119-HR4138

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4138

1. Short title
2. Prohibition on asking about gender identity on any executive agency form or survey

1. Short title

This Act may be cited as the "Restoring Biological Truth in Government Act".

2. Prohibition on asking about gender identity on any executive agency form or survey

(a) Prohibition - With respect to any collection of information conducted by or for an executive agency through a form or survey, the head of such agency—

(1) - may not—

(A) - solicit or obtain any information regarding the gender identity of an individual; and

(B) - provide an option to select or mark on the form or survey that sex or gender of an individual is something other than male or female; and

(2) - shall reject the submission of any such form or survey that provides a response other than male or female to a required question on sex or gender.

(b) OMB guidance - Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to the heads of covered agencies on the implementation of the provisions of this section.

(c) Definitions - In this Act:

(1) Executive agency - The term executive agency means an establishment in the executive branch of the Federal Government, including—

(A) - the Executive Office of the President;

(B) - any executive department;

(C) - any independent regulatory agency;

(D) - any military department;

(E) - any government corporation; and

(F) - any government-controlled corporation.

(2) Female - The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

(3) Gender - The term gender—

(A) - means—

(i) - males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and

(ii) - a synonym for sex; and

(B) - does not mean gender identity, experienced gender, gender expression, or gender roles.

(4) Gender identity - The term gender identity does not mean sex or gender.

(5) Male - The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

(6) Sex - The term sex means the biological determination as to whether an individual is male or female.