,,ii #aaith ,,congress #ast ,session ,s4 #affc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbe,mrs4 ,murray 7for herself1 ,mr4 ,booker1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,ms4 ,cantwell1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,fetterman1 ,mrs4 ,gillibrand1 ,ms4 ,hassan1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,mr4 ,kelly1 ,mr4 ,kim1 ,mr4 ,king1 ,ms4 ,klobuchar1 ,mr4 ,lujn1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,padilla1 ,mr4 ,reed1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schiff1 ,mrs4 ,shaheen1 ,ms4 ,slotkin1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit commercial sexual orientation conversion therapy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,therapeutic ,fraud ,prevention ,act of #bjbe4 #b4 ,findings ,congress makes the following findings3 7#a7 ,being lesbian1 gay1 bisexual1 transgender1 or gender nonconforming is not a disorder1 disease1 illness1 deficiency1 or shortcoming4 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 nonconforming4 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 therapy4 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 suicide4 7#e7 ,it is in the interest of the ,nation to prevent lesbian1 gay1 bisexual1 transgender1 and gender nonconforming people and their families from being defrauded by persons seeking to profit by offering this harmful and wholly ineffective therapy4 #c4 ,definitions ,in this ,act3 7#a7 ,conversion therapy ,the term conversion therapy-- 7,a7 means any practice or treatment by any person that seeks 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-- 7i7 receives monetary compensation in exchange for such practice or treatment2 or 7ii7 instead of1 or in addition to1 receiving monetary compensation in exchange for such practice or treatment directly1 receives monetary compensation in exchange for a product or service that is integral to the provision of such practice or treatment by such person1 unless such product or service is protected by the ,first ,amendment to the ,constitution2 and 7,b7 does not include any practice or treatment1 which does not seek to change sexual orientation or gender identity1 that-- 7i7 provides assistance to an individual undergoing a gender transition2 or 7ii7 provides 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 practices4 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 ,person ,the term person means any individual1 partnership1 corporation1 cooperative1 association1 or any other entity4 7#d7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 #d4 ,unlawful conduct related to conversion therapy 7a7 ,in general ,it shall be unlawful for any person-- 7#a7 to provide conversion therapy to any individual2 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 therapy2 or 7#c7 to knowingly assist or facilitate the provision of conversion therapy to an individual if such person receives compensation from any source in connection with providing conversion 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 ,federal ,trade ,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 subsection 7a7 shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 ,nothing in this paragraph shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7#c7 ,regulations ,the ,federal ,trade ,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 ,attorney ,general ,the ,attorney ,general may bring a civil action in the courts of the ,united ,states against a person who engages in a violation of subsection 7a71 for appropriate relief4 7d7 ,enforcement by ,states 7#a7 ,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 threatened or adversely affected by a practice that violates subsection 7a71 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 ,state1 before initiating a civil action under paragraph 7#a71 shall provide written notification to the ,federal ,trade ,commission that the attorney general intends to bring such civil action4 7ii7 ,contents ,the notification required under clause 7i7 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 under 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-- 7i7 the defendant is an inhabitant1 may be found1 or transacts business2 or 7ii7 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 a civil action brought by an attorney 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 #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