[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[House]
[Pages H4547-H4556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONGRESSIONAL DISAPPROVAL OF THE RULE SUBMITTED BY THE
DEPARTMENT OF EDUCATION RELATING TO ``NONDISCRIMINATION ON THE BASIS OF
SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL
ASSISTANCE''
General Leave
Ms. FOXX. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the joint resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Madam Speaker, pursuant to House Resolution 1341, I call up
the joint resolution (H.J. Res. 165) providing for congressional
disapproval under chapter 8 of title 5, United States Code, of the rule
submitted by the Department of Education relating to
``Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,'' and ask for its
immediate consideration in the House.
The Clerk read the title of the joint resolution.
The SPEAKER pro tempore. Pursuant to House Resolution 1341, the joint
resolution is considered read.
The text of the joint resolution is as follows:
H.J. Res. 165
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
disapproves the rule submitted by the Department of Education
relating to ``Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial
Assistance'' (89 Fed. Reg. 33474; published April 29, 2024),
and such rule shall have no force or effect.
The SPEAKER pro tempore. The joint resolution shall be debatable for
1 hour, equally divided and controlled by the chair and ranking
minority member of the Committee on Education and the Workforce or
their respective designees.
The gentlewoman from North Carolina (Ms. Foxx) and the gentlewoman
from Oregon (Ms. Bonamici) each will control 30 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to address the single most important
issue for the next generation of daughters soon to enter the world of
women's sports.
President Biden issued a final Title IX rule that would effectively
end a woman's right to female-only organized athletics. The resolution
up for debate today sponsored by the gentlewoman from Illinois (Mrs.
Miller) would put a stop to it.
A woman's athletic journey starts at a young age. At the outset, it
serves as a vital source of empowerment for young girls. Every young
woman remembers gym class and the experience of getting hit with a
rogue football or being caught in the middle of a boy-dominated dodge
ball dispute. Even from a young age, the inherent value of female-only
sports is readily apparent. Young girls grow together, learn from each
other, and earn a unique sense of female camaraderie.
Then some women get the chance to carry their talent on to college.
Post-
[[Page H4548]]
secondary athletic opportunities were slim prior to Title IX when I was
growing up. However, Title IX came around in 1972 and swung open the
doors to college athletics for women who had historically been excluded
from such opportunities.
As the first in my family even to graduate high school, I understood
the importance of Title IX to women's fight for access to post-
secondary education. I immediately saw the law as a means for women to
pursue their passion and further their education, just like the boys
did. It was a watershed moment.
Title IX ushered in a golden era for women's competition in
education. There is sanctity in the community and tradition of these
memories and these spaces and these opportunities for young girls. That
is why I want to preserve Title IX and ensure the same opportunities
for the next generation of daughters.
This is the task today. Congress has the choice before it to either
stand with Title IX and the protection of women, or don't. By adding
gender identity to Title IX's protected classes, the radical left and
the Biden administration will tear down women's sports and eliminate
safe and private spaces for girls.
The rule puts a man's perceived feelings of femininity on par with
actual womanhood rooted in biological sex. Effectively, it ensures that
anyone who says he is a woman can compete in women's sports, shower
with women, and go to the bathroom with women.
{time} 1315
My womanhood is not a costume, nor is my daughter's or my
granddaughter's. I find it offensive that the Biden administration
would treat it that way.
By equating perceived sex with biological sex, this rule is at odds
with reality. I, along with my Republican colleagues, stand firmly on
the side of reality against this onslaught of gender madness.
Biological sex exists. It existed when Title IX was first drafted. It
still exists today.
Moreover, this isn't just an issue of fiction versus reality. This is
an issue of fairness and safety. Men and women are not physiological
equals and treating them so is inherently unfair and dangerous.
The Biden administration's rule will strip women and girls of
athletic opportunities and put them in danger.
Finally, this rule prohibits female-only spaces, such as locker
rooms, bathrooms, and other sex-separated areas. I will stop at nothing
to ensure that America's daughters are not put in that situation.
Today, Congress is called upon to vote for young women across America
who would have opportunity, safety, and innocence ripped from them by
the Biden administration.
We cannot allow that. Therefore, I urge a ``yes'' vote on
Representative Miller's resolution, H.J. Res. 165, to stop Biden's
Title IX rule.
Madam Speaker, I reserve the balance of my time.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today to speak in strong opposition to H.J.
Res. 165, a Congressional Review Act resolution to repeal the Biden-
Harris administration's Title IX rule.
The administration's final Title IX rule does three things. First, it
safeguards against all forms of sex-based harassment and discrimination
by making several improvements to the 2020 Trump administration's Title
IX rule. These include requiring schools to take prompt and effective
acts to address sexual harassment as opposed to the lax Trump standard
that a school's response just not be deliberately indifferent.
The new rule places the duty to report possible discrimination on
more employees, in contrast to the old rule, which only required some
employees to report when they had actual, not possible, knowledge of
sexual discrimination or assault, and it recognizes that discrimination
based on sex includes discrimination based on sexual orientation and
gender identity following Supreme Court precedent.
Second, the Title IX rule promotes accountability and fairness in how
schools respond to and discipline sex-based discrimination by mandating
that schools handle complaints in a timely manner and implement a fair
and transparent process.
Finally, this rule empowers students and families to exercise their
rights under Title IX. The administration's Title IX rule explicitly
protects sexual assault survivors and people affected by discrimination
from retaliation for seeking to have their Title IX rights enforced.
Further, the rule guarantees access to supportive services for
survivors of sexual assault and accused individuals and, despite what
my colleagues repeatedly claim--I thought I was in the wrong debate for
a minute--this rule does not address students' participation in sports.
This false narrative follows the many attacks against the LGBTQI+
community in this House and State legislatures across the country. We
have had more than 60 anti-LGBTQI+ votes on the House floor this
Congress, and it is a distraction to claim that this rule harms women
in sports.
For example, the Department has not issued a separate proposed rule
to address athletics. They are working on it, but it has not been
finalized. That is not the debate we are having today.
Let me be clear: Trans girls like all girls deserve the opportunity
to participate on school sports teams, but my colleagues across the
aisle keep talking about athletics because they don't want to admit the
truth behind this resolution. The resolution is an attempt to undermine
nondiscrimination protections for LGBTQI+ students. LGBTQI students,
including trans students, deserve to go to school free from
discrimination, and that is what this rule is about.
It is not about bathrooms. In fact, the real risk of violence occurs
when transgender people are barred from using the appropriate facility.
Transgender people experience shockingly high rates of sexual and
physical violence and are much more likely to be a victim than a
perpetrator.
I am also extremely concerned about the false narrative that my
colleagues have invented to portray trans individuals as criminals
attempting to enter restrooms to harm others. That is not supported by
evidence or data.
Transgender people want the same thing everyone else wants: safety,
comfort, and privacy. We must work to protect the transgender community
from discrimination and stop the false narratives that exacerbate and
encourage prejudice against innocent people.
This bill is particularly extreme because passing it would prevent
any substantially similar rule from being enacted on these issues in
the future. Voting for this bill would prohibit protections for sexual
assault survivors and protections against discrimination on the basis
of sexual orientation or gender identity in schools that receive
Federal funding.
If Republicans truly cared about protecting women and children, they
would stop this prejudiced rhetoric and take action on bills that would
actually protect women from discrimination and harassment and defend
women's reproductive healthcare, make childcare more affordable, and
preserve opportunities in workplaces for all parents, especially women.
Instead, this joint resolution is another attempt to undercut this
administration's efforts to empower survivors and protect all Americans
from discrimination.
I do want to note that this is another plank in the extremist Project
2025 takeover of government that will sanction discrimination and strip
Americans of their rights and freedoms. That is on page 333 if you are
looking for it.
