HR734-118

1. Short title This Act may be cited as the Protection of Women and Girls in Sports Act of 2023.

2. Amendment Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended by adding at the end the following: 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. For the purposes of this subsection, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth. 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. 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. 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. (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..