Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB543 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 543
5	5	To prohibit certain discrimination against athletes on the basis of sex by
6	6	State athletic associations, intercollegiate athletic associations, and cov-
7	7	ered institutions of higher education, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	FEBRUARY12, 2025
10	10	Mr. M
11	11	URPHY(for himself, Mr. BLUMENTHAL, and Mr. WYDEN) introduced
12	12	the following bill; which was read twice and referred to the Committee
13	13	on Health, Education, Labor, and Pensions
14	14	A BILL
15	15	To prohibit certain discrimination against athletes on the
16	16	basis of sex by State athletic associations, intercollegiate
17	17	athletic associations, and covered institutions of higher
18	18	education, and for other purposes.
19	19	Be it enacted by the Senate and House of Representa-1
20	20	tives of the United States of America in Congress assembled, 2
21	21	SECTION 1. SHORT TITLE. 3
22	22	This Act may be cited as the ‘‘Fair Play for Women 4
23	23	Act’’. 5
24	24	SEC. 2. FINDINGS. 6
25	25	Congress finds the following: 7
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29	29	(1) More than 50 years ago, Congress passed 1
30	30	title IX of the Education Amendments of 1972 (re-2
31	31	ferred to in this section as ‘‘title IX’’), helping to 3
32	32	transform participation in and support for women’s 4
33	33	sports by barring discrimination on the basis of sex 5
34	34	in all schools that receive Federal funding, including 6
35	35	in their athletic programs. 7
36	36	(2) Since the passage of title IX, millions more 8
37	37	women and girls have had the opportunity to com-9
38	38	pete in school-based athletics. In high school ath-10
39	39	letics, athletic participation opportunities have in-11
40	40	creased from nearly 300,000 in 1972 to more than 12
41	41	3,400,000 in 2019. In intercollegiate athletics, op-13
42	42	portunities have increased from nearly 30,000 in 14
43	43	1972 to 215,000 in 2020 on teams sponsored by in-15
44	44	stitutions who are members of the National Colle-16
45	45	giate Athletic Association (referred to in this section 17
46	46	as the ‘‘NCAA’’). 18
47	47	(3) Despite progress, women and girls still face 19
48	48	unequal opportunities and unfair treatment in 20
49	49	school-based athletics. In high school athletics, girls 21
50	50	have over 1,000,000 fewer athletic opportunities 22
51	51	than boys, with schools providing girls with 43 per-23
52	52	cent of all athletic opportunities while girls represent 24
53	53	nearly half of all students. In intercollegiate ath-25
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57	57	letics, colleges would need to provide women with an 1
58	58	additional 148,000 sports opportunities to match the 2
59	59	same ratio of sports opportunities per student as is 3
60	60	offered to men. Overall, girls still do not have the 4
61	61	participation opportunities provided to boys before 5
62	62	the enactment of title IX, over 50 years ago. 6
63	63	(4) Girls of color are often most impacted by 7
64	64	unequal resources and unfair treatment. At high 8
65	65	schools predominantly attended by white students, 9
66	66	girls have 82 percent of the opportunities that boys 10
67	67	have to play sports, while at high schools predomi-11
68	68	nantly attended by students of color, girls have only 12
69	69	67 percent of the opportunities that boys have to 13
70	70	play sports. 14
71	71	(5) As part of title IX athletics requirements, 15
72	72	schools can show they are compliant by providing 16
73	73	athletic participation opportunities for men and 17
74	74	women that are substantially proportionate to their 18
75	75	respective enrollment rates. Yet, a Government Ac-19
76	76	countability Office report from 2024 found that 93 20
77	77	percent of all colleges had athletic participation rates 21
78	78	for women that were lower than their enrollment 22
79	79	rate at the colleges. At 63 percent of colleges, wom-23
80	80	en’s athletic participation rates were at least 10 per-24
81	81	centage points lower than their enrollment rates. 25
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85	85	Overall, the athletic participation rate for collegiate 1
86	86	women was 14 percent less than their enrollment 2
87	87	rate. Despite widespread noncompliance with title IX 3
88	88	athletics requirements, no college has ever had Fed-4
89	89	eral funding rescinded nor been sued by the Federal 5
90	90	government for noncompliance. 6
91	91	(6) The magnitude of current gaps in intercolle-7
92	92	giate athletics participation opportunities is likely 8
93	93	undercounted, as investigations of intercollegiate 9
94	94	athletics data have found that the majority of NCAA 10
95	95	member institutions inflate the number of women 11
96	96	participating in sports by double- and triple-counting 12
97	97	women athletes who participate in more than one 13
98	98	sport more often than the institutions double- and 14
99	99	triple-count their counterparts who are men, count-15
100	100	ing men who are practice players on women’s teams 16
101	101	as women athletes, and packing women’s teams with 17
102	102	extra players who never end up competing. 18
