H2848 CONGRESSIONAL RECORD — HOUSE March 27, 2019 cleared by the bipartisan floor and The CHAIR. Pursuant to the rule, the Madam Chair, I reserve the balance committee leaderships. bill is considered read the first time. of my time. PARLIAMENTARY INQUIRIES The gentleman from Virginia (Mr. Ms. FOXX of North Carolina. Madam Mr. GOODEN. Madam Speaker, par- SCOTT) and the gentlewoman from Chair, I yield myself such time as I liamentary inquiry. North Carolina (Ms. FOXX) each will may consume. The SPEAKER pro tempore. The gen- control 30 minutes. Madam Chair, my friend, the chair- tleman will state his parliamentary in- The Chair recognizes the gentleman man, is a diligent and thoughtful col- quiry. from Virginia. league, and I believe his heart is in the Mr. GOODEN. Madam Speaker, it is Mr. SCOTT of Virginia. Madam right place. my understanding that the Republican Chair, I yield myself such time as I Everyone in this House is in agree- Conference is in full agreement. Is the may consume. ment that pay discrimination on the Democratic conference not onboard Madam Chair, I thank the gentle- basis of sex is wrong, no matter how with saving lives? woman from Connecticut for her dec- you look at it. The law is very clear The SPEAKER pro tempore. As indi- ades of leadership fighting for working about this. But this bill doesn’t do any- cated, a unanimous consent request for women. thing to help working women. This is a In 1963, the Equal Pay Act codified the consideration of that measure bill for trial lawyers, plain and simple. the right to ‘‘equal pay for equal work would have to have received clearance That is what shows a fundamental dif- regardless of sex.’’ In fact, the Equal ahead of time by the majority and mi- ference in outlook and principle. Pay Act was enacted 1 year prior to the nority floor and committee leader- Democrats want women to sue their Civil Rights Act of 1964 that, for the ships. bosses; Republicans want women to be- first time, provided for the enforce- The Chair is unaware of such clear- come the bosses. ment of antidiscrimination laws. Over ance; therefore, the Chair cannot en- Republicans have favored strong eco- the past 55 years, the Equal Pay Act, in tertain the request at this time. nomic policies that will empower and combination with title VII of the Civil Mr. GOODEN. Madam Speaker, par- enable women to keep driving the Rights Act, has produced substantial liamentary inquiry. economy forward and build the lives progress toward addressing inequities The SPEAKER pro tempore. The gen- they want for themselves. Instead of for women in the workplace. tleman will state his parliamentary in- looking for ways to line the pockets of Yet, loopholes and insufficient en- quiry. trial lawyers, we stand with working forcement have allowed gender-based Mr. GOODEN. Madam Speaker, I women. wage discrimination to persist. Today, would ask that we schedule a vote im- I am proud, Madam Chair, to yield 5 women earn, on average, 80 cents on mediately. The Republican Conference minutes to the gentlewoman from Wy- the dollar compared to White men in HENEY), one of the hardest is fully onboard, and I would encourage oming (Ms. C similar jobs. The wage gap is even working women I know. the Democrats to join us in protecting worse for women of color. It exists in Ms. CHENEY. Madam Chair, I would the infant lives that are born. every sector, regardless of education, like to start by thanking my dear The SPEAKER pro tempore. The gen- experience, occupation, industry, or job friend and colleague, Ms. FOXX, the Re- tleman is not stating a proper par- title. publican leader of the House Education liamentary inquiry. The gentleman is Drawn out over a lifetime, the per- and Labor Committee, for her tremen- not recognized. sistent wage gap could cost a woman dous work and leadership on behalf of f anywhere from $400,000 to $2 million. all American women and families. For many, this is the difference be- PAYCHECK FAIRNESS ACT Madam Chair, I rise today in strong tween financial stability and poverty. opposition to H.R. 7, the so-called Pay- GENERAL LEAVE In fact, we know that achieving pay eq- check Fairness Act. This should be Mr. SCOTT of Virginia. Madam uity would actually cut the poverty called the ‘‘Pay the Trial Lawyers Speaker, I ask unanimous consent that rate for working women more than 50 Act.’’ all Members may have 5 legislative percent. Madam Chair, my State of Wyoming days in which to revise and extend That is why we are considering this launched the fight for women’s equal- their remarks and insert extraneous historic legislation today. After dec- ity and rights when we became the material on H.R. 7, the Paycheck Fair- ades of failing to address persistent first jurisdiction in the world to grant ness Act. wage inequity, the Paycheck Fairness women the right to vote 150 years ago. The SPEAKER pro tempore. Is there Act is our opportunity to strengthen Here in this Chamber, 100 years ago, objection to the request of the gen- the Equal Pay Act, bolster the rights the House agreed that women should tleman from Virginia? of working women, lift families out of have the right to vote on a national There was no objection. poverty, and, finally, align our rem- basis. Leaders of the women’s suffrage The SPEAKER pro tempore. Pursu- edies for gender discrimination with movement were fighting on behalf of ant to House Resolution 252 and rule other established antidiscrimination women’s rights. They were not fighting XVIII, the Chair declares the House in laws by eliminating caps on damages to provide greater payouts to trial law- the Committee of the Whole House on when employers act with malice or yers. We should honor those women, the state of the Union for the consider- reckless indifference, consistent with and the generations of women who ation of the bill, H.R. 7. the laws governing discrimination came after them, by defeating this The Chair appoints the gentlewoman based on race or national origin, treat- sham bill. from the District of Columbia (Ms. ing attorney fees consistent with title The bill my Democratic colleagues NORTON) to preside over the Committee VII of the Civil Rights Act, and re- have put on the floor today offers no of the Whole. stricting an employer’s inquiry and re- new protections for women in the liance on a prospective employee’s pre- workplace. It paints job creators, many b 1345 vious salary. This is consistent with of whom in the Trump economy are in- IN THE COMMITTEE OF THE WHOLE the Americans with Disabilities Act, creasingly women, as evil. Republicans Accordingly, the House resolved the Genetic Information Non- know that economic policies that gen- itself into the Committee of the Whole discrimination Act, and similar re- erate growth, create jobs, and increase House on the state of the Union for the strictions regarding an applicant’s wages benefit women and men. Our consideration of the bill (H.R. 7) to marital or pregnancy status. policies empower women and facilitate amend the Fair Labor Standards Act of As chair of the House Committee on the success of women-owned busi- 1938 to provide more effective remedies Education and Labor, I urge my col- nesses, which account for roughly 9 to victims of discrimination in the leagues to join me in casting a vote for million jobs and $1.7 trillion in rev- payment of wages on the basis of sex, final passage of the Paycheck Fairness enue. and for other purposes, with Ms. NOR- Act and making equal pay for equal Madam Chair, today’s bill is just the TON in the chair. work a reality for working women latest example of the misguided and The Clerk read the title of the bill. across this country. damaging policies Democrats in this

VerDate Sep 11 2014 03:22 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.035 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2849 body are attempting to pursue. They full restitution or provide bad-acting Fairness Act; it should be called the claim to be ‘‘for the people,’’ but in the companies a meaningful deterrent. pay the trial lawyers act. nearly 3 months that they have been in Paycheck fairness puts gender-based If there exists residual bias and dis- charge, they have embraced socialism; discrimination sanctions on equal foot- crimination against women in the they have enabled anti-Semitism; they ing with other forms of wage discrimi- workplace, it is wrong, and it needs to have passed legislation that violates nation by allowing women to sue for end. Since 1963, equal pay for equal the First Amendment and the Second compensatory and punitive damages. It work has been the law of the land Amendment; and they have repeatedly better protects employees from being under the Equal Pay Act. refused to take steps necessary to pro- fired for sharing their salary with co- Let me say that again. Since 1963, tect the lives of babies after those ba- workers. It establishes a grant program equal pay for equal work has been the bies are born. to provide salary negotiation training law of the land. It is currently illegal Now, Madam Chair, they are telling for girls and for women. It ensures that for employers to pay different wages us they are fighting for women when employers are not reliant on wage his- based on gender, and as the bill sponsor really they are simply fighting for trial tory when they hire an employee. just said, there are currently mecha- lawyers. We have seen this movie be- Over 60 years ago, after Republican nisms to address any wrongs that may fore. The Democrats are not really for President Dwight Eisenhower called for be there. the people. They are for the govern- equal pay legislation during his 1956 While I appreciate the sentiment of ment and for the special interest State of the Union Address on the floor the bill before us, I cannot support its groups that support them. The Amer- of this House, and more than 55 years flawed approach. The pay the trial law- ican people know better, and we de- after President Kennedy signed the yers act does not build on the Equal serve better. Equal Pay Act, pay discrimination is Pay Act. It does not offer women new Madam Chair, I urge a ‘‘no’’ vote on very much still a reality in our coun- protections against discrimination in this bill, and I call on my Democratic try. In 2017, there were almost 26,000 colleagues to come together with us, to the workplace. Instead, it encourages charges of unlawful, sex-based pay dis- lawsuits against employers by offering work with us, so that we can actually crimination filed with the U.S. Equal make real progress for America’s the prospect of unlimited monetary Employment Opportunity Commission damages. women and their families. and 996 Equal Pay Act charges. Mr. SCOTT of Virginia. Madam The pay the trial lawyers act also The CHAIR. The time of the gentle- Chair, I yield 3 minutes to the gentle- creates an impossibly high burden of woman has expired. woman from Connecticut (Ms. proof for job creators defending them- Mr. SCOTT of Virginia. Madam DELAURO), the sponsor of the bill. selves in lawsuits. Chair, I yield an additional 1 minute to Ms. DELAURO. Madam Chair, I rise Furthermore, the pay the trial law- in support of H.R. 7, the Paycheck the gentlewoman from Connecticut. yers act handicaps job creators, includ- Fairness Act. Ms. DELAURO. Women continue to ing women-owned businesses, by adding It is a historic day on the House of earn 20 percent less than men, on aver- onerous compensation reporting re- Representatives floor, and we are going age, according to Census data. Women quirements. The Federal bureaucracy to pass paycheck fairness, equal pay earn less regardless of the choices they will heap yet another burden on hard- for equal work, in this United States of make in their career or education. working Americans