Text of US SB 4629 (2024)

II 118TH CONGRESS 2D SESSION S. 4629 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 JUNE 20, 2024 Mrs. GILLIBRAND (for herself, Mr. WYDEN, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mr. FETTERMAN, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KELLY, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA´N, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, Ms. SINEMA, Ms. SMITH, Ms. STABENOW, Mr. VAN HOLLEN, Ms. WARREN, Mr. WELCH, and Mr. WHITEHOUSE) 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. VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 4629 IS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘John Lewis Every 4 Child Deserves a Family Act’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 (1) Every child or youth unable to live with 8 their family of origin is entitled to a supportive and 9 affirming foster care placement. Federal law re- 10 quires, and child welfare experts recommend, that 11 children and youth be placed with a family or in the 12 most family-like setting available. 13 (2) Thousands of children and youth lack a sta- 14 ble, safe, and loving temporary or permanent home 15 and have been placed in a congregate care setting, 16 which is associated with more placements, poorer 17 educational outcomes, and greater risk of further 18 trauma. More homes are needed to accommodate the 19 growing number of children and youth involved with 20 child welfare services. 21 (3) On the last day of fiscal year 2022, there 22 were an estimated 368,000 children and youth in the 23 United States foster care system, and 108,000 were 24 waiting to be adopted. Tragically, approximately 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 4629 IS 18,000 ‘‘aged out’’ of the child welfare system with- 1 out a forever family, placing them at higher risk of 2 negative outcomes including poverty, homelessness, 3 incarceration, and early parenthood. 4 (4) Title VI of the Civil Rights Act of 1964 (42 5 U.S.C. 2000d et seq.) protects people from discrimi- 6 nation based on race, color, or national origin in 7 programs, activities, and services administered or 8 performed by child welfare agencies. Eliminating dis- 9 crimination in child welfare based on religion, sex 10 (including sexual orientation and gender identity), 11 and marital status would increase the number and 12 diversity of foster and adoptive homes able to meet 13 the individual needs of children and youth removed 14 from their homes. 15 (5) Lesbian, gay, bisexual, transgender, and 16 queer or questioning (referred to in this Act as 17 ‘‘LGBTQ’’) youth are overrepresented in the foster 18 care system by at least a factor of 2, comprising at 19 least 30 percent of children and youth in foster care. 20 These numbers are higher for transgender and non- 21 binary youth compared to their cisgender LGBQ 22 counterparts. 23 (A) While some LGBTQ youth enter foster 24 care for similar reasons as non-LGBTQ youth, 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 4629 IS the 2 most common reasons for LGBTQ youth 1 are high rates of physical abuse and conflict 2 with parents. 3 (B) LGBTQ foster youth report twice the 4 rate of poor treatment while in care experienced 5 by foster youth who do not identify as LGBTQ 6 and are more likely to experience discrimina- 7 tion, harassment, and violence in the child wel- 8 fare system than their LGBTQ peers not in the 9 child welfare system. 10 (C) Because of high levels of bias, LGBTQ 11 foster youth have a higher average number of 12 placements and higher likelihood of living in a 13 group home than their non-LGBTQ peers, neg- 14 atively affecting mental health outcomes and 15 long-term prospects. 16 (D) Approximately 28 percent of homeless 17 youth with histories of time in foster care iden- 18 tified as LGBTQ and were significantly more 19 likely to experience 7 of 8 adverse events, such 20 as being physically harmed, or being stig- 21 matized or discriminated against, compared to 22 their peers with no foster care history. 23 (E) LGBTQ youth in foster care had near- 24 ly 3 times greater odds of reporting a past-year 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 4629 IS suicide attempt compared to LGBTQ youth 1 who were never in foster care (35 percent for 2 those youth in foster care as compared to 13 3 percent for those youth who were never in fos- 4 ter care). These numbers were even higher for 5 LGBTQ foster youth of color (38 percent) and 6 highest for transgender and nonbinary foster 7 youth (45 percent). 8 (F) LGBTQ youth who had been in foster 9 care had over 3 times greater odds of being 10 kicked out, abandoned, or running away due to 11 treatment based on their LGBTQ identity com- 12 pared to those who were never in foster care 13 (27 percent for those youth who had been in 14 foster care as compared to 8 percent for those 15 youth who had never been in foster care). These 16 numbers were higher for LGBTQ foster youth 17 of color (30 percent) and transgender and non- 18 binary foster youth (40 percent). 