II 

117TH CONGRESS 

2D SESSION S. 5307 

To prohibit certain discrimination against athletes on the basis of sex by 

intercollegiate athletic associations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2022 

Mr. MURPHY 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 intercollegiate athletic associations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Play for Women 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) 50 years ago, Congress passed title IX of 

9 the Education Amendments of 1972 (referred to in 

10 this section as ‘‘title IX’’), helping to transform parVerDate Sep 11 2014 22:00 Jan 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5307.IS S5307

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1 ticipation in and support for women’s sports by bar2 ring discrimination on the basis of sex in all schools 

3 that receive Federal funding, including in their ath4 letic programs. 

5 (2) Since the passage of title IX, millions more 

6 women and girls have had the opportunity to com7 pete in interscholastic athletics. At the high school 

8 level, athletic participation opportunities have in9 creased from nearly 300,000 in 1972 to more than 

10 3,400,000 in 2019. At the collegiate level, opportuni11 ties have increased from nearly 30,000 in 1972 to 

12 215,000 in 2020 on teams sponsored by institutions 

13 who are members of the National Collegiate Athletic 

14 Association (referred to in this section as the 

15 ‘‘NCAA’’). 

16 (3) Despite progress, women and girls still face 

17 unequal opportunities. At the high school level, girls 

18 have over 1,000,000 fewer athletic opportunities 

19 than boys, with schools providing girls with 43 per20 cent of all athletic opportunities while girls represent 

21 nearly half of all students. At the collegiate level, 

22 colleges would need to provide women with an addi23 tional 148,000 sports opportunities to match the 

24 same ratio of sports opportunities per student as is 

25 offered to men. 


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1 (4) Girls of color are often most impacted by 

2 inequitable opportunities. At high schools predomi3 nantly attended by White students, girls have 82 

4 percent of the opportunities that boys have to play 

5 sports, while at high schools predominantly attended 

6 by students of color, girls have only 67 percent of 

7 the opportunities that boys have to play sports. 

8 (5) The magnitude of current gaps in intercolle9 giate participation opportunities is likely under10 counted, as investigations of intercollegiate athletics 

11 data have found that the majority of NCAA member 

12 institutions inflate the number of women partici13 pating in sports by double- and triple-counting 

14 women athletes who participate in more than one 

15 sport more often than the institutions double- and 

16 triple-count their male counterparts, counting male 

17 practice players on women’s teams as women ath18 letes, and packing women’s teams with extra players 

19 who never end up competing. 

20 (6) Women and girls in sports also face unequal 

21 treatment. They are frequently provided worse facili22 ties, equipment, and uniforms than men and boys, 

23 and they receive less financial support and publicity 

24 from their schools, as women receive $240,000,000 

25 less than men in athletic-based scholarships annuVerDate Sep 11 2014 22:00 Jan 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5307.IS S5307

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1 ally. For every dollar colleges spend on recruiting, 

2 travel, and equipment for men’s sports, they spend 

3 58 cents, 62 cents, and 73 cents, respectively, for 

4 women’s sports. 

5 (7) Amid ongoing inequitable treatment, ath6 letes and athletics-related staff too often are un7 aware of the rights and obligations that are de8 scribed in or come from title IX. In surveys of chil9 dren and their parents, the majority report not 

10 knowing what title IX is. A study conducted by the 

11 Government Accountability Office in 2017 found 

12 that the majority of high school athletic administra13 tors were unaware of who their title IX coordinator 

14 was or felt unsupported by their title IX coordinator. 

15 In collegiate sports, the majority of coaches report 

16 that they never received formal training about title 

17 IX as part of the preparation for their jobs. 

18 SEC. 3. PURPOSES. 

19 The purposes of this Act are to— 

20 (1) address inequitable and discriminatory 

21 treatment of women and girls in sports in elemen22 tary and secondary schools, as well as institutions of 

23 higher education; and 

24 (2) improve the collection and transparency of 

25 data pertaining to participation in and support for 


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1 women’s and girls’ sports at schools receiving Fed2 eral financial assistance. 

