[Congressional Record Volume 169, Number 65 (Wednesday, April 19, 2023)]
[House]
[Pages H1858-H1871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROTECTION OF WOMEN AND GIRLS IN SPORTS ACT OF 2023


                             general leave

  Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 734.
  The SPEAKER pro tempore (Mr. Comer). Is there objection to the 
request of the gentlewoman from North Carolina?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 298 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 734.
  The Chair appoints the gentleman from Florida (Mr. C. Scott Franklin) 
to preside over the Committee of the Whole.

                              {time}  1303


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 734) to amend the Education Amendments of 1972 to provide that 
for purposes of determining compliance with title IX of such Act in 
athletics, sex shall be recognized based solely on a person's 
reproductive biology and genetics at birth, with Mr. C. Scott Franklin 
of Florida in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall be confined to the bill and shall not exceed 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 gentleman from 
California (Mr. Takano) each will control 30 minutes.
  The Chair recognizes the gentlewoman from North Carolina.
  Ms. FOXX. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today in support of H.R. 734, the Protection of 
Women and Girls in Sports Act.
  The Democrats have gone to great lengths to call this bill extreme. 
The Democrats have gone to great lengths, being almost hysterical, to 
call this bill discriminatory. It is neither of those things.
  It is a one-page bill, which is rare in Congress, that strengthens 
existing protections for women, ensures a level playing field for 
female athletes, and protects women and girls from the Biden 
administration's radical regulatory scheme.
  It is quite telling when the other party attempts to tear things down 
without offering an alternative vision. Democrats refuse to posit a 
reason for allowing biological men to compete in women's sports that 
comports with principles of athletic competition like fairness and 
integrity.
  Democrats also refuse to address the implications of their position. 
If men can compete in women's sports, should they be able to take 
roster spots from women, to rob women of hard-earned achievements?
  Instead, they appeal to emotion and call the other side bigots. It is 
such a tiring act, Mr. Chair.
  How about providing evidence that self-identification is rooted in 
biological truth? Explain that a post-adolescent male athlete has zero 
physical advantages over women.
  Democrats like to pretend they are the party of science. Where is the 
data?
  The Democrat vote against this bill, including Biden's threat to veto 
it, is a vote against continuing to give women and girls equal 
opportunity to participate and compete in athletics.
  We on the Republican side are grounded. We live in reality. So does 
the rest of America. Ask working-class Americans if Muhammad Ali should 
have been allowed to box women in his heyday or if Usain Bolt should 
have run the women's 100 meters.
  It is not about callousness or lack of emotion. This is about 
grounding a leftist ideology that has lost its collective mind back in 
reality. In fact, Republicans are teeming with admiration and support 
for the women and girls who have come so far to get much-deserved 
recognition for their athletic achievements.
  The left wants to talk about erasure. Let's talk about how American 
female athletes are being erased. We are not sensationalizing this 
problem. It exists. Females are being hurt by it, and action must be 
taken to stop that.
  Mr. Chair, I hope this debate and the eventual passage of H.R. 734 
help bring sanity to women's sports, and I reserve the balance of my 
time.
  Mr. TAKANO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I speak in opposition to H.R. 734, the politics over 
participation act.
  We can all agree on the need to address the challenges facing our 
education system, issues like gun violence, academic achievement gaps, 
and the lack of mental health support for our students. These are 
serious challenges that demand serious action.
  Unfortunately, my Republican colleagues have used their first 100 
days in the majority to pursue a radical education agenda that 
prioritizes political points over students' safety and success.
  Today, we are considering another piece of this extreme agenda, one 
that again targets transgender kids.
  School sports activities offer fundamental life lessons--such as 
leadership, self-confidence, and teamwork--that every child should be 
able to enjoy. As Members of Congress, our responsibility is to ensure 
that student athletics are, above all, fair and safe.
  H.R. 734 does the exact opposite. It makes school sports less fair by 
singling out and banning transgender women and girls as young as 
kindergarten from participating on school sports teams with their 
friends. We know transgender students already face widespread bullying 
and discrimination. Adding to their pain by targeting their 
participation in school sports is both wrong and dangerous.
  Furthermore, contrary to my Republican colleagues' claims, H.R. 734 
actually makes school sports less safe for women and girls. To enforce 
its ban on transgender student athletes, the bill would require all 
girls as young as their preteens to ``prove their gender.''
  For example, under Utah's blanket ban on transgender student 
participation in school sports, parents of the second- and third-place 
finishers in a State-level girls' competition complained to the Utah 
High School Activities Association that they suspected the winner of 
the event was trans. Following the complaint, the school was forced to 
investigate the student by combing through her records going back to 
kindergarten. She was, in fact, not transgender.
  The association has received other complaints about supposed trans 
competitors, sometimes with the reasoning being simply that a girl 
doesn't look feminine enough.
  Simply put, H.R. 734 does not protect women and girls. It only makes 
school sports less safe and less fair.
  There are schools, States, and sports associations that have been 
allowing transgender people to play equitably and consistent with their 
gender identity with no issues for decades.
  This bill doesn't address the most elite level of athletes. Yet, even 
at the most elite level, organizations like the International Olympic 
Committee have frameworks for transgender inclusion in sports. They 
reject the type of categorical blanket ban Republicans are pushing for 
kids as young as kindergartners in schools.
  Congress has no business targeting transgender women and girls and 
imposing a nationwide ban on their participation in school sports. We 
need to refocus on our job in Congress to address the most pressing 
issues facing students and parents and ensure that every child in 
America can reach their full potential.
  Mr. Chairman, I urge my colleagues to oppose H.R. 734, and I reserve 
the balance of my time.

[[Page H1859]]

  

  Ms. FOXX. Mr. Chairman, I yield 5 minutes to the gentleman from 
Florida (Mr. Steube), the sponsor of the bill.
  Mr. STEUBE. Mr. Chairman, Genesis 1:27: ``So God created mankind in 
His own image, in the image of God he created them; male and female He 
created them.''
  Genesis 5:1-2: ``When God created mankind, He made them in the 
likeness of God. He created them male and female and blessed them.''
  Jesus stated in Mark 10:6: ``But at the beginning of creation, God 
made them male and female.''
  Also in Matthew 19:4: ``At the beginning, the creator made them male 
and female.''
  For thousands of years in human history, we have recognized as a 
species that there are women and there are men, who are obviously 
biologically different, dare I say even scientifically different. Even 
science agrees with this premise.
  Yet, over the last several years, there has been a perversion in our 
culture by the enemy, and the left has completely embraced the lie to 
erase the lines of gender and to convince you there isn't really gender 
and that gender is fluid and can be whatever you want, whenever you 
want--again, more lies.
  The left has taken gender identity so far that many on the left today 
cannot even define what a woman is for fear of retribution by trans 
activists. Even the latest Supreme Court Justice appointed by President 
Biden could not define what a woman is during questioning, and she now 
sits on the highest court in the land.
  The radical left has adopted completely made-up terms that didn't 
even exist just a few short years ago, like nonbinary, cisgender, trans 
male, trans female. You can even find that there are 74 made-up 
genders, 74 that you can choose from, everything from agender to 
omnigender. There is even an astral gender, which is having a gender 
identity that feels to be related to space. I don't even know what that 
means.
  Just a few short years ago, even Democrats would say that this is 
ridiculous, but today, it is common speak for the radical left. If you 
question these fictitious terms, they label you transphobic--again, 
another leftist idiom.
  I have three dictionaries in my house. One was copyrighted in 1828; 
one was copyrighted in 1959; and one was copyrighted in 1988. 
Shockingly, nowhere in any of these dictionaries are the terms 
``nonbinary'' or ``trans man'' or ``trans woman.'' Even if you look on 
Webster today, just Google Webster, it says that ``trans man'' and 
``trans female'' are terms that were first used in 1996. During the 
entire history of mankind, you were either male or female until the 
last few years.
  In worship to the trans movement, the Biden administration has moved 
at warp speed to infiltrate every aspect of the Federal Government with 
trans speak.

                              {time}  1315

  Most recently, just a couple weeks ago, I am assuming in response to 
this bill moving to a vote, the Biden administration was looking to 
insert rules on Title IX to force biological men into women's sports in 
complete defiance of the laws this body passed over 50 years ago.
  Congress in 1972 created Title IX to protect women's sports to enable 
women to have an equal playing field in athletics. In worship to their 
trans idols, the administration wants to flip that on its head. It is 
insane.
  Title IX was created for women's sports, and now the left wants to 
kill it. In them giving homage to the trans movement, they are 
abandoning women all across the country.
  Parents do not want biological men in locker rooms with their 
daughters, nor do they believe it is equitable that a male can compete 
with women in female athletics. It is the whole purpose that Title IX 
was created to begin with.
  The radical left wants you to believe that this never happens, and 
there are only a few instances of this happening. However, the facts 
bear this statement as false.
  There is an entire website that documents examples of females who are 
displaced by males in women's sporting events. It includes the place 
``she would have won'' had the male not been competing.
  There are hundreds of examples documented on SheWon.org and Concerned 
Women has a spreadsheet with, again, hundreds of examples where women 
faced men in competition.
  In my own district in Sarasota, Florida, my constituent, Emma Weyant, 
an incredibly talented swimmer and Olympic medalist, lost the 2022 NCAA 
women's swimming championships title for the 500 freestyle by 1.75 
seconds to a man who formerly competed for years on the men's swimming 
team, who took home that title after identifying as a woman.
  It is a sad day in America when the Democrats have regressed so far 
backward that they are willing to erase the rights that women have 
fought decades to obtain, all to elevate biological males to the top of 
women's podiums.
  The integrity of women's sports must be protected. H.R. 734 preserves 
women's sports and ensures fair competition for generations of women to 
come, just as Title IX originally intended.
  If my liberal colleagues truly believe in supporting women's rights, 
as they so often tout, they will vote in favor of this bill.
  I encourage my colleagues on both sides of the aisle to stand for 
women's free and fair opportunity in athletics and to stand for truth, 
not lies.
  Mr. TAKANO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California, (Ms. Pelosi), Speaker Emerita.
  Ms. PELOSI. Mr. Chairman, I thank the gentleman for yielding, and I 
thank him for his leadership for fairness and safety in our schools and 
for justice in our communities.
  I stand here today in opposition to the legislation that is on the 
floor. In listening carefully to the maker of the motion, he references 
a religious context in his comments, and so will I, then, following his 
lead.
  Yes, we are all God's children. We all have a spark of divinity in 
us, and therefore, are worthy of respect. That spark of divinity that 
is within us insists that we respect it in others, as well.
  So recognizing that we are all God's children, I rise in opposition 
to this legislation because trans kids are all God's children; belong 
in sports, in schools, in books, in families, and on teams.
  It is really important for us as leaders in our country to speak with 
respect for all of the people in our country.
  Trans kids listen and hear what we say, and we do not want to do them 
harm for whatever purpose on the floor of this House.
  The gentleman also referenced Title IX. While none of us were 
probably here when Patsy Mink very courageously passed Title IX, many 
of us were here as we reauthorized it over time and fought off, fought 
off initiatives to weaken it to say that in supporting women in sports 
was taking away from men in sports. That is simply not the case.
  I will say that this bill is an insult to the legacy of fairness and 
inclusion that Patsy Mink intended, and was passed by the House and the 
Congress in Title IX; Senator Birch Bayh, the Senator from Indiana.
  So I say let every child, regardless of gender identity, deserve a 
chance to be part of a team, to learn lessons of sportsmanship, to push 
themselves to reach their fullest potential and vote ``no'' against 
this legislation.
  Ms. FOXX. Mr. Chairman, I yield 2 minutes to the gentleman from Utah 
(Mr. Owens), chairman of the Subcommittee on Higher Education and 
Workforce Development.
  Mr. OWENS. Mr. Chair, when Title IX became law in 1972, it was a 
watershed moment for every woman in America.
  Title IX was a game changer for women and girls in sports to showcase 
their talents on the field without discrimination or prejudice.
  I watched with pride as my five daughters competed during their high 
school days. I feel the same pride as I watch my 12 granddaughters 
learn, grow, and thrive as they compete and work to gain respect from 
their teammates through hard work and meritocracy.
  Unfortunately, these life-changing opportunities afforded to 
generations of women and girls are under assault today.
  We cannot sit back and watch biological males rob biological women of

[[Page H1860]]

equal athletic opportunities. We need to stop putting feelings of boys 
and men above fairness and opportunity for girls and women.
  With this upside-down world of feelings over fairness, we are also 
stealing from our young men a major component of their self-esteem, the 
inborn and innate desire to respect and protect womanhood.

