I 

118TH CONGRESS 

1ST SESSION H. R. 6258 

To amend the Child Abuse Prevention and Treatment Act to disqualify 

any State that discriminates against parents or guardians who oppose 

medical, surgical, pharmacological, psychological treatment, or clothing 

and social changes related to affirming the subjective claims of gender 

identity expressed by any minor if such claimed identity is inconsistent 

with such minor’s biological sex from receiving funding under such Act. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 7, 2023 

Mr. BANKS (for himself, Mrs. MILLER of Illinois, Mr. LAMALFA, Ms. 

HAGEMAN, and Mr. MOONEY) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Child Abuse Prevention and Treatment Act 

to disqualify any State that discriminates against parents 

or guardians who oppose medical, surgical, pharmacological, psychological treatment, or clothing and social 

changes related to affirming the subjective claims of gender identity expressed by any minor if such claimed 

identity is inconsistent with such minor’s biological sex 

from receiving funding under such Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 6258 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Guaranteeing 

3 Unalienable and Anatomical Rights for Dependents Act’’ 

4 or the ‘‘GUARD Act’’. 

5 SEC. 2. STATE GRANT REQUIREMENTS. 

6 The Child Abuse Prevention and Treatment Act (42 

7 U.S.C. 5101 et seq.) is amended by inserting after section 

8 3 the following: 

9 ‘‘SEC. 4. STATE GRANT REQUIREMENTS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, no State may receive funding under this Act 

12 if such State takes any adverse action or otherwise dis13 criminates against parents, guardians, or legal representa14 tives who oppose medical, surgical, pharmacological, psy15 chological treatment, or other medical intervention, or 

16 clothing, name or pronoun use, or other social changes or 

17 practices related to transitioning to or affirming the 

18 claims or expressions of gender identity of any minor 

19 under the charge, care, or supervision of the parent, 

20 guardian, or legal representative, if such gender identity 

21 is inconsistent, in such parent’s, guardian’s, or legal rep22 resentative’s estimation, with such minor’s biological sex, 

23 as determined definitively at or before birth, regardless of 

24 any medical diagnosis or indication of gender dysphoria, 

25 body dysphoria, dissociative identity disorder, or social 

26 anxiety disorder. 


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•HR 6258 IH

1 ‘‘(b) ENFORCEMENT.—In the case of an award made 

2 by the Secretary under this Act in violation of subsection 

3 (a), any parent, guardian, or legal representative who ex4 perienced an adverse action or other discrimination de5 scribed in subsection (a) by a State receiving funding 

6 under this Act may bring an action, in an appropriate 

7 Federal district court of the United States or State court, 

8 against the Department of Health and Human Services, 

9 seeking to enjoin the Secretary from continuing such 

10 award to such State and to require the State awarded 

11 amounts in violation of subsection (a) to return such funds 

12 to the Treasury.’’. 

Æ 


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