H.R. 8573: Safeguarding The Overall Protection of Minors Act

This bill, known as the Safeguarding the Overall Protection of Minors Act, aims to prohibit gender transition procedures for individuals under the age of 18. Below are its main components:

Definitions

The bill defines several key terms:

• Caretaker: An adult, not a biological parent, who is responsible for a child's care.
• Detransition treatment: Any treatment aimed at reversing the effects of a prior gender transition.
• Gender transition: The process of making changes to one's physical sex characteristics to align with one's gender identity.
• Gender transition procedure: Includes various medical interventions such as hormone therapy, surgeries, and related treatments aimed at transitioning a minor's gender.
• Minor: An individual under the age of 18.
• Secretary: The Secretary of Health and Human Services.

Prohibition on Gender Transition Procedures

The bill prohibits any person from knowingly performing or attempting to perform any gender transition procedure on a minor. This includes:

• Providing hormonal or surgical interventions for gender transition.
• Assisting or encouraging such procedures in any manner.

It also specifies that the prohibition applies if the act occurs in various contexts, such as involving interstate commerce or medical practices across state lines.

Civil Penalties

The Secretary of Health and Human Services is authorized to impose civil penalties against individuals or entities that violate the prohibition. The penalties include:

• A minimum fine of $100,000 for each violation.
• Consideration of factors like the severity of the violation and the violator's previous record when determining penalties.

Private Civil Action

Individuals who undergo prohibited procedures, or their guardians, can file civil lawsuits against violators. Damages may include:

• Compensatory damages to cover the costs of undoing the effects of the transition.
• Emotional distress damages.
• Punitive damages if the actions are shown to be malicious or reckless.

Victim Support and Grant Program

The bill establishes a grant program aimed at supporting those seeking to reverse gender transition procedures. Eligible entities can receive funds to provide:

• Medical advice and care for detransition.
• Education and employment assistance.
• Mental health and substance use services.

However, organizations involved in gender transition procedures or abortions (with certain exceptions) cannot receive grants.

Investigation and Obstruction Penalties

The Secretary may impose penalties on individuals obstructing investigations regarding violations of this act. This includes actions that hinder investigations into gender transition procedures performed unlawfully.

Statute of Limitations

A civil action under this bill can be initiated up to 25 years after an individual’s 18th birthday or within four years of incurring costs for detransition treatments, whichever is longer.

Severability Clause

If any part of this bill is found to be invalid, it will not affect the validity of the remaining provisions.

Relevant Companies

• AMGN (Amgen Inc.): As a biotechnology company, it may be affected due to potential impacts on its products related to hormone therapies.
• PFE (Pfizer Inc.): This pharmaceutical company produces medications that could be implicated in gender transition procedures.
• JNJ (Johnson & Johnson): This company’s medical devices and hormone treatments could be influenced by the restrictions imposed by this bill.