[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9615 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9615
To prohibit certain discrimination against athletes on the basis of sex
by intercollegiate athletic associations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2022
Ms. Adams (for herself, Mrs. Trahan, and Ms. Bonamici) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To prohibit certain discrimination against athletes on the basis of sex
by intercollegiate athletic associations, 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) 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 interscholastic
athletics. At the high school level, athletic participation
opportunities have increased from nearly 300,000 in 1972 to
more than 3,400,000 in 2019. At the collegiate level,
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. At the high school level, 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. At the
collegiate level, 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.
(4) Girls of color are often most impacted by inequitable
opportunities. 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) The magnitude of current gaps in intercollegiate
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
male counterparts, counting male practice players on women's
teams as women athletes, and packing women's teams with extra
players who never end up competing.
(6) Women and girls in sports also face unequal 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, as women receive
$240,000,000 less than men in athletic-based scholarships
annually. For every dollar colleges spend on recruiting,
travel, and equipment for men's sports, they spend 58 cents, 62
cents, and 73 cents, respectively, for women's sports.
(7) Amid ongoing inequitable treatment, athletes and
athletics-related staff too often are unaware of the rights and
obligations that are described in or come from 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 the majority of high
school athletic administrators were unaware of who their title
IX coordinator was or felt unsupported by their title IX
coordinator. In collegiate sports, the majority of 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 inequitable and discriminatory treatment of
women and girls in sports in elementary and secondary schools,
as well as institutions of higher education; and
(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.
SEC. 4. DISCRIMINATION BY INTERCOLLEGIATE ATHLETIC ASSOCIATIONS.
(a) In General.--No intercollegiate athletic association shall, on
the basis of sex, subject any athlete to discrimination with respect to
intercollegiate athletics, including discrimination through--
(1) the rules it sets for intercollegiate athletics;
(2) the sports required for association membership or the
sports sponsored for association competitions or supported with
association championships;
(3) the location, facilities, or amenities provided for
association competitions or championships;
(4) the provision or arrangement for the provision of goods
or services (including benefits) for association competitions
or championships; or
(5) the distribution of revenues or other benefits to
association members or institutions under the authority of the
association.
(b) Private Right of Action.--A covered institution of higher
education that is a member of or under the authority of an
intercollegiate athletic association, or an individual who applies to
participate, participates, or previously participated in
intercollegiate athletics, at a covered institution of higher education
that is a member of or under the authority of an intercollegiate
athletic association, may bring an action in any Federal or State court
of competent jurisdiction against the intercollegiate athletic
association to remedy a violation of this section. The court may award
such legal or equitable relief as may be appropriate for such a
violation. The legal relief may include compensatory damages for
emotional distress, humiliation, or pain and suffering.
(c) Training.--Each intercollegiate athletic association shall
ensure that each employee of the 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.
(d) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an entity
described in section 908(2)(A) of the Education Amendments of
1972 (20 U.S.C. 1687(2)(A)).
(2) 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.
SEC. 5. EXPANDING EQUITY IN 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 subparagraph (B), by striking clause (i) and
inserting the following:
``(i) The total number of participants, by
team.'';
(B) 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 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.'';
(C) in subparagraph (E), by inserting ``and
disaggregated by each men's sport and each women's
sport'' before the period at the end;
(D) 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'';
(E) 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
``assistant coaches of men's teams'';
(F) 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), by striking ``, and
advertising, but revenues'' and all that
follows through the period at the end and
inserting ``, advertising, and, to the extent
practicable, student activities fees and alumni
contributions.'';
(G) by striking clause (i) of subparagraph (J) and
inserting the following: ``(i) The expenses made by the
institution for the institution's intercollegiate
athletics activities, in the aggregate and
disaggregated by each men's sport and each women's
sport, including--
``(I) total expenses; and
``(II) each category of expenses as
described in clause (ii).''; and
(H) by adding at the end the following:
``(K) The numbers of participants who participate
in 1, 2, or 3 intercollegiate sports at the
institution, in the aggregate and disaggregated by each
men's sport and each women's sport.
