H.R. 3492

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3492 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3492

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 18, 2025

Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

AN ACT

To amend section 116 of title 18, United States Code, with respect to 
genital and bodily mutilation and chemical castration of minors.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protect Children's Innocence Act''.

SEC. 2. GENITAL AND BODILY MUTILATION OF A MINOR; CHEMICAL CASTRATION 
OF A MINOR.

(a) In General.--Section 116 of title 18, United States Code, is 
amended to read as follows:
``Sec. 116. Genital and bodily mutilation of a minor; chemical 
castration of a minor
``(a) Genital or Bodily Mutilation.--Except as provided in 
subsection (g), whoever, in any circumstance described in subsection 
(d), knowingly performs, or attempts to perform, genital or bodily 
mutilation on another person who is a minor, shall be fined under this 
title, imprisoned not more than 10 years, or both.
``(b) Chemical Castration of a Minor.--Except as provided in 
subsection (g), whoever, in any circumstance described in subsection 
(d), knowingly chemically castrates a minor shall be fined under this 
title, imprisoned not more than 10 years, or both.
``(c) Certain Offense Related to Female Genital Mutilation.--Except 
as provided in subsection (g), whoever, in any circumstance described 
in subsection (d), knowingly--
``(1) facilitates or consents to female genital mutilation 
of a minor; or
``(2) transports a minor for the purpose of the performance 
of female genital mutilation on such minor,
shall be fined under this title, imprisoned not more than 10 years, or 
both.
``(d) Circumstances Described.--For the purposes of subsections (a) 
and (b), the circumstances described in this subsection are that--
``(1) the defendant or victim traveled in interstate or 
foreign commerce, or traveled using a means, channel, facility, 
or instrumentality of interstate or foreign commerce, in 
furtherance of or in connection with the conduct described in 
subsection (a) or (b);
``(2) the defendant used a means, channel, facility, or 
instrumentality of interstate or foreign commerce in 
furtherance of or in connection with the conduct described in 
subsection (a) or (b);
``(3) any payment of any kind was made, directly or 
indirectly, in furtherance of or in connection with the conduct 
described in subsection (a) or (b) using any means, channel, 
facility, or instrumentality of interstate or foreign commerce 
or in or affecting interstate or foreign commerce;
``(4) the defendant transmitted in interstate or foreign 
commerce any communication relating to or in furtherance of the 
conduct described in subsection (a) or (b) using any means, 
channel, facility, or instrumentality of interstate or foreign 
commerce or in or affecting interstate or foreign commerce by 
any means or in manner, including by computer, mail, wire, or 
electromagnetic transmission;
``(5) any instrument, item, substance, or other object that 
has traveled in interstate or foreign commerce was used to 
perform the conduct described in subsection (a) or (b);
``(6) the conduct described in subsection (a) or (b) 
occurred within the special maritime and territorial 
jurisdiction of the United States, or any territory or 
possession of the United States; or
``(7) the conduct described in subsection (a) or (b) 
otherwise occurred in or affected interstate or foreign 
commerce.
``(e) Prohibition on Certain Defense.--It shall not be a defense to 
a prosecution under subsection (a) that female genital mutilation is 
required as a matter of religion, custom, tradition, ritual, or 
standard practice.
``(f) Prohibition on Prosecution of Victim.--No person who is 
chemically castrated or on whom genital or bodily mutilation is 
performed may be arrested or prosecuted for an offense under this 
section.
``(g) Exceptions.--
``(1) Procedures.--
``(A) In general.--Genital or bodily mutilation or 
chemical castration is not a violation of this section 
if such genital or bodily mutilation or chemical 
castration is--
``(i) necessary to the health of the minor 
on whom it is conducted, and is conducted by a 
person licensed in the place of such conduct as 
a medical practitioner; or
``(ii) in the case of female genital 
mutilation, performed on a minor in labor or 
who has just given birth and is performed for 
medical purposes connected with that labor or 
birth by a person licensed in the place it is 
performed as a medical practitioner, midwife, 
or person in training to become such a 
practitioner or midwife.
``(B) Health of a minor.--For the purposes of 
subparagraph (A), the health of a minor does not 
include--
``(i) mental, behavioral, or emotional 
distress; or
``(ii) a mental, behavioral, or emotional 
disorder.