103	103	(7) Women and girls in sports also face unfair 19
104	104	treatment. They are frequently provided worse facili-20
105	105	ties, equipment, and uniforms than men and boys, 21
106	106	and they receive less financial support and publicity 22
107	107	from their schools. In the 2019–2020 academic year, 23
108	108	women received $252,000,000 less than men in ath-24
109	109	letic-based scholarships, and for every dollar colleges 25
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113	113	spent on recruiting, travel, and equipment for men’s 1
114	114	sports, they spent 58 cents, 62 cents, and 73 cents, 2
115	115	respectively, for women’s sports. 3
116	116	(8) Amid ongoing unfair treatment, athletes 4
117	117	and athletics-related staff too often are unaware of 5
118	118	the rights and obligations provided by title IX. In 6
119	119	surveys of children and their parents, the majority 7
120	120	report not knowing what title IX is. A study con-8
121	121	ducted by the Government Accountability Office in 9
122	122	2017 found that most high school athletic adminis-10
123	123	trators were unaware of who their title IX coordi-11
124	124	nator was or felt unsupported by their title IX coor-12
125	125	dinator. In intercollegiate athletics, most coaches re-13
126	126	port that they never received formal training about 14
127	127	title IX as part of the preparation for their jobs. 15
128	128	SEC. 3. PURPOSES. 16
129	129	The purposes of this Act are to— 17
130	130	(1) address unfair and discriminatory treatment 18
131	131	of women and girls in sports in elementary and sec-19
132	132	ondary schools, as well as institutions of higher edu-20
133	133	cation; 21
134	134	(2) improve the collection and transparency of 22
135	135	data pertaining to participation in and support for 23
136	136	women’s and girls’ sports at schools receiving Fed-24
137	137	eral financial assistance; 25
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141	141	(3) ensure all students participating in ath-1
142	142	letics, as well as those who work in school-sponsored 2
143	143	athletics, are aware of and understand the non-3
144	144	discrimination rights of students related to their 4
145	145	athletic opportunities; and 5
146	146	(4) ensure all students have equal access to 6
147	147	high-quality and supportive athletic opportunities. 7
148	148	SEC. 4. DEFINITIONS. 8
149	149	In this Act: 9
150	150	(1) ESEA
151	151	TERMS.—The terms ‘‘elementary 10
152	152	school’’ and ‘‘secondary school’’ have the meanings 11
153	153	given those terms in section 8101 of the Elementary 12
154	154	and Secondary Education Act of 1965 (20 U.S.C. 13
155	155	7801). 14
156	156	(2) C
157	157	OLLEGIATE.—The term ‘‘collegiate’’, used 15
158	158	with respect to athletics, means intramural and club- 16
159	159	level athletics or other athletics, in which all partici-17
160	160	pants attend the same covered institution of higher 18
161	161	education. 19
162	162	(3) C
163	163	OVERED INSTITUTION OF HIGHER EDU -20
164	164	CATION.—The term ‘‘covered institution of higher 21
165	165	education’’ means an entity that is described in sec-22
166	166	tion 908(2)(A) of the Education Amendments of 23
167	167	1972 (20 U.S.C. 1687(2)(A)) and covered by section 24
168	168	908 of those Amendments (20 U.S.C. 1687). 25
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172	172	(4) COVERED LOCAL EDUCATIONAL AGENCY .— 1
173	173	The term ‘‘covered local educational agency’’ means 2
174	174	such an agency that is described in section 3
175	175	908(2)(B) of the Education Amendments of 1972 4
176	176	(20 U.S.C. 1687(2)(B)) and covered by section 908 5
177	177	of those Amendments. 6
178	178	(5) I
179	179	NTERCOLLEGIATE ATHLETIC ASSOCIA -7
180	180	TION.—The term ‘‘intercollegiate athletic associa-8
181	181	tion’’ means any conference, association, or other 9
182	182	group or organization, established by or comprised 10
183	183	of 2 or more covered institutions of higher edu-11
184	184	cation, that— 12
185	185	(A) governs competitions among, or other-13
186	186	wise exercises authority over intercollegiate ath-14
187	187	letics at, such institutions of higher education 15
188	188	who are members of or under the authority of 16
189	189	the intercollegiate athletic association; and 17
190	190	(B) is engaged in commerce or an industry 18
191	191	or activity affecting commerce. 19
192	192	(6) S
193	193	TATE ATHLETIC ASSOCIATION .—The term 20
194	194	‘‘State athletic association’’ means any association, 21
195	195	organization, or other group, established by or com-22
196	196	prised of 2 or more elementary schools or secondary 23
197	197	schools that receive Federal funding, that governs 24
198	198	competition among or otherwise exercises authority 25
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202	202	over elementary school, secondary school, or inter-1
203	203	scholastic athletics, at such federally funded elemen-2
204	204	tary schools or secondary schools. 3
205	205	(7) T
206	206	ITLE IX COORDINATOR .—The term ‘‘title 4
207	207	IX coordinator’’ means the individual who coordi-5
208	208	nates the efforts of a covered school system to com-6
209	209	ply with and carry out the responsibilities of the cov-7
