I 

118TH CONGRESS 

2D SESSION H. R. 9218 

To establish a clear and consistent biological definition of male and female. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2024 

Mrs. MILLER of Illinois (for herself, Mr. HARRIS, Mr. MOONEY, Mr. GUEST, 

Mr. SELF, Mr. LAMALFA, Mr. STEUBE, Mrs. LESKO, Mrs. MCCLAIN, 

Mrs. LUNA, Ms. BOEBERT, Ms. TENNEY, and Mr. MOORE of Alabama) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To establish a clear and consistent biological definition of 

male and female. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defining Male and Fe5 male Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In human beings, there are two—and only 

9 two—sexes: male and female, which refer to the two 


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1 body structures (phenotypes) that, in normal devel2 opment, correspond to one or the other gamete— 

3 sperm for males and ova for females. 

4 (2) Every individual is either male or female. 

5 (3) An individual’s sex can be observed or clini6 cally verified at or before birth. 

7 (4) Rare disorders of sexual development are 

8 not exceptions to the binary nature of sex. 

9 (5) In no case is an individual’s sex determined 

10 by stipulation or self-identification. 

11 (6) There is increasing confusion about the def12 inition and implications of sex as a biological truth 

13 and its relationship to concepts and terms including 

14 but not limited to sex assigned at birth, gender, gen15 der identity, gender role, gender expression, and ex16 perienced gender. 

17 (7) Confusion and ambiguities surrounding the 

18 definitions of sex, male, female, and related terms 

19 can hinder individual efforts to enjoy equal treat20 ment under the law. 

21 (8) Legal equality of the two sexes—male and 

22 female—does not imply that the sexes are identical 

23 to each other or are the same in every respect. 

24 (9) With respect to the two sexes—male and fe25 male—separate facilities or sports leagues estabVerDate Sep 11 2014 17:12 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9218.IH H9218

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1 lished because of or organized according to physical 

2 differences between the sexes do not constitute un3 equal treatment under the law. 

4 (10) Physical differences between males and fe5 males are enduring, and the two sexes are not fun6 gible. 

7 (11) To prevent further efforts to undermine 

8 the longstanding meaning and understanding of sex, 

9 male, female, and related terms, it is necessary for 

10 Congress to reaffirm and codify the meaning of 

11 these terms. 

12 SEC. 3. DEFINITION OF ‘‘SEX’’, ‘‘MALE’’, ‘‘FEMALE’’, AND RE13 LATED TERMS. 

14 Chapter 1 of title 1, United States Code, is amended 

15 by adding at the end the following: 

16 ‘‘§ 9. Definition of ‘sex’, ‘male’, ‘female’, and related 

17 terms 

18 ‘‘In determining the meaning of any Act of Congress, 

19 or of any ruling, regulation, or interpretation of the var20 ious administrative bureaus and agencies of the United 

21 States, the word— 

22 ‘‘(1) ‘sex’, when referring to individual’s sex, 

23 shall be understood to refer to either male or female, 

24 as biologically determined and defined by this sec25 tion; 


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1 ‘‘(2) ‘female’, when referring to a natural per2 son, means an individual who naturally has, had, 

3 will have, or would have, but for a developmental or 

4 genetic anomaly or historical accident, the reproduc5 tive system that at some point produces, transports, 

6 and utilizes eggs for fertilization; 

7 ‘‘(3) ‘male’, when referring to a natural person, 

8 means an individual who naturally has, had, will 

9 have, or would have, but for a developmental or ge10 netic anomaly or historical accident, the reproductive 

11 system that at some point produces, transports, and 

12 utilizes sperm for fertilization; 

13 ‘‘(4) ‘woman’ means an adult human female; 

14 ‘‘(5) ‘girl’ means a minor human female; 

15 ‘‘(6) ‘man’ means an adult human male; 

16 ‘‘(7) ‘boy’ means a minor human male; 

17 ‘‘(8) ‘mother’ means a female parent; 

18 ‘‘(9) ‘father’ means a male parent; 

19 ‘‘(10) ‘gender’— 

20 ‘‘(A) means— 

21 ‘‘(i) males, females, or the natural dif22 ferences between males and females, unless 

23 such term is otherwise specified or used 

24 alone (rather than with or as an adjective 

25 modifying other words); and 


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1 ‘‘(ii) a synonym for sex; and 

2 ‘‘(B) does not mean a synonym for terms 

3 or ideas such as gender identity, experienced 

4 gender, gender expression, or gender roles; and 

5 ‘‘(11) ‘gender identity’ does not mean sex or 

6 gender.’’. 

Æ 


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