Childhood Genital Mutilation Prevention Act
- Bill Number
- H.R. 5592
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-09-26: 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
- 2025-11-18T18:18:12Z
AI-Generated Summary
Purpose
The legislation, titled the "Childhood Genital Mutilation Prevention Act," aims to ban gender-related medical treatments on individuals under 18 years old (minors). It seeks to criminalize such treatments under federal law, exclude them from Medicare coverage, and prohibit any federal funding for them, framing these procedures as harmful and equating them to mutilation.
Key Provisions
- Criminal Prohibition: Adds a new section (116A) to Chapter 7 of Title 18 of the U.S. Code, making it a federal crime to knowingly perform or attempt gender-related medical treatment on a minor. Penalties include fines and up to 10 years in prison. This applies if the act involves interstate or foreign commerce (e.g., travel, payments, communications, or tools across state lines) or occurs in federal jurisdictions like U.S. territories.
- Definition of Gender-Related Medical Treatment: Specifies treatments intended to address a minor's perception that their gender does not match their biological sex. For females, this includes surgeries like phalloplasty or mastectomy, testosterone doses, and puberty blockers (drugs that delay puberty, such as GnRH agonists). For males, it includes surgeries like vaginoplasty or breast augmentation, estrogen doses, and similar puberty blockers. Biological "sex" is defined strictly as male or female based on reproductive systems (e.g., sperm or egg production), excluding gender identity.
- Exceptions: Treatments are allowed if they address:
- Disorders of sex development (e.g., abnormal chromosomes or hormones confirmed by testing).
- Irresolvably ambiguous biological sex traits (e.g., both ovarian and testicular tissue).
- Infections, injuries, or disorders caused by prior gender-related treatments.
Minors receiving or seeking such treatment are not criminally liable.
- Medicare Restrictions: Amends the Social Security Act (effective 90 days after enactment) to:
- Exclude gender-related treatments for minors from Medicare coverage (except under the exceptions above).
- Terminate Medicare participation for any provider (e.g., doctors or hospitals) that performs such treatments on minors, and bar new enrollments for violators.
- Federal Funding Ban: Prohibits all federal funds (including from trust funds) from being used for gender-related treatments on minors or for health coverage that includes them.
Significant Changes to Existing Law
- New Federal Crime: Introduces a novel criminal offense in federal criminal code for gender-affirming care on minors, which was previously regulated (if at all) by state medical laws or professional guidelines, not federal criminal penalties.
- Medicare Amendments: Adds exclusions to Medicare's non-coverage list (Section 1862(a)) and provider participation rules (Section 1866), shifting from neutral coverage of medically necessary treatments to a specific ban on these procedures for minors.
- Broad Funding Prohibition: Expands beyond Medicare to all federal programs, overriding any prior allowances for such treatments in federally funded health plans (e.g., Medicaid, though not explicitly mentioned here).
Potential Impacts
- On Government Agencies: The Department of Justice would enforce the criminal provisions, potentially increasing federal prosecutions related to interstate medical travel or payments. The Department of Health and Human Services (HHS) would administer Medicare exclusions and funding bans, leading to administrative burdens like provider terminations and audits of federal health programs.
- On Citizens: Minors and families seeking gender-affirming care (e.g., hormone therapy or surgeries) would face nationwide barriers, possibly forcing reliance on non-federal or out-of-country options. Providers risk criminal charges, license issues, or loss of federal reimbursements, deterring such care. Adult Medicare beneficiaries are indirectly affected if providers alter practices broadly.
- On International Relations: Could impact U.S. relations with countries where such treatments are standard, potentially complicating medical tourism or diplomatic discussions on human rights and child welfare. No direct foreign aid or treaty effects are specified.
Main Stakeholders Affected
- Minors and Families: Primary targets, as the bill restricts access to treatments for gender dysphoria (distress from mismatch between gender identity and assigned sex at birth).
- Healthcare Providers: Doctors, surgeons, hospitals, and suppliers face criminal, civil, and financial penalties for providing care.
- Federal Health Programs: Medicare participants and administrators, plus broader federal grantees (e.g., in public health or military health systems).
- Advocacy Groups: Organizations supporting transgender rights may challenge the law, while child protection advocates could support it.
- Insurers and States: Private insurers with federal ties and state health departments may need to adjust policies to comply.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Relies on the interstate commerce clause to federalize what is often a state-regulated medical issue, potentially leading to lawsuits over jurisdiction. Definitions of "sex" and "gender" could conflict with existing anti-discrimination laws (e.g., those protecting gender identity under Title IX).
- Constitutional Implications: May face challenges on grounds of equal protection (treating transgender minors differently), substantive due process (interfering with parental or medical decisions), or federalism (overreaching into state authority over healthcare). The strict biological sex definition could raise free speech concerns if it limits discussions of gender identity in medical contexts.
- Political Implications: Positions the issue as child protection against "mutilation," likely sparking debates on transgender youth rights versus safeguarding minors from irreversible procedures. As an introduced bill (not yet law), it reflects partisan divides and could influence state-level bans or elections.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Rep. Burchett, Tim [R-TN-2], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Boebert, Lauren [R-CO-4], Rep. Gosar, Paul A. [R-AZ-9]
Recent Actions
- 2025-09-26: 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.
- 2025-09-26: 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.
- 2025-09-26: 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.
- 2025-09-26: Introduced in House
- 2025-09-26: Introduced in House
Bill Versions
- Childhood Genital Mutilation Prevention Act — issued 2025-09-26 — PDF (11 pages)