Gender transition procedures on minors

(a) Prohibition (1) In general No person may, in any circumstance described in paragraph (2), knowingly perform, attempt to perform, conspire to perform, or otherwise aid or abet the performance of any gender transition procedure on a minor. (2) Circumstances described A circumstance referred to in paragraph (1) is any of the following: (A) The person, or the minor on whom the gender transition procedure was performed, attempted to be performed, or conspired to be performed or on whom the performance of any gender transition procedure was aided or abetted, traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in paragraph (1). (B) The person, or the minor on whom the gender transition procedure was performed, attempted to be performed, or conspired to be performed or on whom the performance of any gender transition procedure was aided or abetted, used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in paragraph (1). (C) A payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in paragraph (1), using any means, channel, facility, or instrumentality of interstate or foreign commerce or in interstate or foreign commerce. (D) The person, or the minor on whom the gender transition procedure was performed, attempted to be performed, or conspired to be performed or on whom the performance of any gender transition procedure was aided or abetted, transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in paragraph (1) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission. (E) Any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in paragraph (1). (F) The conduct described in paragraph (1) occurred within the special maritime and territorial jurisdiction of the United States or any territory or possession of the United States. (G) The conduct described in paragraph (1) otherwise occurred in interstate or foreign commerce. (3) Knowingly For purposes of paragraph (1), a person acts knowingly when— (A) the person has actual knowledge of the facts giving rise to the violation of the prohibition described in paragraph (1); or (B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. (4) Application to work arrangements (A) In general A violation of paragraph (1)— (i) by an employee acting in the scope of their employment for an employer shall also be considered a violation of such paragraph by such employer; or (ii) by any other individual who is engaged by a person for the performance of labor or services for remuneration and who is acting in the scope of their performance of such labor or services for such person shall also be considered a violation of such paragraph by such person. (B) Liability (i) Employee violations In the case of a violation that is described in subparagraph (A)(i), the employee and the employer described in such subparagraph shall be jointly and severally liable for any civil penalty under subsection (b) and any private right of action under subsection (c). (ii) Other worker violations In the case of a violation that is described in subparagraph (A)(ii), the individual and person described in such subparagraph shall be jointly and severally liable for any civil penalty under subsection (b) and any private right of action under subsection (c). (b) Civil monetary penalties (1) In general The Secretary may impose a civil monetary penalty on any person upon making a determination, after written notice and an opportunity for a hearing, that the person has violated a requirement of subsection (a)(1). (2) Amount of civil monetary penalties (A) In general The amount of a civil monetary penalty under paragraph (1) shall be not less than $100,000 for each violation. (B) Penalty considerations In determining the amount of a civil monetary penalty under this subsection, the Secretary shall consider— (i) the nature, circumstances, extent, and gravity of the violation; and (ii) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on the ability to continue to do business. (3) Civil action to collect (A) In general The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil monetary penalty under this subsection and any accrued interest on the civil monetary penalty as assessed by the Secretary. In such a civil action, the amount and appropriateness of the civil monetary penalty shall not be subject to review. (B) Compromise The Secretary may compromise the amount of a civil monetary penalty imposed under this subsection before referral to the Attorney General under subparagraph (A), on the condition that such amount shall be not less than $100,000. (4) Liability for procedures required as a matter of standard practice It shall not be a defense in a hearing under this subsection that gender transition procedures are required as a matter of standard practice. (5) Prohibition on imposition of civil monetary penalty on a person on whom procedures are performed No person on whom a gender transition procedure is performed, attempted to be performed, or conspired to be performed or on whom the performance of any gender transition procedure was aided or abetted in violation of subsection (a)(1), and no parent, guardian, or caretaker of such a person, may be held liable for a civil monetary penalty under this subsection. (6) Depositing amounts collected (A) In general Amounts collected under this subsection shall be deposited in the fund established under subparagraph (B). (B) Establishment of Fund (i) In general There is established in the Treasury of the United States a fund, to be known as the Victims of Gender Transition Procedures Compensation Fund, which shall consist of amounts deposited in the fund pursuant to subparagraph (A). (ii) Availability of funds Amounts in the fund established under clause (i) shall be made available for expenditure for fiscal year 2026 and each fiscal year thereafter, without further appropriation or fiscal year limitation for expenditure by the Secretary to carry out section 4. (c) Private civil action (1) In general An individual on whom a gender transition procedure is performed in violation of subsection (a)(1), or the parent, guardian, or caretaker of such an individual if such individual is a minor, may bring a civil action in an appropriate district court of the United States against any person in violation of subsection (a)(1) for damages, including damages described in paragraph (3). (2) Availability A cause of action described in paragraph (1) shall be available regardless of whether the alleged violation occurred before, on, or after the date of enactment of this Act. (3) Damages Damages referred to in paragraph (1) include— (A) compensatory damages, including all economic damages associated with undoing, correcting, or ameliorating the effects or results of any gender transition procedure; (B) non-economic damages for emotional distress and pain and suffering; and (C) punitive damages, if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently, or recklessly. (d) Penalty for obstruction of investigations (1) In general The Secretary may impose a civil penalty on any person who obstructs or prevents the Secretary from carrying out an investigation into an alleged violation of subsection (a)(1). (2) Definition of obstruct In this subsection, the term obstruct means to take an action that was known, or reasonably should have been known, to prevent, hinder, or impede an investigation. (e) Rules of construction (1) In general In any proceeding described in subsection (b) or (c) any ambiguities shall be resolved against any person found to be in violation of subsection (a)(1). (2) Health care professionals In any proceeding described in subsection (b) or (c) against a health care professional, if a gender transition procedure of a minor is shown to have occurred before the date of enactment of this Act, limited deference shall be given to prevailing standards of care in effect at such time, to the extent that such standards of care contradict the intent of this Act and it is shown that such health care professional knew or should have known that such standards of care were in serious, scientific, and medical dispute at the time of the gender transition procedure. (3) No liability for minors Nothing in this Act shall be construed to impose any liability whatsoever on a minor who is the individual on whom a gender transition procedure is performed, attempted to be performed, or conspired to be performed or on whom the performance of any gender transition procedure was aided or abetted. (f) Effect Nothing in this Act— (1) establishes a private right of action based on counseling, referrals to mental health professionals, or discussions of treatment options (including counseling, referrals, or options available upon reaching adulthood) provided by health care professionals or mental health professionals or against health care professionals or mental health professionals based on circumstances not described in subsection (a)(2), on the condition that such actions do not constitute participation in a gender transition procedure; (2) prohibits a health care professional or mental health professional from providing information about all available treatment options, discussing risks and benefits, or expressing professional medical opinions, so long as such actions do not constitute participation in a gender transition procedure; or (3) waives liability for a health care professional. (g) Statute of limitations An action under subsection (c) may be brought within 25 years from the date of the eighteenth birthday of an individual on whom a gender transition procedure is performed as a minor or within 4 years from the time the cost of a detransition treatment is incurred, whichever date is later. (h) Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be or made invalid, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.