H.R. 10090 (119th)Bill Overview

To amend the Internal Revenue Code of 1986 to impose an excise tax on certain institutions of higher education…

domestic policy
Cosponsors
Support
Republican
Introduced
Aug 13, 2026
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Ways and Means.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill adds a new excise tax (section 4960A) to the Internal Revenue Code that levies 10% of an institution’s total intercollegiate athletics expenditures for any taxable year in which the institution permits an individual whose sex is male to participate in athletic programs or events designated for females. "Male," "female," and "sex" are defined biologically in the bill. The tax applies to eligible educational institutions that are not state colleges or universities and includes an anti-pass-through rule preventing institutions from raising tuition or mandatory fees because of the tax.

Why people may split

Libs see civil-rights and discrimination harms; conservatives see athlete fairness protections.

Watch point

Relative to its intended legislative type, this bill effectively creates a new excise-tax obligation with a clear rate, tax base, targeted subjects, statutory placement, and specified effective date, and it supplies some definitions and a limited anti-pass-through requirement.

The bill adds a new excise tax (section 4960A) to the Internal Revenue Code that levies 10% of an institution’s total intercollegiate athletics expenditures for any taxable year in which the institution permits an individual whose sex is male to participate in athletic programs or events designated for females. "Male," "female," and "sex" are defined biologically in the bill.

The tax applies to eligible educational institutions that are not state colleges or universities and includes an anti-pass-through rule preventing institutions from raising tuition or mandatory fees because of the tax.

The Secretary of Education is directed to issue regulations enforcing the anti-pass-through rule; the provision applies to taxable years beginning after December 31, 2025.

Passage25/100

Ideologically charged, legally vulnerable, and lacking compromise features; passage would require concentrated majorities and avoidance of procedural barriers.

CredibilityPartially aligned

Relative to its intended legislative type, this bill effectively creates a new excise-tax obligation with a clear rate, tax base, targeted subjects, statutory placement, and specified effective date, and it supplies some definitions and a limited anti-pass-through requirement. However, it provides limited procedural detail for tax administration, collection, reporting, and resolution of operational edge cases, and it does not address fiscal or resourcing implications.

Contention78/100

Libs see civil-rights and discrimination harms; conservatives see athlete fairness protections.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesStudents · Federal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitAims to protect fairness and competitive opportunities for female athletes by deterring male participation in female sp…
  • Federal agenciesGenerates federal revenue equal to 10 percent of covered institutions' total intercollegiate athletics expenditures.
  • Potential benefitIncentivizes institutions to implement or clarify single-sex athletic eligibility rules to avoid the excise tax.
Likely burdened
  • StudentsMay discriminate against transgender and intersex students regarding athletic participation and raise civil rights conc…
  • Federal agenciesCould prompt litigation alleging conflicts with Title IX, equal protection, or other federal civil rights laws.
  • StudentsRequires institutions to determine and document biological sex, increasing compliance workloads and student privacy con…
03 · Why people split

Why the argument around this bill splits.

Libs see civil-rights and discrimination harms; conservatives see athlete fairness protections.
Progressive10%

This persona would view the bill as a punitive federal measure targeting transgender students and institutions that accommodate them, raising civil-rights and anti-discrimination concerns.

They would emphasize likely harms to transgender students’ equal access, legal conflicts with existing civil rights frameworks, and chilling effects on campus inclusion.

Likely resistant
Centrist40%

This persona would see the bill as a consequential intervention with both policy aims and substantial legal and administrative uncertainty.

They would weigh protecting fairness in female sports against discrimination risks, uncertain enforceability, fiscal effects, and potential unintended consequences for students and institutions.

Split reaction
Conservative85%

This persona would likely view the bill favorably as a tool to protect the integrity and fairness of female intercollegiate athletics and to pressure private institutions to maintain sex-separated competition.

They would see tax leverage as an appropriate federal response where institutions permit male participation in women’s sports.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood25/100

Ideologically charged, legally vulnerable, and lacking compromise features; passage would require concentrated majorities and avoidance of procedural barriers.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • Absence of official cost/CBO score in bill text
  • Likelihood and grounds for constitutional legal challenges
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Libs see civil-rights and discrimination harms; conservatives see athlete fairness protections.

Ideologically charged, legally vulnerable, and lacking compromise features; passage would require concentrated majorities and avoidance of…

Unlocked analysis

Relative to its intended legislative type, this bill effectively creates a new excise-tax obligation with a clear rate, tax base, targeted subjects, statutory placement, and specified effective date, and it supplies som…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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