[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[House]
[Pages H4547-H4556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR CONGRESSIONAL DISAPPROVAL OF THE RULE SUBMITTED BY THE 
DEPARTMENT OF EDUCATION RELATING TO ``NONDISCRIMINATION ON THE BASIS OF 
  SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL 
                              ASSISTANCE''


                             General Leave

  Ms. FOXX. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the joint resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from North Carolina?
  There was no objection.
  Ms. FOXX. Madam Speaker, pursuant to House Resolution 1341, I call up 
the joint resolution (H.J. Res. 165) providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of the rule 
submitted by the Department of Education relating to 
``Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance,'' and ask for its 
immediate consideration in the House.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 1341, the joint 
resolution is considered read.
  The text of the joint resolution is as follows:

                             H.J. Res. 165

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     disapproves the rule submitted by the Department of Education 
     relating to ``Nondiscrimination on the Basis of Sex in 
     Education Programs or Activities Receiving Federal Financial 
     Assistance'' (89 Fed. Reg. 33474; published April 29, 2024), 
     and such rule shall have no force or effect.

  The SPEAKER pro tempore. The joint resolution shall be debatable for 
1 hour, equally divided and controlled by the chair and ranking 
minority member of the Committee on Education and the Workforce or 
their respective designees.
  The gentlewoman from North Carolina (Ms. Foxx) and the gentlewoman 
from Oregon (Ms. Bonamici) each will control 30 minutes.
  The Chair recognizes the gentlewoman from North Carolina.
  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today to address the single most important 
issue for the next generation of daughters soon to enter the world of 
women's sports.
  President Biden issued a final Title IX rule that would effectively 
end a woman's right to female-only organized athletics. The resolution 
up for debate today sponsored by the gentlewoman from Illinois (Mrs. 
Miller) would put a stop to it.
  A woman's athletic journey starts at a young age. At the outset, it 
serves as a vital source of empowerment for young girls. Every young 
woman remembers gym class and the experience of getting hit with a 
rogue football or being caught in the middle of a boy-dominated dodge 
ball dispute. Even from a young age, the inherent value of female-only 
sports is readily apparent. Young girls grow together, learn from each 
other, and earn a unique sense of female camaraderie.
  Then some women get the chance to carry their talent on to college. 
Post-

[[Page H4548]]

secondary athletic opportunities were slim prior to Title IX when I was 
growing up. However, Title IX came around in 1972 and swung open the 
doors to college athletics for women who had historically been excluded 
from such opportunities.
  As the first in my family even to graduate high school, I understood 
the importance of Title IX to women's fight for access to post-
secondary education. I immediately saw the law as a means for women to 
pursue their passion and further their education, just like the boys 
did. It was a watershed moment.
  Title IX ushered in a golden era for women's competition in 
education. There is sanctity in the community and tradition of these 
memories and these spaces and these opportunities for young girls. That 
is why I want to preserve Title IX and ensure the same opportunities 
for the next generation of daughters.
  This is the task today. Congress has the choice before it to either 
stand with Title IX and the protection of women, or don't. By adding 
gender identity to Title IX's protected classes, the radical left and 
the Biden administration will tear down women's sports and eliminate 
safe and private spaces for girls.
  The rule puts a man's perceived feelings of femininity on par with 
actual womanhood rooted in biological sex. Effectively, it ensures that 
anyone who says he is a woman can compete in women's sports, shower 
with women, and go to the bathroom with women.

                              {time}  1315

  My womanhood is not a costume, nor is my daughter's or my 
granddaughter's. I find it offensive that the Biden administration 
would treat it that way.
  By equating perceived sex with biological sex, this rule is at odds 
with reality. I, along with my Republican colleagues, stand firmly on 
the side of reality against this onslaught of gender madness. 
Biological sex exists. It existed when Title IX was first drafted. It 
still exists today.
  Moreover, this isn't just an issue of fiction versus reality. This is 
an issue of fairness and safety. Men and women are not physiological 
equals and treating them so is inherently unfair and dangerous.
  The Biden administration's rule will strip women and girls of 
athletic opportunities and put them in danger.
  Finally, this rule prohibits female-only spaces, such as locker 
rooms, bathrooms, and other sex-separated areas. I will stop at nothing 
to ensure that America's daughters are not put in that situation.
  Today, Congress is called upon to vote for young women across America 
who would have opportunity, safety, and innocence ripped from them by 
the Biden administration.
  We cannot allow that. Therefore, I urge a ``yes'' vote on 
Representative Miller's resolution, H.J. Res. 165, to stop Biden's 
Title IX rule.
  Madam Speaker, I reserve the balance of my time.
  Ms. BONAMICI. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today to speak in strong opposition to H.J. 
Res. 165, a Congressional Review Act resolution to repeal the Biden-
Harris administration's Title IX rule.
  The administration's final Title IX rule does three things. First, it 
safeguards against all forms of sex-based harassment and discrimination 
by making several improvements to the 2020 Trump administration's Title 
IX rule. These include requiring schools to take prompt and effective 
acts to address sexual harassment as opposed to the lax Trump standard 
that a school's response just not be deliberately indifferent.
  The new rule places the duty to report possible discrimination on 
more employees, in contrast to the old rule, which only required some 
employees to report when they had actual, not possible, knowledge of 
sexual discrimination or assault, and it recognizes that discrimination 
based on sex includes discrimination based on sexual orientation and 
gender identity following Supreme Court precedent.
  Second, the Title IX rule promotes accountability and fairness in how 
schools respond to and discipline sex-based discrimination by mandating 
that schools handle complaints in a timely manner and implement a fair 
and transparent process.
  Finally, this rule empowers students and families to exercise their 
rights under Title IX. The administration's Title IX rule explicitly 
protects sexual assault survivors and people affected by discrimination 
from retaliation for seeking to have their Title IX rights enforced.
  Further, the rule guarantees access to supportive services for 
survivors of sexual assault and accused individuals and, despite what 
my colleagues repeatedly claim--I thought I was in the wrong debate for 
a minute--this rule does not address students' participation in sports.
  This false narrative follows the many attacks against the LGBTQI+ 
community in this House and State legislatures across the country. We 
have had more than 60 anti-LGBTQI+ votes on the House floor this 
Congress, and it is a distraction to claim that this rule harms women 
in sports.
  For example, the Department has not issued a separate proposed rule 
to address athletics. They are working on it, but it has not been 
finalized. That is not the debate we are having today.
  Let me be clear: Trans girls like all girls deserve the opportunity 
to participate on school sports teams, but my colleagues across the 
aisle keep talking about athletics because they don't want to admit the 
truth behind this resolution. The resolution is an attempt to undermine 
nondiscrimination protections for LGBTQI+ students. LGBTQI students, 
including trans students, deserve to go to school free from 
discrimination, and that is what this rule is about.
  It is not about bathrooms. In fact, the real risk of violence occurs 
when transgender people are barred from using the appropriate facility. 
Transgender people experience shockingly high rates of sexual and 
physical violence and are much more likely to be a victim than a 
perpetrator.
  I am also extremely concerned about the false narrative that my 
colleagues have invented to portray trans individuals as criminals 
attempting to enter restrooms to harm others. That is not supported by 
evidence or data.
  Transgender people want the same thing everyone else wants: safety, 
comfort, and privacy. We must work to protect the transgender community 
from discrimination and stop the false narratives that exacerbate and 
encourage prejudice against innocent people.
  This bill is particularly extreme because passing it would prevent 
any substantially similar rule from being enacted on these issues in 
the future. Voting for this bill would prohibit protections for sexual 
assault survivors and protections against discrimination on the basis 
of sexual orientation or gender identity in schools that receive 
Federal funding.
  If Republicans truly cared about protecting women and children, they 
would stop this prejudiced rhetoric and take action on bills that would 
actually protect women from discrimination and harassment and defend 
women's reproductive healthcare, make childcare more affordable, and 
preserve opportunities in workplaces for all parents, especially women.
  Instead, this joint resolution is another attempt to undercut this 
administration's efforts to empower survivors and protect all Americans 
from discrimination.
  I do want to note that this is another plank in the extremist Project 
2025 takeover of government that will sanction discrimination and strip 
Americans of their rights and freedoms. That is on page 333 if you are 
looking for it.