I also note that yesterday my Republican colleagues were supporting
dignity for dishwashers. I implore all of you to show some dignity to
the LGBTQI students who just want to go to school and learn free from
discrimination. Show some dignity to the girls and women who survive
sexual assault and deserve justice.
Madam Speaker, for these reasons and others, I encourage all of my
colleagues to vote ``no,'' and I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from
Illinois (Mrs. Miller), the vice chairman of the committee and sponsor
of this resolution.
Mrs. MILLER of Illinois. Madam Speaker, I thank Chairwoman Foxx for
[[Page H4549]]
making the restoration of Title IX such an important priority for this
committee.
Madam Speaker, we recently celebrated the 52nd anniversary of this
body passing Title IX.
Fifty-two years ago, everyone saw the need for equal opportunities in
education, scholarships, and athletics for our girls.
Title IX was enacted to do just that, but Joe Biden's new rule will
erase those protections and opportunities for our girls. Unfortunately,
the Democrats and the radical left don't know the difference between a
man and a woman.
I am proud to be leading this effort today to overturn Joe Biden's
unlawful and radical destruction of Title IX.
We keep hearing the Democrats parrot that they are just following the
Supreme Court's decision in Bostock. That is a lie.
The Supreme Court specifically said in that ruling that Bostock
should not be applied to Title IX. This is from the majority opinion in
Bostock: `` . . . we do not purport to address bathrooms, locker rooms,
or anything else of the kind,'' but Joe Biden does not care about
courts or the rule of law.
He will do anything to appease the radical left. Biden wants to force
biological men into our girls' showers and bathrooms, and the Biden
Title IX rule will be the end of girls' sports.
The prospect of this is sickening, and parents across this country
are horrified.
We must pray for a return to the Trump administration policies that
protected our girls from the vile leftwing agenda to force biological
men into our girls' safe spaces and sports.
Madam Speaker, I urge my colleagues to support this resolution and
stand up to Joe Biden.
Ms. BONAMICI. Madam Speaker, I will note that the Bostock case did
not expressly rule, but they did not say it does not apply. The issue
is not before them, and that is why several courts have actually
extended the ruling from Bostock to other civil rights laws.
Madam Speaker, I yield 2 minutes to the gentlewoman from Hawaii (Ms.
Tokuda).
Ms. TOKUDA. Madam Speaker, I thank Ranking Member Scott and my
Democratic colleagues on the Education and the Workforce Committee for
your leadership during this important debate.
Madam Speaker, I rise today in opposition of H.J. Res. 165, which
would reverse the Biden administration's Title IX rule.
Republicans want the American people to believe that this Title IX
rule endangers women and girls.
Republicans want the American people to believe that this Title IX
rule strips the due process rights of students accused of sexual
misconduct.
Republicans want the American people to believe that this Title IX
rule stifles students' free speech and undermines parental rights, but
they are lying.
The truth is, President Biden's historic Title IX rule strengthens
protections for women and girls, pregnant students, survivors of sexual
assault, and our LGBTQ+ students, plain and simple.
For 52 years, Title IX has paved the way to allow all of our children
to fully participate and engage in their education, in sports, and all
other forms of learning as their true authentic selves.
As the mother of Title IX, Patsy Takemoto Mink had a vision and a
dream for her daughter, and for all of our children: to live a life
free from the kind of discrimination she suffered as a woman of color.
Throughout her pursuit of higher education, she faced racial
discrimination, segregation, and limited opportunities all because she
was a woman.
Thanks to her groundbreaking advocacy and reforms, today millions
more Americans have equal access to opportunities in our Nation's
schools. I am humbled to serve in the seat that Patsy once held with
grit and grace. I cannot speak for her, but I know in my heart that she
would not stand for this kind of politicization of our children that we
are seeing here in this very Chamber.
House Republicans' efforts today will seriously gut Title IX and
undoubtedly restrict the Department of Education's ability to protect
our Nation's most marginalized and most vulnerable students.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. BONAMICI. Madam Speaker, I yield an additional 20 seconds to the
gentlewoman from Hawaii.
Ms. TOKUDA. Madam Speaker, every student deserves an education free
from harassment, discrimination, and violence, and as Americans, we
should not stand for this kind of intolerance. That is why I am voting
``no'' on H.J. Res. 165, and I encourage my colleagues to do so as
well.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Grothman), a member of the Education and the Workforce
Committee.
Mr. GROTHMAN. Madam Speaker, first of all, I thank Representative
Miller for introducing this Congressional Review Act.
I am old enough to remember when Title IX was passed back in 1972. I
will guarantee you, there was not one Congressman in this Chamber who
voted for that thing 50 years ago who believed that they were voting to
require men be allowed in women's sports or requiring men to be allowed
in the women's restroom. Nobody would have dreamed of that.
It is maybe a good example of why we should never give the Federal
Government more power around here. The question is: Why are we doing
it?
I think President Biden and the Democrats are doing it because he
wants to sympathize with the most radical of LGBT agendas.
{time} 1330
The best studies of gender dysphoria show that between 80 and 95
percent of the children who expressed discordant gender identity will
eventually come to identify with their bodily sex.
When we try to normalize this, when we try to say it is okay for guys
to participate in women's sports or okay for guys to use the women's
restroom, what we are doing is lessening the chances that people will
kind of come out of it and go back to their natural gender. I believe
that is the goal of President Biden's order.
In any event, I am glad we have this resolution. I think we should
pass this resolution so that local school districts are not required to
agree with somebody's feelings and are not forced to go into a
situation in which a person with these feelings is encouraged down this
path and, in some ways, made to feel like someone who is somewhat of a
hero for going down this path.
We must stand firm in protecting the rights and safety of women and
girls, preserving due process, and ensuring fairness in our educational
institutions.
Ms. BONAMICI. Madam Speaker, in making these important decisions, it
is important to rely on experts like child psychiatrists and
pediatricians.
I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms.
Jayapal), my colleague from the Education and the Workforce Committee.
Ms. JAYAPAL. Madam Speaker, I am proud to support the Biden
administration's new Title IX rule that recognizes every student
deserves to feel safe and explicitly prohibits discrimination and
harassment based on sexual orientation, gender identity, and sex
characteristics in schools.
Protecting kids should not be controversial. Allowing parents to
parent their kids without interference from the Federal Government
should not be controversial.
This cruel attack on LGBTQIA youth from congressional Republicans is
just the precursor to the Republicans' Project 2025, a horrific roadmap
for a Trump Presidency that would reverse foundational freedoms and
destroy our democracy. This 1,000-page manifesto would gut protections
for the LGBTQIA+ community and attacks marriage equality, offensively
claiming that same-sex marriages are less ``stable'' than so-called
``traditional families.''
According to a 2024 survey from the Trevor Project, in the last year,
almost half of the LGBTQIA+ youth experienced bullying, and over a
third have seriously considered attempting suicide.
The Biden administration's rule is a critical step to supporting our
LGBTQIA+ students and ensuring that they have the rights and
protections to be who they are without fear of retaliation, bullying,
or discrimination.
[[Page H4550]]
I am proud to represent Seattle in Congress. I am proud to be the mom
of a transgender daughter. I know the importance of protecting the
LGBTQIA+ community from discrimination and harassment. Washington State
has had these exact protections for LGBTQIA+ youth for 18 years. That
is right, 18 years. Our State is a clear example that protecting all
kids, no matter how they identify, is good policy that makes our
schools safer for everyone.
Republicans' cruel attempt to repeal President Biden's new Title IX
rule, fueled by fear tactics and misinformation, tells already
vulnerable children in schools that they do not belong. No one, no
child, should have to hide who they are to be accepted.
Madam Speaker, I urge my colleagues to vote ``no'' against this
hateful resolution.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg), a member of the Committee on Education and the
Workforce.
