H.R. 734 — what changed

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.

changed “(3) Nothing in For the purposes of 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 subsection, the term “athletic programs and activities” includes, but 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, not limited to, all programs or any other benefit activities that accompanies participating in the are provided conditional upon participation with any athletic program or activity.”team.

added “(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.

added “(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.”