  I also note that yesterday my Republican colleagues were supporting 
dignity for dishwashers. I implore all of you to show some dignity to 
the LGBTQI students who just want to go to school and learn free from 
discrimination. Show some dignity to the girls and women who survive 
sexual assault and deserve justice.
  Madam Speaker, for these reasons and others, I encourage all of my 
colleagues to vote ``no,'' and I reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Illinois (Mrs. Miller), the vice chairman of the committee and sponsor 
of this resolution.
  Mrs. MILLER of Illinois. Madam Speaker, I thank Chairwoman Foxx for

[[Page H4549]]

making the restoration of Title IX such an important priority for this 
committee.
  Madam Speaker, we recently celebrated the 52nd anniversary of this 
body passing Title IX.
  Fifty-two years ago, everyone saw the need for equal opportunities in 
education, scholarships, and athletics for our girls.
  Title IX was enacted to do just that, but Joe Biden's new rule will 
erase those protections and opportunities for our girls. Unfortunately, 
the Democrats and the radical left don't know the difference between a 
man and a woman.
  I am proud to be leading this effort today to overturn Joe Biden's 
unlawful and radical destruction of Title IX.
  We keep hearing the Democrats parrot that they are just following the 
Supreme Court's decision in Bostock. That is a lie.
  The Supreme Court specifically said in that ruling that Bostock 
should not be applied to Title IX. This is from the majority opinion in 
Bostock: `` . . . we do not purport to address bathrooms, locker rooms, 
or anything else of the kind,'' but Joe Biden does not care about 
courts or the rule of law.
  He will do anything to appease the radical left. Biden wants to force 
biological men into our girls' showers and bathrooms, and the Biden 
Title IX rule will be the end of girls' sports.
  The prospect of this is sickening, and parents across this country 
are horrified.
  We must pray for a return to the Trump administration policies that 
protected our girls from the vile leftwing agenda to force biological 
men into our girls' safe spaces and sports.
  Madam Speaker, I urge my colleagues to support this resolution and 
stand up to Joe Biden.
  Ms. BONAMICI. Madam Speaker, I will note that the Bostock case did 
not expressly rule, but they did not say it does not apply. The issue 
is not before them, and that is why several courts have actually 
extended the ruling from Bostock to other civil rights laws.
  Madam Speaker, I yield 2 minutes to the gentlewoman from Hawaii (Ms. 
Tokuda).
  Ms. TOKUDA. Madam Speaker, I thank Ranking Member Scott and my 
Democratic colleagues on the Education and the Workforce Committee for 
your leadership during this important debate.
  Madam Speaker, I rise today in opposition of H.J. Res. 165, which 
would reverse the Biden administration's Title IX rule.
  Republicans want the American people to believe that this Title IX 
rule endangers women and girls.
  Republicans want the American people to believe that this Title IX 
rule strips the due process rights of students accused of sexual 
misconduct.
  Republicans want the American people to believe that this Title IX 
rule stifles students' free speech and undermines parental rights, but 
they are lying.
  The truth is, President Biden's historic Title IX rule strengthens 
protections for women and girls, pregnant students, survivors of sexual 
assault, and our LGBTQ+ students, plain and simple.
  For 52 years, Title IX has paved the way to allow all of our children 
to fully participate and engage in their education, in sports, and all 
other forms of learning as their true authentic selves.
  As the mother of Title IX, Patsy Takemoto Mink had a vision and a 
dream for her daughter, and for all of our children: to live a life 
free from the kind of discrimination she suffered as a woman of color.
  Throughout her pursuit of higher education, she faced racial 
discrimination, segregation, and limited opportunities all because she 
was a woman.
  Thanks to her groundbreaking advocacy and reforms, today millions 
more Americans have equal access to opportunities in our Nation's 
schools. I am humbled to serve in the seat that Patsy once held with 
grit and grace. I cannot speak for her, but I know in my heart that she 
would not stand for this kind of politicization of our children that we 
are seeing here in this very Chamber.

  House Republicans' efforts today will seriously gut Title IX and 
undoubtedly restrict the Department of Education's ability to protect 
our Nation's most marginalized and most vulnerable students.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. BONAMICI. Madam Speaker, I yield an additional 20 seconds to the 
gentlewoman from Hawaii.
  Ms. TOKUDA. Madam Speaker, every student deserves an education free 
from harassment, discrimination, and violence, and as Americans, we 
should not stand for this kind of intolerance. That is why I am voting 
``no'' on H.J. Res. 165, and I encourage my colleagues to do so as 
well.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Grothman), a member of the Education and the Workforce 
Committee.
  Mr. GROTHMAN. Madam Speaker, first of all, I thank Representative 
Miller for introducing this Congressional Review Act.
  I am old enough to remember when Title IX was passed back in 1972. I 
will guarantee you, there was not one Congressman in this Chamber who 
voted for that thing 50 years ago who believed that they were voting to 
require men be allowed in women's sports or requiring men to be allowed 
in the women's restroom. Nobody would have dreamed of that.
  It is maybe a good example of why we should never give the Federal 
Government more power around here. The question is: Why are we doing 
it?
  I think President Biden and the Democrats are doing it because he 
wants to sympathize with the most radical of LGBT agendas.

                              {time}  1330

  The best studies of gender dysphoria show that between 80 and 95 
percent of the children who expressed discordant gender identity will 
eventually come to identify with their bodily sex.
  When we try to normalize this, when we try to say it is okay for guys 
to participate in women's sports or okay for guys to use the women's 
restroom, what we are doing is lessening the chances that people will 
kind of come out of it and go back to their natural gender. I believe 
that is the goal of President Biden's order.
  In any event, I am glad we have this resolution. I think we should 
pass this resolution so that local school districts are not required to 
agree with somebody's feelings and are not forced to go into a 
situation in which a person with these feelings is encouraged down this 
path and, in some ways, made to feel like someone who is somewhat of a 
hero for going down this path.
  We must stand firm in protecting the rights and safety of women and 
girls, preserving due process, and ensuring fairness in our educational 
institutions.
  Ms. BONAMICI. Madam Speaker, in making these important decisions, it 
is important to rely on experts like child psychiatrists and 
pediatricians.
  I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms. 
Jayapal), my colleague from the Education and the Workforce Committee.
  Ms. JAYAPAL. Madam Speaker, I am proud to support the Biden 
administration's new Title IX rule that recognizes every student 
deserves to feel safe and explicitly prohibits discrimination and 
harassment based on sexual orientation, gender identity, and sex 
characteristics in schools.
  Protecting kids should not be controversial. Allowing parents to 
parent their kids without interference from the Federal Government 
should not be controversial.
  This cruel attack on LGBTQIA youth from congressional Republicans is 
just the precursor to the Republicans' Project 2025, a horrific roadmap 
for a Trump Presidency that would reverse foundational freedoms and 
destroy our democracy. This 1,000-page manifesto would gut protections 
for the LGBTQIA+ community and attacks marriage equality, offensively 
claiming that same-sex marriages are less ``stable'' than so-called 
``traditional families.''
  According to a 2024 survey from the Trevor Project, in the last year, 
almost half of the LGBTQIA+ youth experienced bullying, and over a 
third have seriously considered attempting suicide.
  The Biden administration's rule is a critical step to supporting our 
LGBTQIA+ students and ensuring that they have the rights and 
protections to be who they are without fear of retaliation, bullying, 
or discrimination.

