[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5307 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Play for Women Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 50 years ago, Congress passed title IX of the Education 
        Amendments of 1972 (referred to in this section as ``title 
        IX''), helping to transform participation in and support for 
        women's sports by barring discrimination on the basis of sex in 
        all schools that receive Federal funding, including in their 
        athletic programs.
            (2) Since the passage of title IX, millions more women and 
        girls have had the opportunity to compete in interscholastic 
        athletics. At the high school level, athletic participation 
        opportunities have increased from nearly 300,000 in 1972 to 
        more than 3,400,000 in 2019. At the collegiate level, 
        opportunities have increased from nearly 30,000 in 1972 to 
        215,000 in 2020 on teams sponsored by institutions who are 
        members of the National Collegiate Athletic Association 
        (referred to in this section as the ``NCAA'').
            (3) Despite progress, women and girls still face unequal 
        opportunities. At the high school level, girls have over 
        1,000,000 fewer athletic opportunities than boys, with schools 
        providing girls with 43 percent of all athletic opportunities 
        while girls represent nearly half of all students. At the 
        collegiate level, colleges would need to provide women with an 
        additional 148,000 sports opportunities to match the same ratio 
        of sports opportunities per student as is offered to men.
            (4) Girls of color are often most impacted by inequitable 
        opportunities. At high schools predominantly attended by White 
        students, girls have 82 percent of the opportunities that boys 
        have to play sports, while at high schools predominantly 
        attended by students of color, girls have only 67 percent of 
        the opportunities that boys have to play sports.
            (5) The magnitude of current gaps in intercollegiate 
        participation opportunities is likely undercounted, as 
        investigations of intercollegiate athletics data have found 
        that the majority of NCAA member institutions inflate the 
        number of women participating in sports by double- and triple-
        counting women athletes who participate in more than one sport 
        more often than the institutions double- and triple-count their 
        male counterparts, counting male practice players on women's 
        teams as women athletes, and packing women's teams with extra 
        players who never end up competing.
            (6) Women and girls in sports also face unequal treatment. 
        They are frequently provided worse facilities, equipment, and 
        uniforms than men and boys, and they receive less financial 
        support and publicity from their schools, as women receive 
        $240,000,000 less than men in athletic-based scholarships 
        annually. For every dollar colleges spend on recruiting, 
        travel, and equipment for men's sports, they spend 58 cents, 62 
        cents, and 73 cents, respectively, for women's sports.
            (7) Amid ongoing inequitable treatment, athletes and 
        athletics-related staff too often are unaware of the rights and 
        obligations that are described in or come from title IX. In 
        surveys of children and their parents, the majority report not 
        knowing what title IX is. A study conducted by the Government 
        Accountability Office in 2017 found that the majority of high 
        school athletic administrators were unaware of who their title 
        IX coordinator was or felt unsupported by their title IX 
        coordinator. In collegiate sports, the majority of coaches 
        report that they never received formal training about title IX 
        as part of the preparation for their jobs.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) address inequitable and discriminatory treatment of 
        women and girls in sports in elementary and secondary schools, 
        as well as institutions of higher education; and
            (2) improve the collection and transparency of data 
        pertaining to participation in and support for women's and 
        girls' sports at schools receiving Federal financial 
        assistance.

SEC. 4. DISCRIMINATION BY INTERCOLLEGIATE ATHLETIC ASSOCIATIONS.

    (a) In General.--No intercollegiate athletic association shall, on 
the basis of sex, subject any athlete to discrimination with respect to 
intercollegiate athletics, including discrimination through--
            (1) the rules it sets for intercollegiate athletics;
            (2) the sports required for association membership or the 
        sports sponsored for association competitions or supported with 
        association championships;
            (3) the location, facilities, or amenities provided for 
        association competitions or championships;
            (4) the provision or arrangement for the provision of goods 
        or services (including benefits) for association competitions 
        or championships; or
            (5) the distribution of revenues or other benefits to 
        association members or institutions under the authority of the 
        association.
    (b) Private Right of Action.--A covered institution of higher 
education that is a member of or under the authority of an 
intercollegiate athletic association, or an individual who applies to 
participate, participates, or previously participated in 
intercollegiate athletics, at a covered institution of higher education 
that is a member of or under the authority of an intercollegiate 
athletic association, may bring an action in any Federal or State court 
of competent jurisdiction against the intercollegiate athletic 
association to remedy a violation of this section. The court may award 
such legal or equitable relief as may be appropriate for such a 
violation. The legal relief may include compensatory damages for 
emotional distress, humiliation, or pain and suffering.
    (c) Training.--Each intercollegiate athletic association shall 
ensure that each employee of the association receives, at least once 
per year, training on the provisions of this section, including the 
rights delineated under this section and the procedures for bringing 
actions under this section.
    (d) Definitions.--In this section:
            (1) Covered institution of higher education.--The term 
        ``covered institution of higher education'' means an entity 
        described in section 908(2)(A) of the Education Amendments of 
        1972 (20 U.S.C. 1687(2)(A)).
            (2) Intercollegiate athletic association.--The term 
        ``intercollegiate athletic association'' means any conference, 
        association, or other group or organization, established by or 
        comprised of 2 or more covered institutions of higher 
        education, that--
                    (A) governs competitions among, or otherwise 
                exercises authority over intercollegiate athletics at, 
                such institutions of higher education who are members 
                of or under the authority of the intercollegiate 
                athletic association; and
                    (B) is engaged in commerce or an industry or 
                activity affecting commerce.

