89–008 

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 

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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, ofVerDate Sep 11 2014 04:19 Mar 26, 2019 Jkt 089008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR019.XXX HR019
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fered 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 

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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)— 

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‘‘(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 parttime 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.’’. 

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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: 

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(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. 

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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)’’. 

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