210	210	ered local educational agency under title IX of the 8
211	211	Education Amendments of 1972 (20 U.S.C. 1681 et 9
212	212	seq.). 10
213	213	SEC. 5. DISCRIMINATION BY STATE AND INTERCOLLEGIATE 11
214	214	ATHLETIC ASSOCIATIONS, LOCAL EDU-12
215	215	CATIONAL AGENCIES, AND COVERED INSTI-13
216	216	TUTIONS OF HIGHER EDUCATION. 14
217	217	(a) E
218	218	LEMENTARY OR SECONDARY SCHOOL.—No 15
219	219	State athletic association or covered local educational 16
220	220	agency shall, on the basis of sex, subject any athlete to 17
221	221	discrimination with respect to elementary school, sec-18
222	222	ondary school, or interscholastic athletics, including dis-19
223	223	crimination through— 20
224	224	(1) the rules it sets for elementary school, sec-21
225	225	ondary school, or interscholastic athletics; 22
226	226	(2) the sports— 23
227	227	(A) required for membership in a State 24
228	228	athletic association; 25
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232	232	(B) competitions sponsored by the State 1
233	233	athletic association or covered local educational 2
234	234	agency, respectively; or 3
235	235	(C) championships sponsored by that asso-4
236	236	ciation or agency; or 5
237	237	(3) the location, facilities, or amenities provided 6
238	238	for competitions or championships sponsored by that 7
239	239	association or agency. 8
240	240	(b) H
241	241	IGHEREDUCATION.— 9
242	242	(1) I
243	243	N GENERAL.—No intercollegiate athletic 10
244	244	association or covered institution of higher education 11
245	245	shall, on the basis of sex, subject any athlete to dis-12
246	246	crimination with respect to intercollegiate or (subject 13
247	247	to paragraph (2)) collegiate athletics, including dis-14
248	248	crimination through— 15
249	249	(A) the rules it sets for intercollegiate ath-16
250	250	letics or collegiate athletics; 17
251	251	(B) the sports— 18
252	252	(i) required for membership in an 19
253	253	intercollegiate athletic association, or re-20
254	254	quired for participation in collegiate ath-21
255	255	letics at a covered institution of higher 22
256	256	education; 23
257	257	(ii) competitions sponsored by the 24
258	258	intercollegiate athletic association, or colle-25
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262	262	giate athletic competitions sponsored by 1
263	263	the covered institution of higher education; 2
264	264	or 3
265	265	(iii) championships sponsored by the 4
266	266	intercollegiate athletic association, or colle-5
267	267	giate athletic championships sponsored by 6
268	268	the covered institution of higher education; 7
269	269	(C) the location, facilities, or amenities 8
270	270	provided for competitions or championships 9
271	271	sponsored by the intercollegiate athletic associa-10
272	272	tion, or for collegiate athletic competitions or 11
273	273	championships sponsored by the institution; 12
274	274	(D) the provision or arrangement for the 13
275	275	provision of goods or services (including bene-14
276	276	fits) for competitions or championships spon-15
277	277	sored by the intercollegiate athletic association, 16
278	278	or for collegiate athletic competitions or cham-17
279	279	pionships sponsored by such an institution; or 18
280	280	(E) the distribution of revenues or other 19
281	281	benefits to members of or such institutions 20
282	282	under the authority of the intercollegiate ath-21
283	283	letic association, or to teams, clubs, or other en-22
284	284	tities participating in collegiate athletics at the 23
285	285	institution. 24
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289	289	(2) LIMITATION.—Only a covered institution of 1
290	290	higher education may be considered to have com-2
291	291	mitted a violation of paragraph (1) with respect to 3
292	292	collegiate athletics. 4
293	293	(c) P
294	294	RIVATERIGHT OFACTION.— 5
295	295	(1) I
296	296	N GENERAL.—An individual who seeks to 6
297	297	participate, participates, or previously participated 7
298	298	in athletics covered under subsection (a) or (b), of-8
299	299	fered under the authority of an intercollegiate ath-9
300	300	letic association or State athletic association, or by 10
301	301	a covered institution of higher education or covered 11
302	302	local educational agency, may bring an action in any 12
303	303	Federal or State court of competent jurisdiction 13
304	304	against the athletic association, institution, or agen-14
305	305	cy involved, alleging a violation of this section. 15
306	306	(2) R
307	307	ELIEF.—The court may award all legal or 16
308	308	equitable relief that may be appropriate for such a 17
309	309	violation. The legal relief may include compensatory 18
310	310	damages for all injuries, including financial injuries, 19
311	311	unequal treatment, emotional distress, humiliation, 20
312	312	and pain and suffering, as well as punitive damages, 21
313	313	attorney’s fees, and expert fees. 22
314	314	(d) T
315	315	RAINING.— 23
316	316	(1) A
317	317	SSOCIATIONS.—Each State athletic asso-24
318	318	ciation or intercollegiate athletic association shall en-25
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322	322	sure that each employee of the State athletic asso-1
323	323	ciation or intercollegiate athletic association receives, 2