if this passes. America. Across industries, whether you are a fi- So, Madam Chair, the pay the trial Madam Chair, I thank the chairman nancial manager, a registered nurse, a lawyers act does not build on the Equal of the Education and Labor Committee schoolteacher, or an executive, a pay Pay Act’s success. Instead, it encour- for getting this bill through the com- gap exists between men and women. ages lawsuits, hurts job creators, and mittee and onto the floor today. We Ten years ago, we passed the Lilly empowers lawyers. Sadly, it also have waited 8 years to be able to vote Ledbetter Fair Pay Act. It reopened misses an opportunity to truly help on this issue. the courtroom door but did not address women. The United States Congress has a the underlying issue at hand today. For these reasons, I urge my col- rich history of making a difference in We have an opportunity to pass the leagues to join me in opposing this the lives of the American people: So- Paycheck Fairness Act. It is a matter deeply flawed bill. cial Security, the Fair Labor Stand- of right and wrong. Discrimination is Mr. SCOTT of Virginia. Madam ards Act, the GI Bill, Medicare, and the unacceptable, and we are all dimin- Chair, I yield 1 minute to the gentle- Affordable Care Act, to name but a few. ished when we fall short. woman from California (Ms. PELOSI), Today, we can make a difference for President Kennedy said, when he the Speaker of the House of Represent- working women and their families. signed the Equal Pay Act, that this atives. Today, we can address the biggest eco- would ‘‘add to our laws another struc- Ms. PELOSI. Madam Chair, I thank nomic challenge of our time, that ture basic to democracy’’ and ‘‘affirm the gentleman for yielding. I thank Americans are in jobs that do not pay our determination that when women him also for his extraordinary leader- them enough to live on. We can address enter the labor force, they will find ship in matters that relate to the edu- their economic struggle. And, yes, this equality in their pay envelope.’’ cation of the American people, employ- is a bill that the majority is passing We can do this today on the floor of ment preparedness, fairness in our today to address that economic need this House. I urge my colleagues on workforce, and, of course, today. for families. both sides of the aisle to vote for the I cannot tell you how difficult it has Paycheck Fairness Act and make sure Madam Chair, I thank the chairman been to break through on something so that we guarantee equal pay for equal for giving us this opportunity on this simple: Men and women in the same work. day of the House of Representatives. job deserve the same pay. But now, the This is a day that God has made. Let us b 1400 issue and the environment have col- rejoice and be glad. And let us make lided. Equal pay is at the center of our Ms. FOXX of North Carolina. Madam the most of it in a very joyous way. It public discourse, and paycheck fairness Chair, I yield 2 minutes to the gentle- is a day of celebration. is ready for passage today. woman from Missouri (Mrs. HARTZLER), Madam Chair, the gentleman, BOBBY A bipartisan bill supported by every my distinguished colleague. SCOTT, has been a supporter of this ini- member of the Democratic Caucus, the Mrs. HARTZLER. Madam Chair, tiative for a long time, and I thank Paycheck Fairness Act toughens rem- today I rise in opposition to H.R. 7. It him for making today possible. edies in the Equal Pay Act of 1963 to is a deeply flawed bill that offers false And it happens on a day when we are give America’s working women the op- promises while empowering lawyers honored to have, in the Speaker’s portunity to fight wage discrimination and bureaucracy, not empowering chair, Congresswoman ELEANOR and to receive the paycheck that they women. HOLMES NORTON, a champion to end have earned. In fact, I agree with my colleague discrimination in every way in our Under existing law, damages are too from Wyoming who said a minute ago country, including discrimination in insubstantial to provide women with it should not be called the Paycheck the paycheck.

VerDate Sep 11 2014 03:22 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.037 H27MRPT1 H2850 CONGRESSIONAL RECORD — HOUSE March 27, 2019 Madam Chair, today I rise in support symbolizes when a woman’s wages because we know that, in our economy of the Paycheck Fairness Act. It reaf- catch up to a man’s earnings from the and in our country, when women suc- firms our Nation’s sacred promise that previous year. In other words, the first ceed, America succeeds. equal pay deserves equal work. 3 months of the year, most women are I, therefore, urge a bipartisan vote I do so in saluting Congresswoman working for free compared to what a for this legislation for women to suc- ROSA DELAURO, Madam Chair, the man will make in the overall year. ceed and to have equality in our soci- guardian angel of this legislation and So April 2 is that day. By then, we ety as they have equality in their pay- the godmother of so many initiatives will have already been celebrating for a checks. in this House to support progress for few days. Ms. FOXX of North Carolina. Madam America’s working families. We pass this legislation during Wom- Chair, I yield 5 minutes to the distin- The ability to balance work, to bal- en’s History Month as we serve with a guished gentleman from Alabama (Mr. ance work and home is a challenge that woman Speaker of the House and with BYRNE). many families face, men and women more than 100 women in the same Con- Mr. BYRNE. Madam Chair, I thank alike, but ROSA DELAURO has been a gress, as I said before, marking 100 my colleague for yielding. constant champion for America’s work- years since women won the right to I believe all my colleagues can agree ing families. vote. that women deserve equal pay for equal While we are talking today about So this is about respect. It is about work. However, the bill considered equality in the paycheck, she has also respect, my colleagues on both sides of today takes the wrong approach to en- been a champion for paid sick leave the aisle, respect for women and the sure that current equal protections, and affordable childcare. The list goes work that they do. And if they do equal protections that have been in place on and on. Madam Chair, I thank the work, why wouldn’t they get equal since 1963, are reaffirmed and fortified. gentlewoman—guardian angel, god- pay? This bill offers no new protections for mother—for making today possible. Would you, my colleague, like to get women in the workforce. Instead, it I am very excited about this. It is less than your colleagues on the Re- makes it more difficult for employers historic. It should happen at a time publican side of the aisle? and employees to have an open and in- when we have over 100 women serving Would you, any of my colleagues on formative discussion about hiring and in the House of Representatives, and it this side of the aisle, like to work for other employment decisions. should happen in the same Congress less than our male counterparts? Perhaps worst of all, it is designed in that we will also observe the 100th an- Well, why should women and the rest a way that helps increase the bottom niversary of the passing of the amend- of the workforce then be subjected to line for lawyers. That is right. The ment to have women have the right to that discrimination? only paychecks that this legislation vote. Paycheck fairness is about respect. It will increase are paychecks for law- It is all very historic. It is all about is about justice for women, finally clos- yers. progress, and that progress on this bill ing the wage gap that robs women of It is unfair to women; it is unfair to began in this Congress 2 months ago. more than $400,000 over the course of the workforce; and it is unfair to busi- House Democrats stood with Lilly their working lives. And for women of nesses. Ledbetter on the 10th anniversary of color, it is even a bigger difference. It may come as a surprise to many President Obama signing the Lilly And this not only has an impact on people that the so-called Paycheck Ledbetter Act, exactly 10 years ago, their pay, it has an impact on their Fairness Act offers no new protections signing that Fair Pay bill into law. pensions and on their retirement. So against pay discrimination. It was a magnificent achievement, it, this is very, very important. Let me repeat that. The legislation too, being led by George Miller, the This legislation advances progress for being debated today offers no new pro- chair of the committee Mr. SCOTT now families because it is about equal pay tections against pay discrimination. chairs. ROSA DELAURO, of course, for women. It is about how that equal- Instead, it imposes a one-size-fits-all played a hand in that. ity of paycheck affects their families, mandate to one of the most varied and The gentlewoman from Connecticut ensuring that women can earn the complex workforces in the world. (Ms. DELAURO) then introduced the wages they have earned so they can Rather than allowing for informal equal pay bill, and then we passed it in pay for their family’s everyday needs, discussions, the Paycheck Fairness Act the House. It didn’t pass the Senate—60 such as rent, groceries, childcare, strictly limits communications be- votes needed in the Senate—but she healthcare—the list goes on. tween employers and employees on key has persisted, and we are fortunate for Two-thirds of moms are either the hiring decisions. Under this bill, the that. primary breadwinners or co-bread- burden is laid on the backs of employ- We are grateful to her and to Lilly winners in their households in our ers, and the lack of clarity for employ- Ledbetter and the groups, so many out- country. This legislation strengthens ees is simply unworkable. side groups that have worked so hard America, unleashing the full power of I don’t see how limiting the discus- to mobilize and make this difference— women in our economy and upholding sion between employers and employees, some of them include the American As- the value of fairness. particularly on hiring decisions, is sociation of University Women, the Na- Do you believe in fairness in our de- going to help anybody; and I certainly tional Women’s Law Center, National mocracy? don’t see how opening the gates to lim- Partnership for Women and Families, When President Kennedy signed the itless, frivolous lawsuits is going to National Organization for Women, Na- Equal Pay Act into law in 1963, he cele- help anybody. tional Committee for Pay Equity, brated equal pay as a ‘‘structure basic It should be noted, the Lilly MomsRising, UltraViolet, Center for to democracy’’—equal pay, a structure Ledbetter Pay Act that the Speaker Law and Social Policy, the Leadership basic to democracy—enlarging the just alluded to was signed 10 years ago Conference on Civil and Human Rights, issue to our great democracy. with the promise that it would allevi- NAACP, League of Women Voters, U.S. We are proud to take this step to ate pay discrimination in the work- Women’s Chamber of Commerce, the fully and finally secure the paycheck place. Yet, if you look at pay discrimi- list goes on and on, the Anti-Defama- fairness that is fundamental to our de- nation charges filed with the Equal tion League, the American Psycho- mocracy because it will implement the Employment Opportunity Commission, logical Association, and many more— Equal Pay Act, make it enforceable. they have remained steady each year because that outside mobilization will Yet, securing paycheck fairness is since 1997, both before and after the be important in passing this legislation only the first step that House Demo- Lilly Ledbetter Fair Pay Act became and turning it into law, into an im- crats will take. We will continue to law. I am hearing that same kind of provement in the lives of America’s unlock the full economic power of overpromising when it comes to H.R. 7. working families. women in our workplace with paid sick In an effort to improve the bill and Now we are proud to pass this bill be- leave, led by Congresswoman DELAURO, ensure the damages actually go to the fore Equal Pay Day, which is on April affordable childcare, led by Congress- women impacted instead of lawyers, I 2, next week—April Pay Day, which woman DELAURO, as well as a fair wage offered an amendment that would cap

