S.L.C. 12118 (View? 115T11 CONGRESS SESSION S. To prohibit, as an unfair or deceptive act or practice, commercial sexual orientation conversion therapy, and for other purposes. IN THE SENATE OF THE UNITED STATES Mrs. introduced the following bill; which was read twice and referred to the Committee on A BILL To prohibit, as an unfair or deceptive act or practice, com- mercial sexual orientation conversion therapy, and for other purposes. 1 Be it enacted by the Senate and House ofRepresenta- 2 tires of the United States oj'Ai/nerica in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ?Therapeutic Fraud 5 Prevention Act. of 2017?. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 (1) Being lesbian, gay, bisexual, transgender, or 9 gender nonconforming is not a disorder, disease, ill? 10 ness, deficiency, or shortcoming. 31133117347 mNHocooqoxLA-pwwv?Ao SEC. 4s. S.L.C. 2 (2) The national community of professionals in education, social work, health, mental health, and counseling has determined that there is no scientif- ically valid evidence that supports the practice of at- tempting 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 effec? tive or that an individual?s sexual orientation or gen- der 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 substan? tially dangerous to an individual?s mental and phys? ical health, and has been shown to contribute to de- pression, self?harm, low self?esteem, family rejection, and suicide. (5) It is in the interest of the Nation to prevent lesbian, gay, bisexual, transgender, and gender non? conforming people and their families from being de- frauded by persons seeking to profit by offering this harmful and Wholly ineffective therapy. 3. DEFINITIONS. In this Act: sion therapy? and 3 (1) CONVERSION term ?conver- (A) means any practice or treatment by any person that seeks to change another indi- vidual?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 individ- uals of the same gender, if such person receives monetary compensation in exchange for such practices or treatments; and (B) does not include any practice or treat- ment, which does not seek to change sexual ori? entation or gender identity, that?- provides assistance to an individual undergoing a gender ?ansition; or (ii) provides acceptance, support, and understanding of a client or facilitation of a client?s coping, social support, and iden- tity exploration and development, including sexual orientation?neutral interventions to prevent or address unlawful conduct or un- safe sexual practices. (2) GENDER term ?gender identity? means the gender?related identity, appear? S.L.C. 4 1 ance, mannerisms, or other gender?related character- 2 istics of an individual, regardless of the individual?s 3 designated sex at birth. 4 (3) term ?person? means any 5 individual, partnership, corporation, cooperative, as- 6 sociation, or any other entity. 7 (4) SEXUAL term ?sexual 8 orientation? means homosexuality, heterosexuality, 9 or bisexuality. 10 SEC. 4. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RE- 11 LATED TO CONVERSION THERAPY. 12 UNLAWFUL shall be unlawful for 13 any person?? 14 (1) to provide conversion therapy to any indi- 15 vidual if such person receives compensation in ex- 16 change for such services; 17 (2) to advertise for the provision of conversion 18 therapy and claim in such advertising?? 19 (A) to change another individual?s sexual 20 orientation or gender identity; 21 (B) to eliminate or reduce sexual or ro? 22 mantic attractions or feelings toward individ- 23 uals of the same gender; or sum.? S.L.C. 5 (C) that such efforts are harmless or with? out risk to individuals receiving such therapy; or (3) to knowingly assist or facilitate the provi- sion of conversion therapy to an individual if such person receives compensation from any source in connection with providing conversion therapy. ENFORCEMENT BY FEDERAL TRADE A violation of sub- (1) VIOLATION OF RULE. section shall be treated as a violation of a rule defining an unfair or deceptive act or practice pre- scribed under section of the Federal Trade Commission Act (15 U.S.C. (2) POWERS or (A) IN Federal Trade 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 Fed? eral Trade Commission Act (15 USO. 41 et seq.) were incorporated into and made a part of this Act. (B) AND person who violates subsection shall be sub- MDMI7347 S.L.C. 6 ject to the penalties, and entitled to the privi- leges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). The Federal Trade Com- (8) REGULATIONS. mission may promulgate, in accordance With section 558 of title 5, United States Code, such regulations as the Commission considers appropriate to carry out this section. ENFORCEMENT BY (1) IN GENERAL. If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threat- ened or adversely affected by a practice that violates 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 dis- trict court of the United States to obtain appro- priate relief. (2) RIGHTS OF FEDERAL TRADE COMMIS- (A) NOTICE To FEDERAL TRADE COMMIS- IN as provided in clause the attorney general of a State, before initiating a civil action under S.L.C. 7 paragraph (1), shall provide written notifi? cation to the Federal Trade Commission that the attorney general intends to bring such civil action. (ii) notification re- quired under clause shall include a copy of the complaint to be filed to initiate the civil action. it. is not feasible for the attorney general of a State to pro- vide the notification required under clause 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 intervene in any civil action brought by the attorney general of a State under paragraph and (ii) upon intervening?- (I) be heard on all matters aris- ing in the civil action; and (11) file petitions for appeal of a decision in the civil action. S.L.C. 8 1 (3) INVESTIGATORY in this 2 subsection may be construed to prevent the attorney 3 general of a State from exercising the powers con- 4 ferred on the attorney general by the laws of the 5 State to conduct investigations, to administer oaths 6 or affirmations, or to compel the attendance of wit- 7 nesses or the production of documentary or other 8 evidence. 9 (4) PREEMPTIVE ACTION BY FEDERAL TRADE 10 the Federal Trade Commission in- 11 stitutes a civil action or an administrative action 12 with respect to a violation of subsection the at- 13 torney general of a State may not, during the pend? 14 ency of such action, bring a civil action under para- 15 graph (1) against any defendant named in the com- 16 plaint of the Commission for the violation with re- 17 spect to which the Commission instituted such ac- 18 tion. 19 (5) SERVICE OF PROCESS. 20 (A) action brought under 21 paragraph (1) may be brought in? 22 the district court of the United 23 States that meets applicable requirements 24 relating to venue under section 1391 of 25 title 28, United States Code; or S.L.C. 9 (ii) another court of competent juris? diction. (B) SERVICE OF an action brought under paragraph (1), process may be served in any district in Which?? the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (6) ACTIONS BY OTHER STATE (A) IN addition to a civil action brought by an attorney 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 au? thorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal lavv of the State. S.L.C. 10 SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be un- constitutional, the remainder of this Act, and its applica- tion to any person or circumstance shall not be affected thereby.