Protecting Children From Experimentation Act of 2021
Bill: S.778 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Crime and Law Enforcement

Summary:
Protecting Children From Experimentation Act of 2021
This bill establishes a new criminal offense for performing gender reassignment medical interventions on minors. It also provides that a minor who receives such an intervention may bring a civil action against each person who performed that intervention.
The bill defines these interventions as certain surgeries or the use of hormones to change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. It excludes, however, interventions in cases where an individual has ambiguous external biological sex characteristics or where a physician has determined that an individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action.
An individual who performs these interventions on a minor is subject to criminal penalties—a fine, a prison term of up to five years, or both.
A minor who receives these medical interventions may not be arrested or prosecuted for an offense under this bill.

To amend chapter 110 of title 18, United States Code, to prohibit 
  gender reassignment medical interventions on minors, 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 ``Protecting Children From 
Experimentation Act of 2021''.

SEC. 2. GENDER REASSIGNMENT MEDICAL INTERVENTIONS ON MINORS PROHIBITED.

    Chapter 110 of title 18, United States Code, is amended--
            (1) by adding at the end the following:
``Sec. 2260B. Gender reassignment medical interventions on minors
    ``(a) In General.--Whoever knowingly performs any gender 
reassignment medical intervention on a minor shall be fined under this 
title, imprisoned not more than 5 years, or both.
    ``(b) Prohibition on Prosecution of Person on Whom Intervention Is 
Performed.--No person on whom the gender reassignment medical 
intervention under subsection (a) is performed may be arrested or 
prosecuted for an offense under this section.
    ``(c) Civil Action.--A person on whom a gender reassignment medical 
intervention is performed under this section may bring a civil action 
for appropriate relief against each person who performed the gender 
reassignment medical intervention.
    ``(d) Definitions.--In this section:
            ``(1) Gender reassignment medical intervention.--
                    ``(A) In general.--For purposes of this chapter, 
                except as provided in subparagraph (B), the term 
                `gender reassignment medical intervention' means--
                            ``(i) performing a surgery that sterilizes 
                        an individual, including castration, vasectomy, 
                        hysterectomy, oophorectomy, metoidioplasty, 
                        penectomy, phalloplasty, and vaginoplasty, to 
                        change the body of such individual to 
                        correspond to a sex that is discordant with 
                        biological sex;
                            ``(ii) performing a mastectomy on an 
                        individual for the purpose described in clause 
                        (i); or
                            ``(iii) administering or supplying to an 
                        individual medications for the purpose 
                        described in clause (i), including--
                                    ``(I) GnRH agonists or other 
                                puberty-blocking drugs to stop or delay 
                                normal puberty;
                                    ``(II) testosterone or other 
                                androgens to biological females at 
                                doses that are supraphysiologic to the 
                                female sex; or
                                    ``(III) estrogen to biological 
                                males at doses that are 
                                supraphysiologic to the male sex.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to the following individuals:
                            ``(i) An individual with external 
                        biological sex characteristics that are 
                        irresolvably ambiguous, such as those born with 
                        46 XX chromosomes with virilization, 46 XY 
                        chromosomes with undervirilization, or having 
                        both ovarian and testicular tissue.
                            ``(ii) An individual with respect to whom a 
                        physician has determined through genetic or 
                        biochemical testing that the individual does 
                        not have normal sex chromosome structure, sex 
                        steroid hormone production, or sex steroid 
                        hormone action for a biological male or 
                        biological female.
            ``(2) Minor.--The term `minor' means any person under the 
        age of eighteen years.''; and
            (2) by amending the table of sections for such chapter by 
        adding at the end the following:

``2260B. Gender reassignment medical interventions on minors.''.
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