Bill · S. 851· Senate(119-S-851)
GUARD Act
- Introduced
- 3/5/2025
- Last activity
- 3/5/2025 — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Sponsored by
- Jim Banks
- Cosponsors
- - 2 - 0
- Introduced
- In Committee
What this bill would do
This bill, known as the "GUARD Act," seeks to amend the Child Abuse Prevention and Treatment Act. It aims to disqualify states from receiving funding under that Act if they discriminate against parents, guardians, or legal representatives who oppose certain treatments or social changes for minors. These changes include medical, surgical, pharmacological, or psychological treatments, as well as clothing or name and pronoun changes related to gender identity. The bill specifically targets instances where the minor's claimed identity is inconsistent with their biological sex determined at or before birth. It also establishes enforcement mechanisms through federal or state courts.
Yes
Does this give the federal government more power?+4
The bill empowers the federal government to disqualify states from receiving funding based on specific state actions regarding minors.
Does this reduce what the federal government spends?+2
The bill allows for the recovery of funds from states that violate the new requirements to be returned to the Treasury.
The opposite· 3 of 4
Would LGBTQ people be better off under this?-8
The bill targets and seeks to restrict the affirmation of gender identity for minors.
Does this expand the rights of LGBTQ people?-7
The bill creates a framework that targets parents who oppose gender-affirming treatments and social changes for minors.
Would children be better off under this?-5
The bill's restrictions on gender-affirming care may negatively impact children seeking such treatments.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection of Parental Rights: The bill prevents states from taking adverse action against parents or guardians who oppose medical, surgical, or psychological treatments and social changes for their children (Section 2, subsection a).
-
Legal Recourse for Families: Parents, guardians, or legal representatives who experience discrimination from a state receiving this funding can bring an action in Federal district court or State court (Section 2, subsection b).
-
Financial Accountability: The bill allows for legal actions to require states to return funds to the Treasury if they receive awards in violation of the specified requirements (Section 2, subsection b).
Potential Negative Impacts for People
- Loss of Federal Funding for States: States that discriminate against those opposing gender-affirming treatments or social changes may be disqualified from receiving funding under the Child Abuse Prevention and Treatment Act (Section 2, subsection a).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For L G B T Q Community-8Good For Children-5
- Social Issues And Justice
- Improves L G B T Q Rights-7
- Governance And Ideology
- Increases Federal Power+4
- Healthcare
- Improves Healthcare Access-3
- Economy And Finance
- Reduces Government Spending+2
- 3/5/2025
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Tom CottonRepublican · Arkansas
Josh HawleyRepublican · Missouri