S-74-119
Read twice and referred to the Committee on the Judiciary.
Sponsored by Marsha Blackburn (R-TN)
What it does
This bill would require the Attorney General to submit a report to six congressional committees within one year of enactment. The report would analyze impediments to fair and safe competition for female athletes, the prevalence of females losing competitive opportunities to biological males, the effectiveness of state laws addressing bodily harm and lost opportunities in women's sports, and the prevalence and causes of online harassment and sexual abuse of women and girls in athletics. The report would also include policy recommendations on all of these topics.
Who benefits
Female athletes at all levels who experience sexual harassment or abuse in sports settings, as the report could lead to stronger protective policies. Congressional committees overseeing sports, education, and criminal justice would gain a structured federal data resource. Advocates for sex-separated athletic competition would benefit from a federal analysis supporting their policy positions. Researchers and policymakers who currently lack comprehensive federal data on these issues would gain a new baseline study.
Who is hurt
Transgender female athletes, who are the implicit subject of the bill's provisions on "biological males" competing in women's sports, could be negatively affected if the report's findings are used to support legislation restricting their participation. The Department of Justice would bear the administrative cost of researching and producing the report. Organizations that support inclusive athletic policies may find the report's framing — which presupposes harm from transgender participation — shapes future legislative debate in ways they oppose.
Supporters argue
Supporters argue that Congress currently lacks comprehensive federal data on two distinct but serious problems: the physical and competitive risks posed to female athletes when competing against biological males, and the widespread sexual harassment and abuse of women and girls in sports. They contend that a fact-based DOJ report is a necessary first step before crafting effective federal policy, and point to high-profile cases — such as USA Gymnastics abuse scandals and documented instances of transgender athletes winning women's championships — as evidence that both issues warrant serious federal attention.
Opponents argue
Opponents argue that the bill's framing prejudges its conclusions by treating transgender women's participation as a form of "violence" against female athletes, conflating a contested policy debate with criminal harm. They contend that existing research — including studies by the British Journal of Sports Medicine — shows mixed evidence on competitive advantage, and that lumping transgender participation together with sexual abuse under a "violence against women" framework is misleading and could be used to justify discriminatory legislation targeting a vulnerable population.
Constitutional context
This bill is a reporting requirement directed at the executive branch and does not itself regulate conduct, so it raises no direct constitutional challenge. However, the underlying policy areas it studies — particularly state laws restricting transgender athlete participation — are actively being litigated under the Equal Protection Clause of the Fourteenth Amendment and Title IX, with federal courts reaching conflicting conclusions.
Checks and balances
The executive branch (Attorney General/DOJ) gains a new reporting obligation to Congress; Congress retains oversight authority over the report's findings and any subsequent legislation, and the bill does not grant the AG any new regulatory or enforcement powers.
Historical precedent
Congress has previously directed federal agencies to produce reports on women in sports, including provisions in the Protecting Women and Girls in Sports Act debates, though no direct federal precedent exists for a DOJ report combining transgender athletic participation and sexual abuse under a single "violence against women in athletics" framework.