No Harm Act

Summary · Congressional Research Service (nonpartisan)

This bill prohibits federal funding for sex-trait altering treatment for minors, authorizes civil actions for harm caused by such procedures, and subjects certain procedures to potential criminal penalties. The bill defines sex-trait altering treatment as generally meaning medical treatment altering the physical or physiological characteristics of an individual’s biological sex (except for treating sexual development disorders, severe injuries, or injuries caused by sex-trait altering treatments). The bill prohibits federal funds for supporting sex-trait altering treatment for minors, government regulatory action promoting such treatment, medical institutions providing such treatment, and elementary or secondary schools allowing school personnel to provide or support such treatment without parental consent. The bill prohibits discrimination against, or penalization of, providers who decline to perform such treatment. Additionally, parents of a minor have a right to decline such treatment for the minor. States that require providers to furnish such treatment, or that do not require parental consent, may not receive certain federal funds. The bill establishes a private right of action against health care providers for harm caused by such treatment or for not obtaining parental consent. It also generally establishes a private right of action against individuals or entities that violate the bill's other provisions. Finally, the bill makes changes to the existing federal criminal prohibition on performing female genital mutilation on a minor. The bill specifies that the performance of sex-altering surgery on a minor is not considered medically necessary and thus may be subject to the applicable criminal penalties.