S.Amdt. 1340

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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