Text of US SB 3279 (2025)

II 119TH CONGRESS 1ST SESSION S. 3279 To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services, to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and queer or questioning foster youth, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 20, 2025 Mrs. GILLIBRAND (for herself, Mr. SCHATZ, Mr. BOOKER, Ms. SMITH, Mr. HICKENLOOPER, Mr. SCHIFF, Mr. MERKLEY, Mr. COONS, Mr. WHITE- HOUSE, Mr. VAN HOLLEN, Ms. BALDWIN, Mr. MARKEY, Mr. WYDEN, Ms. DUCKWORTH, Ms. ROSEN, Mr. SANDERS, Mr. MURPHY, Mr. KAINE, Mr. BLUMENTHAL, Mr. FETTERMAN, Ms. KLOBUCHAR, and Mrs. SHA- HEEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit discrimination on the basis of religion, sex (in- cluding sexual orientation and gender identity), and mar- ital status in the administration and provision of child welfare services, to improve safety, well-being, and per- manency for lesbian, gay, bisexual, transgender, and queer or questioning foster youth, and for other pur- poses. 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 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 3279 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘John Lewis Every 2 Child Deserves a Family Act’’. 3 SEC. 2. FINDINGS AND PURPOSE. 4 (a) FINDINGS.—Congress finds the following: 5 (1) Every child or youth unable to live with 6 their family of origin is entitled to a supportive and 7 affirming foster care placement. Federal law re- 8 quires, and child welfare experts recommend, that 9 children and youth be placed with a family or in the 10 most family-like setting available. 11 (2) Thousands of children and youth lack a sta- 12 ble, safe, and loving temporary or permanent home 13 and have been placed in a congregate care setting, 14 which is associated with more placements, poorer 15 educational outcomes, and greater risk of further 16 trauma. More homes are needed to accommodate the 17 close to 400,000 children and youth who are in fos- 18 ter care nationwide, as of the date of enactment of 19 this Act. 20 (3) Title VI of the Civil Rights Act of 1964 (42 21 U.S.C. 2000d et seq.) protects people from discrimi- 22 nation based on race, color, or national origin in 23 programs, activities, and services administered or 24 performed by child welfare agencies. Eliminating dis- 25 crimination in child welfare based on religion, sex 26 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 3279 IS (including sexual orientation and gender identity), 1 and marital status would increase the number and 2 diversity of foster and adoptive homes able to meet 3 the individual needs of children and youth removed 4 from their homes. 5 (4) Lesbian, gay, bisexual, transgender, and 6 queer or questioning (referred to in this Act as 7 ‘‘LGBTQ’’) youth are overrepresented in the foster 8 care system by at least a factor of 2, comprising at 9 least 30 percent of children and youth in foster care. 10 These numbers are higher for transgender and non- 11 binary youth compared to their cisgender LGBQ 12 counterparts. 13 (A) While some LGBTQ youth enter foster 14 care for similar reasons as non-LGBTQ youth, 15 the 2 most common reasons for LGBTQ youth 16 are high rates of physical abuse and conflict 17 with parents. 18 (B) LGBTQ foster youth report twice the 19 rate of poor treatment while in care experienced 20 by foster youth who do not identify as LGBTQ 21 and are more likely to experience discrimina- 22 tion, harassment, and violence in the child wel- 23 fare system than their LGBTQ peers not in the 24 child welfare system. 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 3279 IS (C) Because of high levels of bias, LGBTQ 1 foster youth have a higher average number of 2 placements and higher likelihood of living in a 3 group home than their non-LGBTQ peers, neg- 4 atively affecting mental health outcomes and 5 long-term prospects. 6 (D) Approximately 28 percent of homeless 7 youth with histories of time in foster care iden- 8 tified as LGBTQ and were significantly more 9 likely to experience 7 of 8 adverse events, such 10 as being physically harmed, or being stig- 11 matized or discriminated against, compared to 12 their peers with no foster care history. 