Mr. WALBERG. Madam Speaker, I rise today with a strong sense of
compassion but stronger support for H.J. Res. 165, which would overturn
the administration's radical rewrite of Title IX.
The Biden administration's failure to honor the vital protection
granted to women and girls, not to mention its disregard of existing
due process rights, is incredibly dangerous. Just read the rule. By
attempting to work toward what the rule calls educational equity, the
Biden administration has put women and girls in danger and sacrificed
their equal access in educational opportunities.
Their privacy has been invaded, making them vulnerable to many
threats, from physical harm in contact sports to sexual harassment in
unsupervised areas like bathrooms or locker rooms.
All it takes is to think about the safety of your own daughters or
granddaughters to realize that the Biden administration's Title IX
rewrite must be stopped.
For decades, women have courageously fought for and successfully
earned their equal protection under the law. The Title IX rule not only
forces a nonscientific and nonsensical gender ideology onto every
American but also undermines the progress of women's rights in our
country. It is an enormous step backward.
I have met with female athletes who have lost out on opportunities
because of a male taking their place. We have also seen the footage of
female athletes being physically hurt by male athletes. Courageous
voices, such as Riley Gaines, have had the courage to stand up and
speak for millions of young girls across our country who are at risk
because of the Biden administration's dangerous policy.
This resolution stands up for those young women and girls who have
found their voice and the courage to speak up for truth, fairness, and
science. I encourage support of this resolution.
Ms. BONAMICI. Madam Speaker, before yielding to Mr. Takano, I
reiterate that this rule is not about athletics. There is a separate
rule being drafted about addressing athletics. This is not it.
Also, I am concerned about the scare tactics that are being used.
Studies show that allowing trans people to use facilities consistent
with their gender identity does not result in increased safety risks.
Nondiscrimination laws do not allow men to go into women's bathrooms,
period. The claim that allowing transgender people to use facilities
that match the gender they live every day allows men into women's
bathrooms or women into men's bathrooms is based on a flawed
understanding of what it means to be a transgender person or a
misrepresentation of the law. The real risk occurs when transgender
people are barred from using the appropriate facilities.
Madam Speaker, I yield 2\1/2\ minutes to the gentleman from
California (Mr. Takano), my colleague from the Education and the
Workforce Committee.
Mr. TAKANO. Madam Speaker, I rise in strong opposition to the
resolution.
The Biden administration's rule strengthens and clarifies protections
against sex-based harassment and discrimination for LGBTQIA+ students,
pregnant students, and parenting students. Consistent with the Bostock
decision, the final rule clarifies that Title IX's protections extend
to cover discrimination on the basis of sexual orientation, gender
identity, sex characteristics, and sex stereotypes.
This is gravely needed for LGBTQIA+ students. Currently, 83 percent
of LGBTQIA+ students face victimization at school. In States with laws
that specifically target gay and transgender youth, the rate of hate
crimes in schools has quadrupled.
For these students, the explicit protections the Biden administration
has finalized will make a life-changing difference. This rule will
decrease absenteeism, improve mental health, and allow students
recourse when they are targets of harassment and violence.
Republicans, however, are seeking to overturn a rule precisely
because of the protections it extends to queer students and, with the
passage of this resolution, tear down all protections that this
essential rule clarifies.
This resolution will have drastic consequences. The protections that
the administration offers for pregnant and parenting students would
also be overturned. Survivors of sexual harassment and assault will
continue to face significant barriers to completing their education.
While Republicans claim this resolution is in the interest of women's
rights, their proposed solution will make the situation worse for
female students.
What overturning this rule does is exacerbates existing inequalities,
prevents any future administration from enacting a similar rule, and
then places the blame solely on the LGBTQIA+ community. It is
shortsighted, petty, and cruel.
Madam Speaker, I will vote against overturning this rule, and I urge
my colleagues to do the same.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
It is not we who are misleading the American people or scaring the
American people. Just read the regulation, which says that schools are
not allowed to prevent a person from participating in an education
program or activity consistent with the person's gender identity. There
are exceptions to the general policy included in the regulations, but
athletics are not included among the exceptions.
We are not misleading or lying. The other side is misleading.
It is true the Biden administration has proposed a separate rule on
athletics, but it is also true the Biden administration is using that
proposed rule to mislead the American people and Congress into thinking
athletics aren't affected by the rule this resolution would stop.
Thankfully, the American people can see through the Biden
administration's attempts to mislead. We have an opportunity to pass
this resolution and protect women's sports.
Madam Speaker, I yield 2 minutes to the gentleman from Utah (Mr.
Owens), chair of the Higher Education and Workforce Development
Subcommittee.
Mr. OWENS. Madam Speaker, I rise today, as the father of 5 daughters
and the grandfather of 12 girls, with a simple truth: Women's sports
are for women; girls' sports are for girls; female bathrooms and locker
rooms are for females.
When Title IX became law in 1972, it was a watershed moment for the
hopes and dreams of every female in America. It was a game changer for
women and girls in sports to showcase their talents without
discrimination or prejudice.
Unfortunately, the Biden administration wants biological men to
compete with women so badly that they are willing to erase decades of
progress, placing women and girls in vulnerable, unfair, and dangerous
situations, undermining the very protections Title IX was designed to
uphold.
President Biden and the Democrats think they can redefine women's
sports by redefining fairness. They believe that by replacing the word
``equality'' with ``equity,'' Americans will come to embrace their
Marxist view. They believe that we will learn to reject science, God's
wisdom, and good old common sense. They are wrong because they simply
do not understand the American way.
The American way does not deny biological reality, and because of its
instinctive respect for womanhood, the American way would never deny
women and girls the protections they deserve from men.
[[Page H4551]]
Our resolution under the Congressional Review Act isn't just about
pushing back against administration overreach. It is about standing up
for fairness, safety, and equal opportunity. We cannot allow
ideological extremism to dictate policy, especially when it disregards
scientific facts and threatens the safety of women and girls.
House Republicans are taking a stand to protect women and girls from
President Biden's misguided attempts to redefine biological reality. We
refuse to allow our daughters to compete in unsafe environments or
compromise their dignity in locker rooms and bathrooms.
Madam Speaker, I urge my colleagues to support H.J. Res. 165 to stop
the Biden administration's attacks on women and girls.
Ms. BONAMICI. Madam Speaker, I yield 2\1/2\ minutes to the gentleman
from Virginia (Mr. Scott), the ranking member of the full committee.
Mr. SCOTT of Virginia. Madam Speaker, I rise in opposition to H.J.
Res. 165, the Congressional Review Act resolution aimed at repealing
the Biden-Harris administration's Title IX rule.
This rule is crucial for three reasons.
First, it ensures protections against all forms of sex-based
harassment and discrimination. It overturns problematic provisions from
the previous administration's rule that allowed educational
institutions to ignore harassment and discrimination that happens off-
campus, even if it is at an event sponsored by a college organization.
It extends this protection to LGBTQIA+ youth, aligning with recent
Supreme Court precedent.
Second, it enhances accountability in how schools handle
discrimination complaints, including expanding the number of employees
required to report problems. It mandates timely responses and fair
processes, unlike the previous rule that allowed unreasonable delays,
and ensures equitable treatment for all involved.
Third, it empowers students and families to exercise their Title IX
rights without fear of retaliation. It supports survivors and provides
necessary services while maintaining due process for the accused.
By the way, this rule does not address participation in sports. As
has been said, that is the subject of another rule that has not been
finalized. The rule does not change anything about sports participation
that is already happening.
{time} 1345
Unfortunately, this resolution has been clouded by misinformation,
unfounded fears, and with some just hatred of transgender individuals.
We must reject these narratives and focus on real issues of safety and
equity.
This resolution, if passed, would prevent future administrations from
enacting similar protections, undermining progress and safeguarding
women, LGBTQ individuals, and survivors of sexual assault.
