[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2880 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 2880
To prohibit, as an unfair and deceptive act or practice, commercial
sexual orientation conversion therapy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2016
Mrs. Murray (for herself, Mr. Booker, Mr. Brown, Ms. Baldwin, Mr.
Leahy, Mr. Durbin, Mr. Schumer, Mr. Markey, Ms. Cantwell, Ms. Hirono,
Mrs. Gillibrand, Mr. Wyden, Mr. Sanders, Mr. Franken, Ms. Warren, Mr.
Merkley, Mr. Murphy, Mr. Blumenthal, Mr. Whitehouse, Mrs. Boxer, and
Mr. Casey) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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 of
2016''.
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 that
supports the practice of 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 that it is substantially dangerous to an
individual'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, transgender, and gender nonconforming
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--
(1) to provide conversion therapy to any individual if such
person receives monetary compensation in exchange for such
services; or
(2) to advertise for the provision of conversion therapy
and claim in such advertising--
(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) Enforcement by Federal Trade Commission.--
(1) 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)).
(2) Powers of commission.--
(A) In general.--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.
(B) Privileges and immunities.--Any person who
violates this subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.).
(3) Regulations.--The Commission may promulgate, in
accordance with section 553 of title 5, United States Code,
such regulations as the Commission considers appropriate to
carry out this section.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(a) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to obtain
appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant;
(ii) may be found;
(iii) transacts business; or
(iv) wherever venue is proper under section
1391 of title 28, United States Code.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
SEC. 4. DEFINITIONS.
In this Act:
(1) Conversion therapy.--The term ``conversion therapy''--
(A) 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
practices or treatments; and
(B) does not include practices or treatments that--
(i) provide assistance to an individual
undergoing a gender transition; or
(ii) provide acceptance, support, and
understanding of a client or facilitation of a
client's coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual
practices,
if such practices or treatments do not seek to change
sexual orientation or gender identity.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
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.
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