Text of US SB 2394 (2023)

II 118TH CONGRESS 1ST SESSION S. 2394 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 JULY 19, 2023 Mr. COTTON (for himself, Mr. VANCE, Mr. HAWLEY, and Mr. RUBIO) intro- duced the following bill; which was read twice and referred to the Com- mittee 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, pharma- cological, psychological treatment, or clothing and social changes related to affirming the subjective claims of gen- der 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:06 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2394.IS S2394 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2394 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Guaranteeing 2 Unalienable and Anatomical Rights for Dependents’’ or 3 the ‘‘GUARD Act’’. 4 SEC. 2. STATE GRANT REQUIREMENTS. 5 The Child Abuse Prevention and Treatment Act (42 6 U.S.C. 5101 et seq.) is amended by inserting after section 7 3 the following: 8 ‘‘SEC. 4. STATE GRANT REQUIREMENTS. 9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 10 vision of law, no State may receive funding under this Act 11 if such State takes any adverse action or otherwise dis- 12 criminates against parents, guardians, or legal representa- 13 tives who oppose medical, surgical, pharmacological, psy- 14 chological treatment, or other medical intervention, or 15 clothing, name or pronoun use, or other social changes or 16 practices related to transitioning to or affirming the 17 claims or expressions of gender identity of any minor 18 under the charge, care, or supervision of the parent, 19 guardian, or legal representative, if such gender identity 20 is inconsistent, in such parent’s, guardian’s, or legal rep- 21 resentative’s estimation, with such minor’s biological sex, 22 as determined definitively at or before birth, regardless of 23 any medical diagnosis or indication of gender dysphoria, 24 body dysphoria, dissociative identity disorder, or social 25 anxiety disorder. 26 VerDate Sep 11 2014 00:06 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2394.IS S2394 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2394 IS ‘‘(b) ENFORCEMENT.—In the case of an award made 1 by the Secretary under this Act in violation of subsection 2 (a), any parent, guardian, or legal representative who ex- 3 perienced an adverse action or other discrimination de- 4 scribed in subsection (a) by a State receiving funding 5 under this Act may bring an action, in an appropriate 6 Federal district court of the United States or State court, 7 against the Department of Health and Human Services, 8 seeking to enjoin the Secretary from continuing such 9 award to such State and to require the State awarded 10 amounts in violation of subsection (a) to return such funds 11 to the Treasury.’’. 12 Æ VerDate Sep 11 2014 00:06 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2394.IS S2394 kjohnson on DSK79L0C42PROD with BILLS