[[Page H4550]]

  I am proud to represent Seattle in Congress. I am proud to be the mom 
of a transgender daughter. I know the importance of protecting the 
LGBTQIA+ community from discrimination and harassment. Washington State 
has had these exact protections for LGBTQIA+ youth for 18 years. That 
is right, 18 years. Our State is a clear example that protecting all 
kids, no matter how they identify, is good policy that makes our 
schools safer for everyone.
  Republicans' cruel attempt to repeal President Biden's new Title IX 
rule, fueled by fear tactics and misinformation, tells already 
vulnerable children in schools that they do not belong. No one, no 
child, should have to hide who they are to be accepted.
  Madam Speaker, I urge my colleagues to vote ``no'' against this 
hateful resolution.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Walberg), a member of the Committee on Education and the 
Workforce.
  Mr. WALBERG. Madam Speaker, I rise today with a strong sense of 
compassion but stronger support for H.J. Res. 165, which would overturn 
the administration's radical rewrite of Title IX.
  The Biden administration's failure to honor the vital protection 
granted to women and girls, not to mention its disregard of existing 
due process rights, is incredibly dangerous. Just read the rule. By 
attempting to work toward what the rule calls educational equity, the 
Biden administration has put women and girls in danger and sacrificed 
their equal access in educational opportunities.
  Their privacy has been invaded, making them vulnerable to many 
threats, from physical harm in contact sports to sexual harassment in 
unsupervised areas like bathrooms or locker rooms.
  All it takes is to think about the safety of your own daughters or 
granddaughters to realize that the Biden administration's Title IX 
rewrite must be stopped.
  For decades, women have courageously fought for and successfully 
earned their equal protection under the law. The Title IX rule not only 
forces a nonscientific and nonsensical gender ideology onto every 
American but also undermines the progress of women's rights in our 
country. It is an enormous step backward.
  I have met with female athletes who have lost out on opportunities 
because of a male taking their place. We have also seen the footage of 
female athletes being physically hurt by male athletes. Courageous 
voices, such as Riley Gaines, have had the courage to stand up and 
speak for millions of young girls across our country who are at risk 
because of the Biden administration's dangerous policy.
  This resolution stands up for those young women and girls who have 
found their voice and the courage to speak up for truth, fairness, and 
science. I encourage support of this resolution.
  Ms. BONAMICI. Madam Speaker, before yielding to Mr. Takano, I 
reiterate that this rule is not about athletics. There is a separate 
rule being drafted about addressing athletics. This is not it.
  Also, I am concerned about the scare tactics that are being used. 
Studies show that allowing trans people to use facilities consistent 
with their gender identity does not result in increased safety risks. 
Nondiscrimination laws do not allow men to go into women's bathrooms, 
period. The claim that allowing transgender people to use facilities 
that match the gender they live every day allows men into women's 
bathrooms or women into men's bathrooms is based on a flawed 
understanding of what it means to be a transgender person or a 
misrepresentation of the law. The real risk occurs when transgender 
people are barred from using the appropriate facilities.

  Madam Speaker, I yield 2\1/2\ minutes to the gentleman from 
California (Mr. Takano), my colleague from the Education and the 
Workforce Committee.
  Mr. TAKANO. Madam Speaker, I rise in strong opposition to the 
resolution.
  The Biden administration's rule strengthens and clarifies protections 
against sex-based harassment and discrimination for LGBTQIA+ students, 
pregnant students, and parenting students. Consistent with the Bostock 
decision, the final rule clarifies that Title IX's protections extend 
to cover discrimination on the basis of sexual orientation, gender 
identity, sex characteristics, and sex stereotypes.
  This is gravely needed for LGBTQIA+ students. Currently, 83 percent 
of LGBTQIA+ students face victimization at school. In States with laws 
that specifically target gay and transgender youth, the rate of hate 
crimes in schools has quadrupled.
  For these students, the explicit protections the Biden administration 
has finalized will make a life-changing difference. This rule will 
decrease absenteeism, improve mental health, and allow students 
recourse when they are targets of harassment and violence.
  Republicans, however, are seeking to overturn a rule precisely 
because of the protections it extends to queer students and, with the 
passage of this resolution, tear down all protections that this 
essential rule clarifies.
  This resolution will have drastic consequences. The protections that 
the administration offers for pregnant and parenting students would 
also be overturned. Survivors of sexual harassment and assault will 
continue to face significant barriers to completing their education.
  While Republicans claim this resolution is in the interest of women's 
rights, their proposed solution will make the situation worse for 
female students.
  What overturning this rule does is exacerbates existing inequalities, 
prevents any future administration from enacting a similar rule, and 
then places the blame solely on the LGBTQIA+ community. It is 
shortsighted, petty, and cruel.
  Madam Speaker, I will vote against overturning this rule, and I urge 
my colleagues to do the same.
  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume. 
It is not we who are misleading the American people or scaring the 
American people. Just read the regulation, which says that schools are 
not allowed to prevent a person from participating in an education 
program or activity consistent with the person's gender identity. There 
are exceptions to the general policy included in the regulations, but 
athletics are not included among the exceptions.
  We are not misleading or lying. The other side is misleading.
  It is true the Biden administration has proposed a separate rule on 
athletics, but it is also true the Biden administration is using that 
proposed rule to mislead the American people and Congress into thinking 
athletics aren't affected by the rule this resolution would stop.
  Thankfully, the American people can see through the Biden 
administration's attempts to mislead. We have an opportunity to pass 
this resolution and protect women's sports.
  Madam Speaker, I yield 2 minutes to the gentleman from Utah (Mr. 
Owens), chair of the Higher Education and Workforce Development 
Subcommittee.
  Mr. OWENS. Madam Speaker, I rise today, as the father of 5 daughters 
and the grandfather of 12 girls, with a simple truth: Women's sports 
are for women; girls' sports are for girls; female bathrooms and locker 
rooms are for females.
  When Title IX became law in 1972, it was a watershed moment for the 
hopes and dreams of every female in America. It was a game changer for 
women and girls in sports to showcase their talents without 
discrimination or prejudice.
  Unfortunately, the Biden administration wants biological men to 
compete with women so badly that they are willing to erase decades of 
progress, placing women and girls in vulnerable, unfair, and dangerous 
situations, undermining the very protections Title IX was designed to 
uphold.
  President Biden and the Democrats think they can redefine women's 
sports by redefining fairness. They believe that by replacing the word 
``equality'' with ``equity,'' Americans will come to embrace their 
Marxist view. They believe that we will learn to reject science, God's 
wisdom, and good old common sense. They are wrong because they simply 
do not understand the American way.
  The American way does not deny biological reality, and because of its 
instinctive respect for womanhood, the American way would never deny 
women and girls the protections they deserve from men.

[[Page H4551]]

  Our resolution under the Congressional Review Act isn't just about 
pushing back against administration overreach. It is about standing up 
for fairness, safety, and equal opportunity. We cannot allow 
ideological extremism to dictate policy, especially when it disregards 
scientific facts and threatens the safety of women and girls.
  House Republicans are taking a stand to protect women and girls from 
President Biden's misguided attempts to redefine biological reality. We 
refuse to allow our daughters to compete in unsafe environments or 
compromise their dignity in locker rooms and bathrooms.
  Madam Speaker, I urge my colleagues to support H.J. Res. 165 to stop 
the Biden administration's attacks on women and girls.
  Ms. BONAMICI. Madam Speaker, I yield 2\1/2\ minutes to the gentleman 
from Virginia (Mr. Scott), the ranking member of the full committee.
  Mr. SCOTT of Virginia. Madam Speaker, I rise in opposition to H.J. 
Res. 165, the Congressional Review Act resolution aimed at repealing 
the Biden-Harris administration's Title IX rule.
  This rule is crucial for three reasons.
  First, it ensures protections against all forms of sex-based 
harassment and discrimination. It overturns problematic provisions from 
the previous administration's rule that allowed educational 
institutions to ignore harassment and discrimination that happens off-
campus, even if it is at an event sponsored by a college organization. 
It extends this protection to LGBTQIA+ youth, aligning with recent 
Supreme Court precedent.
  Second, it enhances accountability in how schools handle 
discrimination complaints, including expanding the number of employees 
required to report problems. It mandates timely responses and fair 
processes, unlike the previous rule that allowed unreasonable delays, 
and ensures equitable treatment for all involved.
  Third, it empowers students and families to exercise their Title IX 
rights without fear of retaliation. It supports survivors and provides 
necessary services while maintaining due process for the accused.
  By the way, this rule does not address participation in sports. As 
has been said, that is the subject of another rule that has not been 
finalized. The rule does not change anything about sports participation 
that is already happening.

