Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1183 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1183
55 To prohibit certain discrimination against athletes on the basis of sex by
66 State athletic associations, intercollegiate athletic associations, and cov-
77 ered institutions of higher education, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 FEBRUARY11, 2025
1010 Ms. A
1111 DAMS(for herself, Ms. BONAMICI, Mrs. TRAHAN, Mr. DAVISof Illinois,
1212 Ms. V
1313 ELA´ZQUEZ, Ms. SA´NCHEZ, Mr. LARSENof Washington, Ms. NOR-
1414 TON, Mr. JOHNSONof Georgia, Ms. WATERS, Ms. KAMLAGER-DOVE, Mr.
1515 T
1616 HANEDAR, Mr. GREENof Texas, Ms. CLARKEof New York, Ms. CAS-
1717 TORof Florida, Ms. SALINAS, Mr. GRIJALVA, Ms. RANDALL, Mrs. SYKES,
1818 Mr. C
1919 ARSON, Ms. SHERRILL, Ms. TLAIB, and Ms. TOKUDA) introduced
2020 the following bill; which was referred to the Committee on Education and
2121 Workforce
2222 A BILL
2323 To prohibit certain discrimination against athletes on the
2424 basis of sex by State athletic associations, intercollegiate
2525 athletic associations, and covered institutions of higher
2626 education, and for other purposes.
2727 Be it enacted by the Senate and House of Representa-1
2828 tives of the United States of America in Congress assembled, 2
2929 SECTION 1. SHORT TITLE. 3
3030 This Act may be cited as the ‘‘Fair Play for Women 4
3131 Act’’. 5
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3434 •HR 1183 IH
3535 SEC. 2. FINDINGS. 1
3636 Congress finds the following: 2
3737 (1) More than 50 years ago, Congress passed 3
3838 title IX of the Education Amendments of 1972 (re-4
3939 ferred to in this section as ‘‘title IX’’), helping to 5
4040 transform participation in and support for women’s 6
4141 sports by barring discrimination on the basis of sex 7
4242 in all schools that receive Federal funding, including 8
4343 in their athletic programs. 9
4444 (2) Since the passage of title IX, millions more 10
4545 women and girls have had the opportunity to com-11
4646 pete in school-based athletics. In high school ath-12
4747 letics, athletic participation opportunities have in-13
4848 creased from nearly 300,000 in 1972 to more than 14
4949 3,400,000 in 2019. In intercollegiate athletics, op-15
5050 portunities have increased from nearly 30,000 in 16
5151 1972 to 215,000 in 2020 on teams sponsored by in-17
5252 stitutions who are members of the National Colle-18
5353 giate Athletic Association (referred to in this section 19
5454 as the ‘‘NCAA’’). 20
5555 (3) Despite progress, women and girls still face 21
5656 unequal opportunities and unfair treatment in 22
5757 school-based athletics. In high school athletics, girls 23
5858 have over 1,000,000 fewer athletic opportunities 24
5959 than boys, with schools providing girls with 43 per-25
6060 cent of all athletic opportunities while girls represent 26
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6363 •HR 1183 IH
6464 nearly half of all students. In intercollegiate ath-1
6565 letics, colleges would need to provide women with an 2
6666 additional 148,000 sports opportunities to match the 3
6767 same ratio of sports opportunities per student as is 4
6868 offered to men. Overall, girls still do not have the 5
6969 participation opportunities provided to boys before 6
7070 the enactment of title IX, over 50 years ago. 7
7171 (4) Girls of color are often most impacted by 8
7272 unequal resources and unfair treatment. At high 9
7373 schools predominantly attended by white students, 10
7474 girls have 82 percent of the opportunities that boys 11
7575 have to play sports, while at high schools predomi-12
7676 nantly attended by students of color, girls have only 13
7777 67 percent of the opportunities that boys have to 14
7878 play sports. 15
7979 (5) As part of title IX athletics requirements, 16
8080 schools can show they are compliant by providing 17
8181 athletic participation opportunities for men and 18
8282 women that are substantially proportionate to their 19
8383 respective enrollment rates. Yet, a Government Ac-20
8484 countability Office report from 2024 found that 93 21
8585 percent of all colleges had athletic participation rates 22
8686 for women that were lower than their enrollment 23
8787 rate at the colleges. At 63 percent of colleges, wom-24
8888 en’s athletic participation rates were at least 10 per-25
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9191 •HR 1183 IH
9292 centage points lower than their enrollment rates. 1
9393 Overall, the athletic participation rate for collegiate 2
9494 women was 14 percent less than their enrollment 3
9595 rate. Despite widespread noncompliance with title IX 4
9696 athletics requirements, no college has ever had Fed-5
9797 eral funding rescinded nor been sued by the Federal 6
9898 government for noncompliance. 7
9999 (6) The magnitude of current gaps in intercolle-8
100100 giate athletics participation opportunities is likely 9
101101 undercounted, as investigations of intercollegiate 10
