H. Rpt. 119-497 accompanies infrastructure legislation titled "Protection of Women in Olympic and Amateur Sports Act of 2026". Infrastructure bills affect highways, bridges, airports, transit, water systems, broadband, ports, or federal buildings. The Judiciary Committee's report describes the infrastructure need, the proposed federal investment or regulatory change, and projected economic and community benefits. Infrastructure reports typically include analysis of safety, efficiency, environmental impact, and regional effects.
Official report text. Use Ctrl+F / Cmd+F to search within the document.
House Report 119-497 - PROTECTION OF WOMEN IN OLYMPIC AND AMATEUR SPORTS ACT OF 2026
[House Report 119-497]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-497
======================================================================
PROTECTION OF WOMEN IN OLYMPIC AND AMATEUR SPORTS ACT OF 2026
_______
February 17, 2026.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1028]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1028) to modify eligibility requirements for amateur
sports governing organizations, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 13
New Budget Authority and Tax Expenditures........................ 13
Congressional Budget Office Cost Estimate........................ 13
Committee Estimate of Budgetary Effects.......................... 13
Duplication of Federal Programs.................................. 13
Performance Goals and Objectives................................. 13
Advisory on Earmarks............................................. 14
Federal Mandates Statement....................................... 14
Advisory Committee Statement..................................... 14
Applicability to Legislative Branch.............................. 14
Section-by-Section Analysis...................................... 14
Changes in Existing Law Made by the Bill, as Reported............ 14
Dissenting Views................................................. 19
The amendment is as follows:
Strike all that follows after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Women in Olympic and
Amateur Sports Act of 2026''.
SEC. 2. ELIGIBILITY REQUIREMENTS.
(a) Definition.--Section 220501(b) of title 36, United States Code,
is amended by adding at the end the following:
``(13) `female' means an individual who has, had, will have--
or would have, but for a developmental or genetic anomaly or
historical accident--the reproductive system that at some point
produces, transports, and utilizes eggs for fertilization.
``(14) `male' means an individual who has, had, will have--or
would have, but for a developmental or genetic anomaly or
historical accident--the reproductive system that at some point
produces, transports, and utilizes sperm for fertilization.
``(15) `sex' means an individual's biological sex, either
male or female.''.
(b) Eligibility.--Section 220522 of title 36, United States Code, is
amended--
(1) in paragraph (18), by striking ``and'' at the end;
(2) in paragraph (19), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(20) prohibits a person whose sex is male from
participating in an amateur athletic competition that is
designated for females, women, or girls.''.
Purpose and Summary
H.R. 1028, the Protection of Women in Olympic and Amateur
Sports Act of 2026, introduced by Rep. Greg Steube (R-FL),
would amend the charter of the U.S. Olympic Committee to define
``male'' and ``female,'' and to prohibit any athletic governing
body recognized by the U.S. Olympic Committee from allowing men
to participate in any athletic competition that is designated
for women or girls.
Background and Need for the Legislation
TITLE IX
In 1972, Representative Edith Green (D-OR) and Senator
Birch Bayh (D-IN) sponsored what became known as ``Title
IX.''\1\ Senator Bayh proposed an amendment to the Educational
Amendments of 1971 to combat ``the continuation of corrosive
and unjustified discrimination against women [in the American
educational system]''\2\ and to:
---------------------------------------------------------------------------
\1\Sherry Boschert, The true mother of Title IX. And why it matters
now more than ever Wash. Post (June 22, 2022) https://
www.washingtonpost.com/outlook/2022/06/22/true-mother-title-ix-why-it-
matters-now-more-than-ever/.
\2\Synopsis of Purpose of Title IX, Legislative History, and
Regulations--Title IX Legal Manual, Justia, Oct. 2022, https://
www.justia.com/education/docs/title-ix-legal-manual/synopsis-of-
purpose-of-title-ix/.
Provide for the women of America something that is
rightfully theirs--an equal chance to attend the
schools of their choice, to develop the skills they
want, and to apply those skills with the knowledge that
they will have a fair chance to secure the jobs of
their choice with equal pay for equal work.\3\
---------------------------------------------------------------------------
\3\Title IX of the Education Amendments of 1972: Resources from the
Law Library, Library of Congress, https://guides.loc.gov/title-IX-law-
library-resources/legislative-path.
Eventually, that proposal became Title IX of the Educational
Amendments of 1972. Upon enactment, the administration of Title
IX was assigned to the Department of Health, Education and
Welfare (HEW), specifically the Office of Civil Rights (OCR),
for enforcement.\4\ When the Department of Education was
created in 1979, enforcement of Title IX was transferred to the
Department of Education's Office of Civil Rights.\5\
---------------------------------------------------------------------------
\4\Title IX and Sex Discrimination, U.S. Dep't of Educ., Off. For
Civ. Rts., http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
(Aug. 20, 2021).
\5\History of Title IX, Women's Sports Foundation, (Aug. 13, 2019).