                              {time}  1345

  Unfortunately, this resolution has been clouded by misinformation, 
unfounded fears, and with some just hatred of transgender individuals. 
We must reject these narratives and focus on real issues of safety and 
equity.
  This resolution, if passed, would prevent future administrations from 
enacting similar protections, undermining progress and safeguarding 
women, LGBTQ individuals, and survivors of sexual assault.
  Let us prioritize issues like reproductive healthcare, affordable 
childcare, and closing the gender pay gap instead of perpetuating 
harmful stereotypes.
  Madam Speaker, I urge all of my colleagues to oppose this resolution.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Good), the chairman of the Subcommittee on Health, 
Employment, Labor, and Pensions.
  Mr. GOOD of Virginia. Madam Speaker, I rise today in strong support 
of this resolution to nullify the Biden administration's harmful Title 
IX rule that for the first time includes sexual orientation and gender 
identity in the definition of sex.
  With the stroke of a pen, the Biden administration is making law 
apart from congressional action, destroying Title IX's promises of 
equal opportunity for women and eliminating single-sex spaces like 
bathrooms, locker rooms, and campus housing for female students from 
kindergarten through grad school.
  This forces schools to adopt progressive Democrats' radical worldview 
that sex is something that can change on a whim and is not a God-
created, scientifically immutable design embedded in our DNA.
  Democrats would rather perpetuate the harm of gender confusion than 
stand up for women and girls. Thankfully, the courts have intervened, 
and this rule is temporarily blocked from going into effect in 14 
States, including my home State of Virginia, but if this resolution 
isn't successful today, a majority of American schoolchildren and 
teachers will suffer under this policy when they return to school next 
month.
  This school year, we can expect to see more boys joining girls' 
sports teams in middle school and high school, thanks to Democrats' 
radical progressive policies.
  You can thank our radical Democrat friends when your daughter finds 
out her freshman roommate is actually a man.
  Brace yourself for the onslaught of investigations at the Department 
of Education's Office of Civil Rights when teachers and students who 
refuse to use nonbiological pronouns are reported to the authorities.
  I appreciate Representative Miller's effort to protect women and 
girls. I am proud to support this legislation, and I urge all of my 
colleagues to nullify the Biden administration rule by supporting H.J. 
Res. 165.
  Ms. BONAMICI. Madam Speaker, I yield myself such time as I may 
consume.
  I just want to point out that it is definitely not the first time 
that the definition of discrimination based on sex included sexual 
orientation and gender identity, because Trump-appointed Justice Neil 
Gorsuch did exactly that in the Bostock v. Clayton County case.
  I also note that in this resolution, they are saying it is going to 
hurt girls and women. It absolutely will not. It is going to strengthen 
protections for girls and women because it ensures colleges and 
universities properly address sexual violence, violence that 
disproportionately impacts girls and women. The rule clarifies 
protections for pregnant and parenting students, and the rule 
explicitly clarifies protections for the LGBTQI community, including 
lesbian, bisexual, and transgender girls and women.
  As Representative Jayapal said, these rules and protections have been 
in effect in many States, and the sky is not falling. People are free 
from discrimination in those places.
  Republicans are just repeating the lie that they are standing up for 
women to hide from the radical antiwomen agenda. You don't have to take 
our word for it. Leading gender justice organizations, like the 
National Women's Law Center, the American Association of University 
Women, and Girls Inc., all oppose this resolution to repeal the Title 
IX rule. That is why these groups, and more than 100 organizations 
working to advance gender justice, LGBTQI rights, civil rights, and 
student rights have written to Congress urging us to oppose this 
resolution.
  Madam Speaker, I include in the Record a letter from the Coalition of 
Gender Justice, LGBTQI+ rights, civil rights, and student rights 
groups, opposing H.J. Res. 165.
                                                    June 13, 2024.
     Re Coalition of Gender Justice, LGBTQI+ Rights, Civil Rights, 
         and Student Rights Groups Urges Members to Oppose H.J. 
         Res. 165
       Dear Member of Congress: The undersigned organizations who 
     work to advance gender justice, LGBTQI+ rights, civil rights, 
     and student rights urge you to oppose H.J. Res. 165, and its 
     companion legislation in the Senate, which would undo the 
     U.S. Department of Education's recently published final rule 
     that strengthens Title IX's protections against sex-based 
     discrimination in federally funded schools. Not only would 
     H.J. Res. 165 overturn the entirety of the protections set 
     out in the rule, it would prevent any future effort to 
     reinstate any of these protections. This effort must be 
     rejected, as the U.S. Department of Education's recently 
     finalized rule reinforces and restores Title IX's 
     protections, ensuring that every student has the right to a 
     safe and welcoming learning environment, free from sex 
     discrimination, including LGBTQI+ students, survivors of 
     sexual assault and other sex-based harassment, and pregnant 
     and parenting students.
       The updates clarify that Title IX protects against 
     discrimination on the basis of sexual orientation and gender 
     identity. With a staggering 83% of LGBTQI+ youth reporting in 
     school victimization--and 62% of those who have faced 
     victimization never reporting an incident to school staff--
     the Title IX updates will clarify remedies for students 
     facing all types of sex-based harassment and hold school 
     officials accountable for fostering safer school 
     environments. This regulatory clarification ensures that 
     LGBTQI+ youth will be able to equally participate in 
     educational opportunities, from being able to attend prom 
     with a date of their choice and wearing clothes that reflect 
     their gender expression to using a restroom that corresponds 
     with their gender identity.

[[Page H4552]]

       We collectively reject the false narrative that equal 
     educational opportunity for transgender and non-binary 
     students undermines protections for cisgender girls and 
     women. Transgender women are women and transgender girls are 
     girls who deserve the full protection of federal civil rights 
     law. Policies that seek to undermine protections for 
     transgender women and girls--whether in accessing school 
     restrooms or playing sports--harm all women and girls by 
     allowing them to be subjected to unwarranted and 
     inappropriate scrutiny. This scrutiny also falls particularly 
     hard on women and girls of color who do not follow white 
     standards of womanhood, and any cisgender woman or girl who 
     fails to conform to sex-based stereotypes of femininity 
     because of how they look or act. Further, schools across the 
     country have had gender identity nondiscrimination policies 
     in place for years without any issue, and comprehensive 
     nondiscrimination policies that explicitly enumerate gender 
     identity are associated with safer school environments that 
     result in lower rates of discrimination. Such policies are 
     especially critical for sex-separated spaces such as 
     bathrooms and locker rooms. Transgender and nonbinary 
     students avoid sex-separated spaces at higher rates than 
     their LGBQ+ peers, and delayed use of bathrooms can result in 
     adverse impacts on a youth's physical and physiological 
     state, mental health, and academic success and attention at 
     school. Forcing transgender and nonbinary students into sex-
     separated spaces that are inconsistent with their gender 
     identity may result in increased risk of bullying and 
     physical harassment. In fact, survivor-led organizations and 
     anti-sexual assault and domestic violence organizations 
     support full and equal access for transgender people to use 
     restrooms and locker rooms that align with their gender 
     identity.
       Additionally, the Title IX rule reverses the Trump 
     administration's 2020 Title IX rule that significantly 
     weakened protections for student survivors seeking help in 
     the wake of their victimization and incentivize schools to 
     further sweep sexual harassment and assault under the rug. 
     Undoing the 2020 Title IX rule brings justice to survivors by 
     ensuring they are not denied their right to educational 
     opportunities in the wake of sexual assault or harassment. 
     The updates to the Title IX rule no longer allow schools to 
     ignore many reports of sexual assault and remove unfair 
     hurdles uniquely faced by student survivors in their schools' 
     investigations--hurdles that students and employees 
     complaining about any other type of misconduct do not have to 
     experience.
       Lastly, the updates to the Title IX rule provide greater 
     clarity on pregnant and parenting students' rights, including 
     affirmative steps schools must take to ensure those students 
     are aware of their rights. Schools must provide reasonable 
     accommodations, such as the ability to take breaks and access 
     to a sanitary and private lactation room. According to the 
     CDC, roughly 50% of teenagers who become pregnant and give 
     birth withdraw from school and do not receive their high 
     school diplomas by age 22. Research indicates that 
     discrimination plays a major role in students having to 
     withdraw early from school, despite pregnant and parenting 
     students earning higher GPAs than their non-parenting peers. 
     These Title IX rule clarifications are much-needed to ensure 
     pregnant and parenting students have a right to equal 
     education opportunities.
       Every student deserves to have an education free from 
     discrimination and harassment, including on the basis of sex. 
     We urge you to oppose H. Res. 165, and any efforts to 
     undermine this milestone rule that ensures equal educational 
     opportunity for LGBTQI+ students, survivors of sexual assault 
     and harassment, and pregnant and parenting students.
           Sincerely,
       A Better Balance, AFT, All* Above All, Alliance for Girls, 
     American Association of University Women, American Atheists, 
     American Humanist Association, American Psychological 
     Association, Arab American Institute (AAI), Ascend, Athlete 
     Ally, Autistic Self Advocacy Network, CA LGBTQ Health and 
     Human Services Network, Center for WorkLife Law, CenterLink: 
     The Community of LGBTQ Centers, Chicago Alliance Against 
     Sexual Exploitation (CAASE), Clearinghouse on Women's Issues, 
     Clery Center, Colorado Teen Parent Collaborative, Doctors for 
     America.
       EdTrust, Education Law Center, Education Law Center 
     Pennsylvania, End Rape On Campus, Equal Rights Advocates, 
     Equality California, ERA Coalition, Esperanza United, Family 
     Equality, Feminist Majority Foundation, Generation Hope, 
     Girls Inc., GLAAD, GLSEN, Guttmacher Institute, Healthy Teen 
     Network, Human Rights Campaign, Human Rights First, 
     Immigration Equality, Institute for Women's Policy Research.
       interACT: Advocates for Intersex Youth, Ipas, It's On Us, 
     Japanese American Citizens League, Jewish Women 
     International, Just Solutions, Justice and Joy National 
     Collaborative (formerly National Crittenton), Know Your IX, 
     Advocates for Youth, Legal Momentum, The Women's Legal 
     Defense and Education Fund, Los Angeles LGBT Center, 
     MomsRising, Monsoon Asians & Pacific Islanders in Solidarity, 
     Movement Advancement Project, Mujeres Latinas en Accion, 
     National Asian Pacific American Women's Forum, National 
     Association of Councils on Developmental Disabilities, 
     National Association of Social Workers, National Center for 
     Lesbian Rights, National Center for Parent Leadership, 
     Advocacy, and Community Empowerment (National PLACE), 
     National Council of Jewish Women.
       National Education Association, National Latina Institute 
     for Reproductive Justice, National LGBTQI+ Cancer Network, 
     National Organization for Women, National Women's Law Center, 
     National Women's Political Caucus, Network for Victim 
     Recovery of DC (NVRDC), Nevada Coalition to End Domestic and 
     Sexual Violence, PFLAG National, Population Institute, Public 
     Justice, Reproductive Freedom for All (formerly NARAL Pro-
     Choice America), Rocky Mountain Victim Law Center, Sexual 
     Violence Prevention Association (SVPA), Silver State 
     Equality-Nevada, Stop Sexual Assault in Schools, 
     Supermajority, Tahirih Justice Center, The Trevor Project, 
     Trans Empowerment Project.
       Trans Formations Project, Transgender Law Center, Ujima, 
     The National Center on Violence Against Women in the Black 
     Community, UltraViolet, Victim Rights Law Center, 
     VOICEINSPORT Foundation, Women's March, Women's Sports 
     Foundation, YWCA USA.

  Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Michigan (Mrs. McClain), a member of the Committee on Education and the 
Workforce.
  Mrs. McCLAIN. Madam Speaker, today, our girls are under attack. Our 
daughters are under attack.
  I ask this: What about their freedoms? What about their rights? Do 
they not have any rights? Do they not have any freedoms?
  I say they do. I am here to protect women's and girls' rights and 
freedoms.
  For more than 50 years, Title IX has ensured our daughters have 
access to quality education and athletic programs. Now, President Biden 
and his bureaucrats at the Department of Education, are hell-bent on 
erasing those vital protections for our girls.
  This rule to redefine sex discrimination on the basis of gender 
identity will force schools to provide biological men, who claim to be 
women, access to women's locker rooms. Yes, that is the truth. That is 
not fear. That is the truth.
  They will also be allowed to go to their same bathrooms. What about 
our daughters' rights? What about our daughters' freedoms? What about 
their rights? What about girls' rights and women's rights to have 
safety and feel secure? Do they not have any rights anymore?
  They should not be an expense at all. This is absolutely ridiculous.
  You want to talk about us fearmongering? If these allegations that we 
are talking about right now wouldn't be true, he wouldn't have had to 
redefine the law without congressional consent. He did it with a stroke 
of his pen.
  The rule to redefine sex discrimination on the basis of gender 
identity will force schools to provide biological men, who claim to be 
women, access to women's locker rooms.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. FOXX. Madam Speaker, I yield an additional 15 seconds to the 
gentlewoman from Michigan.
  Mrs. McCLAIN. Madam Speaker, that is why this CRA is so important, 
and that is why I am proud to cosponsor it. Why? Because I will stand 
up for women and girls.
  Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Bean), the chairman of the Subcommittee on Early 
Childhood, Elementary, and Secondary Education.
  Mr. BEAN of Florida. Madam Speaker, do you remember the 1970s? It was 
the decade of bell-bottom pants, lava lamps, and disco, but the 
seventies went beyond fads. Profound changes to societal norms took 
root, particularly for women, in 1972.
  In 1972, women were paid 60 percent less than men. Single women 
couldn't buy a home without a cosigner. Even more jarring, only 1 in 27 
girls participated in high school sports.
  The tide began to turn that year with the passage of Title IX, the 
monumental legislation that leveled the playing field to ensure women 
and girls have an equal opportunity in education and sports.
  More than just throwing a ball, playing a sport means learning 
lifelong skills, leadership, teamwork, and discipline. Title IX paved 
the way for girls to compete and lead in athletics.
  It has been 52 years since 1972, yet Democrats are trying to reverse 
many

[[Page H4553]]

decades of revolutionary change by allowing men to compete against 
women. It is what the woke progressive mob calls equality.
  Every time a male takes a lane in a pool, a spot on the field, or on 
the starting line, a female athlete loses the opportunity to compete. 
Madam Speaker, that doesn't sound very equal to me.
  There is a reason that men's sports and women's sports are separate. 
The inclusion of men into women's sports breaches the privacy of all 
athletes, compromises fairness and safety, and subverts opportunities 
for women.
  Madam Speaker, today, I say ``no'' to men competing in women's 
sports. I say ``no'' to men in women's locker rooms. I say ``no'' to 
men in women's showers. I say ``no'' to the Biden administration's 
proposed changes that will allow all of this when they try to change 
Title IX.
  That is why today, Madam Speaker, we are in a battle of survival for 
women's sports. We have to pass the resolution. I stand in support of 
the resolution and ask for your help. Let's go get it done.
  Ms. BONAMICI. Madam Speaker, I yield myself such time as I may 
consume.
  I just want to note that there are so many groups, domestic violence 
and sexual assault organizations, such as the National Alliance to End 
Sexual Violence, National Center on Domestic and Sexual Violence, that 
have all signed onto a national consensus statement of anti-sexual 
assault and domestic violence in support of full and equal access for 
the transgender community.
  They noted: Nondiscrimination laws do not allow men to go into 
women's restrooms or locker rooms, period. The claim that allowing 
transgender people to use the facilities that match the gender they 
live every day, that it allows men into women's bathrooms or women into 
men's, is based on a flawed understanding of what it means to be 
transgender.
  I will note that out of approximately 110,000 collegiate athletes, 
there are approximately 35 who identify as transgender.
  Nondiscrimination laws protecting transgender people have existed for 
a long time. In some cases, these protections have been in place for 
decades. The laws have protected people from discrimination without 
creating harm. None of those jurisdictions have seen a rise in sexual 
violence or other public safety issues due to nondiscrimination laws.
  Assaulting another person in a restroom or a changing room or a 
locker room is against the law in every State, including under this 
rule.
  I include in the Record a letter from the National Task Force to End 
Sexual and Domestic Violence Against Women in opposition to this 
resolution and in support of full and equal access for the transgender 
community.

         National Task Force to End Sexual and Domestic Violence 
           Against Women,
                                                   April 21, 2016.


