[House Report 118-37]
[From the U.S. Government Publishing Office]


118th Congress   }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                     {       118-37

======================================================================

 
    PROVIDING FOR 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, AND PROVIDING FOR CONSIDERATION OF THE JOINT 
 RESOLUTION (H.J. RES. 42) DISAPPROVING THE ACTION OF THE DISTRICT OF 
 COLUMBIA COUNCIL IN APPROVING THE COMPREHENSIVE POLICING AND JUSTICE 
                      REFORM AMENDMENT ACT OF 2022

                                _______
                                

   April 17, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mrs. Houchin, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 298]

    The Committee on Rules, having had under consideration 
House Resolution 298, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 734, 
Protection of Women and Girls in Sports Act of 2023, under a 
structured rule. The resolution waives all points of order 
against consideration of H.R 734. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Education 
and the Workforce or their respective designees. The resolution 
provides that an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 118-3 shall be 
considered as adopted and the bill, as amended, shall be 
considered as read. The resolution waives all points of order 
against the amendment in the nature of a substitute to H.R. 734 
made in order as original text. The resolution further makes in 
order only those amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. All 
points of order against the amendments are waived. The 
resolution provides one motion to recommit. The resolution 
further provides for consideration of H.J. Res. 42, 
disapproving the action of the District of Columbia Council in 
approving the Comprehensive Policing and Justice Reform 
Amendment Act of 2022, under a closed rule. The resolution 
waives all points of order against consideration of H.J. Res. 
42. The resolution provides that H.J. Res. 42 shall be 
considered as read. The resolution waives all points of order 
against provisions in H.J. Res. 42. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Oversight 
and Accountability or their respective designees. The 
resolution provides that pursuant to section 604(h) of the Home 
Rule Act, a motion to recommit is not in order to the joint 
resolution if under consideration while the act of the D.C. 
Council is within the congressional review period prescribed in 
section 602 of such Act.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 734, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 734, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of H.J. Res. 42, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 42, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 33

    Motion by Ms. Scanlon to amend the rule to make in order 
and provide any necessary waivers for amendment #5 to H.R. 734, 
offered by Representative Omar, which would strike the text of 
the bill and add a section to ensure nothing in this Act shall 
be construed to permit or encourage a local educational agency 
or school to require any student to provide reproductive or 
sexual health information, including information regarding the 
student's menstrual cycle. Defeated: 3-8

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................  ............
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 34

    Motion by Mrs. Houchin to report the rule. Adopted: 8-3

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................  ............
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................  ............
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
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          SUMMARY OF THE AMENDMENTS TO H.R. 734 MADE IN ORDER

    1. Mace (SC): Requires the Comptroller General shall carry 
out a study to determine the meaning of the phrase `any other 
benefit' as used in subsection (d)(3) by looking at the adverse 
psychological, developmental, participatory, and sociological 
results to girls of allowing males to compete, be members of a 
sports team, or participants in athletic programs, that are 
designed for girls, including hostile environment creation, 
sexual assault, and sexual harassment. (10 minutes)
    2. Ogles (TN): Clarifies that the term ``athletic programs 
and activities'' includes any activities a recipient chooses to 
restrict only to members of a team. (10 minutes)

              TEXT OF AMENDMENTS TO H.R. 734 MADE IN ORDER

1. An Amendment To Be Offered by Representative Mace of South Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 2, line 7, strike the close quotation marks.
  Page 2, after line 7, insert the following:
  ``(e) The Comptroller General shall carry out a study to 
determine the meaning of the phrase `any other benefit' as used 
in subsection (d)(3) by looking at benefits to women or girls 
of participating in single sex sports that would be lost by 
allowing males to participate. The study shall document the 
adverse psychological, developmental, participatory, and 
sociological results to girls of allowing males to compete, be 
members of a sports team, or participants in athletic programs, 
that are designed for girls, including displacement or 
discouragement from sports participation, deprivation of a 
roster spot on a team or sport, loss of the opportunity to 
participate in a practice or competition, loss of a scholarship 
or scholarship opportunities, loss or displacement of admission 
to an educational institution, deprivation of the benefit of an 
environment free of hostility based on sexual assault or 
harassment, or any other benefit that accompanies participating 
in the athletics program or activity. Further, the Comptroller 
General shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report 
that contains the results of such study.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Ogles of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 1, line 17, strike ``(3)'' and insert ``(4)''.
  Page 1 after line 16, insert the following:
          ``(3) For the purposes of this subsection, the term 
        `athletic programs and activities' includes, but is not 
        limited to, all programs or activities that are 
        provided conditional upon participation with any 
        athletic team.''.

                                  [all]