---------------------------------------------------------------------------
Originally, Title IX did not explicitly mention
``athletics'' as part of the covered programs or activities.\6\
However, in 1974, Congress expanded Title IX's scope by passing
the ``Javits's Amendment,'' which directed HEW to implement
regulations that included intercollegiate athletic
activities.\7\ HEW complied on July 21, 1975,\8\ by mandating
that ``[n]o person shall on the basis of sex, be excluded from
participation in, be denied the benefits of, be treated
differently from another person or otherwise be discriminated
against in any interscholastic, intercollegiate, club or
intramural athletics . . . .''\9\
---------------------------------------------------------------------------
\6\20 U.S.C. Sec. 1687 (2022).
\7\Education Amendments of 1974, Pub. L. No. 93-380, Sec. 844, 88
Stat. 612 (1974).
\8\35 C.F.R. Sec. 106.1 (2022).
\9\Id.
---------------------------------------------------------------------------
``Sex'' Versus ``Gender''
Historically the terms ``sex'' and ``gender'' have been
used interchangeably, but in modern society, their meanings
have changed and become more distinct.\10\ Title IX's original
text does not mention ``gender,'' which has come to refer to
the social, psychological, cultural, and behavioral aspects of
being a man or woman.\11\ Instead, the text focused on the term
``sex,'' which refers to the biological differences between
males and females.\12\
---------------------------------------------------------------------------
\10\Tim Newman, Sex and Gender: What's the Difference?, Med. News
Today (May 11, 2021).
\11\35 C.F.R. Sec. 106.1 (2022). See also Gender and Health, WHO,
https://www.who.int/gender-
equity-rights/understanding/gender-definition/en/ (Dec. 30, 2022).
\12\Id.
---------------------------------------------------------------------------
There are separate sports competitions for men and women
for a reason, as physiological differences between the sexes
generally give men advantages in most sports. For example, a
report by Dr. Gregory Brown, a professor of exercise science at
the University of Nebraska, noted that not only are males
physiologically advantaged compared to women when they are
fully grown, but before puberty as well.\13\ Additionally, Dr.
Brown reported that even when testosterone is suppressed, males
still have a physiological advantage over females in athletics,
which is especially relevant when examined in the context of
liberal athletic organizations' rules and regulations for
transgender athletes.\14\
---------------------------------------------------------------------------
\13\Natalie Allen, New Expert Report Confirms Women Need a Level
Playing Field, Alliance Defending Freedom, July 13, 2022, https://
adflegal.org/article/new-expert-report-confirms-women-need-level-
playing-field.
\14\Id.
---------------------------------------------------------------------------
In addition to concerns about the fairness of competitions,
allowing biological males to participate in women's sports can
pose serious safety concerns as well. For example, biological
males tend to have greater muscle mass, bone density, and
aerobic capacity than biological females.\15\ In contact and
combat sports, these physiological differences can lead to an
increased risk of injury to female competitors.\16\
---------------------------------------------------------------------------
\15\See, e.g., Zachary Faria, Biological men competing in most
women's sports is unfair. In rugby, it's dangerous, Wash. Ex. (Oct. 28,
2020), https://www.washingtonexaminer.com/opinion/beltway-confidential/
846873/biological-men-competing-in-most-womens-sports-is-unfair-in-
rugby-its-dangerous/.
\16\See, e.g., Id.
---------------------------------------------------------------------------
Notwithstanding the strong opposition from most
Americans,\17\ some institutions of higher education and other
sports governing organizations are forcing biological men into
women's sports without discussion or consent of students and
athletes.\18\
---------------------------------------------------------------------------
\17\See, e.g., Macy Petty, New Exit Polls Confirm the Surprising
Key Issue in the 2024 Election, Concerned Women for American
Legislative Action Committee (Nov. 18, 2024).
\18\See. E.g., Nathaniel Cline, Va. AG says Roanoke College
discriminated against female athletes by allowing trans swimmer on team
Virginia Mercury (Aug. 25, 2025).
---------------------------------------------------------------------------
President Trump's Protection of Women's Sports
While campaigning for his second term, President Trump
highlighted men in women's sports and the general abuse of
transgender procedures committed against children. In November
2024, President Trump promised ``[w]e will of course keep men
out of women's sports.''\19\ After President Trump's
overwhelming victory, the Concerned Women for America conducted
an exit poll that found 70 percent of responding voters
indicated transgender issues played a significant role in
deciding their vote.\20\
---------------------------------------------------------------------------
\19\Trump: `We will of course keep men out of women's sports' Wash.
Post (Nov. 3, 2024).
\20\Macy Petty, New Exit Polls Confirm the Surprising Key Issue in
the 2024 Election, Concerned Women for American Legislative Action
Committee (Nov. 18, 2024).
---------------------------------------------------------------------------
Some Democrat politicians have even admitted the party went
too far on so-called ``gender-affirming care.'' For example,
Gilberto Hinojosa, the former chair of the Texas Democratic
Party, admitted to a local radio station that on transgender
issues ``you can understand that there's certain things we just
go too far on, that a big bulk of our population does not
support.''\21\ This comment caused so much outrage from the
far-left that Hinojosa soon after resigned from his
position.\22\ Representative Seth Moulton (D-MA) notably told
the New York Times that ``Democrats spend way too much time
trying not to offend anyone rather than being brutally honest
about the challenges many Americans face. I have two little
girls. I don't want them getting run over on a playing field by
a male or formerly male athlete, but as a Democrat, I'm
supposed to be afraid to say that . . . .''\23\
---------------------------------------------------------------------------
\21\Matt Lavietes, Some Democrats blame party's position on
transgender rights in part for Harris' loss NBC (March 4, 2025).