   NATIONAL CONSENSUS STATEMENT OF ANTI-SEXUAL ASSAULT AND DOMESTIC 
  VIOLENCE ORGANIZATIONS IN SUPPORT OF FULL AND EQUAL ACCESS FOR THE 
                         TRANSGENDER COMMUNITY

       We, the undersigned sexual assault and domestic violence 
     organizations, oppose anti-transgender initiatives. These 
     initiatives utilize and perpetuate the myth that protecting 
     transgender people's access to restrooms and locker rooms 
     endangers the safety or privacy of others. As organizations 
     that care about reducing assault and violence, we favor laws 
     and policies that protect transgender people from 
     discrimination, including in accessing facilities that match 
     the gender they live every day.
       States across the country have introduced harmful 
     legislation or initiatives that seek to repeal non-
     discrimination protections or restrict transgender people's 
     access to gender-specific facilities like restrooms. Those 
     who are pushing these proposals have claimed that these 
     proposals are necessary for public safety and to prevent 
     sexual violence against women and children. As rape crisis 
     centers, shelters, and other service providers who work each 
     and every day to meet the needs of all survivors and reduce 
     sexual assault and domestic violence throughout society, we 
     speak from experience and expertise when we state that these 
     claims are false.
       Nondiscrimination laws protecting transgender people have 
     existed for a long time. Over 200 municipalities and 18 
     states have nondiscrimination laws protecting transgender 
     people's access to facilities consistent with the gender they 
     live every day. In some cases, these protections have been in 
     place for decades. These laws have protected people from 
     discrimination without creating harm. None of those 
     jurisdictions have seen a rise in sexual violence or other 
     public safety issues due to nondiscrimination laws. 
     Assaulting another person in a restroom or changing room 
     remains against the law in every single state. We operate and 
     advocate for rape crisis centers and shelters all over the 
     country, including in cities and states with non-
     discrimination protections for transgender people. Those 
     protections have not weakened public safety or criminal laws, 
     nor have they compromised their enforcement.
       Nondiscrimination laws do not allow men to go into women's 
     restrooms--period. The claim that allowing transgender people 
     to use the facilities that match the gender they live every 
     day allows men into women's bathrooms or women into men's is 
     based either on a flawed understanding of what it means to be 
     transgender or a misrepresentation of the law.
       It may be hard to understand the experiences of transgender 
     people, especially if you have never met a transgender 
     person. We believe in respecting the identities of 
     transgender people. Transgender people live in a society that 
     often discriminates against them and makes it much harder for 
     them to participate in the routines of daily life.
       The efforts to ban transgender people from using public 
     restrooms obscures the fact that all of us, including 
     transgender people, are deeply concerned about safety and 
     privacy in restrooms. Transgender people already experience 
     unconscionably high rates of sexual assault--and forcing them 
     out of facilities consistent with the gender they live every 
     day makes them vulnerable to assault. As advocates committed 
     to ending sexual assault and domestic violence of every kind, 
     we will never support any law or policy that could put anyone 
     at greater risk for assault or harassment. That is why we are 
     able to strongly support transgender-inclusive 
     nondiscrimination protections--and why we oppose any law that 
     would jeopardize the safety of transgender people by forcing 
     them into restrooms that do not align with the gender they 
     live every day.
       It is natural to be concerned about safety and privacy. As 
     advocates and survivors, we know the threat of sexual assault 
     is real and pervasive. Every time we hear of someone who 
     speaks of their assault or abuse, we feel their pain. The 
     safety fears that many have, especially those who are 
     survivors, are not baseless or irrational, nor should they be 
     dismissed. However, discriminating against transgender people 
     does nothing to decrease the risk of sexual assault.
       Discriminating against transgender people does not give 
     anyone more control over their body or security. Those who 
     perpetuate falsehoods about transgender people and 
     nondiscrimination laws are putting transgender people in 
     harm's way and making no one safer. We cannot stand by while 
     the needs of survivors, both those who are transgender and 
     those who are not, are obscured in order to push a political 
     agenda that does nothing to serve and protect victims and 
     potential victims. We will only accomplish our goal of ending 
     sexual violence by treating all people, including those who 
     are transgender, with fairness and respect.
       National Organizations:
       9to5 National Association of Working Women, Alliance for 
     HOPE International, Alliance for Strong Families and 
     Communities, American Association of University Women, 
     American Dance Therapy Association, American Psychological 
     Association, Asian Pacific Institute on Gender Based 
     Violence, Battered Women's Justice Project, Break the Cycle, 
     Center for Women Policy Studies, End Violence Against Women 
     International, Faith Trust Institute, Futures Without 
     Violence, Hollaback!, Jewish Women International.
       Just Detention International, Know Your IX, Legal Momentum, 
     Men As Peacemakers, Men's Story Project, National Alliance 
     for Partnerships in Equity (NAPE), National Alliance to End 
     Sexual Violence, National Center for Victims of Crime, 
     National Center on Domestic and Sexual Violence, National 
     Coalition Against Domestic Violence, National Clearinghouse 
     for Defense of Battered Women, National Council of Jewish 
     Women, National Domestic Violence Hotline, National Housing 
     Law Project, National Indigenous Women's Resource Center, 
     National Latina@ Network: Casa de Esperanza.
       National Network to End Domestic Violence, National 
     Organization for Men Against Sexism, National Organization 
     for Women, National Organization of Asian Pacific Islanders 
     Ending Sexual Violence, National Organization of Sisters of 
     Color Ending Sexual Assault, National Organization for Victim 
     Assistance, National Resource Center on Domestic Violence, 
     National Women's Law Center, Praxis International, Resource 
     Sharing Project, Stop it Now!, Support Network of Advocates 
     for Protective Parents, UltraViolet, Women of Color Network, 
     YWCA.

  Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Moran), a member of the Committee on Education and the 
Workforce.
  Mr. MORAN. Madam Speaker, today, I rise in support of H.J. Res. 165 
introduced by Congresswoman Miller.

[[Page H4554]]

  It is disheartening that there is even a need for this legislation, 
but it is needed because President Biden has led a crusade against 
biological reality and common sense.
  This new Title IX rule erodes underlying protections for women and 
girls. As a father of two young ladies, I can tell you that I am 
devastated and appalled by the action of the Department of Education.
  Title IX was written to protect women by ensuring equal opportunities 
for young women and girls in educational programs. However, this new 
rule, promoted by radical ideologies, shatters it by redefining ``sex'' 
to include sexual orientation and gender identity.
  By redefining ``sex'' under Title IX, the administration will 
effectively allow biological males into female-only spaces, including 
locker rooms and bathrooms.
  Additionally, this Biden rule will impact women's sports as the final 
rule does not create any carve-out for women's athletics. Under this 
rule, local school districts will be required to allow biological men 
to compete in women's sports or risk losing their funding.
  Contrary to the administration's new rule, this resolution today 
guarantees a level playing field to uphold athletics' core principles 
of integrity and fairness, and it reaffirms that boys will be boys and 
girls will be girls.
  Democrats are weaponizing the Department of Education by blurring the 
lines between men and women, and this new rule blatantly disregards 
common sense and the natural laws of this world and, frankly, of God, 
putting women and girls at a disadvantage and a risk. It is vital that 
we pass this Congressional Review Act to uphold the original intent of 
Title IX.
  We must vote to protect our girls and our women in support of this 
resolution and dismantle the left's radical ideology and undo this 
nonsensical rule by the Department of Education. We must pass this 
resolution.
  Ms. BONAMICI. Madam Speaker, I yield myself such time as I may 
consume.
  I just want to respond to ``the natural laws of this world.'' It is 
not a new concept. There are two-spirit people in Native-American 
culture. There are hijra people in South Asia and many more in Judaism. 
For example, the Talmud, the sacred text, lists six genders. The sky is 
not falling.
  I also note that the gentleman referred to redefining ``sex'' to 
include sexual orientation and gender identity as some sort of novel or 
woke concept. I suggest you take that up with the Trump-appointed 
Justice Neil Gorsuch because he wrote the opinion making clear that sex 
discrimination includes discrimination based on sexual orientation and 
gender identity.
  I include in the Record letters from the American Library 
Association, the National Education Association, and the Consortium for 
Constituents with Disabilities. These three letters are all in 
opposition to H.J. Res. 165.