324	324	at least once per year, training on the provisions of 3
325	325	this section, including the rights delineated under 4
326	326	this section and the procedures for bringing actions 5
327	327	under this section. 6
328	328	(2) C
329	329	OVERED INSTITUTIONS OF HIGHER EDU -7
330	330	CATION.—Each covered institution of higher edu-8
331	331	cation shall ensure that each employee of the institu-9
332	332	tion with an employment function relating to colle-10
333	333	giate athletics receives, at least once per year, such 11
334	334	training. 12
335	335	(3) C
336	336	OVERED LOCAL EDUCATIONAL AGENCY .— 13
337	337	Each covered local educational agency shall ensure 14
338	338	that each employee of the local educational agency 15
339	339	with an employment function relating to athletics re-16
340	340	ceives, at least once per year, such training. 17
341	341	SEC. 6. EXPANDING ATHLETICS DISCLOSURE REQUIRE-18
342	342	MENTS. 19
343	343	(a) I
344	344	NSTITUTIONS OFHIGHEREDUCATION.—Section 20
345	345	485(g) of the Higher Education Act of 1965 (20 U.S.C. 21
346	346	1092(g)) is amended— 22
347	347	(1) in paragraph (1)— 23
348	348	(A) in the matter preceding subparagraph 24
349	349	(A)— 25
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353	353	(i) by inserting ‘‘collegiate (including 1
354	354	intramural and club-level) or’’ before 2
355	355	‘‘intercollegiate athletic program’’; and 3
356	356	(ii) by inserting ‘‘collegiate and’’ be-4
357	357	fore ‘‘intercollegiate athletics’’; 5
358	358	(B) in subparagraph (B), by striking 6
359	359	clause (i) and inserting the following: 7
360	360	‘‘(i) The total number of participants, 8
361	361	by team.’’; 9
362	362	(C) in subparagraph (C)— 10
363	363	(i) by striking ‘‘The total amount’’ 11
364	364	and inserting the following: ‘‘(i) The total 12
365	365	amount’’; and 13
366	366	(ii) by adding at the end the fol-14
367	367	lowing: 15
368	368	‘‘(ii) For each men’s and women’s inter-16
369	369	collegiate sport— 17
370	370	‘‘(I) the total amount of athletically 18
371	371	related student aid; 19
372	372	‘‘(II) the total number of athletically 20
373	373	related scholarships, and the average 21
374	374	amount of such scholarships; 22
375	375	‘‘(III) the total number of athletically 23
376	376	related scholarships that fund the full cost 24
377	377	of tuition at the institution; 25
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381	381	‘‘(IV) the total number of athletically 1
382	382	related scholarships that fund the full cost 2
383	383	of attendance for the athlete; 3
384	384	‘‘(V) the total number of athletically 4
385	385	related scholarships awarded for a period 5
386	386	equal to or less than one year; and 6
387	387	‘‘(VI) the total number of athletically 7
388	388	related scholarships awarded for a period 8
389	389	equal to or greater than 4 academic 9
390	390	years.’’; 10
391	391	(D) in subparagraph (E), by inserting 11
392	392	‘‘and disaggregated by each men’s sport and 12
393	393	each women’s sport’’ before the period at the 13
394	394	end; 14
395	395	(E) in subparagraph (G), by inserting 15
396	396	‘‘(which, for purposes of this subparagraph, in-16
397	397	cludes compensation, bonuses, benefits, and 17
398	398	buyouts paid to coaches and reportable by the 18
399	399	institution or related entities, including booster 19
400	400	clubs and foundations)’’ before ‘‘of the head 20
401	401	coaches of men’s teams’’; 21
402	402	(F) in subparagraph (H), by inserting 22
403	403	‘‘(which, for purposes of this subparagraph, in-23
404	404	cludes compensation, bonuses, benefits, and 24
405	405	buyouts paid to coaches and reportable by the 25
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409	409	institution or related entities, including booster 1
410	410	clubs and foundations)’’ before ‘‘of the assistant 2
411	411	coaches of men’s teams’’; 3
412	412	(G) in subparagraph (I)— 4
413	413	(i) by striking clause (i) and inserting 5
414	414	the following: ‘‘(i) The revenues from the 6
415	415	institution’s intercollegiate athletics activi-7
416	416	ties, in the aggregate and disaggregated by 8
417	417	each men’s sport and each women’s sport, 9
418	418	including— 10
419	419	‘‘(I) total revenues; and 11
420	420	‘‘(II) each category of revenues de-12
421	421	scribed in clause (ii).’’; and 13
422	422	(ii) in clause (ii)— 14
423	423	(I) by inserting ‘‘collegiate and’’ 15
424	424	before ‘‘intercollegiate’’; and 16
425	425	(II) by striking ‘‘, and adver-17
426	426	tising, but revenues’’ and all that fol-18
427	427	lows through the period at the end 19
428	428	and inserting ‘‘, advertising, and, to 20
429	429	the extent practicable, student activi-21
430	430	ties fees and alumni contributions.’’; 22
431	431	(H) by striking clause (i) of subparagraph 23
432	432	(J) and inserting the following: ‘‘(i) The ex-24
433	433	penses made by the institution for the institu-25
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437	437	tion’s intercollegiate athletics activities, in the 1
438	438	aggregate and disaggregated by each men’s 2
439	439	sport and each women’s sport, including— 3
440	440	‘‘(I) total expenses; and 4
441	441	‘‘(II) each category of expenses as de-5
442	442	scribed in clause (ii).’’; and 6
443	443	(I) by adding at the end the following: 7