\22\Id.
\23\Id.
---------------------------------------------------------------------------
Within the first 30 days of his new administration,
President Trump issued five executive orders pertaining to men
in women's sports and so-called ``gender-affirming care.''\24\
On February 5, 2025, President Trump signed an executive order
titled ``Keeping Men out of Women's Sports.''\25\ This
executive order prevents biological males competing on women
and girls' sports teams.\26\ Further, the order threatens to
revoke funding to any institution allowing biological boys and
men on women's teams in violation of Title IX.\27\ The order
was met with swift support from the National Collegiate
Athletic Association (NCAA), and the NCAA immediately updated
its policy to limit women's sports teams to athletes who are
biologically female.\28\
---------------------------------------------------------------------------
\24\Ivana Saric, All of the anti-trans executive orders Trump has
signed, AXIOS (Feb. 5, 2025).
\25\Exec. Order No. 14201.
\26\Id.
\27\Id.
\28\Marina Dunbar, NCAA bars transgender athletes from competing in
women's college sports, The Guardian (Feb. 6, 2025).
---------------------------------------------------------------------------
State Laws and Related Litigation
On January 13, 2026, the Supreme Court heard oral arguments
in the cases of Little v. Hecox and West Virginia v. B.P.J., in
which the Court will decide whether states may pass laws
restricting biological men's participation in women's
sports.\29\ Both cases ask whether it is a violation of the
Equal Protection Clause of the Fourteenth Amendment to the
Constitution for states to implement laws that require students
to play on the sports teams for their biological sex.\30\ The
most recent and significant Supreme Court decision on state
laws pertaining to transgender individuals was United States v.
Skrmetti in June 2025. In that case, the Court found that the
Tennessee law banning certain transgender medical interventions
for minors did not violate the Equal Protection Clause of the
Fourteenth Amendment.\31\
---------------------------------------------------------------------------
\29\Little, Governor of Idaho v. Hecox, 104 F.4th 1061 (9th Cir.
2024), cert granted (July 3, 2025); West Virginia v. B.P.J., 98 F.4th
542 (4th Cir. 2024), cert granted (July 3, 2025).
\30\Id.
\31\United States v. Skrmetti, 605 U.S. _ (2025).
---------------------------------------------------------------------------
Little v. Hecox
In 2020, Idaho enacted HB 500, the Fairness in Women's
Sports Act, which prohibited biological men claiming to be
women from participating in female athletic teams in public
schools.\32\ Prior to HB 500, males who had undergone a year of
hormone therapy were allowed to participate in female sports by
the Idaho high school athletic association and NCAA.\33\
Lindsay Hecox, a man identifying as a woman and a freshman (at
the time) at Boise State University (BSU), sued claiming the
act violated his constitutional right to equal protection.\34\
The district court granted a preliminary injunction, finding
that the law was likely unconstitutional, and the U.S. Court of
Appeals for the Ninth Circuit later affirmed an injunction that
only applied to Hecox.\35\ Due to the injunction, Hecox was
able to participate in BSU's women's club soccer and women's
club running teams, and try out for BSU's NCAA women's cross-
country and track teams.\36\ The state of Idaho appealed to the
Supreme Court, stating its legislation was a response to the
``growing trend of males identifying as females competing
against--and beating--females in women's sports across the
country.''\37\
---------------------------------------------------------------------------
\32\Id., see also Little, Governor of Idaho v. Hecox, 104 F.4th
1061, 9th Cir. 2024 (Brief in Opposition at 1-5).
\33\Little, Governor of Idaho v. Hecox, 104 F.4th 1061, 9th Cir.
2024 (Brief in Opposition at 1-5).
\34\Id. at 5-12.
\35\Id. at 5-12.
\36\Id. at 1-5.
\37\Little, Governor of Idaho v. Hecox, 104 F.4th 1061, 9th Cir.
2024 (Petition for a Writ of Certiorari at 4).
---------------------------------------------------------------------------
West Virginia v. B.P.J.
In 2021, the state of West Virginia enacted a law entitled
the ``Save Women's Sports Act.''\38\ Before the law took
effect, a then-11-year-old male attempting to identify as
female--identified in court documents as B.P.J.--challenged the
legality of the statute under Title IX and the Equal Protection
Clause of the Fourteenth Amendment.\39\ The district court
issued a preliminary injunction in July 2021, which allowed
B.P.J. to compete on girls' cross-country and track-and-field
teams.\40\ The district court in January 2023 dissolved the
injunction, granting summary judgement to West Virginia, and
found the law to be constitutional.\41\
---------------------------------------------------------------------------
\38\AG McCuskey Prepare to Defend West Virginia's Save Women's
Sports Act in U.S. Supreme Court, Office of the W.V. Attorney General
(Sep. 12, 2025).
\39\Id.
\40\Id.
\41\Id.
---------------------------------------------------------------------------
B.P.J. appealed the decision to the U.S. Court of Appeals
for the Fourth Circuit in February 2023.\42\ The Fourth Circuit
granted B.P.J.'s request to continue playing on the girls'
sports teams while the case was being decided.\43\ In April
2024, the Fourth Circuit reversed the district court and ruled
in favor of B.P.J. The state of West Virginia then appealed
this decision to the Supreme Court, which granted certiorari in
July 2025.\44\
---------------------------------------------------------------------------
\42\Id.