19 (6) ‘‘Conversion therapy’’ is a form of discrimi- 20 nation that harms LGBTQ people. It undermines an 21 individual’s sense of self-worth, increases suicide ide- 22 ation and substance abuse, exacerbates family con- 23 flict, and contributes to second-class status. No sci- 24 entifically valid evidence supports this discredited 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 4629 IS practice, which is prohibited by many States and 1 foreign nations. Approximately 350,000 LGBTQ 2 adults were subjected to so-called ‘‘conversion ther- 3 apy’’ as adolescents, and an estimated 16,000 4 LGBTQ youth ages 13 to 17 will be subjected to it 5 by a licensed health care professional before age 18. 6 (7) Many youth, especially LGBTQ youth, in- 7 volved with child welfare services identify with a 8 cross-section of marginalized communities. Youth of 9 color are overrepresented in the foster care system, 10 and the majority of LGBTQ foster youth are youth 11 of color. Children and youth with multiple margina- 12 lized identities often experience more stress and 13 trauma than other youth, compounding the negative 14 effects of discrimination and increasing the likeli- 15 hood of negative outcomes. 16 (8) Prospective parents who experience the 17 heartbreak and dignitary harm of discrimination 18 based on religion, sex (including sexual orientation 19 and gender identity), or marital status may not be 20 able or willing to apply at another agency, resulting 21 in fewer available homes, and knowing that discrimi- 22 nation exists may deter them from even attempting 23 to foster or adopt. 24 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 4629 IS (9) Professional organizations that serve chil- 1 dren in the fields of medicine, psychology, law, and 2 child welfare oppose discrimination against prospec- 3 tive parents in adoption and foster care. 4 (10) Religious organizations play a critical role 5 in providing child welfare services. Most welcome all 6 children, youth, and families and affirm a diversity 7 of religions and faiths. State assessments, planning, 8 and counseling should connect children and youth 9 for whom spirituality and religion are important 10 with affirming, faith-based resources consistent with 11 the faith of the child or youth. 12 (11) Child welfare agencies that refuse to serve 13 same-sex couples and LGBTQ individuals reduce the 14 pool of qualified and available homes for children 15 and youth who need placement on a temporary or 16 permanent basis. 17 (A) Same-sex couples are 7 times more 18 likely to foster and adopt than their different- 19 sex counterparts. 20 (B) Same-sex couples raising adopted chil- 21 dren tend to be older than, just as educated as, 22 and have access to the same economic resources 23 as other adoptive parents. 24 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 4629 IS (C) Research shows that sexual orientation 1 is a nondeterminative factor in parental success 2 and that children with same-sex parents have 3 the same advantages and expectations for 4 health, social, and psychological development as 5 children whose parents are different-sex. 6 (D) Discrimination against qualified pro- 7 spective foster and adoptive parents for non- 8 merit related reasons denies religious minority, 9 LGBTQ, and unmarried relatives the oppor- 10 tunity to become foster and adoptive parents 11 for their own kin in care, including grand- 12 children. 13 (12) LGBTQ families of origin are at risk for 14 discrimination in child welfare referrals, investiga- 15 tions, removals, reunification, kinship placements, 16 and other case management services. A study of low- 17 income African-American mothers showed that those 18 who identified as lesbian or bisexual were 4 times 19 more likely than their non-LGBTQ counterparts to 20 lose custody of their children in child welfare pro- 21 ceedings. LGBTQ-positive services are necessary to 22 shield families and protect parents’ rights to reunifi- 23 cation. 24 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 4629 IS (13) Single people are more likely than couples 1 to experience challenges in adopting due to biases 2 that persist against single-parent adoption. During 3 fiscal year 2022, 29 percent of adoptions from foster 4 care were completed by unmarried single people, in- 5 cluding adoptions by some 2000 single men and 6 more than 13,000 single women. Studies show that 7 the outcomes for children adopted and raised by sin- 8 gle parents are just as good as, if not better than, 9 outcomes for children adopted by couples. 10 (14) More nationwide data about the experi- 11 ences of LGBTQ children and youth involved with 12 child welfare services is needed to understand fully 13 the extent and impact of discrimination and ensure 14 accountability. States must report and researchers 15 must collect this sensitive data in an ethical, affirm- 16 ing, and non-intrusive manner, with appropriate 17 safeguards to protect respondents. 18 (b) PURPOSE.