  This is why I am proud to support the Protection of Women and Girls 
in Sports Act of 2023 to make sure women's sports are safe and fair.
  Allowing biological men to compete in women's sports erodes the 
progress women and girls have made in athletics and undermines our 
cherished American values of meritocracy, hard work, and equality.
  I urge my colleagues to vote ``yes'' on this commonsense bill and 
preserve the rights of all women to achieve their American Dream.
  Mr. TAKANO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Oregon (Ms. Bonamici).
  Ms. BONAMICI. Mr. Chairman, I rise in strong opposition to this bill, 
a bill that puts politics over participation. I am deeply concerned 
about the increase in and apparent normalization of attacks against 
trans students.
  Contrary to what my Republican colleagues say, this legislation will 
diminish civil rights, discriminate against students, and dismantle 
relationships of trust between students and their coaches and 
educators.
  Trans rights are human rights. Denying trans students the opportunity 
to play on sports teams that are consistent with their gender identity 
sends a clear message to those students that they don't matter.
  If my Republican colleagues are interested in protecting women and 
girls, I have a long list of priorities that I am eager to work on.
  Let's pass commonsense gun violence prevention legislation. Let's 
pass legislation protecting reproductive freedom. Let's pass paid 
family leave and medical leave and close the gender pay gap.
  We should be working together to create opportunities for every 
student to thrive with a focus on those who are most vulnerable, 
especially trans youth.
  I want every trans student out there to know I see you, and I will 
never stop fighting for you. I urge my colleagues to show some 
humanity, stop attacking trans people, and vote ``no'' on this bill.
  Ms. FOXX. Mr. Chairman, I yield 2 minutes to the gentleman from 
Florida (Mr. Bean), chairman of the Subcommittee on Early Childhood, 
Elementary, and Secondary Education.
  Mr. BEAN of Florida. Mr. Chairman, I thank Chair Foxx for yielding 
time.
  Mr. Chairman, should the Jacksonville Jaguars play against a peewee 
football team? That would be ridiculous.
  Should the minor league Jacksonville Jumbo Shrimp play against a 
Little League team? That would be crazy. Should men compete against 
women in sports? Of course not. In each example, it is just not fair.
  The truth is, males have a lasting and lifelong athletic advantage--
most notably, 36 percent more muscle mass, which allows for greater 
speed and force that cannot be erased with pharmaceuticals or hormone 
treatments.
  Sadly, every time a male takes a lane in the pool, a spot on the 
field, or at the starting line, a female athlete loses the opportunity 
to compete.
  Every time a male athlete is named a female All-American, a female 
athlete loses that honor. We are in a battle for the very survival of 
women's sports.
  America, we hear you. Not everybody has gone off the deep end. Today, 
House Republicans will pass H.R. 734, the Protection of Women and Girls 
in Sports Act, to ban men from competing in women's sports.
  Mr. TAKANO. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman 
from Washington (Ms. Jayapal).
  Ms. JAYAPAL. Mr. Chairman, I rise in deep opposition to this bill. We 
should rename it the cancel kids trans hate bill. This bill fuels a 
virulent hate campaign against kids who just want to play with their 
friends.
  Don't believe for a minute that this is about protecting women and 
girls because if Republicans cared about that, they would not be voting 
against equal pay, against paid sick leave, against universal 
childcare.
  The way that this bill targets children in the name of gender 
equality is insulting. That is why women's organizations around the 
country, including the Women's Sports Foundation, have denounced this 
bill.
  In reality, it actually endangers all women and girls. Think about 
it. How do you enforce this ban? How do you verify a girl's 
``reproductive anatomy''?
  If a young girl--if your daughter doesn't look feminine enough, is 
she subject to an examination? This is absolutely absurd.
  Republicans are cruelly scapegoating children to distract you from 
the very fact that you don't have actual solutions that answer the 
American people's problems.
  This attack on transgender children, though, also has dire 
consequences. Over 75 percent of transgender students experience 
harassment or discrimination at school.
  Mr. Chairman, 82 percent of transgender kids have considered suicide, 
and 40 percent have attempted suicide.
  These bills tell some of the most vulnerable children in our country 
that they do not belong. Shame on you.
  To trans people everywhere, I say, I see you, and I will fight for 
you. That is why last month I introduced the Transgender Bill of Rights 
with 100 cosponsors to stand up for trans kids so that you can lead 
your full lives as your authentic selves.
  Mr. Chairman, I am the proud mother of a trans daughter, and when she 
came out to me, I unconditionally embraced her because I 
unconditionally love her.
  If you don't understand what is going on with these kids, that is 
okay. I have learned so much from my daughter. Let's learn together, 
but don't, don't use our kids as punching bags and put them in danger.
  When the Republican Governor of Utah, Spencer Cox, vetoed a similar 
sports ban, he said this: ``I always try to err on the side of 
kindness, mercy, and compassion. . . . I don't understand what they are 
going through or why they feel the way they do, but I want them to 
live.''
  I want them to live. So to my colleagues, I say, stop targeting our 
children. Let them play. Let them live. Vote ``no'' on this hateful 
bill.

                              {time}  1330

  Ms. FOXX. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Illinois (Mrs. Miller), vice chair of the Committee on Education and 
the Workforce.
  Mrs. MILLER of Illinois. Mr. Chair, I rise today in support of the 
Protection of Women and Girls in Sports Act, which ensures fairness and 
safety in girls' athletics.
  Our daughters' opportunities to compete in athletics and their safety 
at school have been threatened by the radical left's disturbing trend 
of allowing biological men to compete with them and use the girls' 
locker room.
  Earlier this month, the world watched in horror as leftwing rioters 
attacked a young woman named Riley Gaines and held her kidnapped 
against her will simply because she was speaking out to defend girls' 
sports. This week, the House will stand with Riley and all young women 
and girls who deserve the full protection of Title IX.
  The Biden administration has been clear. They want men competing 
against our daughters, and they want to force schools to allow 
biological men to change and shower with our daughters in the girls' 
locker rooms. This is wrong.
  Proverbs 31:8 reminds us that we must speak up for those who cannot 
speak for themselves and defend the rights of those in need.
  Mr. Chairman, I urge my colleagues to join me in supporting the 
Protection of Women and Girls in Sports Act and stand up for the rights 
and the safety of our daughters.
  Mr. TAKANO. Mr. Chairman, while girls' participation in sports have 
increased 1,000 percent since Title IX, the participation numbers still 
have not reached that of boys 50 years ago.
  Mr. Chairman, I yield 1 minute to the gentlewoman from Michigan (Ms. 
Stevens).
  Ms. STEVENS. Mr. Chairman, last month on the Education Committee, we 
toiled until the early hours of the morning, marking up our very first 
two

[[Page H1861]]

bills of the new Congress, one of which is the subject of our debate 
today, H.R. 734.
  Regrettably, neither of the bills address the issues most pressing to 
students and teachers: murder by gun violence. There were 42 incidents 
of gun violence on school grounds this year alone, 17 deaths, and 32 
injuries. Every day 22 children are shot and 5 die.
  With all due respect, I missed the part in the Bible that said that 
people have a right to own a gun at the expense of our children's 
ability to live and go to school safely.
  So let's be clear. This is not an effort to address the longstanding 
barriers all girls and women have faced in their pursuit of athletics. 
Leading women's sports organizations and gender justice organizations 
support transgender inclusion in sports without equivocation.
  Mr. Chair, I encourage my colleagues to vote ``no'' on this hateful 
bill.
  Ms. FOXX. Mr. Chair, I yield 2 minutes to the gentleman from Texas 
(Mr. Moran), a member of the Education and the Workforce Committee.
  Mr. MORAN. Mr. Chairman, first and foremost, I thank Congressman Greg 
Steube of Florida for introducing this important piece of legislation, 
and Chairwoman Foxx for managing this afternoon's floor debate.
  The Protection of Women and Girls in Sports Act of 2023 will 
safeguard the ability of female athletes to participate freely in an 
athletic space that for decades has been specifically carved out for 
these athletes to compete safely.
  When biological males infiltrate these spaces, opportunities are 
taken away from these biological females.
  Earlier this month, the Biden administration proposed a new Title IX 
rule prohibiting public schools from banning transgender male athletes 
from competing in sporting events with girls and women and eliminating 
the State's policy to promote integrity in sports.
  The Biden administration is attempting to change the playing field, 
but there is nothing equal or level about allowing biological men to 
compete in women and girls' sports.
  Coaches in East Texas that I represent understand the biological 
differences between men and women, and they understand that there is 
nothing equal about allowing men to compete in women's sports.
  This legislation will ensure that schools who receive Federal funding 
can still protect biological women's and girls' rights to freely and 
fairly participate in sports. As a father of two boys and two girls, 
this is important to me. This will safeguard and uphold the integrity 
of women's sports and the true intention of Title IX.
  Mr. Chair, I am proud to stand here on the House floor today in 
support of this legislation.
  Mr. TAKANO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Pocan), the chair of the Equality Caucus.
  Mr. POCAN. Mr. Chair, let's face it, most people in the United States 
don't know someone who is transgender, and that can lead to fear of the 
unknown.
  Some less-scrupulous politicians feed that fear and are willing to 
bully people, even kids, to lift themselves. They will tell you all 
sorts of distortions to manipulate you if it benefits them.
  They argue that there is a national problem if trans girls 
participate in school sports. That is a lie. They don't care if it 
hurts kids--trans kids in this case--who already face huge rates of 
bullying just for being different. They just want to play with their 
friends and learn the value sports offer, but these politicians don't 
care. All they care about is building their political brand and lifting 
their fundraising.
  How do I know they really don't care about girls and women in sports? 
Does anything in this bill address the severe inequities between men's 
and women's sports?
  Not one word. In fact, most women's sporting groups oppose the bill.
  It is not about keeping kids safe. If it was, it would be about 
keeping guns out of school.
  Crickets on that.
  Fortunately, not all Republicans agree.
  The Republican Governor of Utah vetoed similar legislation 
highlighting the daily challenges trans kids already go through from 
bullying to suicide.
  He shared how many trans kids play school sports in his State: Four 
trans youth, only one a girl. There is your raging national problem.
  What is the Republican's response to this nonexistent issue?
  Hurt kids for being kids by banning them from playing in school 
sports and even be as extreme as saying all female athletes, as young 
as in their pre-teen years, can be subject to personal bodily 
inspection by adults to prove that they are a girl.
  Look, I know not everyone may understand this or may not know someone 
who is transgender, but just because you don't understand something 
isn't a good enough reason to outright ban kids from school sports.
  We may not be able to stop unscrupulous politicians overnight, but we 
can stop bad legislation from hurting good kids.
  Ms. FOXX. Mr. Chairman, I yield 1 minute to the gentleman from 
Tennessee (Mr. Rose).
  Mr. ROSE. Mr. Chairman, today I rise as a Christian, a husband, and a 
father in support of H.R. 734, the Protection of Women and Girls in 
Sports Act, a bill that I am proud to cosponsor.
  Tennessee is well-known for its iconic and legendary women's 
basketball program, the Lady Volunteers.
  Thankfully, our State has taken action to protect the Lady Vols from 
ever being threatened to have to compete against biological males. 
Whether it is for scholarships or national championships, biological 
males ought to compete against biological males, and biological females 
ought to compete against biological females.
  Most Tennesseans consider this to be common sense.
  That is why I am very thankful the House is considering the 
Protection of Women and Girls in Sports Act today, and I am extremely 
proud to support its passage.
  Mr. Chair, I urge my colleagues to join me in voting ``yes'' on this 
legislation.
  Mr. TAKANO. Mr. Chairman, may I inquire how much time remains on each 
side?
  The CHAIR. The gentleman from California has 17\1/2\ minutes 
remaining. The gentlewoman from North Carolina has 14 minutes 
remaining.
  Mr. TAKANO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Chairman, I rise in strong opposition to this 
bill, which should be titled banning kids from school sports act.
  No group of kids should be banned from school sports, period. We all 
know what school sports are about. It is about teamwork, determination, 
physical well-being. The Federal Government doesn't belong in our 
classrooms, in the locker rooms of these kids, or between these 
children and their parents.
  There is this creepy idea that this bill is going to require genital 
inspections of children. I mean, this is outrageous.
  There was an invocation of some liturgy just a few moments ago saying 
children are the creations of God. All children are the creations of 
God. It is not up to you to decide which children don't belong. These 
are all God's children. And don't accept this phony claim that this is 
about the safety of kids. In fact, we know otherwise.
  A very conservative advocacy group came up with this idea. The 
President of that advocacy group said: ``We knew we needed to find an 
issue that the candidates were comfortable talking about, and we threw 
everything at the wall.'' They came up with this campaign against trans 
kids, a sinister, political operation to use these kids to advance 
their success in politics. It is wrong. All kids belong playing in 
sports, to play with their friends, to enjoy their childhood.
  There are more than 450 anti-trans bills being introduced all across 
this country. It is terrible. These children matter. We see them. We 
value them, and we have to respect them. Actually, trans kids belong 
and deserve to participate in every school activity.
  Mr. Chair, if my colleagues really cared about the well-being of 
kids, let me remind them that the leading cause of death in this 
country is gun violence. Yet, our Republican colleagues will not do 
anything to protect children from being slaughtered in their schools--
the leading cause of death in this country. Instead, we are going to 
spend time debating a bill to insert the

[[Page H1862]]

Federal Government into elementary schools and middle schools to 
prevent all children from participating in sports.
  What a terrible idea. Shame on you. This is a disgrace, and I urge 
Members to vote ``no'' on this hideous piece of legislation.
  Ms. FOXX. Mr. Chairman, I yield 90 seconds to the gentleman from New 
York (Mr. Williams), a member of the Education and the Workforce 
Committee.
  Mr. WILLIAMS of New York. Mr. Chairman, I thank the chairwoman for 
yielding.
  Mr. Chair, within just a few years, our Nation will task the first 
women with the awesome responsibility of commanding our nuclear 
submarines. These submarines will serve on the front lines of any 
future global conflict, and they are among the most feared and powerful 
weapons in the world. Women who will command these boats will lead many 
of the finest sailors our Nation has ever seen.
  In nearly every case, these women's paths to this extraordinary 
responsibility and this extraordinary call to leadership begin with and 
traveled through their competitiveness in sports.
  Leadership, excellence, teamwork, inspiration, and sacrifice are all 
learned and earned on the sports field. They are champions. They are 
scholars. They are warriors.
  Mr. Chairman, I rise in support of H.R. 734 in celebration of the 
dramatic impact that women's competitive sports has brought to our 
Nation and are now adding to the defense of our Nation.
  Mr. TAKANO. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Nadler).
  Mr. NADLER. Mr. Chairman, I rise in strong opposition to H.R. 734, 
the so-called Protection of Women and Girls in Sports Act.
  I say so-called because there is really nothing in this bill to 
protect women and girls in sports. It is telling that every amendment 
submitted by a Democrat to actually strengthen protections, such as 
addressing unequal funding, was ruled out as not germane by 
Republicans.
  There are many real issues facing our Nation's women's and girls' 
sports teams, including disproportionate funding and resources compared 
to their male counterparts, but transgender athletes are not one of 
them.
  Every sports federation supports transgender athletes competing on an 
equal basis, seeing no inherent advantage in sports competition for 
transgender athletes.
  Transgender young people experience increased incidences of bullying, 
rejection, and discrimination, and nearly half of trans women and girls 
report seriously considering suicide in the past year.
  Why would we consider this hateful legislation that aims to isolate 
an already vulnerable group of children further?
  Mr. Chair, I am proud to have been the first Member of Congress to 
speak out in support of transgender rights on the House floor. I do not 
support traumatizing young children by subjecting them to intrusive 
genital inspections.
  Mr. Chair, I am proud to urge my colleagues to oppose this hateful 
bill.
  Ms. FOXX. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Michigan (Mrs. McClain), a member of the Committee on Education and the 
Workforce and secretary of the Republican Conference.
  Mrs. McCLAIN. Mr. Chairman, I stand here today enraged that we are 
debating a bill to protect women and girls in sports.
  I am enraged not because I disagree with the legislation, in fact, I 
fully support the legislation. I am enraged by the fact that we have 
reached a point in this country where we have to talk about a bill to 
protect women and women's sports is even necessary.
  When Congress passed Title IX in this very Chamber a half a century 
ago, I thought it was supposed to be a victory for women across the 
United States.
  At what point did we throw it away and make it meaningless?
  Do we not care about women?