\43\Id.
\44\West Virginia v. B.P.J., 98 F.4th 542 (4th Cir. 2024), cert
granted (July 3, 2025).
---------------------------------------------------------------------------
Transgender Athletes in the Olympics
In November 2021, the Olympic and Paralympic Committee
(USOPC) issued a statement regarding transgender athlete
participation, stating: ``[w]hen considering participation in
sport, we rely on fairness as our guiding principle. It is not
fair if athletes cannot participate or compete in sport because
of their gender identity--participation in sport should be
available to everyone.''\45\ Instead of protecting women's
sports, this USOPC guidance invited national governing bodies
to allow more biological men into competitions reserved for
women.
---------------------------------------------------------------------------
\45\Transgender Participation in Sport, USOPC (Dec. 7, 2022),
https://www.usopc.org/diversity-equity-inclusion/transgender-athlete-
participation-in-sport#::text=When%20considering%20
participation%20in%20sport,should%20be%20available%20to%20everyone.
---------------------------------------------------------------------------
At the beginning of 2024, USA Boxing updated its rulebook
to add a transgender athlete policy.\46\ While some argued that
the policy was ``restrictive'' because it required genital
reassignment surgery and continuous hormone testing,\47\ others
pointed out allowing biological men to fight against women is
extremely dangerous.\48\ Ebanie Bridges, an MMA world
titleholder, voiced her concerns about the new policy and also
stated women needed to ``stick together'' otherwise female
sports would ``[i]n 50 years would be filled male-born
champions.''\49\
---------------------------------------------------------------------------
\46\Jo Yurcaba, USA Boxing updates rulebook to include strict
transgender athlete policy, NBC (Jan. 3, 2024), https://
www.nbcnews.com/nbc-out/out-news/usa-boxing-updates-rulebook-include-
strict-transgender-athlete-policy-rcna131938.
\47\Id.
\48\Melissa Koenig, USA Boxing slammed for new transgender policy
that allows biological men to compete against women, New York Post
(Jan. 2, 2024), https://nypost.com/2024/01/02/news/usa-boxing-slammed-
for-new-transgender-policy/.
\49\Id.
---------------------------------------------------------------------------
In June 2025, in response to President Trump's Executive
Order, the USOPC updated its athlete safety policy to mandate
sports participation consistent with an athletes' biological
sex.\50\ CEO Sarah Hirschland stated at the time that, ``[a]s a
federally chartered organization, we have an obligation to
comply with federal expectations . . . . Our revised policy
emphasizes the importance of ensuring fair and safe competition
environments for women. All National Governing Bodies are
required to update their applicable policies in
alignment.''\51\ This change made the USOPC and the NCAA
policies on biological males competing with women consistent as
the United States prepares to host the Los Angeles Summer 2028
Olympics.
---------------------------------------------------------------------------
\50\U.S. Olympic and Paralympic officials bar transgender women
from Olympic women's sports, NPR (July 22, 2025).
\51\Id.
---------------------------------------------------------------------------
In December 2025, the International Olympic Committee (IOC)
committed to ``early 2026'' as a target to establish an updated
policy regarding biological men competing in women's sports as
the IOC prepares for the 2026 Winter Games in Milan, Italy.\52\
IOC President Kristy Coventry stated, ``[We] are going to try
our best to ensure that when we are talking about the female
category, we are protecting the female category and we are
doing that in the most fair way''\53\ Reportedly, the IOC
reached an agreement ``on a new set of eligibility criteria for
transgender athletes'' in February 2026, but the details of the
policy have not yet been announced.\54\
---------------------------------------------------------------------------
\52\IOC sets early 2026 target for new gender eligibility policy,
ESPN (Dec. 10, 2025).
\53\Id.
\54\Karolos Grohmann, Sports leaders reach consensus on new gender
policy--IOC, Reuters (Feb. 7, 2026).
---------------------------------------------------------------------------
The Protection of Women in Olympic and Amateur Sports Act
H.R. 1028 would amend the Ted Stevens Olympic and Amateur
Sports Act to codify definitions of male, female, and sex. The
bill would further prohibit the U.S. Olympic and Paralympic
Committee from certifying a national athletics governing body
unless the body prohibits biological males from participating
in athletics competitions that are designated for biological
females.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 1028: ``Ending
Lawfare Against Whistleblowers Who Protect Children,'' a
hearing held on April 9, 2025, before the Subcommittee on the
Constitution and Limited Government of the House Judiciary
Committee. The subcommittee heard from the following witnesses:
Dr. Eithan Haim, General Surgeon and Texas
Children's Hospital Whistleblower;
Mark Lytle, Attorney for Dr. Haim;
Vanessa Sivadge, Former Texas Children's
Hospital Nurse and Whistleblower; and
Bruce Lesley, President, First Focus on
Children.
The hearing examined transgender medical procedures and
their effects on patients, particularly minors.
Committee Consideration
On February 3, 2026, the Committee met in open session and
ordered the bill, H.R. 1028, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
15-10, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R 1028:
1. Vote on Amendment #1 to the H.R. 1028 ANS, offered
by Ms. Jayapal--failed 9 ayes to 10 nays.
