H. R. 4363

1. Short title
2. Elementary and secondary schools
3. Institutions of higher education

1. Short title

This Act may be cited as the "Defend Girls Athletics Act".

2. Elementary and secondary schools

Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by inserting after section 8524 the following:

8524A. Requirements relating to biological fairness in women’s sports

(a) In general - As a condition of receiving funds under this Act, a local educational agency shall ensure that each school under the jurisdiction of such agency complies with the requirements of Executive Order 14201 (90 Fed. Reg 9279; relating to keeping men out of women’s sports), as in effect on the date of enactment of this section.

(b) Certification - On an annual basis not later than August 15 of each year, each local educational agency subject to the requirements of this section shall certify in writing to the relevant State educational agency that the local educational agency is in compliance with such requirements and will remain in compliance with such requirements until August 15 of the following year. The State educational agency shall report to the Secretary by September 15 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.

(c) Enforcement - If the Secretary determines that a local educational agency has violated the requirements of this section or if a State educational agency does not submit the report required under subsection (b) by the deadline indicated in such subsection—

(1) - the Secretary shall direct the State or local educational agency (as the case may be) to return to the Secretary any funds received under this Act (whether directly or through a subgrant from another entity) that are unobligated as of the date of such determination; and

(2) - such agency shall be ineligible to receive funds under this Act until the agency complies with such requirements or submits such report, as determined by the Secretary.

3. Institutions of higher education

(a) In general - Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

124. Requirements relating to biological fairness in women’s sports

(a) In general - Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary, not later than July 1 of each year, that the institution is in compliance and will remain in compliance with the requirements of Executive Order 14201 (90 Fed. Reg 9279; relating to keeping men out of women’s sports), as in effect on the date of enactment of this section.

(b) Enforcement - If the Secretary determines that an institution of higher education has violated the requirements of subsection (a)—

(1) - the Secretary shall direct the institution to return to the Secretary any funds received under this Act that are unobligated as of the date of such determination; and

(2) - such institution shall be ineligible to receive funds or otherwise participate in programs under this Act until the institution complies with such requirements, as determined by the Secretary.

(b) Program participation agreements - Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:

(30) - The institution will comply with the requirements of section 124 relating to biological fairness in women’s sports.

119-HR4363

Defend Girls Athletics Act