No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9344 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9344
To require the Secretary of Education to carry out a grant program to
promote youth sports programs in elementary and secondary schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 9, 2024
Ms. Williams of Georgia (for herself, Mr. Takano, Ms. Velazquez, Ms.
Tokuda, Mrs. Cherfilus-McCormick, Mr. Pocan, Mr. Cardenas, Mr. Carson,
Ms. Kamlager-Dove, and Ms. Lee of Pennsylvania) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To require the Secretary of Education to carry out a grant program to
promote youth sports programs in elementary and secondary schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Promotion of Youth
Sports Act of 2024''.
(b) Findings.--Congress finds the following:
(1) Title IX of the Education Amendments Act of 1972 (20
U.S.C. 1681 et seq.) broadly prohibits discrimination and
differential treatment in education programs and activities,
including in school sports, on the basis of sex (including
sexual orientation, gender identity, sex characteristics, and
pregnancy and related conditions).
(2) The Supreme Court held in Bostock v. Clayton County
that discrimination tied to sexual orientation or transgender
status ``necessarily entails discrimination based on sex; the
first cannot happen without the second''.
(3) For decades, Federal courts have consistently found
that title IX protects LGBTQI+ students, including the right of
transgender and nonbinary students to access sex-separated
school spaces, like bathrooms and sports programs. This remains
the strong majority position among Federal courts of appeals
and Federal district courts following Bostock.
(4) The intent of the initial title IX regulations with
respect to sex-separated sports teams was to foster the
equitable participation of women and girls in school sports
where they have been systematically excluded and denied such
opportunities, so that women and girls could be given the
resources and opportunities to develop their athleticism, not
to enforce separation based on purportedly innate differences
between men and women.
(5) Playing school sports improves students' academic
performance, graduation rates, and attendance, develops social
and leadership skills, and provides students with a support
network. These opportunities and impacts are particularly
important for children from marginalized groups like
transgender children, who face disproportionate hostility and
discrimination at school.
(6) Transgender youth who are supported, included, and
protected from discrimination in school can thrive and learn
just like their peers. Transgender youth who report being
supported and protected from discrimination consistently have
lower rates of negative health outcomes, including suicide
attempts. Transgender youth who play school sports report
higher grades and self-esteem, and lower rates of depression
and anxiety.
(7) More than 11 percent of LGBTQ youth have reported being
discouraged from playing sports due to their sexual orientation
or gender identity, and 16 percent of LGBTQ+ students reported
in 2021 that their K-12 schools barred them from playing on the
correct sports team.
(8) Since 2008, 17 States and the District of Columbia have
passed laws affirmatively protecting transgender students'
right to participate in interscholastic athletics. In those
States, participation numbers for women and girls in athletics
have remained steady or increased. As of 2021, in the States
that have banned transgender student participation,
participation rates have dropped among all girls.
(9) There were fewer athletic participation opportunities
for high school girls in 2019 than existed for boys in 1972,
when title IX was enacted.
(10) On the Division 1 level, colleges spend $2 on mens
sports for every $1 spent on womens sports. In all collegiate
athletics, there are 60,000 more athletic opportunities for men
than for women.
(11) Girls and women's high school sports teams are
consistently given less support and oversight, leading to them
receiving fewer resources and funding than boys' and men's
teams, including 1,300,000 more high school sports spots for
boys compared to girls, and allowing a pervasive culture of
abuse targeting young women to fester.
(12) Attacks on transgender children in sports also
negatively impact cisgender girls who do not conform to
traditional gender stereotypes, particularly Black and Brown
girls, through arbitrary questioning of the girlhood of
children and invasive and dangerous sex verification practices.
This includes forcing young students to submit documentation of
their reproductive information or even submit to genital exams
as a condition of playing.
(13) Over decades, a strong consensus has developed among
Federal courts that title IX has always protected LGBTQI+ youth
in school, including the right of transgender youth to
participate in school sports. These decisions indicate that the
justifications advanced thus far by anti-trans legislators are
unlikely to survive the heightened scrutiny required by the
Equal Protection Clause of the Fourteenth Amendment to the
United States Constitution.
SEC. 2. GRANT PROGRAM TO PROMOTE YOUTH SPORTS PROGRAMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Education (hereinafter referred
to as the ``Secretary'') shall establish a program to award grants to
eligible elementary schools and secondary schools (as such terms are
defined in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) to promote youth sports programs.
(b) Use of Grant Funds.--
(1) In general.--Grant funds awarded under this section
shall be used by grantees to promote and increase access to
youth sports by--
(A) expanding offerings of available athletic
programs;
(B) providing direct financial support for
facilities, equipment, uniforms, travel, and other
athletic program expenses to reduce barriers that limit
participation in existing athletic programs; or
(C) carrying out the activities described in both
subparagraphs (A) and (B).
(2) Grant period.--Grant funds awarded under this section
shall be available for one academic year. Any unused funds that
remain at the end of such academic year shall be returned to
the Secretary to award additional grants under this section.
(c) Eligibility.--An elementary or secondary school shall be
eligible for a grant under this section only if such school is in
compliance with the requirements of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations
implementing such title under part 106 of title 34, Code of Federal
Regulations, or any succeeding regulations.
(d) Application; Priority.--
(1) Application.--An eligible elementary or secondary
school desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
(A) a description of the proposed programs,
activities, and direct financial support to be provided
in whole or in part with grant funds under this
section, and the amount of grant funds requested for
such programs, activities, and support; and
(B) an assurance by the school that, with respect
to the provision of any program, activity, or financial
support provided in whole or in part with grant funds
under this section, the school will not discriminate on
the basis of sexual orientation, gender identity, or
sex characteristics (including intersex traits).
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to elementary and secondary
schools that demonstrate that grant funds will be used to
reduce barriers that limit participation of women and girls in
youth sports, particularly sports in which women and girls have
been historically underrepresented, by expanding offerings of
available athletic programs for women or girls, or providing
direct financial support for equipment, uniforms, travel, and
other athletic program expenses related to participation of
women and girls in existing athletic programs.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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