3 SEC. 4. DISCRIMINATION BY INTERCOLLEGIATE ATHLETIC 

4 ASSOCIATIONS. 

5 (a) IN GENERAL.—No intercollegiate athletic associa6 tion shall, on the basis of sex, subject any athlete to dis7 crimination with respect to intercollegiate athletics, includ8 ing discrimination through— 

9 (1) the rules it sets for intercollegiate athletics; 

10 (2) the sports required for association member11 ship or the sports sponsored for association competi12 tions or supported with association championships; 

13 (3) the location, facilities, or amenities provided 

14 for association competitions or championships; 

15 (4) the provision or arrangement for the provi16 sion of goods or services (including benefits) for as17 sociation competitions or championships; or 

18 (5) the distribution of revenues or other bene19 fits to association members or institutions under the 

20 authority of the association. 

21 (b) PRIVATE RIGHT OF ACTION.—A covered institu22 tion of higher education that is a member of or under the 

23 authority of an intercollegiate athletic association, or an 

24 individual who applies to participate, participates, or pre25 viously participated in intercollegiate athletics, at a covVerDate Sep 11 2014 22:00 Jan 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5307.IS S5307

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1 ered institution of higher education that is a member of 

2 or under the authority of an intercollegiate athletic asso3 ciation, may bring an action in any Federal or State court 

4 of competent jurisdiction against the intercollegiate ath5 letic association to remedy a violation of this section. The 

6 court may award such legal or equitable relief as may be 

7 appropriate for such a violation. The legal relief may in8 clude compensatory damages for emotional distress, hu9 miliation, or pain and suffering. 

10 (c) TRAINING.—Each intercollegiate athletic associa11 tion shall ensure that each employee of the association re12 ceives, at least once per year, training on the provisions 

13 of this section, including the rights delineated under this 

14 section and the procedures for bringing actions under this 

15 section. 

16 (d) DEFINITIONS.—In this section: 

17 (1) COVERED INSTITUTION OF HIGHER EDU18 CATION.—The term ‘‘covered institution of higher 

19 education’’ means an entity described in section 

20 908(2)(A) of the Education Amendments of 1972 

21 (20 U.S.C. 1687(2)(A)). 

22 (2) INTERCOLLEGIATE ATHLETIC ASSOCIA23 TION.—The term ‘‘intercollegiate athletic associa24 tion’’ means any conference, association, or other 

25 group or organization, established by or comprised 


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1 of 2 or more covered institutions of higher edu2 cation, that— 

3 (A) governs competitions among, or other4 wise exercises authority over intercollegiate ath5 letics at, such institutions of higher education 

6 who are members of or under the authority of 

7 the intercollegiate athletic association; and 

8 (B) is engaged in commerce or an industry 

9 or activity affecting commerce. 

10 SEC. 5. EXPANDING EQUITY IN ATHLETICS DISCLOSURE 

11 REQUIREMENTS. 

12 (a) INSTITUTIONS OF HIGHER EDUCATION.—Section 

13 485(g) of the Higher Education Act of 1965 (20 U.S.C. 

14 1092(g)) is amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (B), by striking 

17 clause (i) and inserting the following: 

18 ‘‘(i) The total number of participants, 

19 by team.’’; 

20 (B) in subparagraph (C)— 

21 (i) by striking ‘‘The total amount’’ 

22 and inserting the following: ‘‘(i) The total 

23 amount’’; and 

24 (ii) by adding at the end the fol25 lowing: 


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1 ‘‘(ii) For each men’s and women’s sport— 

2 ‘‘(I) the total amount of athletically 

3 related student aid; 

4 ‘‘(II) the total number of athletically 

5 related scholarships, and the average 

6 amount of such scholarships; 

7 ‘‘(III) the total number of athletically 

8 related scholarships that fund the full cost 

9 of tuition at the institution; 

10 ‘‘(IV) the total number of athletically 

11 related scholarships that fund the full cost 

12 of attendance for the athlete; 

