PolicyBrief
H.R. 1028
119th CongressFeb 3rd 2026
Protection of Women in Olympic and Amateur Sports Act of 2026
AWAITING HOUSE

This bill establishes eligibility requirements for amateur athletic organizations based on biological sex, prohibiting individuals whose sex is male from competing in female-designated amateur athletic competitions.

W. Steube
R

W. Steube

Representative

FL-17

LEGISLATION

Protection of Women in Olympic and Amateur Sports Act Defines Sex by Reproductive Function, Restricting Female Sports to Biological Females.

This bill introduces a fundamental shift in how amateur sports are governed in the United States by establishing a strict biological definition of sex. Under the proposed changes to the U.S. Code, 'female' and 'male' are defined exclusively by the reproductive system an individual has, had, or 'would have'—specifically whether that system produces eggs or sperm. By tying these definitions to Section 220522 of title 36, the bill mandates that any amateur athletic organization recognized by the U.S. Olympic & Paralympic Committee must bar anyone defined as 'male' from competing in events designated for women or girls. This isn't just about the Olympics; it trickles down to any amateur sports body under that national umbrella, effectively making biological sex the sole gatekeeper for female athletics.

The Biology Benchmark

The bill’s definitions are clinical and leave little room for the social or medical transitions we often see in modern sports discussions. By using language like 'developmental or genetic anomaly' to account for outliers, the bill attempts to create a catch-all biological standard. For a local swim club or a national track team, this means eligibility isn't determined by a person's lived identity or hormone levels, but by their reproductive biology at birth. If a person’s system is built to produce sperm, they are legally 'male' for sports purposes, regardless of whether they have undergone gender-affirming surgeries or treatments. This creates a hard line that simplifies eligibility for some but creates a significant barrier for others.

Impact on the Field and the Sidelines

For cisgender female athletes, this bill is designed to ensure they are only competing against others with the same biological baseline, which proponents argue preserves the integrity of the 'female' category. However, the real-world fallout for transgender women is an immediate and total exclusion from female-designated amateur competitions. Intersex athletes—those born with biological traits that don't fit typical binary definitions—might also find themselves in a legal gray area, forced to navigate the bill's 'would have' clauses to prove they belong in a certain category. For the organizations running these events, the bill adds a layer of administrative scrutiny; they’ll need to ensure their policies are ironclad to avoid losing their recognition by the Olympic Committee.

Implementation and Uncertainty

While the bill aims for clarity, the 'Medium' level of vagueness regarding 'historical accidents' or 'genetic anomalies' could lead to awkward and invasive enforcement. How does a regional volleyball league verify a reproductive system 'would have' produced eggs? Without a clear roadmap for verification, we might see a rise in eligibility disputes that require medical documentation, potentially turning sports directors into medical adjudicators. This puts a heavy burden on athletes and families to provide proof of biology, and it places organizations in the crosshairs of potential litigation from both those who want the ban enforced and those who argue it violates broader civil rights protections.