H.R. 2387

119th CONGRESS 1st Session

To prohibit Federal funds from being used for sex-trait altering treatments for minors, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · March 26, 2025 · Sponsor: Mr. Onder

H.R. 2387

SEC. 1. Short title

This Act may be cited as the No Harm Act.

SEC. 2. Prohibition on use of Federal funds for certain treatments

(a) In general
- Notwithstanding any other provision of law, no Federal funds may be made available for purposes of paying for, sponsoring, promoting, assisting, or supporting the furnishing of a sex-trait altering treatment to a minor.
(b) Civil action
- Any person, including a taxpayer, may bring a civil action for violation of subsection (a) for legal damages and equitable relief against the United States, or the appropriate Department or Agency disbursing federal funds in violation of subsection (a), in an appropriate district court of the United States.

SEC. 3. Prohibition on use of Federal funds for certain actions

(a) In general
- Notwithstanding any other provision of law, no Federal funds may be made available for purposes of taking any regulatory or subregulatory action to promote sex-trait altering treatments to minors.
(b) Civil action
- Any person, including a taxpayer, may bring a civil action for violation of subsection (a) for legal damages and equitable relief against the United States, or the appropriate Department or Agency disbursing federal funds in violation of subsection (a), in an appropriate district court of the United States.

SEC. 4. Female genital mutilation to include provision of sex-trait altering treatment to minors

Section 116 of title 18, United States Code, is amended by adding at the end the following: . For the purpose of subsection (b)(1), the phrase “necessary to the health of the person” shall not include change of gender or sex, or affirmation of gender or sex.

SEC. 5. Prohibition on funding certain institutions

Notwithstanding any other provision of law, no Federal funds may be made available to a medical institution (including a hospital, medical school, clinic, public health organization, federally qualified health center, rural health center, or medical practice) if such institution provides sex-trait altering treatments to minors.

SEC. 6. Right to decline treatments

(a) In general
- The parent of a minor shall have the right to decline any sex-trait altering treatment for such minor. Likewise, no specified Federal funds shall be made available to a State that has in place a policy to provide sex-trait altering treatment for a minor without the consent of both parents.
(b) State requirement
- (1) In general
  - No specified Federal funds may be made available to a State that has in place a policy to separate a minor from such minor’s parent based solely on such parent’s refusal to consent to a sex-trait altering treatment for such minor.
- (2) Specified Federal funds defined
  - For purposes of this section, the term means Federal funds made available under title XIX of the Social Security Act () or under part A of title IV of such Act (). specified Federal funds 42 U.S.C. 1396 et seq.; 42 U.S.C. 601 et seq.
(c) Civil action
- (1) In general
  - A minor or a parent of a minor who is harmed by a violation of this section may bring a civil action against the United States and against any State with a policy in place in violation of this section in an appropriate district court of the United States to obtain appropriate relief.
- (2) Statute of limitations
  - An action under this subsection may be brought at any time prior to 30 years after the date on which the minor attains the age of majority.

(a) In general
- No health care provider may furnish any sex-trait altering treatment to a minor unless, at least 72 hours prior to furnishing such treatment, such provider—
  - holds a consultation appointment with the parents of such minor to discuss such treatment;
  - provides to the parents of such minor a complete, printed list of potential side effects of such treatment, including any permanent risks relating to fertility and sexual function; and
  - received the written, informed consent of the parents of such minor for such treatment.
(b) Civil action
- (1) In general
  - A minor or a parent of a minor who is harmed by a violation of this section may bring a civil action against the health care provider in an appropriate district court of the United States to obtain appropriate relief.
- (2) Statute of limitations
  - An action under this subsection may be brought at any time prior to 30 years after the date on which the minor attains the age of majority.