Let us prioritize issues like reproductive healthcare, affordable
childcare, and closing the gender pay gap instead of perpetuating
harmful stereotypes.
Madam Speaker, I urge all of my colleagues to oppose this resolution.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Good), the chairman of the Subcommittee on Health,
Employment, Labor, and Pensions.
Mr. GOOD of Virginia. Madam Speaker, I rise today in strong support
of this resolution to nullify the Biden administration's harmful Title
IX rule that for the first time includes sexual orientation and gender
identity in the definition of sex.
With the stroke of a pen, the Biden administration is making law
apart from congressional action, destroying Title IX's promises of
equal opportunity for women and eliminating single-sex spaces like
bathrooms, locker rooms, and campus housing for female students from
kindergarten through grad school.
This forces schools to adopt progressive Democrats' radical worldview
that sex is something that can change on a whim and is not a God-
created, scientifically immutable design embedded in our DNA.
Democrats would rather perpetuate the harm of gender confusion than
stand up for women and girls. Thankfully, the courts have intervened,
and this rule is temporarily blocked from going into effect in 14
States, including my home State of Virginia, but if this resolution
isn't successful today, a majority of American schoolchildren and
teachers will suffer under this policy when they return to school next
month.
This school year, we can expect to see more boys joining girls'
sports teams in middle school and high school, thanks to Democrats'
radical progressive policies.
You can thank our radical Democrat friends when your daughter finds
out her freshman roommate is actually a man.
Brace yourself for the onslaught of investigations at the Department
of Education's Office of Civil Rights when teachers and students who
refuse to use nonbiological pronouns are reported to the authorities.
I appreciate Representative Miller's effort to protect women and
girls. I am proud to support this legislation, and I urge all of my
colleagues to nullify the Biden administration rule by supporting H.J.
Res. 165.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
I just want to point out that it is definitely not the first time
that the definition of discrimination based on sex included sexual
orientation and gender identity, because Trump-appointed Justice Neil
Gorsuch did exactly that in the Bostock v. Clayton County case.
I also note that in this resolution, they are saying it is going to
hurt girls and women. It absolutely will not. It is going to strengthen
protections for girls and women because it ensures colleges and
universities properly address sexual violence, violence that
disproportionately impacts girls and women. The rule clarifies
protections for pregnant and parenting students, and the rule
explicitly clarifies protections for the LGBTQI community, including
lesbian, bisexual, and transgender girls and women.
As Representative Jayapal said, these rules and protections have been
in effect in many States, and the sky is not falling. People are free
from discrimination in those places.
Republicans are just repeating the lie that they are standing up for
women to hide from the radical antiwomen agenda. You don't have to take
our word for it. Leading gender justice organizations, like the
National Women's Law Center, the American Association of University
Women, and Girls Inc., all oppose this resolution to repeal the Title
IX rule. That is why these groups, and more than 100 organizations
working to advance gender justice, LGBTQI rights, civil rights, and
student rights have written to Congress urging us to oppose this
resolution.
Madam Speaker, I include in the Record a letter from the Coalition of
Gender Justice, LGBTQI+ rights, civil rights, and student rights
groups, opposing H.J. Res. 165.
June 13, 2024.
Re Coalition of Gender Justice, LGBTQI+ Rights, Civil Rights,
and Student Rights Groups Urges Members to Oppose H.J.
Res. 165
Dear Member of Congress: The undersigned organizations who
work to advance gender justice, LGBTQI+ rights, civil rights,
and student rights urge you to oppose H.J. Res. 165, and its
companion legislation in the Senate, which would undo the
U.S. Department of Education's recently published final rule
that strengthens Title IX's protections against sex-based
discrimination in federally funded schools. Not only would
H.J. Res. 165 overturn the entirety of the protections set
out in the rule, it would prevent any future effort to
reinstate any of these protections. This effort must be
rejected, as the U.S. Department of Education's recently
finalized rule reinforces and restores Title IX's
protections, ensuring that every student has the right to a
safe and welcoming learning environment, free from sex
discrimination, including LGBTQI+ students, survivors of
sexual assault and other sex-based harassment, and pregnant
and parenting students.
The updates clarify that Title IX protects against
discrimination on the basis of sexual orientation and gender
identity. With a staggering 83% of LGBTQI+ youth reporting in
school victimization--and 62% of those who have faced
victimization never reporting an incident to school staff--
the Title IX updates will clarify remedies for students
facing all types of sex-based harassment and hold school
officials accountable for fostering safer school
environments. This regulatory clarification ensures that
LGBTQI+ youth will be able to equally participate in
educational opportunities, from being able to attend prom
with a date of their choice and wearing clothes that reflect
their gender expression to using a restroom that corresponds
with their gender identity.
[[Page H4552]]
We collectively reject the false narrative that equal
educational opportunity for transgender and non-binary
students undermines protections for cisgender girls and
women. Transgender women are women and transgender girls are
girls who deserve the full protection of federal civil rights
law. Policies that seek to undermine protections for
transgender women and girls--whether in accessing school
restrooms or playing sports--harm all women and girls by
allowing them to be subjected to unwarranted and
inappropriate scrutiny. This scrutiny also falls particularly
hard on women and girls of color who do not follow white
standards of womanhood, and any cisgender woman or girl who
fails to conform to sex-based stereotypes of femininity
because of how they look or act. Further, schools across the
country have had gender identity nondiscrimination policies
in place for years without any issue, and comprehensive
nondiscrimination policies that explicitly enumerate gender
identity are associated with safer school environments that
result in lower rates of discrimination. Such policies are
especially critical for sex-separated spaces such as
bathrooms and locker rooms. Transgender and nonbinary
students avoid sex-separated spaces at higher rates than
their LGBQ+ peers, and delayed use of bathrooms can result in
adverse impacts on a youth's physical and physiological
state, mental health, and academic success and attention at
school. Forcing transgender and nonbinary students into sex-
separated spaces that are inconsistent with their gender
identity may result in increased risk of bullying and
physical harassment. In fact, survivor-led organizations and
anti-sexual assault and domestic violence organizations
support full and equal access for transgender people to use
restrooms and locker rooms that align with their gender
identity.
Additionally, the Title IX rule reverses the Trump
administration's 2020 Title IX rule that significantly
weakened protections for student survivors seeking help in
the wake of their victimization and incentivize schools to
further sweep sexual harassment and assault under the rug.
Undoing the 2020 Title IX rule brings justice to survivors by
ensuring they are not denied their right to educational
opportunities in the wake of sexual assault or harassment.
The updates to the Title IX rule no longer allow schools to
ignore many reports of sexual assault and remove unfair
hurdles uniquely faced by student survivors in their schools'
investigations--hurdles that students and employees
complaining about any other type of misconduct do not have to
experience.
Lastly, the updates to the Title IX rule provide greater
clarity on pregnant and parenting students' rights, including
affirmative steps schools must take to ensure those students
are aware of their rights. Schools must provide reasonable
accommodations, such as the ability to take breaks and access
to a sanitary and private lactation room. According to the
CDC, roughly 50% of teenagers who become pregnant and give
birth withdraw from school and do not receive their high
school diplomas by age 22. Research indicates that
discrimination plays a major role in students having to
withdraw early from school, despite pregnant and parenting
students earning higher GPAs than their non-parenting peers.
These Title IX rule clarifications are much-needed to ensure
pregnant and parenting students have a right to equal
education opportunities.
Every student deserves to have an education free from
discrimination and harassment, including on the basis of sex.
We urge you to oppose H. Res. 165, and any efforts to
undermine this milestone rule that ensures equal educational
opportunity for LGBTQI+ students, survivors of sexual assault
and harassment, and pregnant and parenting students.
