119-hr4363

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Introduced in House

    (IH) ]

<DOC>

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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