``(2) Exemption.--Genital or bodily mutilation or chemical 
castration is not a violation of this section if such genital 
or bodily mutilation or chemical castration is conducted with 
respect to any of the following individuals:
``(A) An individual with both ovarian and 
testicular tissue.
``(B) An individual with respect to whom a 
physician has determined through genetic or biochemical 
testing that the individual does not have normal sex 
chromosome structure, sex steroid hormone production, 
or sex steroid hormone action.
``(C) An individual experiencing infection, 
disease, injury, or disorder caused or exacerbated by a 
previous genital or bodily mutilation procedure or 
chemical castration.
``(D) An individual suffering from a physical 
disorder, physical injury, or physical illness that 
would, as certified by a physician, place the 
individual in imminent danger of impairment of a major 
bodily function unless the procedure is performed.
``(E) An individual diagnosed with precocious 
puberty, to the extent such genital or bodily 
mutilation or chemical castration is for the purpose of 
normalizing puberty.
``(h) Definitions.--In this section:
``(1) Genital or bodily mutilation.--The term `genital or 
bodily mutilation' means, with respect to an individual, any of 
the following:
``(A) Female genital mutilation.
``(B) Any surgery performed for the purpose of 
changing the body of such individual to correspond to a 
sex that differs from their biological sex, including--
``(i) castration;
``(ii) orchiectomy;
``(iii) scrotoplasty;
``(iv) vasectomy;
``(v) hysterectomy;
``(vi) oophorectomy;
``(vii) ovariectomy;
``(viii) metoidioplasty;
``(ix) penectomy;
``(x) phalloplasty;
``(xi) vaginoplasty;
``(xii) vaginectomy;
``(xiii) vulvoplasty;
``(xiv) reduction thyrochondroplasty;
``(xv) chondrolaryngoplasty; and
``(xvi) mastectomy.
``(C) Any plastic surgery that feminizes or 
masculinizes the facial or other physiological features 
for the purposes described in subparagraph (B).
``(D) Any placement of chest implants to create 
feminine breasts for the purposes described in 
subparagraph (B).
``(E) Any placement of fat or artificial implants 
in the gluteal region for the purposes described in 
subparagraph (B).
``(F) Any surgery to reconstruct the fixed part of 
the urethra, whether or not such surgery includes a 
metoidioplasty or a phalloplasty, for the purposes 
described in subparagraph (B).
``(2) Chemical castration.-- The term `chemical castration' 
means administering, supplying, prescribing, dispensing, 
distributing, or otherwise conveying to an individual 
medications for the purposes described in paragraph (1)(B), 
including--
``(A) gonadotropin-releasing hormone (GnRH) 
analogues or other puberty-blocking drugs to stop or 
delay normal puberty;
``(B) testosterone or other androgens to biological 
females at doses that are supraphysiologic to the 
female sex; and
``(C) estrogen to biological males at doses that 
are supraphysiologic to the male sex.
``(3) Biological sex.--The term `biological sex' means, 
with respect to a person, the classification of the person as 
male or female at birth.
``(4) Female genital mutilation.--The term `female genital 
mutilation' means any procedure performed for non-medical 
reasons that involves partial or total removal of, or other 
injury to, the external female genitalia, and includes--
``(A) a clitoridectomy or the partial or total 
removal of the clitoris or the prepuce or clitoral 
hood;
``(B) excision or the partial or total removal 
(with or without excision of the clitoris) of the labia 
minora or the labia majora, or both;
``(C) infibulation or the narrowing of the vaginal 
opening (with or without excision of the clitoris); or
``(D) other procedures that are harmful to the 
external female genitalia, including pricking, 
incising, scraping, or cauterizing the genital area.
``(5) Minor.--The term `minor' means any person under the 
age of eighteen years.
``(6) Male.--The term `male' means a person who naturally 
has, had, will have, or would have, but for a congenital 
anomaly, historical accident, or intentional or unintentional 
disruption, the reproductive system that at some point 
produces, transports, and utilizes sperm for fertilization.
``(7) Female.--The term `female' means a person who 
naturally has, had, will have, or would have, but for a 
congenital anomaly, historical accident, or intentional or 
unintentional disruption, the reproductive system that at some 
point produces, transports, and utilizes eggs for 
fertilization.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of 
title 18, United States Code, is amended by striking the item related 
to section 116 and inserting the following:

``116. Genital and bodily mutilation of a minor; chemical castration of 
a minor.''.

Passed the House of Representatives December 17, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.