102102 athletics data have found that the majority of NCAA 11
103103 member institutions inflate the number of women 12
104104 participating in sports by double- and triple-counting 13
105105 women athletes who participate in more than one 14
106106 sport more often than the institutions double- and 15
107107 triple-count their counterparts who are men, count-16
108108 ing men who are practice players on women’s teams 17
109109 as women athletes, and packing women’s teams with 18
110110 extra players who never end up competing. 19
111111 (7) Women and girls in sports also face unfair 20
112112 treatment. They are frequently provided worse facili-21
113113 ties, equipment, and uniforms than men and boys, 22
114114 and they receive less financial support and publicity 23
115115 from their schools. In the 2019–2020 academic year, 24
116116 women received $252,000,000 less than men in ath-25
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119119 •HR 1183 IH
120120 letic-based scholarships, and for every dollar colleges 1
121121 spent on recruiting, travel, and equipment for men’s 2
122122 sports, they spent 58 cents, 62 cents, and 73 cents, 3
123123 respectively, for women’s sports. 4
124124 (8) Amid ongoing unfair treatment, athletes 5
125125 and athletics-related staff too often are unaware of 6
126126 the rights and obligations provided by title IX. In 7
127127 surveys of children and their parents, the majority 8
128128 report not knowing what title IX is. A study con-9
129129 ducted by the Government Accountability Office in 10
130130 2017 found that most high school athletic adminis-11
131131 trators were unaware of who their title IX coordi-12
132132 nator was or felt unsupported by their title IX coor-13
133133 dinator. In intercollegiate athletics, most coaches re-14
134134 port that they never received formal training about 15
135135 title IX as part of the preparation for their jobs. 16
136136 SEC. 3. PURPOSES. 17
137137 The purposes of this Act are to— 18
138138 (1) address unfair and discriminatory treatment 19
139139 of women and girls in sports in elementary and sec-20
140140 ondary schools, as well as institutions of higher edu-21
141141 cation; 22
142142 (2) improve the collection and transparency of 23
143143 data pertaining to participation in and support for 24
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146146 •HR 1183 IH
147147 women’s and girls’ sports at schools receiving Fed-1
148148 eral financial assistance; 2
149149 (3) ensure all students participating in ath-3
150150 letics, as well as those who work in school-sponsored 4
151151 athletics, are aware of and understand the non-5
152152 discrimination rights of students related to their 6
153153 athletic opportunities; and 7
154154 (4) ensure all students have equal access to 8
155155 high-quality and supportive athletic opportunities. 9
156156 SEC. 4. DEFINITIONS. 10
157157 In this Act: 11
158158 (1) ESEA
159159 TERMS.—The terms ‘‘elementary 12
160160 school’’ and ‘‘secondary school’’ have the meanings 13
161161 given those terms in section 8101 of the Elementary 14
162162 and Secondary Education Act of 1965 (20 U.S.C. 15
163163 7801). 16
164164 (2) C
165165 OLLEGIATE.—The term ‘‘collegiate’’, used 17
166166 with respect to athletics, means intramural and club- 18
167167 level athletics or other athletics, in which all partici-19
168168 pants attend the same covered institution of higher 20
169169 education. 21
170170 (3) C
171171 OVERED INSTITUTION OF HIGHER EDU -22
172172 CATION.—The term ‘‘covered institution of higher 23
173173 education’’ means an entity that is described in sec-24
174174 tion 908(2)(A) of the Education Amendments of 25
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177177 •HR 1183 IH
178178 1972 (20 U.S.C. 1687(2)(A)) and covered by section 1
179179 908 of those Amendments (20 U.S.C. 1687). 2
180180 (4) C
181181 OVERED LOCAL EDUCATIONAL AGENCY .— 3
182182 The term ‘‘covered local educational agency’’ means 4
183183 such an agency that is described in section 5
184184 908(2)(B) of the Education Amendments of 1972 6
185185 (20 U.S.C. 1687(2)(B)) and covered by section 908 7
186186 of those Amendments. 8
187187 (5) I
188188 NTERCOLLEGIATE ATHLETIC ASSOCIA -9
189189 TION.—The term ‘‘intercollegiate athletic associa-10
190190 tion’’ means any conference, association, or other 11
191191 group or organization, established by or comprised 12
192192 of 2 or more covered institutions of higher edu-13
193193 cation, that— 14
194194 (A) governs competitions among, or other-15
195195 wise exercises authority over intercollegiate ath-16
196196 letics at, such institutions of higher education 17
197197 who are members of or under the authority of 18
198198 the intercollegiate athletic association; and 19
199199 (B) is engaged in commerce or an industry 20
200200 or activity affecting commerce. 21
201201 (6) S
202202 TATE ATHLETIC ASSOCIATION .—The term 22
203203 ‘‘State athletic association’’ means any association, 23