13 ‘‘(V) the total number of athletically 

14 related scholarships awarded for a period 

15 equal to or less than one year; and 

16 ‘‘(VI) the total number of athletically 

17 related scholarships awarded for a period 

18 equal to or greater than 4 academic 

19 years.’’; 

20 (C) in subparagraph (E), by inserting 

21 ‘‘and disaggregated by each men’s sport and 

22 each women’s sport’’ before the period at the 

23 end; 

24 (D) in subparagraph (G), by inserting 

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1 cludes compensation, bonuses, benefits, and 

2 buyouts paid to coaches and reportable by the 

3 institution or related entities, including booster 

4 clubs and foundations)’’ before ‘‘of the head 

5 coaches of men’s teams’’; 

6 (E) in subparagraph (H), by inserting 

7 ‘‘(which, for purposes of this subparagraph, in8 cludes compensation, bonuses, benefits, and 

9 buyouts paid to coaches and reportable by the 

10 institution or related entities, including booster 

11 clubs and foundations)’’ before ‘‘assistant 

12 coaches of men’s teams’’; 

13 (F) in subparagraph (I)— 

14 (i) by striking clause (i) and inserting 

15 the following: ‘‘(i) The revenues from the 

16 institution’s intercollegiate athletics activi17 ties, in the aggregate and disaggregated by 

18 each men’s sport and each women’s sport, 

19 including— 

20 ‘‘(I) total revenues; and 

21 ‘‘(II) each category of revenues de22 scribed in clause (ii).’’; and 

23 (ii) in clause (ii), by striking ‘‘, and 

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1 serting ‘‘, advertising, and, to the extent 

2 practicable, student activities fees and 

3 alumni contributions.’’; 

4 (G) by striking clause (i) of subparagraph 

5 (J) and inserting the following: ‘‘(i) The ex6 penses made by the institution for the institu7 tion’s intercollegiate athletics activities, in the 

8 aggregate and disaggregated by each men’s 

9 sport and each women’s sport, including— 

10 ‘‘(I) total expenses; and 

11 ‘‘(II) each category of expenses as de12 scribed in clause (ii).’’; and 

13 (H) by adding at the end the following: 

14 ‘‘(K) The numbers of participants who 

15 participate in 1, 2, or 3 intercollegiate sports at 

16 the institution, in the aggregate and 

17 disaggregated by each men’s sport and each 

18 women’s sport. 

19 ‘‘(L) The total number of male players 

20 that practice on women’s teams, in the aggre21 gate and disaggregated by each women’s sport. 

22 ‘‘(M) Information regarding race and eth23 nicity for athletes and coaches (including assist24 ant coaches), in the aggregate and 


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1 disaggregated by each men’s sport and each 

2 women’s sport. 

3 ‘‘(N) A certification that the institution 

4 has verified the information submitted in the 

5 report under this paragraph. 

6 ‘‘(O) With respect to the sports participa7 tion opportunities requirements under title IX 

8 of the Education Amendments of 1972— 

9 ‘‘(i) a certification that the institution 

10 complies with such requirements by show11 ing— 

12 ‘‘(I) substantial proportionality; 

13 ‘‘(II) a history and continuing 

14 practice of expanding sports participa15 tion opportunities; or 

16 ‘‘(III) full and effective accommo17 dation of athletics interests; and 

18 ‘‘(ii) an identification of the method of 

19 compliance described in subclauses (I) 

20 through (III) of clause (i) that the institu21 tion uses.’’; 

22 (2) in paragraph (2), by striking ‘‘For the pur23 poses of paragraph (1)(G)’’ and inserting ‘‘For the 

24 purposes of subparagraphs (G) and (H) of para25 graph (1)’’; 


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1 (3) by striking paragraph (4) and inserting the 

2 following: 

3 ‘‘(4) SUBMISSION; REPORT; INFORMATION

4 AVAILABILITY.— 

5 ‘‘(A) INSTITUTIONAL REQUIREMENTS.— 

6 Each institution of higher education described 

7 in paragraph (1) shall— 

8 ‘‘(i) by October 15 of each year, pro9 vide the information contained in the re10 port required under such paragraph for 

11 such year to the Secretary; and 

12 ‘‘(ii) by not later than February 15 of 

13 each year, publish such information on a 

14 public Internet website of the institution in 

15 a searchable format. 

