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 general Notwithstanding 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) Enforcement If 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..