,,ii #aadth ,,congress #b;d ,session ,s4 #bhhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjaf,mrs4 ,murray 7for herself1 ,mr4 ,booker1 ,mr4 ,brown1 ,ms4 ,baldwin1 ,mr4 ,leahy1 ,mr4 ,durbin1 ,mr4 ,schumer1 ,mr4 ,markey1 ,ms4 ,cantwell1 ,ms4 ,hirono1 ,mrs4 ,gillibrand1 ,mr4 ,wyden1 ,mr4 ,sanders1 ,mr4 ,franken1 ,ms4 ,warren1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,blumenthal1 ,mr4 ,whitehouse1 ,mrs4 ,boxer1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit1 as an unfair and deceptive act or practice1 commercial sexual orientation conversion therapy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,therapeutic ,fraud ,prevention ,act of #bjaf4 #b4 ,findings ,congress finds that-- 7#a7 being lesbian1 gay1 bisexual1 transgender1 or gender nonconforming is not a disorder1 disease1 illness1 deficiency1 or shortcoming2 7#b7 the national community of professionals in education1 social work1 health1 mental health1 and counseling has determined that there is no scientifically valid evidence that supports the practice of attempting to prevent a person from being lesbian1 gay1 bisexual1 transgender1 or gender nonconforming2 7#c7 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 therapy2 7#d7 such professionals have also determined that the potential risks of conversion therapy are not only that it is ineffective1 but also that it is substantially dangerous to an individual's mental and physical health1 and has been shown to contribute to depression1 self-harm1 low self-esteem1 family rejection1 and suicide2 and 7#e7 it is in the interest of the ,nation to make sure that lesbian1 gay1 bisexual1 transgender1 and gender nonconforming people and their families are not defrauded by persons seeking to profit by offering this harmful and wholly ineffective therapy4 #c4 ,unfair or deceptive acts and practices related to conversion therapy 7a7 ,unlawful conduct ,it shall be unlawful for any person-- 7#a7 to provide conversion therapy to any individual if such person receives monetary compensation in exchange for such services2 or 7#b7 to advertise for the provision of conversion therapy and claim in such advertising-- 7,a7 to change another individual's sexual orientation or gender identity2 7,b7 to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender2 or 7,c7 that such efforts are harmless or without risk to individuals receiving such therapy4 7b7 ,enforcement by ,federal ,trade ,commission 7#a7 ,violation of rule ,a violation of subsection 7a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,any person who violates this subsection 7a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,regulations ,the ,commission may promulgate1 in accordance with section #eec of title #e1 ,united ,states ,code1 such regulations as the ,commission considers appropriate to carry out this section4 7c7 ,enforcement by ,states 7#a7 ,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 7a7 in a practice that violates such subsection1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 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 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,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 investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,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 7a71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 7ii7 may be found2 7iii7 transacts business2 or 7iv7 wherever venue is proper under section #acia of title #bh1 ,united ,states ,code4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,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 ,state4 #d4 ,definitions ,in this ,act3 7#a7 ,conversion therapy ,the term conversion therapy-- 7,a7 means any practices or treatments by any person that seek to change another individual's sexual orientation or gender identity1 including efforts to change behaviors or gender expressions1 or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender1 if such person receives monetary compensation in exchange for such practices or treatments2 and 7,b7 does not include practices or treatments that-- 7i7 provide assistance to an individual undergoing a gender transition2 or 7ii7 provide acceptance1 support1 and understanding of a client or facilitation of a client's coping1 social support1 and identity exploration and development1 including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices1 if such practices or treatments do not seek to change sexual orientation or gender identity4 7#b7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth4 7#c7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 #e4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and its application to any person or circumstance shall not be affected thereby4