16 ‘‘(B) PUBLIC AVAILABILITY.—By not later 

17 than February 15 of each year, the Secretary 

18 shall make the reports and information de19 scribed in subparagraph (A) for the imme20 diately preceding academic year available to the 

21 public, which shall include posting the reports 

22 and information on a public Internet website of 

23 the Department in a searchable format.’’; 

24 (4) by redesignating paragraph (5) as para25 graph (6); 


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1 (5) by inserting after paragraph (4) the fol2 lowing: 

3 ‘‘(5) REPORTS BY THE SECRETARY.— 

4 ‘‘(A) IN GENERAL.—By not later than 2 

5 years after the date of enactment of the Fair 

6 Play for Women Act, and every 2 years there7 after, the Secretary shall prepare and publish a 

8 report on gender equity using the information 

9 submitted under this subsection. 

10 ‘‘(B) CONTENTS.—The report required 

11 under subparagraph (A) shall, in the aggregate 

12 for all institutions of higher education described 

13 in paragraph (1) and disaggregated by each in14 dividual institution— 

15 ‘‘(i) identify participant gaps, if any, 

16 by indicating the number of participants 

17 that need to be added in order for partici18 pants of the underrepresented sex at the 

19 institution to match the proportion of en20 rolled full-time undergraduate students of 

21 the underrepresented sex at the institution; 

22 ‘‘(ii) identify funding gaps, if any, by 

23 showing the percentage differences, com24 pared to proportions of male and female 

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1 tures for athletically related student aid, 

2 recruiting, promotion, and publicity in 

3 intercollegiate athletics; and 

4 ‘‘(iii) identify any trends evident in 

5 such data that address relevant inequities 

6 in intercollegiate athletics participation and 

7 financial support.’’; and 

8 (6) in paragraph (6), as redesignated by para9 graph (4)— 

10 (A) by striking ‘‘DEFINITION.—For the 

11 purposes of this subsection, the term’’ and in12 serting the following: ‘‘DEFINITIONS.—For pur13 poses of this subsection: 

14 ‘‘(A) OPERATING EXPENSES.—The term’’; 

15 and 

16 (B) by adding at the end the following: 

17 ‘‘(B) PARTICIPANT.—The term ‘partici18 pant’ means an athlete in a sport who— 

19 ‘‘(i)(I) is receiving the institutionally 

20 sponsored support normally provided to 

21 athletes competing at the institution in22 volved on a regular basis during the sport’s 

23 season; 

24 ‘‘(II) is participating in organized 

25 practice sessions and other team meetings 


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1 and activities on a regular basis during the 

2 sport’s season; and 

3 ‘‘(III) is listed on the eligibility or 

4 squad list maintained for the sport; or 

5 ‘‘(ii) due to injury, does not meet the 

6 requirements of clause (i) but continues to 

7 receive financial aid on the basis of athletic 

8 ability in the sport. 

9 ‘‘(C) SEASON.—The term ‘season’, when 

10 used with respect to a team sport, means the 

11 period beginning on the date of a team’s first 

12 intercollegiate competitive event in an academic 

13 year and ending on the date of the team’s final 

14 intercollegiate competitive event in such aca15 demic year.’’. 

