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116th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      116-377

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1230) 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 JOINT RESOLUTION (H.J. RES. 76) PROVIDING FOR CONGRESSIONAL 
DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE 
SUBMITTED BY THE DEPARTMENT OF EDUCATION RELATING TO ``BORROWER DEFENSE 
 INSTITUTIONAL ACCOUNTABILITY''; AND PROVIDING FOR PROCEEDINGS DURING 
       THE PERIOD FROM JANUARY 17, 2020, THROUGH JANUARY 24, 2020

                                _______
                                

  January 13, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 790]

    The Committee on Rules, having had under consideration 
House Resolution 790, 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. 1230, the 
Protecting Older Workers Against Discrimination Act, under a 
structured rule. The resolution provides one hour of debate on 
the bill 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 provides that the 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 116-46 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 makes in order only those 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in the report, may be offered 
only by a Member designated in the report, shall be considered 
as read, shall be debatable for the time specified in the 
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. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions. The resolution provides 
for consideration of H.J. Res. 76, providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the Department of Education relating to 
``Borrower Defense Institutional Accountability'', under a 
closed rule. The resolution provides one hour of debate on the 
joint resolution 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 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 for one motion to 
recommit. Section 3 of the resolution provides that on any 
legislative day during the period from January 17, 2020, 
through January 24, 2020: the Journal of the proceedings of the 
previous day shall be considered as approved; and the Chair may 
at any time declare the House adjourned to meet at a date and 
time to be announced by the Chair in declaring the adjournment. 
The resolution provides that the Speaker may appoint Members to 
perform the duties of the Chair for the duration of the period 
addressed by section 3 of the resolution as though under clause 
8(a) of rule I. The resolution provides that each day during 
the period addressed by section 3 shall not constitute a 
legislative day for the purposes of clause 7 of rule XV 
(Consensus Calendar).

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1230, 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. 1230, 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 
the amendments to H.R. 1230 printed in this report, 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.J. Res. 76 includes waivers of the following:
     Section 103(i) of H. Res. 6, which prohibits 
consideration of an unreported bill pursuant to a rule.
     Clause 10 of rule XXI, which prohibits 
consideration of a measure that has a net effect of increasing 
the deficit or reducing the surplus over the five- or 10-year 
period.
     Section 302(f) of the Congressional Budget Act, 
which prohibits consideration of legislation providing new 
budget authority in excess of a 302(a) or 302(b) allocation of 
such authority.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 76, 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. 231

    Motion by Mr. Cole to report an open rule for H.R. 1230. 
Defeated: 3-7

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

Rules Committee record vote No. 232

    Motion by Mr. Woodall to amend the rule to H.R. 1230 to 
make in order amendment #3, offered by Rep. Foxx (NC), which 
strikes provision allowing mixed-motive claims in Title VII of 
the Civil Rights Act of 1964 retaliation cases. Defeated: 3-7

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

Rules Committee record vote No. 233

    Motion by Mr. Burgess to provide for consideration of H. 
Res. 783, honoring the members of the military and intelligence 
community who carried out the mission that killed Qasem 
Soleimani, and for other purposes, under an open rule. 
Defeated: 3-8

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

Rules Committee record vote No. 234

    Motion by Mr. DeSaulnier to report the rule. Adopted: 8-3

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

          SUMMARY OF THE AMENDMENTS TO H.R. 1230 MADE IN ORDER

    1. DeSaulnier (CA), Davis, Rodney (IL): Requires a GAO 
report on the Equal Employment Opportunity Commission's (EEOC) 
ability to meet the demands of its workload; its plans for 
investigating mixed motive age discrimination claims; and 
options for improving EEOC's ability to respond to allegations 
of age discrimination. (10 minutes)
    2. Davis, Rodney (IL), Pingree (ME), Stefanik (NY), Stevens 
(MI), Gonzalez-Colon, Jenniffer (PR), Trone (MD), Stauber (MN), 
Kaptur (OH), Hurd (TX), Smith, Christopher (NJ), Bost (IL), 
DeSaulnier (CA), Spanberger (VA), McCollum (MN): To require the 
Secretary of the Department of Labor and the Chair of the Equal 
Opportunity Employment 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)
    3. Allen (GA): Requires GAO study on age discrimination and 
Title VII of the Civil Rights Act of 1964 retaliation charges 
and cases, and conditions the bill taking effect on the results 
of the study. (10 minutes)
    4. Brown (MD): Requires the Equal Employment Opportunity 
Commission to submit yearly reports for 5-years to Congress on 
the number of age discrimination claims brought under this Act. 
(10 minutes)
    5. Tlaib (MI): Requires within 5 years the US Commission on 
Civil Rights to submit a report containing an analysis of the 
status of Federal mixed motive age discrimination in employment 
claims made against Federal agencies. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 1230 MADE IN ORDER

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

  At the end, add the following:

SEC. 5. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

  Not later than 2 years after the date of the enactment of 
this Act, the Government Accountability Office shall submit to 
the Congress a report analyzing how the Equal Employment 
Opportunity Commission investigates mixed motive age 
discrimination claims arising under the Acts amended by this 
Act, focusing on--
          (1) the ability of the Commission to meet the demands 
        of its workload under such Acts;
          (2) the plans of the Commission for investigating 
        systemic age discrimination in violation of such Acts;
          (3) the plans of the Commission for litigation under 
        such Acts; and
          (4) the options for improving the ability of the 
        Commission to respond to allegations of age 
        discrimination in violation of such Acts.
                              ----------                              


 2. 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 Opportunity 
Employment 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.
                              ----------                              


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

  Page 8, beginning on line 3, strike ``date of enactment'' and 
insert ``effective date''.
  Add the following at the end:

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 retaliation 
        charges with the Equal Employment Opportunity 
        Commission,
          (2) such decisions have discouraged individuals from 
        filing age discrimination cases and title VII cases, 
        and
          (3) the success rates of age discrimination cases and 
        title VII 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.
                              ----------                              


 4. 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.

  For the 5-year period beginning on the date of the enactment 
of this Act, 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.
                              ----------                              


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

  At the end, add the following:

SEC. 5. REPORT BY THE UNITED STATES COMMISSION ON CIVIL RIGHTS.

  (a) Report.--With funds appropriated in advance to carry out 
this section, and consistent with the operational and 
procedural requirements of the United States Commission on 
Civil Rights, the Commission shall submit to the appropriate 
committees of the Congress a report containing an analysis of 
the status of Federal mixed motive age discrimination in 
employment claims made against Federal agencies, including--
          (1) the number of such claims, specified by the 
        Federal agency against which such claims are made; and
          (2) other related information the Commission 
        determines to be appropriate.
  (b) Submission of Report.--The report required by subsection 
(a) shall be submitted not later that 5 years after the date of 
the enactment of this Act.

                                  [all]