SEC. 5. EXPANDING EQUITY IN ATHLETICS DISCLOSURE REQUIREMENTS.

    (a) Institutions of Higher Education.--Section 485(g) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking clause (i) and 
                inserting the following:
                            ``(i) The total number of participants, by 
                        team.'';
                    (B) in subparagraph (C)--
                            (i) by striking ``The total amount'' and 
                        inserting the following: ``(i) The total 
                        amount''; and
                            (ii) by adding at the end the following:
                    ``(ii) For each men's and women's sport--
                            ``(I) the total amount of athletically 
                        related student aid;
                            ``(II) the total number of athletically 
                        related scholarships, and the average amount of 
                        such scholarships;
                            ``(III) the total number of athletically 
                        related scholarships that fund the full cost of 
                        tuition at the institution;
                            ``(IV) the total number of athletically 
                        related scholarships that fund the full cost of 
                        attendance for the athlete;
                            ``(V) the total number of athletically 
                        related scholarships awarded for a period equal 
                        to or less than one year; and
                            ``(VI) the total number of athletically 
                        related scholarships awarded for a period equal 
                        to or greater than 4 academic years.'';
                    (C) in subparagraph (E), by inserting ``and 
                disaggregated by each men's sport and each women's 
                sport'' before the period at the end;
                    (D) in subparagraph (G), by inserting ``(which, for 
                purposes of this subparagraph, includes compensation, 
                bonuses, benefits, and buyouts paid to coaches and 
                reportable by the institution or related entities, 
                including booster clubs and foundations)'' before ``of 
                the head coaches of men's teams'';
                    (E) in subparagraph (H), by inserting ``(which, for 
                purposes of this subparagraph, includes compensation, 
                bonuses, benefits, and buyouts paid to coaches and 
                reportable by the institution or related entities, 
                including booster clubs and foundations)'' before 
                ``assistant coaches of men's teams'';
                    (F) in subparagraph (I)--
                            (i) by striking clause (i) and inserting 
                        the following: ``(i) The revenues from the 
                        institution's intercollegiate athletics 
                        activities, in the aggregate and disaggregated 
                        by each men's sport and each women's sport, 
                        including--
                            ``(I) total revenues; and
                            ``(II) each category of revenues described 
                        in clause (ii).''; and
                            (ii) in clause (ii), by striking ``, and 
                        advertising, but revenues'' and all that 
                        follows through the period at the end and 
                        inserting ``, advertising, and, to the extent 
                        practicable, student activities fees and alumni 
                        contributions.'';
                    (G) by striking clause (i) of subparagraph (J) and 
                inserting the following: ``(i) The expenses made by the 
                institution for the institution's intercollegiate 
                athletics activities, in the aggregate and 
                disaggregated by each men's sport and each women's 
                sport, including--
                            ``(I) total expenses; and
                            ``(II) each category of expenses as 
                        described in clause (ii).''; and
                    (H) by adding at the end the following:
                    ``(K) The numbers of participants who participate 
                in 1, 2, or 3 intercollegiate sports at the 
                institution, in the aggregate and disaggregated by each 
                men's sport and each women's sport.
                    ``(L) The total number of male players that 
                practice on women's teams, in the aggregate and 
                disaggregated by each women's sport.
                    ``(M) Information regarding race and ethnicity for 
                athletes and coaches (including assistant coaches), in 
                the aggregate and disaggregated by each men's sport and 
                each women's sport.
                    ``(N) A certification that the institution has 
                verified the information submitted in the report under 
                this paragraph.
                    ``(O) With respect to the sports participation 
                opportunities requirements under title IX of the 
                Education Amendments of 1972--
                            ``(i) a certification that the institution 
                        complies with such requirements by showing--
                                    ``(I) substantial proportionality;
                                    ``(II) a history and continuing 
                                practice of expanding sports 
                                participation opportunities; or
                                    ``(III) full and effective 