Sincerely,
A Better Balance, AFT, All* Above All, Alliance for Girls,
American Association of University Women, American Atheists,
American Humanist Association, American Psychological
Association, Arab American Institute (AAI), Ascend, Athlete
Ally, Autistic Self Advocacy Network, CA LGBTQ Health and
Human Services Network, Center for WorkLife Law, CenterLink:
The Community of LGBTQ Centers, Chicago Alliance Against
Sexual Exploitation (CAASE), Clearinghouse on Women's Issues,
Clery Center, Colorado Teen Parent Collaborative, Doctors for
America.
EdTrust, Education Law Center, Education Law Center
Pennsylvania, End Rape On Campus, Equal Rights Advocates,
Equality California, ERA Coalition, Esperanza United, Family
Equality, Feminist Majority Foundation, Generation Hope,
Girls Inc., GLAAD, GLSEN, Guttmacher Institute, Healthy Teen
Network, Human Rights Campaign, Human Rights First,
Immigration Equality, Institute for Women's Policy Research.
interACT: Advocates for Intersex Youth, Ipas, It's On Us,
Japanese American Citizens League, Jewish Women
International, Just Solutions, Justice and Joy National
Collaborative (formerly National Crittenton), Know Your IX,
Advocates for Youth, Legal Momentum, The Women's Legal
Defense and Education Fund, Los Angeles LGBT Center,
MomsRising, Monsoon Asians & Pacific Islanders in Solidarity,
Movement Advancement Project, Mujeres Latinas en Accion,
National Asian Pacific American Women's Forum, National
Association of Councils on Developmental Disabilities,
National Association of Social Workers, National Center for
Lesbian Rights, National Center for Parent Leadership,
Advocacy, and Community Empowerment (National PLACE),
National Council of Jewish Women.
National Education Association, National Latina Institute
for Reproductive Justice, National LGBTQI+ Cancer Network,
National Organization for Women, National Women's Law Center,
National Women's Political Caucus, Network for Victim
Recovery of DC (NVRDC), Nevada Coalition to End Domestic and
Sexual Violence, PFLAG National, Population Institute, Public
Justice, Reproductive Freedom for All (formerly NARAL Pro-
Choice America), Rocky Mountain Victim Law Center, Sexual
Violence Prevention Association (SVPA), Silver State
Equality-Nevada, Stop Sexual Assault in Schools,
Supermajority, Tahirih Justice Center, The Trevor Project,
Trans Empowerment Project.
Trans Formations Project, Transgender Law Center, Ujima,
The National Center on Violence Against Women in the Black
Community, UltraViolet, Victim Rights Law Center,
VOICEINSPORT Foundation, Women's March, Women's Sports
Foundation, YWCA USA.
Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Mrs. McClain), a member of the Committee on Education and the
Workforce.
Mrs. McCLAIN. Madam Speaker, today, our girls are under attack. Our
daughters are under attack.
I ask this: What about their freedoms? What about their rights? Do
they not have any rights? Do they not have any freedoms?
I say they do. I am here to protect women's and girls' rights and
freedoms.
For more than 50 years, Title IX has ensured our daughters have
access to quality education and athletic programs. Now, President Biden
and his bureaucrats at the Department of Education, are hell-bent on
erasing those vital protections for our girls.
This rule to redefine sex discrimination on the basis of gender
identity will force schools to provide biological men, who claim to be
women, access to women's locker rooms. Yes, that is the truth. That is
not fear. That is the truth.
They will also be allowed to go to their same bathrooms. What about
our daughters' rights? What about our daughters' freedoms? What about
their rights? What about girls' rights and women's rights to have
safety and feel secure? Do they not have any rights anymore?
They should not be an expense at all. This is absolutely ridiculous.
You want to talk about us fearmongering? If these allegations that we
are talking about right now wouldn't be true, he wouldn't have had to
redefine the law without congressional consent. He did it with a stroke
of his pen.
The rule to redefine sex discrimination on the basis of gender
identity will force schools to provide biological men, who claim to be
women, access to women's locker rooms.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. FOXX. Madam Speaker, I yield an additional 15 seconds to the
gentlewoman from Michigan.
Mrs. McCLAIN. Madam Speaker, that is why this CRA is so important,
and that is why I am proud to cosponsor it. Why? Because I will stand
up for women and girls.
Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Bean), the chairman of the Subcommittee on Early
Childhood, Elementary, and Secondary Education.
Mr. BEAN of Florida. Madam Speaker, do you remember the 1970s? It was
the decade of bell-bottom pants, lava lamps, and disco, but the
seventies went beyond fads. Profound changes to societal norms took
root, particularly for women, in 1972.
In 1972, women were paid 60 percent less than men. Single women
couldn't buy a home without a cosigner. Even more jarring, only 1 in 27
girls participated in high school sports.
The tide began to turn that year with the passage of Title IX, the
monumental legislation that leveled the playing field to ensure women
and girls have an equal opportunity in education and sports.
More than just throwing a ball, playing a sport means learning
lifelong skills, leadership, teamwork, and discipline. Title IX paved
the way for girls to compete and lead in athletics.
It has been 52 years since 1972, yet Democrats are trying to reverse
many
[[Page H4553]]
decades of revolutionary change by allowing men to compete against
women. It is what the woke progressive mob calls equality.
Every time a male takes a lane in a pool, a spot on the field, or on
the starting line, a female athlete loses the opportunity to compete.
Madam Speaker, that doesn't sound very equal to me.
There is a reason that men's sports and women's sports are separate.
The inclusion of men into women's sports breaches the privacy of all
athletes, compromises fairness and safety, and subverts opportunities
for women.
Madam Speaker, today, I say ``no'' to men competing in women's
sports. I say ``no'' to men in women's locker rooms. I say ``no'' to
men in women's showers. I say ``no'' to the Biden administration's
proposed changes that will allow all of this when they try to change
Title IX.
That is why today, Madam Speaker, we are in a battle of survival for
women's sports. We have to pass the resolution. I stand in support of
the resolution and ask for your help. Let's go get it done.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
I just want to note that there are so many groups, domestic violence
and sexual assault organizations, such as the National Alliance to End
Sexual Violence, National Center on Domestic and Sexual Violence, that
have all signed onto a national consensus statement of anti-sexual
assault and domestic violence in support of full and equal access for
the transgender community.
They noted: Nondiscrimination laws do not allow men to go into
women's restrooms or locker rooms, period. The claim that allowing
transgender people to use the facilities that match the gender they
live every day, that it allows men into women's bathrooms or women into
men's, is based on a flawed understanding of what it means to be
transgender.
I will note that out of approximately 110,000 collegiate athletes,
there are approximately 35 who identify as transgender.
Nondiscrimination laws protecting transgender people have existed for
a long time. In some cases, these protections have been in place for
decades. The laws have protected people from discrimination without
creating harm. None of those jurisdictions have seen a rise in sexual
violence or other public safety issues due to nondiscrimination laws.
Assaulting another person in a restroom or a changing room or a
locker room is against the law in every State, including under this
rule.
I include in the Record a letter from the National Task Force to End
Sexual and Domestic Violence Against Women in opposition to this
resolution and in support of full and equal access for the transgender
community.
National Task Force to End Sexual and Domestic Violence
Against Women,
April 21, 2016.
NATIONAL CONSENSUS STATEMENT OF ANTI-SEXUAL ASSAULT AND DOMESTIC
VIOLENCE ORGANIZATIONS IN SUPPORT OF FULL AND EQUAL ACCESS FOR THE
TRANSGENDER COMMUNITY
We, the undersigned sexual assault and domestic violence
organizations, oppose anti-transgender initiatives. These
initiatives utilize and perpetuate the myth that protecting
transgender people's access to restrooms and locker rooms
endangers the safety or privacy of others. As organizations
that care about reducing assault and violence, we favor laws
and policies that protect transgender people from
discrimination, including in accessing facilities that match
the gender they live every day.