—The purposes of this Act are— 19 (1) to prohibit discrimination on the basis of re- 20 ligion, sex (including sexual orientation and gender 21 identity), and marital status in the administration 22 and provision of child welfare services that receive 23 Federal funds; and 24 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 10 •S 4629 IS (2) to improve safety, well-being, and perma- 1 nency for LGBTQ children and youth involved with 2 child welfare services. 3 SEC. 3. EVERY CHILD DESERVES A FAMILY. 4 (a) PROHIBITION.—No child or youth involved with 5 child welfare services, family, or individual shall, on the 6 grounds of religion, sex (including sexual orientation and 7 gender identity), or marital status, be excluded from par- 8 ticipation in, denied the benefits of, or be subjected to dis- 9 crimination in the administration or provision of child wel- 10 fare programs and services by a covered entity. 11 (b) PRIVATE RIGHT OF ACTION.—Any individual who 12 is aggrieved by a violation of this Act may bring a civil 13 action seeking relief in an appropriate United States dis- 14 trict court. The court shall award a plaintiff prevailing in 15 such an action all appropriate relief, including injunctive, 16 declaratory, and other equitable relief necessary to carry 17 out this Act, attorneys’ fees, and such other relief as the 18 court determines appropriate. 19 (c) FEDERAL GUIDANCE.—Not later than 6 months 20 after the date of the enactment of this Act, the Secretary 21 shall publish and disseminate guidance with respect to 22 compliance with this Act. 23 (d) TECHNICAL ASSISTANCE.—In order to ensure 24 compliance with and understanding of the legal, practice, 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 11 •S 4629 IS and cultural changes required by this Act, the Secretary 1 shall provide technical assistance to all covered entities, 2 including— 3 (1) identifying State laws and regulations in- 4 consistent with this Act, and providing guidance and 5 training to ensure the State laws and regulations are 6 brought into compliance with this Act by the appli- 7 cable compliance deadline in effect under subsection 8 (h); 9 (2) identifying casework practices and proce- 10 dures inconsistent with this Act and providing guid- 11 ance and training to ensure the practices and proce- 12 dures are brought into compliance with this Act by 13 the applicable compliance deadline; 14 (3) providing guidance in expansion of recruit- 15 ment efforts to ensure consideration of all prospec- 16 tive adoptive and foster parents regardless of the re- 17 ligion, sex (including sexual orientation and gender 18 identity), or marital status of the prospective parent; 19 (4) creating comprehensive cultural competency 20 training for covered entities and prospective adoptive 21 and foster parents; and 22 (5) training judges and attorneys involved in 23 foster care, guardianship, and adoption cases on the 24 findings and purposes of this Act. 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 12 •S 4629 IS (e) SERVICE DELIVERY AND TRAINING.— 1 (1) IN GENERAL.—A covered entity shall pro- 2 vide service delivery to children and youth involved 3 with child welfare services, families, and adults, and 4 staff training, that— 5 (A) comprehensively addresses the indi- 6 vidual strengths and needs of children and 7 youth involved with child welfare services; and 8 (B) is language appropriate, gender appro- 9 priate, and culturally sensitive and respectful of 10 the complex social identities of the children and 11 youth, families, and adults currently or prospec- 12 tively participating in or receiving child welfare 13 services. 14 (2) SOCIAL IDENTITY.—In this subsection, the 15 term ‘‘social identity’’ includes an individual’s race, 16 ethnicity, nationality, age, religion (including spiritu- 17 ality), sex (including gender identity and sexual ori- 18 entation), socioeconomic status, physical or cognitive 19 ability, language, beliefs, values, behavior patterns, 20 and customs. 21 (f) DATA COLLECTION.—Using developmentally ap- 22 propriate best practices, the Secretary shall collect data 23 through the Adoption and Foster Care Analysis and Re- 24 porting System on— 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 13 •S 4629 IS (1) the sexual orientation and gender identity of 1 children and youth involved with child welfare serv- 2 ices and foster and adoptive parents; and 3 (2) whether family conflict related to the sexual 4 orientation or gender identity of a child or youth 5 was a factor in the removal of the child or youth 6 from the family. 7 (g) NATIONAL RESOURCE CENTER ON SAFETY, 8 WELL-BEING, PLACEMENT STABILITY, AND PERMA- 9 NENCY FOR LGBTQ CHILDREN AND YOUTH INVOLVED 10 WITH CHILD WELFARE SERVICES.— 11 (1) IN GENERAL.