                             ALA American Library Association,

                                                    June 11, 2024.
     Re H.J.Res. 165, Title IX rule disapproval--OPPOSE
     Hon. Virginia Foxx,
     Chairwoman, Committee on Education and the Workforce, US 
         House of Representatives.
     Hon. Robert C. ``Bobby'' Scott,
     Ranking Member, Committee on Education and the Workforce, US 
         House of Representatives.
       Dear Chairwoman Foxx and Ranking Member Scott: On behalf of 
     the American Library Association (ALA), I write to 
     respectfully oppose H.J. Res. 165, ``Providing for 
     congressional disapproval under chapter 8 of title 5, United 
     States Code, of the rule submitted by the Department of 
     Education relating to `Nondiscrimination on the Basis of Sex 
     in Education Programs or Activities Receiving Federal 
     Financial Assistance.' ''
       The Department of Education's Title IX rule, issued April 
     29, 2024, applies the Supreme Court's ruling in Bostock v. 
     Clayton County, 590 U.S. 644 (2020), to codify that Title IX 
     prohibits discrimination on the basis of sexual orientation 
     or gender identity. By doing so, the rule clarifies that 
     recipients of Education Department funding may not 
     discriminate against LGBTQI+ library workers or students in 
     employment opportunities or the delivery of library services 
     (e.g., removal of library materials in a discriminatory 
     manner).
       All Americans deserve equal opportunity in education, 
     employment, and the freedom to read. We urge Congress to 
     defend the rights of students and library workers by 
     rejecting H.J.Res. 165. If we can provide more information, 
     please contact Gavin Baker ([email protected]).
           Sincerely,
       Alan S. Inouye, Ph.D., Senior Director, Public Policy & 
     Government Relations and Interim Associate Executive 
     Director, American Library Association.
                                  ____



                               National Education Association,

                                                    June 12, 2024.
     Committee on Education and the Workforce, House of 
         Representatives, Washington, DC.
       Dear Representative: On behalf of the National Education 
     Association's 3 million members and the 50 million students 
     they teach and support in public schools and public colleges 
     and universities, we appreciate the opportunity to offer 
     comments for the Committee's markup of H.R. 7227, the Truth 
     and Healing Commission on Indian Boarding School Policies 
     Act, and H.J. Res. 165, pertaining to the Department of 
     Education rule regarding nondiscrimination in education 
     programs and activities receiving federal funding.
       We urge you to vote YES on H.R. 7227 and NO on H.J. Res. 
     165. Votes related to these issues may be included in the NEA 
     Report Card on the 118th Congress.


 H.R. 7227, the Truth and Healing Commission on Indian Boarding School 
                              Policies Act

       NEA members are grateful to the Committee for your 
     leadership--especially significant when there is such 
     division in our nation--in advancing H.R. 7227. The bill's 
     bipartisan sponsorship signals that it is still possible for 
     us to come together, regardless of political party, to 
     illuminate historical wrongs.
       The Truth and Healing Commission on Indian Board School 
     Policies Act will shine a light on the impact of Indian 
     boarding schools on the hundreds of thousands of American 
     Indian, Alaska Native, and Native Hawaiian children who were 
     taken from their families and Tribes from at least 1860 until 
     1978. The schools were not places of education; they were 
     tools for colonization, assimilation, and genocide. Many 
     children died, went missing, or were murdered while in the 
     custody of the boarding schools, and those who survived were 
     often the victims of physical, sexual, psychological, and 
     spiritual abuse. The schools caused the loss of connection to 
     language, culture, families, and Tribes.
       H.R. 7227 would provide for a full inquiry into the 
     policies of the boarding schools through locating church and 
     government records, compiling evidence of the ongoing effects 
     of intergenerational trauma, and collecting testimony from 
     survivors and Tribes. Information resulting from the inquiry 
     would be shared with the public within five years.


H.J. Res. 165, pertaining to the Department of Education rule regarding 
   nondiscrimination in education programs and activities receiving 
                            federal funding

       H.J. Res. 165 would undo the recent Title IX rule 
     protecting LGBTQI+ students, survivors of sexual violence or 
     harassment, and students who are pregnant or parents. It must 
     be rejected because it would undercut the U.S. Department of 
     Education's recently finalized rule reinforcing and restoring 
     Title IX's protections, which are meant to ensure that every 
     student has the right to a safe and welcoming learning 
     environment, free from sex discrimination.
       The Department of Education updates clarify Title IX's 
     protections against discrimination on the basis of sexual 
     orientation and gender identity, at a time when 83% of 
     LGBTQI+ youth report in-school victimization, yet 62% of 
     those who have been victimized never inform school staff of 
     the incident. The Title IX updates will clarify remedies for 
     students facing sex-based harassment, hold school officials 
     accountable for fostering safer school environments, and 
     ensure that LGBTQI+ youth can participate equally in 
     educational opportunities, ranging from attending the 
     restroom that corresponds with their gender identity, to 
     going to prom with the person of their choice
       H.R. 7227 moves our nation forward on the path to healing 
     and reconciliation, while H.J. Res. 165 pushes us backward in 
     our ongoing work to protect the civil rights and safety of us 
     all. Please vote YES on H.R. 7227 and NO on H.J. Res. 165.
           Sincerely,

                                                    Marc Egan,

                                 Director of Government Relations,
     National Education Association.
                                  ____

                                       Consortium for Constituents


                                            With Disabilities,

                                                    June 12, 2024.
     Hon. Virginia Foxx,
     Chair, House Education and Workforce Committee, Washington, 
         DC.
     Hon. Bobby Scott,
     Ranking Member, House Education and Workforce Committee, 
         Washington, DC.
       Dear Chairwoman Foxx and Ranking Member Scott: The 
     Consortium for Constituents with Disabilities (CCD) Education 
     Task Force and Rights Task Force are writing to oppose House 
     Joint Resolution (H.J. Res) 165 which intends to negate the 
     rule submitted by the Department of Education (ED) relating 
     to ``Nondiscrimination based on Sex in Education Programs or 
     Activities Receiving Federal Financial Assistance'' (known as 
     Title IX). As finalized by ED, the Title IX regulation 
     includes important provisions that positively impact and 
     support all K-16 students with disabilities, including those 
     who identify as Black, Indigenous, or People of Color (BIPOC) 
     and/or may also

[[Page H4555]]

     identify as LGBTQI+. We therefore urge members of the 
     Education and Workforce Committee to vote `no' if H.J. Res. 
     165 is brought before the Committee.
       CCD advocated for the much-needed updates to the Title IX 
     regulations as it is well documented that students with 
     disabilities, including those who identify as BIPOC and/or 
     LGBTQI+ already face additional barriers to K-16 education. 
     Specifically, updates to Title IX include changes that:
       ensure schools address broader Title IX complaints of sex-
     based harassment;
       ensure students are not forced into unfair and/or 
     potentially traumatic procedures that favor harassers;
       require Title IX coordinators to consult with one or more 
     members of a [eligible] student's Individualized Education 
     Program (IEP) team or Section 504 team; and,
       allow college students to have access to someone in an 
     advisory role during the process.
       Importantly, the improvements clarify that federal due 
     process rights of students with disabilities must not be 
     ignored and that these students must be treated equitably 
     during the Title IX process. This was not the case prior to 
     the issuance of this rule.
       We appreciate this opportunity to weigh in and hope you 
     will reconsider the mark-up of H.J. Res 165.
           Sincerely,
       CCD Education Task Force co-chairs:
     Stephanie Flynt,
       National Disability Rights Network (NDRN).
     Laura Kaloi,
       Council of Parent Attorneys and Advocates and the Center 
     for Learner Equity.
     Lindsay Kubatzky,
       National Center for Learning Disabilities.
     Robyn Linscott,
       The Arc of the United States.
     Kim Musheno,
       Autism Society of America.
       CCD Rights TF co-chairs:
     Claudia Center,
       Disability Rights Education Fund.
     Morgan K. Whitlatch,
       Center for Public Representation.
  Ms. BONAMICI. Madam Speaker, I continue to reserve the balance of my 
time.