204204 organization, or other group, established by or com-24
205205 prised of 2 or more elementary schools or secondary 25
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208208 •HR 1183 IH
209209 schools that receive Federal funding, that governs 1
210210 competition among or otherwise exercises authority 2
211211 over elementary school, secondary school, or inter-3
212212 scholastic athletics, at such federally funded elemen-4
213213 tary schools or secondary schools. 5
214214 (7) T
215215 ITLE IX COORDINATOR .—The term ‘‘title 6
216216 IX coordinator’’ means the individual who coordi-7
217217 nates the efforts of a covered school system to com-8
218218 ply with and carry out the responsibilities of the cov-9
219219 ered local educational agency under title IX of the 10
220220 Education Amendments of 1972 (20 U.S.C. 1681 et 11
221221 seq.). 12
222222 SEC. 5. DISCRIMINATION BY STATE AND INTERCOLLEGIATE 13
223223 ATHLETIC ASSOCIATIONS, LOCAL EDU-14
224224 CATIONAL AGENCIES, AND COVERED INSTI-15
225225 TUTIONS OF HIGHER EDUCATION. 16
226226 (a) E
227227 LEMENTARY OR SECONDARY SCHOOL.—No 17
228228 State athletic association or covered local educational 18
229229 agency shall, on the basis of sex, subject any athlete to 19
230230 discrimination with respect to elementary school, sec-20
231231 ondary school, or interscholastic athletics, including dis-21
232232 crimination through— 22
233233 (1) the rules it sets for elementary school, sec-23
234234 ondary school, or interscholastic athletics; 24
235235 (2) the sports— 25
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238238 •HR 1183 IH
239239 (A) required for membership in a State 1
240240 athletic association; 2
241241 (B) competitions sponsored by the State 3
242242 athletic association or covered local educational 4
243243 agency, respectively; or 5
244244 (C) championships sponsored by that asso-6
245245 ciation or agency; or 7
246246 (3) the location, facilities, or amenities provided 8
247247 for competitions or championships sponsored by that 9
248248 association or agency. 10
249249 (b) H
250250 IGHEREDUCATION.— 11
251251 (1) I
252252 N GENERAL.—No intercollegiate athletic 12
253253 association or covered institution of higher education 13
254254 shall, on the basis of sex, subject any athlete to dis-14
255255 crimination with respect to intercollegiate or (subject 15
256256 to paragraph (2)) collegiate athletics, including dis-16
257257 crimination through— 17
258258 (A) the rules it sets for intercollegiate ath-18
259259 letics or collegiate athletics; 19
260260 (B) the sports— 20
261261 (i) required for membership in an 21
262262 intercollegiate athletic association, or re-22
263263 quired for participation in collegiate ath-23
264264 letics at a covered institution of higher 24
265265 education; 25
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268268 •HR 1183 IH
269269 (ii) competitions sponsored by the 1
270270 intercollegiate athletic association, or colle-2
271271 giate athletic competitions sponsored by 3
272272 the covered institution of higher education; 4
273273 or 5
274274 (iii) championships sponsored by the 6
275275 intercollegiate athletic association, or colle-7
276276 giate athletic championships sponsored by 8
277277 the covered institution of higher education; 9
278278 (C) the location, facilities, or amenities 10
279279 provided for competitions or championships 11
280280 sponsored by the intercollegiate athletic associa-12
281281 tion, or for collegiate athletic competitions or 13
282282 championships sponsored by the institution; 14
283283 (D) the provision or arrangement for the 15
284284 provision of goods or services (including bene-16
285285 fits) for competitions or championships spon-17
286286 sored by the intercollegiate athletic association, 18
287287 or for collegiate athletic competitions or cham-19
288288 pionships sponsored by such an institution; or 20
289289 (E) the distribution of revenues or other 21
290290 benefits to members of or such institutions 22
291291 under the authority of the intercollegiate ath-23
292292 letic association, or to teams, clubs, or other en-24
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295295 •HR 1183 IH
296296 tities participating in collegiate athletics at the 1
297297 institution. 2
298298 (2) L
299299 IMITATION.—Only a covered institution of 3
300300 higher education may be considered to have com-4
301301 mitted a violation of paragraph (1) with respect to 5
302302 collegiate athletics. 6
303303 (c) P
304304 RIVATERIGHT OFACTION.— 7
305305 (1) I
306306 N GENERAL.—An individual who seeks to 8
307307 participate, participates, or previously participated 9
308308 in athletics covered under subsection (a) or (b), of-10
309309 fered under the authority of an intercollegiate ath-11
310310 letic association or State athletic association, or by 12
311311 a covered institution of higher education or covered 13
312312 local educational agency, may bring an action in any 14
