Text of US HB 8781 (2026)

I 119TH CONGRESS 2D SESSION H. R. 8781 To clarify that for purposes of Federal nondiscrimination requirements appli- cable to education programs or activities receiving Federal financial as- sistance, discrimination prohibited under title IX of the Education Amendments of 1972 is based on the biological reality of sex. IN THE HOUSE OF REPRESENTATIVES MAY 13, 2026 Mr. ARRINGTON (for himself, Mr. DOWNING, Mr. MCCORMICK, Mr. FULCHER, Mr. SMITH of New Jersey, Mr. BOST, Ms. TENNEY, Mrs. BIGGS of South Carolina, Mr. MOORE of Alabama, Mr. RULLI, Mr. STEUBE, Mr. PFLUGER, Mr. STAUBER, Mr. CARTER of Georgia, Mr. SIMPSON, Mr. MASSIE, Mr. BABIN, Mrs. HARSHBARGER, Mr. MOORE of West Virginia, Mr. SMITH of Nebraska, Mr. MCDOWELL, Mrs. FEDORCHAK, and Mr. MANN) introduced the following bill; which was referred to the Committee on Education and Workforce A BILL To clarify that for purposes of Federal nondiscrimination requirements applicable to education programs or activi- ties receiving Federal financial assistance, discrimination prohibited under title IX of the Education Amendments of 1972 is based on the biological reality of sex. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 06:05 May 14, 2026 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8781.IH H8781 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 8781 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Title IX Clarification 2 Act of 2026’’. 3 SEC. 2. AMENDMENTS. 4 Section 901(c) of the Education Amendments of 5 1972 (20 U.S.C. 1681(c)) is amended— 6 (1) by striking ‘‘title an educational institution’’ 7 and inserting the following: 8 ‘‘title— 9 ‘‘(1) the term ‘educational institution’ ’’, 10 (2) by striking the period at the end and insert- 11 ing a semicolon, and 12 (3) by adding at the end the following: 13 ‘‘(2) the term ‘sex’ refers to an individual’s bio- 14 logically determined sex, as either male or female; 15 ‘‘(3) the term ‘female’, when used with respect 16 to a natural person, means an individual who natu- 17 rally has, had, will have, or would have, but for a 18 congenital anomaly, historical accident, or inten- 19 tional or unintentional disruption, the reproductive 20 system that at some point produces, transports, and 21 utilizes the large gamete (ova) for fertilization; and 22 ‘‘(4) the term ‘male’, when used with respect to 23 a natural person, means an individual who naturally 24 has, had, will have, or would have, but for a con- 25 genital anomaly, historical accident, or intentional or 26 VerDate Sep 11 2014 06:05 May 14, 2026 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8781.IH H8781 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 8781 IH unintentional disruption, the reproductive system 1 that at some point produces, transports, and utilizes 2 the small gamete (sperm) for fertilization.’’. 3 SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 4 (a) EFFECTIVE DATE.—Except as provided in sub- 5 section (b), this Act and the amendments made by this 6 Act shall take effect on the date of the enactment of this 7 Act. 8 (b) APPLICATION OF AMENDMENTS.—The amend- 9 ments made by this Act shall apply with respect to edu- 10 cation programs and activities for which Federal financial 11 assistance is received on or after the date of the enactment 12 of this Act. 13 Æ VerDate Sep 11 2014 06:05 May 14, 2026 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8781.IH H8781 kjohnson on DSK7ZCZBW3PROD with $$_JOB