444	444	‘‘(K) The numbers of participants who 8
445	445	participate in 1, 2, or 3 intercollegiate sports at 9
446	446	the institution, in the aggregate and 10
447	447	disaggregated by each men’s sport and each 11
448	448	women’s sport. 12
449	449	‘‘(L) The total number of men that prac-13
450	450	tice on women’s intercollegiate teams, in the ag-14
451	451	gregate and disaggregated by each women’s 15
452	452	sport. 16
453	453	‘‘(M) Information regarding race and eth-17
454	454	nicity for athletes and coaches (including assist-18
455	455	ant coaches), in the aggregate and 19
456	456	disaggregated by each men’s sport and each 20
457	457	women’s sport. 21
458	458	‘‘(N) The number of male students, and 22
459	459	the number of female students, participating in 23
460	460	collegiate (including intramural and club) 24
461	461	sports at the institution. 25
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465	465	‘‘(O) A certification that the institution 1
466	466	has verified the information submitted in the 2
467	467	report under this paragraph. 3
468	468	‘‘(P) With respect to the sports participa-4
469	469	tion opportunities requirements under title IX 5
470	470	of the Education Amendments of 1972— 6
471	471	‘‘(i) a certification that the institution 7
472	472	complies with such requirements by show-8
473	473	ing— 9
474	474	‘‘(I) substantial proportionality; 10
475	475	‘‘(II) a history and continuing 11
476	476	practice of expanding sports participa-12
477	477	tion opportunities; or 13
478	478	‘‘(III) full and effective accommo-14
479	479	dation of athletics interests; and 15
480	480	‘‘(ii) an identification of the method of 16
481	481	compliance described in subclauses (I) 17
482	482	through (III) of clause (i) that the institu-18
483	483	tion uses.’’; 19
484	484	(2) in paragraph (2), by striking ‘‘For the pur-20
485	485	poses of paragraph (1)(G)’’ and inserting ‘‘For the 21
486	486	purposes of subparagraphs (G) and (H) of para-22
487	487	graph (1)’’; 23
488	488	(3) by striking paragraph (4) and inserting the 24
489	489	following: 25
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493	493	‘‘(4) SUBMISSION; REPORT; INFORMATION 1
494	494	AVAILABILITY.— 2
495	495	‘‘(A) I
496	496	NSTITUTIONAL REQUIREMENTS .— 3
497	497	Each institution of higher education described 4
498	498	in paragraph (1) shall— 5
499	499	‘‘(i) by October 15 of each year, pro-6
500	500	vide the information contained in the re-7
501	501	port required under such paragraph for 8
502	502	such year to the Secretary; and 9
503	503	‘‘(ii) by not later than February 15 of 10
504	504	each year, publish such information on a 11
505	505	public Internet website of the institution in 12
506	506	a searchable format. 13
507	507	‘‘(B) P
508	508	UBLIC AVAILABILITY.—By not later 14
509	509	than February 15 of each year, the Secretary 15
510	510	shall make the reports and information de-16
511	511	scribed in subparagraph (A) for the imme-17
512	512	diately preceding academic year available to the 18
513	513	public, which shall include posting the reports 19
514	514	and information on a public Internet website of 20
515	515	the Department in a searchable format.’’; 21
516	516	(4) by redesignating paragraph (5) as para-22
517	517	graph (6); 23
518	518	(5) by inserting after paragraph (4) the fol-24
519	519	lowing: 25
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523	523	‘‘(5) REPORTS BY THE SECRETARY .— 1
524	524	‘‘(A) I
525	525	N GENERAL.—By not later than 2 2
526	526	years after the date of enactment of the Fair 3
527	527	Play for Women Act, and every 2 years there-4
528	528	after, the Secretary shall prepare and publish a 5
529	529	report on gender equity using the information 6
530	530	submitted under this subsection. 7
531	531	‘‘(B) C
532	532	ONTENTS.—The report required 8
533	533	under subparagraph (A) shall, in the aggregate 9
534	534	for all institutions of higher education described 10
535	535	in paragraph (1) and disaggregated by each in-11
536	536	dividual institution— 12
537	537	‘‘(i) identify participant gaps, if any, 13
538	538	by indicating the number of participants 14
539	539	that need to be added in order for partici-15
540	540	pants of the underrepresented sex at the 16
541	541	institution to match the proportion of en-17
542	542	rolled full-time undergraduate students of 18
543	543	the underrepresented sex at the institution; 19
544	544	‘‘(ii) identify funding gaps, if any, by 20
545	545	showing the percentage differences, com-21
546	546	pared to proportions of enrollment of men 22
547	547	and women at the institution, in expendi-23
548	548	tures for athletically related student aid, 24
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551	551	•S 543 IS
552	552	recruiting, promotion, and publicity in 1
553	553	intercollegiate athletics; and 2
554	554	‘‘(iii) identify any trends evident in 3
555	555	such data that address relevant inequities 4
556	556	in intercollegiate athletics participation and 5
557	557	financial support.’’; and 6
558	558	(6) in paragraph (6), as redesignated by para-7
559	559	graph (4)— 8
560	560	(A) by striking ‘‘D
561	561	EFINITION.—For the 9
562	562	purposes of this subsection, the term’’ and in-10
563	563	serting the following: ‘‘D
