S. 5179 explained · 119th Congress · Pending in Congress
Title IX Clarification Act of 2026
Cosponsors: 12 (0 D, 12 R) · per Congress.gov, 2026-10-14
Introduced: 2026-07-30
Latest action (2026-07-30): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What S. 5179 does, in plain terms
Title IX Clarification Act of 2026 This bill defines the terms sex, female, and male for purposes of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs that receive federal financial assistance. Specifically, the bill defines sex as an individual’s biologically determined sex, as either male or female. Therefore, Title IX's prohibition on sex discrimination only applies to biological sex under the bill. The bill defines female, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the large gamete (ova) for fertilization. The bill defines male, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the small gamete (sperm) for fertilization. (A January 20, 2025, executive order stated that it is the policy of the United States to recognize two sexes—male and female—which are not changeable. On February 4, 2025, the Department of Education announced its intent to enforce its Title IX regulations consistent with this executive order. For more information on the status of these regulations, see LBS11279.)
Official summary by the Congressional Research Service, via Congress.gov.
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The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The bill is a valid exercise of Congress's power under the Spending Clause to attach conditions to federal financial assistance, and defining 'sex' as biological sex in Title IX is a permissible clarification that does not exceed Congress's enumerated powers or violate constitutional prohibitions. The majority of Founders (Hamilton, Madison, Marshall) agree that the bill is constitutional, as it respects federalism by allowing states to decline funds and is a necessary and proper means to ensure uniform nondiscrimination standards.
The bill is a valid exercise of Congress's power under the Spending Clause to attach conditions to federal financial assistance. The Constitution grants Congress authority to lay and collect taxes to provide for the general welfare, and to make all laws necessary and proper for executing that power. Defining the term 'sex' in Title IX as biological sex is a permissible clarification of the condition attached to federal funds, consistent with the principle that Congress may prescribe the terms under which it disburses money. This does not infringe upon any constitutional prohibition, as the Con…
The bill, by seeking to define 'sex' for purposes of Title IX as biological reality, rests on Congress's power under the Spending Clause to attach conditions to federal funds. However, the Constitution does not grant Congress general authority over education or the definition of personal attributes like sex; such matters are reserved to the States and the people under the Tenth Amendment. Moreover, the Ninth Amendment reminds us that the enumeration of certain rights does not disparage others retained by the people. If this bill is applied in a manner that infringes upon state sovereignty or i…
This bill clarifies the definition of 'sex' for purposes of Title IX nondiscrimination requirements attached to federal financial assistance. Under the Spending Clause, Congress has the authority to define terms and attach conditions to federal funds to ensure they are used in accordance with federal policy. The Tenth Amendment reserves to the states powers not delegated, but here the condition is a permissible exercise of Congress's power to provide for the general welfare and does not commandeer state governments; states may decline the funds. The clarification does not exceed the enumerated…
This bill is a permissible exercise of Congress's power under the Spending Clause to attach conditions to federal financial assistance, and to define the terms of those conditions. The Necessary and Proper Clause grants Congress the authority to choose the means to carry out its enumerated powers, and defining 'sex' as biological reality in Title IX is a means plainly adapted to the legitimate end of ensuring uniform nondiscrimination standards in federally funded education programs. As held in McCulloch v. Maryland, the Constitution does not require Congress to enumerate every incidental powe…
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