2. Vote on Amendment #2 to the H.R. 1028 ANS, offered
by Ms. Balint--failed 9 ayes to 10 nays.
3. Vote on Amendment #3 to the H.R. 1028 ANS, offered
by Ms. Scanlon--failed 10 ayes to 12 nays.
4. Vote on favorably reporting H.R. 1028, as
amended--passed 15 ayes to 10 nays.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 1028 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 1028 would amend the charter of the U.S.
Olympic Committee to define ``male'' and ``female,'' and to
prohibit any athletic governing body recognized by the U.S.
Olympic Committee from allowing men to participate in any
athletic competition that is designated for women or girls.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 1028
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Section 1. Short Title. This section sets forth the short
title of the bill as the ``Protection of Women in Olympic and
Amateur Sports Act of 2026.''
Section 2. Eligibility Requirements.
Subsection (a). Definition. This section amends
section 220501(b) of title 36 to define ``female,''
``male,'' and ``sex.''
Subsection (b). Eligibility. This section amends
section 220522 of title 36 to prohibit the U.S. Olympic
Committee from recognizing an amateur sports
organization unless that organization prohibits a
person whose sex is male from participating in an
amateur athletic competition designated as being for
females, women, or girls.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
CHAPTER 2205--UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE
* * * * * * *
SUBCHAPTER I--CORPORATION
Sec. 220501. Short title and definitions
(a) Short Title.--This chapter may be cited as the ``Ted
Stevens Olympic and Amateur Sports Act''.
(b) Definitions.--For purposes of this chapter--
(1) ``amateur athlete'' means an athlete who meets
the eligibility standards established by the national
governing body or paralympic sports organization for
the sport in which the athlete competes.
(2) ``amateur athletic competition'' means a contest,
game, meet, match, tournament, regatta, or other event
in which amateur athletes compete.
(3) ``amateur sports organization'' means a not-for-
profit corporation, association, or other group
organized in the United States that sponsors or
arranges an amateur athletic competition.
(4) ``Athletes' Advisory Council'' means the entity
established and maintained under section
220504(b)(2)(A) that--
(A) is composed of, and elected by, amateur
athletes to ensure communication between the
corporation and currently active amateur
athletes; and
(B) serves as a source of amateur-athlete
opinion and advice with respect to policies and
proposed policies of the corporation.
(5) ``Center'' means the United States Center for
SafeSport designated under section 220541.
(6) ``child abuse'' has the meaning given the term in
section 212 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20302).
(7) ``corporation'' means the United States Olympic
and Paralympic Committee.
(8) ``international amateur athletic competition''
means an amateur athletic competition between one or
more athletes representing the United States,
individually or as a team, and one or more athletes
representing a foreign country.
(9) ``national governing body'' means an amateur
sports organization, a high-performance management
organization, or a paralympic sports organization that
is certified by the corporation under section 220521.
(10) ``protected individual'' means any amateur
athlete, coach, trainer, manager, administrator, or
official associated with the corporation or a national
governing body.
(11) ``retaliation'' means any adverse or
discriminatory action, or the threat of an adverse or
discriminatory action, including removal from a
training facility, reduced coaching or training,
reduced meals or housing, and removal from competition,
carried out against a protected individual as a result
of any communication, including the filing of a formal
complaint, by the protected individual or a parent or
legal guardian of the protected individual relating to
the allegation of physical abuse, sexual harassment, or
emotional abuse, with--
(A) the Center;
(B) a coach, trainer, manager, administrator,
or official associated with the corporation;
(C) the Attorney General;
(D) a Federal or State law enforcement
authority;
(E) the Equal Employment Opportunity
Commission; or
(F) Congress.
(12) ``sanction'' means a certificate of approval
issued by a national governing body.
(13) ``female'' means an individual who has, had,
will have--or would have, but for a developmental or
genetic anomaly or historical accident--the
reproductive system that at some point produces,
transports, and utilizes eggs for fertilization.
(14) ``male'' means an individual who has, had, will
have--or would have, but for a developmental or genetic
anomaly or historical accident--the reproductive system
that at some point produces, transports, and utilizes
sperm for fertilization.
(15) ``sex'' means an individual's biological sex,
either male or female.