13 (E) LGBTQ youth in foster care had near- 14 ly 3 times greater odds of reporting a past-year 15 suicide attempt compared to LGBTQ youth 16 who were never in foster care (35 percent for 17 those youth in foster care as compared to 13 18 percent for those youth who were never in fos- 19 ter care). These numbers were even higher for 20 LGBTQ foster youth of color (38 percent) and 21 highest for transgender and nonbinary foster 22 youth (45 percent). 23 (F) LGBTQ youth who had been in foster 24 care had over 3 times greater odds of being 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 3279 IS kicked out, abandoned, or running away due to 1 treatment based on their LGBTQ identity com- 2 pared to those who were never in foster care 3 (27 percent for those youth who had been in 4 foster care as compared to 8 percent for those 5 youth who had never been in foster care). These 6 numbers were higher for LGBTQ foster youth 7 of color (30 percent) and transgender and non- 8 binary foster youth (40 percent). 9 (5) ‘‘Conversion therapy’’ is a form of discrimi- 10 nation that harms LGBTQ people. It undermines an 11 individual’s sense of self-worth, increases suicide ide- 12 ation and substance abuse, exacerbates family con- 13 flict, and contributes to second-class status. No sci- 14 entifically valid evidence supports this discredited 15 practice, which is prohibited by many States and 16 foreign nations. Approximately 350,000 LGBTQ 17 adults were subjected to so-called ‘‘conversion ther- 18 apy’’ as adolescents, and an estimated 16,000 19 LGBTQ youth ages 13 to 17 will be subjected to it 20 by a licensed health care professional before age 18. 21 (6) Many youth, especially LGBTQ youth, in- 22 volved with child welfare services identify with a 23 cross-section of marginalized communities. Youth of 24 color are overrepresented in the foster care system, 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 3279 IS and the majority of LGBTQ foster youth are youth 1 of color. Children and youth with multiple margina- 2 lized identities often experience more stress and 3 trauma than other youth, compounding the negative 4 effects of discrimination and increasing the likeli- 5 hood of negative outcomes. 6 (7) Prospective parents who experience the 7 heartbreak and dignitary harm of discrimination 8 based on religion, sex (including sexual orientation 9 and gender identity), or marital status may not be 10 able or willing to apply at another agency, resulting 11 in fewer available homes, and knowing that discrimi- 12 nation exists may deter them from even attempting 13 to foster or adopt. 14 (8) Professional organizations that serve chil- 15 dren in the fields of medicine, psychology, law, and 16 child welfare oppose discrimination against prospec- 17 tive parents in adoption and foster care. 18 (9) Religious organizations play a critical role 19 in providing child welfare services. Most welcome all 20 children, youth, and families and affirm a diversity 21 of religions and faiths. State assessments, planning, 22 and counseling should connect children and youth 23 for whom spirituality and religion are important 24 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 3279 IS with affirming, faith-based resources consistent with 1 the faith of the child or youth. 2 (10) Child welfare agencies that refuse to serve 3 same-sex couples and LGBTQ individuals reduce the 4 pool of qualified and available homes for children 5 and youth who need placement on a temporary or 6 permanent basis. 7 (A) Same-sex couples are 7 times more 8 likely to foster and adopt than their different- 9 sex counterparts. 10 (B) Same-sex couples raising adopted chil- 11 dren tend to be older than, just as educated as, 12 and have access to the same economic resources 13 as other adoptive parents. 14 (C) Research shows that sexual orientation 15 is a nondeterminative factor in parental success 16 and that children with same-sex parents have 17 the same advantages and expectations for 18 health, social, and psychological development as 19 children whose parents are different-sex. 20 (D) Discrimination against qualified pro- 21 spective foster and adoptive parents for non- 22 merit related reasons denies religious minority, 23 LGBTQ, and unmarried relatives the oppor- 24 tunity to become foster and adoptive parents 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 3279 IS for their own kin in care, including grand- 1 children. 