[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5636 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5636

   To amend chapter 110 of title 18, United States Code, to prohibit 
                    gender affirming care on minors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2023

Ms. Greene of Georgia introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 110 of title 18, United States Code, to prohibit 
                    gender affirming care on minors.

    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 ``Protect Children's Innocence Act''.

SEC. 2. GENDER AFFIRMING CARE ON MINORS PROHIBITED.

    Chapter 110 of title 18, United States Code, is amended--
            (1) by adding at the end the following:
``Sec. 2260B. Gender affirming care for minors
    ``(a) In General.--Whoever, in any circumstance described in 
subsection (e), knowingly performs any gender affirming care on a minor 
is guilty of a class C felony.
    ``(b) Prohibition on Prosecution of Person on Whom Intervention Is 
Performed.--No person on whom the gender affirming care under 
subsection (a) is performed may be arrested or prosecuted for an 
offense under this section.
    ``(c) Civil Action.--A person on whom gender affirming care is 
performed under this section may bring a civil action for appropriate 
relief, including compensatory and punitive damages, against each 
person who performed the gender affirming care.
    ``(d) Definitions.--In this section:
            ``(1) Gender affirming care.--
                    ``(A) In general.--For purposes of this chapter, 
                except as provided in subparagraph (B), the term 
                `gender affirming care' means, with respect to an 
                individual, any of the following:
                            ``(i) Performing any surgery for the 
                        purpose of changing the body of such individual 
                        to correspond to a sex that differs from their 
                        biological sex, including--
                                    ``(I) castration;
                                    ``(II) orchiectomy;
                                    ``(III) scrotoplasty;
                                    ``(IV) vasectomy;
                                    ``(V) hysterectomy;
                                    ``(VI) oophorectomy;
                                    ``(VII) ovariectomy;
                                    ``(VIII) metoidioplasty;
                                    ``(IX) penectomy;
                                    ``(X) phalloplasty;
                                    ``(XI) vaginoplasty;
                                    ``(XII) vaginectomy;
                                    ``(XIII) vulvoplasty;
                                    ``(XIV) reduction 
                                thyrochondroplasty;
                                    ``(XV) chondrolaryngoplasty; and
                                    ``(XVI) mastectomy.
                            ``(ii) Any plastic surgery that feminizes 
                        or masculinizes the facial features for the 
                        purposes described in clause (i).
                            ``(iii) Any placement of chest implants to 
                        create feminine breasts for the purposes 
                        described in clause (i).
                            ``(iv) Any placement of fat or artificial 
                        implants in the gluteal region for the purposes 
                        described in clause (i).
                            ``(v) Administering, supplying, 
                        prescribing, dispensing, distributing, or 
                        otherwise conveying to an individual 
                        medications for the purposes described in 
                        clause (i), including--
                                    ``(I) gonadotropin-releasing 
                                hormone (GnRH) analogues 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; and
                                    ``(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 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.
                            ``(iii) An individual experiencing 
                        infection, disease, injury, or disorder caused 
                        or exacerbated by previous gender transition 
                        procedures.
                            ``(iv) An individual suffering 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 a major bodily 
                        function unless the procedure is performed.
            ``(2) Biological sex.--The term `biological sex' means the 
        indication of male or female sex by reproductive potential or 
        capacity, sex chromosomes, naturally occurring sex hormones, 
        gonads, or internal or external genitalia present at birth.
            ``(3) Minor.--The term `minor' means any person under the 
        age of eighteen years.
    ``(e) Circumstances Described.--For purposes of subsection (a), the 
circumstances described in this subsection are that--
            ``(1) the defendant or victim traveled in interstate or 
        foreign commerce, or traveled using a means, channel, facility, 
        or instrumentality of interstate or foreign commerce, in 
        furtherance of or in connection with the conduct described in 
        subsection (a);
            ``(2) the defendant used a means, channel, facility, or 
        instrumentality of interstate or foreign commerce in 
        furtherance of or in connection with the conduct described in 
        subsection (a);
            ``(3) any payment of any kind was made, directly or 
        indirectly, in furtherance of or in connection with the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce;
            ``(4) the defendant transmitted in interstate or foreign 
        commerce any communication relating to or in furtherance of the 
        conduct described in subsection (a) using any means, channel, 
        facility, or instrumentality of interstate or foreign commerce 
        or in or affecting interstate or foreign commerce by any means 
        or in manner, including by computer, mail, wire, or 
        electromagnetic transmission;
            ``(5) any instrument, item, substance, or other object that 
        has traveled in interstate or foreign commerce was used to 
        perform the conduct described in subsection (a);
            ``(6) the conduct described in subsection (a) occurred 
        within the special maritime and territorial jurisdiction of the 
        United States, or any territory or possession of the United 
        States; or
            ``(7) the conduct described in subsection (a) otherwise 
        occurred in or affected interstate or foreign commerce.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed as prohibiting provision of the medical services described in 
subsection (d)(1)(A) to address legitimate health issues, such as any 
male or female reproductive cancers, apart from changing the body to 
correspond to a sex that differs from one's biological sex.''; and
            (2) by amending the table of sections for such chapter by 
        adding at the end the following:

``2260B. Gender affirming care on minors.''.
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