313313 Federal or State court of competent jurisdiction 15
314314 against the athletic association, institution, or agen-16
315315 cy involved, alleging a violation of this section. 17
316316 (2) R
317317 ELIEF.—The court may award all legal or 18
318318 equitable relief that may be appropriate for such a 19
319319 violation. The legal relief may include compensatory 20
320320 damages for all injuries, including financial injuries, 21
321321 unequal treatment, emotional distress, humiliation, 22
322322 and pain and suffering, as well as punitive damages, 23
323323 attorney’s fees, and expert fees. 24
324324 (d) T
325325 RAINING.— 25
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328328 •HR 1183 IH
329329 (1) ASSOCIATIONS.—Each State athletic asso-1
330330 ciation or intercollegiate athletic association shall en-2
331331 sure that each employee of the State athletic asso-3
332332 ciation or intercollegiate athletic association receives, 4
333333 at least once per year, training on the provisions of 5
334334 this section, including the rights delineated under 6
335335 this section and the procedures for bringing actions 7
336336 under this section. 8
337337 (2) C
338338 OVERED INSTITUTIONS OF HIGHER EDU -9
339339 CATION.—Each covered institution of higher edu-10
340340 cation shall ensure that each employee of the institu-11
341341 tion with an employment function relating to colle-12
342342 giate athletics receives, at least once per year, such 13
343343 training. 14
344344 (3) C
345345 OVERED LOCAL EDUCATIONAL AGENCY .— 15
346346 Each covered local educational agency shall ensure 16
347347 that each employee of the local educational agency 17
348348 with an employment function relating to athletics re-18
349349 ceives, at least once per year, such training. 19
350350 SEC. 6. EXPANDING ATHLETICS DISCLOSURE REQUIRE-20
351351 MENTS. 21
352352 (a) I
353353 NSTITUTIONS OFHIGHEREDUCATION.—Section 22
354354 485(g) of the Higher Education Act of 1965 (20 U.S.C. 23
355355 1092(g)) is amended— 24
356356 (1) in paragraph (1)— 25
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359359 •HR 1183 IH
360360 (A) in the matter preceding subparagraph 1
361361 (A)— 2
362362 (i) by inserting ‘‘collegiate (including 3
363363 intramural and club-level) or’’ before 4
364364 ‘‘intercollegiate athletic program’’; and 5
365365 (ii) by inserting ‘‘collegiate and’’ be-6
366366 fore ‘‘intercollegiate athletics’’; 7
367367 (B) in subparagraph (B), by striking 8
368368 clause (i) and inserting the following: 9
369369 ‘‘(i) The total number of participants, 10
370370 by team.’’; 11
371371 (C) in subparagraph (C)— 12
372372 (i) by striking ‘‘The total amount’’ 13
373373 and inserting the following: ‘‘(i) The total 14
374374 amount’’; and 15
375375 (ii) by adding at the end the fol-16
376376 lowing: 17
377377 ‘‘(ii) For each men’s and women’s inter-18
378378 collegiate sport— 19
379379 ‘‘(I) the total amount of athletically 20
380380 related student aid; 21
381381 ‘‘(II) the total number of athletically 22
382382 related scholarships, and the average 23
383383 amount of such scholarships; 24
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386386 •HR 1183 IH
387387 ‘‘(III) the total number of athletically 1
388388 related scholarships that fund the full cost 2
389389 of tuition at the institution; 3
390390 ‘‘(IV) the total number of athletically 4
391391 related scholarships that fund the full cost 5
392392 of attendance for the athlete; 6
393393 ‘‘(V) the total number of athletically 7
394394 related scholarships awarded for a period 8
395395 equal to or less than one year; and 9
396396 ‘‘(VI) the total number of athletically 10
397397 related scholarships awarded for a period 11
398398 equal to or greater than 4 academic 12
399399 years.’’; 13
400400 (D) in subparagraph (E), by inserting 14
401401 ‘‘and disaggregated by each men’s sport and 15
402402 each women’s sport’’ before the period at the 16
403403 end; 17
404404 (E) in subparagraph (G), by inserting 18
405405 ‘‘(which, for purposes of this subparagraph, in-19
406406 cludes compensation, bonuses, benefits, and 20
407407 buyouts paid to coaches and reportable by the 21
408408 institution or related entities, including booster 22
409409 clubs and foundations)’’ before ‘‘of the head 23
410410 coaches of men’s teams’’; 24
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413413 •HR 1183 IH
414414 (F) in subparagraph (H), by inserting 1
415415 ‘‘(which, for purposes of this subparagraph, in-2
416416 cludes compensation, bonuses, benefits, and 3
417417 buyouts paid to coaches and reportable by the 4
418418 institution or related entities, including booster 5
419419 clubs and foundations)’’ before ‘‘of the assistant 6
420420 coaches of men’s teams’’; 7
421421 (G) in subparagraph (I)— 8
422422 (i) by striking clause (i) and inserting 9
423423 the following: ‘‘(i) The revenues from the 10
424424 institution’s intercollegiate athletics activi-11
425425 ties, in the aggregate and disaggregated by 12
