[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9344 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9344

 To require the Secretary of Education to carry out a grant program to 
   promote youth sports programs in elementary and secondary schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 9, 2024

 Ms. Williams of Georgia (for herself, Mr. Takano, Ms. Velazquez, Ms. 
Tokuda, Mrs. Cherfilus-McCormick, Mr. Pocan, Mr. Cardenas, Mr. Carson, 
    Ms. Kamlager-Dove, and Ms. Lee of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Education to carry out a grant program to 
   promote youth sports programs in elementary and secondary schools.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Promotion of Youth 
Sports Act of 2024''.
    (b) Findings.--Congress finds the following:
            (1) Title IX of the Education Amendments Act of 1972 (20 
        U.S.C. 1681 et seq.) broadly prohibits discrimination and 
        differential treatment in education programs and activities, 
        including in school sports, on the basis of sex (including 
        sexual orientation, gender identity, sex characteristics, and 
        pregnancy and related conditions).
            (2) The Supreme Court held in Bostock v. Clayton County 
        that discrimination tied to sexual orientation or transgender 
        status ``necessarily entails discrimination based on sex; the 
        first cannot happen without the second''.
            (3) For decades, Federal courts have consistently found 
        that title IX protects LGBTQI+ students, including the right of 
        transgender and nonbinary students to access sex-separated 
        school spaces, like bathrooms and sports programs. This remains 
        the strong majority position among Federal courts of appeals 
        and Federal district courts following Bostock.
            (4) The intent of the initial title IX regulations with 
        respect to sex-separated sports teams was to foster the 
        equitable participation of women and girls in school sports 
        where they have been systematically excluded and denied such 
        opportunities, so that women and girls could be given the 
        resources and opportunities to develop their athleticism, not 
        to enforce separation based on purportedly innate differences 
        between men and women.
            (5) Playing school sports improves students' academic 
        performance, graduation rates, and attendance, develops social 
        and leadership skills, and provides students with a support 
        network. These opportunities and impacts are particularly 
        important for children from marginalized groups like 
        transgender children, who face disproportionate hostility and 
        discrimination at school.
            (6) Transgender youth who are supported, included, and 
        protected from discrimination in school can thrive and learn 
        just like their peers. Transgender youth who report being 
        supported and protected from discrimination consistently have 
        lower rates of negative health outcomes, including suicide 
        attempts. Transgender youth who play school sports report 
        higher grades and self-esteem, and lower rates of depression 
        and anxiety.
            (7) More than 11 percent of LGBTQ youth have reported being 
        discouraged from playing sports due to their sexual orientation 
        or gender identity, and 16 percent of LGBTQ+ students reported 
        in 2021 that their K-12 schools barred them from playing on the 
        correct sports team.
            (8) Since 2008, 17 States and the District of Columbia have 
        passed laws affirmatively protecting transgender students' 
        right to participate in interscholastic athletics. In those 
        States, participation numbers for women and girls in athletics 
        have remained steady or increased. As of 2021, in the States 
        that have banned transgender student participation, 
        participation rates have dropped among all girls.
            (9) There were fewer athletic participation opportunities 
        for high school girls in 2019 than existed for boys in 1972, 
        when title IX was enacted.
            (10) On the Division 1 level, colleges spend $2 on mens 
        sports for every $1 spent on womens sports. In all collegiate 
        athletics, there are 60,000 more athletic opportunities for men 
        than for women.
            (11) Girls and women's high school sports teams are 
        consistently given less support and oversight, leading to them 
        receiving fewer resources and funding than boys' and men's 
        teams, including 1,300,000 more high school sports spots for 
        boys compared to girls, and allowing a pervasive culture of 
        abuse targeting young women to fester.
            (12) Attacks on transgender children in sports also 
        negatively impact cisgender girls who do not conform to 
        traditional gender stereotypes, particularly Black and Brown 
        girls, through arbitrary questioning of the girlhood of 
        children and invasive and dangerous sex verification practices. 
        This includes forcing young students to submit documentation of 
        their reproductive information or even submit to genital exams 
        as a condition of playing.
            (13) Over decades, a strong consensus has developed among 
        Federal courts that title IX has always protected LGBTQI+ youth 
        in school, including the right of transgender youth to 
        participate in school sports. These decisions indicate that the 
        justifications advanced thus far by anti-trans legislators are 
        unlikely to survive the heightened scrutiny required by the 
        Equal Protection Clause of the Fourteenth Amendment to the 
        United States Constitution.

SEC. 2. GRANT PROGRAM TO PROMOTE YOUTH SPORTS PROGRAMS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary of Education (hereinafter referred 
to as the ``Secretary'') shall establish a program to award grants to 
eligible elementary schools and secondary schools (as such terms are 
defined in section 8101 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801)) to promote youth sports programs.
    (b) Use of Grant Funds.--
            (1) In general.--Grant funds awarded under this section 
        shall be used by grantees to promote and increase access to 
        youth sports by--
                    (A) expanding offerings of available athletic 
                programs;
                    (B) providing direct financial support for 
                facilities, equipment, uniforms, travel, and other 
                athletic program expenses to reduce barriers that limit 
                participation in existing athletic programs; or
                    (C) carrying out the activities described in both 
                subparagraphs (A) and (B).
            (2) Grant period.--Grant funds awarded under this section 
        shall be available for one academic year. Any unused funds that 
        remain at the end of such academic year shall be returned to 
        the Secretary to award additional grants under this section.
    (c) Eligibility.--An elementary or secondary school shall be 
eligible for a grant under this section only if such school is in 
compliance with the requirements of title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations 
implementing such title under part 106 of title 34, Code of Federal 
Regulations, or any succeeding regulations.
    (d) Application; Priority.--
            (1) Application.--An eligible elementary or secondary 
        school desiring a grant under this section shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require. Such 
        application shall include--
                    (A) a description of the proposed programs, 
                activities, and direct financial support to be provided 
                in whole or in part with grant funds under this 
                section, and the amount of grant funds requested for 
                such programs, activities, and support; and
                    (B) an assurance by the school that, with respect 
                to the provision of any program, activity, or financial 
                support provided in whole or in part with grant funds 
                under this section, the school will not discriminate on 
                the basis of sexual orientation, gender identity, or 
                sex characteristics (including intersex traits).
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to elementary and secondary 
        schools that demonstrate that grant funds will be used to 
        reduce barriers that limit participation of women and girls in 
        youth sports, particularly sports in which women and girls have 
        been historically underrepresented, by expanding offerings of 
        available athletic programs for women or girls, or providing 
        direct financial support for equipment, uniforms, travel, and 
        other athletic program expenses related to participation of 
        women and girls in existing athletic programs.
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