564	564	EFINITIONS.—For pur-11
565	565	poses of this subsection: 12
566	566	‘‘(A) O
567	567	PERATING EXPENSES .—The term’’; 13
568	568	and 14
569	569	(B) by adding at the end the following: 15
570	570	‘‘(B) P
571	571	ARTICIPANT.—The term ‘partici-16
572	572	pant’ means an athlete in a sport who— 17
573	573	‘‘(i)(I) is receiving the institutionally 18
574	574	sponsored support normally provided to 19
575	575	athletes competing at the institution in-20
576	576	volved on a regular basis during the sport’s 21
577	577	season; 22
578	578	‘‘(II) is participating in organized 23
579	579	practice sessions and other team meetings 24
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582	582	•S 543 IS
583	583	and activities on a regular basis during the 1
584	584	sport’s season; and 2
585	585	‘‘(III) is listed on the eligibility or 3
586	586	squad list maintained for the sport; or 4
587	587	‘‘(ii) due to injury, does not meet the 5
588	588	requirements of clause (i) but continues to 6
589	589	receive financial aid on the basis of athletic 7
590	590	ability in the sport. 8
591	591	‘‘(C) S
592	592	EASON.—The term ‘season’, when 9
593	593	used with respect to an intercollegiate team 10
594	594	sport, means the period beginning on the date 11
595	595	of a team’s first intercollegiate competitive 12
596	596	event in an academic year and ending on the 13
597	597	date of the team’s final intercollegiate competi-14
598	598	tive event in such academic year.’’. 15
599	599	(b) E
600	600	LEMENTARYSCHOOL ANDSECONDARYSCHOOL 16
601	601	A
602	602	THLETICPROGRAMS.— 17
603	603	(1) I
604	604	N GENERAL.—Subpart 2 of part F of title 18
605	605	VIII of the Elementary and Secondary Education 19
606	606	Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 20
607	607	adding at the end the following: 21
608	608	‘‘SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN 22
609	609	ELEMENTARY AND SECONDARY EDUCATION 23
610	610	ATHLETIC PROGRAMS. 24
611	611	‘‘(a) D
612	612	EFINITIONS.—In this section: 25
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616	616	‘‘(1) PARTICIPANT.—The term ‘participant’ 1
617	617	means an athlete in a sport who participates in the 2
618	618	sport in elementary school, secondary school, or 3
619	619	interscholastic competitive events, organized practice 4
620	620	sessions, and other team meetings and activities on 5
621	621	a regular basis during the sport’s season. 6
622	622	‘‘(2) S
623	623	EASON.—The term ‘season’, when used 7
624	624	with respect to a team sport, means the period be-8
625	625	ginning on the date of a team’s first athletic com-9
626	626	petition in an academic year and ending on the date 10
627	627	of the team’s final interscholastic athletic competi-11
628	628	tion in such academic year. 12
629	629	‘‘(3) S
630	630	TATE ATHLETIC ASSOCIATION .—The 13
631	631	term ‘State athletic association’ has the meaning 14
632	632	given the term in section 4 of the Fair Play for 15
633	633	Women Act. 16
634	634	‘‘(b) I
635	635	NGENERAL.—The Secretary shall collect annu-17
636	636	ally, from each coeducational elementary school and sec-18
637	637	ondary school that receives Federal financial assistance 19
638	638	and has an athletic program, a report that includes the 20
639	639	following information for the immediately preceding aca-21
640	640	demic year: 22
641	641	‘‘(1) The total number of students that at-23
642	642	tended the school, fully disaggregated and cross-tab-24
643	643	ulated by sex and race or ethnicity. 25
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647	647	‘‘(2) A listing of the school’s teams that com-1
648	648	peted in athletic competition and for each such team 2
649	649	the following data: 3
650	650	‘‘(A) The season in which the team com-4
651	651	peted. 5
652	652	‘‘(B) The total number of participants, 6
653	653	fully disaggregated and cross-tabulated by sex 7
654	654	and race or ethnicity and level of competition. 8
655	655	‘‘(C) The total expenditures for the team 9
656	656	from all sources, including school funds and 10
657	657	funds provided by any other entities, such as 11
658	658	booster organizations, including the following 12
659	659	data: 13
660	660	‘‘(i) The travel expenditures. 14
661	661	‘‘(ii) The equipment expenditures (in-15
662	662	cluding any equipment replacement sched-16
663	663	ule). 17
664	664	‘‘(iii) The uniform expenditures (in-18
665	665	cluding any uniform replacement sched-19
666	666	ule). 20
667	667	‘‘(iv) The expenditures for facilities, 21
668	668	including medical facilities, locker rooms, 22
669	669	fields, and gymnasiums. 23
670	670	‘‘(v) The total number of trainers and 24
671	671	medical personnel, and for each trainer or 25
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674	674	•S 543 IS
675	675	medical personnel an identification of such 1
676	676	individual’s— 2
677	677	‘‘(I) sex; and 3
678	678	‘‘(II) employment status (includ-4
679	679	ing whether such individual is as-5
680	680	signed to the team full-time or part- 6
681	681	time, and whether such individual is a 7
682	682	head or assistant trainer or medical 8
683	683	services provider) and duties other 9
684	684	than providing training or medical 10
685	685	services. 11
686	686	‘‘(vi) The expenditures for publicity 12