—The Secretary shall establish 12 and maintain the National Resource Center on Safe- 13 ty, Well-Being, Placement Stability, and Perma- 14 nency for LGBTQ Children and Youth Involved with 15 Child Welfare Services (referred to in this Act as the 16 ‘‘National Resource Center’’) that will promote well- 17 being, safety, permanency, stability, and family 18 placement for LGBTQ children and youth involved 19 with child welfare services, through training, tech- 20 nical assistance, actions, and guidance that— 21 (A) increase LGBTQ cultural competency 22 among the staff of covered entities, and foster, 23 adoptive, and relative parents, guardians, and 24 caregivers; 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 14 •S 4629 IS (B) promote the provision of child welfare 1 services that address the specific needs of 2 LGBTQ children and youth involved with child 3 welfare services and their families; 4 (C) promote effective and responsible col- 5 lection and management of data on the sexual 6 orientation and gender identity of children and 7 youth in the child welfare system, with appro- 8 priate safeguards to protect the data; 9 (D) identify and promote promising prac- 10 tices and evidence-based models of engagement 11 and appropriate collective and individual serv- 12 ices and interventions that can be linked to im- 13 proved outcomes for LGBTQ children and 14 youth in the child welfare system; 15 (E) endorse best practices for human re- 16 source activities of covered entities, including in 17 hiring, staff development, and implementing a 18 system of accountability to carry out those best 19 practices; and 20 (F) initiate other actions that improve 21 safety, well-being, placement stability, and per- 22 manency outcomes for LGBTQ children and 23 youth involved with child welfare services at the 24 State and local level. 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 15 •S 4629 IS (2) ACTIVITIES.—The Secretary shall carry out 1 the collection and analysis of data and the dissemi- 2 nation of research to carry out this subsection. 3 (3) AUTHORIZATION OF APPROPRIATIONS.— 4 There are authorized to be appropriated to the Sec- 5 retary such sums as may be necessary to establish 6 and maintain the National Resource Center and 7 carry out the activities described in this subsection. 8 (h) DEADLINE FOR COMPLIANCE.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), a covered entity shall comply with this 11 section not later than 6 months after publication of 12 the guidance referred to in subsection (c), or 1 year 13 after the date of the enactment of this Act, which- 14 ever occurs first. 15 (2) AUTHORITY TO EXTEND DEADLINE.—If a 16 State demonstrates to the satisfaction of the Sec- 17 retary that it is necessary to amend State law in 18 order to change a particular practice that is incon- 19 sistent with this Act, the Secretary may extend the 20 compliance date for the State and any covered enti- 21 ties in the State a reasonable number of days after 22 the close of the first State legislative session begin- 23 ning after the date the guidance referred to in sub- 24 section (c) is published. 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 16 •S 4629 IS (3) AUTHORITY TO WITHHOLD FUNDS.—If the 1 Secretary finds that a covered entity has failed to 2 comply with this Act, the Secretary may withhold 3 payment to the State of amounts otherwise payable 4 to the State under part B or E of title IV of the 5 Social Security Act (42 U.S.C. 621 et seq.; 42 6 U.S.C. 670 et seq.), to the extent determined by the 7 Secretary. 8 (i) GAO STUDY.— 9 (1) IN GENERAL.—Not later than 3 years after 10 the date of enactment of this Act, the Comptroller 11 General of the United States shall conduct a study 12 to determine whether the States have substantially 13 complied with this Act, including specifically whether 14 the States have— 15 (A) eliminated all policies, practices, or 16 laws that permit a covered entity to violate sub- 17 section (a); 18 (B) provided necessary training and tech- 19 nical support to covered entities to ensure all 20 services to children and youth involved with 21 child welfare services are carried out in a non- 22 discriminatory, affirming, safe, and culturally 23 competent manner; 24 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 17 •S 4629 IS (C) collected data necessary to accom- 1 plishing the purposes of this Act, and ensured 2 that the data is appropriately safeguarded, in- 3 cluding data related to— 4 (i) the sexual orientation and gender 5 identity of children and youth involved 6 with child welfare services; 7 (ii) the permanency and placement 8 outcomes and rates for those children and 9 youth, as compared to their non-LGBTQ 10 peers; 11 (iii) the rates at which those children 12 and youth are placed in family homes as 13 compared to congregate or group homes; 14 and 15 (iv) the sexual orientation, gender 16 identity, and marital status of foster and 17 adoptive parents, as well as the placement 18 rates and wait periods for those foster and 19 adoptive parents; and 20 (D) ensured that covered entities— 21 (i) are in compliance with this Act; 22 and 23 (ii) have implemented procedures for 24 children and youth involved with child wel- 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 18 •S 4629 IS fare services, or individuals or families par- 1 ticipating in, or seeking to participate in, 2 child welfare services, to report violations 3 of this Act. 4 (2) REPORT TO THE CONGRESS.