End Taxpayer Funding of Gender Experimentation Act of 2025
- Bill Number
- H.R. 2202
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-03-18: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-12-05T21:50:22Z
AI-Generated Summary
Purpose
The "End Taxpayer Funding of Gender Experimentation Act of 2025" (H.R. 2202) aims to prevent the use of federal taxpayer funds for procedures related to gender transition, defined as medical interventions to change a person's physical characteristics to align with a self-identified gender different from their biological sex. It seeks to ensure that such procedures are not covered or provided through federally funded health programs, while allowing private funding options.
Key Provisions
- Ban on Federal Funding (Title I, Sec. 101):
- Adds a new Chapter 4 to Title 1 of the U.S. Code, prohibiting the expenditure of any federal funds (including from trust funds) on gender transition procedures.
- Prohibits federal funds for health benefits plans that include coverage for these procedures.
- Bars federal health facilities (e.g., those run by the government) and federal employees from providing such procedures.
- Exceptions and Clarifications (Title I, Secs. 304–306):
- Allows individuals, states, or localities to purchase separate coverage for gender transition procedures using only non-federal funds (e.g., private or state money), without using federal matching funds like those for Medicaid.
- Permits non-federal health providers to offer such coverage if paid entirely with non-federal funds.
- Does not apply to treating medical complications (e.g., infections or injuries) arising from gender transition procedures.
- Excludes certain cases, such as treatments for congenital disorders of sex development (conditions where a person's reproductive or sexual anatomy doesn't develop as typical), precocious puberty in minors, male circumcision, or life-saving procedures for physical illnesses.
- Definitions (Title I, Sec. 307):
- Sex: Biologically determined as male or female based on reproductive systems (e.g., egg or sperm production).
- Male/Female: Defined by natural reproductive biology, accounting for anomalies or disruptions.
- Gender Transition Procedure: A broad list of hormonal (e.g., puberty blockers, high-dose hormones) and surgical interventions (e.g., mastectomy, hysterectomy, phalloplasty, vaginoplasty, and cosmetic surgeries to alter facial or body features). Excludes treatments for medical disorders or emergencies.
- Application to Affordable Care Act (ACA) (Title II, Sec. 201):
- Amends the Internal Revenue Code to deny premium tax credits, cost-sharing reductions, and small employer health insurance credits for health plans covering gender transition procedures.
- Allows separate, unsubsidized plans for such coverage.
- Requires multi-state health plans under the ACA to comply with the funding ban.
- Effective one year after enactment, applying to plan years starting after that date.
Significant Changes to Existing Law
- Introduces a new federal prohibition in U.S. Code (Title 1, Chapter 4) specifically targeting gender transition procedures, which were previously eligible for funding under programs like Medicaid, Medicare, TRICARE, and ACA marketplaces if deemed medically necessary.
- Modifies tax provisions in the Internal Revenue Code (Sections 36B and 45R) to exclude subsidies for plans covering these procedures, altering how federal incentives support health insurance.
- Updates ACA rules (via Public Law 111-148) to enforce compliance in exchanges and multi-state plans, shifting from prior allowances for such coverage in federally subsidized insurance.
Potential Impacts
- On Government Agencies: Agencies like the Department of Health and Human Services (HHS), Veterans Affairs (VA), and the Internal Revenue Service (IRS) would need to revise policies, billing, and enforcement to exclude funding, potentially increasing administrative costs and legal reviews.
- On Citizens: Transgender individuals relying on federal programs (e.g., low-income via Medicaid or marketplace subsidies) may lose access to covered gender transition care, forcing reliance on private insurance or out-of-pocket payments. Others unaffected by federal programs would see no direct change.
- On International Relations: No direct impacts mentioned; the bill focuses on domestic federal funding and does not address foreign aid or global health policies.
Main Stakeholders Affected
- Transgender and Gender-Nonconforming Individuals: Primary group impacted, as they may face barriers to affordable care through federal channels.
- Healthcare Providers and Facilities: Federal employees and government-run clinics cannot offer these services; private providers may need to separate billing for non-federal funds.
- Federal and State Governments: HHS, IRS, and states administering Medicaid must implement changes, potentially straining budgets or requiring new contracts.
- Health Insurers and Employers: Insurers offering ACA plans or small business coverage must adjust offerings to avoid losing subsidies; employers could lose tax credits for inclusive plans.
- Advocacy Groups: Organizations for LGBTQ+ rights, medical associations (e.g., American Medical Association), and conservative policy groups would be directly engaged in debates or litigation.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill's detailed definitions of "sex" and procedures could invite challenges under anti-discrimination laws (e.g., Section 1557 of the ACA, prohibiting bias in health programs). Courts may scrutinize exclusions for consistency with medical standards.
- Constitutional Implications: Potential violations of equal protection (14th Amendment) or due process if seen as denying care based on gender identity; contrasts with Supreme Court precedents like Bostock v. Clayton County (2020), which extended protections to transgender people under Title VII (employment discrimination, with parallels to health).
- Political Implications: Reinforces debates on gender identity and federal spending; likely to polarize Congress and the public, with supporters viewing it as fiscal responsibility and opponents as discriminatory. Referral to multiple committees (Energy and Commerce, Judiciary, Ways and Means) signals broad jurisdictional review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (23)
Rep. Miller, Mary E. [R-IL-15], Rep. Tenney, Claudia [R-NY-24], Rep. Bost, Mike [R-IL-12], Rep. Gosar, Paul A. [R-AZ-9], Rep. Biggs, Sheri [R-SC-3], Rep. Harris, Andy [R-MD-1], Rep. Ezell, Mike [R-MS-4], Rep. Gill, Brandon [R-TX-26], Rep. Luna, Anna Paulina [R-FL-13], Rep. Nehls, Troy E. [R-TX-22], Rep. Boebert, Lauren [R-CO-4], Rep. Aderholt, Robert B. [R-AL-4], Rep. Ogles, Andrew [R-TN-5], Rep. Grothman, Glenn [R-WI-6], Rep. Rouzer, David [R-NC-7], Rep. Roy, Chip [R-TX-21], Rep. Onder, Robert F. [R-MO-3], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Taylor, David J. [R-OH-2], Rep. McGuire, John J. [R-VA-5], Rep. Westerman, Bruce [R-AR-4], Rep. Stauber, Pete [R-MN-8], Rep. Self, Keith [R-TX-3]
Recent Actions
- 2025-03-18: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-18: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-18: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-18: Introduced in House
- 2025-03-18: Introduced in House
Bill Versions
- End Taxpayer Funding of Gender Experimentation Act of 2025 — issued 2025-03-18 — PDF (14 pages)