VerDate Sep 11 2014 03:22 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.038 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2851 attorney’s fees for any judgment to 20 the Civil Rights Act of 1964, and more retirement. By strengthening the law percent of the judgment. Sadly, this recently, the Lilly Ledbetter Fair Pay against pay discrimination, H.R. 7 would commonsense amendment was blocked Act, we have made some progress in re- help address women’s lower pay and lower incomes in retirement. by the Rules Committee. ducing inequities for women in the In addition, AARP supports the Paycheck Why don’t my colleagues want to workplace. But, unfortunately, loop- Fairness Act’s provision on salary history. join me in ensuring that money actu- holes and insufficient enforcement While asking about a job applicant’s prior ally gets to victims of pay discrimina- tools have allowed wage discrimination salary history has long been recognized as a tion instead of simply padding the wal- to persist. barrier to equal pay it has also proven to be lets of lawyers? For example, a lack of easily acces- a barrier to employment for older workers. A It is a real shame this amendment sible data on hiring and wages has majority (56 percent) of all older workers age 50 plus have been prematurely pushed out of was not made in order. I think we can made it difficult to detect, let alone longtime jobs before they choose to retire. all agree that the idea of discrimina- prevent, wage discrimination. And even Once displaced, older workers have great dif- tion against someone based on sex is when wage discrimination is discov- ficulty finding reemployment, and most are absolutely unacceptable, and it is in- ered, working women face significant unable to find a job with wages comparable consistent with the values we hold as barriers to fulfilling the heavy burden to the job they lost. It is quite common for Americans. of proof for holding discriminating em- prospective employers to use a prior higher This issue is not partisan. In 1944, Re- ployers accountable. salary level to disqualify an older applicant publican Congresswoman Winifred Last month, I was honored to chair from consideration because they simply as- sume that the worker will require the same Stanley introduced a precursor to the the hearing on persistent, gender-based wage. However, there are many reasons why Equal Pay Act, which, since passing wage discrimination. We heard wit- an older worker might be willing to accept a years later, has been the law of the nesses describe the barriers to detect- lower salary, including better benefits or land for the past 55 years. ing wage discrimination and holding work hours; a more desirable job/firm; a ca- The Equal Pay Act of 1963 specifi- employers accountable. But most im- reer change; or simply desperation to find a cally made it illegal to pay different portantly, we heard how the Paycheck new job. In these cases, the ability of the em- wages to employees of the opposite sex Fairness Act will provide workers with ployer to ask about and rely on salary his- for equal work. In addition, title 7 of the tools they need to help close the tory in considering an older applicant often results in age discrimination in hiring. the Civil Rights Act made it illegal for gender pay gap and achieve wage equal- In conclusion, H.R. 7 will help prevent one employers to discriminate on the basis ity. of the age-related assumptions that hinder of race, color, national origin, religion, Several States have already acted to equal opportunity for older workers, as well and sex. address pay inequities, including bipar- as enhance retirement income security for Yet, as I said before, despite these tisan efforts in my home State of Or- women. For these reasons, we urge support protections on the books, there are bad egon. It is time for Congress to step up for the Paycheck Fairness Act. actors who continue to practice pay and address persistent wage discrimi- Sincerely, discrimination. Based on laws existing NANCY A. LEAMOND, nation nationwide. Executive Vice President and Chief Advocacy for decades, it is unacceptable, and we By passing the Paycheck Fairness & Engagement Officer. must hold these bad actors account- Act, we have the opportunity to end Ms. BONAMICI. Madam Chair, I also able. discriminatory pay practices that con- include in the RECORD a letter from the Unfortunately, the Paycheck Fair- tribute to keeping women and families AAUW in support of the Paycheck ness Act, as written, fails to improve in poverty. We have the opportunity to Fairness Act. employment protections. finally make equal pay for equal work AAUW, b 1415 a reality. March 25, 2019. Madam Chair, I include in the We have a responsibility to the DEAR REPRESENTATIVE: On behalf of the RECORD a letter from AARP outlining more than 170,000 members and supporters of American people to craft strong poli- support for the Paycheck Fairness Act the American Association of University cies that support women in the work- because the bill will strengthen finan- Women (AAUW), I urge you to vote in sup- place, not merely offer weak lip service cial security for women while in the port of the Paycheck Fairness Act (H.R. 7) that, in fact, cripples employers and workforce, and later enhance retire- and to oppose harmful amendments when the bill comes to the House floor as soon as this employees alike. ment income security. I ask my colleagues to join me in op- week. Despite federal and state equal pay AARP, laws, gender pay gaps persist. The Paycheck posing this phony bill, and, instead, Washington, DC, March 26, 2019. let’s work together in a bipartisan way Fairness Act offers a much needed update to Hon. NANCY PELOSI, the Equal Pay Act of 1963 by providing new to actually ensure women continue to Speaker, House of Representatives, tools to battle these pervasive pay gaps and thrive in the workforce. Washington, DC. to challenge discrimination. Mr. SCOTT of Virginia. Madam Hon. KEVIN MCCARTHY, In January, we celebrated the 10th anni- Chair, I yield 3 minutes to the gentle- Republican Leader, House of Representatives, versary of the Lilly Ledbetter Fair Pay Act. woman from Oregon (Ms. BONAMICI). Washington, DC. This vital law rectified the Supreme Court’s Ms. BONAMICI. Madam Chair, today DEAR SPEAKER PELOSI AND LEADER MCCAR- harmful decision in Ledbetter v. Goodyear women make up nearly half of our THY: On behalf of our 38 million members and Tire & Rubber Company. The law helps to all Americans age 50 and older, AARP is ensure that individuals subjected to unlawful workforce. Sixty-four percent of moth- writing to express our support for the Pay- compensation discrimination are able to ers in the United States work outside check Fairness Act (H.R. 7). This bill would bring a case of ongoing pay discrimination the home. Many are the sole family strengthen financial security for women regardless of when it began. Despite the im- wage earner. Their wages pay for rent, both while in the workforce and later in re- portance of the Lilly Ledbetter Fair Pay for groceries, for childcare, for tirement, and it would provide an important Act, this law’s enactment only restored dec- healthcare. But even though it is 2019, protection for all workers against age dis- ades of prior law—it did not give women new too often, equal pay for equal work is crimination in hiring. tools to receive equal pay for equal work. not a reality. Pay discrimination against women jeop- There is no more fitting way to mark this ardizes their financial security, both while historic milestone than making real, con- On average, White women earn 80 working and in retirement. The roughly 20 crete progress in ensuring all women receive cents on the dollar compared with percent pay gap between women and men fair pay. While the gap has narrowed since White men in substantially equal jobs. who work full-time, year-round means wom- passage of the Equal Pay Act of 1963, The wage gap is even more pronounced en’s median earnings are more than $10,000 a progress has largely stalled in recent years. for women of color in nearly every line year less than men’s, with an even bigger Data from the U.S. Census Bureau once of work, regardless of education, expe- shortfall for women of color. Because all ele- again revealed that women working full- rience, occupation, industry, or job ments of retirement income—Social Secu- time, year-round are typically paid only 80 title. rity, pensions, and savings—are based on cents for every dollar paid to men. The pay one’s earnings while in the workforce, lower gaps have grown even wider for women of This has severe and long-term con- earnings during women’s work lives follow color. African American women and Latinas sequences for the lives of working them into retirement. As a result, women make, respectively, 61 and 53 cents on the women, families, and for our economy. age 65 and older are 80 percent more likely dollar as compared to non-Hispanic, white With the Equal Pay Act, title VII of than men to live below the poverty level in men. The overall pay gap has only decreased

VerDate Sep 11 2014 03:22 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.040 H27MRPT1 H2852 CONGRESSIONAL RECORD — HOUSE March 27, 2019 by a nickel during the 21st century and, un- Fairness Act and opposing harmful amend- Wage Equity Act with over 40 of my less action is taken, the pay gap between ments when the bill comes to the House floor colleagues, which offers a stark con- men’s and women’s earnings will not close for a vote as soon as this week. trast to the partisan approach laid out until 2106. We urge you to stand with women and fam- in H.R. 7. We looked to innovation in Research indicates that the gender pay gap ilies and vote yes on the Paycheck Fairness develops very early in women’s careers. Con- Act (H.R. 7). Cosponsorship and votes associ- the States to find consensus, bipartisan trolling for factors known to affect earnings, ated with this bill and amendments may be policies that were supported by both such as education and training, marital sta- scored in the AAUW Action Fund Congres- Republicans and Democrats, and signed tus, and hours worked, research finds that sional Voting Record for the 116th Congress. by Republican Governors, proof that college-educated women still earn 7 percent Sincerely, equal pay for equal work is not a par- less than men just one year out of college. DEBORAH J. VAGINS, tisan issue, and that Republicans are, Over time, the gap compounds and widens, Senior Vice President, Public Policy and indeed, leading the way on women’s impacting women’s social security and re- Research. economic opportunity. tirement. Ms. BONAMICI. Madam Chair, today, Ensuring that women have equal pay The Wage Equity Act is reflective of would have a dramatic impact on families we have this opportunity. Let’s pass the modern workforce and supports the and the economy. Many companies have al- the Paycheck Fairness Act and make empowerment of women in today’s ready recognized the benefits and the power equal pay for equal work a reality. economy. Specifically, my legislation of women’s increased