Bill Details
S.851 - 119th Congress
Status
Latest action
2025-03-05 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced Date
2025-03-05
Policy Area
Families
Committees
View committees (1)
Sponsors
Cosponsors
View cosponsors (2)
6
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would change the rules for a federal child abuse prevention program. It says a state could lose this funding if it treats parents, guardians, or legal representatives unfairly because they object to medical care, counseling, clothing, names, pronouns, or other social changes meant to support a minor’s gender identity when that identity does not match the child’s biological sex. The bill also gives affected parents or guardians a way to go to court to try to stop the funding and force the state to return the money.
- States would be blocked from getting money under the child abuse prevention law if they take negative action against a parent or guardian for refusing gender-related treatment or social changes for a minor.
- The bill covers a wide range of things, including medical, surgical, drug-based, and psychological treatment, as well as changes to clothing, names, and pronouns.
- It says the rule applies even if the minor has been diagnosed with gender dysphoria or another related condition.
- If a state gets money in violation of this rule, an affected parent, guardian, or legal representative could file a lawsuit in federal or state court to stop the payment and seek return of the funds to the U.S. Treasury.
Official Summaries
No summaries available
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 851 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 851
To amend the Child Abuse Prevention and Treatment Act to disqualify any
State that discriminates against parents or guardians who oppose
medical, surgical, pharmacological, psychological treatment, or
clothing and social changes related to affirming the subjective claims
of gender identity expressed by any minor if such claimed identity is
inconsistent with such minor's biological sex from receiving funding
under such Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2025
Mr. Banks (for himself, Mr. Cotton, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Child Abuse Prevention and Treatment Act to disqualify any
State that discriminates against parents or guardians who oppose
medical, surgical, pharmacological, psychological treatment, or
clothing and social changes related to affirming the subjective claims
of gender identity expressed by any minor if such claimed identity is
inconsistent with such minor's biological sex from receiving funding
under such Act.
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 ``Guaranteeing Unalienable and
Anatomical Rights for Dependents Act'' or the ``GUARD Act''.
SEC. 2. STATE GRANT REQUIREMENTS.
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et
seq.) is amended by inserting after section 3 the following:
``SEC. 4. STATE GRANT REQUIREMENTS.
``(a) In General.--Notwithstanding any other provision of law, no
State may receive funding under this Act if such State takes any
adverse action or otherwise discriminates against parents, guardians,
or legal representatives who oppose medical, surgical, pharmacological,
psychological treatment, or other medical intervention, or clothing,
name or pronoun use, or other social changes or practices related to
transitioning to or affirming the claims or expressions of gender
identity of any minor under the charge, care, or supervision of the
parent, guardian, or legal representative, if such gender identity is
inconsistent, in such parent's, guardian's, or legal representative's
estimation, with such minor's biological sex, as determined
definitively at or before birth, regardless of any medical diagnosis or
indication of gender dysphoria, body dysphoria, dissociative identity
disorder, or social anxiety disorder.
``(b) Enforcement.--In the case of an award made by the Secretary
under this Act in violation of subsection (a), any parent, guardian, or
legal representative who experienced an adverse action or other
discrimination described in subsection (a) by a State receiving funding
under this Act may bring an action, in an appropriate Federal district
court of the United States or State court, against the Department of
Health and Human Services, seeking to enjoin the Secretary from
continuing such award to such State and to require the State awarded
amounts in violation of subsection (a) to return such funds to the
Treasury.''.
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