* * * * * * *
SUBCHAPTER II--NATIONAL GOVERNING BODIES
* * * * * * *
Sec. 220522. Eligibility requirements
An amateur sports organization, a high-performance management
organization, or a paralympic sports organization is eligible
to be certified, or to continue to be certified, as a national
governing body only if it--
(1) is incorporated under the laws of a State of the
United States or the District of Columbia as a not-for-
profit corporation having as its purpose the
advancement of amateur athletic competition;
(2) has the managerial and financial capability to
plan and execute its obligations, including the ability
to provide and enforce required athlete protection
policies and procedures;
(3) submits--
(A) an application, in the form required by
the corporation, for certification as a
national governing body;
(B) a copy of its corporate charter and
bylaws; and
(C) any additional information considered
necessary or appropriate by the corporation;
(4) agrees to submit to binding arbitration in any
controversy involving--
(A) its certification as a national governing
body, as provided for in section 220529 of this
title, upon demand of the corporation; and
(B) the opportunity of any amateur athlete,
coach, trainer, manager, administrator or
official to participate in amateur athletic
competition, upon demand of the corporation or
any aggrieved amateur athlete, coach, trainer,
manager, administrator or official, which
arbitration under this paragraph shall be
conducted in accordance with the standard
commercial arbitration rules of an established
major national provider of arbitration and
mediation services based in the United States
and designated by the corporation with the
concurrence of the Athletes' Advisory Council
and the National Governing Bodies' Council, as
modified and provided for in the corporation's
constitution and bylaws, except that if the
Athletes' Advisory Council and National
Governing Bodies' Council do not concur on any
modifications to such Rules, and if the
corporation's executive committee is not able
to facilitate such concurrence, the standard
commercial rules of arbitration of such
designated provider shall apply unless at least
two-thirds of the corporation's board of
directors approves modifications to such Rules;
(5) demonstrates that it is autonomous in the
governance of its sport, except with respect to the
oversight of the organization, in that it--
(A) independently decides and controls all
matters central to governance;
(B) does not delegate decision-making and
control of matters central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more than
one international sports federation that governs a
sport included on the program of the Olympic Games, the
Paralympic Games, the Pan-American Games, or the
Parapan American Games;
(7) demonstrates that its membership is open to any
individual who is an amateur athlete, coach, trainer,
manager, administrator, or official active in the sport
for which certification is sought, or any amateur
sports organization that conducts programs in the sport
for which certification is sought, or both;
(8) provides an equal opportunity to amateur
athletes, coaches, trainers, managers, administrators,
and officials to participate in amateur athletic
competition, without discrimination on the basis of
race, color, religion, sex, age, or national origin,
and with fair notice and opportunity for a hearing to
any amateur athlete, coach, trainer, manager,
administrator, or official before declaring the
individual ineligible to participate;
(9) is governed by a board of directors or other
governing board whose members are selected without
regard to race, color, religion, national origin, or
sex, except that, in sports where there are separate
male and female programs, it provides for reasonable
representation of both males and females on the board
of directors or other governing board;
(10) ensures that the selection criteria for
individuals and teams that represent the United States
are--
(A) fair, as determined by the corporation in
consultation with the national governing
bodies, the Athletes' Advisory Council, and the
United States Olympians and Paralympians
Association;
(B) clearly articulated in writing and
properly communicated to athletes in a timely
manner; and
(C) consistently applied, using objective and
subjective criteria appropriate to the
applicable sport;
(11) demonstrates, based on guidelines approved by
the corporation, the Athletes' Advisory Council, and
the National Governing Bodies' Council, that its board
of directors and other such governing boards have
established criteria and election procedures for and
maintain among their voting members individuals who are
actively engaged in amateur athletic competition in the
sport for which certification is sought or who have
represented the United States in international amateur
athletic competition within the preceding 10 years,
that any exceptions to such guidelines by such
organization have been approved by the corporation, and
that the voting power held by such individuals is not
less than 20 percent of the voting power held in its
board of directors and other such governing boards;
(12) provides for reasonable direct representation on
its board of directors or other governing board for any
amateur sports organization, high-performance
management organization, or paralympic sports
organization that--
(A) conducts a national program or regular
national amateur athletic competition in the
applicable sport on a level of proficiency
appropriate for the selection of amateur
athletes to represent the United States in
international amateur athletic competition; and
(B) ensures that the representation reflects
the nature, scope, quality, and strength of the
programs and competitions of the applicable
organization in relation to all other programs
and competitions in the sport in the United
States;
(13) demonstrates, based on guidelines approved by
the corporation, the Athletes' Advisory Council, and
the National Governing Bodies' Council, that--
(A) its board of directors and other such
governing boards have established criteria and
election procedures for, and maintain among
their voting members, individuals who--
(i) are elected by amateur athletes;
and
(ii) are actively engaged in amateur
athletic competition, or have
represented the United States in
international amateur athletic
competition, in the sport for which
certification is sought;
(B) any exception to such guidelines by such
organization has been approved by--
(i) the corporation; and
(ii) the Athletes' Advisory Council;
and
(C) the voting power held by such individuals
is not less than 1/3 of the voting power held
by its board of directors and other such
governing boards;
(14) provides procedures for the prompt and equitable
resolution of grievances of its members;
(15) does not have eligibility criteria related to
amateur status or to participation in the Olympic
Games, the Paralympic Games, the Pan-American Games, or
the Parapan American Games that are more restrictive
than those of the appropriate international sports
federation;
(16) demonstrates, if the organization is seeking to
be certified as a national governing body, that it is
prepared to meet the obligations imposed on a national
governing body under sections 220524 and 220525 of this
title;
(17) commits to submitting annual reports to the
corporation that include, for each calendar year--
(A) a description of the manner in which the
organization--
(i) carries out the mission to
promote a safe environment in sports
that is free from abuse of amateur
athletes (including emotional,
physical, and sexual abuse); and
(ii) addresses any sanctions or
temporary measures required by the
Center;
(B) a description of any cause of action or
complaint filed against the organization that
was pending or settled during the preceding
calendar year; and
(C) a detailed statement of--
(i) the income and expenses of the
organization; and
(ii) the amounts expended on
stipends, bonuses, and services for
amateur athletes, organized by the
level and gender of the amateur
athletes;
(18) commits to meeting any minimum standard or
requirement set forth by the corporation; [and]
(19) provides protection from retaliation to
protected individuals[.]; and
(20) prohibits a person whose sex is male from
participating in an amateur athletic competition that
is designated for females, women, or girls.