economic participa- Ms. FOXX of North Carolina. Madam allows employees to negotiate vol- tion, and that is why business groups like Chair, I yield 5 minutes to the distin- untary, flexible work arrangements. the U.S. Women’s Chamber of Commerce and guished gentlewoman from New York These dynamic compensation models Main Street Alliance have endorsed the Pay- (Ms. STEFANIK). empower the individual to seek the check Fairness Act. According to a 2017 re- Ms. STEFANIK. Madam Chair, I port from Institute for Women’s Policy Re- work arrangement that works best in search (IWPR), the poverty rate for all work- thank my good friend, Ranking Mem- their own life and for their own family. ing women would be cut in half, falling from ber FOXX. America’s businesses, in particular 8.0 percent to 3.8 percent, if women were paid Madam Chair, there are nearly 75 our small businesses, which are the the same as comparable men. The same million women working in the United backbone of our economy, they seek to study by IWPR indicates that the U.S. econ- States, the most in our Nation’s his- do right by their employees. In rec- omy would have produced an additional tory. Thanks to our strong economy, ognition of this, the Wage Equity Act $512.6 billion in income if women had re- nearly 3 million jobs were created in creates a self-audit system for vol- ceived equal pay for equal work. This is why the last year, and of those jobs, 58 per- I urge you to pass this important bill. untary pay analysis by businesses. The Paycheck Fairness Act would update cent went to women. Under our proposal, a business could and strengthen the Equal Pay Act of 1963 to Women are graduating from college and should undergo a pay analysis to ensure that it provides effective protection at a higher rate than their male coun- proactively rectify pay disparity against sex-based pay discrimination in to- terparts and are increasingly their should it exist. By creating this envi- day’s workplace. family’s primary breadwinner. Despite ronment of consistent self-reflection, The bill takes several important steps, in- all of these positive economic indica- we can further empower businesses to cluding: tors, there remains evidence that in Ensuring Non-Retaliation: The bill pro- do what they already seek to do, doing hibits retaliation against workers for dis- some cases women do not earn the right not only for their employees, but cussing or disclosing wages. Without the same levels of compensation as men. following the law. non-retaliation provisions of the Paycheck Republicans strongly support equal Madam Chair, I believe that an indi- Fairness Act, many women will continue to pay for equal work, and we owe it to vidual should be able to negotiate em- be silenced in the workplace—that is, prohib- women to constructively engage on ployment based upon their qualifica- ited from talking about wages with cowork- this important issue and put forward tions and merit for the position. I also ers due to the fear of being fired. This is an solutions to strengthen existing law. believe that the victim of wage dis- issue that keeps women—like it kept Lilly Democrats have put forth a bill that Ledbetter—from learning of pay discrimina- crimination at any point in their ca- tion against them. prioritizes trial attorneys and govern- reer should not have to have this dis- Prohibiting Use of Salary History: The bill ment regulation over women’s eco- crimination follow them to their next prohibits employers from relying on salary nomic empowerment. The Democratic job and compound throughout the rest history in determining future pay, so that bill, for the first time, would require of their career. prior pay discrimination doesn’t follow data disclosure to the EEOC that col- That is why my bill protects the em- workers from job to job. lects compensation data broken down ployee’s right to not disclose their sal- Ensuring Job-Relatedness: The bill closes by the sex, race, and national origin of loopholes that have weakened the Equal Pay ary history during the job interview Act over time by ensuring that disparities in employees, while also tracking the hir- process unless they wish to voluntarily pay are justified by a business necessity that ing, termination, and promotion data disclose it. is related to the job. of those employees. We must acknowledge the Equalizing Remedies: The bill ensures These intrusions into the operations compounding impact of wage discrimi- women can receive the same robust remedies of private businesses would add compli- nation on a person’s career and be will- for sex-based pay discrimination that are ance costs exceeding $700 million per ing to discuss ideas to free employees currently available to those subjected to dis- year. And on top of these onerous new from this burden. crimination based on race and ethnicity. requirements, H.R. 7 is a giveaway to Providing Additional Assistance and Re- At the same time, we cannot erode sources: The bill also provides technical as- trial attorneys by changing class ac- the necessary negotiation that takes sistance to businesses, requires wage data tion formation from opt in, to opt out. place in a job interview or ignore the collection, and supports salary negotiation America’s businesses will need to role wage figures can play in advance- skills training programs to give workers the prepare for an onslaught of frivolous ment of an individual through their ca- tools to advocate for higher wages. lawsuits which now will be open to un- reer. Providing a Small Business Exception: The limited compensatory and punitive The Wage Equity Act protects the Equal Pay Act and the Fair Labor Standards damages. ability for an employee and their per- Act have an exemption for small businesses that generate less than $500,000 in annual The bill establishes an impossibly spective employer to have a wage ex- revenues a year, and the Paycheck Fairness high burden of proof for employers de- pectation conversation, an important Act would keep that exemption intact. The fending the legitimacy of any pay dif- part of any negotiation. bill would also support small businesses with ferentials between employees. We need My legislation protects an employ- technical assistance. to recognize that in today’s modern ee’s ability to discuss compensation The pay gap is persistent and can only be economy, 40 percent of small busi- with their colleagues, while giving the addressed if women are armed with the tools nesses are run by women. This bill employers the ability to set reasonable necessary to challenge discrimination would make it harder for these women against them, and employers are provided limitations on the time, location, and with effective incentives and technical as- business leaders. manner of this activity to protect em- sistance to comply with the law. I urge you This issue is far too important to ployees from harassment. to take a critical step towards achieving pay leave to partisan solutions. That is The CHAIR. The time of the gentle- equity by voting in support of the Paycheck why today I am proud to introduce the woman has expired.

VerDate Sep 11 2014 03:22 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.015 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2853 Ms. FOXX of North Carolina. Madam states that the Paycheck Fairness Act EEOC EQUAL PAY ACT STATISTICS Chair, I yield an additional 1 minute to is integral to ensuring women earn the EQUAL PAY ACT (EPA) CHARGES FILED WITH the gentlewoman from New York. same amount as men for equal work. EEOC (AVERAGE PER YEAR) Ms. STEFANIK. Madam Chair, fur- AFSCME, George W. Bush Administration (FY 2001– thermore, the Wage Equity Act seeks Washington, DC, March 25, 2019. 2008): 1,036. Obama Administration (FY 2009–2016): 999. HOUSE OF REPRESENTATIVES, to put women on equal footing with Trump Administration (FY 2017–2018): 1,031. men as they start their careers. Washington, DC. EEOC EPA CHARGES RESOLVED* (AVERAGE PER The legislation provides for a grant DEAR REPRESENTATIVE: On behalf of the YEAR) program targeted toward women in col- members of the American Federation of Bush Administration (FY 2001–2008): 959. lege and career tech programs to pro- State, County and Municipal Employees Obama Administration (FY 2009–2016): vide negotiation skills education. (AFSCME), I am writing in support of the 1,078. Lastly, my bill directs the GAO to ‘‘Paycheck Fairness Act’’ (H.R. 7). This leg- Trump Administration (FY 2017–2018): 1,220. study the manager’s gap. We know that islation is integral to ensure that women * EEOC resolves charges in a number of dif- the wage gap greatly expands for earn the same amount as men for equal ferent ways: negotiated settlement, with- work. drawal of charge upon receipt of desired ben- women after they return to the work- To date, women make up almost 47 percent efits, successful conciliation, unsuccessful force following parental leave. We conciliation, a finding of no reasonable of the workforce in America. Their partici- must have a clear sense of the impact cause, or closure for administrative reasons. that leave during this time will have pation has steadily climbed since the 1970s, and they are completing college and univer- LAWSUITS FILED BY EEOC WITH EPA CLAIMS (AV- on an employee’s future earning and sity education at higher rates. The range of ERAGE PER YEAR) (NOTE: NUMBERS DO NOT IN- opportunity potentials. occupations women workers hold has also ex- CLUDE PRIVATE LITIGATION) These are commonsense proposals panded with women making notable gains in Bush Administration (FY 2001–2008): 9. that are supported by Democrats and professional and managerial occupations. Obama Administration (FY 2009–2016): 3. Republicans. I encourage my col- Yet with more than 74.6 million women in Trump Administration (FY 2017–2018): 8. leagues to reject Big Government over- the civilian workforce, there is still a gender Ms. FOXX of North Carolina. Madam reach, and find practical, bipartisan so- pay gap between men and women. That’s Chair, I yield 2 minutes to the gen- lutions that improve and strengthen why passage of this bill is necessary. Even tleman from Georgia (Mr. ALLEN). the existing law of the land: equal pay with the enormous progress made by women Mr. ALLEN. Madam Chair, I rise over many decades, women continue to face for equal work. today to speak out against H.R. 7, leg- discrimination that limits their ability to islation that places unprecedented re- Mr. SCOTT of Virginia. Madam succeed and advance at work. Chair, I yield 2 minutes to the gentle- strictions and liability on job creators Fifty-six years after former President John woman from North Carolina (Ms. that will harm the very women it F. Kennedy signed the Equal Pay Act into claims to protect. ADAMS). law, women earn less than men. While that Ms. ADAMS. Madam Chair, I want to As a small business owner with over law along with other civil rights legislation 40 years of experience creating jobs, I thank Chairman SCOTT for his leader- like Title VII of the 1964 Civil Rights Act know just how hard it can be for em- ship and Representative DELAURO for have helped to narrow the wage gap, it still bringing this bill to the floor. exists across all occupations, industries, and ployers to find skilled and qualified I rise today in strong support of the trade and educational attainment. This workers. With 7.6 million available jobs Paycheck Fairness Act because, like shortchanges many working families and creates little upward mobility in compensa- throughout our Nation, the last thing Fannie Lou Hamer and Representative tion to meet basic household needs. Cur- we need to do is overregulate our busi- DELAURO, I am sick and tired of being rently, women make only 80 percent of every nesses, especially