States across the country have introduced harmful
legislation or initiatives that seek to repeal non-
discrimination protections or restrict transgender people's
access to gender-specific facilities like restrooms. Those
who are pushing these proposals have claimed that these
proposals are necessary for public safety and to prevent
sexual violence against women and children. As rape crisis
centers, shelters, and other service providers who work each
and every day to meet the needs of all survivors and reduce
sexual assault and domestic violence throughout society, we
speak from experience and expertise when we state that these
claims are false.
Nondiscrimination laws protecting transgender people have
existed for a long time. Over 200 municipalities and 18
states have nondiscrimination laws protecting transgender
people's access to facilities consistent with the gender they
live every day. In some cases, these protections have been in
place for decades. These laws have protected people from
discrimination without creating harm. None of those
jurisdictions have seen a rise in sexual violence or other
public safety issues due to nondiscrimination laws.
Assaulting another person in a restroom or changing room
remains against the law in every single state. We operate and
advocate for rape crisis centers and shelters all over the
country, including in cities and states with non-
discrimination protections for transgender people. Those
protections have not weakened public safety or criminal laws,
nor have they compromised their enforcement.
Nondiscrimination laws do not allow men to go into women's
restrooms--period. The claim that allowing transgender people
to use the facilities that match the gender they live every
day allows men into women's bathrooms or women into men's is
based either on a flawed understanding of what it means to be
transgender or a misrepresentation of the law.
It may be hard to understand the experiences of transgender
people, especially if you have never met a transgender
person. We believe in respecting the identities of
transgender people. Transgender people live in a society that
often discriminates against them and makes it much harder for
them to participate in the routines of daily life.
The efforts to ban transgender people from using public
restrooms obscures the fact that all of us, including
transgender people, are deeply concerned about safety and
privacy in restrooms. Transgender people already experience
unconscionably high rates of sexual assault--and forcing them
out of facilities consistent with the gender they live every
day makes them vulnerable to assault. As advocates committed
to ending sexual assault and domestic violence of every kind,
we will never support any law or policy that could put anyone
at greater risk for assault or harassment. That is why we are
able to strongly support transgender-inclusive
nondiscrimination protections--and why we oppose any law that
would jeopardize the safety of transgender people by forcing
them into restrooms that do not align with the gender they
live every day.
It is natural to be concerned about safety and privacy. As
advocates and survivors, we know the threat of sexual assault
is real and pervasive. Every time we hear of someone who
speaks of their assault or abuse, we feel their pain. The
safety fears that many have, especially those who are
survivors, are not baseless or irrational, nor should they be
dismissed. However, discriminating against transgender people
does nothing to decrease the risk of sexual assault.
Discriminating against transgender people does not give
anyone more control over their body or security. Those who
perpetuate falsehoods about transgender people and
nondiscrimination laws are putting transgender people in
harm's way and making no one safer. We cannot stand by while
the needs of survivors, both those who are transgender and
those who are not, are obscured in order to push a political
agenda that does nothing to serve and protect victims and
potential victims. We will only accomplish our goal of ending
sexual violence by treating all people, including those who
are transgender, with fairness and respect.
National Organizations:
9to5 National Association of Working Women, Alliance for
HOPE International, Alliance for Strong Families and
Communities, American Association of University Women,
American Dance Therapy Association, American Psychological
Association, Asian Pacific Institute on Gender Based
Violence, Battered Women's Justice Project, Break the Cycle,
Center for Women Policy Studies, End Violence Against Women
International, Faith Trust Institute, Futures Without
Violence, Hollaback!, Jewish Women International.
Just Detention International, Know Your IX, Legal Momentum,
Men As Peacemakers, Men's Story Project, National Alliance
for Partnerships in Equity (NAPE), National Alliance to End
Sexual Violence, National Center for Victims of Crime,
National Center on Domestic and Sexual Violence, National
Coalition Against Domestic Violence, National Clearinghouse
for Defense of Battered Women, National Council of Jewish
Women, National Domestic Violence Hotline, National Housing
Law Project, National Indigenous Women's Resource Center,
National Latina@ Network: Casa de Esperanza.
National Network to End Domestic Violence, National
Organization for Men Against Sexism, National Organization
for Women, National Organization of Asian Pacific Islanders
Ending Sexual Violence, National Organization of Sisters of
Color Ending Sexual Assault, National Organization for Victim
Assistance, National Resource Center on Domestic Violence,
National Women's Law Center, Praxis International, Resource
Sharing Project, Stop it Now!, Support Network of Advocates
for Protective Parents, UltraViolet, Women of Color Network,
YWCA.
Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Moran), a member of the Committee on Education and the
Workforce.
Mr. MORAN. Madam Speaker, today, I rise in support of H.J. Res. 165
introduced by Congresswoman Miller.
[[Page H4554]]
It is disheartening that there is even a need for this legislation,
but it is needed because President Biden has led a crusade against
biological reality and common sense.
This new Title IX rule erodes underlying protections for women and
girls. As a father of two young ladies, I can tell you that I am
devastated and appalled by the action of the Department of Education.
Title IX was written to protect women by ensuring equal opportunities
for young women and girls in educational programs. However, this new
rule, promoted by radical ideologies, shatters it by redefining ``sex''
to include sexual orientation and gender identity.
By redefining ``sex'' under Title IX, the administration will
effectively allow biological males into female-only spaces, including
locker rooms and bathrooms.
Additionally, this Biden rule will impact women's sports as the final
rule does not create any carve-out for women's athletics. Under this
rule, local school districts will be required to allow biological men
to compete in women's sports or risk losing their funding.
Contrary to the administration's new rule, this resolution today
guarantees a level playing field to uphold athletics' core principles
of integrity and fairness, and it reaffirms that boys will be boys and
girls will be girls.
Democrats are weaponizing the Department of Education by blurring the
lines between men and women, and this new rule blatantly disregards
common sense and the natural laws of this world and, frankly, of God,
putting women and girls at a disadvantage and a risk. It is vital that
we pass this Congressional Review Act to uphold the original intent of
Title IX.
We must vote to protect our girls and our women in support of this
resolution and dismantle the left's radical ideology and undo this
nonsensical rule by the Department of Education. We must pass this
resolution.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
I just want to respond to ``the natural laws of this world.'' It is
not a new concept. There are two-spirit people in Native-American
culture. There are hijra people in South Asia and many more in Judaism.
For example, the Talmud, the sacred text, lists six genders. The sky is
not falling.
I also note that the gentleman referred to redefining ``sex'' to
include sexual orientation and gender identity as some sort of novel or
woke concept. I suggest you take that up with the Trump-appointed
Justice Neil Gorsuch because he wrote the opinion making clear that sex
discrimination includes discrimination based on sexual orientation and
gender identity.
I include in the Record letters from the American Library
Association, the National Education Association, and the Consortium for
Constituents with Disabilities. These three letters are all in
opposition to H.J. Res. 165.
ALA American Library Association,
June 11, 2024.
Re H.J.Res. 165, Title IX rule disapproval--OPPOSE
Hon. Virginia Foxx,
Chairwoman, Committee on Education and the Workforce, US
House of Representatives.
Hon. Robert C. ``Bobby'' Scott,
Ranking Member, Committee on Education and the Workforce, US
House of Representatives.
Dear Chairwoman Foxx and Ranking Member Scott: On behalf of
the American Library Association (ALA), I write to
respectfully oppose H.J. Res. 165, ``Providing for
congressional disapproval under chapter 8 of title 5, United
States Code, of the rule submitted by the Department of
Education relating to `Nondiscrimination on the Basis of Sex
in Education Programs or Activities Receiving Federal
Financial Assistance.' ''
The Department of Education's Title IX rule, issued April
29, 2024, applies the Supreme Court's ruling in Bostock v.