* * * * * * *
Dissenting Views
Vilifying and scapegoating minorities is straight out of
the authoritarian's playbook because it distracts the majority
from the fact that the people in charge of the state aren't
doing anything for the majority, either.
It is no surprise, therefore, that the Committee has
considered yet another bill unfairly targeting MAGA's favorite
scapegoat: the tiny group of Americans in the transgender
community.
This legislation, the so-called ``Protection of Women in
Olympic and Amateur Sports Act,'' purports to protect women and
girls by conditioning the certification of an amateur sports
organization by the U.S. Olympic and Paralympic Committee
(USOPC) as a national governing body for a given sport on such
organization's agreement to prohibit transgender women and
girls from participating in an amateur athletic competition.
Notably, the bill does not prohibit transgender male
athletes from competing on sports teams or in competitions
designated for men or boys.
President Trump has put a target on the backs of the
transgender community ever since he came back into office. One
of the first Executive Orders he issued declared the government
would only recognize two sexes, male and female, which, of
course, doesn't seem like a very devastating refutation of
transgender people, who may agree that these are the
categories, even if they have been misclassified between
them.\1\
---------------------------------------------------------------------------
\1\Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government, The White House (Jan. 20,
2025), https://www.whitehouse.gov/
presidential-actions/2025/01/defending-women-from-gender-ideology-
extremism-and-restoring-
biological-truth-to-the-federal-government/.
---------------------------------------------------------------------------
Two weeks after that, President Trump issued another
Executive Order to prevent transgender women and girls from
participating in women's sports at every level of competition,
reversing the Biden Administration's policy, which prohibited
the categorical ban of transgender students participating in
sports teams consistent with their general identity.\2\
---------------------------------------------------------------------------
\2\Exec. Order No. 14201, Keeping Men Out of Women's Sports, The
White House (Feb. 5, 2025), https://www.whitehouse.gov/presidential-
actions/2025/02/keeping-men-out-of-womens-sports/; Sam Fossum & Devan
Cole, Biden Proposes Rule for Transgender Student Athletes That Allows
for Some Restrictions, Opposes Categorical Bans, CNN (Apr. 6, 2023),
https://www.cnn.com/2023/04/06/politics/title-ix-transgender-student-
athletes-biden-rule.
---------------------------------------------------------------------------
This legislation is a solution in search of a problem. Its
supporters have failed to point to any evidence that
transgender women as a group consistently outperform cisgender
women in women's sporting events. In fact, a 2024 study
concluded that transgender women athletes actually have several
physical disadvantages when competing with cisgender women.\3\
---------------------------------------------------------------------------
\3\Blair R. Hamilton, et al., Strength, Power and Aerobic Capacity
of Transgender Athletes: A Cross-Sectional Study, British Journal of
Sports Medicine 586-59 (2024), available at https://bjsm.bmj.com/
content/58/11/586.
---------------------------------------------------------------------------
The International Olympic Committee has also permitted
transgender athletes to compete since 2003--that's 23 years
ago--but the U.S. has only sent one transgender woman to
compete in the Olympics.\4\
---------------------------------------------------------------------------
\4\Transgender Athletes in the Olympics, Transathlete, https://
www.transathlete.com/olympics (last visited Jan. 9, 2026).
---------------------------------------------------------------------------
H.R. 1028 is unnecessary, dangerous, and deliberately
cruel. This bill will harm women and girls in a number of
different ways, including by subjecting them to unfair scrutiny
over what their real gender might be. This is not a
hypothetical concern. There are lots of examples of people
accusing cisgender girls and women of being transgender and
then arguing that they should be forced to prove their gender
in order to compete in a sport.\5\
---------------------------------------------------------------------------
\5\Ryan Adamczeski, Utah Parent Accuses Girl's Basketball Player of
Being Trans, Gets Banned from Games, The Advocate (Jan. 31, 2024),
https://www.advocate.com/utah-parent-accuses-
athlete-transgender; Utah Officials Secretly Investigated Female
Athlete's Gender, Assoc. Press (Aug. 18, 2022) https://apnews.com/
article/sports-education-utah-school-athletics-government-and-politics-
dc6451adde255f47e31229f502f773ad.
---------------------------------------------------------------------------
In 2024, a Utah state school board member falsely suggested
in a Facebook post that a girl playing on the high school
basketball team was transgender.\6\ The girl immediately became
the target of threats and harassment.\7\ The school board
member later tried to defend herself by saying that the girl
had a larger physical build, which is what made her speculate--
falsely--about the girl's gender identity.\8\
---------------------------------------------------------------------------
\6\Kiara Alfonseca, Utah Official Falsely Suggests Teen Student is
Transgender, Now Faces Calls to Resign, ABC News (Feb. 9, 2024),
https://abcnews.com/US/utah-school-board-official-falsely-suggested-
teen-girl/story?id=107100300.
\7\Id.
\8\Id.
---------------------------------------------------------------------------
I hope everyone can still summon up some sense of shock
over the fact that adults are publicly speculating about the
gender identity of children, just because a girl's body did not
fit this adult's stereotype conception of what a teenaged girl
is supposed to look like.
