[House Report 116-19]
[From the U.S. Government Publishing Office]


116th Congress   }                                            {   Report
                          HOUSE OF REPRESENTATIVES
 1st Session     }                                            {   116-19

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

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7) TO AMEND THE FAIR 
   LABOR STANDARDS ACT OF 1938 TO PROVIDE MORE EFFECTIVE REMEDIES TO 
VICTIMS OF DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF SEX, 
    AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE 
 RESOLUTION (H. RES. 124) EXPRESSING OPPOSITION TO BANNING SERVICE IN 
           THE ARMED FORCES BY OPENLY TRANSGENDER INDIVIDUALS

                                _______
                                

   March 25, 2019.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

        Mrs. Torres of California, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 252]

    The Committee on Rules, having had under consideration 
House Resolution 252, by a record vote of 9 to 4, 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. 7, the 
Paycheck Fairness Act, under a structured rule. 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 Labor. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for the purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 116-8, modified by the 
amendment printed in part A of this report, and provides that 
it shall be considered as read. The resolution waives all 
points of order against that amendment in the nature of a 
substitute. The resolution makes in order only those further 
amendments printed in part B of 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. The 
resolution waives all points of order against the amendments 
printed in part B of this report. The resolution provides one 
motion to recommit with or without instructions. The resolution 
provides for consideration of H. Res. 124, Expressing 
opposition to banning service in the Armed Forces by openly 
transgender individuals, under a closed rule. The resolution 
provides one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on Armed 
Services. The resolution waives all points of order against 
consideration of H. Res. 124. The resolution provides that the 
bill shall be considered as read and shall not be subject to a 
demand for division of the question.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 7 includes a waiver of clause 12(b) of rule XXI, which 
prohibits consideration of a bill unless there is a searchable 
electronic comparative print that shows how the text of the 
bill as proposed to be considered differs from the text of the 
bill as reported.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text, as 
amended, includes a waiver of clause 12(a)(2) of rule XXI, 
which prohibits consideration of an amendment in the nature of 
a substitute unless there is a searchable electronic 
comparative print that shows how the amendment in the nature of 
a substitute proposes to change current law.
    Although the resolution waives all points of order against 
the amendments printed in part B of 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. Res. 124, 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. 38

    Motion by Mr. Cole to amend the rule to H.R. 7 to make in 
order and provide the appropriate waivers to amendment #14, 
offered by Rep. Byrne (AL), which clarifies that a reasonable 
attorney's fee for any contingent attorney's fee shall not 
exceed 20 percent of any judgment awarded to the plaintiff or 
plaintiffs. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................  ............
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 39

    Motion by Mrs. Lesko to amend the rule to H.R. 7 to make in 
order and provide the appropriate waivers to amendment #18, 
offered by Rep. Bost (IL), which provides that an employer who 
conducts a compensation self-evaluation audit and such audit 
reveals illegal differentials in pay, and takes reasonable 
steps to address the differentials, would not be liable for 
liquidated, compensatory, or punitive damages but could still 
be liable for the back pay of an employee who was not paid 
correctly. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................  ............
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 40

    Motion by Mrs. Torres to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mrs. Lesko........................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. DeSaulnier..................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

    1. Scott, Bobby (VA): Clarifies how under section 8 the 
EEOC will build on existing reporting requirements to help it 
address gender and racial pay gaps.