SEC. 8. Medical malpractice liability

(a) In general
- An individual may bring a civil action in an appropriate district court of the United States to obtain appropriate relief for any physical, psychological, or physiological harm caused by a sex-trait altering treatment performed on the individual when the individual was a minor against a medical practitioner, hospital, clinic, surgery center or other provider that performed or prescribed such treatment. If said civil action is successful, the individual will be awarded attorney’s fees and litigation costs, and treble damages.
(b) Statute of limitations
- An action under this subsection may be brought at any time prior to 30 years after the date on which the minor attains the age of majority.

SEC. 9. Right of conscience for health care providers

Right of conscience for health care providers
(a) In general
- A health care provider may not be penalized, retaliated against, or otherwise discriminated against on the basis that the provider does not or declines to—
  - perform, refer for, pay for, or otherwise participate in sex-trait altering treatment;
  - provide or sponsor sex-trait altering treatment coverage; or
  - facilitate or make arrangements for sex-trait altering treatment.
(b) State requirement
- (1) In general
  - No specified Federal funds (as defined in paragraph (2)) may be made available to a State that requires a health care provider to provide sex-trait altering treatments.
- (2) Specified Federal funds defined
  - For purposes of this subsection, the term means any Federal funds made available under a program administered by the Department of Health and Human Services. specified Federal funds
(c) Civil action
- A health care provider who is harmed by a violation of subsection (a) may, in a civil action, obtain all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages to prevent the occurrence, continuance, or repetition of such violation and to compensate for losses resulting from the violation.
(d) Definition
- The term includes— health care provider
  - an individual physician, health care assistant, nurse, pharmacist, health researcher, or other health care personnel;
  - a hospital, laboratory, pharmacy, health system, or other health care or medical research facility or organization (including a party to a proposed merger or other collaborative arrangement relating to health services, and an entity resulting therefrom);
  - a provider-sponsored organization, an accountable care organization, or a health maintenance organization;
  - a social services provider that provides or authorizes referrals for health care services;
  - a program of training or education in the health professions or medical research, a participant in such a program, or any individual applying or otherwise aspiring to participate in such a program;
  - an issuer of health insurance coverage or of a health plan;
  - a health care sharing ministry;
  - a health insurance plan, including group, individual, or student health plans, or a sponsor or administrator thereof; and
  - any other health care organization, program, facility, or plan.

(a) In general
- Notwithstanding any other provision of law, no Federal funds may be provided to an elementary school or secondary school that allows school personnel to provide, assist in providing, or otherwise support the provision of sex-trait altering treatment to a student without notifying the parents of the student and receiving written approval from such parents.
(b) Definitions
- In this section:
  - The terms , , , , , and have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (). paraprofessional parent school leader secondary school elementary school,specialized instructional support personnel 20 U.S.C. 7801
  - The term includes— school personnel

SEC. 11. Definitions

In this Act:
- The term means any medical or surgical service, including physician’s services, practitioner’s services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, other than an excepted service, that seeks to: sex-trait altering treatment
- The term means the biological indication of being male or female, including sex chromosomes, and naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth.
- The term means testosterone, estrogen, or progesterone given to an individual in an amount greater than would normally be produced endogenously in a healthy individual of that individual’s age and sex. gender transition hormone therapy
- The term means the psychological, behavioral, social, and cultural aspects of being male or female. gender
- The term means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual’s sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s sex, including genital gender reassignment surgery or nongenital gender reassignment surgery knowingly performed for the purpose of assisting an individual with a gender transition.
- The term means the process in which an individual shifts from identifying with and living as a gender that corresponds to his or her sex to identifying with and living as a gender different from his or her sex, and may involve social, legal, or physical changes. gender transition
- The term means a medical procedure knowingly performed for the purpose of assisting an individual with a gender transition, including the following: genital gender reassignment surgery
- The term means medical procedures knowingly performed for the purpose of assisting an individual with a gender transition, including the following: nongenital gender reassignment surgery
- The term means the following when used for the purpose of assisting an individual with a gender transition. puberty blocking drugs
- The term means any of the following: excepted service
- The term means an individual under 18 years of age. minor