[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 543 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 543
To prohibit certain discrimination against athletes on the basis of sex
by State athletic associations, intercollegiate athletic associations,
and covered institutions of higher education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2025
Mr. Murphy (for himself, Mr. Blumenthal, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit certain discrimination against athletes on the basis of sex
by State athletic associations, intercollegiate athletic associations,
and covered institutions of higher education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Play for Women Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 50 years ago, Congress passed title IX of the
Education Amendments of 1972 (referred to in this section as
``title IX''), helping to transform participation in and
support for women's sports by barring discrimination on the
basis of sex in all schools that receive Federal funding,
including in their athletic programs.
(2) Since the passage of title IX, millions more women and
girls have had the opportunity to compete in school-based
athletics. In high school athletics, athletic participation
opportunities have increased from nearly 300,000 in 1972 to
more than 3,400,000 in 2019. In intercollegiate athletics,
opportunities have increased from nearly 30,000 in 1972 to
215,000 in 2020 on teams sponsored by institutions who are
members of the National Collegiate Athletic Association
(referred to in this section as the ``NCAA'').
(3) Despite progress, women and girls still face unequal
opportunities and unfair treatment in school-based athletics.
In high school athletics, girls have over 1,000,000 fewer
athletic opportunities than boys, with schools providing girls
with 43 percent of all athletic opportunities while girls
represent nearly half of all students. In intercollegiate
athletics, colleges would need to provide women with an
additional 148,000 sports opportunities to match the same ratio
of sports opportunities per student as is offered to men.
Overall, girls still do not have the participation
opportunities provided to boys before the enactment of title
IX, over 50 years ago.
(4) Girls of color are often most impacted by unequal
resources and unfair treatment. At high schools predominantly
attended by white students, girls have 82 percent of the
opportunities that boys have to play sports, while at high
schools predominantly attended by students of color, girls have
only 67 percent of the opportunities that boys have to play
sports.
(5) As part of title IX athletics requirements, schools can
show they are compliant by providing athletic participation
opportunities for men and women that are substantially
proportionate to their respective enrollment rates. Yet, a
Government Accountability Office report from 2024 found that 93
percent of all colleges had athletic participation rates for
women that were lower than their enrollment rate at the
colleges. At 63 percent of colleges, women's athletic
participation rates were at least 10 percentage points lower
than their enrollment rates. Overall, the athletic
participation rate for collegiate women was 14 percent less
than their enrollment rate. Despite widespread noncompliance
with title IX athletics requirements, no college has ever had
Federal funding rescinded nor been sued by the Federal
government for noncompliance.
(6) The magnitude of current gaps in intercollegiate
athletics participation opportunities is likely undercounted,
as investigations of intercollegiate athletics data have found
that the majority of NCAA member institutions inflate the
number of women participating in sports by double- and triple-
counting women athletes who participate in more than one sport
more often than the institutions double- and triple-count their
counterparts who are men, counting men who are practice players
on women's teams as women athletes, and packing women's teams
with extra players who never end up competing.
(7) Women and girls in sports also face unfair treatment.
They are frequently provided worse facilities, equipment, and
uniforms than men and boys, and they receive less financial
support and publicity from their schools. In the 2019-2020
academic year, women received $252,000,000 less than men in
athletic-based scholarships, and for every dollar colleges
spent on recruiting, travel, and equipment for men's sports,
they spent 58 cents, 62 cents, and 73 cents, respectively, for
women's sports.
(8) Amid ongoing unfair treatment, athletes and athletics-
related staff too often are unaware of the rights and
obligations provided by title IX. In surveys of children and
their parents, the majority report not knowing what title IX
is. A study conducted by the Government Accountability Office
in 2017 found that most high school athletic administrators
were unaware of who their title IX coordinator was or felt
unsupported by their title IX coordinator. In intercollegiate
athletics, most coaches report that they never received formal
training about title IX as part of the preparation for their
jobs.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) address unfair and discriminatory treatment of women
and girls in sports in elementary and secondary schools, as
well as institutions of higher education;
(2) improve the collection and transparency of data
pertaining to participation in and support for women's and
girls' sports at schools receiving Federal financial
assistance;
(3) ensure all students participating in athletics, as well
as those who work in school-sponsored athletics, are aware of
and understand the nondiscrimination rights of students related
to their athletic opportunities; and
(4) ensure all students have equal access to high-quality
and supportive athletic opportunities.
