```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 734 Received in Senate (RDS)]

<DOC>
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Women and Girls in 
Sports Act of 2023''.

SEC. 2. AMENDMENT.

    Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is 
amended by adding at the end the following:
    ``(d)(1) It shall be a violation of subsection (a) for a recipient 
of Federal financial assistance who operates, sponsors, or facilitates 
athletic programs or activities to permit a person whose sex is male to 
participate in an athletic program or activity that is designated for 
women or girls.
    ``(2) For the purposes of this subsection, sex shall be recognized 
based solely on a person's reproductive biology and genetics at birth.
    ``(3) For the purposes of this subsection, the term `athletic 
programs and activities' includes, but is not limited to, all programs 
or activities that are provided conditional upon participation with any 
athletic team.
    ``(4) Nothing in this subsection shall be construed to prohibit a 
recipient from permitting males to train or practice with an athletic 
program or activity that is designated for women or girls so long as no 
female is deprived of a roster spot on a team or sport, opportunity to 
participate in a practice or competition, scholarship, admission to an 
educational institution, or any other benefit that accompanies 
participating in the athletic program or activity.
    ``(e) The Comptroller General shall carry out a study to determine 
the meaning of the phrase `any other benefit' as used in subsection 
(d)(4) by looking at benefits to women or girls of participating in 
single sex sports that would be lost by allowing males to participate. 
The study shall document the adverse psychological, developmental, 
participatory, and sociological results to girls of allowing males to 
compete, be members of a sports team, or participants in athletic 
programs, that are designed for girls, including displacement or 
discouragement from sports participation, deprivation of a roster spot 
on a team or sport, loss of the opportunity to participate in a 
practice or competition, loss of a scholarship or scholarship 
opportunities, loss or displacement of admission to an educational 
institution, deprivation of the benefit of an environment free of 
hostility based on sexual assault or harassment, or any other benefit 
that accompanies participating in the athletics program or activity. 
Further, the Comptroller General shall submit to the Committee on 
Education and the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report that contains the results of such study.''.

            Passed the House of Representatives April 20, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```