Text of US HB 4363 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 4363 To require elementary schools, secondary schools, and institutions of higher education to ensure biological fairness in women’s sports as a condition of receiving Federal funds, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 14, 2025 Mr. BARR (for himself, Mrs. MCCLAIN, Mr. GUTHRIE, Ms. TENNEY, Mrs. LUNA, Mr. NEHLS, Mrs. BICE, Mr. DONALDS, Ms. MACE, Mr. WEBER of Texas, Mr. ELLZEY, Mrs. HINSON, Mr. ZINKE, Mr. MOORE of North Carolina, Mr. NORMAN, Mr. BEAN of Florida, Mr. SHREVE, Mr. GILL of Texas, Mr. MOOLENAAR, Mr. WEBSTER of Florida, Mr. SMITH of New Jersey, Mr. BARRETT, Mr. HIGGINS of Louisiana, Mr. SESSIONS, Mr. COLLINS, Mrs. BIGGS of South Carolina, Mr. BIGGS of Arizona, Mr. LOUDERMILK, Mr. STAUBER, Mr. WILLIAMS of Texas, Mrs. HARSHBARGER, Mr. CARTER of Georgia, Mr. HUNT, Mr. YAKYM, Mr. MCGUIRE, Mrs. HOUCHIN, Mr. BUCHANAN, Mr. STUTZMAN, Mr. CREN- SHAW, Mr. MESSMER, Mr. LALOTA, Mr. MOORE of Alabama, Mr. HARIDOPOLOS, Mr. JAMES, Mr. CLYDE, Mr. ROSE, Mr. GUEST, Mr. FINSTAD, Mr. PATRONIS, Mr. JACKSON of Texas, and Mr. MCDOWELL) introduced the following bill; which was referred to the Committee on Education and Workforce A BILL To require elementary schools, secondary schools, and institu- tions of higher education to ensure biological fairness in women’s sports as a condition of receiving Federal funds, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:09 Jul 18, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 4363 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Defend Girls Athletics 2 Act’’. 3 SEC. 2. ELEMENTARY AND SECONDARY SCHOOLS. 4 Title VIII of the Elementary and Secondary Edu- 5 cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended 6 by inserting after section 8524 the following: 7 ‘‘SEC. 8524A. REQUIREMENTS RELATING TO BIOLOGICAL 8 FAIRNESS IN WOMEN’S SPORTS. 9 ‘‘(a) IN GENERAL.—As a condition of receiving funds 10 under this Act, a local educational agency shall ensure 11 that each school under the jurisdiction of such agency 12 complies with the requirements of Executive Order 14201 13 (90 Fed. Reg 9279; relating to keeping men out of wom- 14 en’s sports), as in effect on the date of enactment of this 15 section. 16 ‘‘(b) CERTIFICATION.—On an annual basis not later 17 than August 15 of each year, each local educational agen- 18 cy subject to the requirements of this section shall certify 19 in writing to the relevant State educational agency that 20 the local educational agency is in compliance with such 21 requirements and will remain in compliance with such re- 22 quirements until August 15 of the following year. The 23 State educational agency shall report to the Secretary by 24 September 15 of each year a list of those local educational 25 agencies that have not filed the certification or against 26 VerDate Sep 11 2014 00:09 Jul 18, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 4363 IH which complaints have been made to the State educational 1 agency that the local educational agencies are not in com- 2 pliance with this section. 3 ‘‘(c) ENFORCEMENT.—If the Secretary determines 4 that a local educational agency has violated the require- 5 ments of this section or if a State educational agency does 6 not submit the report required under subsection (b) by 7 the deadline indicated in such subsection— 8 ‘‘(1) the Secretary shall direct the State or local 9 educational agency (as the case may be) to return to 10 the Secretary any funds received under this Act 11 (whether directly or through a subgrant from an- 12 other entity) that are unobligated as of the date of 13 such determination; and 14 ‘‘(2) such agency shall be ineligible to receive 15 funds under this Act until the agency complies with 16 such requirements or submits such report, as deter- 17 mined by the Secretary.’’. 18 SEC. 3. INSTITUTIONS OF HIGHER EDUCATION. 19 (a) IN GENERAL.—Part B of title I of the Higher 20 Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend- 21 ed by adding at the end the following: 22 VerDate Sep 11 2014 00:09 Jul 18, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 4363 IH ‘‘SEC. 124. REQUIREMENTS RELATING TO BIOLOGICAL 1 FAIRNESS IN WOMEN’S SPORTS. 2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 3 vision of law, no institution of higher education shall be 4 eligible to receive funds or any other form of financial as- 5 sistance under any Federal program, including participa- 6 tion in any federally funded or guaranteed student loan 7 program, unless the institution certifies to the Secretary, 8 not later than July 1 of each year, that the institution 9 is in compliance and will remain in compliance with the 10 requirements of Executive Order 14201 (90 Fed. Reg 11 9279; relating to keeping men out of women’s sports), as 12 in effect on the date of enactment of this section. 13 ‘‘(b) ENFORCEMENT.—If the Secretary determines 14 that an institution of higher education has violated the 15 requirements of subsection (a)— 16 ‘‘(1) the Secretary shall direct the institution to 17 return to the Secretary any funds received under 18 this Act that are unobligated as of the date of such 19 determination; and 20 ‘‘(2) such institution shall be ineligible to re- 21 ceive funds or otherwise participate in programs 22 under this Act until the institution complies with 23 such requirements, as determined by the Sec- 24 retary.’’. 25 VerDate Sep 11 2014 00:09 Jul 18, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 4363 IH (b) PROGRAM PARTICIPATION AGREEMENTS.—Sec- 1 tion 487(a) of the Higher Education Act of 1965 (20 2 U.S.C. 1094(a)) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(30) The institution will comply with the re- 5 quirements of section 124 relating to biological fair- 6 ness in women’s sports.’’. 7 Æ VerDate Sep 11 2014 00:09 Jul 18, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4363.IH H4363 ssavage on LAPJG3WLY3PROD with BILLS