``(L) The total number of male players that
practice on women's teams, in the aggregate and
disaggregated by each women's sport.
``(M) Information regarding race and ethnicity for
athletes and coaches (including assistant coaches), in
the aggregate and disaggregated by each men's sport and
each women's sport.
``(N) A certification that the institution has
verified the information submitted in the report under
this paragraph.
``(O) With respect to the sports participation
opportunities requirements under title IX of the
Education Amendments of 1972--
``(i) a certification that the institution
complies with such requirements by showing--
``(I) substantial proportionality;
``(II) a history and continuing
practice of expanding sports
participation opportunities; or
``(III) full and effective
accommodation of athletics interests;
and
``(ii) an identification of the method of
compliance described in subclauses (I) through
(III) of clause (i) that the institution
uses.'';
(2) in paragraph (2), by striking ``For the purposes of
paragraph (1)(G)'' and inserting ``For the purposes of
subparagraphs (G) and (H) of paragraph (1)'';
(3) by striking paragraph (4) and inserting the following:
``(4) Submission; report; information availability.--
``(A) Institutional requirements.--Each institution
of higher education described in paragraph (1) shall--
``(i) by October 15 of each year, provide
the information contained in the report
required under such paragraph for such year to
the Secretary; and
``(ii) by not later than February 15 of
each year, publish such information on a public
Internet website of the institution in a
searchable format.
``(B) Public availability.--By not later than
February 15 of each year, the Secretary shall make the
reports and information described in subparagraph (A)
for the immediately preceding academic year available
to the public, which shall include posting the reports
and information on a public Internet website of the
Department in a searchable format.'';
(4) by redesignating paragraph (5) as paragraph (6);
(5) by inserting after paragraph (4) the following:
``(5) Reports by the secretary.--
``(A) In general.--By not later than 2 years after
the date of enactment of the Fair Play for Women Act,
and every 2 years thereafter, the Secretary shall
prepare and publish a report on gender equity using the
information submitted under this subsection.
``(B) Contents.--The report required under
subparagraph (A) shall, in the aggregate for all
institutions of higher education described in paragraph
(1) and disaggregated by each individual institution--
``(i) identify participant gaps, if any, by
indicating the number of participants that need
to be added in order for participants of the
underrepresented sex at the institution to
match the proportion of enrolled full-time
undergraduate students of the underrepresented
sex at the institution;
``(ii) identify funding gaps, if any, by
showing the percentage differences, compared to
proportions of male and female enrollment at
the institution, in expenditures for
athletically related student aid, recruiting,
promotion, and publicity in intercollegiate
athletics; and
``(iii) identify any trends evident in such
data that address relevant inequities in
intercollegiate athletics participation and
financial support.''; and
(6) in paragraph (6), as redesignated by paragraph (4)--
(A) by striking ``Definition.--For the purposes of
this subsection, the term'' and inserting the
following: ``Definitions.--For purposes of this
subsection:
``(A) Operating expenses.--The term''; and
(B) by adding at the end the following:
``(B) Participant.--The term `participant' means an
athlete in a sport who--
``(i)(I) is receiving the institutionally
sponsored support normally provided to athletes
competing at the institution involved on a
regular basis during the sport's season;
``(II) is participating in organized
practice sessions and other team meetings and
activities on a regular basis during the
sport's season; and
``(III) is listed on the eligibility or
squad list maintained for the sport; or
``(ii) due to injury, does not meet the
requirements of clause (i) but continues to
receive financial aid on the basis of athletic
ability in the sport.
``(C) Season.--The term `season', when used with
respect to a team sport, means the period beginning on
the date of a team's first intercollegiate competitive
event in an academic year and ending on the date of the
team's final intercollegiate competitive event in such
academic year.''.
(b) Elementary School and Secondary School Athletic Programs.--
(1) In general.--Subpart 2 of part F of title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901
et seq.) is amended by adding at the end the following:
``SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN ELEMENTARY AND
SECONDARY EDUCATION ATHLETIC PROGRAMS.
``(a) Definition of Participant.--
``(1) In general.--In this section, the term `participant'
means an athlete in a sport who participates in the sport in
interscholastic competitive events, organized practice
sessions, and other team meetings and activities on a regular
basis during the sport's season.
