What This Bill Does
This bill modifies a federal law about education to change how sex is recognized in school athletics. It requires that sex be determined only by a person's reproductive biology and genetics at birth for purposes of Title IX athletics compliance (a federal law about equal treatment in education).
Who It Affects
Organizations that receive federal funds and operate, sponsor or manage school athletic programs.
Key Provisions
• It becomes a violation of federal law for schools receiving federal funds to allow a person whose sex is male to participate in an athletic program designated for women or girls (Sec. 2)
• Sex must be recognized based solely on a person's reproductive biology and genetics at birth for Title IX athletics purposes (Sec. 2)
What Changes
Schools receiving federal funds would be prohibited from permitting males to participate in women's or girls' athletic programs under Title IX rules.
Important Definitions
"Sex" is defined as a person's reproductive biology and genetics at birth.
II
118TH CONGRESS
1ST SESSION
S. 613
To provide that for purposes of determining compliance with title IX of
the Education Amendments of 1972 in athletics, sex shall be recognized
based solely on a person’s reproductive biology and genetics at birth.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Mr. TUBERVILLE (for himself, Mr. LEE, Mr. LANKFORD, Mr. COTTON, Mrs.
BLACKBURN, Mr. MARSHALL, Mr. BUDD, Mr. CRAMER, Mrs. HYDE-
SMITH, Mr. BRAUN, Mr. SCOTT of Florida, Mr. RISCH, Mr. CRAPO, Mr.
HAGERTY, Mr. RUBIO, Ms. ERNST, Ms. LUMMIS, Mr. DAINES, Mr.
HAWLEY, Mr. MULLIN, Mr. GRAHAM, and Mrs. BRITT) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
A BILL
To provide that for purposes of determining compliance with
title IX of the Education Amendments of 1972 in ath-
letics, 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protection of Women
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and Girls in Sports Act of 2023’’.
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•S 613 IS
SEC. 2. AMENDMENT.
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Section 901 of the Education Amendments of 1972
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(20 U.S.C. 1681) is amended by adding at the end the
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following:
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‘‘(d)(1) It shall be a violation of subsection (a) for
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a recipient of Federal funds who operates, sponsors, or
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facilitates athletic programs or activities to permit a per-
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son whose sex is male to participate in an athletic program
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or activity that is designated for women or girls.
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‘‘(2) For purposes of this subsection, sex shall be rec-
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ognized based solely on a person’s reproductive biology
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and genetics at birth.’’.
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Æ
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