[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3762 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3762

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 SENATE OF THE UNITED STATES

                            February 7, 2024

Mr. Murphy (for himself, Mr. Blumenthal, and Mr. Wyden) 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 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) 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, 
        collegiate, or intercollegiate 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. 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.
            (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) Transgender, nonbinary, and intersex students also 
        experience sex-based discrimination in sports, with transgender 
        women and girls being least likely to participate in sports. 
        Transgender, nonbinary, and intersex students are consistently 
        denied opportunities to play, often due to policies restricting 
        them from playing sports. The addition of policies that exclude 
        transgender students from athletic opportunities correlates 
        with an overall decrease in sports participation. According to 
        the Centers for Disease Control and Prevention's Youth Risk 
        Behavior Survey, States with policies that exclude transgender 
        students from participation in athletics saw a decrease in 
        overall girls' participation in sports from 2011 to 2019, 
        whereas States with inclusive policies did not see a decrease 
        in that participation during that same timeframe.
            (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 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.
            (8) 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 intercollegiate athletics, 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;
            (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, regardless of gender, 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.
                                 <all>