``(2) Definition of season.--For purposes of paragraph (1),
the term `season', when used with respect to a team sport,
means the period beginning on the date of a team's first
interscholastic athletic competition in an academic year and
ending on the date of the team's final interscholastic athletic
competition in such academic year.
``(b) In General.--The Secretary shall collect annually, from each
coeducational elementary school and secondary school that receives
Federal financial assistance and has an interscholastic athletic
program, a report that includes the following information for the
immediately preceding academic year:
``(1) The total number of male and female students that
attended the school, fully disaggregated and cross-tabulated by
sex and race or ethnicity.
``(2) A listing of the school's teams that competed in
athletic competition and for each such team the following data:
``(A) The season in which the team competed.
``(B) The total number of male and female
participants, fully disaggregated and cross-tabulated
by sex and race or ethnicity and level of competition.
``(C) The total expenditures for the team from all
sources, including school funds and funds provided by
any other entities, such as booster organizations,
including the following data:
``(i) The travel expenditures.
``(ii) The equipment expenditures
(including any equipment replacement schedule).
``(iii) The uniform expenditures (including
any uniform replacement schedule).
``(iv) The expenditures for facilities,
including medical facilities, locker rooms,
fields, and gymnasiums.
``(v) The total number of trainers and
medical personnel, and for each trainer or
medical personnel an identification of such
individual's--
``(I) sex; and
``(II) employment status (including
whether such individual is assigned to
the team full-time or part-time, and
whether such individual is a head or
assistant trainer or medical services
provider) and duties other than
providing training or medical services.
``(vi) The expenditures for publicity for
competitions.
``(vii) The total salary expenditures for
coaches, including compensation, benefits, and
bonuses, the total number of coaches, and for
each coach an identification of such coach's--
``(I) sex; and
``(II) employment status (including
whether such coach is assigned to the
team full-time or part-time, and
whether such coach is a head or
assistant coach) and duties other than
coaching.
``(D) The total number of competitive events (in
regular and nontraditional seasons) scheduled, and for
each an indication of what day of the week and time the
competitive event was scheduled.
``(E) Whether such team participated in postseason
competition, and the success of such team in any
postseason competition.
``(c) Disclosure to Students and Public.--A school described in
subsection (b) shall--
``(1) by October 15 of each year, make available to
students, potential students, and parents of students and
potential students, upon request, and to the public, the report
and information required of the school under such subsection
for such year; and
``(2) ensure that all students and parents at the school
are informed of their right to request such report and
information.
``(d) Submission; Information Availability.--On an annual basis,
each school described in subsection (b) shall provide the report
required under such subsection, and the information contained in such
report, to the Secretary not later than 15 days after the date that the
school makes such report and information available under subsection
(c).
``(e) Duties of the Secretary.--The Secretary shall--
``(1) ensure that reports and information submitted under
subsection (d) are available on the same public website, and
searchable in the same manner, as the reports and information
made available under section 485(g)(4)(B) of the Higher
Education Act of 1965; and
``(2) not later than 180 days after the date of enactment
of the Fair Play for Women Act--
``(A) notify all elementary schools and secondary
schools in all States regarding the availability of the
reports and information under subsection (c); and
``(B) issue guidance to all such schools on how to
collect and report the information required under this
section.''.
(2) Conforming amendment.--The table of contents in section
2 of the Elementary and Secondary Education Act of 1965 is
amended by inserting after the item relating to section 8549C
the following:
``Sec. 8549D. Disclosure of statistics on equality in elementary and
secondary education athletic programs.''.
SEC. 6. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL PENALTIES.
Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is
amended--
(1) by inserting ``(a)'' before ``Each Federal''; and
(2) by adding at the end the following:
``(b)(1) The Secretary of Education shall determine, at the
beginning of each year, each covered institution of higher education
that was found during the prior year to be in noncompliance with a
requirement of this title as part of an administrative proceeding under
subsection (a).
``(2) If the Secretary determines under paragraph (1) that a
covered institution of higher education was in such noncompliance
during the prior year, the Secretary may impose a civil penalty on the
institution.
