GUARD Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 851 Introduced in Senate (IS)]

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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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