                              {time}  1345

  Did we forget about the women and the young girls?
  Listen, as a wife, as a mother, as a female athlete, and as a coach 
of female athletes, I take offense to this, because now 50 years later, 
we are in the same Chamber, debating the merits of protecting women's 
sports, once again.
  The left's hypocrisy on this issue has resulted in women being 
demolished in competitions, physically brutalized going up against 
stronger opponents. They are losing individual games, State 
championships, and NCAA's championships to biological males that have 
decided to become a woman.
  That is their right, but what about the women's rights? What about 
the rights of the young girls? Do they not have any rights anymore?
  Let's be clear about something: My Democratic colleagues can see what 
is going on and what is happening, and I believe they know that this is 
wrong, as well. That is why they hide behind it and don't deal with the 
real issue.
  Because of that reason, I am enraged today that we are debating a 
bill that should not require any debate at all.
  Mr. TAKANO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Jacobs).
  Ms. JACOBS. Mr. Chair, Dr. Maya Angelou once said: ``When people show 
you who they are, believe them the first time.'' Well, House 
Republicans have shown us over and over again who they are, and it is 
time we believe them.
  They have introduced a national abortion ban. They oppose paid family 
leave. They blocked the ERA. They fought against universal childcare. 
Now they are using the false guise of protecting women to blatantly 
discriminate against the trans community and threaten the privacy of 
all women and girls.
  House Republicans make trans kids' participation in sports seem 
sinister and conniving, and that couldn't be further from the truth. 
Trans kids are kids. They should be able to live full lives with 
unlimited opportunities, including playing sports.
  Despite what some of my colleagues have falsely claimed, trans girls 
and women do not have an overwhelming physical advantage compared to 
others. Just like all athletes, sometimes trans athletes win and 
sometimes they lose, but we know this isn't about facts. This is about 
discrimination and scoring political points.
  To my colleagues who haven't been exposed to the LGBTQ+ community or 
met someone who is trans or may not understand all of the different 
terms, you still know this is wrong. You know it is wrong to isolate 
and stigmatize and shame kids.
  Mr. Chair, I urge my colleagues to oppose this legislation.
  Ms. FOXX. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Good), chairman of the Health, Employment, Labor, and 
Pensions Subcommittee.
  Mr. GOOD of Virginia. Mr. Chairman, I rise in support of H.R. 734, 
the Protection of Women and Girls in Sports Act.
  In 2022, UVA swimmer and Olympic medalist Emma Weyant was the fastest 
woman in NCAA division 1 women's 500-yard freestyle race. 
Unfortunately, she was awarded second place. That is because Lia 
Thomas, a man, was allowed to swim against her and beat her for the 
national championship trophy.
  Lia Thomas, whose given name at birth is William Thomas, ranks 65th 
among men in the 500-yard men's freestyle; however, he could beat all 
the biological women. A female student athlete at nearby Virginia Tech 
lost her opportunity to compete in the finals because a man took her 
place.
  Sadly, Reka Gyorgy was one spot away from reaching her lifelong dream 
and qualifying for the championship finals. Reka did not blame Lia 
Thomas, but she did write a letter to the NCAA that said: ``This is my 
last college meet ever and I feel frustrated. . . . That final spot was 
taken away from me because of the NCAA's decision to let someone who is 
not a biological female compete. . . . You could say I had the 
opportunity to swim faster and make the top 16, but . . . I can't help 
but be angry. . . . This is the result of the NCAA and their lack of 
interest in protecting their athletes.''
  The NCAA pretends to provide fairness by allowing men to compete as 
women against true women if they just complete one year of testosterone 
suppression. Common sense and science tell us that no amount of 
testosterone

[[Page H1863]]

suppression can undo biology. We are all created immutably male or 
female, and every one of our trillion or so cells are either male or 
female.
  In fact, the University of Nebraska exercise science professor, Dr. 
Gregory Brown, has published a study that shows that the athletic 
advantage of men exists even before puberty and persists even with 
testosterone suppression.
  The Acting CHAIR (Mr. DesJarlais). The time of the gentleman has 
expired.
  Ms. FOXX. Mr. Chair, I yield an additional 30 seconds to the 
gentleman from Virginia.
  Mr. GOOD of Virginia. Men have a 40 to 50 percent greater muscle mass 
than women, but on average testosterone suppression only results in a 5 
percent reduction.
  The left wants to rob talented women and girls of opportunities to 
succeed and to achieve their dreams in the swimming pool, on the court, 
and on the field because they can't or won't define what a woman is.
  The American people know this is wrong, and I am proud to vote 
``yes'' for this bill to protect women and girls in sports.
  Mr. TAKANO. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr.  Robert Garcia).
  Mr. ROBERT GARCIA of California. Mr. Chairman, I thank the gentleman 
for yielding time.
  Mr. Chair, I rise today in anger and strong opposition to this bill. 
Now, I know how painful life can be as an openly gay person, but that 
pales in comparison to what transgender Americans face every day.
  Our voters send us here to address our country's biggest challenges, 
but instead of taking that responsibility seriously, House Republicans 
are choosing to bully and belittle trans children. This is about 
attacking a small group of children, and it is shameful.
  These people don't give a damn about women or girls. If they did, we 
would be talking about the very real problems of paid equity and 
ensuring sports are safe from sexual harassment and abuse, but instead, 
they are peddling open bigotry and its disgusting BS culture war right 
here from the House floor. Why are Republicans so obsessed with 
attacking trans youth and children? We need answers.
  To the trans and nonbinary youth that are watching this, I am so 
sorry your government is failing you today. We will never stop fighting 
to defend your dignity and your humanity. We love you.
  Ms. FOXX. Mr. Chairman, I yield 1 minute to the gentleman from 
Florida (Mr. Mast), a true hero here in the House of Representatives.
  Mr. MAST. Mr. Chair, I rise in support of protecting women and girls 
in sports, and protect them from what? Protect them from this, very 
simply: Cheating. It is cheating.
  This is why we love sports so much. It is because of the fairness 
element of it. It is why we don't allow deflated footballs or why we 
don't allow corked bats or Vaseline on a baseball. The list goes on and 
on. It is why we have referees and umpires and line judges, because we 
want it to be fair. That is one of the great things about sports.
  If we are going to allow men into women's sports, why have any laws 
or rules about doping or steroids whatsoever? Why should any sports 
regulate doping or steroids if you are going to let men into women 
sports? It makes no sense at all. I beg that question. Anybody have an 
answer?
  I don't hear an answer. I will beg this other last question for a 
moment while I have a minute. We are not talking about real women 
competing in women's sports; we are talking about real boys, real men 
competing in women's sports. I will leave it at that.
  Mr. TAKANO. Mr. Chairman, I include in the Record the following 
letters from PFLAG, a consortium of women and girls' rights 
organizations and 40 professional athletes all in opposition to H.R. 
734.

                                                        PFLAG,

                                                   April 14, 2023.
     Member of Congress,
     House of Representatives,
     Washington, DC.
       Dear Representative: PFLAG is the nation's largest 
     organization dedicated to supporting, educating, and 
     advocating for LGBTQ+ people and those who love them. Since 
     our founding in 1973, we have been the connection for LGBTQ+ 
     people with community, parents with resources, and allies 
     with tools, bolstering the LGBTQ+ movement with strength, 
     power, and love.
       PFLAG families, members, and supporters in every District 
     across the country urge Congress and others to support 
     inclusion of transgender, nonbinary and intersex youth in 
     sports. We strongly oppose isolating, and excluding youth 
     from participation, and violating privacy and protection in 
     order to combat discrimination granted in Title IX, which by 
     law promises not to discriminate on the basis of sex.
       In furtherance of the above,--and in pursuit of protecting 
     trans, nonbinary, and intersex youth athletes who participate 
     in sports with their cisgender peers--PFLAG National opposes 
     H.R. 734, the so-called Protection of Women and Girls in 
     Sports Act of 2023, and rejects its targeted attacks which 
     not only harms transgender, nonbinary, and intersex youth and 
     their families but also harms girls' and women's sports as a 
     whole.
       When more than 20 states have or seek laws to restrict 
     trans, nonbinary and intersex students from participating 
     with their peers in sports, families everywhere must be able 
     to rely on our federal government to seek fair inclusion and 
     equal access in all areas of public education, including 
     sports.
       Our families across the nation are relying on you to do 
     what this bill states in name but defies in content: Protect 
     women and girls in sports by including--not excluding--trans, 
     nonbinary and intersex youth participation in sports.
       If you or your staff have any questions or wish to speak to 
     your constituents who are part of PFLAG and can speak to the 
     negative impact and harm that passage of this bill would have 
     and inflict, please contact our Director of Policy Diego M. 
     Sanchez.
       PFLAG's network of hundreds of chapters and hundreds of 
     thousands of members from coast to coast are working to 
     create an equitable, inclusive world where every LGBTQ+ 
     person is safe, celebrated, empowered, and loved. We are all 
     counting on you to do the proper and honorable act of voting 
     ``No'' on H.R. 734 when it comes to the House Floor for a 
     vote.
           Sincerely,

                                                Brian K. Bond,

                                               Executive Director,
     PFLAG National.
                                  ____

                                                   April 14, 2023.
       Dear Member of Congress: The National Women's Law Center 
     and Women's Sports Foundation, joined by the undersigned 
     women's and girls' rights organizations, write to voice our 
     vehement opposition to H.R. 734, ``The Protection of Women 
     and Girls in Sports Act of 2023,'' and any other similar 
     effort to ban transgender girls from participating in sports. 
     As organizations deeply committed to fulfilling the promise 
     of Title IX of the Education Amendments of 1972 of equal 
     educational opportunity for all women and girls, including in 
     school sports, we have advocated for gender equity in schools 
     for decades. We support the inclusion of all students, 
     including transgender, intersex, and nonbinary students in 
     school sports as part of this mission. While this bill is 
     framed as ``protecting women's and girls' sports,'' we write 
     to call out this hateful measure for what it actually is: a 
     discriminatory attempt to target an already-marginalized 
     group, rather than to promote fairness and safety in school 
     sports for women and girls. We thus urge you to oppose H.R. 
     734 and join us in rallying behind all women and girls and 
     rejecting the efforts to enshrine sex discrimination against 
     an especially vulnerable group within Title IX.
       H.R. 734 unmistakably constitutes discrimination on the 
     basis of sex. As recognized by the U.S. Supreme Court, 
     numerous Federal courts, and the U.S. Department of 
     Education, discrimination includes discrimination based on 
     gender identity and sex characteristics. Title IX's mandate 
     that all students must be able to access the benefits and 
     opportunities of an education free from sex discrimination 
     includes the right to play sports. It is well documented that 
     sports participation is linked to increased academic 
     achievement, and fosters in students increased emotional, 
     mental, and physical well-being and a sense of community. 
     Amending Title IX to exclude transgender, intersex, and 
     nonbinary students from these essential benefits of sports 
     participation betrays Title IX's broad purpose to defeat sex 
     discrimination in education in order to further harm these 
     students, who because of stigma and discrimination are 
     already especially vulnerable to isolation and decreased 
     academic performance.
       The bill's title, ``Protecting Women and Girls in Sports 
     Act,'' is an intentionally deceptive misnomer, as H.R. 734 
     makes no effort to address the actual, pervasive 
     discriminatory barriers that women and girls continue to face 
     in school athletics. H.R. 734 does nothing to address the 
     fact that college women have almost 60,000 fewer athletic 
     opportunities to play than men, or that high school girls 
     have over 1 million fewer opportunities than boys do to play 
     sports. It fails to take any steps to open opportunities for 
     women and girls of color, who are disproportionately impacted 
     by these disparities in participation opportunities. H.R. 734 
     does not advance policies to address the second-class 
     treatment women's and girls' teams continue to receive from 
     their schools as compared to men's and boys' teams when it 
     comes to facilities, equipment, and travel. Nor does H.R. 734 
     seek to strengthen protections against the rampant sexual 
     abuse student-athletes of all ages and genders still

