Text of US HB 9218 (2024)

I 118TH CONGRESS 2D SESSION H. R. 9218 To establish a clear and consistent biological definition of male and female. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2024 Mrs. MILLER of Illinois (for herself, Mr. HARRIS, Mr. MOONEY, Mr. GUEST, Mr. SELF, Mr. LAMALFA, Mr. STEUBE, Mrs. LESKO, Mrs. MCCLAIN, Mrs. LUNA, Ms. BOEBERT, Ms. TENNEY, and Mr. MOORE of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a clear and consistent biological definition of male and female. 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 ‘‘Defining Male and Fe- 4 male Act of 2024’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In human beings, there are two—and only 8 two—sexes: male and female, which refer to the two 9 VerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9218.IH H9218 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 9218 IH body structures (phenotypes) that, in normal devel- 1 opment, correspond to one or the other gamete— 2 sperm for males and ova for females. 3 (2) Every individual is either male or female. 4 (3) An individual’s sex can be observed or clini- 5 cally verified at or before birth. 6 (4) Rare disorders of sexual development are 7 not exceptions to the binary nature of sex. 8 (5) In no case is an individual’s sex determined 9 by stipulation or self-identification. 10 (6) There is increasing confusion about the def- 11 inition and implications of sex as a biological truth 12 and its relationship to concepts and terms including 13 but not limited to sex assigned at birth, gender, gen- 14 der identity, gender role, gender expression, and ex- 15 perienced gender. 16 (7) Confusion and ambiguities surrounding the 17 definitions of sex, male, female, and related terms 18 can hinder individual efforts to enjoy equal treat- 19 ment under the law. 20 (8) Legal equality of the two sexes—male and 21 female—does not imply that the sexes are identical 22 to each other or are the same in every respect. 23 (9) With respect to the two sexes—male and fe- 24 male—separate facilities or sports leagues estab- 25 VerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9218.IH H9218 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 9218 IH lished because of or organized according to physical 1 differences between the sexes do not constitute un- 2 equal treatment under the law. 3 (10) Physical differences between males and fe- 4 males are enduring, and the two sexes are not fun- 5 gible. 6 (11) To prevent further efforts to undermine 7 the longstanding meaning and understanding of sex, 8 male, female, and related terms, it is necessary for 9 Congress to reaffirm and codify the meaning of 10 these terms. 11 SEC. 3. DEFINITION OF ‘‘SEX’’, ‘‘MALE’’, ‘‘FEMALE’’, AND RE- 12 LATED TERMS. 13 Chapter 1 of title 1, United States Code, is amended 14 by adding at the end the following: 15 ‘‘§ 9. Definition of ‘sex’, ‘male’, ‘female’, and related 16 terms 17 ‘‘In determining the meaning of any Act of Congress, 18 or of any ruling, regulation, or interpretation of the var- 19 ious administrative bureaus and agencies of the United 20 States, the word— 21 ‘‘(1) ‘sex’, when referring to individual’s sex, 22 shall be understood to refer to either male or female, 23 as biologically determined and defined by this sec- 24 tion; 25 VerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9218.IH H9218 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 9218 IH ‘‘(2) ‘female’, when referring to a natural per- 1 son, means an individual who naturally has, had, 2 will have, or would have, but for a developmental or 3 genetic anomaly or historical accident, the reproduc- 4 tive system that at some point produces, transports, 5 and utilizes eggs for fertilization; 6 ‘‘(3) ‘male’, when referring to a natural person, 7 means an individual who naturally has, had, will 8 have, or would have, but for a developmental or ge- 9 netic anomaly or historical accident, the reproductive 10 system that at some point produces, transports, and 11 utilizes sperm for fertilization; 12 ‘‘(4) ‘woman’ means an adult human female; 13 ‘‘(5) ‘girl’ means a minor human female; 14 ‘‘(6) ‘man’ means an adult human male; 15 ‘‘(7) ‘boy’ means a minor human male; 16 ‘‘(8) ‘mother’ means a female parent; 17 ‘‘(9) ‘father’ means a male parent; 18 ‘‘(10) ‘gender’— 19 ‘‘(A) means— 20 ‘‘(i) males, females, or the natural dif- 21 ferences between males and females, unless 22 such term is otherwise specified or used 23 alone (rather than with or as an adjective 24 modifying other words); and 25 VerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9218.IH H9218 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 9218 IH ‘‘(ii) a synonym for sex; and 1 ‘‘(B) does not mean a synonym for terms 2 or ideas such as gender identity, experienced 3 gender, gender expression, or gender roles; and 4 ‘‘(11) ‘gender identity’ does not mean sex or 5 gender.’’. 6 Æ VerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H9218.IH H9218 ssavage on LAPJG3WLY3PROD with BILLS