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Foxx (NC): Strikes Section 8 relating to the collection 
by the Equal Employment Opportunity Commission of pay 
information and other employment-related data (including 
hiring, termination, and promotion data) disaggregated by the 
sex, race, and national origin of employees. (10 minutes)
    2. Torres, Norma (CA): Recognizes the severity of the 
gender wage gap for girls and women of color. (10 minutes)
    3. Torres, Norma (CA), Harder (CA): Highlights the gender 
pay gap's impact on women and girls of color during research 
and education efforts conducted by the Secretary of Labor. (10 
minutes)
    4. Byrne (AL): Clarifies that the ``any other factor other 
than sex'' defense in the Equal Pay Act means ``a bona fide 
business-related reason other than sex.'' Strikes Section 
3(a)(B) relating to the application of the factor other than 
sex defense to an Equal Pay Act claim. (10 minutes)
    5. Waters (CA): Clarifies that the studies conducted by the 
Department of Labor concerning the elimination of pay 
disparities between men and women must include information 
about, and an analysis of, women of all racial and ethnic 
backgrounds. (10 minutes)
    6. Vargas (CA): Prohibits an employer when determining 
salary from considering: 1) leave used to care for children; or 
2) whether or not an employee has children. (10 minutes)
    7. Beyer (VA): Exempts employers with fewer than 100 
employees from reporting compensation data under Section 8 of 
this Act. (10 minutes)
    8. Lawrence (MI): Requires the Department of Labor to 
conduct a study on the gender pay gap in the teenage workforce 
and provide recommendations for how to address the gap. (10 
minutes)
    9. Brown (MD): Makes it unlawful to discriminate against an 
employee for inquiring or discussing with the employer why the 
wages of the employee are set at a certain rate or salary. (10 
minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  In subsection (f) of section 709 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-8), as proposed to be added by section 
8--
          (1) in paragraph (1)--
                  (A) strike ``issue regulations to''; and
                  (B) strike ``national origin'' and insert 
                ``ethnic identity''; and
          (2) add at the end the following:
          ``(3)(A) For each 12-month reporting period for an 
        employer, the compensation data collected under 
        paragraph (1) shall include, for each range of taxable 
        compensation described in subparagraph (B), 
        disaggregated by the categories described in 
        subparagraph (E)--
                  ``(i) the number of employees of the employer 
                who earn taxable compensation in an amount that 
                falls within such taxable compensation range; 
                and
                  ``(ii) the total number of hours worked by 
                such employees.
          ``(B) Subject to adjustment under subparagraph (C), 
        the taxable compensation ranges described in this 
        subparagraph are as follows:
                  ``(i) Not more than $19,239.
                  ``(ii) Not less than $19,240 and not more 
                than $24,439.
                  ``(iii) Not less than $24,440 and not more 
                than $30,679.
                  ``(iv) Not less than $30,680 and not more 
                than $38,999.
                  ``(v) Not less than $39,000 and not more than 
                $49,919.
                  ``(vi) Not less than $49,920 and not more 
                than $62,919.
                  ``(vii) Not less than $62,920 and not more 
                than $80,079.
                  ``(viii) Not less than $80,080 and not more 
                than $101,919.
                  ``(ix) Not less than $101,920 and not more 
                than $128,959.
                  ``(x) Not less than $128,960 and not more 
                than $163,799.
                  ``(xi) Not less than $163,800 and not more 
                than $207,999.
                  ``(xii) Not less than $208,000.
          ``(C) The Commission may adjust the taxable 
        compensation ranges under subparagraph (B)--
                  ``(i) if the Commission determines that such 
                adjustment is necessary to enhance enforcement 
                of Federal laws prohibiting pay discrimination; 
                or
                  ``(ii) for inflation, in consultation with 
                the Bureau of Labor Statistics.
          ``(D) In collecting data described in subparagraph 
        (A)(ii), the Commission shall provide that, with 
        respect to an employee who the employer is not required 
        to compensate for overtime employment under section 7 
        of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        207), an employer may report--
                  ``(i) in the case of a full-time employee, 
                that such employee works 40 hours per week, and 
                in the case of a part-time employee, that such 
                employee works 20 hours per week; or
                  ``(ii) the actual number of hours worked by 
                such employee.
          ``(E) The categories described in this subparagraph 
        shall be determined by the Commission and shall 
        include--
                  ``(i) race;
                  ``(ii) ethnic identity;
                  ``(iii) sex; and
                  ``(iv) job categories, including the job 
                categories described in the instructions for 
                the Equal Employment Opportunity Employer 
                Information Report EEO-1, as in effect on the 
                date of the enactment of this subsection.
          ``(F) The Commission shall use the compensation data 
        collected under paragraph (1)--
                  ``(i) to enhance--
                          ``(I) the investigation of charges 
                        filed under section 706 or section 6(d) 
                        of the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 206(d)); and
                          ``(II) the allocation of resources to 
                        investigate such charges; and
                  ``(ii) for any other purpose that the 
                Commission determines appropriate.
          ``(G) The Commission shall annually make publicly 
        available aggregate compensation data collected under 
        paragraph (1) for the categories described in 
        subparagraph (E), disaggregated by industry, 
        occupation, and core based statistical area (as defined 
        by the Office of Management and Budget).''.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER

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

  Strike section 8.
                              ----------                              


2. An Amendment To Be Offered by Representative Torres of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 1, line 12, add at the end the following: ``Pay 
disparities are especially severe for women and girls of 
color.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Torres of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 14, line 3, insert ``, with specific attention paid to 
women and girls from historically underrepresented and minority 
groups'' after ``disparities''.
                              ----------                              


4. An Amendment To Be Offered by Representative Byrne of Alabama or His 
                   Designee, Debatable for 10 Minutes

  Amend section 3(a)(2) to read as follows:
          (2) by striking ``any other factor other than sex'' 
        and inserting ``a bona fide business-related reason 
        other than sex''; and
  Page 6, strike lines 9 through 20.
  Page 6, line 21, strike ``(C)'' and insert ``(B)''.
                              ----------                              


5. An Amendment To Be Offered by Representative Waters of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 13, line 23, insert after ``women'' the following: 
``(including women who are Asian American, Black or African-
American, Hispanic American or Latino, Native American or 
Alaska Native, Native Hawaiian or Pacific Islander, and White 
American)''.
                              ----------                              


6. An Amendment To Be Offered by Representative Vargas of California or 
                 His Designee, Debatable for 10 Minutes

  Page 6, line 20, insert before the period the following: ``, 
nor shall such defense apply if the defense is related to or 
derived from the use of leave provided by the employer to 
similarly situated employees or otherwise authorized by 
Federal, State or local law (such as leave authorized under the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.)), 
or if such defense is related to or derived from whether or not 
an employee has children''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Beyer of Virginia or 
                 His Designee, Debatable for 10 Minutes

  In subsection (f) of section 709 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-8), as proposed to be added by section 8, 
add at the end the following:

  ``(3) The compensation data under paragraph (1) shall be 
collected from each employer that--
          ``(A) is a private employer that has 100 or more 
        employees, including such an employer that is a 
        contractor with the Federal Government, or a 
        subcontractor at any tier thereof; or
          ``(B) the Commission determines appropriate.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Lawrence of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  In section 6, strike ``Not later than'' and insert ``(a) In 
General.--Not later than''.
  In section 6, add at the end the following:
  (b) Report on Gender Pay Gap in Teenage Labor Force.--
          (1) Report required.--Not later than one year after 
        the date of the enactment of this Act, the Secretary of 
        Labor, acting through the Director of the Women's 
        Bureau and in coordination with the Commissioner of 
        Labor Statistics, shall--
                  (A) submit to Congress a report on the gender 
                pay gap in the teenage labor force; and
                  (B) make the report available on a publicly 
                accessible website of the Department of Labor.
          (2) Elements.--The report under subsection (a) shall 
        include the following:
                  (A) An examination of trends and potential 
                solutions relating to the teenage gender pay 
                gap.
                  (B) An examination of how the teenage gender 
                pay gap potentially translates into greater 
                wage gaps in the overall labor force.
                  (C) An examination of overall lifetime 
                earnings and losses for informal and formal 
                jobs for women, including women of color.
                  (D) An examination of the teenage gender pay 
                gap, including a comparison of the average 
                amount earned by males and females, 
                respectively, in informal jobs, such as 
                babysitting and other freelance jobs, as well 
                as formal jobs, such as retail, restaurant, and 
                customer service.
                  (E) A comparison of --
                          (i) the types of tasks typically 
                        performed by women from the teenage 
                        years through adulthood within certain 
                        informal jobs, such as babysitting and 
                        other freelance jobs, and formal jobs, 
                        such as retail, restaurant, and 
                        customer service; and
                          (ii) the types of tasks performed by 
                        younger males in such positions.
                  (F) Interviews and surveys with workers and 
                employers relating to early gender-based pay 
                discrepancies.
                  (G) Recommendations for--
                          (i) addressing pay inequality for 
                        women from the teenage years through 
                        adulthood, including such women of 
                        color;
                          (ii) addressing any disadvantages 
                        experienced by young women with respect 
                        to work experience and professional 
                        development;
                          (iii) the development of standards 
                        and best practices for workers and 
                        employees to ensure better pay for 
                        young women and the prevention of early 
                        inequalities in the workplace; and
                          (iv) expanding awareness for teenage 
                        girls on pay rates and employment 
                        rights in order to reduce greater 
                        inequalities in the overall labor 
                        force.
                              ----------                              


 9. An Amendment To Be Offered by Representative Brown of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 7, line 23, insert after ``employee'' the following: 
``(such as by inquiring or discussing with the employer why the 
wages of the employee are set at a certain rate or salary)''.