when Federal law al- sick and tired of paycheck inequity. dollar a man makes in nearly every occupa- ready makes it illegal to pay different For three decades, from the North tion where there is enough earnings data to Carolina House to the United States wages to women for equal work. compare. This gap in earnings translates H.R. 7 dramatically increases liabil- Congress, I have been fighting to close into $10,169 less per year in average earnings. ity for employers, eliminates a busi- the gender wage gap. As the new chair This percentage is even lower for women of ness owner’s ability to contest gender- of the Education and Labor Sub- color. Black women earn 61 cents, Latina based pay discrimination cases, ex- committee on Workforce Protections, I women 53 cents, Native Hawaiian and Pacific Islander women 62 cents, Native women 58 pands damages, and encourages frivo- am very proud to support this bill. It cents, and Asian women 58 cents for every lous lawsuits. takes the average woman an additional dollar paid to a white man. This trend is not Furthermore, this partisan bill offers 91 days to earn what her male peers only troubling for women’s career and finan- no new protections against pay dis- earned in 2018, and that is unaccept- cial success, but it also limits their ability crimination in the workplace. Rather, to save for retirement. able. H.R. 7 directly benefits trial lawyers at In my district in North Carolina, Stronger equal pay protections and en- the expense of working women. Taken women still only make about 82 cents forcement measures are essential to ensure as a whole, this bill will very likely for every dollar a man makes. It is that our workplaces treat women fairly and limit or obstruct an employer’s efforts operate free of discrimination on the job. even worse for women of color, who are to recruit, hire, promote workers, and even less likely to make as much as AFSCME strongly supports the ‘‘Paycheck Fairness Act’’ (H.R. 7) and encourages swift to increase their pay—once again, their male counterparts working the empty partisan promises from my col- same job. Black women earn only 61 passage to alleviate gender-based wage dis- crimination, and ensure women receive equal leagues on the other side of the aisle. cents for every dollar a man makes; pay for equal work. Hispanic women only 53 cents. Sincerely, b 1430 When we shortchange women, we SCOTT FREY, However, after passing historic tax shortchange our children, our families, Director of Federal Government Affairs. reform under the Republican-led Con- and our economy. In fact, women are gress and eliminating burdensome red Ms. ADAMS. By passing the Pay- shortchanged $500 billion every year. tape under the leadership of President check Fairness Act, we will strengthen Fifty-six years have passed since the Trump, our businesses are continuing the Equal Pay Act. We will bolster the Equal Pay Act was signed into law, and to empower women across this country rights of working women, and finally, it has been 10 years since President at unprecedented levels. Obama signed the Lilly Ledbetter Fair we will put an end to gender-based We have more women working in the Pay Act. wage disparity. U.S. than ever before, nearly 75 mil- Yet, our work remains unfinished. Ms. FOXX of North Carolina. Madam lion. Women filled nearly 60 percent of Today, the U.S. House of Representa- Chair, before I recognize the next the 2.8 million jobs created in the last tives speaks loud and clear, and we will speaker, I include in the RECORD a year. One in five employer businesses no longer wait while women continue chart which shows that pay discrimina- nationwide is owned by women, includ- to do the same work and not get the tion charges filed per year with the ing by my wife of 45 years, Robin. same pay. The time is up for that. EEOC have remained statistically con- I need to keep this momentum going, Madam Chair, I include in the sistent during the George W. Bush, not obstruct employers’ efforts to re- RECORD a letter from AFSCME which Obama, and Trump administrations. cruit, hire, and promote workers.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.043 H27MRPT1 H2854 CONGRESSIONAL RECORD — HOUSE March 27, 2019 Madam Chair, I urge a ‘‘no’’ vote dures into conformance with those available the Paycheck Fairness Act. I thank today on H.R. 7. for other civil rights claims, and strengthens Representative DELAURO for her efforts Mr. SCOTT of Virginia. Madam the government’s ability to identify and in continuing to push this bill to fru- Chair, I yield 2 minutes to the gen- remedy systematic wage discrimination by ition. requiring employers to report pay data to As chair of the HELP Subcommittee tleman from Michigan (Mr. LEVIN). the EEOC. Mr. LEVIN of Michigan. Madam When women endure pay discrimination, and as an African American woman, I Chair, as vice chairman of the Com- entire families suffer. We urge you to sup- feel very strongly about the issue of mittee on Education and Labor, I am port final passage of the Paycheck Fairness pay fairness. Our Nation cannot ade- so proud that our committee made it a Act (S. 84), and to oppose any amendment quately improve labor conditions with- top priority this year to bring the Pay- that would weaken this important and long out addressing the stark inequities check Fairness Act to the floor, and I overdue legislation. that exist along gender and racial congratulate Chairman SCOTT for his Sincerely, lines. The fact that, on average, women leadership. WILLIAM SAMUEL, currently earn just 80 cents for every This is an issue where the evidence Director, Government Affairs. dollar a man earns for the same posi- could not be clearer. In Michigan’s Mr. LEVIN of Michigan. Madam tion and amount of work is just plain Ninth District, which I represent, for Chair, while I believe belonging to a wrong and is a disgrace. example, women’s median annual wage union is the surest way to guarantee By passing the Paycheck Fairness is more than $10,000 lower than men’s. equal pay on the job, the Paycheck Act and promoting wage parity, we can I don’t care how many jobs are created Fairness Act will provide effective new lift families out of poverty and keep or how many women are working, we tools to close the wage gap. harmful biases out of the workplace. need to do something to, at long last, Ms. FOXX of North Carolina. Madam There are too many poor working peo- make women’s pay equal to men’s. Chair, I yield 3 minutes to the distin- ple in America working two and three If we allow this gap to persist, we are guished gentlewoman from West Vir- jobs to keep their families whole. Re- not just telling women they aren’t ginia (Mrs. MILLER). search has shown that a woman’s level worth as much as men. We are doing Mrs. MILLER. Madam Chair, I rise of education and work experience or real damage to entire families and to today to speak in opposition to H.R. 7, chosen industry do not necessarily our economy. Failure to tackle the pay the Paycheck Fairness Act. I am a shield her from unfair pay. This prob- gap isn’t just discriminatory; it is mother and a grandmother. I have lem is widespread and can be found shockingly shortsighted. raised two boys and one husband. I across all sectors of the economy, af- The Paycheck Fairness Act will fi- have owned businesses, managed em- fecting even the most prepared women. nally align our treatment of gender ployees, made payroll, served in the Economically disadvantaged women discrimination with other established State legislature, and herded buffalo. I are hit extremely hard, as are women antidiscrimination policies. This is an don’t need any more men trying to tell of color. There are two Americas, a opportunity to realize equal pay for me that they need to protect me from rich and prosperous America and a equal work that we simply cannot af- being paid less. I am perfectly capable poor and struggling America. Black ford to miss. of negotiating a fair wage for a fair and Latina women earn 61 cents and 53 I regret that my good friends across day’s work and choosing exactly what cents, respectively, for every dollar the aisle did not introduce a single bill is important to me when making my earned by men who perform the same to strengthen the Equal Pay Act across own decisions. job—such a discrepancy, such a stark the 20 years they held the gavel in this The bill proposed by my colleagues statistic, such a shame. The wage gap Chamber. I hope they will join us today across the aisle tells young women en- is too wide and narrowing much too to lift up America’s women and fami- tering the workforce that they are un- slowly for Congress not to act. lies to full equality at long last. able to negotiate for their own jobs or I strongly support H.R. 7 as a positive Finally, I include in the RECORD a take control of their own life and that step toward correcting this glaring in- strong letter of support for H.R. 7 from they need to be coddled by the govern- justice. I reiterate my strong support the AFL–CIO. ment in order to succeed. What arro- for H.R. 7, and I urge all my colleagues AFL–CIO, gance. to vote ‘‘yes’’ for paycheck fairness. March 25, 2019. We are not some delicate and help- Madam Chair, I include in the DEAR REPRESENTATIVE: The AFL–CIO less group that needs men to tell us RECORD a letter of support from the strongly urges your support of the Paycheck just how bad we have it and just how National Education Association. Fairness Act (H.R 7) when it comes to the much they need to make sure that we NATIONAL EDUCATION ASSOCIATION, House floor this week. March 26, 2019. The Paycheck Fairness Act is a long over- are looked after. I can take care of my- HOUSE OF REPRESENTATIVES, due remedial measure that responds to the self, thank you, and so can every single Washington, DC. demonstrated inadequacies of the 1963 Equal woman in this country. This bill is DEAR REPRESENTATIVE: On behalf of our Pay Act. Although the Equal Pay Act made nothing more than a trial lawyer’s three million members and the 50 million it illegal for employers to pay unequal wages dream and a job creator’s nightmare. students they serve, we urge you to VOTE to male and female employees who perform The Equal Pay Act already makes it YES on the Paycheck Fairness Act of 2019 the same work, wage disparities between illegal to pay unequal wages for equal (H.R. 7). Votes associated with this issue men and women persist in both the private work. The men can go try to find some- may be included in NEA’s Report Card for and public sectors, at every educational the 116th Congress. level, across the country. Women working body else who needs their help. In the meantime, I am going to focus on actu- Equal pay for equal work is NOT today’s full time are paid only 80 cents for every dol- reality. lar paid to men, and this gap is greater for ally helping women earn more by cre- The U.S. Bureau of Labor Statistics re- women of color. While belonging to a union ating good-paying jobs, by growing our ports that in 2017, the median weekly earn- is the surest way to guarantee equal pay on economy, and by building a system ings of full-time, salaried female workers the job—unionized women earn some 27 per- that allows for flexible work schedules were 82 percent of those of full-time, salaried cent more than do their non-union counter- and nurtures entrepreneurship. male workers. parts—the Paycheck Fairness Act would pro- We can’t legislate respect any more According to AAUW, the pay gap is even vide new effective tools to close the wage bigger for women of color with African gap. than we can legislate common sense. Americans earning 61 cents, American In- The Paycheck Fairness Act provides tar- Women know real respect is earned. We dian/Alaskan natives 58 cents, and Latinas 53 geted remedies designed to update the 1963 don’t need the men’s help, and we don’t cents for every dollar paid to white men. Equal Pay Act. It requires employers to need the government’s help. We just The gender pay gap exists in all demo- demonstrate that wage gaps between men need them both to get out of our way. graphics, all parts of the country, and nearly and women doing the same work truly result I wholly oppose this legislation. all occupations—including female-dominated from factors unrelated to gender. It prohibits Mr. SCOTT of Virginia. Madam professions like teaching and nursing. employers’ use of prior salary history in set- The Institute for Women’s Policy Research ting pay for new hires and employer retalia- Chair, I yield 2 minutes to the gentle- reports that closing the pay gap would cut tion against workers who discuss their pay woman from Florida (Ms. WILSON). the poverty rate for working single mothers with coworkers. Last, H.R. 7 brings Equal Ms. WILSON of Florida. Madam in half and lift 2.5 million children out of Pay Act remedies and class action proce- Chair, I rise in strong support of H.R. 7, poverty.