426426 each men’s sport and each women’s sport, 13
427427 including— 14
428428 ‘‘(I) total revenues; and 15
429429 ‘‘(II) each category of revenues de-16
430430 scribed in clause (ii).’’; and 17
431431 (ii) in clause (ii)— 18
432432 (I) by inserting ‘‘collegiate and’’ 19
433433 before ‘‘intercollegiate’’; and 20
434434 (II) by striking ‘‘, and adver-21
435435 tising, but revenues’’ and all that fol-22
436436 lows through the period at the end 23
437437 and inserting ‘‘, advertising, and, to 24
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440440 •HR 1183 IH
441441 the extent practicable, student activi-1
442442 ties fees and alumni contributions.’’; 2
443443 (H) by striking clause (i) of subparagraph 3
444444 (J) and inserting the following: ‘‘(i) The ex-4
445445 penses made by the institution for the institu-5
446446 tion’s intercollegiate athletics activities, in the 6
447447 aggregate and disaggregated by each men’s 7
448448 sport and each women’s sport, including— 8
449449 ‘‘(I) total expenses; and 9
450450 ‘‘(II) each category of expenses as de-10
451451 scribed in clause (ii).’’; and 11
452452 (I) by adding at the end the following: 12
453453 ‘‘(K) The numbers of participants who 13
454454 participate in 1, 2, or 3 intercollegiate sports at 14
455455 the institution, in the aggregate and 15
456456 disaggregated by each men’s sport and each 16
457457 women’s sport. 17
458458 ‘‘(L) The total number of men that prac-18
459459 tice on women’s intercollegiate teams, in the ag-19
460460 gregate and disaggregated by each women’s 20
461461 sport. 21
462462 ‘‘(M) Information regarding race and eth-22
463463 nicity for athletes and coaches (including assist-23
464464 ant coaches), in the aggregate and 24
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467467 •HR 1183 IH
468468 disaggregated by each men’s sport and each 1
469469 women’s sport. 2
470470 ‘‘(N) The number of male students, and 3
471471 the number of female students, participating in 4
472472 collegiate (including intramural and club) 5
473473 sports at the institution. 6
474474 ‘‘(O) A certification that the institution 7
475475 has verified the information submitted in the 8
476476 report under this paragraph. 9
477477 ‘‘(P) With respect to the sports participa-10
478478 tion opportunities requirements under title IX 11
479479 of the Education Amendments of 1972— 12
480480 ‘‘(i) a certification that the institution 13
481481 complies with such requirements by show-14
482482 ing— 15
483483 ‘‘(I) substantial proportionality; 16
484484 ‘‘(II) a history and continuing 17
485485 practice of expanding sports participa-18
486486 tion opportunities; or 19
487487 ‘‘(III) full and effective accommo-20
488488 dation of athletics interests; and 21
489489 ‘‘(ii) an identification of the method of 22
490490 compliance described in subclauses (I) 23
491491 through (III) of clause (i) that the institu-24
492492 tion uses.’’; 25
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495495 •HR 1183 IH
496496 (2) in paragraph (2), by striking ‘‘For the pur-1
497497 poses of paragraph (1)(G)’’ and inserting ‘‘For the 2
498498 purposes of subparagraphs (G) and (H) of para-3
499499 graph (1)’’; 4
500500 (3) by striking paragraph (4) and inserting the 5
501501 following: 6
502502 ‘‘(4) S
503503 UBMISSION; REPORT; INFORMATION 7
504504 AVAILABILITY.— 8
505505 ‘‘(A) I
506506 NSTITUTIONAL REQUIREMENTS .— 9
507507 Each institution of higher education described 10
508508 in paragraph (1) shall— 11
509509 ‘‘(i) by October 15 of each year, pro-12
510510 vide the information contained in the re-13
511511 port required under such paragraph for 14
512512 such year to the Secretary; and 15
513513 ‘‘(ii) by not later than February 15 of 16
514514 each year, publish such information on a 17
515515 public Internet website of the institution in 18
516516 a searchable format. 19
517517 ‘‘(B) P
518518 UBLIC AVAILABILITY.—By not later 20
519519 than February 15 of each year, the Secretary 21
520520 shall make the reports and information de-22
521521 scribed in subparagraph (A) for the imme-23
522522 diately preceding academic year available to the 24
523523 public, which shall include posting the reports 25
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526526 •HR 1183 IH
527527 and information on a public Internet website of 1
528528 the Department in a searchable format.’’; 2
529529 (4) by redesignating paragraph (5) as para-3
530530 graph (6); 4
531531 (5) by inserting after paragraph (4) the fol-5
532532 lowing: 6
533533 ‘‘(5) R
534534 EPORTS BY THE SECRETARY .— 7
535535 ‘‘(A) I
536536 N GENERAL.—By not later than 2 8
537537 years after the date of enactment of the Fair 9
538538 Play for Women Act, and every 2 years there-10
539539 after, the Secretary shall prepare and publish a 11
540540 report on gender equity using the information 12
541541 submitted under this subsection. 13
542542 ‘‘(B) C
543543 ONTENTS.—The report required 14