SEC. 4. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``elementary school'' and
``secondary school'' have the meanings given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Collegiate.--The term ``collegiate'', used with respect
to athletics, means intramural and club-level athletics or
other athletics, in which all participants attend the same
covered institution of higher education.
(3) Covered institution of higher education.--The term
``covered institution of higher education'' means an entity
that is described in section 908(2)(A) of the Education
Amendments of 1972 (20 U.S.C. 1687(2)(A)) and covered by
section 908 of those Amendments (20 U.S.C. 1687).
(4) Covered local educational agency.--The term ``covered
local educational agency'' means such an agency that is
described in section 908(2)(B) of the Education Amendments of
1972 (20 U.S.C. 1687(2)(B)) and covered by section 908 of those
Amendments.
(5) Intercollegiate athletic association.--The term
``intercollegiate athletic association'' means any conference,
association, or other group or organization, established by or
comprised of 2 or more covered institutions of higher
education, that--
(A) governs competitions among, or otherwise
exercises authority over intercollegiate athletics at,
such institutions of higher education who are members
of or under the authority of the intercollegiate
athletic association; and
(B) is engaged in commerce or an industry or
activity affecting commerce.
(6) State athletic association.--The term ``State athletic
association'' means any association, organization, or other
group, established by or comprised of 2 or more elementary
schools or secondary schools that receive Federal funding, that
governs competition among or otherwise exercises authority over
elementary school, secondary school, or interscholastic
athletics, at such federally funded elementary schools or
secondary schools.
(7) Title ix coordinator.--The term ``title IX
coordinator'' means the individual who coordinates the efforts
of a covered school system to comply with and carry out the
responsibilities of the covered local educational agency under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.).
SEC. 5. DISCRIMINATION BY STATE AND INTERCOLLEGIATE ATHLETIC
ASSOCIATIONS, LOCAL EDUCATIONAL AGENCIES, AND COVERED
INSTITUTIONS OF HIGHER EDUCATION.
(a) Elementary or Secondary School.--No State athletic association
or covered local educational agency shall, on the basis of sex, subject
any athlete to discrimination with respect to elementary school,
secondary school, or interscholastic athletics, including
discrimination through--
(1) the rules it sets for elementary school, secondary
school, or interscholastic athletics;
(2) the sports--
(A) required for membership in a State athletic
association;
(B) competitions sponsored by the State athletic
association or covered local educational agency,
respectively; or
(C) championships sponsored by that association or
agency; or
(3) the location, facilities, or amenities provided for
competitions or championships sponsored by that association or
agency.
(b) Higher Education.--
(1) In general.--No intercollegiate athletic association or
covered institution of higher education shall, on the basis of
sex, subject any athlete to discrimination with respect to
intercollegiate or (subject to paragraph (2)) collegiate
athletics, including discrimination through--
(A) the rules it sets for intercollegiate athletics
or collegiate athletics;
(B) the sports--
(i) required for membership in an
intercollegiate athletic association, or
required for participation in collegiate
athletics at a covered institution of higher
education;
(ii) competitions sponsored by the
intercollegiate athletic association, or
collegiate athletic competitions sponsored by
the covered institution of higher education; or
(iii) championships sponsored by the
intercollegiate athletic association, or
collegiate athletic championships sponsored by
the covered institution of higher education;
(C) the location, facilities, or amenities provided
for competitions or championships sponsored by the
intercollegiate athletic association, or for collegiate
athletic competitions or championships sponsored by the
institution;
(D) the provision or arrangement for the provision
of goods or services (including benefits) for
competitions or championships sponsored by the
intercollegiate athletic association, or for collegiate
athletic competitions or championships sponsored by
such an institution; or
(E) the distribution of revenues or other benefits
to members of or such institutions under the authority
of the intercollegiate athletic association, or to
teams, clubs, or other entities participating in
collegiate athletics at the institution.
