[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1183
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 HOUSE OF REPRESENTATIVES
February 11, 2025
Ms. Adams (for herself, Ms. Bonamici, Mrs. Trahan, Mr. Davis of
Illinois, Ms. Velazquez, Ms. Sanchez, Mr. Larsen of Washington, Ms.
Norton, Mr. Johnson of Georgia, Ms. Waters, Ms. Kamlager-Dove, Mr.
Thanedar, Mr. Green of Texas, Ms. Clarke of New York, Ms. Castor of
Florida, Ms. Salinas, Mr. Grijalva, Ms. Randall, Mrs. Sykes, Mr.
Carson, Ms. Sherrill, Ms. Tlaib, and Ms. Tokuda) introduced the
following bill; which was referred to the Committee on Education and
Workforce
_______________________________________________________________________
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 inserting ``collegiate and''
before ``intercollegiate''; and
(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.'';
(H) 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
(I) 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 men that practice on
women's intercollegiate 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) The number of male students, and the number
of female students, participating in collegiate
(including intramural and club) sports at the
institution.
``(O) A certification that the institution has
verified the information submitted in the report under
this paragraph.
``(P) 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 enrollment of men and women 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 an intercollegiate 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) Definitions.--In this section:
``(1) Participant.--The term `participant' means an athlete
in a sport who participates in the sport in elementary school,
secondary school, or interscholastic competitive events,
organized practice sessions, and other team meetings and
activities on a regular basis during the sport's season.
``(2) Season.--The term `season', when used with respect to
a team sport, means the period beginning on the date of a
team's first athletic competition in an academic year and
ending on the date of the team's final interscholastic athletic
competition in such academic year.
``(3) State athletic association.--The term `State athletic
association' has the meaning given the term in section 4 of the
Fair Play for Women Act.
``(b) In General.--The Secretary shall collect annually, from each
coeducational elementary school and secondary school that receives
Federal financial assistance and has an athletic program, a report that
includes the following information for the immediately preceding
academic year:
``(1) The total number of 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 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, secondary
schools, and State athletic associations in all States
regarding the availability of the reports and
information under subsection (c); and
``(B) issue guidance to all such elementary
schools, secondary schools, and State athletic
associations 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. 7. TRAINING AND INFORMATION FOR ATHLETES AND EMPLOYEES.
(a) Training.--
(1) Covered local educational agency.--
(A) Employees.--Each covered local educational
agency shall ensure that each title IX coordinator, and
each employee who works with athletics or teaches
physical education or health, for the covered local
educational agency receives, at least once per year,
training on the rights under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) of students
at elementary schools or secondary schools, and
procedures for submitting complaints of violations
under title IX of the Education Amendments of 1972 to
the Office for Civil Rights of the Department of
Education.
(B) Elementary and secondary school athletes.--Each
covered local educational agency shall ensure that--
(i) a title IX coordinator for the covered
local educational agency provides training to
athletes at elementary schools or secondary
schools served by the covered local educational
agency on the rights of the athletes under
title IX of the Education Amendments of 1972,
and procedures for submitting complaints of
violations of that 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.
(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 covered institution of
higher education and each employee of the institution
with an employment function relating to collegiate
athletics receives, at least once per year, training on
the rights under title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.) of students at covered
institutions of higher education, and procedures for
submitting complaints of violations of title IX of the
Education Amendments of 1972 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 title
IX of the Education Amendments of 1972, who is
not an employee described in subparagraph (A)
of the covered institution of higher education,
provides training to athletes at the covered
institution of higher education on the rights
of the athletes under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.),
and procedures for submitting complaints of
violations of that 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. 8. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL PENALTIES.
(a) Noncompliance.--The Secretary of Education shall determine, at
the beginning of each year, each covered institution of higher
education, covered local educational agency, elementary school, or
secondary school that was found during the prior year to be in
noncompliance with a requirement of section 7, or of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.). Such
administrative proceeding shall be conducted in the same manner as an
administrative proceeding under section 902 of the Education Amendments
of 1972 (20 U.S.C. 1682).
(b) Civil Penalty.--If the Secretary of Education determines under
subsection (a) that a covered institution of higher education, covered
local educational agency, elementary school, or secondary school was in
such noncompliance during the prior year, the Secretary may impose a
civil penalty on such institution, agency, or school.
(c) Further Noncompliance.--If the Secretary of Education
determines under subsection (a) that a covered institution of higher
education, covered local educational agency, elementary school, or
secondary school was in such noncompliance during 2 or more of the
prior 5 years, the Secretary shall--
(1) require such covered institution, covered local
educational agency, elementary school, or secondary school to
submit, not later than 120 days after receiving notice of the
determination, a plan for coming into compliance with all
requirements of section 7, and of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.); and
(2) make the report publicly available.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to imply that
intercollegiate athletic associations, State athletic associations,
covered institutions of higher education, or covered local educational
agencies--
(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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