2 (11) LGBTQ families of origin are at risk for 3 discrimination in child welfare referrals, investiga- 4 tions, removals, reunification, kinship placements, 5 and other case management services. A study of low- 6 income African-American mothers showed that those 7 who identified as lesbian or bisexual were 4 times 8 more likely than their non-LGBTQ counterparts to 9 lose custody of their children in child welfare pro- 10 ceedings. LGBTQ-positive services are necessary to 11 shield families and protect parents’ rights to reunifi- 12 cation. 13 (12) Single people are more likely than couples 14 to experience challenges in adopting due to biases 15 that persist against single-parent adoption. During 16 fiscal year 2022, 29 percent of adoptions from foster 17 care were completed by unmarried single people, in- 18 cluding adoptions by some 2000 single men and 19 more than 13,000 single women. Studies show that 20 the outcomes for children adopted and raised by sin- 21 gle parents are just as good as, if not better than, 22 outcomes for children adopted by couples. 23 (13) More nationwide data about the experi- 24 ences of LGBTQ children and youth involved with 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 3279 IS child welfare services is needed to understand fully 1 the extent and impact of discrimination and ensure 2 accountability. States must report and researchers 3 must collect this sensitive data in an ethical, affirm- 4 ing, and non-intrusive manner, with appropriate 5 safeguards to protect respondents. 6 (b) PURPOSE.—The purposes of this Act are— 7 (1) to prohibit discrimination on the basis of re- 8 ligion, sex (including sexual orientation and gender 9 identity), and marital status in the administration 10 and provision of child welfare services that receive 11 Federal funds; and 12 (2) to improve safety, well-being, and perma- 13 nency for LGBTQ children and youth involved with 14 child welfare services. 15 SEC. 3. EVERY CHILD DESERVES A FAMILY. 16 (a) PROHIBITION.—No child or youth involved with 17 child welfare services, family, or individual shall, on the 18 grounds of religion, sex (including sexual orientation and 19 gender identity), or marital status, be excluded from par- 20 ticipation in, denied the benefits of, or be subjected to dis- 21 crimination in the administration or provision of child wel- 22 fare programs and services by a covered entity. 23 (b) PRIVATE RIGHT OF ACTION.—Any individual who 24 is aggrieved by a violation of this Act may bring a civil 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 3279 IS action seeking relief in an appropriate United States dis- 1 trict court. The court shall award a plaintiff prevailing in 2 such an action all appropriate relief, including injunctive, 3 declaratory, and other equitable relief necessary to carry 4 out this Act, attorneys’ fees, and such other relief as the 5 court determines appropriate. 6 (c) FEDERAL GUIDANCE.—Not later than 6 months 7 after the date of the enactment of this Act, the Secretary 8 shall publish and disseminate guidance with respect to 9 compliance with this Act. 10 (d) TECHNICAL ASSISTANCE.—In order to ensure 11 compliance with and understanding of the legal, practice, 12 and cultural changes required by this Act, the Secretary 13 shall provide technical assistance to all covered entities, 14 including— 15 (1) identifying State laws and regulations in- 16 consistent with this Act, and providing guidance and 17 training to ensure the State laws and regulations are 18 brought into compliance with this Act by the appli- 19 cable compliance deadline in effect under subsection 20 (h); 21 (2) identifying casework practices and proce- 22 dures inconsistent with this Act and providing guid- 23 ance and training to ensure the practices and proce- 24 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 3279 IS dures are brought into compliance with this Act by 1 the applicable compliance deadline; 2 (3) providing guidance in expansion of recruit- 3 ment efforts to ensure consideration of all prospec- 4 tive adoptive and foster parents regardless of the re- 5 ligion, sex (including sexual orientation and gender 6 identity), or marital status of the prospective parent; 7 (4) creating comprehensive cultural competency 8 training for covered entities and prospective adoptive 9 and foster parents; and 10 (5) training judges and attorneys involved in 11 foster care, guardianship, and adoption cases on the 12 findings and purposes of this Act. 13 (e) SERVICE DELIVERY AND TRAINING.