16 (b) ELEMENTARY SCHOOL AND SECONDARY SCHOOL

17 ATHLETIC PROGRAMS.— 

18 (1) IN GENERAL.—Subpart 2 of part F of title 

19 VIII of the Elementary and Secondary Education 

20 Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 

21 adding at the end the following: 

22 ‘‘SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN 

23 ELEMENTARY AND SECONDARY EDUCATION 

24 ATHLETIC PROGRAMS. 

25 ‘‘(a) DEFINITION OF PARTICIPANT.— 


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1 ‘‘(1) IN GENERAL.—In this section, the term 

2 ‘participant’ means an athlete in a sport who partici3 pates in the sport in interscholastic competitive 

4 events, organized practice sessions, and other team 

5 meetings and activities on a regular basis during the 

6 sport’s season. 

7 ‘‘(2) DEFINITION OF SEASON.—For purposes of 

8 paragraph (1), the term ‘season’, when used with re9 spect to a team sport, means the period beginning 

10 on the date of a team’s first interscholastic athletic 

11 competition in an academic year and ending on the 

12 date of the team’s final interscholastic athletic com13 petition in such academic year. 

14 ‘‘(b) IN GENERAL.—The Secretary shall collect annu15 ally, from each coeducational elementary school and sec16 ondary school that receives Federal financial assistance 

17 and has an interscholastic athletic program, a report that 

18 includes the following information for the immediately pre19 ceding academic year: 

20 ‘‘(1) The total number of male and female stu21 dents that attended the school, fully disaggregated 

22 and cross-tabulated by sex and race or ethnicity. 

23 ‘‘(2) A listing of the school’s teams that com24 peted in athletic competition and for each such team 

25 the following data: 


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1 ‘‘(A) The season in which the team com2 peted. 

3 ‘‘(B) The total number of male and female 

4 participants, fully disaggregated and cross-tab5 ulated by sex and race or ethnicity and level of 

6 competition. 

7 ‘‘(C) The total expenditures for the team 

8 from all sources, including school funds and 

9 funds provided by any other entities, such as 

10 booster organizations, including the following 

11 data: 

12 ‘‘(i) The travel expenditures. 

13 ‘‘(ii) The equipment expenditures (in14 cluding any equipment replacement sched15 ule). 

16 ‘‘(iii) The uniform expenditures (in17 cluding any uniform replacement sched18 ule). 

19 ‘‘(iv) The expenditures for facilities, 

20 including medical facilities, locker rooms, 

21 fields, and gymnasiums. 

22 ‘‘(v) The total number of trainers and 

23 medical personnel, and for each trainer or 

24 medical personnel an identification of such 

25 individual’s— 


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1 ‘‘(I) sex; and 

2 ‘‘(II) employment status (includ3 ing whether such individual is as4 signed to the team full-time or part5 time, and whether such individual is a 

6 head or assistant trainer or medical 

7 services provider) and duties other 

8 than providing training or medical 

9 services. 

10 ‘‘(vi) The expenditures for publicity 

11 for competitions. 

12 ‘‘(vii) The total salary expenditures 

13 for coaches, including compensation, bene14 fits, and bonuses, the total number of 

15 coaches, and for each coach an identifica16 tion of such coach’s— 

17 ‘‘(I) sex; and 

18 ‘‘(II) employment status (includ19 ing whether such coach is assigned to 

20 the team full-time or part-time, and 

21 whether such coach is a head or as22 sistant coach) and duties other than 

23 coaching. 

24 ‘‘(D) The total number of competitive 

25 events (in regular and nontraditional seasons) 


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1 scheduled, and for each an indication of what 

2 day of the week and time the competitive event 

3 was scheduled. 

4 ‘‘(E) Whether such team participated in 

5 postseason competition, and the success of such 

6 team in any postseason competition. 

7 ‘‘(c) DISCLOSURE TO STUDENTS AND PUBLIC.—A 

8 school described in subsection (b) shall— 

9 ‘‘(1) by October 15 of each year, make available 

10 to students, potential students, and parents of stu11 dents and potential students, upon request, and to 

12 the public, the report and information required of 

13 the school under such subsection for such year; and 

14 ‘‘(2) ensure that all students and parents at the 

15 school are informed of their right to request such re16 port and information. 

