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-
tives of the United States of America in Congress assembled, 
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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 biol-
ogy and genetics at birth. 
‘‘(3) For the purposes of this subsection, the term 
‘athletic programs and activities’ includes, but is not lim-
ited to, all programs or activities that are provided condi-
tional 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 des-
ignated for women or girls so long as no female is deprived 
of a roster spot on a team or sport, opportunity to partici-
pate in a practice or competition, scholarship, admission 
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to an educational institution, or any other benefit that ac-
companies participating in the athletic program or activ-
ity. 
‘‘(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 partici-
pants in athletic programs, that are designed for girls, in-
cluding displacement or discouragement from sports par-
ticipation, deprivation of a roster spot on a team or sport, 
loss of the opportunity to participate in a practice or com-
petition, loss of a scholarship or scholarship opportunities, 
loss or displacement of admission to an educational insti-
tution, 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 ath-
letics program or activity. Further, the Comptroller Gen-
eral shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the Com-
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mittee 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. 
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