Protecting Children From Experimentation Act of 2021

Bill: 117-s-778
Sponsor: full_name: Sen. Marshall, Roger [R-KS]
Introduced: 2021-03-16
Policy area: Crime and Law Enforcement
Subjects: Child health

Civil actions and liability

Criminal investigation, prosecution, interrogation

Medical ethics

Sex and reproductive health

Surgery and anesthesia
Latest action: action_date: 2021-03-16
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-03-16
action_desc: Introduced in Senate
text: <p><strong>Protecting Children From Experimentation Act of 2021</strong></p> <p>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.</p> <p>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.</p> <p>An individual who performs these interventions on a minor is subject to criminal penalties&#8212;a fine, a prison term of up to five years, or both.</p> <p>A minor who receives these medical interventions may not be arrested or prosecuted for an offense under this bill. </p>

tv_txt: II 117th CONGRESS 1st Session S. 778 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Marshall (for himself, Mr. Braun , Mrs. Blackburn , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 110 of title 18, United States Code, to prohibit gender reassignment medical interventions on minors, and for other purposes.

1. Short title This Act may be cited as the Protecting Children From Experimentation Act of 2021 . 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: 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. .