17 ‘‘(d) SUBMISSION; INFORMATION AVAILABILITY.— 

18 On an annual basis, each school described in subsection 

19 (b) shall provide the report required under such sub20 section, and the information contained in such report, to 

21 the Secretary not later than 15 days after the date that 

22 the school makes such report and information available 

23 under subsection (c). 

24 ‘‘(e) DUTIES OF THE SECRETARY.—The Secretary 

25 shall— 


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1 ‘‘(1) ensure that reports and information sub2 mitted under subsection (d) are available on the 

3 same public website, and searchable in the same 

4 manner, as the reports and information made avail5 able under section 485(g)(4)(B) of the Higher Edu6 cation Act of 1965; and 

7 ‘‘(2) not later than 180 days after the date of 

8 enactment of the Fair Play for Women Act— 

9 ‘‘(A) notify all elementary schools and sec10 ondary schools in all States regarding the avail11 ability of the reports and information under 

12 subsection (c); and 

13 ‘‘(B) issue guidance to all such schools on 

14 how to collect and report the information re15 quired under this section.’’. 

16 (2) CONFORMING AMENDMENT.—The table of 

17 contents in section 2 of the Elementary and Sec18 ondary Education Act of 1965 is amended by insert19 ing after the item relating to section 8549C the fol20 lowing: 

‘‘Sec. 8549D. Disclosure of statistics on equality in elementary and secondary 

education athletic programs.’’. 

21 SEC. 6. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL 

22 PENALTIES. 

23 Section 902 of the Education Amendments of 1972 

24 (20 U.S.C. 1682) is amended— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(b)(1) The Secretary of Education shall determine, 

5 at the beginning of each year, each covered institution of 

6 higher education that was found during the prior year to 

7 be in noncompliance with a requirement of this title as 

8 part of an administrative proceeding under subsection (a). 

9 ‘‘(2) If the Secretary determines under paragraph (1) 

10 that a covered institution of higher education was in such 

11 noncompliance during the prior year, the Secretary may 

12 impose a civil penalty on the institution. 

13 ‘‘(3) If the Secretary determines under paragraph (1) 

14 that a covered institution of higher education was in such 

15 noncompliance during 2 or more of the prior 5 years, the 

16 Secretary shall— 

17 ‘‘(A) require the institution to submit, not later 

18 than 120 days after receiving notice of the deter19 mination, a plan for coming into compliance with all 

20 requirements of this title; and 

21 ‘‘(B) make the report publicly available.’’. 

22 SEC. 7. PRIVATE RIGHT OF ACTION. 

23 Section 903 of the Education Amendments of 1972 

24 (20 U.S.C. 1683) is amended— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘Any depart2 ment’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) RIGHT OF ACTION.—An individual who applies 

5 to participate, participates, or previously participated in 

6 an education program or activity covered under this title, 

7 offered by a covered institution of higher education, may 

8 bring an action in any Federal or State court of competent 

9 jurisdiction against the institution, alleging a violation of 

10 this title. The court may award such legal or equitable 

11 relief as may be appropriate for such a violation. The legal 

12 relief may include compensatory damages for emotional 

13 distress, humiliation, or pain and suffering.’’. 

14 SEC. 8. TRAINING AND INFORMATION FOR ATHLETES. 

15 Title IX of the Education Amendments of 1972 (20 

16 U.S.C. 1681 et seq.) is amended— 

17 (1) by repealing section 906; 

18 (2) by redesignating section 905 (20 U.S.C. 

19 1685) as section 906; and 

20 (3) by inserting after section 904 the following: 

21 ‘‘SEC. 905. TRAINING AND INFORMATION. 

22 ‘‘(a) TRAINING.— 

23 ‘‘(1) COVERED SCHOOL SYSTEMS.— 

24 ‘‘(A) EMPLOYEES.—Each covered school 

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1 nator, and that each employee who works with 

2 athletics or teaches physical education or 

3 health, for the school system receives, at least 

4 once per year, training on the rights under this 

5 title of students at elementary schools or sec6 ondary schools, and procedures for submitting 

7 complaints of violations of this title to the Of8 fice for Civil Rights of the Department of Edu9 cation. 

