H.R. 4138 — Restoring Biological Truth in Government Act

This section prohibits the head of any executive agency from (1) soliciting or obtaining information on an individual's gender identity through any form or survey; (2) providing an option to select a sex or gender other than male or female on such a form or survey; and (3) accepting any submission providing a response other than male or female to a required sex or gender question. It directs the Director of the Office of Management and Budget to issue implementation guidance to executive agency heads not later than 180 days after enactment. The section defines "executive agency" to include the Executive Office of the President, executive departments, independent regulatory agencies, military departments, government corporations, and government-controlled corporations; "sex" as the biological classification of male or female; "gender" as a synonym for sex excluding gender identity, experienced gender, gender expression, or gender roles; "male" as an individual with (or who would have but for anomaly or accident) a reproductive system that produces, transports, or utilizes sperm; and "female" as an individual with (or who would have but for anomaly or accident) a reproductive system that produces, transports, or utilizes eggs.