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.047 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2855 The Paycheck Fairness Act of 2019 would Mr. SCOTT of Virginia. Madam There is no more fitting way to begin this help by: Chair, I yield 2 minutes to the gentle- historic Congress than by making real, con- Requiring employers to demonstrate that woman from Illinois (Ms. UNDERWOOD). crete progress in ensuring all women receive gender is NOT the reason they pay employ- Ms. UNDERWOOD. Madam Chair, let fair pay. The Paycheck Fairness Act updates ees different amounts to perform the same and strengthens the Equal Pay Act of 1963 to jobs. me be very clear: Equal pay for equal ensure that it provides robust protection Prohibiting employers from asking job work has never been a reality for against sex-based pay discrimination. Among candidates about their salary histories. women in America. other provisions, this comprehensive bill Protecting employees from retaliation if Congress recognized this for the first bars retaliation against workers who volun- they discuss their pay with colleagues. time 56 years ago, before I was even tarily discuss or disclose their wages. It Strengthening enforcement of equal pay born, when the Equal Pay Act was closes loopholes that have allowed employers laws by requiring employers to provide to to pay women less than men for the same the Equal Employment Opportunity Com- passed. This was a foundational piece of civil rights legislation. But a half work without any important business jus- mission (EEOC) data on salaries, promotions, tification related to the job. It ensures and dismissals, broken down by race and century later, it is clear that the Equal women can receive the same robust remedies gender. Pay Act isn’t working for everyone, for sex-based pay discrimination that are Putting in place robust remedies for dis- and it isn’t working fast enough. currently available to those subjected to dis- crimination. In my district, for every dollar that crimination based on race and ethnicity. It For all of these reasons, we urge you to men in Naperville or Batavia or prohibits employers from relying on salary VOTE YES on H.R. 7. history in determining future pay, so that Sincerely, McHenry make, women make 71 cents. pay discrimination does not follow women MARC EGAN, That is the worst pay gap in Illinois. It from job to job. And it also provides much Director of Government Relations. means we have to work at least 10 years longer to earn the same lifetime needed training and technical assistance, as Ms. FOXX of North Carolina. Madam well as data collection and research. Chair, I yield myself such time as I income. At this rate, every woman in Women are increasingly the primary or co- may consume. America wouldn’t make equal pay for breadwinner in their families and cannot af- Madam Chair, we have made it clear doing the same work for almost 200 ford to be shortchanged any longer. Women that we do not believe H.R. 7 is good years. working full-time, year-round are typically for working women, but no one has to In my community in Illinois, the 14th paid only 80 cents for every dollar paid to take our word for it. There are more Congressional District isn’t willing to men, and when we compare women of color to white, non-Hispanic men, the pay gaps are working women today than ever before. wait that long, and neither are the House Democrats. That is why I am even larger. Moms are paid less than dads. Here is what many of the job creators And even when controlling for factors, such who have helped make that a reality standing here today as a cosponsor and as education and experience, the pay gaps have to say about H.R. 7. strong supporter of the Paycheck Fair- persist and start early in women’s careers The H.R. Policy Association said: ness Act. There is no point in a wom- and contribute to a wealth gap that follows As written, the bill would penalize legiti- an’s life, from childhood to retirement, them throughout their lifetimes. These pay mate, nondiscriminatory pay decisions; im- where the gender pay gap doesn’t hurt gaps can be addressed only if workers have pose an unworkable burden of proof on em- her. The Paycheck Fairness Act would the legal tools necessary to challenge dis- ployers that even The Washington Post has take huge, critical steps to fix that. crimination and when employers are pro- said ‘‘potentially invites too much intrusion The Committee on Education and vided with effective incentives and technical and interference with core business deci- assistance to comply with the law. Labor held hearings on the act, and we It’s time to take the next step toward sions’’; and add to the confusing labyrinth of heard from experts how this bill would State and local pay history laws. achieving equal pay. We urge you to vote for do things like lift children out of pov- The National Federation of Inde- the Paycheck Fairness Act and encourage erty, contribute billions of dollars to your colleagues to do the same, taking up pendent Business said: America’s economy, and make sure the cause of Lilly Ledbetter and all those H.R. 7 requires the Equal Employment Op- women have a safer, healthier retire- who have fought for equal pay. portunity Commission to issue regulations ment. Sincerely, providing for collection of employers’ com- 9to5, National Association of Working pensation data. Most small business owners Madam Chair, I include in the Women: do not have a human resources department RECORD a letter signed by 315 State, 9to5 California; 9to5 Colorado; 9to5 Geor- or a full-time staff member in charge of re- local, and national organizations that gia; 9to5 Wisconsin. porting and compliance. NFIB members re- support the Paycheck Fairness Act. A Better Balance port unreasonable government regulations as VOTE FOR THE PAYCHECK FAIRNESS ACT ACCESS Women’s Health Justice their second most important small business MARCH 25, 2019. Advocacy and Training Center problem. DEAR REPRESENTATIVE: As members of a American Federation of Labor-Congress of Americans for Tax Reform and the broad coalition of organizations that pro- Industrial Unions (AFL-CIO): Center for Worker Freedom says: ‘‘Un- mote economic opportunity for women and PA AFL-CIO. fortunately, this bill would actually vigorous enforcement of antidiscrimination African American Ministers In Action likely harm the women the Democrats laws, we strongly urge you to vote for the American Association of University are claiming to help. If signed into law, Paycheck Fairness Act when it comes to the Women (AAUW): the legislation would likely lead to less House floor for a vote. Despite federal and AAUW of Alabama; AAUW of Alaska; state equal pay laws, gender pay gaps per- (AAUW Fairbanks (AK) Branch, AAUW Ko- flexible work schedules for women, sist. This legislation offers a much needed diak (AK) Branch); AAUW of Arizona; AAUW fewer incentives for those who work update to the Equal Pay Act of 1963 by pro- of Arkansas; AAUW of California; AAUW of hard, and lower pay for all.’’ viding new tools to battle the pervasive pay Colorado; AAUW of Connecticut; AAUW of The National Taxpayers Union said: gaps and to challenge discrimination. Delaware; AAUW of District of Columbia Though well-intended, H.R. 7 would not re- In January, we celebrated two major ac- (AAUW Washington (DC) Branch, AAUW solve lingering issues of pay discrimination, complishments. First, an historic number of Capitol Hill (DC) Branch); AAUW of Florida; particularly when safeguards are already women were sworn into the 116th Congress, AAUW of Georgia; AAUW of Hawaii; AAUW available under the Equal Pay and Fair many of whom—along with their male col- of Idaho; AAUW of Illinois; AAUW of Indi- Labor Standards Acts. Instead, under H.R. 7, leagues—ran and won on issues central to ana; AAUW of Iowa; AAUW of Kansas; AAUW women could be perceived as a legal liabil- the economic well-being of families. Second, of Kentucky; AAUW of Louisiana; AAUW of ity, ultimately reducing employment oppor- on January 29, 2019, we commemorated the Maine. tunities. Rather than impose new regula- tenth anniversary of the enactment of the AAUW of Maryland; AAUW of Massachu- tions that increase the cost of doing business Lilly Ledbetter Fair Pay Act. That vital law setts; AAUW of Michigan; AAUW of Min- and kill jobs, Congress should remove bar- rectified the Supreme Court’s harmful deci- nesota; AAUW of Mississippi; AAUW of Mis- riers that limit prosperity for both men and sion in Ledbetter v. Goodyear Tire & Rubber souri; AAUW of Montana; AAUW of Ne- women. Company. The law helps to ensure that indi- braska; AAUW of Nevada; AAUW of New This bill, as my colleagues have said, viduals subjected to unlawful compensation Hampshire; AAUW of New Jersey; AAUW of discrimination are able to have their day in New Mexico; AAUW of New York; AAUW of is a sham, and it simply doesn’t do court and effectively assert their rights North Carolina; AAUW of North Dakota; what my colleagues across the aisle under federal antidiscrimination laws. But AAUW of Ohio; AAUW of Oklahoma; AAUW say it will do. the Lilly Ledbetter Fair Pay Act, critical as of Oregon; AAUW of Pennsylvania; AAUW of Madam Chair, I reserve the balance it is, is only one step on the path to ensuring Puerto Rico; AAUW of Rhode Island; AAUW of my time. women receive equal pay for equal work. of South Carolina; AAUW of South Dakota;