Clayton County, 590 U.S. 644 (2020), to codify that Title IX
prohibits discrimination on the basis of sexual orientation
or gender identity. By doing so, the rule clarifies that
recipients of Education Department funding may not
discriminate against LGBTQI+ library workers or students in
employment opportunities or the delivery of library services
(e.g., removal of library materials in a discriminatory
manner).
All Americans deserve equal opportunity in education,
employment, and the freedom to read. We urge Congress to
defend the rights of students and library workers by
rejecting H.J.Res. 165. If we can provide more information,
please contact Gavin Baker ([email protected]).
Sincerely,
Alan S. Inouye, Ph.D., Senior Director, Public Policy &
Government Relations and Interim Associate Executive
Director, American Library Association.
____
National Education Association,
June 12, 2024.
Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Representative: On behalf of the National Education
Association's 3 million members and the 50 million students
they teach and support in public schools and public colleges
and universities, we appreciate the opportunity to offer
comments for the Committee's markup of H.R. 7227, the Truth
and Healing Commission on Indian Boarding School Policies
Act, and H.J. Res. 165, pertaining to the Department of
Education rule regarding nondiscrimination in education
programs and activities receiving federal funding.
We urge you to vote YES on H.R. 7227 and NO on H.J. Res.
165. Votes related to these issues may be included in the NEA
Report Card on the 118th Congress.
H.R. 7227, the Truth and Healing Commission on Indian Boarding School
Policies Act
NEA members are grateful to the Committee for your
leadership--especially significant when there is such
division in our nation--in advancing H.R. 7227. The bill's
bipartisan sponsorship signals that it is still possible for
us to come together, regardless of political party, to
illuminate historical wrongs.
The Truth and Healing Commission on Indian Board School
Policies Act will shine a light on the impact of Indian
boarding schools on the hundreds of thousands of American
Indian, Alaska Native, and Native Hawaiian children who were
taken from their families and Tribes from at least 1860 until
1978. The schools were not places of education; they were
tools for colonization, assimilation, and genocide. Many
children died, went missing, or were murdered while in the
custody of the boarding schools, and those who survived were
often the victims of physical, sexual, psychological, and
spiritual abuse. The schools caused the loss of connection to
language, culture, families, and Tribes.
H.R. 7227 would provide for a full inquiry into the
policies of the boarding schools through locating church and
government records, compiling evidence of the ongoing effects
of intergenerational trauma, and collecting testimony from
survivors and Tribes. Information resulting from the inquiry
would be shared with the public within five years.
H.J. Res. 165, pertaining to the Department of Education rule regarding
nondiscrimination in education programs and activities receiving
federal funding
H.J. Res. 165 would undo the recent Title IX rule
protecting LGBTQI+ students, survivors of sexual violence or
harassment, and students who are pregnant or parents. It must
be rejected because it would undercut the U.S. Department of
Education's recently finalized rule reinforcing and restoring
Title IX's protections, which are meant to ensure that every
student has the right to a safe and welcoming learning
environment, free from sex discrimination.
The Department of Education updates clarify Title IX's
protections against discrimination on the basis of sexual
orientation and gender identity, at a time when 83% of
LGBTQI+ youth report in-school victimization, yet 62% of
those who have been victimized never inform school staff of
the incident. The Title IX updates will clarify remedies for
students facing sex-based harassment, hold school officials
accountable for fostering safer school environments, and
ensure that LGBTQI+ youth can participate equally in
educational opportunities, ranging from attending the
restroom that corresponds with their gender identity, to
going to prom with the person of their choice
H.R. 7227 moves our nation forward on the path to healing
and reconciliation, while H.J. Res. 165 pushes us backward in
our ongoing work to protect the civil rights and safety of us
all. Please vote YES on H.R. 7227 and NO on H.J. Res. 165.
Sincerely,
Marc Egan,
Director of Government Relations,
National Education Association.
____
Consortium for Constituents
With Disabilities,
June 12, 2024.
Hon. Virginia Foxx,
Chair, House Education and Workforce Committee, Washington,
DC.
Hon. Bobby Scott,
Ranking Member, House Education and Workforce Committee,
Washington, DC.
Dear Chairwoman Foxx and Ranking Member Scott: The
Consortium for Constituents with Disabilities (CCD) Education
Task Force and Rights Task Force are writing to oppose House
Joint Resolution (H.J. Res) 165 which intends to negate the
rule submitted by the Department of Education (ED) relating
to ``Nondiscrimination based on Sex in Education Programs or
Activities Receiving Federal Financial Assistance'' (known as
Title IX). As finalized by ED, the Title IX regulation
includes important provisions that positively impact and
support all K-16 students with disabilities, including those
who identify as Black, Indigenous, or People of Color (BIPOC)
and/or may also
[[Page H4555]]
identify as LGBTQI+. We therefore urge members of the
Education and Workforce Committee to vote `no' if H.J. Res.
165 is brought before the Committee.
CCD advocated for the much-needed updates to the Title IX
regulations as it is well documented that students with
disabilities, including those who identify as BIPOC and/or
LGBTQI+ already face additional barriers to K-16 education.
Specifically, updates to Title IX include changes that:
ensure schools address broader Title IX complaints of sex-
based harassment;
ensure students are not forced into unfair and/or
potentially traumatic procedures that favor harassers;
require Title IX coordinators to consult with one or more
members of a [eligible] student's Individualized Education
Program (IEP) team or Section 504 team; and,
allow college students to have access to someone in an
advisory role during the process.
Importantly, the improvements clarify that federal due
process rights of students with disabilities must not be
ignored and that these students must be treated equitably
during the Title IX process. This was not the case prior to
the issuance of this rule.
We appreciate this opportunity to weigh in and hope you
will reconsider the mark-up of H.J. Res 165.
Sincerely,
CCD Education Task Force co-chairs:
Stephanie Flynt,
National Disability Rights Network (NDRN).
Laura Kaloi,
Council of Parent Attorneys and Advocates and the Center
for Learner Equity.
Lindsay Kubatzky,
National Center for Learning Disabilities.
Robyn Linscott,
The Arc of the United States.
Kim Musheno,
Autism Society of America.
CCD Rights TF co-chairs:
Claudia Center,
Disability Rights Education Fund.
Morgan K. Whitlatch,
Center for Public Representation.
Ms. BONAMICI. Madam Speaker, I continue to reserve the balance of my
time.
{time} 1400
Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Burchett).
Mr. BURCHETT. Madam Speaker, I thank Congresswoman Foxx for her
leadership and friendship. You are a pretty cool lady.
Madam Speaker, Title IX of the Civil Rights Act was passed to protect
women from being unfairly denied opportunities in education and sports.
Can you imagine drawing the short stick and having to defend allowing
men to compete in women's sports and take trophies from young ladies or
even careers away from hardworking female athletes?
Of course, the most famous time this happened was when my friend
Riley Gaines tied with a man in her swim meet--I say ``man'' in lower
case letters but she didn't get a trophy because they wanted to give it
to him instead. They also had to suffer the punishment of having to see
this guy walk around without any clothes on and his lack of manhood, I
guess.
I recently asked Riley about men competing in women's sports in a
committee hearing. She said that some men started competing before they
were taking hormones. She also said something we already knew: Hormone
treatments don't alter a man's bone structure, lung capacity, or his
height.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. FOXX. Madam Speaker, I yield the gentleman from Tennessee an
additional 15 seconds.
Mr. BURCHETT. Hormones don't alter many other attributes that give
men physical advantages over women. She talked about how allowing men
into women's sports endangers their physical safety. We see more
instances of this than Democrats and the mainstream media would have
you believe.
