Federal

Protection of Women and Girls in Sports Act of 2023

Source: Congress.gov · 689 words in original text

What This Bill Does

This bill changes Title IX rules for schools and programs that receive federal money. It says that for sports designated for women or girls, only people whose reproductive biology and genetics at birth were male can be prevented from participating.

Who It Affects

Schools and organizations that receive federal funding and operate sports programs or athletic activities.

Key Provisions

• It is a violation of Title IX for schools receiving federal money to allow a person whose sex is male to participate in sports programs designated for women or girls. (Sec. 2, Section 901(d)(1)) • Sex must be recognized based solely on a person's reproductive biology and genetics at birth for purposes of this rule. (Sec. 2, Section 901(d)(2)) • The rule applies to all programs or activities provided as part of participation with any athletic team. (Sec. 2, Section 901(d)(3)) • Schools can allow males to train or practice with female sports teams as long as no female loses a roster spot, chance to compete, scholarship, or admission to school. (Sec. 2, Section 901(d)(4)) • The Comptroller General (the head auditor of the federal government) must study what benefits girls receive from single-sex sports and report findings to Congress. (Sec. 2, Section 901(e))

What Changes

Schools must follow new rules about which athletes can participate in women's and girls' sports programs if they receive federal funding.

Important Definitions

None explicitly defined beyond "athletic programs and activities" as all programs or activities provided conditional upon participation with any athletic team.

II 118TH CONGRESS 1ST SESSION H. R. 734 IN THE SENATE OF THE UNITED STATES APRIL 25, 2023 Received AN ACT To amend the Education Amendments of 1972 to provide that for purposes of determining compliance with title IX of such Act in athletics, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:40 Jan 04, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H734.RDS H734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 HR 734 RDS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protection of Women 2 and Girls in Sports Act of 2023’’. 3 SEC. 2. AMENDMENT. 4 Section 901 of the Education Amendments of 1972 5 (20 U.S.C. 1681) is amended by adding at the end the 6 following: 7 ‘‘(d)(1) It shall be a violation of subsection (a) for 8 a recipient of Federal financial assistance who operates, 9 sponsors, or facilitates athletic programs or activities to 10 permit a person whose sex is male to participate in an 11 athletic program or activity that is designated for women 12 or girls. 13 ‘‘(2) For the purposes of this subsection, sex shall 14 be recognized based solely on a person’s reproductive biol- 15 ogy and genetics at birth. 16 ‘‘(3) For the purposes of this subsection, the term 17 ‘athletic programs and activities’ includes, but is not lim- 18 ited to, all programs or activities that are provided condi- 19 tional upon participation with any athletic team. 20 ‘‘(4) Nothing in this subsection shall be construed to 21 prohibit a recipient from permitting males to train or 22 practice with an athletic program or activity that is des- 23 ignated for women or girls so long as no female is deprived 24 of a roster spot on a team or sport, opportunity to partici- 25 pate in a practice or competition, scholarship, admission 26 VerDate Sep 11 2014 01:40 Jan 04, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H734.RDS H734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 HR 734 RDS to an educational institution, or any other benefit that ac- 1 companies participating in the athletic program or activ- 2 ity. 3 ‘‘(e) The Comptroller General shall carry out a study 4 to determine the meaning of the phrase ‘any other benefit’ 5 as used in subsection (d)(4) by looking at benefits to 6 women or girls of participating in single sex sports that 7 would be lost by allowing males to participate. The study 8 shall document the adverse psychological, developmental, 9 participatory, and sociological results to girls of allowing 10 males to compete, be members of a sports team, or partici- 11 pants in athletic programs, that are designed for girls, in- 12 cluding displacement or discouragement from sports par- 13 ticipation, deprivation of a roster spot on a team or sport, 14 loss of the opportunity to participate in a practice or com- 15 petition, loss of a scholarship or scholarship opportunities, 16 loss or displacement of admission to an educational insti- 17 tution, deprivation of the benefit of an environment free 18 of hostility based on sexual assault or harassment, or any 19 other benefit that accompanies participating in the ath- 20 letics program or activity. Further, the Comptroller Gen- 21 eral shall submit to the Committee on Education and the 22 Workforce of the House of Representatives and the Com- 23 VerDate Sep 11 2014 01:40 Jan 04, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H734.RDS H734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 HR 734 RDS mittee on Health, Education, Labor, and Pensions of the 1 Senate a report that contains the results of such study.’’. 2 Passed the House of Representatives April 20, 2023. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 01:40 Jan 04, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H734.RDS H734 kjohnson on DSK7ZCZBW3PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.