Defend Girls Athletics Act

Bill Number

H.R. 4363

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Education

Status

Introduced

Latest Action

2025-07-14: Referred to the House Committee on Education and Workforce.

Last Updated

2025-11-19T09:07:20Z

AI-Generated Summary

Purpose of the Legislation

The "Defend Girls Athletics Act" (H.R. 4363) aims to promote fairness in women's sports by requiring elementary schools, secondary schools, and colleges to follow specific rules on athlete eligibility based on biological sex. This is tied to receiving federal education funding. It references Executive Order 14201, which focuses on preventing males from participating in women's sports categories.

Key Provisions

• Requirements for Elementary and Secondary Schools:
• Local educational agencies (LEAs, such as school districts) must ensure all schools they oversee comply with Executive Order 14201.
• LEAs must submit an annual written certification to their state educational agency (SEA) by August 15, confirming compliance through the next year.
• SEAs must report to the U.S. Secretary of Education by September 15 any LEAs that fail to certify or face complaints of non-compliance.

• Requirements for Institutions of Higher Education:
• Colleges and universities must certify annually to the Secretary of Education by July 1 that they comply with Executive Order 14201 and will continue to do so.
• This certification is required for eligibility in any federal funding program, including student loans.

• Enforcement Mechanisms (applicable to both K-12 and higher education):
• If non-compliance is found, the Secretary of Education can require the return of unspent federal funds.
• Non-compliant agencies or institutions become ineligible for future federal funds until they meet the requirements.
• For higher education, compliance is also added to program participation agreements under the Higher Education Act.

Significant Changes to Existing Law

• Amends Title VIII of the Elementary and Secondary Education Act of 1965 by adding a new section (8524A) that conditions federal funding on adherence to the executive order.
• Amends Part B of Title I and Section 487(a) of the Higher Education Act of 1965 by adding a new section (124) and a compliance clause, making certification mandatory for all federal higher education aid.
• These changes introduce new certification and reporting obligations not previously required, directly linking federal education funding to sports eligibility rules based on biological sex.

Potential Impacts

• On Government Agencies: The U.S. Department of Education gains enforcement authority, including monitoring certifications, investigating complaints, and withholding funds, which could increase administrative workload.
• On Citizens: Students, particularly female athletes in K-12 and college sports, may face stricter eligibility rules that prioritize biological sex over gender identity, potentially affecting participation in women's teams. Schools risk losing federal funding (which supports programs like Title I aid or student loans), possibly leading to budget cuts or program changes.
• On International Relations: No direct impacts mentioned, as the bill focuses on domestic U.S. education and sports.

Main Stakeholders Affected

• Educational Institutions: Local school districts, state education agencies, and colleges/universities, which must implement and certify compliance or risk funding loss.
• Students and Athletes: Especially girls and women in sports, whose access to teams may be limited based on biological sex determinations; transgender students could be directly impacted.
• Federal Government: The Department of Education, responsible for oversight and enforcement.
• Sports Organizations: Implicitly affected through school policies, including athletic associations that govern competitions.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Ties federal funding to compliance with an executive order, potentially conflicting with existing anti-discrimination laws like Title IX (which prohibits sex-based discrimination in education). This could lead to lawsuits over enforcement or definitions of "biological fairness."
• Constitutional Implications: Raises questions about equal protection under the 14th Amendment, as rules based on biological sex might be challenged for discriminating against transgender individuals. It also involves federal funding conditions, which courts have upheld if not coercive (per precedents like South Dakota v. Dole).
• Political Implications: The bill, introduced by multiple House members, reflects debates on gender, sports equity, and federal overreach in education; passage could polarize views on transgender rights versus women's sports protections, influencing future policy on similar issues.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Barr, Andy [R-KY-6]

Cosponsors (57)

Rep. McClain, Lisa C. [R-MI-9], Rep. Guthrie, Brett [R-KY-2], Rep. Tenney, Claudia [R-NY-24], Rep. Luna, Anna Paulina [R-FL-13], Rep. Nehls, Troy E. [R-TX-22], Rep. Bice, Stephanie I. [R-OK-5], Rep. Donalds, Byron [R-FL-19], Rep. Mace, Nancy [R-SC-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Ellzey, Jake [R-TX-6], Rep. Hinson, Ashley [R-IA-2], Rep. Zinke, Ryan K. [R-MT-1], Rep. Moore, Tim [R-NC-14], Rep. Norman, Ralph [R-SC-5], Rep. Bean, Aaron [R-FL-4], Rep. Shreve, Jefferson [R-IN-6], Rep. Gill, Brandon [R-TX-26], Rep. Moolenaar, John R. [R-MI-2], Rep. Webster, Daniel [R-FL-11], Rep. Smith, Christopher H. [R-NJ-4], Rep. Barrett, Tom [R-MI-7], Rep. Higgins, Clay [R-LA-3], Rep. Sessions, Pete [R-TX-17], Rep. Collins, Mike [R-GA-10], Rep. Biggs, Sheri [R-SC-3], Rep. Biggs, Andy [R-AZ-5], Rep. Loudermilk, Barry [R-GA-11], Rep. Stauber, Pete [R-MN-8], Rep. Williams, Roger [R-TX-25], Rep. Harshbarger, Diana [R-TN-1], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Hunt, Wesley [R-TX-38], Rep. Yakym, Rudy [R-IN-2], Rep. McGuire, John J. [R-VA-5], Rep. Houchin, Erin [R-IN-9], Rep. Buchanan, Vern [R-FL-16], Rep. Stutzman, Marlin A. [R-IN-3], Rep. Crenshaw, Dan [R-TX-2], Rep. Messmer, Mark B. [R-IN-8], Rep. LaLota, Nick [R-NY-1], Rep. Moore, Barry [R-AL-1], Rep. Haridopolos, Mike [R-FL-8], Rep. James, John [R-MI-10], Rep. Clyde, Andrew S. [R-GA-9], Rep. Rose, John W. [R-TN-6], Rep. Guest, Michael [R-MS-3], Rep. Finstad, Brad [R-MN-1], Rep. Patronis, Jimmy [R-FL-1], Rep. Jackson, Ronny [R-TX-13], Rep. McDowell, Addison P. [R-NC-6] and 7 more

Recent Actions

• 2025-07-14: Referred to the House Committee on Education and Workforce.
• 2025-07-14: Introduced in House
• 2025-07-14: Introduced in House

Bill Versions

• Defend Girls Athletics Act — issued 2025-07-14 — PDF (5 pages)