[[Page H1864]]

     face. To put it plainly, one would be hard pressed to explain 
     how banning transgender women and girls from playing 
     alongside their peers does anything to address actual 
     problems of sex discrimination in sports.
       Transgender women and girls have been playing school sports 
     for years, and claims that they have been unfairly 
     ``dominating'' competition or excluding their cisgender peers 
     from chances to play are utterly false. Indeed, recent data 
     from the CDC shows that state policies that prevent 
     transgender high school students from playing are correlated 
     with lower participation by all high school girls between 
     2011 and 2019; meanwhile, participation by all girls remained 
     unchanged in states with policies allowing transgender 
     students to play. H.R. 734's real purpose is not to expand 
     opportunities for women and girls, but to deny transgender, 
     intersex, and nonbinary students of their right under Title 
     IX to equal athletic opportunities. This bill coopts the 
     language of women's rights to undermine protections against 
     sex discrimination.
       Not only does H.R. 734 fail to address the actual, ongoing 
     problems that limit women's and girls' opportunities in 
     school sports, but excluding women and girls who are 
     transgender from school sports invites gender policing that 
     threatens all women and girls. H.R. 734 is vague and 
     unworkable, and could only be implemented by a combination of 
     invasive and harmful practices. There is no principled way to 
     apply the bill's unclear language to the many girls and young 
     women born with intersex variations, which by definition, are 
     variations in ``reproductive biology and genetics at birth. 
     ``Similar bans have been widely used to push girls and women 
     born with these variations out of sports opportunities and 
     have chilled their participation in school sports. 
     Additionally, H.R. 734 would inevitably lead to some schools 
     adopting invasive and dangerous ``sex verification'' 
     practices, which police women and girls' bodies by forcing 
     them to submit to a variety of humiliating and unscientific 
     practices for the purported purpose of determining whether 
     they are ``really'' girls or women. These procedures make all 
     women and girls vulnerable to sexual abuse, but are 
     especially likely to be used to target Black and brown women 
     and girls who do not conform to white ideals of femininity, 
     other women and girls who do not conform to sexist 
     stereotypes, and nonbinary and gender nonconforming students. 
     If H.R. 734 becomes law, it would permit school districts, 
     colleges and universities, and athletics associations to 
     become the arbiters of who is ``sufficiently'' feminine to 
     play, thereby perpetuating harmful racist and sexist 
     stereotypes that punish students for who they are or how they 
     look, and placing students at further risk for sexual abuse.
       Transgender and intersex women and girls are women and 
     girls, and should have the right to participate in athletics 
     consistent with their gender identity. The blanket, 
     discriminatory exclusion that H.R. 734 would mandate for 
     every age, every sport, and every level of competition flies 
     in the face of Title IX's mandate of equal access to 
     educational opportunities. H.R. 734 promotes fear, dangerous 
     stereotypes, and sex discrimination based on misinformation, 
     and it should not become law.
       As women's rights and gender justice organizations, we 
     vehemently reject the dangerous legislation and rhetoric 
     pushed by politicians seeking to marginalize transgender, 
     nonbinary, and intersex people. Supporting the civil rights 
     of women and girls cannot be separated from championing 
     policies that protect the rights of transgender, intersex, 
     and nonbinary individuals' rights to be free from sex 
     discrimination, including in school sports. This, at a 
     minimum, includes voicing strong opposition to H.R. 734.
           Sincerely,
       National Women's Law Center and Women's Sports Foundation, 
     joined by:
       National Organizations:
       A Better Balance, Advocates for Youth, Alliance of Tribal 
     Coalitions to End Violence, American Association of 
     University Women, Athletes Unlimited, Catholics for Choice, 
     Clearinghouse on Women's Issues, End Rape On Campus, Equal 
     Rights Advocates, Family Values @ Work, Feminist Majority 
     Foundation, Futures Without Violence, Girls Inc., Harvard Law 
     School Gender Violence Program, Healthy Teen Network, 
     Institute for Women's Policy Research, It's On Us, Jewish 
     Women International, Just Solutions, Know Your IX, Advocates 
     for Youth, Legal Momentum, the Women's Legal Defense and 
     Education Fund, National Coalition Against Domestic Violence, 
     National Council of Jewish Women, National Latina Institute 
     for Reproductive Justice.
       National Network to End Domestic Violence, National 
     Organization for Women, National Partnership for Women & 
     Families, National Resource Center on Domestic Violence, 
     National Women's Political Caucus, Physicians for 
     Reproductive Health, Public Justice, SafeBAE, Sexual Violence 
     Prevention Association, SIECUS, Stop Sexual Assault in 
     Schools, The Army of Survivors, The Every Voice Coalition, 
     The National Domestic Violence Hotline, Tucker Center for 
     Research on Girls & Women in Sport, UltraViolet Action, Union 
     for Reform Judaism, United State of Women (USOW), ValorUS, 
     VOICE IN SPORT Foundation, Women's Law Project, YWCA USA, 
     9to5.
       State and Local Organizations:
       AAUW Pennsylvania, Bucks County Women's Advocacy Coalition, 
     Chicago Alliance Against Sexual Exploitation (CAASE), 
     Connecticut Coalition Against Domestic Violence, Family 
     Violence Appellate Project, Forward Allies, Gender Equality 
     Law Center, Gender Justice, Illinois Coalition Against 
     Domestic Violence, Iowa Coalition Against Domestic Violence, 
     Jane Doe, Inc., Legal Aid at Work, Maine Women's Lobby, Make 
     It Work Nevada, Maryland Network Against Domestic Violence, 
     Men Stopping Violence, Inc., Nevada Coalition to End Domestic 
     and Sexual Violence, New York State Coalition Against 
     Domestic Violence, North Carolina Coalition Against Domestic 
     Violence, Oregon Coalition Against Domestic and Sexual 
     Violence, Pennsylvania Coalition Against Domestic Violence, 
     Pride Aroostook, Rebuilding Hope! Sexual Assault Center for 
     Pierce County, Rhode Island Coalition Against Domestic 
     Violence.
       Vermont Network Against Domestic and Sexual Violence, 
     Violence Free Minnesota, Virginia Sexual and Domestic 
     Violence Action Alliance, Washington State Coalition Against 
     Domestic Violence, Women Against Abuse, Women's Center & 
     Shelter of Greater Pittsburgh, Women's Resource Center, 
     Women's Resources of Monroe County, Inc., YWCA Berkeley/
     Oakland, YWCA Billings, YWCA Binghamton Broome County, YWCA 
     Delaware, YWCA Duluth, YWCA Golden Gate Silicon Valley, YWCA 
     Grand Island, YWCA Jamestown, YWCA Kaua`i, YWCA Minneapolis, 
     YWCA New Hampshire, YWCA North Central Washington, YWCA 
     Northeast Kansas, YWCA Northern New Jersey, YWCA of Eastern 
     Union County, YWCA Pierce County, YWCA Princeton, YWCA 
     Western New York, YWCA Yakima.
       We, the undersigned athletes, believe that every child 
     deserves to have their life changed for the better by being 
     able to participate in the sport that they love.
       As professional, Olympic and Paralympic athletes, we have 
     dedicated our lives to sports. Sports have given us our 
     greatest friends, taught us incredible life lessons, and 
     given us the confidence and drive to succeed in the world. 
     Those of us who love sport know that its value goes far 
     beyond the playing field, to developing a sense of self and 
     identity, and reflecting what we value as a community. Sport 
     is a tremendous outlet for physical and mental health, 
     teaches valuable lessons on teamwork and discipline, and has 
     brought us lifelong community. Every single child should have 
     access to the lifesaving power of sports.
       Right now, transgender and intersex human rights are under 
     attack, with politicians in Washington D.C. pushing forward 
     H.R. 734, the so-called ``Protection of Girls and Women in 
     Sports Act'', which would stipulate that Title IX compliance 
     requires banning transgender and intersex girls and women 
     from participating in sports. If this bill passes, 
     transgender and intersex girls and women throughout the 
     country will be forced to sit on the sidelines, away from 
     their peers and their communities. Furthermore, the policing 
     of who can and cannot play school sports will very likely 
     lead to the policing of the bodies of all girls, including 
     cisgender girls. This will deter girls from participating in 
     sports and create additional barriers. Denying children 
     access to a place where they can gain significant mental and 
     physical health benefits, and learn lifelong lessons that 
     come from being part of a team and working hard towards your 
     goals does not protect women in sports.
       We believe that gender equity in sport is critical which is 
     why we urge policymakers to turn their attention and effort 
     to the causes women athletes have been fighting for decades, 
     including equal pay, an end to abuse and mistreatment, uneven 
     implementation of Title IX, and a lack of access and equity 
     for girls of color and girls with disabilities, to name only 
     a few
       Our deepest hope is that transgender and intersex kids will 
     never have to feel the isolation, exclusion and othering that 
     H.R. 734 is seeking to enshrine into law.
           Signed,
       Abby Dunkin, Paralympic Gold medalist, Wheelchair 
     Basketball, Team USA
       Alison Desir, Founder, Harlem Run and Co-Chair, Running 
     Industry Diversity Coalition
       Angela Hucles, Former Professional and Olympic Soccer 
     Player, Team USA/NWSL; Former President of the Women's Sports 
     Foundation
       Becky Sauerbrunn, Olympic Gold Medalist, Soccer, Team USA/
     NWSL
       Bella Bixby, Professional Soccer Player, NWSL
       Brad Stuver, Professional Soccer Player, MLS
       Caitlin Cosme, Professional Soccer Player, NWSL
       Carly Nelson, Professional Soccer Player, NWSL
       Carrie Sheinberg, Former Olympic Alpine Skier, Team USA
       CeCe Telfer, NCAA National Champion
       Celia Jimenez, Professional Soccer Player, NWSL and Spanish 
     National Team
       Chris Mosier, Triathlete & Duathlete, 6-time Team USA and 
     Founder of TransAthlete.Com
       Devin Ibanez, Professional Rugby Player, Major League Rugby
       Emily Menges, Professional Soccer Player, NWSL
       Erika Lawler, Olympic Ice Hockey Player, Team USA
       Esther Lofgren, Olympic Rower, Team USA
       Grete Eliassen, Professional Freestyle Skier
       Gwen Berry, Olympic Track and Field athlete, Team USA

[[Page H1865]]

       Imani Dorsey, Professional Soccer Player, NWSL
       JayCee Cooper, Powerlifter
       Jessica Mendoza, Former Olympic Softball Player, Team USA
       Johnny Stanton, Professional Football Player, NFL
       Kaiya McCullough, Former Professional Soccer Player, NWSL
       Kaylie Collins, Professional Soccer Player, NWSL
       Kendall Chase, Olympic Rower, Team USA
       Layshia Clarendon, Professional Basketball Player, WNBA
       Lori Lindsey, Former Olympic and Professional Soccer 
     Player, Team USA/NWSL
       Madison Packer, Professional Ice Hockey Player, Premier 
     Hockey Federation
       Meaghan Nally, Professional Soccer Player, NWSL
       Megan Rapinoe, Olympic and Professional Soccer Player, Team 
     USA/NWSL
       Meghan Duggan, Former Olympic Ice Hockey Player, Team USA
       Meghan Klingenberg, Olympic and Professional Soccer Player, 
     Team USA/NWSL
       Meghan O'Leary, Olympic Rower, Team USA
       Mikey Lopez, Professional Soccer Player, USL Championship
       Naya Tapper, Olympic Rugby Player, Team USA
       Pam Boteler, Former Team USA Sprint Canoeist
       Patricio Manual, Professional Boxer
       Sophia Herzog-Gibb, Paralympic Swimmer, Team USA
       Sue Bird, Olympic and Professional Basketball Player, Team 
     USA/WNBA
       Tziarra King, Professional Soccer Player, NWSL

