[House Report 117-71]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       117-71

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2062) TO AMEND THE AGE 
  DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AND OTHER LAWS TO CLARIFY 
    APPROPRIATE STANDARDS FOR FEDERAL EMPLOYMENT DISCRIMINATION AND 
RETALIATION CLAIMS, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION 
   OF THE BILL (H.R. 239) TO AMEND TITLE 38, UNITED STATES CODE, TO 
 PROVIDE FOR LIMITATIONS ON COPAYMENTS FOR CONTRACEPTION FURNISHED BY 
 THE DEPARTMENT OF VETERANS AFFAIRS, AND FOR OTHER PURPOSES; PROVIDING 
  FOR CONSIDERATION OF THE BILL (H.R. 1443) TO AMEND THE EQUAL CREDIT 
 OPPORTUNITY ACT TO REQUIRE THE COLLECTION OF SMALL BUSINESS LOAN DATA 
 RELATED TO LGBTQ-OWNED BUSINESSES; PROVIDING FOR CONSIDERATION OF THE 
JOINT RESOLUTION (S.J. RES. 13) PROVIDING FOR CONGRESSIONAL DISAPPROVAL 
 UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED 
BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RELATING TO ``UPDATE OF 
COMMISSION'S CONCILIATION PROCEDURES''; PROVIDING FOR CONSIDERATION OF 
    THE JOINT RESOLUTION (S.J. RES. 14) PROVIDING FOR CONGRESSIONAL 
DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE 
SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY RELATING TO ``OIL AND 
  NATURAL GAS SECTOR: EMISSION STANDARDS FOR NEW, RECONSTRUCTED, AND 
  MODIFIED SOURCES REVIEW''; PROVIDING FOR CONSIDERATION OF THE JOINT 
RESOLUTION (S.J. RES. 15) PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER 
CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED BY THE 
OFFICE OF THE COMPTROLLER OF CURRENCY RELATING TO ``NATIONAL BANKS AND 
   FEDERAL SAVINGS ASSOCIATIONS AS LENDERS''; AND FOR OTHER PURPOSES

                                _______
                                

   June 22, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Morelle, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 486]

    The Committee on Rules, having had under consideration 
House Resolution 486, 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. 2062, the 
Protecting Older Workers Against Discrimination Act of 2021, 
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 
or their designees. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
an amendment in the nature of a substitute consisting of the 
text of Rules Committee Print 117-6, modified by the amendment 
printed in part A of this report, shall be considered as 
adopted and the bill, as amended, shall be considered as read. 
The resolution waives all points of order against provisions in 
the bill, as amended. The resolution provides that following 
debate, each further amendment printed in part B of this report 
not earlier considered as part of amendments en bloc pursuant 
to section 3 shall be considered 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, may be withdrawn by the 
proponent at any time before the question is put thereon, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question. The resolution provides 
that at any time after debate the chair of the Committee on 
Education and Labor or his designee may offer amendments en 
bloc consisting of further amendments printed in part B of this 
report not earlier disposed of. Amendments en bloc shall be 
considered as read, shall be debatable for 20 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Education and Labor or their designees, 
shall not be subject to amendment, and shall not be subject to 
a demand for division of the question. The resolution waives 
all points of order against the amendments printed in part B of 
this report or amendments en bloc described in section 3 of the 
resolution. The resolution provides one motion to recommit. The 
resolution provides for consideration of H.R. 239, the Equal 
Access to Contraception for Veterans Act, under a closed rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Veterans' Affairs or their designees. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit. The resolution provides for consideration 
of H.R. 1443, the LGBTQ Business Equal Credit Enforcement and 
Investment Act, under a closed rule. The resolution provides 
one hour of general debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Financial Services or their designees. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 117-
7 shall be considered as adopted and the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit. The resolution 
provides for consideration of S.J. Res. 13, providing for 
congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Equal Employment 
Opportunity Commission relating to ``Update of Commission's 
Conciliation Procedures,'' under a closed 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 or their designees. The 
resolution waives all points of order against consideration of 
the joint resolution. The resolution provides that the joint 
resolution shall be considered as read. The resolution waives 
all points of order against provisions in the joint resolution. 
The resolution provides one motion to commit. The resolution 
provides for consideration of S.J. Res. 14, providing for 
congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Environmental 
Protection Agency relating to ``Oil and Natural Gas Sector: 
Emission Standards for New, Reconstructed, and Modified Sources 
Review,'' under a closed rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on Energy and 
Commerce or their designees. The resolution waives all points 
of order against consideration of the joint resolution. The 
resolution provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution. The resolution 
provides one motion to commit. The resolution provides for 
consideration of S.J. Res. 15, providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the Office of the Comptroller of Currency 
relating to ``National Banks and Federal Savings Associations 
as Lenders,'' under a closed rule. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Financial 
Services or their designees. The resolution waives all points 
of order against consideration of the joint resolution. The 
resolution provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution. The resolution 
provides one motion to commit. The resolution provides that 
House Resolution 485 is hereby adopted. The resolution provides 
that at any time through the legislative day of Friday, June 
25, 2021, the Speaker may entertain motions offered by the 
Majority Leader or a designee that the House suspend the rules 
with respect to multiple measures that were the object of 
motions to suspend the rules on the legislative days of June 22 
or 23, 2021, and on which the yeas and nays were ordered and 
further proceedings postponed. The Chair shall put the question 
on any such motion without debate or intervening motion, and 
the ordering of the yeas and nays on postponed motions to 
suspend the rules with respect to such measures is vacated.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2062, 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.R. 2062, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 239 includes a waiver of clause 3(c)(6) of rule XIII, 
which prohibits consideration of a reported bill unless the 
committee report designates a hearing used to develop or 
consider the bill.
    Although the resolution waives all points of order against 
provisions in H.R. 239, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 1443 includes a waiver clause 3(d)(1) of rule XIII which 
requires the inclusion of committee cost estimate in a 
committee report. A CBO cost estimate on H.R. 1443 was not 
available at the time the Committee on Financial Services filed 
its report.
    Although the resolution waives all points of order against 
provisions in H.R. 1443, as amended, 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 S.J. Res. 13, 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 S.J. Res. 13, 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 S.J. Res. 14, 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 S.J. Res. 14, 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 S.J. Res. 15, 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 S.J. Res. 15, 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. 97

