Sec. 3. Recognizing women are biologically distinct from men
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/bill/119/hr/3950/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide to the Federal agencies, and the public clear guidance expanding on the definitions set forth in section 2. The head of a Federal agency and the employees of such agency shall enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes. In carrying out paragraph (1), head of a Federal agency shall use the definitions set forth in section 2 when— interpreting or applying statutes, regulations, or guidance; and conducting all other official agency business, documents, and communications.
In administering and enforcing sex-based distinctions, the head of a Federal agency, and the employees of such agency acting in an official capacity on behalf of the agency, shall use the term sex and not the term gender in all applicable Federal policies and documents. The Secretary of State, the Secretary of Homeland Security, and the Director of the Office of Personnel Management shall each implement changes to require that Government-issued identification documents (including passports, visas, and Global Entry cards) accurately reflect the holder’s sex, as defined under section 2.
The Director of the Office of Personnel Management shall ensure that applicable personnel records accurately report the sex of a Federal employee, as defined by section 2. The head of a Federal agency shall— remove all statements, policies, regulations, forms, communications, and other internal and external messages that promote or otherwise inculcate gender ideology; and cease issuing such statements, policies, regulations, forms, communications, or other messages. The head of a Federal agency— shall ensure that the forms used by the agency require an individual’s sex to be listed as male or female; and may not request gender identity.
The head of a Federal agency shall take all necessary steps, as permitted by law, to end the Federal funding of gender ideology. The Attorney General shall— promptly issue guidance to the heads of Federal agencies to correct the misapplication of the Supreme Court’s decision in Bostock v. Clayton County (590 U.S. 644; 2020) to sex-based distinctions in agency activities; and issue guidance and assist the heads of Federal agencies in protecting sex-based distinctions, which are explicitly permitted under constitutional and statutory precedent.
Federal funds may not be used to promote gender ideology. The head of each Federal agency shall— assess grant conditions and grantee preferences; and ensure that grant funds do not promote gender ideology.
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- 590 U.S. 644
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Sec. 3
Recognizing women are biologically distinct from men
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