S2357-118

Introduced

To amend chapter 110 of title 18, United States Code, to prohibit gender-affirming care on minors, and for other purposes.

118th Congress Introduced Jul 18, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill creates a comprehensive federal prohibition on gender-affirming care for individuals under 18. It makes it a federal crime (punishable by up to 12 years in prison) for healthcare providers to perform such procedures on minors, prohibits all federal funding for gender-affirming care regardless of age, and restricts health insurance tax credits for plans that cover such care.

Who Benefits and How

Social conservative advocacy groups achieve their policy goal of restricting access to gender transition services. Private healthcare insurers may see reduced claims if fewer providers offer these services. Religious healthcare organizations gain clearer legal standing to refuse these services.

Who Bears the Burden and How

Healthcare providers (physicians, surgeons, endocrinologists) who currently provide gender-affirming care to minors face criminal prosecution and up to 12 years imprisonment. Transgender minors and their families lose access to federally-funded care and face reduced insurance options. Medical schools and teaching hospitals lose federal education funding if they teach these procedures. Foreign-born healthcare providers who have performed these procedures face deportation or inadmissibility.

Key Provisions

  • Creates federal felony (12 years max) for performing gender-affirming care on minors
  • Bans all federal funding (Medicare, Medicaid, CHIP) for gender-affirming care at any age
  • Disqualifies health plans covering gender-affirming care from ACA premium tax credits
  • Bars higher education institutions from federal funding if they teach gender-affirming care
  • Makes performing such care grounds for immigration inadmissibility and deportation

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Prohibits gender-affirming care for minors by creating federal criminal penalties, banning federal funding, restricting tax credits, and imposing immigration consequences

Key Policy Areas

Healthcare, Criminal Justice, Immigration, Education, Taxation

Primary Purpose

Prohibits gender-affirming care for minors by creating federal criminal penalties, banning federal funding, restricting tax credits, and imposing immigration consequences

Policy Domains

Healthcare Criminal Justice Immigration Education Taxation

Title I - Criminal Prohibition

Identified Gains
Contextual inference, no direct clause citation
  • Social conservative advocacy organizations
  • Religious healthcare organizations
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Physicians and surgeons providing gender-affirming care
  • Transgender minors
  • Families of transgender minors
  • Hospitals and clinics
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title II - Federal Funding Prohibition

Identified Gains
Contextual inference, no direct clause citation
  • Federal budget (reduced healthcare expenditures)
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Medicare beneficiaries seeking gender-affirming care
  • Medicaid beneficiaries
  • Veterans using VA healthcare
  • Federal employees
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title IV - Education and Immigration

Identified Gains
Contextual inference, no direct clause citation
  • Educational institutions not offering such instruction
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Medical schools teaching gender-affirming procedures
  • Foreign-born physicians who have provided such care
  • Teaching hospitals
  • Accreditation agencies
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title III - ACA Tax Credit Restrictions

Identified Gains
Contextual inference, no direct clause citation
  • Health insurers not covering gender-affirming care (competitive advantage)
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Health insurers covering gender-affirming care
  • ACA marketplace consumers seeking coverage
  • Small employers using 45R tax credit
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Jul 18, 2023

Mr. Vance introduced the following bill; which was read twice …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Offices Of Physicians
7 mentions across 6 clauses
+1 positive -6 negative

Endocrinologists treating gender dysphoria in minors, Federal employees providing healthcare, Healthcare providers billing Medicare for gender-affirming services

Positive-direction: Healthcare providers treating complications

Negative-direction: Endocrinologists treating gender dysphoria in minors, Federal employees providing healthcare, Healthcare providers billing Medicare for gender-affirming services, Healthcare providers billing federal programs for gender-affirming care, Healthcare providers performing gender-affirming care, Physicians and surgeons providing gender-affirming care to minors

Healthcare
5 mentions across 3 clauses
-5 negative

Hospitals and clinics offering gender transition services, Indian Health Service facilities, Military healthcare facilities

Individual And Family Services
4 mentions across 4 clauses
+2 positive -2 negative

ACA marketplace consumers with subsidized plans, Individuals seeking privately-funded coverage, Minors receiving gender-affirming care

Positive-direction: Minors receiving gender-affirming care, Patients experiencing complications from prior procedures

Negative-direction: ACA marketplace consumers with subsidized plans, Individuals seeking privately-funded coverage

Financial Services
4 mentions across 4 clauses
+2 positive -2 negative

Health insurers offering plans with gender-affirming care coverage, Health insurers selling ACA marketplace plans, Non-federal health insurers

Positive-direction: Non-federal health insurers, Private health insurers offering gender-affirming care coverage

Negative-direction: Health insurers offering plans with gender-affirming care coverage, Health insurers selling ACA marketplace plans

Education
3 mentions across 1 clause
-3 negative

Faculty members teaching gender medicine, Medical schools and teaching hospitals, Nursing programs and allied health schools

Government
3 mentions across 3 clauses
-3 negative

Federal employees with FEHB coverage, OPM managing multi-state plans, State governments contracting for health coverage

Business Associations
1 mention across 1 clause
-1 negative

Accreditation agencies for medical education

Manufacturing
1 mention across 1 clause
-1 negative

Pharmaceutical companies producing puberty blockers and hormone therapies

13/17
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Healthcare Criminal Justice
Domains
Healthcare Taxation
Domains
Healthcare Taxation
Actor Mappings
"the_director"
→ Director of Office of Personnel Management
Domains
Education Immigration

Key Definitions

Terms defined in this bill

3 terms
"biological sex" §101(a)(1)

The indication of male or female sex by reproductive potential or capacity, sex chromosomes, naturally occurring sex hormones, gonads, or internal or external genitalia present at birth

"gender-affirming care" §101(a)(2)

Surgeries, hormone treatments, and puberty blockers performed to change the body to correspond to a sex different from biological sex, with exceptions for intersex conditions and medical emergencies

"minor" §101(a)(3)

Any individual under the age of 18 years

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology