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William McHenry

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  1. IN THE SENATE OF THE UNITED STATES


    Mr. CROFT (for himself, Senator Patterson of Tennessee and Senator Morello of Idaho introduces_

     

    A BILL

     

    To impose legally penalties on medical professionals who perform gender reassignment surgeries on minors, and for other purposes.

     

    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 Health Act”.

     
    TITLE IGENDER-AFFIRMING CARE ON MINORS PROHIBITED
     

    SEC. 101. GENDER-AFFIRMING CARE ON MINORS PROHIBITED.

    Chapter 110 of title 18, United States Code, is amended—

    (1) by adding at the end the following:

    § 2260B. Gender-affirming care on minors

    “(a) In General.—Whoever, in any circumstance described in subsection (e), knowingly performs any gender-affirming care on a minor is guilty of a class C felony.

    “(b) Prohibition On Prosecution Of Person On Whom Intervention Is Performed.—No person on whom the gender-affirming care under subsection (a) is performed may be arrested or prosecuted for an offense under this section.

    “(c) Civil Action.—A person on whom gender-affirming care is performed under this section may bring a civil action for appropriate relief, including compensatory and punitive damages, against each person who performed the gender-affirming care.

    “(d) Definitions.—In this section:

    “(1) GENDER-AFFIRMING CARE.—

    “(A) IN GENERAL.—For purposes of this chapter, except as provided in subparagraph (B), the term ‘gender-affirming care’ means, with respect to an individual, any of the following:

    “(i) Performing any surgery 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.

    “(ii) Any plastic surgery that feminizes or masculinizes the facial features for the purposes described in clause (i).

    “(iii) Any placement of chest implants to create feminine breasts for the purposes described in clause (i).

    “(iv) Any placement of fat or artificial implants in the gluteal region for the purposes described in clause (i).

    “(v) Administering, supplying, prescribing, dispensing, distributing, or otherwise conveying to an individual medications for the purposes described in clause (i), including—

    “(I) gonadotropin-releasing hormone (GnRH) analogues or other puberty-blocking drugs to stop or delay normal puberty;

    “(II) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; and

    “(III) estrogen to biological males at doses that are supraphysiologic to the male sex.

    “(B) EXCEPTION.—Subparagraph (A) shall not apply to the following individuals:

    “(i) An individual with both ovarian and testicular tissue.

    “(ii) 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.

    “(iii) An individual experiencing infection, disease, injury, or disorder caused or exacerbated by previous gender transition procedures.

    “(iv) 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 death or impairment of a major bodily function unless the procedure is performed.

    “(2) BIOLOGICAL SEX.—The term ‘biological sex’ means 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.

    “(3) MINOR.—The term ‘minor’ means any person under the age of eighteen years.

    “(e) Circumstances Described.—For purposes of subsection (a), 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);

    “(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);

    “(3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) 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) 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);

    “(6) the conduct described in subsection (a) 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) otherwise occurred in or affected interstate or foreign commerce.

    “(f) Rule Of Construction.—Nothing in this section shall be construed as prohibiting provision of the medical services described in subsection (d)(1)(A) to address legitimate health issues, such as any male or female reproductive cancers, apart from changing the body to correspond to a sex that differs from one’s biological sex.”; and

    (2) by amending the table of sections for such chapter by adding at the end the following:


    “2260B. Gender-affirming care on minors.”.

     
    TITLE IIPROHIBITING FEDERALLY FUNDED GENDER-AFFIRMING CARE

    SEC. 201. PROHIBITING TAXPAYER-FUNDED GENDER-AFFIRMING CARE.

    Title 1, United States Code, is amended by adding at the end the following new chapter:

     
    “CHAPTER 4PROHIBITING TAXPAYER-FUNDED GENDER-AFFIRMING CARE


    “301. Prohibition on funding for gender-affirming care.
    “302. Prohibition on funding for health benefits plans that cover gender-affirming care.
    “303. Limitation on Federal facilities and employees, Federal lands and territories, and Tribal territories.
    “304. Construction relating to separate coverage.
    “305. Construction relating to the use of non-Federal funds for health coverage.
    “306. Construction relating to complications arising from gender-affirming care.
    “307. Treatment of individuals born with medically verifiable disorder of sex development.
    “308. Gender-affirming care defined.
    “309. Rule of construction.

     

    § 301. Prohibition on funding for gender-affirming care

    “No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, including funds provided under titles XVIII, XIX, and XXI of the Social Security Act, shall be expended for any gender-affirming care.

     

    § 302. Prohibition on funding for health benefits plans that cover gender-affirming care

    “No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of gender-affirming care.

     

    § 303. Limitation on Federal facilities and employees, Federal lands and territories, and Tribal territories

    “No health care service furnished—

    “(1) by or in a health care facility owned or operated by the Federal Government, Federal land or territory, or a Tribal territory; or

    “(2) by any physician or other individual employed by the Federal Government, Federal land or territory, or a Tribal territory to provide health care services within the scope of the physician’s or individual’s employment,

    may include gender-affirming care.

     

    § 304. Construction relating to separate coverage

    “Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate coverage for gender-affirming care or health benefits coverage that includes gender-affirming care so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law, federal programs, platforms, or infrastructure, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds.

     

    § 305. Construction relating to the use of non-Federal funds for health coverage

    “Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering coverage for gender-affirming care, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds.

     

    § 306. Construction relating to complications arising from gender-affirming care

    “Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender-affirming care. This rule of construction shall be applicable without regard to whether the gender-affirming care was performed in accord with Federal or State law, and without regard to whether funding for the gender-affirming care is permissible under section 307.

     

    § 307. Treatment of individuals born with medically verifiable disorder of sex development

    “The limitations established in sections 301, 302, and 303 shall not apply with respect to an individual described in section 2260B(d)(1)(B) of title 18, United States Code.

     

    § 308. Gender-affirming care defined

    “For purposes of this chapter, the term ‘gender-affirming care’ has the meaning given such term in section 2260B(d)(1) of title 18, United States Code.

     

    § 309. Rule of construction

    “Nothing in this chapter shall be construed as prohibiting provision of the medical services described in section 2260B(d)(1)(A) of title 18, United States Code, to address any male or female reproductive cancers, apart from changing the body to correspond to a sex that differs from one’s biological sex.”.

    SEC. 202. AMENDMENT TO TABLE OF CHAPTERS.

    The table of chapters for title 1, United States Code, is amended by adding at the end the following new item:

    • “4. Prohibiting taxpayer-funded gender-affirming care 301”.




     
    TITLE IIIAPPLICATION UNDER THE AFFORDABLE CARE ACT

    SEC. 301. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA.

     

    (a) In General.—

    (1) DISALLOWANCE OF REFUNDABLE CREDIT AND COST-SHARING REDUCTIONS FOR COVERAGE UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES COVERAGE FOR GENDER-AFFIRMING CARE.—

    (A) IN GENERAL.—Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: “or any health plan that includes coverage for gender-affirming care (other than any gender-affirming care or treatment described in section 306 or 307 of title 1, United States Code)”.

    (B) OPTION TO PURCHASE OR OFFER SEPARATE COVERAGE OR PLAN.—Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph:

    “(C) SEPARATE COVERAGE OR PLAN FOR GENDER-AFFIRMING CARE ALLOWED.—

    “(i) OPTION TO PURCHASE SEPARATE COVERAGE OR PLAN.—Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for gender-affirming care described in such subparagraph, or a health plan that includes such gender-affirming care, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan and such coverage or plan does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code.

    “(ii) OPTION TO OFFER COVERAGE OR PLAN.—Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for gender-affirming care described in such subparagraph, or a plan that includes such gender-affirming care, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act) and such coverage or plan does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code.”.

    (2) DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE CREDIT FOR PLAN WHICH INCLUDES COVERAGE FOR GENDER-AFFIRMING CARE.—Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended—

    (A) by striking “Any term” and inserting the following:

    “(1) IN GENERAL.—Any term”; and

    (B) by adding at the end the following new paragraph:

    “(2) EXCLUSION OF HEALTH PLANS INCLUDING COVERAGE FOR GENDER-AFFIRMING CARE.—

    “(A) IN GENERAL.—The term ‘qualified health plan’ does not include any health plan that includes coverage for gender-affirming care (other than any gender-affirming care or treatment described in section 306 or 307 of title 1, United States Code).

    “(B) SEPARATE COVERAGE OR PLAN FOR GENDER-AFFIRMING CARE ALLOWED.—

    “(i) OPTION TO PURCHASE SEPARATE COVERAGE OR PLAN.—Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for gender-affirming care described in such subparagraph, or a health plan that includes such gender-affirming care, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan and such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code.

    “(ii) OPTION TO OFFER COVERAGE OR PLAN.—Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for gender-affirming care described in such subparagraph, or a plan that includes such gender-affirming care, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section and such coverage or plan does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code.”.

    (b) Application To Multi-State Plans.—Section 1334(a) of Public Law 111–148 (42 U.S.C. 18054(a)) is amended by adding at the end the following new paragraph:

    “(8) COVERAGE CONSISTENT WITH FEDERAL POLICY REGARDING GENDER-AFFIRMING CARE.—In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.”.

    (c) Effective Date.—The amendments made by subsection (a) shall apply to taxable years ending after the date that is one year after the date of enactment of this Act, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date.

     
    TITLE IVADDITIONAL PROVISIONS

    SEC. 401. PROHIBITION ON INSTITUTIONS OF HIGHER EDUCATION AND ACCREDITING AGENCIES OR ASSOCIATIONS.

     

    (a) Prohibition On Institutions Of Higher Education.—Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:

    “(30) The institution will not use any federal funds to offer instruction in gender-affirming care (as defined in section 2260B(d) of title 18, United States Code).”.

     

    SEC. 402. IMMIGRATION CONSEQUENCES WITH RESPECT TO PROVIDING GENDER-AFFIRMING CARE.

     

    (a) Definitions.—Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

    “(53) The term ‘gender-affirming care’ shall have the meaning given such term in section 2260B(d) of title 18, United States Code.”.

    (b) Classes Of Aliens Ineligible For Visas Or Admission.—Section 212(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)) is amended—

    (1) in clause (iii)(II), strike “or” at the end;

    (2) in clause (iv), strike the comma at the end and insert “, or”; and

    (3) by adding at the end the following:

    “(v) who is determined to have performed gender-affirming care on a child that has not attained the age of 18 years old,”.

    (c) Classes Of Deportable Aliens.—Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following:

    “(8) GENDER-AFFIRMING CARE.—Any alien who has performed gender-affirming care on a child that has not attained the age of 18 years old is deportable.”.

  2. Senator Croft Mourns the Loss of John Glenn

     

    CLEVELAND, OHIO - Following the death of former U.S. Senator from Ohio and astronaut John Glenn, Senator Will Croft has issued the following statement: 

     

    "My husband and I send our heartfelt condolences to Annie Glenn and the entire Glenn family on the loss of a great American and consumate Ohioan, John Glenn. As a lifelong Ohioan, I have a personal connecting to John and a unique understanding of his unprecedented achievements and contributions to our national story. Every child growing up in Ohio learns about John from an early age. We learn about his historic role in advancing America's dominance in the space race, and of his continued commitment to our state as one of our most prolific Senators. This is a sad day for our country, but it is a very sad day for the people of Ohio.

     

    John, of course, wouldn't want us to be sad. He was a true optimist, with an adventurer's spirit. So it is with that spirit in mind that I humbly suggest that we use this moment to celebrate John's achievements. It is because of men like John that every American alive today knows that, both metaphorically and literally, the sky is not the limit to our people's potential. It is by John's example that we now know that American ingenuity, strength, and bravery has the capacity to break past the dominion of our planet and forge a new path beyond the stars. We are a better country because of John's decades of service, and he is yet another reason that millions of us are proud to call Ohio home." 