H.R. 1028 could be even more dangerous than that, though.
If women and girls have to prove their gender in order to
compete in a sport, as this bill would effectively require,
then we are inviting sports officials to become, essentially,
gender detectives and gender judges; thus potentially
subjecting girls to invasive and completely unnecessary exams--
simply in order to be able to exercise their right to
participate in sports.
That, in turn, heightens the risks of making athletes more
vulnerable to sexual predators. I'm sure the Larry Nassars and
Richard Strausses of the world would welcome a bill like H.R.
1028 because they would seemingly be given another excuse to
sexually abuse athletes under the guise of enforcing the new
MAGA gender policing requirement and confirming the person's
federal government-approved assigned gender.
The type of categorical ban that H.R. 1028 mandates
wouldn't just affect elite Olympic athletes. The bill imposes a
blanket ban on amateur competition generally, and many of those
amateur athletes who participate in an organized sport are
young people.
Take USA Swimming. In 2024, the average age of their
members was 12-and-a-half years old.\9\ Given that more than
half of all states have already banned trans women and girls
from scholastic sports, this bill would deny trans youth the
last avenue to athletic participation still available to them,
along with the social and academic and health benefits that
organized sports provide young people.\10\
---------------------------------------------------------------------------
\9\USA Swimming: 2024 Membership Demographics Report, USA Swimming
(2024), available at https://websitedevsa.blob.core.windows.net/
sitefinity/docs/default-source/governance/
governance-lsc-website/membership-demographics/2024-membership-
demographics-report.pdf.
\10\Bans on Transgender Youth Participation in Sports, Movement
Advancement Project (Feb. 12, 2026), https://www.lgbtmap.org/equality-
maps/youth/sports_participation_bans.
---------------------------------------------------------------------------
Furthermore, national governing bodies, which are certified
by the USOPC to govern and manage all aspects of an individual
sport, are much better suited to determine who should be
eligible to compete. These bodies are also best positioned to
determine the right balance between inclusion and safety, based
on the dynamics of their different sports.
For example, the qualifications, skills, and risks involved
in a sport like rugby, which allows transgender men to compete
without restriction in the male category but requires
transgender women to have certain testosterone levels in order
to compete, are obviously much different than the
qualifications, skills, and risks involved in table tennis,
which has no documented policy on the participation of
transgender athletes.\11\
---------------------------------------------------------------------------
\11\Transgender Athletes & Participants, USA Rugby, https://
usa.rugby/transgender-policy (last visited Feb. 12, 2026); National
Team Selection Procedures and Ranking System, USA Table Tennis, https:/
/www.usatt.org/selection-procedures (last visited Feb. 12, 2026).
---------------------------------------------------------------------------
And yet, this bill would override all of the policies
currently determined by national governing bodies sport by
sport and replace them with a one-size-fits-all, federally
imposed nationwide ban that may appeal and pander to a certain
narrow political base, but has little regard for sport-specific
dynamics concerning performance outcomes, athlete safety, or
basic human decency and regard the well-being of young people.
Finally, in addition to being dangerous and unnecessary,
the bill does nothing to address the actual problems facing
women and girls in amateur sports. According to a report by the
Women's Sports Foundation, the real barriers that women and
girls continue to face in amateur sports include: lack of
financial resources; continuing bias against girls'
participation; a paucity of female leaders and other role
models; a relative lack of media coverage devoted to women's
sports; continuing workplace sex discrimination; and gender-
based pay inequality for female coaches.\12\
---------------------------------------------------------------------------
\12\Ellen Staurowsky, et al., Chasing Equity: The Triumphs,
Challenges, and Opportunities in Sports for Girls and Women 29-35,
Women's Sports Foundation (2020), available at https://
www.womenssportsfoundation.org/wp-content/uploads/2020/01/Chasing-
Equity-Full-Report-Web.pdf.
---------------------------------------------------------------------------
In a letter opposing the bill last Congress that was
substantively identical to H.R. 1028, the Women's Sports
Foundation and the National Women's Law Center, among others,
wrote that ``[t]his legislation does not provide any assistance
with issues that all girls and women in sports face, and
instead, invites dangerous stereotypes and sex discrimination,
based on misinformation. It should not become law.''\13\
---------------------------------------------------------------------------
\13\Letter from Women's Sports Foundation, National Women's Law
Center, and 50 Women's Rights, Gender Justice, and Sport Governance
Organizations to the H. Comm. on the Judiciary Opposing H.R. 7187, The
Protection of Women in Olympic and Amateur Sports Act (Mar. 21, 2024),
available at https://www.aauw.org/app/uploads/2024/05/WSFNWLC-H.R.-
7187-Letter-final-3.20.24.pdf.
---------------------------------------------------------------------------
If my colleagues genuinely wanted to strengthen women's and
girls' participation in sports, we would take steps to address
the real barriers to opportunity instead of coming in like King
Kong and crushing decisions at the national level. Instead of
making headway on true equity in sports, we're considering yet
another unnecessary, cynical, and bias-filled political stunt.
I urge my colleagues to oppose this paternalistic, one-
size-fits-all bill.
Jamie Raskin,
Ranking Member.
[all]