687	687	for competitions. 13
688	688	‘‘(vii) The total salary expenditures 14
689	689	for coaches, including compensation, bene-15
690	690	fits, and bonuses, the total number of 16
691	691	coaches, and for each coach an identifica-17
692	692	tion of such coach’s— 18
693	693	‘‘(I) sex; and 19
694	694	‘‘(II) employment status (includ-20
695	695	ing whether such coach is assigned to 21
696	696	the team full-time or part-time, and 22
697	697	whether such coach is a head or as-23
698	698	sistant coach) and duties other than 24
699	699	coaching. 25
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703	703	‘‘(D) The total number of competitive 1
704	704	events (in regular and nontraditional seasons) 2
705	705	scheduled, and for each an indication of what 3
706	706	day of the week and time the competitive event 4
707	707	was scheduled. 5
708	708	‘‘(E) Whether such team participated in 6
709	709	postseason competition, and the success of such 7
710	710	team in any postseason competition. 8
711	711	‘‘(c) D
712	712	ISCLOSURE TOSTUDENTS AND PUBLIC.—A 9
713	713	school described in subsection (b) shall— 10
714	714	‘‘(1) by October 15 of each year, make available 11
715	715	to students, potential students, and parents of stu-12
716	716	dents and potential students, upon request, and to 13
717	717	the public, the report and information required of 14
718	718	the school under such subsection for such year; and 15
719	719	‘‘(2) ensure that all students and parents at the 16
720	720	school are informed of their right to request such re-17
721	721	port and information. 18
722	722	‘‘(d) S
723	723	UBMISSION; INFORMATION AVAILABILITY.— 19
724	724	On an annual basis, each school described in subsection 20
725	725	(b) shall provide the report required under such sub-21
726	726	section, and the information contained in such report, to 22
727	727	the Secretary not later than 15 days after the date that 23
728	728	the school makes such report and information available 24
729	729	under subsection (c). 25
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733	733	‘‘(e) DUTIES OF THE SECRETARY.—The Secretary 1
734	734	shall— 2
735	735	‘‘(1) ensure that reports and information sub-3
736	736	mitted under subsection (d) are available on the 4
737	737	same public website, and searchable in the same 5
738	738	manner, as the reports and information made avail-6
739	739	able under section 485(g)(4)(B) of the Higher Edu-7
740	740	cation Act of 1965; and 8
741	741	‘‘(2) not later than 180 days after the date of 9
742	742	enactment of the Fair Play for Women Act— 10
743	743	‘‘(A) notify all elementary schools, sec-11
744	744	ondary schools, and State athletic associations 12
745	745	in all States regarding the availability of the re-13
746	746	ports and information under subsection (c); and 14
747	747	‘‘(B) issue guidance to all such elementary 15
748	748	schools, secondary schools, and State athletic 16
749	749	associations on how to collect and report the in-17
750	750	formation required under this section.’’. 18
751	751	(2) C
752	752	ONFORMING AMENDMENT .—The table of 19
753	753	contents in section 2 of the Elementary and Sec-20
754	754	ondary Education Act of 1965 is amended by insert-21
755	755	ing after the item relating to section 8549C the fol-22
756	756	lowing: 23
757	757	‘‘Sec. 8549D. Disclosure of statistics on equality in elementary and secondary
758	758	education athletic programs.’’.
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762	762	SEC. 7. TRAINING AND INFORMATION FOR ATHLETES AND 1
763	763	EMPLOYEES. 2
764	764	(a) T
765	765	RAINING.— 3
766	766	(1) C
767	767	OVERED LOCAL EDUCATIONAL AGENCY .— 4
768	768	(A) E
769	769	MPLOYEES.—Each covered local edu-5
770	770	cational agency shall ensure that each title IX 6
771	771	coordinator, and each employee who works with 7
772	772	athletics or teaches physical education or 8
773	773	health, for the covered local educational agency 9
774	774	receives, at least once per year, training on the 10
775	775	rights under title IX of the Education Amend-11
776	776	ments of 1972 (20 U.S.C. 1681 et seq.) of stu-12
777	777	dents at elementary schools or secondary 13
778	778	schools, and procedures for submitting com-14
779	779	plaints of violations under title IX of the Edu-15
780	780	cation Amendments of 1972 to the Office for 16
781	781	Civil Rights of the Department of Education. 17
782	782	(B) E
783	783	LEMENTARY AND SECONDARY 18
784	784	SCHOOL ATHLETES .—Each covered local edu-19
785	785	cational agency shall ensure that— 20
786	786	(i) a title IX coordinator for the cov-21
787	787	ered local educational agency provides 22
788	788	training to athletes at elementary schools 23
789	789	or secondary schools served by the covered 24
790	790	local educational agency on the rights of 25
791	791	the athletes under title IX of the Edu-26
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794	794	•S 543 IS
795	795	cation Amendments of 1972, and proce-1
796	796	dures for submitting complaints of viola-2
797	797	tions of that title to the Office for Civil 3
798	798	Rights of the Department of Education; 4
799	799	and 5
800	800	(ii) each such athlete receives that 6
801	801	training at least once per year. 7
