STOP Act
- Bill Number
- S. 4426
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-04-29: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-06-25T18:59:06Z
AI-Generated Summary
Summary of S. 4426: Safeguarding The Overall Protection of Minors Act (STOP Act)
Purpose
The legislation aims to protect minors (individuals under 18) by prohibiting "gender transition procedures" — defined as hormonal, pharmaceutical, or surgical interventions intended to change a person's physical appearance or functions to align with a gender different from their biological sex. It authorizes civil penalties for violations, creates a private right to sue, and funds support for "detransition" (reversing or coping with prior procedures).
Key Provisions
- Definitions:
- Biological sex: Fixed as male (sperm-producing reproductive system) or female (egg-producing), regardless of anomalies.
- Gender transition procedures: Broad list including puberty blockers, cross-sex hormones, surgeries (e.g., mastectomy, vaginoplasty, phalloplasty, castration), and cosmetic changes. Exclusions apply for disorders of sex development (e.g., ambiguous genitalia confirmed by testing), treating complications from prior procedures, emergencies, male circumcision, or precocious puberty treatment.
- Other terms: "Minor" (under 18), "caretaker" (non-parent adult providing parental-like care), "detransition treatment" (reversing or coping with effects).
- Prohibition (Sec. 3(a)):
- Bans performing, attempting, conspiring, or aiding gender transition procedures on minors if linked to interstate/foreign commerce (e.g., travel, payments, communications, tools, or federal jurisdictions).
- Applies "knowingly" (actual or reasonable knowledge).
- Employer liability: Employers jointly liable for employees' violations.
- Enforcement and Penalties (Sec. 3(b)-(d)):
- Civil penalties: HHS Secretary imposes minimum $100,000 per violation after notice/hearing; Attorney General collects; funds create "Victims of Gender Transition Procedures Compensation Fund" for detransition support.
- No penalties on minors, parents, guardians, or caretakers.
- Additional penalty for obstructing investigations.
- Private Lawsuits (Sec. 3(c), (g)):
- Minors (or parents/guardians/caretakers) can sue violators for compensatory damages (e.g., fixing procedure effects), pain/suffering, and punitive damages (if malice proven).
- Applies retroactively; 25-year limit from age 18 or 4 years after detransition costs.
- Detransition Support Grants (Sec. 4):
- HHS awards grants to nonprofits (not involved in transitions or most abortions) for info/referrals on reversal care, education/employment aid, mental health.
- Grantees must protect privacy (HIPAA-like); no fees to individuals.
- Funds from penalties; HHS monitors compliance.
- Rules of Construction (Sec. 3(e)-(f)):
- Ambiguities resolved against violators; limited deference to old "standards of care" if disputed.
- No liability for counseling/discussing options (if not aiding procedures).
- Severability clause preserves rest of law if parts invalidated.
Significant Changes to Existing Law
- Introduces federal prohibition on gender transition procedures for minors via commerce clause, potentially overriding state allowances.
- Creates new civil penalties ($100k+ minimum), private lawsuits with long statute of limitations, and dedicated victim fund — no similar nationwide mechanism before.
- Funds detransition grants, excluding pro-transition/abortion entities (with narrow exceptions for rape/incest/life-threatening cases).
Potential Impacts
- Government Agencies: HHS gains enforcement role (investigations, penalties, grants, fund management); Attorney General handles collections.
- Citizens:
- Minors: Cannot access these procedures federally; gain lawsuit/fund support for reversal.
- Providers/employers: Face severe financial risks, potential business closure.
- Parents/guardians: Protected from penalties but can sue; limited in seeking procedures.
- International Relations: None directly addressed; commerce clause may affect cross-border travel/services.
Main Stakeholders Affected
- Minors and those with gender dysphoria (restricted access, detransition aid).
- Healthcare providers (doctors, clinics, hospitals — penalties, liability).
- Parents, guardians, caretakers (sue on behalf; no penalties).
- Nonprofits/organizations (grants for detransition; exclusions for others).
- HHS and DOJ (new duties).
Notable Legal, Constitutional, or Political Implications
- Legal: Broad commerce jurisdiction expands federal reach into medical practice; retroactive suits and joint liability increase litigation; ambiguities favor enforcement.
- Constitutional: Potential challenges under commerce clause (overreach?), due process/equal protection (discriminates on gender-related care?), parental rights (1st/14th Amendments), or free speech (counseling limits).
- Political: Defines sex biologically, disputes medical "standards of care"; promotes detransition while restricting transitions — likely to spark debate on child protection vs. medical autonomy/federalism.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-04-29: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2026-04-29: Introduced in Senate
Bill Versions
- Safeguarding The Overall Protection of Minors Act — issued 2026-04-29 — PDF (24 pages)