544544 under subparagraph (A) shall, in the aggregate 15
545545 for all institutions of higher education described 16
546546 in paragraph (1) and disaggregated by each in-17
547547 dividual institution— 18
548548 ‘‘(i) identify participant gaps, if any, 19
549549 by indicating the number of participants 20
550550 that need to be added in order for partici-21
551551 pants of the underrepresented sex at the 22
552552 institution to match the proportion of en-23
553553 rolled full-time undergraduate students of 24
554554 the underrepresented sex at the institution; 25
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557557 •HR 1183 IH
558558 ‘‘(ii) identify funding gaps, if any, by 1
559559 showing the percentage differences, com-2
560560 pared to proportions of enrollment of men 3
561561 and women at the institution, in expendi-4
562562 tures for athletically related student aid, 5
563563 recruiting, promotion, and publicity in 6
564564 intercollegiate athletics; and 7
565565 ‘‘(iii) identify any trends evident in 8
566566 such data that address relevant inequities 9
567567 in intercollegiate athletics participation and 10
568568 financial support.’’; and 11
569569 (6) in paragraph (6), as redesignated by para-12
570570 graph (4)— 13
571571 (A) by striking ‘‘D
572572 EFINITION.—For the 14
573573 purposes of this subsection, the term’’ and in-15
574574 serting the following: ‘‘D
575575 EFINITIONS.—For pur-16
576576 poses of this subsection: 17
577577 ‘‘(A) O
578578 PERATING EXPENSES .—The term’’; 18
579579 and 19
580580 (B) by adding at the end the following: 20
581581 ‘‘(B) P
582582 ARTICIPANT.—The term ‘partici-21
583583 pant’ means an athlete in a sport who— 22
584584 ‘‘(i)(I) is receiving the institutionally 23
585585 sponsored support normally provided to 24
586586 athletes competing at the institution in-25
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589589 •HR 1183 IH
590590 volved on a regular basis during the sport’s 1
591591 season; 2
592592 ‘‘(II) is participating in organized 3
593593 practice sessions and other team meetings 4
594594 and activities on a regular basis during the 5
595595 sport’s season; and 6
596596 ‘‘(III) is listed on the eligibility or 7
597597 squad list maintained for the sport; or 8
598598 ‘‘(ii) due to injury, does not meet the 9
599599 requirements of clause (i) but continues to 10
600600 receive financial aid on the basis of athletic 11
601601 ability in the sport. 12
602602 ‘‘(C) S
603603 EASON.—The term ‘season’, when 13
604604 used with respect to an intercollegiate team 14
605605 sport, means the period beginning on the date 15
606606 of a team’s first intercollegiate competitive 16
607607 event in an academic year and ending on the 17
608608 date of the team’s final intercollegiate competi-18
609609 tive event in such academic year.’’. 19
610610 (b) E
611611 LEMENTARYSCHOOL ANDSECONDARYSCHOOL 20
612612 A
613613 THLETICPROGRAMS.— 21
614614 (1) I
615615 N GENERAL.—Subpart 2 of part F of title 22
616616 VIII of the Elementary and Secondary Education 23
617617 Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 24
618618 adding at the end the following: 25
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621621 •HR 1183 IH
622622 ‘‘SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN 1
623623 ELEMENTARY AND SECONDARY EDUCATION 2
624624 ATHLETIC PROGRAMS. 3
625625 ‘‘(a) D
626626 EFINITIONS.—In this section: 4
627627 ‘‘(1) P
628628 ARTICIPANT.—The term ‘participant’ 5
629629 means an athlete in a sport who participates in the 6
630630 sport in elementary school, secondary school, or 7
631631 interscholastic competitive events, organized practice 8
632632 sessions, and other team meetings and activities on 9
633633 a regular basis during the sport’s season. 10
634634 ‘‘(2) S
635635 EASON.—The term ‘season’, when used 11
636636 with respect to a team sport, means the period be-12
637637 ginning on the date of a team’s first athletic com-13
638638 petition in an academic year and ending on the date 14
639639 of the team’s final interscholastic athletic competi-15
640640 tion in such academic year. 16
641641 ‘‘(3) S
642642 TATE ATHLETIC ASSOCIATION .—The 17
643643 term ‘State athletic association’ has the meaning 18
644644 given the term in section 4 of the Fair Play for 19
645645 Women Act. 20
646646 ‘‘(b) I
647647 NGENERAL.—The Secretary shall collect annu-21
648648 ally, from each coeducational elementary school and sec-22
649649 ondary school that receives Federal financial assistance 23
650650 and has an athletic program, a report that includes the 24
651651 following information for the immediately preceding aca-25
652652 demic year: 26
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655655 •HR 1183 IH
656656 ‘‘(1) The total number of students that at-1
657657 tended the school, fully disaggregated and cross-tab-2
658658 ulated by sex and race or ethnicity. 3
659659 ‘‘(2) A listing of the school’s teams that com-4
660660 peted in athletic competition and for each such team 5
