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Stop the Sexualization of Children Act

H.R. 9197 · 117th Congress · Oct 18, 2022 · Lineage

A BILL

To prohibit the use of Federal funds to develop, implement, facilitate, or fund any sexually oriented program, event, or literature for children under the age of 10, and for other purposes.

Section 1 Short title

This Act may be cited as the “Stop the Sexualization of Children Act”.

Sec. 2 Findings

Congress finds the following:
(1)
Certain school districts that receive Federal grants have implemented sexual education for children under 10 years of age.
(2)
Many newly implemented sexual education curriculums encourage discussions of sexuality, sexual orientation, transgenderism, and gender ideology as early as kindergarten.
(3)
State and local library systems, museums, and other educational institutions that receive Federal grants have purchased sexually oriented literature and materials that target preadolescent children and teach them about concepts like masturbation, pornography, sexual acts, and gender transition.
(4)
Private organizations, State government agencies, and local government agencies have made use of Federal grants to host and promote sexually oriented events like drag queen story hours and burlesque shows.
(5)
Federal agencies like the Department of Defense have used Federal funds to promote and host burlesque shows and drag shows on Federal property during family-oriented events.

Sec. 3 Sense of Congress

It is the sense of Congress that—
(1)
parents and legal guardians have the right and responsibility to determine where, if, when, and how their children are exposed to material of a sexual nature; and
(2)
Federal funds should not be used to expose children under 10 years of age to sexually oriented material.

Sec. 4 Prohibiting the presentation of sexually oriented materials to children under the age of 10

(a)
Federal funds limitation— No Federal funds may be made available to develop, implement, facilitate, or fund any sexually oriented program, event, or literature for children under the age of 10, including hosting or promoting any program, event, or literature involving sexually oriented material, or any program, event, or literature that exposes children under the age of 10 to nude adults, individuals who are stripping, or lewd or lascivious dancing.
(b)
Prohibition at Federal facilities— A federally owned facility or property may not be used to host or promote any sexually oriented program, event, or literature for children under the age of 10, including any program, event, or literature listed in subsection (a).
(c)
Civil action—
(1)
Private right of action— A parent or legal guardian of a child may bring a civil action for injunctive relief in any Federal district court of appropriate jurisdiction against a government official, government agency, or private entity for a violation of subsection (a) or subsection (b) by such an official, agency, or entity if the child was—
(A)
exposed to sexually oriented material funded in part or in whole by Federal funds; and
(B)
under the age of 10 at the time that such exposure occurred.
(2)
Statute of limitations— An action under this subsection may commence not later than 1 year after a violation occurs under subsection (a) or (b).
(3)
Attorney’s fees and other costs— In any action brought under this subsection, the court, in its discretion, may award a prevailing plaintiff reasonable attorney’s fees, expert witness fees, and other costs of litigation.
(d)
Prohibition on Federal funds—
(1)
Administrative enforcement— The head of a Federal agency may not disburse Federal funds to any Federal program, State or local government agency, or private entity for 3 fiscal years if that entity receives 2 or more injunctions for violations of subsection (a) or (b) in a 5-year period.
(2)
Notification— The appropriate head of a Federal agency shall submit to a government agency or private entity written notice of the prohibition on the disbursement of Federal funds under paragraph (1).
(3)
Appeal— Not later than 30 days after receiving a notice pursuant to paragraph (2), a government agency or private entity may appeal a prohibition on the disbursement of Federal funds under paragraph (1) in an administrative hearing of the appropriate agency.
(e)
Definitions— In this section:
(1)
Sexually oriented material— The term “sexually oriented material” means any depiction, description, or simulation of sexual activity, any lewd or lascivious depiction or description of human genitals, or any topic involving gender identity, gender dysphoria, transgenderism, sexual orientation, or related subjects.
(2)
Stripping— The term “stripping” means any act which involves the removal or simulated removal of clothing in a sexual manner for the entertainment of one or more individuals.