117 HR 9507 IH: Parental Right to Protect Act
U.S. House of Representatives
2022-12-13
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I
117th CONGRESS
2d Session
H. R. 9507
IN THE HOUSE OF REPRESENTATIVES
December 13, 2022
Ms. Foxx introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To amend the Child Abuse Prevention and Treatment Act to prevent State child protective services systems from removing a child from the custody of the child’s parent or legal guardian due to the parent’s or legal guardian’s reluctance or refusal to consent to the child receiving a gender-transition intervention, and for other purposes.
1.

Short title
This Act may be cited as the “Parental Right to Protect Act”.
2.

General definitions
Section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended—
(1)
in the matter preceding paragraph (1), by striking “Act—” and inserting “Act:”;
(2)
in paragraph (1)—
(A)
by striking “the term” and inserting “Child.—The term”;
(B)
in subparagraph (B), by inserting “or as provided in section 115” after “abuse”; and
(C)
by striking the semicolon at the end and inserting a period;
(3)
in paragraph (2)—
(A)
by striking “the term” and inserting “Child abuse and neglect.—The term”; and
(B)
by striking the semicolon at the end and inserting a period;
(4)
in paragraph (3)—
(A)
by striking “the term” and inserting “Child with a disability.—The term”; and
(B)
by striking the semicolon at the end and inserting a period;
(5)
in paragraph (4)—
(A)
by striking “the term” and inserting “Governor.—The term”; and
(B)
by striking the semicolon at the end and inserting a period;
(6)
in paragraph (5)—
(A)
by striking “the terms” and inserting “Indian; Indian tribe; tribal organization.—The terms”; and
(B)
by striking the semicolon at the end and inserting a period;
(7)
in paragraph (6)—
(A)
by striking “the term” and inserting “Secretary.—The term”; and
(B)
by striking the semicolon at the end and inserting a period;
(8)
in paragraph (7)—
(A)
by striking “except as provided in section 106(f), the term” and inserting “State.—Except as provided in section 106(f), the term”; and
(B)
by striking “; and” and inserting a period;
(9)
in paragraph (8), by striking “the term” and inserting “Unaccompanied homeless youth.—The term”;
(10)
by adding at the end the following:
“(9)

Biological sex
The term biological sex means the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual.
(10)

Gender-transition intervention
(A)

In general
Except as provided in subparagraph (B), the term gender-transition intervention means—
(i)
the changing of an individual’s social presentation (including pronouns, first name, hairstyle, or clothing) to conform to the subjective sense of identity of the individual, which is incongruent with the biological sex of the individual;
(ii)
the prescription or administration of GnRH agonists or other puberty-blocking drugs to stop or delay normal puberty in order to prevent bodily changes that do not conform to the subjective sense of identity of the individual, which is incongruent with the biological sex of the individual;
(iii)
the prescription or administration of medications for the purpose of changing the body of an individual so that the individual’s body conforms to the subjective sense of identity of the individual, which is incongruent with the biological sex of the individual, including prescribing or administering—
(I)
testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; or
(II)
estrogen to biological males at doses that are supraphysiologic to the male sex;
(iv)
performing a surgery that sterilizes an individual (including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, penectomy, phalloplasty, and vaginoplasty) for the purpose of changing the body of the individual so that the individual’s body conforms to the subjective sense of identity of the individual, which is incongruent with the biological sex of the individual; or
(v)
performing a mastectomy on an individual for the purpose of changing the body of the individual so that the individual’s body conforms to the subjective sense of identity of the individual, which is incongruent with the biological sex of the individual.
(B)

Exception
The term gender-transition intervention does not include—
(i)
an intervention described in subparagraph (A) that is performed on—
(I)
an individual with biological sex characteristics that are inherently ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or
(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;
(ii)
the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of an intervention described in subparagraph (A); or
(iii)
any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless the procedure is performed.”; and
(11)
by reordering paragraphs (1) through (8) (as amended by paragraphs (2) through (9) of this section), and the paragraphs added by paragraph (10) of this section in alphabetical order, and renumbering such paragraphs as so reordered.
3.

Funding prohibition
(a)

In general
Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following:
“115.

Ineligibility for funding
(a)

In general
A State shall be ineligible to receive funds under this title if the laws of the State permit the child protective services system of the State—
(1)
to remove a child from the custody of the parent or legal guardian of the child due to the parent’s or legal guardian’s reluctance or refusal to consent to a gender-transition intervention for such child; or
(2)
to use such reluctance or refusal as evidence of abuse or neglect by such parent or legal guardian.
(b)

Child defined
In this section, the term child means a person who has not attained the age of 18.”.
(b)

Conforming amendment
The table of contents for the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by inserting after the item relating to section 114 the following:
“Sec. 115. Ineligibility for funding.”.