  Mr. TAKANO. I remind my colleagues on the other side that trans 
people do exist. To deny their existence is to also deny their 
humanity, and this is a terrible thing.
  Mr. Chairman, I yield 1 minute to the gentleman from Florida (Mr. 
Frost).
  Mr. FROST. Mr. Chairman, this morning I called a 12-year-old in my 
district who is worried about their future as a nonbinary kid in this 
country. They should be playing and learning, and not writing to their 
Congress Member, desperate to not lose their right to exist.
  These are the priorities of the Republican majority--not addressing 
gun violence, rising rent, or medical bills, but violating the privacy 
of children. I am glad I get previews. I get special previews of what 
this Republican majority is going to try to do in this body because 
they are simply taking bills that are being passed in Florida and 
across the South, horrible bills, and trying to get them passed up 
here.
  This isn't about a problem that needs a solution, but about 
politicians looking for a target. We want freedom and liberty for all 
of our people, and they want the government to be in children's pants. 
Disgusting.
  History will not look kindly on this. Trans people will continue to 
fight for equity. We will be right by their side, and we will win.
  Ms. FOXX. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Wyoming (Ms. Hageman).
  Ms. HAGEMAN. Mr. Chairman, I will start by stating the obvious fact 
that it seems astonishing to even have to state: Men and women are 
biologically different and just by a boy calling himself a girl, it 
doesn't make it so.
  It is amazing but telling that the same people who scolded us about 
following the science during COVID have attempted to do anything but 
follow actual science when it comes to men and boys in women's sports.
  Boys shouldn't be dunking on girls during a high school basketball 
game or hitting home runs in a girls' softball game. No sane person can 
argue that men and women do not have different physical 
characteristics, strength, and speed. There is a reason why girls and 
boys have different sports teams.
  I played sports in high school, and I am sure glad that we weren't as 
lost as a society as what we seem to be today. What has gone so 
horribly wrong in our society where those of us who are not okay with 
our daughters and granddaughters sharing a locker room or a bathroom 
with boys are the ones that are considered to be crazy by the liberal 
elites, sports leagues, and woke corporations.
  Mr. TAKANO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
New Mexico (Ms. Stansbury).
  Ms. STANSBURY. Mr. Chairman, I rise today to stand with our trans 
kids and their freedom to be who they are. To all of our trans and 
LGBTQ+ kids who are watching today, let me just say that we see you, 
that we love you, and that you belong.
  Now, let's be clear about what this bill actually is: It is about 
legislating hate in the name of advancing a political agenda. Now, our 
colleagues are trying to claim that they are out here defending the 
rights of women as they are waging a campaign to take away our 
reproductive freedoms, to ban books, and now to bully our kids. It is 
disgusting.
  I am proud to be a New Mexican, and I am proud to be from a State 
that is defending the rights of our children, of our LGBTQ+ community, 
and our reproductive rights, because in New Mexico, we stand with trans 
kids, and we stand in the fiercest opposition to this bill.
  Ms. FOXX. Mr. Chairman, I yield 1 minute to the gentleman from 
Minnesota (Mr. Stauber).
  Mr. STAUBER. Mr. Chairman, I rise today in support of the Protection 
of Women and Girls in Sports Act. Last year, we celebrated the 50th 
anniversary of Title IX, which has made incredible progress for women 
in this country, opening doors for countless women and girls.
  Thanks to Title IX, women have been afforded incredible opportunities 
in sports. I have seen this firsthand in my daughter who is an aspiring 
college volleyball player, as well as through the growth of women's 
professional sports across this country, including women's hockey.
  It is outrageous that we even have to consider legislation like this 
today, but, unfortunately, Democrats are seeking to weaken Title IX. 
President Biden and Democrats across this Nation are pushing for 
radical policies that will jeopardize the progress that has been made 
over 50 years.
  These policies ignore the biological differences between men and 
women. They will force female athletes to compete against biological 
males in high school and collegiate sports. They will jeopardize years 
of hard work put in by female athletes like my daughter and 
disincentivize their future participation. In short, they will erase 
women from athletics.
  The Protection of Women and Girls in Sports Act will protect and 
strengthen Title IX and will ensure that women and girls have the level 
playing field they deserve.

                              {time}  1400

  Mr. TAKANO. Mr. Chair, I include in the Record an article from the 
Advocate titled ``Judge Blocks Utah Trans Sports Ban, While Probe of 
Athlete Emerges,'' from August 2022.

                   [From the Advocate, Aug. 19, 2022]

   Judge Blocks Utah Trans Sports Ban, While Probe of Athlete Emerges

                            (By Trudy Ring)

       A judge in Utah has blocked enforcement of the state's 
     transgender sports ban, days after news emerged that parents 
     of cisgender female athletes had filed a complaint about an 
     alleged trans competitor who turned out not to be.
       Judge Keith A. Kelly in the Third District Court of Utah, 
     located in Salt Lake County, issued a preliminary injunction 
     Friday against the state's blanket ban on trans girls in 
     girls' school sports, meaning it can't be enforced while a 
     lawsuit against it proceeds. The ban is only one section of 
     the law passed as House Bill 11. He left the rest of the law 
     intact, including the requirement for trans girls to go 
     before a commission to determine their eligibility to compete 
     in girls' sports.
       ``Thus, the effect of this preliminary injunction will not 
     mean that transgender girls will automatically be eligible to 
     compete on their school's girls' teams,'' Kelly wrote. 
     ``Rather, it will allow them to compete only upon the 
     commission's determination that their being able to compete 
     is fair under all of the circumstances.''
       Utah lawmakers overrode Gov. Spencer Cox's veto to pass the 
     legislation in March.
       The injunction comes shortly after another development 
     regarding the law. The parents of the second- and third-place 
     finishers in a state-level girls' sports event complained to 
     the Utah High School Activities Association that they 
     suspected the winner of the event was trans, David Spatafore, 
     legislative representative for the association, told the Utah 
     Legislature's Education Interim Committee Wednesday, the 
     Deseret News reports. The UHSAA had the student's school 
     investigate, looking over her records all the way back to 
     kindergarten, and it turned out that she was not trans. He 
     didn't identify the student, the school, or the sport, citing 
     privacy considerations.
       He said the association has received other complaints about 
     supposed trans competitors, sometimes with people saying a 
     girl simply ``doesn't look feminine enough.''
       Opponents of the law said this shows major problems with 
     it. ``We warned about this being a possibility, that everyone 
     would accuse everyone who is successful of being

[[Page H1866]]

     transgender,'' Sue Robbins, a member of the Transgender 
     Advisory Council of Equality Utah, told The Salt Lake 
     Tribune. ``It becomes about judging women's bodies. And no 
     body is safe.''
       At his monthly press conference Thursday, Gov. Cox called 
     this investigation a disturbing development. ``My goodness, 
     we're living in this world where we've become sore losers, 
     and we're looking for any reason why our kid lost,'' he said, 
     according to the Tribune. ``I have a real problem with that 
     story. . . . I just wish we could be a little more thoughtful 
     in life and a little less critical of other people.''
       Meanwhile, the parents who filed suit against the law 
     welcomed Friday's injunction. ``My husband and I are very 
     relieved by this decision,'' Debbie Roe, a parent plaintiff 
     in the lawsuit, Roe v. UHSAA, said in a press release. ``We 
     are grateful the court understood how much harm this law has 
     caused, which has been a huge source of stress and trauma for 
     our child. Our daughter just wants the same chance as other 
     kids to make friends and play on the team she loves. Today's 
     ruling gives her the opportunity to do that.''
       ``This is a win not only for my child but for all girls in 
     this state,'' added Jean Noe, another parent plaintiff. 
     ``This law is based on stereotypes and misconceptions that 
     are harmful to all girls. I am grateful the court has put 
     this dangerous law on pause and that, at least for the 
     moment, all Utah children can know that they are valued and 
     supported.''
       ``We are very pleased by the court's decision,'' said 
     Justice Christine Durham, former chief justice of the Utah 
     Supreme Court and senior of counsel at Wilson Sonsini, one of 
     the lawyers representing the parents. ``Thus far, every court 
     to rule on a similar ban has barred it from taking effect, 
     due in part to the serious harms caused by excluding an 
     entire group of students from such an important school 
     activity. We read today's decision as recognizing that the 
     law is not only discriminatory but puts Utah children at 
     needless risk of lifelong harm. We look forward to moving 
     forward with the case and securing a permanent decision 
     blocking the law from taking effect.''
       In addition to Wilson Sonsini, the parents are represented 
     by the American Civil Liberties Union of Utah and the 
     National Center for Lesbian Rights.

  Mr. TAKANO. Mr. Chair, I yield 1 minute to the gentlewoman from 
California (Ms. Kamlager-Dove)
  Ms. KAMLAGER-DOVE. Mr. Chair, I rise today to strongly oppose this 
attack on trans women and girls, known as the Republicans' politics 
over participation act.
  Americans are concerned about gun violence, paying rent, climate 
change, and reproductive rights, but Republicans are once again stoking 
culture fires, putting lives at risk, ignoring everyday kitchen-table 
issues, and searching for votes rather than solutions.
  This legislation would make it a violation of Title IX for federally 
funded institutions to allow trans women and girls to play sports, 
potentially setting gender equity back decades and undermining the true 
purpose of Title IX.
  This bill is so vaguely written that it would subject every single 
girl to undergo a medical evaluation to prove their femaleness. Did I 
wake up? Are we in Iran? Is this what we want to subject our girls to?
  This bill is assaultive, dehumanizing, and tantamount to rape. To its 
core, this bill is issue-deflecting and cloaked in misogyny, and it is 
a true disgrace because I don't think you would do this to a man to 
prove their maleness. This is sick.
  Vote ``no'' on this legislation.
  Ms. FOXX. Mr. Chair, I yield 1 minute to the gentlewoman from New 
York (Ms. Tenney).
  Ms. TENNEY. Mr. Chair, I thank the gentlewoman for yielding.
  Mr. Chair, I was a female athlete many years ago and didn't have 
access to Title IX like women do today. I was a competitive basketball 
player, equestrian, and, yes, the 1975 teenage curling champion from 
Utica, New York. Some of these sports are sports where women and men 
can compete equally, and some are not.
  I recently attended an event with Riley Gaines, the brave young woman 
who is standing up for women against the NCAA's unfairness in the 
women's swimming championship.
  Riley Gaines tied for first with a biological male and was denied the 
ability to get her trophy. In fact, they sent it to her in the mail. 
She couldn't stand on the podium because she was told by an NCAA 
official that they needed a photo op to put the biological male in that 
place, a person who had competed as a male for 3 years unsuccessfully 
before coming in and reaching the top of the women's championships.
  Unfortunately, Riley did not get to have that title. She did not get 
to sit on the podium.
  Today, House Republicans are standing up for Riley and women like 
her.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Ms. FOXX. Mr. Chair, I yield an additional 15 seconds to the 
gentlewoman from New York.
  Ms. TENNEY. Mr. Chair, this type of unfair competition weakens Title 
IX protections. I hope that we will all join in and protect women's 
sports, especially when we have worked so hard as women to gain these 
rights for women, our grandchildren, and our children of tomorrow.
  I thank the sponsor, Mr. Steube, and I thank Dr. Foxx for putting 
this bill on the floor and for her advocacy.
  Mr. TAKANO. Mr. Chair, I yield 1 minute to the gentleman from Ohio 
(Mr. Landsman).
  Mr. LANDSMAN. Mr. Chair, I rise today in opposition to this bill.
  I hate bullies. This bill is about bullying children.
  Children struggle with identity, gender, and otherwise. As a parent, 
I need all the other adults, teachers, coaches, and lawmakers to help 
me and my wife to protect our children, support them, give them a sense 
of purpose and belonging.
  This is the opposite of that. You are picking on children.
  Your government has become so intrusive in our lives. You are in our 
doctors' offices banning reproductive freedom. You are in our 
classrooms banning books and what teachers can and can't say.
  Now, you are in my daughter's locker room requiring physical exams of 
children? It is so profoundly disgusting and inappropriate.
  It is un-American. Don't tread on us. Let us be.
  We have an economy to fix, a public safety crisis to address, a 
border to secure, a budget to balance, roads to pave, and bridges to 
build.
  Focus. Stop bullying children.
  Ms. FOXX. Mr. Chair, I reserve the balance of my time.
  Mr. TAKANO. Mr. Chair, I include in the Record letters from the Human 
Rights Campaign and the Athletes' Advisory Council.

                                        Human Rights Campaign,

                                                   April 14, 2023.
       Dear Representative: On behalf of the Human Rights 
     Campaign's more than three million members and supporters 
     nationwide, I write to express our strong opposition to H.R. 
     734--the misnamed Protection of Women and Girls in Sports Act 
     of 2023 which seeks to implement a discriminatory ban on 
     transgender girls participating in girls' sports nationwide. 
     As the nation's largest civil rights organization working to 
     achieve lesbian, gay, bisexual, transgender, and queer 
     equality, we are deeply concerned about the negative impact 
     this legislation would have on young people already facing 
     significant challenges due to stigma and discrimination.
       Athletics are an experience everyone deserves equal access 
     to. School sports provide important development opportunities 
     that teach young people about teamwork, perseverance, 
     leadership, discipline, and exercise, and help them build 
     friendships and community. All kids--including transgender 
     girls and intersex children who would also be restricted from 
     participating in school sports by this bill--should have the 
     same opportunities to participate in activities that embody 
     our shared ideals as Americans.
       We know that allowing transgender and intersex youth to 
     play sports in school does not disadvantage anyone else. 
     States, school districts, and athletic associations around 
     the country have allowed transgender and intersex young 
     people to participate in school sports consistent with their 
     gender identity for decades--all without issue. Indeed, 
     despite hundreds, if not thousands, of transgender women and 
     girls participating in sports over time, only a handful of 
     transgender athletes in high school or college have had any 
     notable success. This is because transgender and intersex 
     students do not seek to participate in sports consistent with 
     their gender identity to gain an unfair advantage--they do it 
     for the same reasons other young people play sports in 
     school: to challenge themselves, improve their fitness, be 
     part of a team, and have fun.
       Banning transgender and intersex kids from playing sports 
     in school would do nothing to address ongoing, well-
     documented threats to girls' and women's sports, including a 
     lack of equal resources, pay inequality, and sexual 
     harassment. Advocates for women and girls in sports like the 
     National Women's Law Center, the Women's Sports Foundation, 
     Women Leaders in College Sports, and American Association of 
     University Women all support policies allowing transgender 
     people to play sports consistent with their gender identity.
       These groups oppose efforts to exclude transgender students 
     like this bill, which

[[Page H1867]]

     would promote baseless fears and misinformation rather than 
     solve any real problems.
       We urge you to vote no on H.R. 734, as well as vote against 
     any anti-LGBTQ+ amendments. We will consider these key votes.
           Sincerely,
                                                  Kelley Robinson,
     President.
                                  ____



                                   Athletes' Advisory Council,

                                                   April 14, 2023.
     Re H.R. 734--OPPOSE.