— 14 (1) IN GENERAL.—A covered entity shall pro- 15 vide service delivery to children and youth involved 16 with child welfare services, families, and adults, and 17 staff training, that— 18 (A) comprehensively addresses the indi- 19 vidual strengths and needs of children and 20 youth involved with child welfare services; and 21 (B) is language appropriate, gender appro- 22 priate, and culturally sensitive and respectful of 23 the complex social identities of the children and 24 youth, families, and adults currently or prospec- 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 3279 IS tively participating in or receiving child welfare 1 services. 2 (2) SOCIAL IDENTITY.—In this subsection, the 3 term ‘‘social identity’’ includes an individual’s race, 4 ethnicity, nationality, age, religion (including spiritu- 5 ality), sex (including gender identity and sexual ori- 6 entation), socioeconomic status, physical or cognitive 7 ability, language, beliefs, values, behavior patterns, 8 and customs. 9 (f) DATA COLLECTION.—Using developmentally ap- 10 propriate best practices, the Secretary shall collect data 11 through the Adoption and Foster Care Analysis and Re- 12 porting System on— 13 (1) the sexual orientation and gender identity of 14 children and youth involved with child welfare serv- 15 ices and foster and adoptive parents; and 16 (2) whether family conflict related to the sexual 17 orientation or gender identity of a child or youth 18 was a factor in the removal of the child or youth 19 from the family. 20 (g) NATIONAL RESOURCE CENTER ON SAFETY, 21 WELL-BEING, PLACEMENT STABILITY, AND PERMA- 22 NENCY FOR LGBTQ CHILDREN AND YOUTH INVOLVED 23 WITH CHILD WELFARE SERVICES.— 24 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 3279 IS (1) IN GENERAL.—The Secretary shall establish 1 and maintain the National Resource Center on Safe- 2 ty, Well-Being, Placement Stability, and Perma- 3 nency for LGBTQ Children and Youth Involved with 4 Child Welfare Services (referred to in this Act as the 5 ‘‘National Resource Center’’) that will promote well- 6 being, safety, permanency, stability, and family 7 placement for LGBTQ children and youth involved 8 with child welfare services, through training, tech- 9 nical assistance, actions, and guidance that— 10 (A) increase LGBTQ cultural competency 11 among the staff of covered entities, and foster, 12 adoptive, and relative parents, guardians, and 13 caregivers; 14 (B) promote the provision of child welfare 15 services that address the specific needs of 16 LGBTQ children and youth involved with child 17 welfare services and their families; 18 (C) promote effective and responsible col- 19 lection and management of data on the sexual 20 orientation and gender identity of children and 21 youth in the child welfare system, with appro- 22 priate safeguards to protect the data; 23 (D) identify and promote promising prac- 24 tices and evidence-based models of engagement 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 3279 IS and appropriate collective and individual serv- 1 ices and interventions that can be linked to im- 2 proved outcomes for LGBTQ children and 3 youth in the child welfare system; 4 (E) endorse best practices for human re- 5 source activities of covered entities, including in 6 hiring, staff development, and implementing a 7 system of accountability to carry out those best 8 practices; and 9 (F) initiate other actions that improve 10 safety, well-being, placement stability, and per- 11 manency outcomes for LGBTQ children and 12 youth involved with child welfare services at the 13 State and local level. 14 (2) ACTIVITIES.—The Secretary shall carry out 15 the collection and analysis of data and the dissemi- 16 nation of research to carry out this subsection. 