                                accommodation of athletics interests; 
                                and
                            ``(ii) an identification of the method of 
                        compliance described in subclauses (I) through 
                        (III) of clause (i) that the institution 
                        uses.'';
            (2) in paragraph (2), by striking ``For the purposes of 
        paragraph (1)(G)'' and inserting ``For the purposes of 
        subparagraphs (G) and (H) of paragraph (1)'';
            (3) by striking paragraph (4) and inserting the following:
            ``(4) Submission; report; information availability.--
                    ``(A) Institutional requirements.--Each institution 
                of higher education described in paragraph (1) shall--
                            ``(i) by October 15 of each year, provide 
                        the information contained in the report 
                        required under such paragraph for such year to 
                        the Secretary; and
                            ``(ii) by not later than February 15 of 
                        each year, publish such information on a public 
                        Internet website of the institution in a 
                        searchable format.
                    ``(B) Public availability.--By not later than 
                February 15 of each year, the Secretary shall make the 
                reports and information described in subparagraph (A) 
                for the immediately preceding academic year available 
                to the public, which shall include posting the reports 
                and information on a public Internet website of the 
                Department in a searchable format.'';
            (4) by redesignating paragraph (5) as paragraph (6);
            (5) by inserting after paragraph (4) the following:
            ``(5) Reports by the secretary.--
                    ``(A) In general.--By not later than 2 years after 
                the date of enactment of the Fair Play for Women Act, 
                and every 2 years thereafter, the Secretary shall 
                prepare and publish a report on gender equity using the 
                information submitted under this subsection.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall, in the aggregate for all 
                institutions of higher education described in paragraph 
                (1) and disaggregated by each individual institution--
                            ``(i) identify participant gaps, if any, by 
                        indicating the number of participants that need 
                        to be added in order for participants of the 
                        underrepresented sex at the institution to 
                        match the proportion of enrolled full-time 
                        undergraduate students of the underrepresented 
                        sex at the institution;
                            ``(ii) identify funding gaps, if any, by 
                        showing the percentage differences, compared to 
                        proportions of male and female enrollment at 
                        the institution, in expenditures for 
                        athletically related student aid, recruiting, 
                        promotion, and publicity in intercollegiate 
                        athletics; and
                            ``(iii) identify any trends evident in such 
                        data that address relevant inequities in 
                        intercollegiate athletics participation and 
                        financial support.''; and
            (6) in paragraph (6), as redesignated by paragraph (4)--
                    (A) by striking ``Definition.--For the purposes of 
                this subsection, the term'' and inserting the 
                following: ``Definitions.--For purposes of this 
                subsection:
                    ``(A) Operating expenses.--The term''; and
                    (B) by adding at the end the following:
                    ``(B) Participant.--The term `participant' means an 
                athlete in a sport who--
                            ``(i)(I) is receiving the institutionally 
                        sponsored support normally provided to athletes 
                        competing at the institution involved on a 
                        regular basis during the sport's season;
                            ``(II) is participating in organized 
                        practice sessions and other team meetings and 
                        activities on a regular basis during the 
                        sport's season; and
                            ``(III) is listed on the eligibility or 
                        squad list maintained for the sport; or
                            ``(ii) due to injury, does not meet the 
                        requirements of clause (i) but continues to 
                        receive financial aid on the basis of athletic 
                        ability in the sport.
                    ``(C) Season.--The term `season', when used with 
                respect to a team sport, means the period beginning on 
                the date of a team's first intercollegiate competitive 
                event in an academic year and ending on the date of the 
                team's final intercollegiate competitive event in such 
                academic year.''.
    (b) Elementary School and Secondary School Athletic Programs.--
            (1) In general.--Subpart 2 of part F of title VIII of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 
        et seq.) is amended by adding at the end the following:

``SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN ELEMENTARY AND 
              SECONDARY EDUCATION ATHLETIC PROGRAMS.

