Title IX Clarification Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5179 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5179

To clarify that for purposes of Federal nondiscrimination requirements
   applicable to education programs or activities receiving Federal
 financial assistance, discrimination prohibited under title IX of the
Education Amendments of 1972 is based on the biological reality of sex.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2026

  Mrs. Blackburn (for herself, Mr. Justice, Mrs. Britt, Mr. Budd, Mr.
 Risch, Mr. Crapo, Ms. Lummis, Mr. Scott of Florida, Mr. Ricketts, Mr.
 Daines, and Mr. Sheehy) introduced the following bill; which was read
 twice and referred to the Committee on Health, Education, Labor, and
                                Pensions

_______________________________________________________________________

                                 A BILL

To clarify that for purposes of Federal nondiscrimination requirements
   applicable to education programs or activities receiving Federal
 financial assistance, discrimination prohibited under title IX of the
Education Amendments of 1972 is based on the biological reality of sex.

    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 ``Title IX Clarification Act of
2026''.

SEC. 2. AMENDMENTS.

    Section 901(c) of the Education Amendments of 1972 (20 U.S.C.
1681(c)) is amended--
            (1) by striking ``title an educational institution'' and
        inserting the following:
    ``title--
            ``(1) the term `educational institution''';
            (2) by striking the period at the end and inserting a
        semicolon; and
            (3) by adding at the end the following:
            ``(2) the term `sex' refers to an individual's biologically
        determined sex, as either male or female;
            ``(3) the term `female', when used with respect to a
        natural person, means an individual who naturally has, had,
        will have, or would have, but for a congenital anomaly,
        historical accident, or intentional or unintentional
        disruption, the reproductive system that at some point
        produces, transports, and utilizes the large gamete (ova) for
        fertilization; and
            ``(4) the term `male', when used with respect to a natural
        person, means an individual who naturally has, had, will have,
        or would have, but for a congenital anomaly, historical
        accident, or intentional or unintentional disruption, the
        reproductive system that at some point produces, transports,
        and utilizes the small gamete (sperm) for fertilization.''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act
shall apply with respect to education programs and activities for which
Federal financial assistance is received on or after the date of
enactment of this Act.
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