SAFE Olympic Sports Act

Section 220522 of title 36, United States Code, is amended—

(1) in paragraph (15), by inserting except as provided in paragraph (20), before does not have eligibility criteria;

(2) in paragraph (18), by striking and at the end;

(3) in paragraph (19), by striking the period at the end and inserting; and; and

(4) by adding at the end the following:

(20) has as an eligibility criteria related to participation in the Olympic Games, the Paralympic Games, the Pan-American Games, the Parapan American Games, or any other national, regional, State, or local event or competition sanctioned by such organization (including any national, regional, State, any local division thereof), a requirement that an amateur athlete may only participate in events and competitions corresponding to the sex of such athlete.

Section 220501(b) of title 36, United States Code, is amended by adding at the end the following:

(12) sex means a person’s immutable biological classification as either male or female, as biologically determined.

(13) male means a person belonging, at conception, to the biological sex characterized by a reproductive system with the biological function of producing sperm.

(14) female means a person belonging, at conception, to the biological sex characterized by the reproductive system with the biological function of producing eggs.

Subject to section 220522(20), for the sport that it governs, a national governing body (including any national, regional, State, any local division thereof) shall continue sanctioning an amateur athletic competition that—

(A) meets the requirements to be sanctioned under this section;

(B) is solely for competition among males or solely for competition among females; and

(C) is a competition (or a successor to a competition) that the national governing body sanctioned during the 10-year period prior to the date of enactment of this subsection.

A national governing body may not rescind the sanctioning or alter the competition categories related to the sex of the athletes (except to comply with section 220522(20)) of any event described in paragraph (1) that the national governing body sanctioned prior to the date of enactment of this subsection and that has not taken place as of such date of enactment.

This subsection may not be construed to prohibit a national governing body from sanctioning an amateur athletic competition that is for competition among males and females.