Protection of Women and Girls in Sports Act of 2023
This bill generally prohibits school athletic programs from allowing individuals whose biological sex at birth was male to participate in programs that are for women or girls.
Specifically, the bill provides that it is a violation of Title IX of the Education Amendments of 1972 for federally funded education programs or activities to operate, sponsor, or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls. (Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities, including in public elementary and secondary schools and in colleges and universities.) Under the bill, sex is based on an individual's reproductive biology and genetics at birth.
The bill does not prohibit male individuals from training or practicing with programs or activities for women or girls as long as such training or practice does not deprive any female of corresponding opportunities or benefits.
The Government Accountability Office must report on the benefits for women or girls in single-sex sports that would be lost as a result of male participation. In particular, the report must document the negative psychological, developmental, participatory, and sociological effects of male participation on girls.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 734 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 734
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2023
Mr. Steube (for himself, Ms. Tenney, Ms. Foxx, Mr. Wittman, Mr. Webster
of Florida, Mr. Balderson, Mr. Buck, Mrs. Wagner, Mr. Carter of
Georgia, Mr. Gaetz, Mrs. Miller-Meeks, Mr. Smith of Missouri, Mr.
Ellzey, Mr. Griffith, Mr. LaMalfa, and Mr. Carl) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
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 USC 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) 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.''.
<all>
Considered as unfinished business. (consideration: CR H1890-1893; text: CR H1891)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 298, the Committee of the Whole proceeded with 10 minutes of debate on the Mace amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Mace amendment No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Mace demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 298, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 2.
Mr. Ogles moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 734 as unfinished business.
Considered as unfinished business. (consideration: CR H1893-1896)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 734.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Ms. Balint moved to recommit to the Committee on Education and the Workforce. (text: CR H1894)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 204 - 218 (Roll no. 191).
Roll Call #191 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 203 (Roll no. 192).
Roll Call #192 (House)On passage Passed by the Yeas and Nays: 219 - 203 (Roll no. 192).
Roll Call #192 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.