H.R. 1183

[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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