[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Page S1375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1340. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, 
Mrs. Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. 
Stabenow, Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, 
and Mr. Sanders) to the bill H.R. 1319, to provide for reconciliation 
pursuant to title II of S. Con. Res. 5; which was ordered to lie on the 
table; as follows:

        At the end of part 1 of subtitle A of title II, add the 
     following:

     SEC. 2014. PROHIBITION OF FUNDS TO INSTITUTIONS THAT ALLOW 
                   FOR THE PARTICIPATION OF BIOLOGICAL MALE 
                   ATHLETES IN FEMALE SPORTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Education may not provide any funds 
     made available under this title to any institution of higher 
     education, State, or local educational agency that allows a 
     person whose sex is male to participate in an athletic 
     program or activity that is designated for women or girls. 
     For purposes of this subsection, sex shall be recognized 
     based solely on a person's reproductive biology and genetics 
     at birth.
       (b) Return of Funds.--An institution of higher education 
     that receives funds made available under this title shall--
       (1) submit a certification to the Secretary of Education 
     not later than 60 days after receipt of the funds that the 
     institution does not allow a person whose sex is male to 
     participate in an athletic program or activity that is 
     designated for women or girls; and
       (2) if the institution does not submit the certification 
     under paragraph (1), return the funds made available under 
     this title to the Treasury of the United States.
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