(2) Limitation.--Only a covered institution of higher
education may be considered to have committed a violation of
paragraph (1) with respect to collegiate athletics.
(c) Private Right of Action.--
(1) In general.--An individual who seeks to participate,
participates, or previously participated in athletics covered
under subsection (a) or (b), offered under the authority of an
intercollegiate athletic association or State athletic
association, or by a covered institution of higher education or
covered local educational agency, may bring an action in any
Federal or State court of competent jurisdiction against the
athletic association, institution, or agency involved, alleging
a violation of this section.
(2) Relief.--The court may award all legal or equitable
relief that may be appropriate for such a violation. The legal
relief may include compensatory damages for all injuries,
including financial injuries, unequal treatment, emotional
distress, humiliation, and pain and suffering, as well as
punitive damages, attorney's fees, and expert fees.
(d) Training.--
(1) Associations.--Each State athletic association or
intercollegiate athletic association shall ensure that each
employee of the State athletic association or intercollegiate
athletic association receives, at least once per year, training
on the provisions of this section, including the rights
delineated under this section and the procedures for bringing
actions under this section.
(2) Covered institutions of higher education.--Each covered
institution of higher education shall ensure that each employee
of the institution with an employment function relating to
collegiate athletics receives, at least once per year, such
training.
(3) Covered local educational agency.--Each covered local
educational agency shall ensure that each employee of the local
educational agency with an employment function relating to
athletics receives, at least once per year, such training.
SEC. 6. EXPANDING ATHLETICS DISCLOSURE REQUIREMENTS.
(a) Institutions of Higher Education.--Section 485(g) of the Higher
Education Act of 1965 (20 U.S.C. 1092(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``collegiate (including
intramural and club-level) or'' before
``intercollegiate athletic program''; and
(ii) by inserting ``collegiate and'' before
``intercollegiate athletics'';
(B) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) The total number of participants, by
team.'';
(C) in subparagraph (C)--
(i) by striking ``The total amount'' and
inserting the following: ``(i) The total
amount''; and
(ii) by adding at the end the following:
``(ii) For each men's and women's intercollegiate
sport--
``(I) the total amount of athletically
related student aid;
``(II) the total number of athletically
related scholarships, and the average amount of
such scholarships;
``(III) the total number of athletically
related scholarships that fund the full cost of
tuition at the institution;
``(IV) the total number of athletically
related scholarships that fund the full cost of
attendance for the athlete;
``(V) the total number of athletically
related scholarships awarded for a period equal
to or less than one year; and
``(VI) the total number of athletically
related scholarships awarded for a period equal
to or greater than 4 academic years.'';
(D) in subparagraph (E), by inserting ``and
disaggregated by each men's sport and each women's
sport'' before the period at the end;
(E) in subparagraph (G), by inserting ``(which, for
purposes of this subparagraph, includes compensation,
bonuses, benefits, and buyouts paid to coaches and
reportable by the institution or related entities,
including booster clubs and foundations)'' before ``of
the head coaches of men's teams'';
(F) in subparagraph (H), by inserting ``(which, for
purposes of this subparagraph, includes compensation,
bonuses, benefits, and buyouts paid to coaches and
reportable by the institution or related entities,
including booster clubs and foundations)'' before ``of
the assistant coaches of men's teams'';
(G) in subparagraph (I)--
(i) by striking clause (i) and inserting
the following: ``(i) The revenues from the
institution's intercollegiate athletics
activities, in the aggregate and disaggregated
by each men's sport and each women's sport,
including--
``(I) total revenues; and
``(II) each category of revenues described
in clause (ii).''; and
(ii) in clause (ii)--
(I) by inserti