       Dear Members of Congress: The Team USA Athletes' Commission 
     (Team USA AC), formally known as the United States Olympic 
     and Paralympic Committee Athletes' Advisory Council (AAC), 
     serves as the representative group and voice of Team USA 
     athletes (approximately 5,000 athletes). We write to you 
     today to voice our opposition to H.R. 734, ``The Protection 
     of Women and Girls in Sports Act of 2023.''
       H.R. 734 does not align with the Team USA AC position, as 
     detailed in our June 2022 Statement on Transgender and 
     Nonbinary Athlete Inclusion:
       ``The AAC [now Team USA AC], which serves as the 
     representative group and voice of Team USA athletes, seeks to 
     promote a safe and welcoming environment for everyone 
     involved in sport, consistent with the AAC's core values of 
     championing diversity, equity and inclusion.
       Everyone should have equal access to and opportunity in 
     sport. The AAC opposes any attempt to marginalize, limit or 
     deny human rights and is on the side of inclusion of all 
     participants in youth sports. Banning transgender and 
     nonbinary kids from sports ostracizes from a fundamental part 
     of growing up and all the benefits sports provide to youth.
       The AAC also recognizes the difference between youth sports 
     (K-12 and recreational) and elite sports. Competitive sport 
     relies on a level playing field where no athlete has an 
     unfair and disproportionate advantage over another. Sport 
     must ensure everyone, irrespective of their gender identity 
     or sex characteristics, can compete in a safe environment 
     that respects and recognizes their needs and identities while 
     balancing the interests of ensuring fair competition. Like 
     the IOC, we echo that simply because an athlete is 
     transgender or has an intersex variation, does not mean they 
     automatically have a competitive advantage in sport.
       Each sport's governing body should be given the latitude to 
     determine how an athlete may be at a disproportionate 
     advantage over another considering the nature of each sport. 
     Eligibility criteria play a paramount role in ensuring 
     fairness, particularly at the elite level. Such criteria 
     should be evidence-based, employ a stakeholder centered 
     approach and be grounded in inclusion, prevention of harm, 
     fairness and nondiscrimination. As the AAC, we remain 
     committed to ensuring all athletes have the right to 
     participate in sport in a way that respects their health, 
     safety and dignity.'
       The blanket exclusion that H.R. 734 would mandate for every 
     age, every sport, and every level of competition is contrary 
     to Title IX's mandate of equal access to educational 
     opportunities.
       We ask all members of Congress to oppose H.R. 734.
           Sincerely,
                                                      Mark Ladwig,
                             Chair, Team USA Athletes' Commission.

  Mr. TAKANO. Mr. Chair, I yield 30 seconds to the gentleman from Texas 
(Mr. Green).
  Mr. GREEN of Texas. Mr. Chair, and I still I rise with but 30 seconds 
to take a position.
  It is impossible in the time allotted to give a proper recitation. I 
can but say this: I don't believe that this is the place for this 
decision to be made, regardless as to what your position is. I stand 
against the legislation because I don't think it ought to be before the 
House of Representatives.
  Ms. FOXX. Mr. Chair, I yield myself such time as I may consume.
  Mr. Chair, I want to briefly discuss the proposed regulation the 
Department of Education recently issued on this topic.
  Frankly, either you believe women's access to athletic opportunity 
should be protected or you don't. Either you believe fairness and 
safety in women's athletics should be protected or you don't.
  The Department of Education clearly doesn't believe in those things. 
If it did, it wouldn't have proposed a rule that will upend the laws 20 
States have on the books protecting women's sports.
  More shockingly, the Department's rule provides no meaningful 
guidelines as to what will be an acceptable level of protection for 
female athletes. That decision will apparently be made on a case-by-
case basis by Secretary of Education Cardona.
  Democrats apparently believe one man should get to decide whether or 
not women athletes are guaranteed equal access, fairness, and safety. 
Once upon a time, Democrats would have recognized the cruel irony of 
that. Unfortunately, that day is long gone.
  Fortunately, Republicans haven't lost sight of our obligation, and 
that is why we will pass this bill.
  Mr. Chair, I reserve the balance of my time.
  Mr. TAKANO. Mr. Chair, may I inquire of the time remaining.
  The Acting CHAIR. The gentlewoman from North Carolina has 2\1/2\ 
minutes remaining. The gentleman from California has 8 minutes 
remaining.
  Mr. TAKANO. Mr. Chair, I yield 30 seconds to the gentlewoman from 
Massachusetts (Ms. Pressley).
  Ms. PRESSLEY. Mr. Chair, I rise today in solidarity with our children 
across the Nation.
  I want to speak plainly to our trans kids: You belong. You are 
enough. You deserve to show up fully in this world. You deserve joy and 
every single opportunity. You are perfect just as you are. In the 
classroom and on the soccer field, you should not be subject to 
discrimination. You should be able to just be a kid. I will always be 
in your corner.
  To anyone who supports this cruel bill, shame on you. If you want to 
advance policy on behalf of our kids, this isn't it. Ban assault 
weapons so they can live to the last school bell. Get off your soapbox 
and stop politicking with our kids' lives.
  The Acting CHAIR. Members are reminded to address their remarks to 
the Chair.
  Ms. FOXX. Mr. Chair, I reserve the balance of my time.
  Mr. TAKANO. Mr. Chair, I include in the Record letters from the ACLU, 
the Leadership Conference of Civil and Human Rights, and GLSEN, all in 
opposition to H.R. 734.


                               American Civil Liberties Union,

                                   Washington, DC, April 14, 2023.
       Dear Representative: The American Civil Liberties Union 
     strongly urges you to oppose H.R. 734, the Protection of 
     Women and Girls in Sports Act. This discriminatory and 
     unconstitutional legislation would make it illegal for 
     schools receiving federal funding to allow transgender girls 
     and women to play on sports teams for girls and women, in 
     violation of the Constitution's guarantee of equal 
     protection. In addition, under Title IX, all girls, including 
     those who are transgender, should be able to participate 
     fully and equally in athletics, in accordance with who they 
     are. This will be the first vote in congressional history to 
     specifically single out transgender people for 
     discrimination. Because of the importance of this vote, the 
     ACLU will be scoring it.
       Across the country, state legislatures have advanced 
     legislation to ban transgender children from participating in 
     sports, particularly transgender girls. These legislators--
     like the proponents of this legislation--have argued that 
     passing these bans is necessary to protect sports for girls 
     and women. There are a multitude of barriers facing female 
     student athletes--from continued funding inequities to pay 
     disparities among coaches and staff to harassment and abuse. 
     The participation of their transgender peers, who frequently 
     number in the single digits in states that have enacted bans 
     identical to this one, is simply not one of those barriers.
       Legislators supporting these bans are cynically using 
     transgender people as political pawns under the guise of 
     ``protecting women's sports,'' yet leading advocates for 
     women's sports, including the Women's Sports Foundation, 
     Women Leaders in College Sports, the Tucker Center for 
     Research on Girls & Women in Sport, National Women's Law 
     Center, and hundreds of athletes in women's sports and other 
     women's rights groups have consistently voiced their strong 
     support for inclusion of transgender girls and women in 
     women's sports.
       These organizations rightly recognize that transgender 
     girls and women participate in sports for the same reasons as 
     their peers who are not transgender: to be part of a team, 
     learn sportsmanship, and challenge themselves. The experience 
     of 12-year-old Becky PepperJackson from West Virginia is 
     reflective of so many other transgender youth across the 
     country. These are Becky's own words:
       A long time before I or my parents understood what the word 
     ``transgender'' meant--as far back as I can remember--I knew 
     that I am a girl. I'm 12 years old and in the 7th grade now, 
     and I'm lucky that my friends at school all accept me for who 
     I am: a girl who loves math and science, anything pink, and 
     playing video games with my friends. And I'm a runner. Most 
     of my family runs. I run with my two big brothers and my mom, 
     and sometimes my aunt joins us too.
       After I ran with my school's cross-country team in the 
     spring of 2022, my coach encouraged me to try out for some of 
     the field events. I made the team for shotput and discus, and 
     I love both. It was so much fun to cheer on my teammates at 
     the meets, and they would cheer me on when I competed in my 
     events. I kept up with cross-country too. The past two years 
     on my middle school's girls' cross-country and track-and-
     field teams have been the best of my life. My teammates and I 
     have the best time during practices and at cross-country and 
     track-

[[Page H1868]]

     and-field meets. They support me even when I am not the 
     fastest or best on the team. I don't want to stop doing the 
     thing that I love and that is part of who I am. Sports are 
     everything to me and my cross-country and track-and-field 
     teams have become my second family over the last two years. I 
     have many more years of cross-country and track-and-field 
     left, and I just want the opportunity to participate in 
     school sports like any other girl.
       H.R. 734 does nothing to address the real barriers facing 
     female student athletes. Instead, it targets a small, already 
     vulnerable group of people for further discrimination. The 
     ACLU strongly urges all Members to vote NO on H.R. 734.
           Sincerely,
     Christopher Anders,
       Federal Policy Director.
     Ian S. Thompson,
       Senior Legislative Advocate.
                                  ____

                                         The Leadership Conference


                                    on Civil and Human Rights,

                                   Washington, DC, March 27, 2023.