17 (3) AUTHORIZATION OF APPROPRIATIONS.— 18 There are authorized to be appropriated to the Sec- 19 retary such sums as may be necessary to establish 20 and maintain the National Resource Center and 21 carry out the activities described in this subsection. 22 (h) DEADLINE FOR COMPLIANCE.— 23 (1) IN GENERAL.—Except as provided in para- 24 graph (2), a covered entity shall comply with this 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 3279 IS section not later than 6 months after publication of 1 the guidance referred to in subsection (c), or 1 year 2 after the date of the enactment of this Act, which- 3 ever occurs first. 4 (2) AUTHORITY TO EXTEND DEADLINE.—If a 5 State demonstrates to the satisfaction of the Sec- 6 retary that it is necessary to amend State law in 7 order to change a particular practice that is incon- 8 sistent with this Act, the Secretary may extend the 9 compliance date for the State and any covered enti- 10 ties in the State a reasonable number of days after 11 the close of the first State legislative session begin- 12 ning after the date the guidance referred to in sub- 13 section (c) is published. 14 (3) AUTHORITY TO WITHHOLD FUNDS.—If the 15 Secretary finds that a covered entity has failed to 16 comply with this Act, the Secretary may withhold 17 payment to the State of amounts otherwise payable 18 to the State under part B or E of title IV of the 19 Social Security Act (42 U.S.C. 621 et seq.; 42 20 U.S.C. 670 et seq.), to the extent determined by the 21 Secretary. 22 (i) GAO STUDY.— 23 (1) IN GENERAL.—Not later than 3 years after 24 the date of enactment of this Act, the Comptroller 25 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 3279 IS General of the United States shall conduct a study 1 to determine whether the States have substantially 2 complied with this Act, including specifically whether 3 the States have— 4 (A) eliminated all policies, practices, or 5 laws that permit a covered entity to violate sub- 6 section (a); 7 (B) provided necessary training and tech- 8 nical support to covered entities to ensure all 9 services to children and youth involved with 10 child welfare services are carried out in a non- 11 discriminatory, affirming, safe, and culturally 12 competent manner; 13 (C) collected data necessary to accom- 14 plishing the purposes of this Act, and ensured 15 that the data is appropriately safeguarded, in- 16 cluding data related to— 17 (i) the sexual orientation and gender 18 identity of children and youth involved 19 with child welfare services; 20 (ii) the permanency and placement 21 outcomes and rates for those children and 22 youth, as compared to their non-LGBTQ 23 peers; 24 VerDate Sep 11 2014 18:37 Nov 28, 2025 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 3279 IS (iii) the rates at which those children 1 and youth are placed in family homes as 2 compared to congregate or group homes; 3 and 4 (iv) the sexual orientation, gender 5 identity, and marital status of foster and 6 adoptive parents, as well as the placement 7 rates and wait periods for those foster and 8 adoptive parents; and 9 (D) ensured that covered entities— 10 (i) are in compliance with this Act; 11 and 12 (ii) have implemented procedures for 13 children and youth involved with child wel- 14 fare services, or individuals or families par- 15 ticipating in, or seeking to participate in, 16 child welfare services, to report violations 17 of this Act. 18 (2) REPORT TO THE CONGRESS.—Not later 19 than 6 months after completing the study required 20 by paragraph (1), the Comptroller General shall sub- 21 mit to the Committee on Ways and Means of the 22 House of Representatives and the Committee on Fi- 23 nance of the Senate a written report that contains 24 the results of the study. 25 VerDate Sep 11 2014 18:40 Dec 17, 2025 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 3279 IS (j) RELATION TO OTHER LAWS.— 1 (1) RULE OF CONSTRUCTION.—Nothing in this 2 Act shall be construed to invalidate or limit rights, 3 remedies, or legal standards under title VI of the 4 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). 5 (2) CERTAIN CLAIMS.