[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2450 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2450

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2015

  Mr. Ted Lieu of California (for himself, Ms. Pelosi, Mrs. Davis of 
  California, Mr. Engel, Mr. Farr, Mr. Peters, Ms. Hahn, Mrs. Watson 
  Coleman, Mr. McDermott, Mr. Blumenauer, Mr. Meeks, Mr. Takano, Mr. 
 Rush, Mr. Welch, Ms. Clarke of New York, Ms. Lee, Ms. Schakowsky, Mr. 
   Pocan, Mrs. Beatty, Ms. Norton, Mr. Grijalva, Mr. Gutierrez, Mr. 
   Kildee, Ms. DelBene, Mr. Ellison, Mr. Lewis, Mr. Van Hollen, Mr. 
    Quigley, Mr. Higgins, Mr. Sean Patrick Maloney of New York, Mr. 
Cardenas, Mr. Schiff, Ms. Clark of Massachusetts, Mr. Ruiz, Ms. Speier, 
and Mr. Honda) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit, as an unfair and deceptive act or practice, commercial 
     sexual orientation conversion therapy, 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 ``Therapeutic Fraud Prevention Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) being lesbian, gay, bisexual, transgender, or gender 
        nonconforming is not a disorder, disease, illness, deficiency, 
        or shortcoming;
            (2) the national community of professionals in education, 
        social work, health, mental health, and counseling has 
        determined that there is no scientifically valid evidence for 
        attempting to prevent a person from being lesbian, gay, 
        bisexual, transgender, or gender nonconforming;
            (3) such professionals have determined that there is no 
        evidence that conversion therapy is effective or that an 
        individual's sexual orientation or gender identity can be 
        changed by conversion therapy;
            (4) such professionals have also determined that the 
        potential risks of conversion therapy are not only that it is 
        ineffective, but also substantially dangerous to an 
        individuals's mental and physical health, and has been shown to 
        contribute to depression, self-harm, low self-esteem, family 
        rejection, and suicide; and
            (5) it is in the interest of the Nation to make sure that 
        lesbian, gay, bisexual, and transgender people and their 
        families are not defrauded by persons seeking to profit by 
        offering this harmful and wholly ineffective therapy.

SEC. 3. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RELATED TO CONVERSION 
              THERAPY.

    (a) Unlawful Conduct.--It shall be unlawful for any person to--
            (1) provide conversion therapy to any individual if such 
        person receives monetary compensation in exchange for such 
        services; or
            (2) advertise for the provision of conversion therapy where 
        such advertising claims--
                    (A) to change another individual's sexual 
                orientation or gender identity;
                    (B) to eliminate or reduce sexual or romantic 
                attractions or feelings toward individuals of the same 
                gender; or
                    (C) that such efforts are harmless or without risk 
                to individuals receiving such therapy.
    (b) Violation of Rule.--A violation of subsection (a) shall be 
treated as a violation of a rule defining an unfair or deceptive act or 
practice prescribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (c) Powers of Commission.--The Commission shall enforce this 
section in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable terms and 
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this Act. Any person who 
violates subsection (a) shall be subject to the penalties and entitled 
to the privileges and immunities provided in the Federal Trade 
Commission Act.

SEC. 4. CONVERSION THERAPY DEFINED.

    The term ``conversion therapy''--
            (1) means any practices or treatments by any person that 
        seek to change another individual's sexual orientation or 
        gender identity, including efforts to change behaviors or 
        gender expressions, or to eliminate or reduce sexual or 
        romantic attractions or feelings toward individuals of the same 
        gender if such person receives monetary compensation in 
        exchange for such services; and
            (2) does not include practices that--
                    (A) provide assistance to an individual undergoing 
                a gender transition, or
                    (B) provide acceptance, support, and understanding 
                of clients or facilitation of clients' coping, social 
                support, and identity exploration and development, 
                including sexual orientation-neutral interventions to 
                prevent or address unlawful conduct or unsafe sexual 
                practices,
        so long as such efforts do not seek to change sexual 
        orientation or gender identity.

SEC. 5. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and its application to any person or 
circumstance shall not be affected thereby.
                                 <all>