                Oppose H.R. 734 To Protect Civil Rights

       Dear Member of Congress: On behalf of The Leadership 
     Conference on Civil and Human Rights, a coalition charged by 
     its diverse membership of more than 230 national 
     organizations to promote and protect the civil and human 
     rights of all persons in the United States, and the 187 
     undersigned organizations, we call for the full inclusion, 
     protection, and celebration of transgender, nonbinary, and 
     intersex youth, including access to extracurricular 
     activities such as athletics and to school facilities, safe 
     and inclusive school environments, and accurate and inclusive 
     curriculum. We reject H.R. 734, the so-called Protection of 
     Women and Girls in Sports Act of 2023, because it would harm 
     women and girls and undermine civil rights for all students.
       This discriminatory proposal seeks to exclude transgender, 
     nonbinary, and intersex people from athletics programs in 
     schools. Although the authors of the legislation represent 
     themselves as serving the interests of cisgender girls and 
     women, this legislation does not address the longstanding 
     barriers all girls and women have faced in their pursuit of 
     athletics. Instead of providing for equal facilities, 
     equipment, and travel, or any other strategy that women 
     athletes have been pushing for for decades, the bill 
     cynically veils an attack on transgender people as a question 
     of athletics policy.
       Youth sports often play a significant role in children's 
     lives and development, helping them to develop critical life 
     skills like communication, teamwork, and leadership. Sports 
     spaces are imperative for all young people, no matter their 
     gender. Transgender, nonbinary, and intersex youth want to 
     participate in team sports for the same reasons as their 
     cisgender peers: to be part of a team, learn sportsmanship, 
     and challenge themselves. School athletics are very often the 
     centerpiece of communities across the country, and denying 
     transgender, nonbinary, and intersex youth the chance to 
     participate only serves to deny them an opportunity to be 
     part of that community, further isolating and stigmatizing 
     these youth.
       The civil and human rights community is no stranger to the 
     proffering of a bigoted agenda as if it were about equal 
     opportunity. We know about wolves in sheep's clothing. We 
     know that when affirmative action policies created to level 
     the playing field in higher education admissions are attacked 
     by opponents of voting rights, that their agenda is not about 
     the rights of people of color know that when companies profit 
     from poverty wages for disabled people, especially in 
     segregated work sites, that their agenda is not about 
     independence and self-determination for worker And we know 
     that when opponents of Title IX, those who have sought for 
     decades to weaken its protections and undermine its 
     enforcement, now present themselves as the law's champions, 
     that their agenda is not about the rights of women and girls.
       Targeting and excluding transgender, nonbinary, and 
     intersex students from participation in school programming, 
     including athletics programs, alongside their cisgender peers 
     is harmful to all students and undermines the learning 
     environment for everyone. If schools mark some students 
     effectively as outcasts, they foster an environment where no 
     student is included and safe. H.R. 734's vague language and 
     intrusive focus on scrutiny of students' bodies will 
     effectively exclude girls and women with intersex variations 
     from participation, will invite scrutiny and harassment of 
     any other student perceived by anyone as not conforming to 
     sex stereotypes, and will likely be disproportionately used 
     to target girls and women of color. We support the full 
     inclusion and protection of transgender, nonbinary, and 
     intersex youth.
       We are fortunate that transgender, nonbinary, and intersex 
     people are present in our community, and we fully embrace 
     them as members of our community. As organizations that care 
     deeply about ending sexbased discrimination and ensuring 
     equal educational opportunities, we support laws and policies 
     that protect transgender people from discrimination, 
     including full and equal participation in sports, access to 
     gender-affirming care, access to school facilities, and 
     access to inclusive curriculum. We firmly believe that an 
     attack on transgender youth is an attack on civil rights.
       We ask all members of Congress to strongly oppose H.R. 734 
     and to reject attacks on transgender, nonbinary, and intersex 
     youth; to commit themselves to meaningfully advancing 
     policies that support equal opportunity; and to reassure all 
     students in the Nation's classrooms that they will have the 
     chance to learn, grow, and thrive. If you have any questions, 
     please reach out to Liz King, senior program director at The 
     Leadership Conference on Civil and Human Rights.
           Sincerely,
       National (116): The Leadership Conference on Civil and 
     Human Rights; Act To Change; Advocates for Youth; American 
     Association of University Women; American Atheists; American 
     Civil Liberties Union; American Federation of State, County 
     and Municipal Employees (AFSCME); American Federation of 
     Teachers; American Humanist Association; American School 
     Counselor Association; Asexual Visibility and Education 
     Network; Asian Americans Advancing Justice|AAJC; Athlete 
     Ally; Autistic Self Advocacy Network; Bazelon Center for 
     Mental Health Law; Campus Pride; Care in Action; Center for 
     American Progress; Center for Applied Transgender Studies.
       Center for Law and Social Policy (CLASP); Center for LGBTQ 
     Economic Advancement & Research (CLEAR); CenterLink: The 
     Community of LGBT Centers; Children's Defense Fund; 
     Clearinghouse on Women's Issues; Collective Power for 
     Reproductive Justice; Community Catalyst; Disability Rights 
     Education & Defense Fund; EDGE Consulting Partners; 
     EducateUS: SIECUS In Action; Education Reform Now; Educators 
     for Excellence; End Rape On Campus; Equal Rights Advocates; 
     Equality Federation; Equity Forward; ERA Coalition; 
     Evaluation, Data Integration, and Technical Assistance (EDIT) 
     Program; Family Equality; Feminist Campus.
       Feminist Majority Foundation; Fenway Institute; FORGE, 
     Inc.; Girls Inc.; GLAAD; GLBTQ Legal Advocates and Defenders 
     (GLAD); GLMA: Health Professionals Advancing LGBTQ+ Equality; 
     GLSEN; Grandmothers for Reproductive Rights; Human Rights 
     Campaign; Human Rights First; Ibis Reproductive Health; If/
     When/How: Lawyering for Reproductive Justice; Impact Fund; 
     interACT: Advocates for Intersex Youth; Interfaith Alliance; 
     Japanese American Citizens League; Juvenile Law Center; Know 
     Your IX; Labor Council for Latin American Advancement.
       Lambda Legal; League of United Latin American Citizens 
     (LULAC); Legal Momentum, the Women's Legal Defense and 
     Education Fund; LPAC Action Network; LULAC-IL; MALDEF 
     (Mexican American Legal Defense and Educational Fund); 
     Matthew Shepard Foundation; MomsRising; Movement Advancement 
     Project; MoveOn; NAACP; National Black Justice Coalition; 
     National Center for Lesbian Rights; National Center for 
     Parent Leadership, Advocacy, and Community Empowerment 
     (National PLACE); National Center for Transgender Equality; 
     National Center for Youth Law; National Council of Jewish 
     Women; National Crittenton; National Disability Rights 
     Network (NORN); National Domestic Workers Alliance.
       National Education Association; National Hispanic Media 
     Coalition; National LGBT Cancer Network; National 
     Organization for Women; National Recreation and Park 
     Association; National Urban League; National Women's Law 
     Center; Oregonizers; PFLAG National; Planned Parenthood 
     Federation of America; Plume Health; PowerOn, a program of 
     LGBT Tech; Public Citizen; Public Justice; Reproductive 
     Rights Coalition; Sexual Violence Prevention Association 
     (SVPA); SIECUS: Sex Ed for Social Change; Sikh American Legal 
     Defense and Education Fund (SALDEF); Stanton Ventures; 
     Supermajority.
       The Advocates for Human Rights; The Education Trust; The 
     Sikh Coalition; The Trevor Project; TransAthlete; Transform 
     Together; Transgender Law Center; True Colors United; Trust 
     Women; Union for Reform Judaism; Unitarian Universalist 
     Association; United State of Women (USOW); VoteProChoice; We 
     Testify; Whole Woman's Health; Whole Woman's Health Alliance; 
     YWCA USA.
       State/Local (72): Acadiana Queer Collective; Aces NYC; 
     Action Together New Jersey; Advocates for Children of New 
     York; African American Office of Gay Concerns; AIDS 
     Foundation Chicago; Arkansas Black Gay Men's Forum; Avow 
     Texas; Bans Off Miami; Central Florida Jobs with Justice; 
     Chicago Abortion Fund; Cobalt; Colorado Children's Campaign; 
     DC Abortion Fund; Democrats for Education Reform DC (DFER 
     DC); DFER Colorado; Disability Law Center; Dutchess County 
     Progressive Action Alliance; Education Law Center 
     Pennsylvania.
       Education Reform Now Massachusetts; Education Reform Now 
     Texas; Equality California; Equality Florida; Equality 
     Illinois; Equality South Dakota; Equality Virginia; Equality 
     Maine; FL National Organization for Women; Florida Council of 
     Churches; Florida Health Justice Project; Gender Justice; 
     GLSEN New Mexico; Greater Orlando National Organization for 
     Women; Indivisible Coalition of Georgia; Indivisible DuPage; 
     Indivisible Miami; Jane's Due Process; JASMYN, Inc.; Joy as 
     Resistance.
       Lafayette Citizens Against Censorship; Los Angeles LGBT 
     Center; Louisiana Citizens Against Censorship; Louisiana 
     Coalition for Reproductive Freedom; Louisiana Progress; 
     Louisiana Trans Advocates; Massachusetts Transgender 
     Political Coalition; Mazzoni

[[Page H1869]]

     Center; Men Stopping Violence, Inc.; Missouri Health Care for 
     All; National Council of Jewish Women St. Louis; New Jersey 
     Safe Schools Coalition; New Orleans Youth Alliance; One 
     Colorado; OutFront Minnesota; OutNebraska; Pride Action Tank; 
     Pro Choice Missouri; Pro-Choice Connecticut; Pro-Choice North 
     Carolina.
       Pro-Choice Ohio; Pro-Choice Washington; Progress Florida; 
     Project Butterfly New Orleans; Queer Nortshore; Reproductive 
     Freedom Acadiana; Silver State Equality-Nevada; SOMA Justice 
     of South Orange/Maplewood; St. Tammany Library Alliance; The 
     Parents' Place of MD; The Womxn Project; Virginia Coalition 
     of Latino Organizations; Youth Outlook.
                                  ____



                                                        GLSEN.

     Minority Leader Hakeem Jeffries,
     Washington, DC.
       Dear Leader Jeffries: Thank you for your ongoing leadership 
     in combating the rise of discrimination against LGBTQ+ 
     Americans. We appreciate the opportunity to share our 
     thoughts on H.R. 734, the Protection of Women and Girls in 
     Sports Act.
       GLSEN is the leading national organization on LGBTQ+ issues 
     in K-12 education, working at the local, state, and national 
     level to transform education systems to improve conditions 
     for LGBTQ+ students across the United States.
       GLSEN believes that every student has the right to a safe, 
     supportive, and LGBTQ-inclusive K-12 education, and works to 
     ensure that LGBTQ+ students are able to learn and grow in a 
     school environment free from bullying and harassment.
       H.R. 734, the Protection of Women and Girls in Sports Act, 
     is designed specifically to attack students in the LGBTQ+ 
     community, and opens the door for bullying and harassment. 
     This legislation prohibits transgender students from 
     participating in sports that align with their gender 
     identity, robbing them of their right to participate in 
     sports.
       Participation in sports has positive effects on youth 
     development, such as improving physical health, social 
     skills, and psychological well-being. Additionally, research 
     has found that sports participation is related to greater 
     feelings of school belonging and pro-school behaviors. To 
     restrict which students can benefit from participation in 
     sports is to contribute to a hostile school environment that 
     further isolates and discriminates against transgender 
     students.
       Policies that create social exclusion have been found to 
     have a negative impact on students' mental health. GLSEN's 
     2021 National School Climate Survey found that among those 
     who reported considering dropping out school, over half (51.5 
     percent) said it was due to hostile school climate created by 
     anti-LGBTQ+ policies, such as restrictions on their ability 
     to access sex-separated spaces. Further, students who 
     experienced anti-LGBTQ+ discrimination were nearly three 
     times as likely to have missed school in the past month as 
     those who had not (43.3 percent vs. 16.4 percent). These 
     students reported lower levels of self-esteem, higher levels 
     of depression, and were more than twice as likely to have 
     seriously considered suicide in the past year as compared to 
     students who did not experience these discriminatory 
     policies.
       H.R. 734 targets the 41 percent of transgender youth who 
     have participated on at least one school sport team in the 
     past year. Removing students from their sports teams will 
     reinforce feelings of self-doubt, isolation, and a feeling 
     that they do not belong.
       Rather than working to further entrench the mental health 
     problems faced by students, Congress should be acting to 
     support our children in schools. American families want to 
     enjoy time watching their children participate in their 
     favorite sports, not incite flames of hatred and exclusion.
       GLSEN thanks you for your ongoing leadership and we are 
     happy to serve as a resource if you have any questions or 
     need additional information.
           Sincerely,
     Aaron Ridings,
       Chief of Staff and Deputy Executive Director for Public 
     Policy and Research, GLSEN.

  Mr. TAKANO. Mr. Chair, I yield 3 minutes to the distinguished 
gentlewoman from Massachusetts (Ms. Clark), the Democratic whip.
  Ms. CLARK of Massachusetts. Mr. Chair, I thank the gentleman for 
yielding.
  I am from Boston. If you want to talk about sports, I am all in. If 
you want to talk about equality for women and girls, if you want to 
talk about Title IX and ensuring fairness in sports, sign me up.
  As far as kids in sports go, as a mom of three, I can't tell you how 
many hours I have spent cheering on my kids. It is lacrosse, 
basketball, and baseball. It has been soccer, rugby, cross-country, and 
track. We have seen in my family championship teams through T-ball 
teams where our entire goal was to just get the outfield to stop 
digging for worms.
  All of this is about kids and their experience, about learning, 
growing, forming friendships, knowing what it means to work hard, to 
practice, to see results, and to be a team.
  I was very interested when this bill was filed to see what it was, 
what the problem was that the NCAA in Massachusetts and across this 
country, the Massachusetts Interscholastic Athletic Association and its 
counterparts around the country, the Olympics, the International Track 
and Field Association, what they were missing. I read this bill, and 
what they are missing is nothing.
  This is not a problem in our communities, on our sports fields, for 
our children. I think it was articulated so well by the Republican 
Governor of Utah when he pointed out numbers that were important to his 
decision to veto a similar bill: 75,000 kids play high school sports in 
his State, just four of them are trans kids, and one of them plays 
girls' sports.
  Mr. Chair, 86 percent of our trans youth will have suicidal ideation, 
and 56 percent will attempt suicide.
  What are we doing here? What are we doing here as Members of 
Congress?
  As the Governor said, we are expending so much fear and division on 
so few, on kids. Think about what we are doing as Members of the United 
States House of Representatives.
  I keep thinking about the mom who told me about her rural community 
where her concern was the grief because they were losing their 
children, losing them because there wasn't economic opportunity for 
them in their hometown and losing them because they are dying of opioid 
overdoses.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Mr. TAKANO. Mr. Chair, I yield an additional 10 seconds to the 
gentlewoman from Massachusetts.
  Ms. CLARK of Massachusetts. Mr. Chair, let's think about this. We 
need to be working on the issues that matter to families and kids.
  To make these children responsible for all of that and to incite 
fear, discrimination, and hatred, you should hang your heads in shame.
  Ms. FOXX. Mr. Chair, I reserve the balance of my time.
  Mr. TAKANO. Mr. Chair, may I inquire as to how much time is 
remaining.
  The Acting CHAIR. The gentleman from California has 4\1/4\ minutes 
remaining.
  Mr. TAKANO. Mr. Chair, I include in the Record a statement by the 
National Parents Union in opposition to H.R. 734.

                                       National Parents Union.

       H.R. 734 bullies kids instead of teaching them to read. 
     It's time to get focused on what matters to American 
     families.
       The National Parents Union continues to be frustrated with 
     the lack of focus from House and Education Workforce 
     Committee Leadership on issues that matter to American 
     Families. Families across the country want Congress to focus 
     on ensuring that every child is prepared for their future--
     not bullying kids who want to play sports among their peers.
       32 percent of our country's 4th graders were proficient 
     readers according to the National Assessment of Educational 
     Progress. That means that 7 out of 10 of our current 5th 
     graders cannot fully engage in their learning because they 
     cannot read the content.
       Our latest national parent poll clearly states parent 
     priorities and nowhere to be found is anything about members 
     of their kids sports teams.
       90 percent Believe students should have access to high-
     quality, well rounded education with resources to support 
     their individual needs.
       90 percent Believe that students should be prepared for 
     college and/or careers when they graduate.
       90 percent Believe students should be protected from any 
     form of discrimination at school.

  Mr. TAKANO. Mr. Chair, I yield 1 minute to the gentleman from 
Virginia (Mr. Scott), the ranking member of the full Committee on 
Education and the Workforce.
  Mr. SCOTT of Virginia. Mr. Chair, this bill is a mean-spirited attack 
on transgender women's and girls' participation in sports.
  It essentially requires women and girls to prove their gender. In 
Kansas, where a similar bill was passed, students could be forced to 
have invasive inspections of their body parts.
  The bottom line is, we should let parents, doctors, and sports 
organizations do their jobs to protect student athletes. For example, 
the NCAA supports a sport-by-sport approach to

[[Page H1870]]

transgender student participation, and high school leagues are also 
dealing with the issue.
  We should focus our time on ensuring that children in America reach 
their full potential through high-quality public education.
  Mr. Chair, I urge my colleagues to oppose H.R. 734.
  Ms. FOXX. Mr. Chair, I reserve the balance of my time.