A high school volleyball player got a concussion. We also saw a boxer
withdraw from a match to protect herself when she learned her opponent
was a biological male. A high school field hockey player had her teeth
knocked out.
I strongly support protecting female athletes and rejecting this rule
by an administration that has completely abandoned them.
Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 1 minute to the gentlewoman from New
York (Ms. Tenney).
Ms. TENNEY. Madam Speaker, I thank Chairwoman Foxx for leading on
this very important issue.
As a former athlete in high school, college, and beyond, I know the
unparalleled opportunities that sports offer to women and girls.
Title IX and its mission to end discrimination against women in
sports made so much of this possible for me and countless other women
over the years.
Today, these opportunities for women and girls are under threat.
Joe Biden's Department of Education is requiring that schools allow
biological males to participate in women's sports. This is
fundamentally unfair. It deprives women and girls of what so many of us
fought for decades to achieve: equal opportunity to train, compete, and
excel in athletics.
Today, we take a stand in defense of women's sports and to stop this
dangerous precedent.
This is why I am honored to be an original cosponsor of this
Congressional Review Act to overturn the Biden administration's radical
rule to allow biological men in women's sports.
The CRA will protect opportunities for women and girls to compete
fairly on the athletic field. Without interference, the woke Biden
agenda will continue further.
Ms. BONAMICI. Madam Speaker, how much time do I have remaining.
The SPEAKER pro tempore. The gentlewoman from Oregon has 9\3/4\
minutes remaining.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
I want to note in the big picture as we consider this conversation
today, LGBTQ youth and trans youth are more likely to have experienced
sexual violence than their straight counterparts.
Further, nearly 59 percent of LGBTQI+ students report experiencing
discriminatory policies and practices at school, particularly those
targeting students' gender and limiting their ability to participate in
activities consistent with their gender identity.
Madam Speaker, 62 percent of LGBTQ students who were harassed or
assaulted at school did not report the incident because they don't feel
safe. This is creating hostile environments that are leading to adverse
outcomes for LGBTQ students.
The report that I mentioned found that students who experienced
discrimination and higher levels of victimization have higher dropout
rates, lower academic performance, and increased mental health issues
such as anxiety, depression, and suicidal ideation.
Madam Speaker, 68 percent of the students reported feeling unsafe at
school because of their sexual orientation, gender identity, and/or
gender expression.
We should not be creating this hostile school climate that is making
students feel unsafe because of who they are.
I want to again encourage my colleagues to think about the message
that this is sending to students, that they do not belong, that they
are not safe in their schools. This is the Education and the Workforce
Committee. We should be making students feel safe, not making them feel
threatened.
Madam Speaker, I continue to reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Lopez), our newest Member in Congress.
Mr. LOPEZ. Madam Speaker, the Biden administration's newly proposed
Title IX rule is yet another example of how we are losing our moral
compass.
This new rule diminishes the undeniable respect that we must as a
society extend to all women. It completely destroys the distinctions
between men and women and forces schools to allow men into private
women's spaces, including locker rooms and bathrooms.
Make no mistake about it, under this proposed rule, women will be
compelled to change with and go to the bathroom next to naked men. That
simply cannot stand. I urge my colleagues to support this resolution.
[[Page H4556]]
Ms. BONAMICI. Madam Speaker, I yield myself the balance of my time
for the purpose of closing.
The Biden-Harris administration's Title IX rule is a necessary step
in protecting all Americans from sex-based harassment and
discrimination. It would uplift and empower survivors while holding
schools accountable for their handling of these sensitive cases.
This Congressional Review Act that Republicans have put forward
undermines the rights of survivors of sexual assault and advances a
baseless, prejudiced narrative against LGBTQI+, especially transgender,
individuals.
I am incredibly frustrated that Republicans are spending time
obsessing over what bathroom is used instead of addressing the real
problems faced by women and children.
I also include in the Record, Madam Speaker, a Statement of
Administrative Policy providing for congressional disapproval under
chapter 8 of title 5 of the United States Code. If this President were
presented with H.J. Res. 165, he would veto it, and for good reason
because this bill takes us back.
Statement of Administration Policy
H.J. Res. 165--Providing for congressional disapproval under chapter 8
of title 5, United States Code, of the rule submitted by the Department
of Education relating to ``Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial Assistance
The Administration strongly opposes H.J. Res. 165, which
would disapprove the Department of Education's rule, under
Title IX of the Education Amendments of 1972, to restore and
strengthen vital nondiscrimination protections for students,
employees, and applicants in federally funded education
programs and activities.
Since Title IX was signed into law more than 50 years ago,
it has opened doors for generations of women and girls and
increased access to educational opportunities for millions of
students. Despite this progress, rates of sexual harassment
and assault in our nation's schools and colleges remain
unacceptably high. Many women see their education derailed
because of pregnancy discrimination. And many LGBTQI+
students face bullying and harassment just because of who
they are.
The Department's rule is critical to ensuring that no
person experiences sex discrimination at school. The rule
provides protection from sex-based harassment, including
sexual violence; promotes accountability and fundamental
fairness through a fair, transparent, and reliable process;
and ensures that students, employees, and families understand
their rights and that institutions know their
responsibilities. The rule also advances educational equity
by requiring schools that have knowledge of possible sex
discrimination in their education programs or activities to
take prompt and effective action to end the sex
discrimination, prevent its recurrence, and remedy its
effects. Passage of H.J. Res. 165 would eliminate these
critical protections that keep students safe and able to
realize their full potential.
The promise of Title IX--an education free from sex
discrimination--remains as vital now as it was when the law
was enacted. The Administration will continue to fight
tirelessly to realize this promise and achieve equal
opportunity for all students and all Americans.
If the President were presented with H.J. Res. 165, he
would veto it.
Ms. BONAMICI. We have made progress in making every student feel safe
and be safe in schools.
I once again encourage my colleagues to vote ``no'' on this harmful
and extreme joint resolution for the sake of women, the LGBTQI
community, and survivors across the Nation.
Again, Madam Speaker, yesterday we were talking about dignity for
dishwashers. Please show some dignity for people who are being
discriminated against because of who they are and who they love.
Madam Speaker, I yield back the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, we have heard a lot of misleading comments today, as I
said earlier--misleading verging on untruths.
The Department isn't following court precedent. In Bostock, the
Supreme Court specifically warned against applying its decision in that
case to Title IX or any other civil rights law preventing sex
discrimination.
In addition, there is currently a split among Federal appeals courts
on this issue. In January of last year, the Eleventh Circuit held that
a school district's policy requiring people to use the bathroom that
corresponds with the student's biological sex is allowed under Title
IX.
As I said earlier, we are not misleading or scaring the American
people. All people have to do is read this regulation to see that
schools are not allowed to prevent a person from participating in an
educational program or activity consistent with the person's gender
identity. There are exceptions, but athletics are not included. A
biological man can announce that he feels like a girl or a woman and go
into the bathroom with women and girls if he chooses to do so based on
this rule.
In addition, three separate Federal district court judges in three
separate cases have already taken action to block the rule from going
into effect in the States involved in those cases, which has been
alluded to. One judge called the regulation ``an abuse of power.'' The
other judge called the regulation ``an attempt by the executive branch
to dramatically alter the purpose and meaning of Title IX.''
Madam Speaker, this resolution to overturn President Biden's Title IX
rule is a necessary step to keep the spirit of Title IX alive. My
colleagues have eloquently talked about that.
H.J. Res. 165 is about fairness, safety, and ensuring that the
playing field remains level for everyone. I urge my colleagues to join
me in supporting this resolution.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired. Pursuant to
House Resolution 1341, the previous question is ordered on the joint
resolution.
The question is on the engrossment and third reading of the joint
resolution.
The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.
The SPEAKER pro tempore. The question is on passage of the joint
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. BONAMICI. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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