119th Congress (2025-2026)

HR 4363

Defend Girls Athletics Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Defend Girls Athletics Act requires elementary schools, secondary schools, and colleges and universities to ensure ‘biological fairness’ in women’s sports as a condition for receiving federal funds. It mandates compliance with Executive Order 14201, which restricts men’s participation in women’s sports. Local and State educational agencies must certify compliance annually, and institutions of higher education must also certify annually and demonstrate ongoing compliance. Failure to comply could result in the return of federal funds and ineligibility for future funding.

Key provisions

Elementary and secondary schools must ensure compliance with Executive Order 14201.
Local educational agencies must annually certify compliance to State educational agencies.
State educational agencies must report non-compliant agencies to the Secretary of Education.
Institutions of higher education must annually certify compliance with Executive Order 14201.
Failure to comply can result in the return of federal funds.
Ineligible to receive funds until compliance is achieved.
Program participation agreements for higher education now include a requirement for biological fairness.
Annual certification deadlines are established for both local and higher education entities.

Who is affected

Elementary and secondary schools
Local educational agencies
State educational agencies
Institutions of higher education
Students participating in athletics

Notable changes

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

Reasons to support this legislation.

No arguments in favor have been submitted.

Submit yours

Arguments opposed

Reasons to oppose this legislation.

No arguments opposed have been submitted.

Submit yours

Legislative history

2025-07-14House

Referred to the House Committee on Education and Workforce.

2025-07-14

Introduced in House

2025-07-14

Introduced in House

Read the latest version inline or switch to a previous version.

Jul 14, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 4363

IN THE HOUSE OF REPRESENTATIVES

A BILL

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.

1.Short title

This Act may be cited as the

Defend Girls Athletics Act

2.Elementary and secondary schools

Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by inserting after section 8524 the following:

8524A.Requirements relating to biological fairness in women’s sports

(a)In generalAs a condition of receiving funds under this Act, a local educational agency shall ensure that each school under the jurisdiction of such agency complies with the requirements of Executive Order 14201 (90 Fed. Reg 9279; relating to keeping men out of women’s sports), as in effect on the date of enactment of this section.

(b)CertificationOn an annual basis not later than August 15 of each year, each local educational agency subject to the requirements of this section shall certify in writing to the relevant State educational agency that the local educational agency is in compliance with such requirements and will remain in compliance with such requirements until August 15 of the following year. The State educational agency shall report to the Secretary by September 15 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local educational agencies are not in compliance with this section.

(c)EnforcementIf the Secretary determines that a local educational agency has violated the requirements of this section or if a State educational agency does not submit the report required under subsection (b) by the deadline indicated in such subsection—

(1)the Secretary shall direct the State or local educational agency (as the case may be) to return to the Secretary any funds received under this Act (whether directly or through a subgrant from another entity) that are unobligated as of the date of such determination; and

(2)such agency shall be ineligible to receive funds under this Act until the agency complies with such requirements or submits such report, as determined by the Secretary.

3.Institutions of higher education

(a)In general

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

124.Requirements relating to biological fairness in women’s sports

(a)In generalNotwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary, not later than July 1 of each year, that the institution is in compliance and will remain in compliance with the requirements of Executive Order 14201 (90 Fed. Reg 9279; relating to keeping men out of women’s sports), as in effect on the date of enactment of this section.

(b)EnforcementIf the Secretary determines that an institution of higher education has violated the requirements of subsection (a)—

(1)the Secretary shall direct the institution to return to the Secretary any funds received under this Act that are unobligated as of the date of such determination; and

(2)such institution shall be ineligible to receive funds or otherwise participate in programs under this Act until the institution complies with such requirements, as determined by the Secretary.

(b)Program participation agreements

Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:

(30)The institution will comply with the requirements of section 124 relating to biological fairness in women’s sports.

HR 4363

Bill overview

Key provisions

Who is affected

Notable changes

Sponsors

Primary sponsor

Cosponsors

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Fiscal impact

Positions across the country