    Motion by Mr. Cole to report an open rule for H.R. 2062. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 98

    Motion by Mr. Reschenthaler to amend the rule to H.R. 2062 
to make in order amendment #8, offered by Rep. McClain (MI), 
which clarifies that an Americans with Disabilities Act mixed-
motive claim under the bill may not rely solely on the fact 
that an employer has engaged in an interactive process with an 
employee or job applicant to determine a reasonable 
accommodation. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 99

    Motion by Mr. Morelle to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Yea   Mr. Cole..........................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea   Mrs. Fischbach....................          Nay
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. Neguse......................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

 SUMMARY OF THE AMENDMENT TO H.R. 2062 IN PART A CONSIDERED AS ADOPTED

    1. Scott, Bobby (VA): Makes a technical change to H.R. 2062 
by removing language that conflicts with Title VII of the Civil 
Rights Act regarding the burdens of persuasion under the Age 
Discrimination in Employment Act (ADEA) and the Americans with 
Disabilities Act (ADA).

     SUMMARY OF THE AMENDMENTS TO H.R. 2062 IN PART B MADE IN ORDER

    1. Brown (MD): Requires the Equal Employment Opportunity 
Commission (EEOC) to submit yearly reports to Congress on the 
number of age discrimination claims brought under this Act. (10 
minutes)
    2. Allen (GA): Requires a GAO study on whether the Supreme 
Court's decisions in the Gross and Nassar cases have 
discouraged age discrimination charges and Title VII of the 
Civil Rights Act of 1964 retaliation charges and whether the 
success rates of age discrimination and Title VII retaliation 
court cases have decreased following the Supreme Court's 
decisions in Gross and Nassar. Prevents the bill from taking 
effect if such charges have not decreased and such success 
rates have not decreased. (10 minutes)
    3. Williams (GA): Commissions a report analyzing any 
disparities that individuals who face discrimination in 
employment based on characteristics protected under the Age 
Discrimination in Employment Act of 1967 combined with one or 
more intersectional characteristics protected under title VII 
of the Civil Rights Act of 1964, the Americans with 
Disabilities Act of 1990, or the Rehabilitation Act of 1973 
face in pursuing relief from discrimination under the mixed 
motive evidentiary standard. (10 minutes)
    4. Davis, Rodney (IL), Pingree (ME): Requires the Secretary 
of the Department of Labor and the Chair of the Equal 
Employment Opportunity Commission to conduct a study to 
determine the number of older adult women who may have been 
adversely impacted by age discrimination as a motivating factor 
in workplace discrimination or employment. Requires the report 
to be submitted to Congress and made publicly available within 
one year and would require a recommendation on best practices 
to combat gender and age discrimination in the workplace. (10 
minutes)
    5. Foxx (NC): Strikes the provisions allowing mixed-motive 
retaliation claims. (10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 2062 CONSIDERED AS ADOPTED

  Page 2, beginning on line 5, strike ``and'' and all that 
follows through ``Act'' on line 7.
  Beginning on page 5, line 25, strike ``and'' and all that 
follows through ``Act'' on line 3 of page 6.