802	802	(2) C
803	803	OVERED INSTITUTIONS OF HIGHER EDU -8
804	804	CATION.— 9
805	805	(A) E
806	806	MPLOYEES.—Each covered institu-10
807	807	tion of higher education shall ensure that each 11
808	808	employee of the athletic department of the cov-12
809	809	ered institution of higher education and each 13
810	810	employee of the institution with an employment 14
811	811	function relating to collegiate athletics receives, 15
812	812	at least once per year, training on the rights 16
813	813	under title IX of the Education Amendments of 17
814	814	1972 (20 U.S.C. 1681 et seq.) of students at 18
815	815	covered institutions of higher education, and 19
816	816	procedures for submitting complaints of viola-20
817	817	tions of title IX of the Education Amendments 21
818	818	of 1972 to the Office for Civil Rights of the De-22
819	819	partment of Education. 23
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823	823	(B) POSTSECONDARY SCHOOL ATH -1
824	824	LETES.—Each covered institution of higher 2
825	825	education shall ensure that— 3
826	826	(i) an expert in matters relating to 4
827	827	title IX of the Education Amendments of 5
828	828	1972, who is not an employee described in 6
829	829	subparagraph (A) of the covered institu-7
830	830	tion of higher education, provides training 8
831	831	to athletes at the covered institution of 9
832	832	higher education on the rights of the ath-10
833	833	letes under title IX of the Education 11
834	834	Amendments of 1972 (20 U.S.C. 1681 et 12
835	835	seq.), and procedures for submitting com-13
836	836	plaints of violations of that title to the Of-14
837	837	fice for Civil Rights of the Department of 15
838	838	Education; and 16
839	839	(ii) each such athlete receives that 17
840	840	training at least once per year. 18
841	841	(b) D
842	842	ATABASE.—The Secretary of Education shall 19
843	843	establish and maintain a database of title IX coordinators, 20
844	844	which shall be separate from the civil rights coordinators 21
845	845	data maintained by the Office for Civil Rights of the De-22
846	846	partment of Education. The database shall include, at a 23
847	847	minimum, the name, phone number, and email address for 24
848	848	each title IX coordinator. The Secretary shall make the 25
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851	851	•S 543 IS
852	852	information in the database available to the public with, 1
853	853	and by the same means as, reports made available under 2
854	854	section 485(g)(4)(B) of the Higher Education Act of 1965 3
855	855	(20 U.S.C. 1092(g)(4)(B)). 4
856	856	SEC. 8. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL 5
857	857	PENALTIES. 6
858	858	(a) N
859	859	ONCOMPLIANCE.—The Secretary of Education 7
860	860	shall determine, at the beginning of each year, each cov-8
861	861	ered institution of higher education, covered local edu-9
862	862	cational agency, elementary school, or secondary school 10
863	863	that was found during the prior year to be in noncompli-11
864	864	ance with a requirement of section 7, or of title IX of the 12
865	865	Education Amendments of 1972 (20 U.S.C. 1681 et seq.). 13
866	866	Such administrative proceeding shall be conducted in the 14
867	867	same manner as an administrative proceeding under sec-15
868	868	tion 902 of the Education Amendments of 1972 (20 16
869	869	U.S.C. 1682). 17
870	870	(b) C
871	871	IVILPENALTY.—If the Secretary of Education 18
872	872	determines under subsection (a) that a covered institution 19
873	873	of higher education, covered local educational agency, ele-20
874	874	mentary school, or secondary school was in such non-21
875	875	compliance during the prior year, the Secretary may im-22
876	876	pose a civil penalty on such institution, agency, or school. 23
877	877	(c) F
878	878	URTHERNONCOMPLIANCE.—If the Secretary of 24
879	879	Education determines under subsection (a) that a covered 25
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882	882	•S 543 IS
883	883	institution of higher education, covered local educational 1
884	884	agency, elementary school, or secondary school was in such 2
885	885	noncompliance during 2 or more of the prior 5 years, the 3
886	886	Secretary shall— 4
887	887	(1) require such covered institution, covered 5
888	888	local educational agency, elementary school, or sec-6
889	889	ondary school to submit, not later than 120 days 7
890	890	after receiving notice of the determination, a plan 8
891	891	for coming into compliance with all requirements of 9
892	892	section 7, and of title IX of the Education Amend-10
893	893	ments of 1972 (20 U.S.C. 1681 et seq.); and 11
894	894	(2) make the report publicly available. 12
895	895	SEC. 9. RULE OF CONSTRUCTION. 13
896	896	Nothing in this Act shall be construed to imply that 14
897	897	intercollegiate athletic associations, State athletic associa-15
898	898	tions, covered institutions of higher education, or covered 16
899	899	local educational agencies— 17
900	900	(1) are not covered by title IX of the Education 18
901	901	Amendments of 1972 (20 U.S.C. 1681 et seq.); or 19
902	902	(2) were not covered by that title on the day be-20
903	903	fore the date of enactment of this Act. 21
904	904	Æ
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