  3. Name: Will Croft

    Media Outlet: CNN

    Reason: Election Outcome 

     

    • Obviously, this election was a disappointing one for the Republican Party. While I am incredibly grateful that election night saw the people of Ohio trust me to represent them in the United States Senate, the outcome nationally was not what our party had hoped for. Today, we are presented with a situation in which both the White House and the Senate are controlled by the Democratic Party, enabling them to continue their near total grip on power in Washington. Given the disastrous policies our country has dealt with over the last eight years, this should not have been the outcome of the election. It was, however, and as Republicans we must take stock of what went wrong to ensure we start winning elections again. 
    • The bottom line is this: our country is not better off today than it was eight years ago. My friends across the aisle can spin the facts as much as they want, but the reality remains that we are a weaker, poorer, less secure country today than we were when President Obama took office. Our immigration system remains broken and our borders are left open. We are less respected on the world stage, at a time when we are faced with a resurgent Russia and a substantial rise in terrorism as the result of the advent of ISIS. Economic growth remains, at best, sluggish. In his best year, 2015, annual GDP growth stood at just 1.5% - markedly lower for the annual growth achieved by every other President since Truman. 
    • Despite all of this, Republicans still failed to convince the American people that we were prepared to govern on their behalf. The question we have to ask ourselves today is simple: why? In the face of historically unpopular policies and a President that routinely put politics above good governance, our party still failed to win the American people over. I believe the answer is as simple as the question: Republicans have failed to express a positive message about America's future, rooted in the commonsense principles that underscore our nation's founding. Rather than spending time talking about what we are against, it's past time that we tell the American people what we're for. 
    • Thankfully, we have the opportunity to do just that by leveraging our control of the House of Representatives to put forth a positive, bold, dynamic legislative agenda for our country's future. That agenda must show the American people what the Republicans affirmatively believe in. Now is the time to present pro-growth policies that cut taxes and slash regulations, pro-individual choice policies that allow parents to send their children to the school that makes sense for them, and pro-security policies that will build up our military and secure our nation's borders. This isn't hard to do, we just need to once again act like we are the party that is prepared to lead America forward. 
    • As Ohio's freshman Senator, and as a life long conservative, I hope to play a role in this redirection of the Republican Party. I will champion commonsense, conservative policies that are decidedly pro-family, pro-growth, and pro-worker. I have enormous confidence in the future of our party, but we will only start really winning again if we are prepared to firmly establish ourselves as the party of opportunity, individual freedom, and security. When we do that, when we start talking to the American people about our plans to address the issues they care about, I have no doubt we will return to power. 
  4. Name: William (Will) Croft

    State and Seat: Ohio - 3 

    Political Party: Republican 

    Avatar: Ryan Gosling

    Major Caucus: Freedom Caucus 

    Date of Birth: November 13, 1978 (age 38 - 20 points)

    Place of Birth: North Canton, Ohio

    Current Place of Residence: Youngstown, Ohio

     

    Family/Background/Education

     

    Age: 38 years old 

    Sexuality: Openly Gay (40 points)

    Husband: Jake Ireland 

    Children: Two, ages 10 and 8 

    Ethnicity: White

    Religion: Catholic 

    Education: Bachelors of Science in Agriculture, Ohio State University 

     

    Professional Background: 

    - Following college, Croft worked on his family's farm in North Canton, Ohio 

    - Following his parents' retirement, Croft took over the farm, expanded it across central Ohio (Blue Collar Management - 15 points)

     

    Political Background: 

    - While living in North Canton, Croft became increasingly involved in the Jackson County Republican Party, eventually becoming a more vocal member and activist 

    - In 2010, during the height of the Tea Party Movement, Croft was selected as the Republican nominee for Ohio's 6th Congressional District, a seat he successfully won

    - Since his election, he served three terms in the House of Representatives (6 points, not including current term) 

    - At the beginning of his third term, Croft became the Chairman of the House Ways and Means Subcommittee on Work and Welfare (2 points)

    - Following the announcement that Ohio Senator Rob Portman would not be seeking another term, Mr. Croft announced his candidacy for the seat. After a heated primary content, Croft emerged as the Republican nominee for the Senate seat, besting Democrat Ted Strickland to become the junior Senator from Ohio

    - While serving his third term, Croft wrote a book of essays entitled, "Our Forgotten Founding - Returning to the Principles that Make America Great" (10 points) 

     

    Voting History

    American Taxpayer Relief Act (Vote: No)

    - VAWA Reauthorization (Vote: No) 

    - Bipartisan Budget Act (Vote: No)

     

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