                              {time}  1400

  Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from 
Tennessee (Mr. Burchett).
  Mr. BURCHETT. Madam Speaker, I thank Congresswoman Foxx for her 
leadership and friendship. You are a pretty cool lady.
  Madam Speaker, Title IX of the Civil Rights Act was passed to protect 
women from being unfairly denied opportunities in education and sports.
  Can you imagine drawing the short stick and having to defend allowing 
men to compete in women's sports and take trophies from young ladies or 
even careers away from hardworking female athletes?
  Of course, the most famous time this happened was when my friend 
Riley Gaines tied with a man in her swim meet--I say ``man'' in lower 
case letters but she didn't get a trophy because they wanted to give it 
to him instead. They also had to suffer the punishment of having to see 
this guy walk around without any clothes on and his lack of manhood, I 
guess.
  I recently asked Riley about men competing in women's sports in a 
committee hearing. She said that some men started competing before they 
were taking hormones. She also said something we already knew: Hormone 
treatments don't alter a man's bone structure, lung capacity, or his 
height.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. FOXX. Madam Speaker, I yield the gentleman from Tennessee an 
additional 15 seconds.
  Mr. BURCHETT. Hormones don't alter many other attributes that give 
men physical advantages over women. She talked about how allowing men 
into women's sports endangers their physical safety. We see more 
instances of this than Democrats and the mainstream media would have 
you believe.
  A high school volleyball player got a concussion. We also saw a boxer 
withdraw from a match to protect herself when she learned her opponent 
was a biological male. A high school field hockey player had her teeth 
knocked out.
  I strongly support protecting female athletes and rejecting this rule 
by an administration that has completely abandoned them.
  Ms. BONAMICI. Madam Speaker, I reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 1 minute to the gentlewoman from New 
York (Ms. Tenney).
  Ms. TENNEY. Madam Speaker, I thank Chairwoman Foxx for leading on 
this very important issue.
  As a former athlete in high school, college, and beyond, I know the 
unparalleled opportunities that sports offer to women and girls.
  Title IX and its mission to end discrimination against women in 
sports made so much of this possible for me and countless other women 
over the years.
  Today, these opportunities for women and girls are under threat.
  Joe Biden's Department of Education is requiring that schools allow 
biological males to participate in women's sports. This is 
fundamentally unfair. It deprives women and girls of what so many of us 
fought for decades to achieve: equal opportunity to train, compete, and 
excel in athletics.
  Today, we take a stand in defense of women's sports and to stop this 
dangerous precedent.
  This is why I am honored to be an original cosponsor of this 
Congressional Review Act to overturn the Biden administration's radical 
rule to allow biological men in women's sports.
  The CRA will protect opportunities for women and girls to compete 
fairly on the athletic field. Without interference, the woke Biden 
agenda will continue further.
  Ms. BONAMICI. Madam Speaker, how much time do I have remaining.
  The SPEAKER pro tempore. The gentlewoman from Oregon has 9\3/4\ 
minutes remaining.
  Ms. BONAMICI. Madam Speaker, I yield myself such time as I may 
consume.
  I want to note in the big picture as we consider this conversation 
today, LGBTQ youth and trans youth are more likely to have experienced 
sexual violence than their straight counterparts.
  Further, nearly 59 percent of LGBTQI+ students report experiencing 
discriminatory policies and practices at school, particularly those 
targeting students' gender and limiting their ability to participate in 
activities consistent with their gender identity.
  Madam Speaker, 62 percent of LGBTQ students who were harassed or 
assaulted at school did not report the incident because they don't feel 
safe. This is creating hostile environments that are leading to adverse 
outcomes for LGBTQ students.
  The report that I mentioned found that students who experienced 
discrimination and higher levels of victimization have higher dropout 
rates, lower academic performance, and increased mental health issues 
such as anxiety, depression, and suicidal ideation.
  Madam Speaker, 68 percent of the students reported feeling unsafe at 
school because of their sexual orientation, gender identity, and/or 
gender expression.
  We should not be creating this hostile school climate that is making 
students feel unsafe because of who they are.
  I want to again encourage my colleagues to think about the message 
that this is sending to students, that they do not belong, that they 
are not safe in their schools. This is the Education and the Workforce 
Committee. We should be making students feel safe, not making them feel 
threatened.
  Madam Speaker, I continue to reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from 
Colorado (Mr. Lopez), our newest Member in Congress.
  Mr. LOPEZ. Madam Speaker, the Biden administration's newly proposed 
Title IX rule is yet another example of how we are losing our moral 
compass.
  This new rule diminishes the undeniable respect that we must as a 
society extend to all women. It completely destroys the distinctions 
between men and women and forces schools to allow men into private 
women's spaces, including locker rooms and bathrooms.

  Make no mistake about it, under this proposed rule, women will be 
compelled to change with and go to the bathroom next to naked men. That 
simply cannot stand. I urge my colleagues to support this resolution.

[[Page H4556]]

  

  Ms. BONAMICI. Madam Speaker, I yield myself the balance of my time 
for the purpose of closing.
  The Biden-Harris administration's Title IX rule is a necessary step 
in protecting all Americans from sex-based harassment and 
discrimination. It would uplift and empower survivors while holding 
schools accountable for their handling of these sensitive cases.
  This Congressional Review Act that Republicans have put forward 
undermines the rights of survivors of sexual assault and advances a 
baseless, prejudiced narrative against LGBTQI+, especially transgender, 
individuals.
  I am incredibly frustrated that Republicans are spending time 
obsessing over what bathroom is used instead of addressing the real 
problems faced by women and children.
  I also include in the Record, Madam Speaker, a Statement of 
Administrative Policy providing for congressional disapproval under 
chapter 8 of title 5 of the United States Code. If this President were 
presented with H.J. Res. 165, he would veto it, and for good reason 
because this bill takes us back.

                   Statement of Administration Policy


H.J. Res. 165--Providing for congressional disapproval under chapter 8 
of title 5, United States Code, of the rule submitted by the Department 
  of Education relating to ``Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial Assistance

       The Administration strongly opposes H.J. Res. 165, which 
     would disapprove the Department of Education's rule, under 
     Title IX of the Education Amendments of 1972, to restore and 
     strengthen vital nondiscrimination protections for students, 
     employees, and applicants in federally funded education 
     programs and activities.
       Since Title IX was signed into law more than 50 years ago, 
     it has opened doors for generations of women and girls and 
     increased access to educational opportunities for millions of 
     students. Despite this progress, rates of sexual harassment 
     and assault in our nation's schools and colleges remain 
     unacceptably high. Many women see their education derailed 
     because of pregnancy discrimination. And many LGBTQI+ 
     students face bullying and harassment just because of who 
     they are.
       The Department's rule is critical to ensuring that no 
     person experiences sex discrimination at school. The rule 
     provides protection from sex-based harassment, including 
     sexual violence; promotes accountability and fundamental 
     fairness through a fair, transparent, and reliable process; 
     and ensures that students, employees, and families understand 
     their rights and that institutions know their 
     responsibilities. The rule also advances educational equity 
     by requiring schools that have knowledge of possible sex 
     discrimination in their education programs or activities to 
     take prompt and effective action to end the sex 
     discrimination, prevent its recurrence, and remedy its 
     effects. Passage of H.J. Res. 165 would eliminate these 
     critical protections that keep students safe and able to 
     realize their full potential.
       The promise of Title IX--an education free from sex 
     discrimination--remains as vital now as it was when the law 
     was enacted. The Administration will continue to fight 
     tirelessly to realize this promise and achieve equal 
     opportunity for all students and all Americans.
       If the President were presented with H.J. Res. 165, he 
     would veto it.
  Ms. BONAMICI. We have made progress in making every student feel safe 
and be safe in schools.
  I once again encourage my colleagues to vote ``no'' on this harmful 
and extreme joint resolution for the sake of women, the LGBTQI 
community, and survivors across the Nation.
  Again, Madam Speaker, yesterday we were talking about dignity for 
dishwashers. Please show some dignity for people who are being 
discriminated against because of who they are and who they love.
  Madam Speaker, I yield back the balance of my time.
  Ms. FOXX. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, we have heard a lot of misleading comments today, as I 
said earlier--misleading verging on untruths.
  The Department isn't following court precedent. In Bostock, the 
Supreme Court specifically warned against applying its decision in that 
case to Title IX or any other civil rights law preventing sex 
discrimination.
  In addition, there is currently a split among Federal appeals courts 
on this issue. In January of last year, the Eleventh Circuit held that 
a school district's policy requiring people to use the bathroom that 
corresponds with the student's biological sex is allowed under Title 
IX.
  As I said earlier, we are not misleading or scaring the American 
people. All people have to do is read this regulation to see that 
schools are not allowed to prevent a person from participating in an 
educational program or activity consistent with the person's gender 
identity. There are exceptions, but athletics are not included. A 
biological man can announce that he feels like a girl or a woman and go 
into the bathroom with women and girls if he chooses to do so based on 
this rule.
  In addition, three separate Federal district court judges in three 
separate cases have already taken action to block the rule from going 
into effect in the States involved in those cases, which has been 
alluded to. One judge called the regulation ``an abuse of power.'' The 
other judge called the regulation ``an attempt by the executive branch 
to dramatically alter the purpose and meaning of Title IX.''
  Madam Speaker, this resolution to overturn President Biden's Title IX 
rule is a necessary step to keep the spirit of Title IX alive. My 
colleagues have eloquently talked about that.
  H.J. Res. 165 is about fairness, safety, and ensuring that the 
playing field remains level for everyone. I urge my colleagues to join 
me in supporting this resolution.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired. Pursuant to 
House Resolution 1341, the previous question is ordered on the joint 
resolution.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.
  The SPEAKER pro tempore. The question is on passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. BONAMICI. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________