—The Religious Freedom 6 Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) 7 shall not provide a claim concerning, or a defense to 8 a claim under, this Act, or provide a basis for chal- 9 lenging the application or enforcement of this Act. 10 (k) DEFINITIONS.—In this section: 11 (1) CHILD OR YOUTH INVOLVED WITH CHILD 12 WELFARE SERVICES.—The term ‘‘child or youth in- 13 volved with child welfare services’’ means an indi- 14 vidual, aged 23 or younger, who participates in child 15 welfare programs or services that receive Federal fi- 16 nancial assistance under part A, B, or E of title IV 17 of the Social Security Act (42 U.S.C. 601 et seq.; 18 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title 19 XIX of the Social Security Act (42 U.S.C. 1396 et 20 seq.), or title XX of the Social Security Act (42 21 U.S.C. 1397 et seq.). 22 (2) CONVERSION THERAPY.— 23 (A) IN GENERAL.—The term ‘‘conversion 24 therapy’’ means a form of discrimination that 25 VerDate Sep 11 2014 18:40 Dec 17, 2025 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 3279 IS includes any practice or treatment which seeks 1 to change the sexual orientation or gender iden- 2 tity of an individual, including efforts to change 3 behaviors or gender expressions or to eliminate 4 or reduce sexual or romantic attractions or feel- 5 ings toward individuals of the same gender. 6 (B) EXCLUSIONS.—The term ‘‘conversion 7 therapy’’ does not include counseling that pro- 8 vides assistance to an individual undergoing 9 gender transition, or counseling that provides 10 acceptance, support, and understanding of an 11 individual or facilitates an individual with cop- 12 ing, social support, and identity exploration and 13 development, including sexual orientation-neu- 14 tral interventions to prevent or address unlaw- 15 ful conduct or unsafe sexual practices. 16 (3) COVERED ENTITY.—The term ‘‘covered en- 17 tity’’ means an entity that— 18 (A) receives Federal financial assistance 19 under part A, B, or E of title IV of the Social 20 Security Act (42 U.S.C. 601 et seq.; 42 U.S.C. 21 621 et seq.; 42 U.S.C. 670 et seq.), title XIX 22 of the Social Security Act (42 U.S.C. 1396 et 23 seq.), or title XX of the Social Security Act (42 24 U.S.C. 1397 et seq.); and 25 VerDate Sep 11 2014 18:40 Dec 17, 2025 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 3279 IS (B) is involved in the administration or 1 provision of child welfare programs or services. 2 (4) GENDER IDENTITY.—The term ‘‘gender 3 identity’’ means the gender-related identity, appear- 4 ance, mannerisms, or other gender-related character- 5 istics of an individual, regardless of the designated 6 sex of the individual at birth. 7 (5) RELIGION; SEX (INCLUDING SEXUAL ORI- 8 ENTATION AND GENDER IDENTITY), OR MARITAL 9 STATUS.—The term ‘‘religion, sex (including sexual 10 orientation and gender identity), or marital status’’, 11 used with respect to an individual, includes— 12 (A) the religion, sex (including sexual ori- 13 entation and gender identity), or marital status, 14 respectively, of another person with whom the 15 individual is or has been associated; and 16 (B) a perception or belief, even if inac- 17 curate, concerning the religion, sex (including 18 sexual orientation and gender identity), or mar- 19 ital status, respectively, of the individual. 20 (6) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Health and Human Services. 22 (7) SEX.—The term ‘‘sex’’ includes— 23 (A) a sex stereotype; 24 VerDate Sep 11 2014 18:40 Dec 17, 2025 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 3279 IS (B) pregnancy, childbirth, or a related 1 medical condition; 2 (C) sexual orientation or gender identity; 3 and 4 (D) sex characteristics, including intersex 5 traits. 6 (8) SEXUAL ORIENTATION.—The term ‘‘sexual 7 orientation’’ means homosexuality, heterosexuality, 8 or bisexuality. 9 (9) STATE.—The term ‘‘State’’ means each of 10 the 50 States of the United States, the District of 11 Columbia, the Commonwealth of Puerto Rico, the 12 United States Virgin Islands, Guam, the Common- 13 wealth of the Northern Mariana Islands, and Amer- 14 ican Samoa. 15 Æ VerDate Sep 11 2014 18:40 Dec 17, 2025 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6301 E:\BILLS\S3279.IS S3279 kjohnson on DSK7ZCZBW3PROD with $$_JOB