VerDate Sep 11 2014 05:32 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.018 H27MRPT1 H2856 CONGRESSIONAL RECORD — HOUSE March 27, 2019 AAUW of Tennessee; AAUW of Texas; AAUW Hope’s Door National Women’s Political Caucus of Utah; AAUW of Vermont; AAUW of Vir- Hudson Law PLLC NC Women United ginia; AAUW of Washington; AAUW of West Indiana Institute for Working Families NETWORK Lobby for Catholic Social Jus- Virginia; AAUW of Wyoming. Interfaith Worker Justice tice American Civil Liberties Union International Alliance of Theatrical Stage New York Paid Leave Coalition American Federation of Government Em- Employees New York State Coalition Against Domes- ployees (AFGE), AFL-CIO International Association of Machinists tic Violence American Federation of State, County, and and Aerospace Workers (IAMAW) North Carolina Justice Center Municipal Employees (AFSCME) International Association of Sheet Metal, Oxfam America American Federation of Teachers, AFL- Air, Rail and Transportation Workers PathWays PA CIO (SMART) Local 20 People For the American Way American Psychological Association International Brotherhood of Electrical Planned Parenthood Pennsylvania Advo- Americans for Democratic Action Workers—3rd District cates Anti-Defamation League International Brotherhood of Electrical PowHer NY Atlanta Women for Equality Workers 29 Progressive Maryland Bend the Arc: Jewish Action International Federation of Professional Public Citizen Bozeman Business & Professional Women and Technical Engineers (IFPTE) Restaurant Opportunities Centers United California Employment Lawyers Associa- International Union, United Automobile, Service Employees International Union tion Aerospace & Agricultural Implement Work- (SEIU): California Federation of Business & Profes- ers of America (UAW) SEIU Local 6686. sional Women JALSA: Jewish Alliance for Law and So- SiX Action Caring Across Generations cial Action Southwest Women’s Law Center Casa de Esperanza: National Latin@ Net- Jewish Women International Texas Business Women Inc. work for Healthy Families and Communities Justice for Migrant Women Transport Workers Union Catalyst Lambda Legal U.S. Women and Cuba Collaboration Center for Advancement of Public Policy The Leadership Conference on Civil and U.S. Women’s Chamber of Commerce Center for American Progress Human Rights UltraViolet Center for Law and Social Policy League of Women Voters of St. Lawrence Union for Reform Judaism Central Conference of American Rabbis Unitarian Universalist Women’s Federa- Citizen Action of New York County, NY Legal Aid At Work tion Clearinghouse on Women’s Issues UNITE HERE! Local 57 Coalition of Labor Union Women: Main Street Alliance Maine Women’s Lobby United Church of Christ Justice and Wit- California Capital Chapter, Coalition of ness Ministries Labor Union Women; Chesapeake Bay Chap- McCree Ndjatou, PLLC Methodist Federation for Social Action United Mine Workers of America: ter, Coalition of Labor Union Women; Chi- United Mine Workers of America District cago Chapter, Coalition of Labor Union MomsRising Mississippi Black Women’s Roundtable Two. Women; Derby City Chapter, Coalition of United Nations Association of the United Labor Union Women; Grand Prairie/Arling- NAACP National Advocacy Center of the Sisters of States ton Chapter, Coalition of Labor Union United State of Women Women; Greater New Jersey Chapter, Coali- the Good Shepherd National Asian Pacific American Women’s United Steelworkers (USW): tion of Labor Union Women; Greater Okla- Forum (NAPAWF) United Steelworkers, District 10; USW homa City Chapter, Coalition of Labor Union National Association of Letter Carriers Local 1088; L.U. #1088 USW. Women; Houston Chapter, Coalition of Labor (NALC), AFL-CIO UN Women USNC Metro New York Chapter Union Women; Ohio Chapter, Coalition of National Center for Transgender Equality UnidosUS Labor Union Women; Kentucky State Chap- National Committee on Pay Equity Voter Participation Center ter, Coalition of Labor Union Women; Los National Council of Jewish Women Westminster Presbyterian Church Angeles Chapter, Coalition of Labor Union National Domestic Workers Alliance Women Employed Women. National Education Association WNY Women’s Foundation Metro Detroit Chapter, Coalition of Labor National Employment Law Project Women of Reform Judaism Union Women; Michigan Capitol Area Chap- National Employment Lawyers Associa- Women’s All Points Bulletin, WAPB ter, Coalition of Labor Union Women; Mis- tion: Women’s Voices, Women Vote Action Fund souri State Chapter, Coalition of Labor NELA–Georgia; NELA–Houston; NELA–In- WomenNC Union Women; Neshaminy Bucks Chapter, diana; NELA–New Jersey; NELA–New York; Women’s Law Project Coalition of Labor Union Women; Philadel- Women’s Rabbinic Network NELA–Pennsylvania; NELA–Texas. phia Chapter, Coalition of Labor Union YWCA USA: National Federation of Business and Pro- Women; Rhode Island Chapter, Coalition of YWCA Allentown; YWCA Alliance; YWCA fessional Women Clubs Labor Union Women; San Diego Chapter, Co- Asheville; YWCA Berkeley/Oakland; YWCA National LGBTQ Task Force Action Fund alition of Labor Union Women; South- Billings; YWCA of Binghamton & Broome National Organization for Women: County; YWCA Brooklyn; YWCA Cambridge; western PA Chapter, Coalition of Labor Anne Arundel County NOW; Arlington YWCA Central Alabama; YWCA Central Mas- Union Women; St. Louis Metro Chapter, Coa- NOW; Baton Rouge NOW; California NOW; sachusetts; YWCA Clark County; YWCA lition of Labor Union Women; Western New Central Phoenix/Inez Casiano NOW; Char- Contra Costa/Sacramento; YWCA Corpus York Chapter, Coalition of Labor Union lotte NOW; Chester County NOW; Con- Christi; YWCA Gettysburg & Adams County; Women; Western Virginia Chapter, Coalition necticut NOW; DC NOW; East End NOW; YWCA Great Falls; YWCA Greater Austin; of Labor Union Women. Florida NOW; High Desert NOW; Hollywood Congregation of Our Lady of the Good YWCA Greater Baton Rouge; YWCA Greater NOW; Illinois NOW; Indianapolis NOW; Jack- Shepherd, US Provinces Cincinnati; YWCA Greater Harrisburg; sonville NOW; Louisiana NOW. Connecticut Women’s Education and Legal CYWCA Greater Miami-Dade. Maryland NOW; Miami NOW; Michigan Fund (CWEALF) YWCA of Greater Portland; YWCA of NOW; Minnesota NOW; Montana NOW; Mor- Disciples Women Kauai; YWCA Mahonini Valley; YWCA ris County NOW; North Carolina NOW; Ne- Ecumenical Poverty Initiative McLean County; YWCA Metropolitan Phoe- vada NOW; New Orleans NOW; New York Equal Pay Today nix; YWCA Mount Desert Island; YWCA New City NOW; New York State NOW; Northern Equal Rights Advocates Hampshire; YWCA of the Niagara Frontier; New Jersey NOW; Northwest PA NOW; Or- Feminist Majority Foundation YWCA Oklahoma City; YWCA Olympia; egon NOW; Pennsylvania NOW; Philadelphia Friends of the Delaware County Women’s YWCA Orange County; YWCA Pasadena- NOW; Seattle NOW. Commission Foothill Valley; YWCA of the Sauk Valley; Seminole County NOW; South Jersey Futures Without Violence YWCA Seattle/King/Snohomish; YWCA NOW—Alice Paul Chapter; Southwest ID Gender Equality Law Center South Hampton Roads; YWCA Southeastern NOW; Southwest PA NOW; Sun Cities/West Girls For Gender Equity Massachusetts; YWCA St. Paul; YWCA of Valley NOW; Texas State NOW; Washington Girls Inc. Syracuse and Onondaga County; YWCA Tri- County NOW; Washington NOW; Washtenaw Grameen Development Society (GDS) County Area; YWCA of the University of Illi- Graphic Communications Conference/Inter- County NOW; West Pinellas NOW; West Vir- nois; YWCA of Van Wert County; YWCA of national Brotherhood of Teamsters Local ginia NOW; Westchester NOW; Will County Watsonville; YWCA Western New York; 24M/9N NOW; Williamsport NOW; Wisconsin NOW; YWCA Westmoreland County; YWCA Yak- Greater New York Labor Religion Coali- Worcester NOW. ima. tion National Partnership for Women & Fami- Zonta Club of Greater Queens Hadassah, The Women’s Zionist Organiza- lies Zonta Club of Portland tion of America, Inc. National Resource Center on Domestic Vi- Holy Spirit Missionary Sisters—USA— olence Ms. UNDERWOOD. Madam Chair, I JPIC National Women’s Law Center also want to acknowledge the hard

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.026 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2857 work and leadership of Chairman likely to experience hunger. They are African-American women make only 61 SCOTT, Representative DELAURO, and less likely to own a home or be fully cents, and Hispanic women only 53 cents, for committee staff on the issue of equal prepared for retirement. every dollar earned by white, non-Hispanic pay. men. These gaps translate into a loss of al- b 1445 most $24,000 a year for African-American This is a bipartisan bill with support women and almost $28,500 annually for His- from both parties. I encourage my col- At the end of the day, those pennies panic women. leagues on both sides of the aisle to on the dollar add up, and that loss of The Paycheck Fairness Act is a respon- join me in supporting the Paycheck income is putting women of color at a sible, steady yet aggressive bill. It will help Fairness Act and take this important serious disadvantage. remedy this inequity and close this unac- step toward ending gender-based dis- The Paycheck Fairness Act will take ceptable gap. In short, the legislation will protect women and families across America crimination at work. aggressive action to remedy these in- equalities and tear down the economic by: protecting against retaliation for dis- Ms. FOXX of North Carolina. Madam cussing salaries with colleagues; prohibiting Chair, I yield myself such time as I barriers that women of color face. It employers from screening job applicants may consume. will do that, in part, by ensuring the based on their salary history or requiring Madam Chair, earlier, my colleagues Equal Employment Opportunity Com- salary history during the interview and hir- presented some interesting numbers. mission has the information it needs to ing process; requiring employers to prove The wage gap is a truly fascinating detect pay discrimination and to iden- that pay disparities exist for legitimate, job- subject to study because there are sta- tify those additional cross-section bi- related reasons; providing plaintiffs who file ases. sex-based wage discrimination claims under tistics to show it is vast, and there are the Equal Pay Act with the same remedies statistics to show, in many cases, it is The CHAIR. The time of the gentle- as are available to plaintiffs who file race- or virtually nonexistent. woman has expired. ethnicity-based wage discrimination claims We should note the numbers that Mr. SCOTT of Virginia. Madam under the 1964 Civil Rights Act; removing ob- really aren’t up for debate. There are Chair, I yield the gentlewoman from stacles in the Equal Pay Act to facilitate more working women today than ever Minnesota an additional 30 seconds. plaintiffs’ participation in class action law- before, 74.9 million. A record 2.8 million Ms. OMAR. Madam Chair, I am proud suits that challenge systemic pay discrimi- new jobs were created in the past year, to introduce an amendment with my nation; and creating a negotiation skills training program for women and girls. and nearly 60 percent of those jobs are colleague, Representative BEYER from I again urge you to do all you can to see now filled by women. There are more Virginia, that will ensure that the that this important legislation is enacted as women owning businesses and employ- major employers are required to report quickly as possible so that women can begin ing Americans than ever before. That that information to that commission. to have some parity for a day’s work. This in was no accident. Women are the direct That will go a long way to finally end- turn will help hard working American beneficiaries of strong economic pol- ing the systemic barriers that women women, their children and their families and women of color face in this coun- gain the economic stability they deserve. icy. Please support the Paycheck Fairness Act They need strong economic policy. try. and work to eliminate this unacceptable gap They don’t want more ways to sue peo- I thank Chair SCOTT and Chair in pay. ple. They want more freedom to work DELAURO. I am really excited to be Sincerely, in the jobs they want. part of this change-making Congress. HILARY O. SHELTON, We are here for women, Madam I include in the RECORD a letter from Director, NAACP Chair, not their lawyers. the NAACP in support of this legisla- Washington Bureau Madam Chair, I reserve the balance tion. & Senior Vice Presi- of my time. dent for Policy and WASHINGTON BUREAU, NATIONAL AS- Advocacy. Mr. SCOTT of Virginia. Madam SOCIATION FOR THE ADVANCEMENT Ms. FOXX of North Carolina. Madam Chair, I yield 2 minutes to the gentle- OF COLORED PEOPLE, Chairman, I reserve the balance of my woman from Minnesota (Ms. OMAR). Washington, DC, March 25, 2019. Ms. OMAR. Madam Chair, I am hon- Re: NAACP Strong support for the imme- time. Mr. SCOTT