Early access: 15,549 bills from the current Congress so far, more added daily. Data from Congress.gov, GovInfo and the House and Senate vote records, updated Oct 13, 2026.
Public Law TrackerPLTPublic Law Tracker
H.R. 4138IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 4138

Prohibition on asking about gender identity on any executive agency form or survey

Read this section in the full bill →

This section appears in one version only, so there is nothing to compare yet.

(a) Prohibition With respect to any collection of information conducted by or for an executive agency through a form or survey, the head of such agency— (1) may not— (A) solicit or obtain any information regarding the gender identity of an individual; and (B) provide an option to select or mark on the form or survey that sex or gender of an individual is something other than male or female; and (2) shall reject the submission of any such form or survey that provides a response other than male or female to a required question on sex or gender. (b) OMB guidance Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to the heads of covered agencies on the implementation of the provisions of this section. (c) Definitions In this Act: (1) Executive agency The term executive agency means an establishment in the executive branch of the Federal Government, including— (A) the Executive Office of the President; (B) any executive department; (C) any independent regulatory agency; (D) any military department; (E) any government corporation; and (F) any government-controlled corporation. (2) Female The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (3) Gender The term gender — (A) means— (i) males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and (ii) a synonym for sex; and (B) does not mean gender identity, experienced gender, gender expression, or gender roles. (4) Gender identity The term gender identity does not mean sex or gender. (5) Male The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (6) Sex The term sex means the biological determination as to whether an individual is male or female.

Sec. 2: Prohibition on asking about gender identity on any executive agency form or survey · Public Law Tracker