 


kjohnson on DSK79L0C42 with BILLS
10 

•S 2008 IS

1 (B) SAVINGS PROVISION.—Nothing in this 

2 subsection may be construed to prohibit an au3 thorized official of a State from initiating or 

4 continuing any proceeding in a court of the 

5 State for a violation of any civil or criminal law 

6 of the State. 

7 SEC. 5. SEVERABILITY. 

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

9 provision to any person or circumstance, is held to be un10 constitutional, the remainder of this Act, and its applica11 tion to any person or circumstance shall not be affected 

12 by such holding. 

Æ 


kjohnson on DSK79L0C42 with BILLS