661661 the following data: 6
662662 ‘‘(A) The season in which the team com-7
663663 peted. 8
664664 ‘‘(B) The total number of participants, 9
665665 fully disaggregated and cross-tabulated by sex 10
666666 and race or ethnicity and level of competition. 11
667667 ‘‘(C) The total expenditures for the team 12
668668 from all sources, including school funds and 13
669669 funds provided by any other entities, such as 14
670670 booster organizations, including the following 15
671671 data: 16
672672 ‘‘(i) The travel expenditures. 17
673673 ‘‘(ii) The equipment expenditures (in-18
674674 cluding any equipment replacement sched-19
675675 ule). 20
676676 ‘‘(iii) The uniform expenditures (in-21
677677 cluding any uniform replacement sched-22
678678 ule). 23
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681681 •HR 1183 IH
682682 ‘‘(iv) The expenditures for facilities, 1
683683 including medical facilities, locker rooms, 2
684684 fields, and gymnasiums. 3
685685 ‘‘(v) The total number of trainers and 4
686686 medical personnel, and for each trainer or 5
687687 medical personnel an identification of such 6
688688 individual’s— 7
689689 ‘‘(I) sex; and 8
690690 ‘‘(II) employment status (includ-9
691691 ing whether such individual is as-10
692692 signed to the team full-time or part- 11
693693 time, and whether such individual is a 12
694694 head or assistant trainer or medical 13
695695 services provider) and duties other 14
696696 than providing training or medical 15
697697 services. 16
698698 ‘‘(vi) The expenditures for publicity 17
699699 for competitions. 18
700700 ‘‘(vii) The total salary expenditures 19
701701 for coaches, including compensation, bene-20
702702 fits, and bonuses, the total number of 21
703703 coaches, and for each coach an identifica-22
704704 tion of such coach’s— 23
705705 ‘‘(I) sex; and 24
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708708 •HR 1183 IH
709709 ‘‘(II) employment status (includ-1
710710 ing whether such coach is assigned to 2
711711 the team full-time or part-time, and 3
712712 whether such coach is a head or as-4
713713 sistant coach) and duties other than 5
714714 coaching. 6
715715 ‘‘(D) The total number of competitive 7
716716 events (in regular and nontraditional seasons) 8
717717 scheduled, and for each an indication of what 9
718718 day of the week and time the competitive event 10
719719 was scheduled. 11
720720 ‘‘(E) Whether such team participated in 12
721721 postseason competition, and the success of such 13
722722 team in any postseason competition. 14
723723 ‘‘(c) D
724724 ISCLOSURE TOSTUDENTS AND PUBLIC.—A 15
725725 school described in subsection (b) shall— 16
726726 ‘‘(1) by October 15 of each year, make available 17
727727 to students, potential students, and parents of stu-18
728728 dents and potential students, upon request, and to 19
729729 the public, the report and information required of 20
730730 the school under such subsection for such year; and 21
731731 ‘‘(2) ensure that all students and parents at the 22
732732 school are informed of their right to request such re-23
733733 port and information. 24
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736736 •HR 1183 IH
737737 ‘‘(d) SUBMISSION; INFORMATION AVAILABILITY.— 1
738738 On an annual basis, each school described in subsection 2
739739 (b) shall provide the report required under such sub-3
740740 section, and the information contained in such report, to 4
741741 the Secretary not later than 15 days after the date that 5
742742 the school makes such report and information available 6
743743 under subsection (c). 7
744744 ‘‘(e) D
745745 UTIES OF THE SECRETARY.—The Secretary 8
746746 shall— 9
747747 ‘‘(1) ensure that reports and information sub-10
748748 mitted under subsection (d) are available on the 11
749749 same public website, and searchable in the same 12
750750 manner, as the reports and information made avail-13
751751 able under section 485(g)(4)(B) of the Higher Edu-14
752752 cation Act of 1965; and 15
753753 ‘‘(2) not later than 180 days after the date of 16
754754 enactment of the Fair Play for Women Act— 17
755755 ‘‘(A) notify all elementary schools, sec-18
756756 ondary schools, and State athletic associations 19
757757 in all States regarding the availability of the re-20
758758 ports and information under subsection (c); and 21
759759 ‘‘(B) issue guidance to all such elementary 22
760760 schools, secondary schools, and State athletic 23
761761 associations on how to collect and report the in-24
762762 formation required under this section.’’. 25
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765765 •HR 1183 IH
766766 (2) CONFORMING AMENDMENT .—The table of 1
767767 contents in section 2 of the Elementary and Sec-2
768768 ondary Education Act of 1965 is amended by insert-3
769769 ing after the item relating to section 8549C the fol-4
770770 lowing: 5
771771 ‘‘Sec. 8549D. Disclosure of statistics on equality in elementary and secondary
772772 education athletic programs.’’.
