HR3950-119

What This Bill Does

The Truth in Gender Act codifies a federal sex-definition policy and requires agency implementation. It defines sex as immutable biological classification as male or female, not gender identity, and defines female and male by reproductive cell role at conception. HHS must issue guidance within 30 days, and federal agencies must use the definitions when interpreting statutes, regulations, guidance, official documents, forms, communications, identification documents, personnel records, and sex-based rights or accommodations. State, Homeland Security, and OPM must make government-issued IDs such as passports, visas, Global Entry cards, and personnel records reflect sex as defined by the Act. Agencies must remove statements, policies, regulations, forms, communications, and messages promoting what the bill calls gender ideology, stop requesting gender identity on forms, and end federal funding for gender ideology as permitted by law. DOJ and DHS must ensure males are not detained in women's prisons or detention centers, HUD must propose rescission of the 2016 Equal Access gender-identity rule and seek comment on protections for women in single-sex rape shelters, and BOP must align medical care policy and stop federal spending for inmate procedures, treatments, or drugs meant to conform appearance to the opposite sex. Agencies must designate intimate spaces by sex. DOJ must issue guidance on freedom to express binary sex and the right to single-sex spaces in workplaces and federally funded entities, and DOJ, Labor, EEOC, and other civil-rights enforcers must prioritize investigations and litigation. Agencies must report implementation changes and requirements for contractors or federally funded entities to OMB within 120 days, and rescind inconsistent guidance.

Who Benefits and How

Supporters of biological-sex definitions benefit because the bill requires federal agencies to use sex rather than gender identity across records and enforcement. Women seeking single-sex shelters benefit if HUD rescinds gender-identity shelter rules and protects single-sex rape shelters. Female prisoners benefit from rules barring males from women's prisons and detention centers. Civil-rights complainants favoring sex-based spaces benefit from DOJ, Labor, EEOC, and agency enforcement priority.

Who Bears the Burden and How

Transgender people bear the burden because federal identity documents, forms, programs, prisons, shelters, and medical policies must disregard gender identity. Federal agency heads must revise documents, forms, regulations, guidance, communications, grants, and contractor requirements. State Department passport staff must implement sex-definition changes for passports and visas. DHS document staff must implement changes for Global Entry cards and detention policies. OPM personnel staff must revise federal employee records and related systems. Bureau of Prisons medical staff must stop using federal funds for covered appearance-conforming care for inmates.

Key Provisions

• Defines sex, female, male, women, girls, men, and boys through biological classification rather than gender identity.
• Requires federal agencies to use sex rather than gender identity in statutes, rules, forms, documents, records, and official business.
• Directs passports, visas, Global Entry cards, and federal personnel records to reflect sex as defined by the Act.
• Prohibits males from women's prisons and detention centers and requires intimate spaces to be designated by sex.
• Requires HUD rulemaking to rescind gender-identity shelter rules and protect single-sex rape shelters.
• Bars federal inmate medical spending for procedures, treatments, or drugs to conform appearance to the opposite sex.
• Directs civil-rights enforcement for sex-based spaces and binary-sex expression.
• Requires agency implementation reports to OMB within 120 days and rescission of inconsistent guidance.