—Not later 5 than 6 months after completing the study required 6 by paragraph (1), the Comptroller General shall sub- 7 mit to the Committee on Ways and Means of the 8 House of Representatives and the Committee on Fi- 9 nance of the Senate a written report that contains 10 the results of the study. 11 (j) RELATION TO OTHER LAWS.— 12 (1) RULE OF CONSTRUCTION.—Nothing in this 13 Act shall be construed to invalidate or limit rights, 14 remedies, or legal standards under title VI of the 15 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). 16 (2) CERTAIN CLAIMS.—The Religious Freedom 17 Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) 18 shall not provide a claim concerning, or a defense to 19 a claim under, this Act, or provide a basis for chal- 20 lenging the application or enforcement of this Act. 21 (k) DEFINITIONS.—In this section: 22 (1) CHILD OR YOUTH INVOLVED WITH CHILD 23 WELFARE SERVICES.—The term ‘‘child or youth in- 24 volved with child welfare services’’ means an indi- 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 19 •S 4629 IS vidual, aged 23 or younger, who participates in child 1 welfare programs or services that receive Federal fi- 2 nancial assistance under part A, B, or E of title IV 3 of the Social Security Act (42 U.S.C. 601 et seq.; 4 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title 5 XIX of the Social Security Act (42 U.S.C. 1396 et 6 seq.), or title XX of the Social Security Act (42 7 U.S.C. 1397 et seq.). 8 (2) CONVERSION THERAPY.— 9 (A) IN GENERAL.—The term ‘‘conversion 10 therapy’’ means a form of discrimination that 11 includes any practice or treatment which seeks 12 to change the sexual orientation or gender iden- 13 tity of an individual, including efforts to change 14 behaviors or gender expressions or to eliminate 15 or reduce sexual or romantic attractions or feel- 16 ings toward individuals of the same gender. 17 (B) EXCLUSIONS.—The term ‘‘conversion 18 therapy’’ does not include counseling that pro- 19 vides assistance to an individual undergoing 20 gender transition, or counseling that provides 21 acceptance, support, and understanding of an 22 individual or facilitates an individual with cop- 23 ing, social support, and identity exploration and 24 development, including sexual orientation-neu- 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 20 •S 4629 IS tral interventions to prevent or address unlaw- 1 ful conduct or unsafe sexual practices. 2 (3) COVERED ENTITY.—The term ‘‘covered en- 3 tity’’ means an entity that— 4 (A) receives Federal financial assistance 5 under part A, B, or E of title IV of the Social 6 Security Act (42 U.S.C. 601 et seq.; 42 U.S.C. 7 621 et seq.; 42 U.S.C. 670 et seq.), title XIX 8 of the Social Security Act (42 U.S.C. 1396 et 9 seq.), or title XX of the Social Security Act (42 10 U.S.C. 1397 et seq.); and 11 (B) is involved in the administration or 12 provision of child welfare programs or services. 13 (4) GENDER IDENTITY.—The term ‘‘gender 14 identity’’ means the gender-related identity, appear- 15 ance, mannerisms, or other gender-related character- 16 istics of an individual, regardless of the designated 17 sex of the individual at birth. 18 (5) RELIGION; SEX (INCLUDING SEXUAL ORI- 19 ENTATION AND GENDER IDENTITY), OR MARITAL 20 STATUS.—The term ‘‘religion, sex (including sexual 21 orientation and gender identity), or marital status’’, 22 used with respect to an individual, includes— 23 (A) the religion, sex (including sexual ori- 24 entation and gender identity), or marital status, 25 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 21 •S 4629 IS respectively, of another person with whom the 1 individual is or has been associated; and 2 (B) a perception or belief, even if inac- 3 curate, concerning the religion, sex (including 4 sexual orientation and gender identity), or mar- 5 ital status, respectively, of the individual. 6 (6) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Health and Human Services. 8 (7) SEX.—The term ‘‘sex’’ includes— 9 (A) a sex stereotype; 10 (B) pregnancy, childbirth, or a related 11 medical condition; 12 (C) sexual orientation or gender identity; 13 and 14 (D) sex characteristics, including intersex 15 traits. 16 (8) SEXUAL ORIENTATION.—The term ‘‘sexual 17 orientation’’ means homosexuality, heterosexuality, 18 or bisexuality. 19 (9) STATE.—The term ‘‘State’’ means each of 20 the 50 States of the United States, the District of 21 Columbia, the Commonwealth of Puerto Rico, the 22 United States Virgin Islands, Guam, the Common- 23 VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS 22 •S 4629 IS wealth of the Northern Mariana Islands, and Amer- 1 ican Samoa. 2 Æ VerDate Sep 11 2014 23:46 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6301 E:\BILLS\S4629.IS S4629 ssavage on LAPJG3WLY3PROD with BILLS