Rules of construction; application to funding restrictions under parts B and E of title IV of the Social Security Act

Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following new section: 479C. Rules of construction; application to funding restrictions under parts B and E (a) Affirming a child's sex is not abuse In administering, enforcing, or awarding funds under this part or part B, including under section 477, the Secretary shall not treat, and shall ensure that no recipient or subrecipient uses funds awarded under such provisions to treat, affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent as child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety, or welfare, or as an indication of parental unfitness or incapacity. (b) Condition on receipt of funds; rights protected As a condition of receiving funds, including any grants, subgrants, or other allocations, under this part or part B, including under section 477, a covered entity shall protect the following rights and shall not discriminate or take an adverse State action against an individual because such individual exercises, has exercised, or intends to exercise any such right: (1) A parent or legal guardian has the right to affirm a child's sex, including the right for the child not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to— (A) the provision, facilitation, funding, authorization, or permission of any sex-rejecting intervention for the child; (B) the use of pronouns or titles that do not correspond to the child's sex, without the express written consent of such parent or legal guardian; or (C) if the child is 4 years of age or older, being permitted or assigned the use of sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other area in which the child would be in a state of undress, with individuals of the opposite sex. (2) A parent or legal guardian has the right not to be required to consent to the child being subjected to any of the actions described in subparagraph (A), (B), or (C) of paragraph (1) as a condition of custody or return of the child, or visitation, communication, or reunification with the child. (3) A parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent has a right to be free from discrimination or adverse State action for affirming or intending to affirm a child’s sex. (4) A child has the right not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to any sex-rejecting intervention. (c) Scope of application For purposes of the restrictions on the use of awards under this part or part B, including under section 477, if any covered entity receives funds under either such part or section, directly or as a recipient of a subgrant, contract, or other allocation, the requirements and prohibitions of such restrictions shall apply to all of the operations, divisions, facilities, and programs of that covered entity, regardless of whether the specific operation, division, facility, or program that engages in the conduct described in such restrictions itself received such funds..