Senate Judiciary Committee Examines Policies on Women’s Sports
On September 23, 2026, the U.S. Senate Judiciary Committee held a hearing titled “Standing Up for Women in Sports: Ensuring Opportunity, Fairness and Safety for Female Athletes.”
The session, chaired by Senator Chuck Grassley (R-Iowa), focused on the legal and regulatory frameworks governing transgender athlete participation in female sports categories, particularly concerning Title IX compliance and competitive categorization.
The committee heard testimony from witnesses arguing for the preservation of sex-based athletic categories, including representatives from the Independent Council on Women’s Sports (ICONS), the Alliance Defending Freedom, and several current and former female athletes. Their testimony centered on concerns regarding competitive fairness and physiological differences.
Procedurally, the hearing highlighted the legislative divide on this issue. Senate Democrats boycotted the question-and-answer portion of the session. Ranking Member Senator Dick Durbin (D-IL) delivered an opening statement before departing, noting that NCAA data indicates fewer than 10 out of more than 500,000 college athletes are transgender.
The hearing occurred against the backdrop of ongoing legislative efforts, including the Protection of Women and Girls in Sports Act (S. 9), which previously stalled in the Senate after failing to reach a 60-vote threshold to overcome a filibuster in 2025. The recent Senate hearing is unlikely to be the final legislative action on this topic. Federal and state regulations regarding sports categorizations remain highly active. ACSM will continue to track the progress of related bills.
Senate Committee Advances Surgeon General Nominee Dr. Nicole Saphier
On September 30, 2026, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted 12-11 to advance the nomination of Dr. Nicole Saphier for U.S. Surgeon General, moving her confirmation to the full Senate. This step follows a high-profile confirmation hearing on September 16, where preventative health and chronic disease management were prominent themes.
During her testimony, Dr. Saphier emphasized the urgent need to pivot the nation’s healthcare focus from reactive treatment to proactive wellness. “I have long believed that we spend too much time and resources treating chronic disease after it takes hold, and not enough time helping Americans reduce their risk before illness begins,” she stated during her opening remarks.
While much of the September committee questioning centered on the nominee’s views regarding vaccine policy and infectious diseases, the broader narrative surrounding the Surgeon General role this year has heavily featured lifestyle medicine. The administration nominated Dr. Saphier following a legislative stalemate over its previous nominee, Dr. Casey Means.
The repeated focus on prevention during both 2026 Surgeon General hearings highlights a growing national recognition of the need to address the root causes of chronic illness. The final confirmation vote by the full Senate is expected to take place sometime after the November midterm elections.
The Traumatic Brain Injury (TBI) Act Reauthorization Clears the Senate
ACSM has long championed policies that protect brain health, advance concussion research, and support individuals living with neurotrauma. Following its initial expiration and a prolonged legislative journey, major progress has arrived on Capitol Hill: the Senate has officially passed its version of the reauthorization of federal traumatic brain injury programs. These are existing federal brain injury programs whose funding authorizations lapsed in 2024. Congress is working to renew and update them; the lapse itself did not eliminate the programs.
Because the House and Senate have passed different versions of the legislation, the bill now enters a critical reconciliation phase. Below is a comprehensive breakdown of the bill’s history, its legislative evolution across both chambers, and the next steps required before enactment.
Originally enacted to establish foundational research and community support systems, the Traumatic Brain Injury (TBI) Act has historically enjoyed strong, bipartisan reauthorizations. After its expiration, the legislation faced a multi-year legislative limbo, though core programs continued functioning through baseline operations.
- The House Path (H.R. 7208): Momentum reignited when the U.S. House of Representatives overwhelmingly advanced its reauthorization package, H.R. 7208. Championed by a bipartisan coalition including the late Rep. Bill Pascrell, Jr. (D-NJ), Rep. Don Bacon (R-NE), and Rep. Frank Pallone, Jr. (D-NJ), the House-passed version focused heavily on extending funding through 2030 and renaming key surveillance infrastructure to honor Rep. Pascrell’s decades of advocacy.
- The Senate Path (S. 5600): Following the House’s action, the Senate took up its own companion measure, S. 5600 (the Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act). Sponsored by a bipartisan group led by Sen. Markwayne Mullin (R-OK) and Sen. Bob Casey (D-PA)—alongside original co-sponsors Sen. John Cornyn (R-TX), Sen. Catherine Cortez Masto (D-NV), and Sen. Joni Ernst (R-IA)—the Senate advanced this distinct version, introducing variations in program emphasis and naming conventions that now require resolution.
While both chambers aim to preserve the core pillars of the TBI Act, their respective bills feature distinct structural differences that must be reconciled:
| Program / Provision | House-Passed Focus (H.R. 7208) | Senate-Passed Focus (S. 5600) |
| Official Title / Tribute | Renames programs to honor long-standing TBI champions, including the late Rep. Bill Pascrell, Jr. | Named the Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act. |
| Surveillance & Registries | Reauthorizes the CDC National TBI Registry and expands data collection metrics via state registries. | Mandates the CDC collect more comprehensive data on occupational risks and long-term TBI outcomes. |
| State Partnership Grants | Focuses heavily on building state-level healthcare infrastructure and coordinating acute-to-rehabilitative care. | Establishes new state grant programs with specific maintenance of effort requirements and potential waivers. |
| Congressional Reporting | Standardizes recurring programmatic updates to congressional health committees. | Requires two significant new reports on high-risk populations, chronic TBI symptoms, and links to dementia. |
Because the House and Senate passed different versions of the legislation, the bills cannot advance directly to the President. The legislative process requires the following steps:
- Conference Committee: Leaders from both the House and the Senate must convene a conference committee to negotiate and resolve the differences between H.R. 7208 and S. 5600. They will merge the distinct provisions into a single, unified legislative package (the conference report).
- Chamber Voting: Once the conference committee agrees on the reconciled text, the unified bill must be sent back to both chambers. It will undergo another round of voting and must pass both the House and the Senate in identical form.
- Presidential Signature: Only after the unified bill passes both chambers will it be sent to the President’s desk to be signed into law.
As lawmakers negotiate the final text of the legislation, ACSM will continue working alongside coalition partners to ensure that the strongest provisions for research, clinical care, and state grants are preserved in the conference report.