``(3) If the Secretary determines under paragraph (1) that a
covered institution of higher education was in such noncompliance
during 2 or more of the prior 5 years, the Secretary shall--
``(A) require the institution to submit, not later than 120
days after receiving notice of the determination, a plan for
coming into compliance with all requirements of this title; and
``(B) make the report publicly available.''.
SEC. 7. PRIVATE RIGHT OF ACTION.
Section 903 of the Education Amendments of 1972 (20 U.S.C. 1683) is
amended--
(1) by inserting ``(a)'' before ``Any department''; and
(2) by adding at the end the following:
``(b) Right of Action.--An individual who applies to participate,
participates, or previously participated in an education program or
activity covered under this title, offered by a covered institution of
higher education, may bring an action in any Federal or State court of
competent jurisdiction against the institution, alleging a violation of
this title. The court may award such legal or equitable relief as may
be appropriate for such a violation. The legal relief may include
compensatory damages for emotional distress, humiliation, or pain and
suffering.''.
SEC. 8. TRAINING AND INFORMATION FOR ATHLETES.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) is amended--
(1) by repealing section 906;
(2) by redesignating section 905 (20 U.S.C. 1685) as
section 906; and
(3) by inserting after section 904 the following:
``SEC. 905. TRAINING AND INFORMATION.
``(a) Training.--
``(1) Covered school systems.--
``(A) Employees.--Each covered school system shall
ensure that each title IX coordinator, and that each
employee who works with athletics or teaches physical
education or health, for the school system receives, at
least once per year, training on the rights under this
title of students at elementary schools or secondary
schools, and procedures for submitting complaints of
violations of this title to the Office for Civil Rights
of the Department of Education.
``(B) Elementary and secondary school athletes.--
Each covered school system shall ensure that--
``(i) a title IX coordinator for the system
provides training to athletes at elementary
schools or secondary schools in the system on
the rights of the athletes under this title,
and procedures for submitting complaints of
violations of this title to the Office for
Civil Rights of the Department of Education;
and
``(ii) each such athlete receives that
training at least once per year.
``(C) Definitions.--In this paragraph, the terms
`elementary school' and `secondary school' have the
meanings given the terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(2) Covered institutions of higher education.--
``(A) Employees.--Each covered institution of
higher education shall ensure that each employee of the
athletic department of the institution receives, at
least once per year, training on the rights under this
title of students at covered institutions of higher
education, and procedures for submitting complaints of
violations of this title to the Office for Civil Rights
of the Department of Education.
``(B) Postsecondary school athletes.--Each covered
institution of higher education shall ensure that--
``(i) an expert in matters relating to this
title, who is not an employee of the
institution's athletic department, provides
training to athletes at the institution on the
rights of the athletes under this title, and
procedures for submitting complaints of
violations of this title to the Office for
Civil Rights of the Department of Education;
and
``(ii) each such athlete receives that
training at least once per year.
``(b) Database.--The Secretary of Education shall establish and
maintain a database of title IX coordinators, which shall be separate
from the civil rights coordinators data maintained by the Office for
Civil Rights of the Department of Education. The database shall
include, at a minimum, the name, phone number, and email address for
each title IX coordinator. The Secretary shall make the information in
the database available to the public with, and by the same means as,
reports made available under section 485(g)(4)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1092(g)(4)(B)).''.
SEC. 9. OTHER DEFINITIONS.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) is amended--
(1) by redesignating section 909 as section 907A and moving
that section 907A so as to follow section 907; and
(2) by adding at the end the following:
``SEC. 909. OTHER DEFINITIONS.
``In this title:
``(1) Covered institution of higher education.--The term
`covered institution of higher education' means an entity
described in section 908(2)(A).
``(2) Covered school system.--The term `covered school
system' means an entity described in section 908(2)(B).
``(3) 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
system's responsibilities under, this title.''.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to imply that
intercollegiate athletic associations (as defined in section 2)--
(1) are not covered by title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.); or
(2) were not covered by that title on the day before the
date of enactment of this Act.
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