    ``(a) Definition of Participant.--
            ``(1) In general.--In this section, the term `participant' 
        means an athlete in a sport who participates in the sport in 
        interscholastic competitive events, organized practice 
        sessions, and other team meetings and activities on a regular 
        basis during the sport's season.
            ``(2) Definition of season.--For purposes of paragraph (1), 
        the term `season', when used with respect to a team sport, 
        means the period beginning on the date of a team's first 
        interscholastic athletic competition in an academic year and 
        ending on the date of the team's final interscholastic athletic 
        competition in such academic year.
    ``(b) In General.--The Secretary shall collect annually, from each 
coeducational elementary school and secondary school that receives 
Federal financial assistance and has an interscholastic athletic 
program, a report that includes the following information for the 
immediately preceding academic year:
            ``(1) The total number of male and female students that 
        attended the school, fully disaggregated and cross-tabulated by 
        sex and race or ethnicity.
            ``(2) A listing of the school's teams that competed in 
        athletic competition and for each such team the following data:
                    ``(A) The season in which the team competed.
                    ``(B) The total number of male and female 
                participants, fully disaggregated and cross-tabulated 
                by sex and race or ethnicity and level of competition.
                    ``(C) The total expenditures for the team from all 
                sources, including school funds and funds provided by 
                any other entities, such as booster organizations, 
                including the following data:
                            ``(i) The travel expenditures.
                            ``(ii) The equipment expenditures 
                        (including any equipment replacement schedule).
                            ``(iii) The uniform expenditures (including 
                        any uniform replacement schedule).
                            ``(iv) The expenditures for facilities, 
                        including medical facilities, locker rooms, 
                        fields, and gymnasiums.
                            ``(v) The total number of trainers and 
                        medical personnel, and for each trainer or 
                        medical personnel an identification of such 
                        individual's--
                                    ``(I) sex; and
                                    ``(II) employment status (including 
                                whether such individual is assigned to 
                                the team full-time or part-time, and 
                                whether such individual is a head or 
                                assistant trainer or medical services 
                                provider) and duties other than 
                                providing training or medical services.
                            ``(vi) The expenditures for publicity for 
                        competitions.
                            ``(vii) The total salary expenditures for 
                        coaches, including compensation, benefits, and 
                        bonuses, the total number of coaches, and for 
                        each coach an identification of such coach's--
                                    ``(I) sex; and
                                    ``(II) employment status (including 
                                whether such coach is assigned to the 
                                team full-time or part-time, and 
                                whether such coach is a head or 
                                assistant coach) and duties other than 
                                coaching.
                    ``(D) The total number of competitive events (in 
                regular and nontraditional seasons) scheduled, and for 
                each an indication of what day of the week and time the 
                competitive event was scheduled.
                    ``(E) Whether such team participated in postseason 
                competition, and the success of such team in any 
                postseason competition.
    ``(c) Disclosure to Students and Public.--A school described in 
subsection (b) shall--
            ``(1) by October 15 of each year, make available to 
        students, potential students, and parents of students and 
        potential students, upon request, and to the public, the report 
        and information required of the school under such subsection 
        for such year; and
            ``(2) ensure that all students and parents at the school 
        are informed of their right to request such report and 
        information.
    ``(d) Submission; Information Availability.--On an annual basis, 
each school described in subsection (b) shall provide the report 
required under such subsection, and the information contained in such 
report, to the Secretary not later than 15 days after the date that the 
school makes such report and information available under subsection 
(c).
    ``(e) Duties of the Secretary.--The Secretary shall--
            ``(1) ensure that reports and information submitted under 
        subsection (d) are available on the same public website, and 
        searchable in the same manner, as the reports and information 
        made available under section 485(g)(4)(B) of the Higher 
        Education Act of 1965; and
            ``(2) not later than 180 days after the date of enactment 
        of the Fair Play for Women Act--
                    ``(A) notify all elementary schools and secondary 
                schools in all States regarding the availability of the 
                reports and information under subsection (c); and
                    ``(B) issue guidance to all such schools on how to 
                collect and report the information required under this 
                section.''.
            (2) Conforming amendment.--The table of contents in section 
        2 of the Elementary and Secondary Education Act of 1965 is 
        amended by inserting after the item relating to section 8549C 
        the following:

``Sec. 8549D. Disclosure of statistics on equality in elementary and 
                            secondary education athletic programs.''.

SEC. 6. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL PENALTIES.

    Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is 
amended--
            (1) by inserting ``(a)'' before ``Each Federal''; and
            (2) by adding at the end the following:
    ``(b)(1) The Secretary of Education shall determine, at the 
beginning of each year, each covered institution of higher education 
that was found during the prior year to be in noncompliance with a 
requirement of this title as part of an administrative proceeding under 
subsection (a).
    ``(2) If the Secretary determines under paragraph (1) that a 
covered institution of higher education was in such noncompliance 
during the prior year, the Secretary may impose a civil penalty on the 
institution.
    ``(3) If the Secretary determines under paragraph (1) that a 
covered institution of higher education was in such noncompliance 
during 2 or more of the prior 5 years, the Secretary shall--
            ``(A) require the institution to submit, not later than 120 
        days after receiving notice of the determination, a plan for 
        coming into compliance with all requirements of this title; and
            ``(B) make the report publicly available.''.