10 ‘‘(B) ELEMENTARY AND SECONDARY

11 SCHOOL ATHLETES.—Each covered school sys12 tem shall ensure that— 

13 ‘‘(i) a title IX coordinator for the sys14 tem provides training to athletes at ele15 mentary schools or secondary schools in 

16 the system on the rights of the athletes 

17 under this title, and procedures for submit18 ting complaints of violations of this title to 

19 the Office for Civil Rights of the Depart20 ment of Education; and 

21 ‘‘(ii) each such athlete receives that 

22 training at least once per year. 

23 ‘‘(C) DEFINITIONS.—In this paragraph, 

24 the terms ‘elementary school’ and ‘secondary 

25 school’ have the meanings given the terms in 


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1 section 8101 of the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 7801). 

3 ‘‘(2) COVERED INSTITUTIONS OF HIGHER EDU4 CATION.— 

5 ‘‘(A) EMPLOYEES.—Each covered institu6 tion of higher education shall ensure that each 

7 employee of the athletic department of the insti8 tution receives, at least once per year, training 

9 on the rights under this title of students at cov10 ered institutions of higher education, and proce11 dures for submitting complaints of violations of 

12 this title to the Office for Civil Rights of the 

13 Department of Education. 

14 ‘‘(B) POSTSECONDARY SCHOOL ATH15 LETES.—Each covered institution of higher 

16 education shall ensure that— 

17 ‘‘(i) an expert in matters relating to 

18 this title, who is not an employee of the in19 stitution’s athletic department, provides 

20 training to athletes at the institution on 

21 the rights of the athletes under this title, 

22 and procedures for submitting complaints 

23 of violations of this title to the Office for 

24 Civil Rights of the Department of Edu25 cation; and 


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1 ‘‘(ii) each such athlete receives that 

2 training at least once per year. 

3 ‘‘(b) DATABASE.—The Secretary of Education shall 

4 establish and maintain a database of title IX coordinators, 

5 which shall be separate from the civil rights coordinators 

6 data maintained by the Office for Civil Rights of the De7 partment of Education. The database shall include, at a 

8 minimum, the name, phone number, and email address for 

9 each title IX coordinator. The Secretary shall make the 

10 information in the database available to the public with, 

11 and by the same means as, reports made available under 

12 section 485(g)(4)(B) of the Higher Education Act of 1965 

13 (20 U.S.C. 1092(g)(4)(B)).’’. 

14 SEC. 9. OTHER DEFINITIONS. 

15 Title IX of the Education Amendments of 1972 (20 

16 U.S.C. 1681 et seq.) is amended— 

17 (1) by redesignating section 909 as section 

18 907A and moving that section 907A so as to follow 

19 section 907; and 

20 (2) by adding at the end the following: 

21 ‘‘SEC. 909. OTHER DEFINITIONS. 

22 ‘‘In this title: 

23 ‘‘(1) COVERED INSTITUTION OF HIGHER EDU24 CATION.—The term ‘covered institution of higher 


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1 education’ means an entity described in section 

2 908(2)(A). 

3 ‘‘(2) COVERED SCHOOL SYSTEM.—The term 

4 ‘covered school system’ means an entity described in 

5 section 908(2)(B). 

6 ‘‘(3) TITLE IX COORDINATOR.—The term ‘title 

7 IX coordinator’ means the individual who coordi8 nates the efforts of a covered school system to com9 ply with, and carry out the system’s responsibilities 

10 under, this title.’’. 

11 SEC. 10. RULE OF CONSTRUCTION. 

12 Nothing in this Act shall be construed to imply that 

13 intercollegiate athletic associations (as defined in section 

14 2)— 

15 (1) are not covered by title IX of the Education 

16 Amendments of 1972 (20 U.S.C. 1681 et seq.); or 

17 (2) were not covered by that title on the day be18 fore the date of enactment of this Act. 

Æ 


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