Text of US HB 4138 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 4138 To prohibit the heads of executive agencies from asking about gender identity on any form or survey, to require executive agencies provide male and female as the only options to respond to questions about sex or gender on any forms or surveys and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 25, 2025 Ms. MACE (for herself and Mr. MOORE of Alabama) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the heads of executive agencies from asking about gender identity on any form or survey, to require executive agencies provide male and female as the only options to respond to questions about sex or gender on any forms or surveys and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restoring Biological 4 Truth in Government Act’’. 5 VerDate Sep 11 2014 03:37 Jul 01, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4138.IH H4138 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 4138 IH SEC. 2. PROHIBITION ON ASKING ABOUT GENDER IDEN- 1 TITY ON ANY EXECUTIVE AGENCY FORM OR 2 SURVEY. 3 (a) PROHIBITION.—With respect to any collection of 4 information conducted by or for an executive agency 5 through a form or survey, the head of such agency— 6 (1) may not— 7 (A) solicit or obtain any information re- 8 garding the gender identity of an individual; 9 and 10 (B) provide an option to select or mark on 11 the form or survey that sex or gender of an in- 12 dividual is something other than male or fe- 13 male; and 14 (2) shall reject the submission of any such form 15 or survey that provides a response other than male 16 or female to a required question on sex or gender. 17 (b) OMB GUIDANCE.—Not later than 180 days after 18 the date of enactment of this Act, the Director of the Of- 19 fice of Management and Budget shall issue guidance to 20 the heads of covered agencies on the implementation of 21 the provisions of this section. 22 (c) DEFINITIONS.—In this Act: 23 (1) EXECUTIVE AGENCY.—The term ‘‘executive 24 agency’’ means an establishment in the executive 25 branch of the Federal Government, including— 26 VerDate Sep 11 2014 03:37 Jul 01, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4138.IH H4138 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 4138 IH (A) the Executive Office of the President; 1 (B) any executive department; 2 (C) any independent regulatory agency; 3 (D) any military department; 4 (E) any government corporation; and 5 (F) any government-controlled corporation. 6 (2) FEMALE.—The term ‘‘female’’ means an in- 7 dividual who naturally has, had, will have, or would 8 have, but for a developmental or genetic anomaly or 9 historical accident, the reproductive system that at 10 some point produces, transports, and utilizes eggs 11 for fertilization. 12 (3) GENDER.—The term ‘‘gender’’— 13 (A) means— 14 (i) males, females, or the natural dif- 15 ferences between males and females, unless 16 such term is otherwise specified or used 17 alone (rather than with or as an adjective 18 modifying other words); and 19 (ii) a synonym for sex; and 20 (B) does not mean gender identity, experi- 21 enced gender, gender expression, or gender 22 roles. 23 (4) GENDER IDENTITY.—The term ‘‘gender 24 identity’’ does not mean sex or gender. 25 VerDate Sep 11 2014 03:37 Jul 01, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4138.IH H4138 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 4138 IH (5) MALE.—The term ‘‘male’’ means an indi- 1 vidual who naturally has, had, will have, or would 2 have, but for a developmental or genetic anomaly or 3 historical accident, the reproductive system that at 4 some point produces, transports, and utilizes sperm 5 for fertilization. 6 (6) SEX.—The term ‘‘sex’’ means the biological 7 determination as to whether an individual is male or 8 female. 9 Æ VerDate Sep 11 2014 03:37 Jul 01, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4138.IH H4138 kjohnson on DSK7ZCZBW3PROD with $$_JOB