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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protection of Women 

3 and Girls in Sports Act of 2023’’. 

4 SEC. 2. AMENDMENT. 

5 Section 901 of the Education Amendments of 1972 

6 (20 U.S.C. 1681) is amended by adding at the end the 

7 following: 

8 ‘‘(d)(1) It shall be a violation of subsection (a) for 

9 a recipient of Federal financial assistance who operates, 

10 sponsors, or facilitates athletic programs or activities to 

11 permit a person whose sex is male to participate in an 

12 athletic program or activity that is designated for women 

13 or girls. 

14 ‘‘(2) For the purposes of this subsection, sex shall 

15 be recognized based solely on a person’s reproductive biol16 ogy and genetics at birth. 

17 ‘‘(3) For the purposes of this subsection, the term 

18 ‘athletic programs and activities’ includes, but is not lim19 ited to, all programs or activities that are provided condi20 tional upon participation with any athletic team. 

21 ‘‘(4) Nothing in this subsection shall be construed to 

22 prohibit a recipient from permitting males to train or 

23 practice with an athletic program or activity that is des24 ignated for women or girls so long as no female is deprived 

25 of a roster spot on a team or sport, opportunity to partici26 pate in a practice or competition, scholarship, admission 


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1 to an educational institution, or any other benefit that ac2 companies participating in the athletic program or activ3 ity. 

4 ‘‘(e) The Comptroller General shall carry out a study 

5 to determine the meaning of the phrase ‘any other benefit’ 

6 as used in subsection (d)(4) by looking at benefits to 

7 women or girls of participating in single sex sports that 

8 would be lost by allowing males to participate. The study 

9 shall document the adverse psychological, developmental, 

10 participatory, and sociological results to girls of allowing 

11 males to compete, be members of a sports team, or partici12 pants in athletic programs, that are designed for girls, in13 cluding displacement or discouragement from sports par14 ticipation, deprivation of a roster spot on a team or sport, 

15 loss of the opportunity to participate in a practice or com16 petition, loss of a scholarship or scholarship opportunities, 

17 loss or displacement of admission to an educational insti18 tution, deprivation of the benefit of an environment free 

19 of hostility based on sexual assault or harassment, or any 

20 other benefit that accompanies participating in the ath21 letics program or activity. Further, the Comptroller Gen22 eral shall submit to the Committee on Education and the 

23 Workforce of the House of Representatives and the ComVerDate Sep 11 2014 01:40 Jan 04, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H734.RDS H734

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1 mittee on Health, Education, Labor, and Pensions of the 

2 Senate a report that contains the results of such study.’’. 

Passed the House of Representatives April 20, 2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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