H.R. 4138: Restoring Biological Truth in Government Act

This bill, titled the Restoring Biological Truth in Government Act, seeks to establish rules regarding the collection of information about individuals' gender and sex by federal executive agencies. It includes the following key provisions:

Prohibition on Asking About Gender Identity

• The heads of executive agencies will be prohibited from asking about an individual's gender identity on any forms or surveys.
• Agencies cannot provide options beyond "male" or "female" for questions related to sex or gender. This means forms or surveys can only allow respondents to identify as either male or female and cannot recognize any other gender identities.
• Any forms or surveys that include responses other than "male" or "female" for sex or gender will be rejected by the agencies.

Implementation Guidance

Within 180 days after the bill becomes law, the Director of the Office of Management and Budget is required to issue guidance to the heads of relevant agencies on how to implement these new rules.

Definitions

The bill also provides specific definitions for terms used, clarifying what is meant by:

• Executive agency: Refers to any establishment within the executive branch of the Federal Government, including departments and independent regulatory agencies.
• Male: Defined as an individual with a reproductive system that, at some point, produces or utilizes sperm for fertilization.
• Female: Defined as an individual with a reproductive system that, at some point, produces or utilizes eggs for fertilization.
• Gender: Means males or females, focusing on the natural differences and does not include gender identity or expression.
• Gender identity: Clarified in the bill as distinct from sex or gender.
• Sex: Defined as the biological determination of whether an individual is male or female.

Overall Objective

The primary objective of the bill is to limit the ways federal agencies collect data related to gender, steering clear of questions that explore identities beyond the binary classifications of male and female. This reflects a legislative intent to engage with gender in a strictly biological context.

Relevant Companies

None found.