Protection of Women and Girls in Sports Act of 2023
Floor Speech
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Ms. BALINT. Mr. Chair, I rise in the strongest opposition to H.R. 734.
This is one of the most powerful bodies in our Nation. We should be using our influence and our power for good. We should be alleviating the suffering of our constituents and not fanning the flames of fear and enabling discrimination.
What upsets me the most about this bill is that it is devoid of compassion for the kids who just want to live their lives.
I was honored yesterday to meet with Rebekah Bruesehoff. This wonderful 16-year-old girl spoke about the incredibly positive impact sports and community have in her young life. To Rebekah and trans kids everywhere, there are allies in Congress who care deeply about you, and we will continue to fight for your rights.
We should not be choosing to use the power of this institution to attack young kids who just want to live their lives.
Mr. Chair, I urge my colleagues to vote for the motion to recommit so that I can offer an amendment to protect student athletes' sexual privacy and keep schools accountable when sexual abuse occurs.
Mr. Chair, I include in the Record the text of this amendment.
Ms. Balint moves to recommit the bill (H.R. 734) to the Committee on Education and the Workforce with instructions to report the bill back to the House forthwith with the following amendment:
Strike the text of the bill and insert the following: SECTION 1. AMENDMENTS TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) is amended--
(1) in section 901 by adding at end the following:
``(d) Rule of Construction.--Nothing in this title shall be construed to limit or restrict a female athlete's right to privacy over her personal reproductive or sexual health Information.
``(e) Liability for Sex-based Harassment.--
``(1) Harassment by agents, employees, and other persons authorized by the recipient to provide an athletic program or activity.--Subject to subsection (f), a recipient shall be liable if its agent, employee, or other person authorized by the recipient to provide an athletic program or activity under the recipient's program or activity, engages in sex- based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if--
``(A) the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or
``(B) the recipient receives notice of the harassment.
``(2) Harassment by non-agents, non-employees, and other non-authorized persons.--Subject to subsection (f), a recipient is liable for sex-based harassment if a person who is not its agent, employee, or other authorized person, engages in sex-based harassment against a person who is participating in an athletic program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment.
``(f) Affirmative Defense.--
``(1) In general.--A recipient is not liable in a private action for damages under subsection (e) for sex-based harassment, if the recipient demonstrates that it exercised reasonable care to prevent sex-based harassment and to promptly remedy the effects of the sex-based harassment at issue, including through a demonstration by the recipient that it--
``(A) established, adequately publicized, and enforced an effective and comprehensive sex-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense;
``(B) if requested by an aggrieved person subjected to sex- based harassment (or the parent or guardian of such person, if such person is a minor), or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment;
``(C) provided supportive measures that have the purpose and effect of preserving and restoring a person subjected to sex-based harassment's equal access to the recipient's education program or activity (including any athletic program or activity), regardless of whether such person requests an investigation; and
``(D) took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects.
``(2) Not establishing reasonable care.--A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs (A) through (D) of paragraph (1).
``(g) Notice.--A recipient receives notice of sex-based harassment if an agent, employee, or other authorized person of the recipient, or in the exercise of reasonable care should have known, about the harassment and--
``(1) has the authority to take action to redress the harassment;
``(2) has the responsibility to report to an administrator harassment or similar misconduct by others; or
``(3) receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph (1) or (2).''; and
(2) in section 903--
(A) in the 1st sentence by inserting ``(a)'' before ``Any''; and
(B) by adding at the end of the following:
``(b) Any person aggrieved by the failure of a recipient to comply with section 901, or a rule issued under this title, may bring a civil action in any court of competent jurisdiction.
``(c) In a civil action brought for a violation of section 901 by or on behalf of a person aggrieved by a violation of section 901, such person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney's fees (including expert fees).''.
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