SEC. 7. PRIVATE RIGHT OF ACTION.

    Section 903 of the Education Amendments of 1972 (20 U.S.C. 1683) is 
amended--
            (1) by inserting ``(a)'' before ``Any department''; and
            (2) by adding at the end the following:
    ``(b) Right of Action.--An individual who applies to participate, 
participates, or previously participated in an education program or 
activity covered under this title, offered by a covered institution of 
higher education, may bring an action in any Federal or State court of 
competent jurisdiction against the institution, alleging a violation of 
this title. The court may award such legal or equitable relief as may 
be appropriate for such a violation. The legal relief may include 
compensatory damages for emotional distress, humiliation, or pain and 
suffering.''.

SEC. 8. TRAINING AND INFORMATION FOR ATHLETES.

    Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
seq.) is amended--
            (1) by repealing section 906;
            (2) by redesignating section 905 (20 U.S.C. 1685) as 
        section 906; and
            (3) by inserting after section 904 the following:

``SEC. 905. TRAINING AND INFORMATION.

    ``(a) Training.--
            ``(1) Covered school systems.--
                    ``(A) Employees.--Each covered school system shall 
                ensure that each title IX coordinator, and that each 
                employee who works with athletics or teaches physical 
                education or health, for the school system receives, at 
                least once per year, training on the rights under this 
                title of students at elementary schools or secondary 
                schools, and procedures for submitting complaints of 
                violations of this title to the Office for Civil Rights 
                of the Department of Education.
                    ``(B) Elementary and secondary school athletes.--
                Each covered school system shall ensure that--
                            ``(i) a title IX coordinator for the system 
                        provides training to athletes at elementary 
                        schools or secondary schools in the system on 
                        the rights of the athletes under this title, 
                        and procedures for submitting complaints of 
                        violations of this title to the Office for 
                        Civil Rights of the Department of Education; 
                        and
                            ``(ii) each such athlete receives that 
                        training at least once per year.
                    ``(C) Definitions.--In this paragraph, the terms 
                `elementary school' and `secondary school' have the 
                meanings given the terms in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).
            ``(2) Covered institutions of higher education.--
                    ``(A) Employees.--Each covered institution of 
                higher education shall ensure that each employee of the 
                athletic department of the institution receives, at 
                least once per year, training on the rights under this 
                title of students at covered institutions of higher 
                education, and procedures for submitting complaints of 
                violations of this title to the Office for Civil Rights 
                of the Department of Education.
                    ``(B) Postsecondary school athletes.--Each covered 
                institution of higher education shall ensure that--
                            ``(i) an expert in matters relating to this 
                        title, who is not an employee of the 
                        institution's athletic department, provides 
                        training to athletes at the institution on the 
                        rights of the athletes under this title, and 
                        procedures for submitting complaints of 
                        violations of this title to the Office for 
                        Civil Rights of the Department of Education; 
                        and
                            ``(ii) each such athlete receives that 
                        training at least once per year.
    ``(b) Database.--The Secretary of Education shall establish and 
maintain a database of title IX coordinators, which shall be separate 
from the civil rights coordinators data maintained by the Office for 
Civil Rights of the Department of Education. The database shall 
include, at a minimum, the name, phone number, and email address for 
each title IX coordinator. The Secretary shall make the information in 
the database available to the public with, and by the same means as, 
reports made available under section 485(g)(4)(B) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(g)(4)(B)).''.

SEC. 9. OTHER DEFINITIONS.

    Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
seq.) is amended--
            (1) by redesignating section 909 as section 907A and moving 
        that section 907A so as to follow section 907; and
            (2) by adding at the end the following:

``SEC. 909. OTHER DEFINITIONS.

    ``In this title:
            ``(1) Covered institution of higher education.--The term 
        `covered institution of higher education' means an entity 
        described in section 908(2)(A).
            ``(2) Covered school system.--The term `covered school 
        system' means an entity described in section 908(2)(B).
            ``(3) Title ix coordinator.--The term `title IX 
        coordinator' means the individual who coordinates the efforts 
        of a covered school system to comply with, and carry out the 
        system's responsibilities under, this title.''.

SEC. 10. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to imply that 
intercollegiate athletic associations (as defined in section 2)--
            (1) are not covered by title IX of the Education Amendments 
        of 1972 (20 U.S.C. 1681 et seq.); or
            (2) were not covered by that title on the day before the 
        date of enactment of this Act.
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