S. 851

119 S851 IS: Guaranteeing Unalienable and Anatomical Rights for Dependents Act
 U.S. Senate
 2025-03-05
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 EN
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 II  119th CONGRESS  1st Session  S. 851  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.
1.
Short title
This Act may be cited as the   Guaranteeing Unalienable and Anatomical Rights for Dependents Act   or the   GUARD Act  .
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:
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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