[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4363
To require elementary schools, secondary schools, and institutions of
higher education to ensure biological fairness in women's sports as a
condition of receiving Federal funds, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2025
Mr. Barr (for himself, Mrs. McClain, Mr. Guthrie, Ms. Tenney, Mrs.
Luna, Mr. Nehls, Mrs. Bice, Mr. Donalds, Ms. Mace, Mr. Weber of Texas,
Mr. Ellzey, Mrs. Hinson, Mr. Zinke, Mr. Moore of North Carolina, Mr.
Norman, Mr. Bean of Florida, Mr. Shreve, Mr. Gill of Texas, Mr.
Moolenaar, Mr. Webster of Florida, Mr. Smith of New Jersey, Mr.
Barrett, Mr. Higgins of Louisiana, Mr. Sessions, Mr. Collins, Mrs.
Biggs of South Carolina, Mr. Biggs of Arizona, Mr. Loudermilk, Mr.
Stauber, Mr. Williams of Texas, Mrs. Harshbarger, Mr. Carter of
Georgia, Mr. Hunt, Mr. Yakym, Mr. McGuire, Mrs. Houchin, Mr. Buchanan,
Mr. Stutzman, Mr. Crenshaw, Mr. Messmer, Mr. LaLota, Mr. Moore of
Alabama, Mr. Haridopolos, Mr. James, Mr. Clyde, Mr. Rose, Mr. Guest,
Mr. Finstad, Mr. Patronis, Mr. Jackson of Texas, and Mr. McDowell)
introduced the following bill; which was referred to the Committee on
Education and Workforce
_______________________________________________________________________
A BILL
To require elementary schools, secondary schools, and institutions of
higher education to ensure biological fairness in women's sports as a
condition of receiving Federal funds, 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 ``Defend Girls Athletics Act''.
SEC. 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:
``SEC. 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.''.
SEC. 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:
``SEC. 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.''.
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