773773 SEC. 7. TRAINING AND INFORMATION FOR ATHLETES AND
774774 6
775775 EMPLOYEES. 7
776776 (a) T
777777 RAINING.— 8
778778 (1) C
779779 OVERED LOCAL EDUCATIONAL AGENCY .— 9
780780 (A) E
781781 MPLOYEES.—Each covered local edu-10
782782 cational agency shall ensure that each title IX 11
783783 coordinator, and each employee who works with 12
784784 athletics or teaches physical education or 13
785785 health, for the covered local educational agency 14
786786 receives, at least once per year, training on the 15
787787 rights under title IX of the Education Amend-16
788788 ments of 1972 (20 U.S.C. 1681 et seq.) of stu-17
789789 dents at elementary schools or secondary 18
790790 schools, and procedures for submitting com-19
791791 plaints of violations under title IX of the Edu-20
792792 cation Amendments of 1972 to the Office for 21
793793 Civil Rights of the Department of Education. 22
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796796 •HR 1183 IH
797797 (B) ELEMENTARY AND SECONDARY 1
798798 SCHOOL ATHLETES .—Each covered local edu-2
799799 cational agency shall ensure that— 3
800800 (i) a title IX coordinator for the cov-4
801801 ered local educational agency provides 5
802802 training to athletes at elementary schools 6
803803 or secondary schools served by the covered 7
804804 local educational agency on the rights of 8
805805 the athletes under title IX of the Edu-9
806806 cation Amendments of 1972, and proce-10
807807 dures for submitting complaints of viola-11
808808 tions of that title to the Office for Civil 12
809809 Rights of the Department of Education; 13
810810 and 14
811811 (ii) each such athlete receives that 15
812812 training at least once per year. 16
813813 (2) C
814814 OVERED INSTITUTIONS OF HIGHER EDU -17
815815 CATION.— 18
816816 (A) E
817817 MPLOYEES.—Each covered institu-19
818818 tion of higher education shall ensure that each 20
819819 employee of the athletic department of the cov-21
820820 ered institution of higher education and each 22
821821 employee of the institution with an employment 23
822822 function relating to collegiate athletics receives, 24
823823 at least once per year, training on the rights 25
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826826 •HR 1183 IH
827827 under title IX of the Education Amendments of 1
828828 1972 (20 U.S.C. 1681 et seq.) of students at 2
829829 covered institutions of higher education, and 3
830830 procedures for submitting complaints of viola-4
831831 tions of title IX of the Education Amendments 5
832832 of 1972 to the Office for Civil Rights of the De-6
833833 partment of Education. 7
834834 (B) P
835835 OSTSECONDARY SCHOOL ATH -8
836836 LETES.—Each covered institution of higher 9
837837 education shall ensure that— 10
838838 (i) an expert in matters relating to 11
839839 title IX of the Education Amendments of 12
840840 1972, who is not an employee described in 13
841841 subparagraph (A) of the covered institu-14
842842 tion of higher education, provides training 15
843843 to athletes at the covered institution of 16
844844 higher education on the rights of the ath-17
845845 letes under title IX of the Education 18
846846 Amendments of 1972 (20 U.S.C. 1681 et 19
847847 seq.), and procedures for submitting com-20
848848 plaints of violations of that title to the Of-21
849849 fice for Civil Rights of the Department of 22
850850 Education; and 23
851851 (ii) each such athlete receives that 24
852852 training at least once per year. 25
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855855 •HR 1183 IH
856856 (b) DATABASE.—The Secretary of Education shall 1
857857 establish and maintain a database of title IX coordinators, 2
858858 which shall be separate from the civil rights coordinators 3
859859 data maintained by the Office for Civil Rights of the De-4
860860 partment of Education. The database shall include, at a 5
861861 minimum, the name, phone number, and email address for 6
862862 each title IX coordinator. The Secretary shall make the 7
863863 information in the database available to the public with, 8
864864 and by the same means as, reports made available under 9
865865 section 485(g)(4)(B) of the Higher Education Act of 1965 10
866866 (20 U.S.C. 1092(g)(4)(B)). 11
867867 SEC. 8. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL 12
868868 PENALTIES. 13
869869 (a) N
870870 ONCOMPLIANCE.—The Secretary of Education 14
871871 shall determine, at the beginning of each year, each cov-15
872872 ered institution of higher education, covered local edu-16
873873 cational agency, elementary school, or secondary school 17
874874 that was found during the prior year to be in noncompli-18
875875 ance with a requirement of section 7, or of title IX of the 19
876876 Education Amendments of 1972 (20 U.S.C. 1681 et seq.). 20
877877 Such administrative proceeding shall be conducted in the 21
878878 same manner as an administrative proceeding under sec-22
879879 tion 902 of the Education Amendments of 1972 (20 23
880880 U.S.C. 1682). 24
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883883 •HR 1183 IH
884884 (b) CIVILPENALTY.—If the Secretary of Education 1
885885 determines under subsection (a) that a covered institution 2
886886 of higher education, covered local educational agency, ele-3
887887 mentary school, or secondary school was in such non-4
888888 compliance during the prior year, the Secretary may im-5
889889 pose a civil penalty on such institution, agency, or school. 6
890890 (c) F
891891 URTHERNONCOMPLIANCE.—If the Secretary of 7
892892 Education determines under subsection (a) that a covered 8
893893 institution of higher education, covered local educational 9
894894 agency, elementary school, or secondary school was in such 10
895895 noncompliance during 2 or more of the prior 5 years, the 11
896896 Secretary shall— 12
897897 (1) require such covered institution, covered 13
898898 local educational agency, elementary school, or sec-14
899899 ondary school to submit, not later than 120 days 15
900900 after receiving notice of the determination, a plan 16
901901 for coming into compliance with all requirements of 17
902902 section 7, and of title IX of the Education Amend-18
903903 ments of 1972 (20 U.S.C. 1681 et seq.); and 19
904904 (2) make the report publicly available. 20
905905 SEC. 9. RULE OF CONSTRUCTION. 21
906906 Nothing in this Act shall be construed to imply that 22
907907 intercollegiate athletic associations, State athletic associa-23
908908 tions, covered institutions of higher education, or covered 24
909909 local educational agencies— 25
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912912 •HR 1183 IH
913913 (1) are not covered by title IX of the Education 1
914914 Amendments of 1972 (20 U.S.C. 1681 et seq.); or 2
915915 (2) were not covered by that title on the day be-3
916916 fore the date of enactment of this Act. 4
917917 Æ
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