,,ii #aaith ,,congress #ast ,session ,s4 #cab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjbe,mr4 ,hawley 7for himself and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a ,federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children4 #a4 ,short title ,this ,act may be cited as the ,jamie ,reed ,protecting ,our ,kids from ,child ,abuse ,act4 #b4 ,federal tort for harm to children caused by gender-transition procedures 7a7 ,definitions ,in this section3 7#a7 ,gender transition procedure 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term gender-transition procedure means-- 7i7 the prescription or administration of gonadotropin-releasing hormone agonists or any other puberty-blocking drugs for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual1 in the case such identity is at odds with the individual's biological sex of male or female2 7ii7 the prescription or administration of testosterone 7when prescribed to a female7 or estrogen 7when prescribed to a male7 for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual1 in the case such identity is at odds with the individual's biological sex of male or female2 or 7iii7 a surgery to change the body of an individual so that it conforms to the subjective sense of identity of the individual1 in the case such identity is at odds with the individual's biological sex of male or female4 7,b7 ,exception ,the term gender-transition procedure does not include-- 7i7 an intervention described in subparagraph 7,a7 that is performed on-- 7,i7 an individual with biological sex characteristics that are inherently ambiguous1 such as those born with #df ,,xx chromosomes with virilization1 #df ,,xy chromosomes with undervirilization1 or having both ovarian and testicular tissue2 or 7,,ii7 an individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure1 sex steroid hormone production1 or sex steroid hormone action1 for a biological male or biological female2 7ii7 the treatment of any infection1 injury1 disease1 or disorder that has been caused or exacerbated by the performance of an intervention described in subparagraph 7,a7 without regard to whether the intervention was performed in accordance with ,state or ,federal law or whether the intervention is covered by the private right of action under subsection 7c72 or 7iii7 any procedure undertaken because the individual suffers from a physical disorder1 physical injury1 or physical illness that would1 as certified by a physician1 place the individual in imminent danger of death or impairment of major bodily function unless the procedure is performed4 7#b7 ,hospital ,the term hospital has the meaning given such term in section #ahfa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7e774 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,medical practitioner ,the term medical practitioner means a person who is licensed1 certified1 or otherwise authorized by the laws of a ,state to administer health care in the ordinary course of the practice of the person's profession4 7#e7 ,minor ,the term minor means an individual who has not yet reached #ah years of age4 7#f7 ,pediatric gender clinic ,the term pediatric gender clinic means a medical facility that specializes in the diagnosis or treatment of gender discordance and gender dysphoria in minors1 including medical interventions such as therapeutic diagnosis of gender dysphoria and performance of 7or referral for7 gender-transition procedures on minors4 7b7 ,liability ,the following individuals and entities shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health 7including any physical1 psychological1 emotional1 or physiological harm7 that is attributable1 in whole or in part1 to a gender-transition procedure performed on the individual when the individual was a minor3 7#a7 ,a pediatric gender clinic where the gender-transition procedure was provided4 7#b7 ,any medical practitioner who administered health care1 at the time of the particular procedure1 at the pediatric gender clinic where the gender-transition procedure was provided4 7#c7 ,an institution of higher education that hosts1 operates1 partners with1 provides funding to1 or is otherwise affiliated with the pediatric gender clinic where the gender-transition procedure was provided4 7#d7 ,a hospital that hosts1 operates1 partners with1 provides funding to1 or is otherwise affiliated with the pediatric gender clinic where the gender-transition procedure was provided4 7#e7 ,any medical practitioner who performed the gender-transition procedure on the individual4 7c7 ,private right of action ,an individual who suffers bodily injury or harm to mental health that is attributable1 in whole or in part1 to a gender-transition procedure provided to the individual when the individual was a minor may1 not later than #cj years after the date on which the individual turns #ah years of age1 bring a civil action against an individual or entity described in subsection 7b71 in an appropriate district court of the ,united ,states or a ,state court of competent jurisdiction for-- 7#a7 compensatory damages2 7#b7 punitive damages2 and 7#c7 attorney's fees and costs4 7d7 ,affirmative defense ,it shall be an affirmative defense to an action brought by or on behalf of an individual upon whom a gender-transition procedure was performed under subsection 7c7 that the pediatric gender clinic or medical practitioner who performed the gender-transition procedure on the individual1 at all relevant times1 did not know and had no reason to know that the individual in question was a minor4 #c4 ,prohibition on funding ,no ,federal funds may be made available-- 7#a7 to a pediatric gender clinic2 7#b7 to an institution of higher education or hospital that hosts1 operates1 partners with1 provides funding to1 or is otherwise affiliated with1 a pediatric gender clinic2 or 7#c7 for any gender-transition procedure performed on a minor4 #d4 ,effective date and retroactive application ,this ,act shall-- 7#a7 take effect on the date of enactment of this ,act2 and 7#b7 apply to any gender-transition procedure that took place before1 on1 or after the effective date under paragraph 7#a74 #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 the application of the remaining provisions of this ,act1 to any person or circumstance1 shall not be affected4