H.R. 3950 — Truth in Gender Act of 2025

This section defines, for purposes of the Act, "(1) sex" as an individual's immutable biological classification as either male or female (excluding gender identity); "(2) women" or "woman," and "girls" or "girl," as an adult or juvenile human female, respectively; "(3) men" or "man," and "boys" or "boy," as an adult or juvenile human male, respectively; "(4) female" as a person belonging, at conception, to the sex that produces the large reproductive cell; and "(5) male" as a person belonging, at conception, to the sex that produces the small reproductive cell. This section states congressional findings that gender ideology replaces the biological category of sex with self-assessed gender identity (permitting claims that males can become women and vice versa, positing a spectrum of genders disconnected from sex, and maintaining the possibility of being born in the wrong-sexed body); and that gender identity reflects a subjective sense of self disconnected from biological sex.

This section directs the Secretary of Health and Human Services (HHS), not later than 30 days after enactment, to issue guidance to federal agencies and the public expanding on the biological definitions of sex in section 2. It requires agency heads and employees to enforce sex-based rights, protections, opportunities, and accommodations—using section 2 definitions in interpreting statutes, regulations, guidance, and all other agency business—and to use the term "sex" (not "gender") in applicable federal policies and documents. It further directs the Secretaries of State and Homeland Security and the Director of the Office of Personnel Management (OPM) to update government-issued identification documents (e.g., passports, visas, Global Entry cards) and OPM personnel records to reflect an individual's biological sex as defined in section 2; requires agencies to remove or cease all statements, policies, regulations, forms, and communications promoting gender ideology, to modify forms to list sex as male or female (without requesting gender identity), and to end federal funding of gender ideology; directs the Attorney General to issue guidance correcting any misapplication of Bostock v. Clayton County (590 U.S. 644 (2020)) to sex-based distinctions and to assist agencies in protecting such distinctions; and prohibits use of federal funds to promote gender ideology, including via grants or grantee preferences.

This section directs the Attorney General and Secretary of Homeland Security to ensure males are not detained in women's prisons or housed in women's detention centers, including by amending 28 C.F.R. §115.41 (or successor regulations) and interpreting Americans with Disabilities Act guidance. It further requires the Secretary of Housing and Urban Development to initiate notice-and-comment rulemaking to rescind the September 21, 2016, final rule entitled "Equal Access in Accordance with an Individual's Gender Identity in Community Planning and Development Programs" (81 Fed. Reg. 64763) and to submit for public comment a policy protecting women seeking single-sex rape shelters. The section also requires the Attorney General to direct the Bureau of Prisons to revise medical care policies consistent with the Act and to prohibit federal funding for any inmate medical procedure, treatment, or drug to conform appearance to the opposite sex. Finally, it requires heads of federal agencies to ensure intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not gender identity.

This section directs the Attorney General to issue guidance ensuring (1) the freedom to express the binary nature of sex and (2) the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964. It further requires the Attorney General, Secretary of Labor, General Counsel and Chair of the Equal Employment Opportunity Commission (EEOC), and heads of other federal agencies with enforcement responsibilities under that Act to prioritize investigations and litigation enforcing those rights in accordance with the guidance.

This section (1) requires the head of each federal agency to submit to the President, through the Director of the Office of Management and Budget, an implementation update no later than 120 days after enactment that details changes to agency documents (including regulations, guidance, forms, and communications) to comply with the Act and any agency-imposed requirements on federally funded entities (including contractors) to achieve the Act's policy; (2) provides that the Act's requirements supersede conflicting provisions in any other law; and (3) directs each agency head to promptly rescind agency guidance documents inconsistent with the Act or guidance issued by the Attorney General pursuant to the Act (or relevant parts thereof), including documents identified in section 7(c) of Executive Order 14168.

This section states that the Act creates no enforceable right or benefit, substantive or procedural, against the United States, its departments, agencies, entities, officers, employees, agents, or any other person. The section also includes a severability clause preserving the remainder of the Act if any provision or its application is held invalid.