         PART B--TEXT OF AMENDMENTS TO H.R. 2062 MADE IN ORDER

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

  At the end, add the following:

SEC. 5. REPORTS.

  The Chairman of Equal Employment Opportunity Commission shall 
submit to the Committee on Education and Labor of the House of 
Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate a report at 1-year intervals on the 
number of age discrimination in employment claims brought under 
this Act with the Equal Employment Opportunity Commission in 
the period for which such report is submitted.
                              ----------                              


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


  At the end of the bill, add the following:

SEC. 5. EFFECTIVE DATE.

  (a) GAO Study.--Subject to subsection (b), this Act and the 
amendments made by this Act shall not take effect until the 
date the Government Accountability Office reports to the 
Congress the results of a study such Office carries out to 
determine whether--
          (1) the Supreme Court's decisions in Gross v. FBL 
        Financial Services, Inc., 557 U.S. 167 (2009), and 
        Texas Southwestern Medical Center v. Nassar, 570 U.S. 
        338 (2013), have discouraged individuals from filing 
        age discrimination charges and title VII of the Civil 
        Rights Act of 1964 retaliation charges with the Equal 
        Employment Opportunity Commission,
          (2) such decisions have discouraged individuals from 
        filing age discrimination cases and title VII 
        retaliation cases, and
          (3) the success rates of age discrimination cases and 
        title VII retaliation cases brought has decreased.
  (b) Limitation.--If the results of the study carried out 
under subsection (a) show that individuals have not been 
discouraged as described in such subsection and that the 
success rate of cases described in such subsection has not 
decreased, then this Act and the amendments made by this Act 
shall not take effect.
                              ----------                              


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


  At the end, add the following:

SEC. 5. REPORT.

  (a) Report.--Not later than 2 years after the date of 
enactment of this Act, the Equal Employment Opportunity 
Employment Commission shall submit to the Congress, and make 
available to the public, a report that contains analysis of any 
disparities that covered individuals, as defined in subsection 
(b), face in pursuing relief from discrimination in employment 
under the mixed motive evidentiary standard.
  (b) Covered Individuals Defined.--The term ``covered 
individuals'' means individuals who face discrimination in 
employment based on characteristics protected under the Age 
Discrimination in Employment Act of 1967 combined with one or 
more intersectional characteristics protected under title VII 
of the Civil Rights Act of 1964, the Americans with 
Disabilities Act of 1990, or the Rehabilitation Act of 1973.
                              ----------                              


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


  At the end, add the following:

SEC. 5. STUDY AND REPORT TO CONGRESS.

  Not later than 1 year after the date of the enactment of this 
Act, the Secretary of Labor and the Equal Employment 
Opportunity Commission shall jointly conduct a study to 
determine the number of claims pending or filed, in addition to 
cases closed, by women who may have been adversely impacted by 
age discrimination as a motivating factor in workplace 
discrimination or employment termination. The Secretary of 
Labor and Chairman of the Commission shall jointly submit to 
the Congress, and make available to the public, a report that 
contains the results of the study, including recommendations 
for best practices to prevent and to combat gender and age 
discrimination as it relates to women in the workplace.
                              ----------                              


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


  Page 1, beginning on line 14, strike ``or an activity 
protected by subsection (d)''.
  Page 2, beginning on line 2, strike ``, including under 
paragraph (1) or by any other method of proof'' and inserting 
``with respect to subsections (a), (b), (c), (e), and (f) of 
section 623''.
  Page 4, line 2, insert ``discriminatory'' after 
``involving''.
  Page 4, strike line 4 and all that follows through line 24 
(and make such technical and conforming changes as may be 
appropriate).

  Page 5, beginning on line 17, strike ``or an activity 
protected by subsection (a) or (b) of section 503''.
  Page 6, beginning on line 5, strike ``or an activity 
protected by subsection (a) or (b) of section 503''.
  Page 6, strike lines 8 through 18 (and make such technical 
and conforming changes as may be appropriate).

                                  
                                  
                                  [all]