                              {time}  1415

  Mr. TAKANO. Mr. Chair, I yield 1 minute to the gentlewoman from 
Vermont (Ms. Balint).
  Ms. BALINT. Mr. Chair, I rise in the strongest opposition to H.R. 
734.
  This is one of the most powerful bodies in our Nation. We should be 
using our influence and our power for good. We should be alleviating 
the suffering of our constituents and not fanning the flames of fear 
and enabling discrimination.
  What upsets me the most about this bill is that it is devoid of 
compassion for the kids who just want to live their lives.
  I was honored yesterday to meet with Rebekah Bruesehoff. This 
wonderful 16-year-old girl spoke about the incredibly positive impact 
sports and community have in her young life. To Rebekah and trans kids 
everywhere, there are allies in Congress who care deeply about you, and 
we will continue to fight for your rights.
  We should not be choosing to use the power of this institution to 
attack young kids who just want to live their lives.
  Mr. Chair, I urge my colleagues to vote for the motion to recommit so 
that I can offer an amendment to protect student athletes' sexual 
privacy and keep schools accountable when sexual abuse occurs.
  Mr. Chair, I include in the Record the text of this amendment.
       Ms. Balint moves to recommit the bill (H.R. 734) to the 
     Committee on Education and the Workforce with instructions to 
     report the bill back to the House forthwith with the 
     following amendment:
       Strike the text of the bill and insert the following:

     SECTION 1. AMENDMENTS TO TITLE IX OF THE EDUCATION AMENDMENTS 
                   OF 1972.

       Title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.) is amended--
       (1) in section 901 by adding at end the following:
       ``(d) Rule of Construction.--Nothing in this title shall be 
     construed to limit or restrict a female athlete's right to 
     privacy over her personal reproductive or sexual health 
     Information.
       ``(e) Liability for Sex-based Harassment.--
       ``(1) Harassment by agents, employees, and other persons 
     authorized by the recipient to provide an athletic program or 
     activity.--Subject to subsection (f), a recipient shall be 
     liable if its agent, employee, or other person authorized by 
     the recipient to provide an athletic program or activity 
     under the recipient's program or activity, engages in sex-
     based harassment against a person who participates in or 
     receives any benefit, service, or opportunity from such 
     program or activity, or who attempts to receive such benefit, 
     service, or opportunity, regardless of where the harassment 
     occurs, if--
       ``(A) the harassment is enabled or assisted by the 
     authority exercised as an agent, employee, or other 
     authorized person of the recipient; or
       ``(B) the recipient receives notice of the harassment.
       ``(2) Harassment by non-agents, non-employees, and other 
     non-authorized persons.--Subject to subsection (f), a 
     recipient is liable for sex-based harassment if a person who 
     is not its agent, employee, or other authorized person, 
     engages in sex-based harassment against a person who is 
     participating in an athletic program or activity, or who is 
     attempting to do so, regardless of where the harassment 
     occurs, if the recipient receives notice of the harassment.
       ``(f) Affirmative Defense.--
       ``(1) In general.--A recipient is not liable in a private 
     action for damages under subsection (e) for sex-based 
     harassment, if the recipient demonstrates that it exercised 
     reasonable care to prevent sex-based harassment and to 
     promptly remedy the effects of the sex-based harassment at 
     issue, including through a demonstration by the recipient 
     that it--
       ``(A) established, adequately publicized, and enforced an 
     effective and comprehensive sex-based harassment prevention 
     policy, training, and complaint procedure that is likely to 
     provide redress and to avoid harm without exposing the person 
     subjected to such harassment to undue risk, effort, or 
     expense;
       ``(B) if requested by an aggrieved person subjected to sex-
     based harassment (or the parent or guardian of such person, 
     if such person is a minor), or otherwise necessary to protect 
     such person or other persons in such program or activity from 
     a significant ongoing threat of harm, undertook a prompt, 
     thorough, and impartial investigation of such harassment;
       ``(C) provided supportive measures that have the purpose 
     and effect of preserving and restoring a person subjected to 
     sex-based harassment's equal access to the recipient's 
     education program or activity (including any athletic program 
     or activity), regardless of whether such person requests an 
     investigation; and
       ``(D) took other necessary, immediate, and appropriate 
     corrective action designed to stop such harassment and remedy 
     its effects.
       ``(2) Not establishing reasonable care.--A showing that the 
     harassment did not recur after the recipient received notice 
     of the harassment does not establish reasonable care absent 
     the demonstration required by subparagraphs (A) through (D) 
     of paragraph (1).
       ``(g) Notice.--A recipient receives notice of sex-based 
     harassment if an agent, employee, or other authorized person 
     of the recipient, or in the exercise of reasonable care 
     should have known, about the harassment and--
       ``(1) has the authority to take action to redress the 
     harassment;
       ``(2) has the responsibility to report to an administrator 
     harassment or similar misconduct by others; or
       ``(3) receives a report of such harassment from an 
     individual who could reasonably believe that the agent, 
     employee, or other authorized person is as described in 
     paragraph (1) or (2).''; and
       (2) in section 903--
       (A) in the 1st sentence by inserting ``(a)'' before 
     ``Any''; and
       (B) by adding at the end of the following:
       ``(b) Any person aggrieved by the failure of a recipient to 
     comply with section 901, or a rule issued under this title, 
     may bring a civil action in any court of competent 
     jurisdiction.
       ``(c) In a civil action brought for a violation of section 
     901 by or on behalf of a person aggrieved by a violation of 
     section 901, such person may recover equitable and legal 
     relief (such as compensatory damages, including for emotional 
     distress, and punitive damages), and attorney's fees 
     (including expert fees).''.

  The Acting CHAIR. The time of the gentlewoman has expired. The 
gentlewoman is no longer recognized.
  Ms. FOXX. Mr. Chair, I reserve the balance of my time, and I am ready 
to close whenever the gentleman from California is ready to close.
  Mr. TAKANO. Mr. Chair, I yield 1 minute to the gentlewoman from Texas 
(Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Chair, I too had the opportunity yesterday to 
engage with Rebekah and her mother, and I want to just point to a stark 
reality.
  Mr. Chair, 53 percent of trans kids considered suicide last year. I 
am glad that the Governor of Utah, in a very lengthy letter, said: I 
want them to live. What Rebekah said is that she loves playing sports. 
She gets to know people, and they know her.
  She said the talk that we are doing on the floor of the House is 
scary. It puts trans children--children in corners. They don't know who 
likes them or not or who wants to do harm to them.
  This is a meaningless bill. The Olympics has addressed the question. 
The NCAA has addressed the question.
  When will we realize we have the right to freedom of religion and we 
have a right to our beliefs, and in that we have no right to undermine 
and threaten the lives of trans children.
  Mr. Chair, I stand in opposition to this mean-spirited legislation 
because I am a woman of faith, and I believe in the humanity of all 
children.
  The Acting CHAIR. The time of the gentlewoman has expired. The 
gentlewoman is no longer recognized.
  Mr. TAKANO. Mr. Chair, I yield myself such time as I may consume.
  Mr. Chair, fundamentally, the difference between the two sides is 
that my friends on the other side of the aisle do not recognize trans 
people as human beings. They do not even recognize the validity of 
trans. That is a terrible error, and it is wrong, and it does not grant 
trans people humanity.
  A subsequent corollary to this stance is that they don't believe that 
trans people are who they are, that somehow it is a choice. I am going 
to tell you: This debate itself has been traumatizing.
  I can remember when I was a teenager when debate in California was 
occurring over the Briggs Initiative, which would have banned LGBT 
teachers from teaching. One Republican Governor, Ronald Reagan, at the 
last minute opposed the initiative, and to me that meant a lot. It 
means a lot to me that Spencer Cox of Utah recognizes that trans kids 
exist and that we

[[Page H1871]]

should protect them. This bill is horrible. All should stand opposed to 
it.
  Mr. Chair, I yield back the balance of my time.
  Ms. FOXX. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chair, I have spoken to the absurdity of this debate, but let me 
conclude by clarifying what this bill does and does not do by reading 
two paragraphs of this bill--it is one page long.
  ``Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is 
amended by adding at the end the following:
  ``(d)(1) It shall be a violation of subsection (a) for a recipient of 
Federal funds who operates, sponsors, or facilitates athletic programs 
or activities to permit a person whose sex is male to participate in an 
athletic program or activity that is designated for women or girls.
  ``(2) For the purposes of this subsection, sex shall be recognized 
based solely on a person's reproductive biology and genetics at 
birth.''
  All of these ridiculous things that we have been accused of are not 
in this bill. This bill does not discriminate against anyone. It does 
not exhibit any hate toward anyone.
  What it does is prohibit Federal funding to institutions that 
``permit a person whose sex is male to participate in an athletic 
program or activity that is designated for women or girls.''
  The reason for this is simple. Men have certain physiological 
advantages over women, such as more size and speed. Because of that, 
allowing biological males to compete against women and girls robs 
females of equal athletic opportunities and fair playing fields.
  H.R. 734 restores the integrity and fairness of women's sports.
  Mr. Chairman, Republicans, contrary to what our colleagues have said 
and accused us of, Republicans love all God's children, male and 
female, born and unborn. Do not question our commitment to fairness to 
life or to treating people equally. We hate no one.
  As my colleagues have pointed out, it is ridiculous that we have had 
to stand here today to defend the rights of women and girls to 
participate in sports against other women and girls and they not being 
taken advantage of by biological males.
  Mr. Chair, I encourage my colleagues across the aisle to do what is 
best for America's women and girls and support this important bill.
  Mr. Chair, I reserve the balance of my time.
  Mr. TAKANO. Mr. Chairman, I include in the Record a Statement of 
Administration Policy from the administration.

                   Statement of Administration Policy


  h.r. 734--protection of women and girls in sports act of 2023--rep. 
                    steube, R-fl, and 93 cosponsors

       The Administration strongly opposes House passage of H.R. 
     734.
       For students nationwide, participating in sports and being 
     part of a team is an important part of growing up, staying 
     engaged in school, and learning leadership and life skills. 
     H.R. 734 would deny access to sports for many families by 
     establishing an absolute ban on transgender students--even 
     those as young as elementary schoolers--playing on a team 
     consistent with their gender identity. Schools, coaches, and 
     athletic associations around the country are already working 
     with families to develop participation rules that are fair 
     and that take into account particular sports, grade levels, 
     and levels of competition. As a national ban that does not 
     account for competitiveness or grade level, H.R. 734 targets 
     people for who they are and therefore is discriminatory. 
     Politicians should not dictate a one-size-fits-all 
     requirement that forces coaches to remove kids from their 
     teams. At a time when transgender youth already face a 
     nationwide mental health crisis, with half of transgender 
     youth in a recent survey saying they have seriously 
     considered suicide, a national law that further stigmatizes 
     these children is completely unnecessary, hurts families and 
     students, and would only put students at greater risk. 
     Discrimination has no place in our nation's schools or on our 
     playing fields.
       Instead of addressing the pressing issues that families and 
     students face today--such as raising teacher pay, keeping 
     guns out of schools, addressing the mental health crisis our 
     youth face, and helping students learn and recover 
     academically from unprecedented disruptions--Congressional 
     Republicans have instead chosen to prioritize policies that 
     discriminate against children.
       If the President were presented with H.R. 734, he would 
     veto it.
  Ms. FOXX. Mr. Chair, I yield back the balance of my time.
  Ms. WILLIAMS of Georgia. Mr. Chair, I rise today in strong opposition 
to this cruel and discriminatory bill. If Republicans really meant to 
protect women and girls in sports, they would make it so more women and 
girls could play, not play politics with children's lives.
  I submitted an amendment to award federal grants to start new school 
sports teams for women and girls and to break down existing barriers to 
participation.
  My amendment invested in women's sports so more people could play, 
more people could participate, but Republicans chose politics over 
participation. There are real problems impacting women and girls in 
sports, including pay inequality, sexual harassment and assault, and 
unequal facilities and resources. This legislation addresses none of 
these issues.
  Instead, we will be voting on a horrific bill to nationalize the 
cruel bigotry Republicans are implementing in states around the 
country.
  This bill will harm our kids' mental health. make our schools less 
welcoming, and prevent trans students from living the full lives they 
deserve.
  I strongly urge my colleagues to oppose this bill.
  Mr. ADERHOLT. Mr. Chair, I am in strong support of H.R. 734, the 
Protection of Women and Girls in Sports Act, which I am proud to 
cosponsor. I thank the Congressman from Florida, Mr. Steube, for his 
leadership on this effort.
  Over 50 years ago, Title IX was enacted to level the playing field, 
and ensure that women and girls were given fair opportunities to 
participate, perform, and achieve in education. One of the primary 
areas that has been impacted by this law is in the area of women's 
sports. Since then, female participation in sports has increased by 
1,057 percent at the high school level, and 614 percent at the 
postsecondary level.
  Women and girls deserve the confidence of stepping up to the plate, 
onto a field, into a court, or on a track, knowing that the competition 
will be rule-bound and fair and that their safety has been prioritized. 
They deserve to have confidence that they are fairly competing against 
another biological woman.
  And most of all, they deserve the chance to be champions.
  The actions of the Biden Administration have entirely sacrificed 
equality in the service of their political agenda; and today I hope my 
colleagues will join me in voting in favor of this legislation, and 
restoring the soul of Title IX, that has given so many women and girls 
life-changing opportunities.
  The Acting CHAIR (Mr. LaMalfa). All time for general debate has 
expired.
  Ms. FOXX. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
DesJarlais) having assumed the chair, Mr. LaMalfa, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 734) to 
amend the Education Amendments of 1972 to provide that for purposes of 
determining compliance with title IX of such Act in athletics, sex 
shall be recognized based solely on a person's reproductive biology and 
genetics at birth, had come to no resolution thereon.

                          ____________________