of Virginia. Madam ored to rise today to speak on H.R. 7, diate passage of H.R. 7, the Paycheck Chair, I yield 2 minutes to the gen- the Paycheck Fairness Act. I am proud Fairness Act. The Honorable, tleman from Virginia (Mr. BEYER). to be part of a Congress that is finally Mr. BEYER. Madam Chair, I am a taking action to close the gender pay House of Representatives, Washington, DC. businessman. I am also the father of gap. After so many years of inaction on DEAR REPRESENTATIVE: On behalf of the three daughters. this issue when our Republican col- NAACP, our nation’s oldest, largest and I have managed people and managed leagues were in the majority, I think it most widely-recognized grassroots-based compensation plans for more than 40 is fair to say that it is about time. civil rights organization, I strongly urge you years, and I know that we cannot man- It is hard to imagine that, in this day to support and vote in favor of H.R. 7, the age what we do not measure. I agree and age, women could be paid less than Paycheck Fairness Act. This critical legisla- tion would update and strengthen the Equal with my friend, the Republican con- a man for doing the same job. But it gresswoman from New York, that men happens, and it happens often. Statis- Pay Act of 1963, which mandated that em- ployers pay equal wages to men and women and women should be paid equally for tics show that pay disparity isn’t a who perform substantially the same work. equal work. This should be a bedrock thing of the past; it is happening The Paycheck Fairness Act closes loopholes principle of our democracy. today. It isn’t just holding women in the Equal Pay Act which have diluted its But if we don’t gather the data, how back; it is amplifying racial inequal- effectiveness in combating unfair and un- will we ever know if there is paycheck ities across the country. equal pay. While the Equal Pay Act has fairness? We often hear the statistics that say helped to narrow the wage gap between men My middle daughter is a computer women make 80 cents to every dollar and women in our workforce, significant dis- programmer—well paid. She was dis- that is paid to a man, but those figures parities remain and must be addressed. Especially in today’s economy, more mayed to learn around Christmastime are often worse for women of color. women work outside of the home and their that her male counterparts doing ex- Black women are making only 61 cents paycheck is a necessary part of their house- actly the same work were making more on the dollar. For Latina women, that holds’ resources. Yet all too often women are money. is 53 cents. For Native American forced to raise their families on incomes It is a fiction that this will be a bur- women, it is 58 cents. Clearly, the pay lower than that of male colleagues per- den on employers with more than 100 gap is compounded by a racial gap. forming the same jobs. According to 2018 employees. Absolutely none of these It should be obvious to all of us that data, women in the United States are typi- employers have not digitized their pay- this problem extends beyond the work- cally paid 80 cents for every dollar paid to check process decades ago. The collec- place. men. The median annual pay for a woman who holds a full-time, year-round job is tion of this data requires a keystroke; Madam Chair, you see the impact ev- $41,977 while the median annual pay for a that is all. All the data, already there, erywhere you look around our society. man who holds a full-time, year-round job is already gathered. Women of color are less likely to have $52,146—a difference of $10,169 per year. The Pay transparency is the most power- healthcare coverage. They are more statistics are even worse for women of color. ful way to achieve paycheck fairness.

VerDate Sep 11 2014 05:32 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.050 H27MRPT1 H2858 CONGRESSIONAL RECORD — HOUSE March 27, 2019 Men and women together are out- Mr. SCOTT of Virginia. Mr. Chair- women earned 59 cents on the dollar raged when they see actual measured man, I yield 1 minute to the gentle- compared to men. pay unfairness. But where incomes are woman from Texas (Ms. JACKSON LEE). In the 56 years since, that gap has most fair, where they are most trans- Ms. JACKSON LEE. Mr. Chairman, I only closed by 21 cents. Women still parent—in the military and in govern- thank the gentleman for yielding, the make only 80 cents on the dollar com- ment—paycheck inequity is small or chairman of the full committee, I ac- pared to their male counterparts and even nonexistent. knowledge the ranking member, and earn less than men in nearly every sin- This is not a bill for lawyers. This is indicate that, as all of us who have gle occupation. a bill for business owners and business come to the floor, this is an enor- The pay gap is even more extreme for managers who want to do the right mously historic day. women of color. Over the course of an thing and now will have the data to do For those of us who know the history entire career, that gap results in that right thing. of equal pay for women in America, women losing millions of dollars in Ms. FOXX of North Carolina. Madam this is a journey long in coming and earnings compared to their male coun- Chair, I continue to reserve the balance continuing—first with the Equal Pay terparts. of my time. Act of some 50-plus years ago; then In today’s economy, in which women Mr. SCOTT of Virginia. Mr. Chair, I with the Lilly Ledbetter Act 10 years make up more than half of the work- yield 2 minutes to the gentlewoman ago; and now with this historic legisla- force and are the sole or co-bread- from the District of Columbia (Ms. tion, the Paycheck Fairness Act—to winner in half of American families, NORTON). make good on the idea that women that is simply unacceptable. Ms. NORTON. Mr. Chair, I thank my should not be getting less than their friend for yielding. Being paid fairly for your work is a male counterparts: African American fundamental issue of fairness and free- I have left the chair, where I had women earning 61 percent, Latina been presiding, to speak on my bill, dom. Pay disparity can limit women’s women earning 53 percent, and Hawai- which is included in H.R. 7. My bill is career choices and their financial inde- ian and Pacific Islanders earning 62 Pay Equity for All, to bar an employer pendence, but equal pay enables women percent versus White, non-Hispanic from asking about a person’s prior pay. to save for retirement, to build careers, Mr. Chair, I want to thank all of you men. to buy homes, and to support their The most important part of this leg- who have led this bill to where we are families. today. I also am very much for the bill islation is the protection given to Today, I am proud to vote for the in which my bill is included, H.R. 7, women today, requiring employers to Paycheck Fairness Act, legislation I which includes class actions, for exam- prove that pay disparities exist for le- have cosponsored in every Congress ple, the clarification for which has gitimate, job-related reasons other since 1997. been most needed. than sex. It bans retaliation against This legislation gets us closer, at Expanding this bill is personal for workers who wish to discuss their last, to fulfilling the promise of equal me. I was the first woman to chair the wages. It removes obstacles in the pay for equal work and finally ensuring Equal Employment Opportunity Com- Equal Pay Act to allow workers to par- that women have the ability to fight mission and enforce the Equal Pay Act, ticipate in class-action lawsuits and back against wage discrimination and expanding it during my term at the improves the Department of Labor close the wage gap. commission. tools for enforcing the Equal Pay Act. I wish to thank Chairman SCOTT for I, therefore, am very grateful to my The CHAIR. The time of the gentle- including language in this bill that good friend ROSA DELAURO, a great woman has expired. mirrors legislation I introduced with Mr. SCOTT of Virginia. Madam champion of equal pay, for including Representative ELEANOR HOLMES NOR- Chair, I yield the gentlewoman from my Pay Equity for All Act in this bill. TON to address how employers use sal- Mr. Speaker, many employers may Texas an additional 30 seconds. ary history. Ms. JACKSON LEE. Madam Chair, it not recognize that they are discrimi- Many women and minorities start is important to note that no one, as a nating against women because they their careers with unfair and artifi- woman, can ask you what your pre- may not intentionally do so. But set- cially low salaries compared to their vious pay was—how denigrating that ting wages based on salary history is White male counterparts. That discrep- is—and use it as a basis to not pay you routinely done in the workplace, per- ancy can be compounded from job to what you really deserve in this new po- haps even by some in the Congress, and job, when employers rely heavily on it reinforces the wage gap and may be sition. salary history in compensation pack- the most important reason for the per- Also, women are heads of household; ages. sistence of the wage gap that we have they deserve the ability to provide for This change will help ensure that been unable to unlock. their family. What it means is that historically Madam Chair, this is not a lawsuit women’s pay is based on their merit disadvantaged groups—women and mi- bill. This is an opportunity bill. This is and not on the past discrimination of norities in particular—often start their a fairness bill. This is the ability to go other employers. careers with unfair and artificially low into court to receive justice. And, yes, Madam Chair, I urge my colleagues wages compared to their White male as part of justice, class-action lawsuits to support this bill and to finish the counterparts. This then gets can work. work of closing the wage gap. imbedded—this discrimination—and I believe that the Paycheck Fairness Ms. FOXX of North Carolina. Madam compounded throughout their careers, Act should be passed, promptly going Chairman, I yield myself such time as so they never catch up with their male to the other body, and be signed by the I may consume. counterparts. President of the United States, because Madam Chair, I have worked for most Job offers ought to be based on an ap- women, too, have the responsibilities of my life. I entered the workforce as a plicant’s skill and merit, not past sal- to serve and provide for their family. young woman, not because I wanted to ary or salary history. This is an historic piece of legisla- but because I had to. I knew the burden My bill keeps an employer from ask- tion. I thank ROSA DELAURO. of poverty well. If I didn’t work to sup- ing applicants for their salary history Ms. FOXX of North Carolina. Madam port myself, if I didn’t contribute to or their salary in the last job during Chair, I reserve the balance of my my family income, we would go hun- the interview process or as a condition time. gry. of employment. Mr. SCOTT of Virginia. Madam Well, I have been enormously blessed One study has shown, if you don’t ask Chair, I yield 2 minutes to the gen- to have gone from working for survival this question, wages are set at 9 per- tleman from New York (Mr. NADLER), to working for pleasure and, I hope, a cent higher. Therefore, this bill is a the chair of the Committee on the Ju- greater purpose. I know there are mil- very important component of bridging diciary. lions of women of all ages in this coun- the wage gap. Mr. NADLER. Madam Chair, I thank try today who must work to survive, Ms. FOXX of North Carolina. Mr. the gentleman for yielding. just as I did. Chairman, I reserve the balance of my Madam Speaker, in 1963, when the When I entered the workforce, equal time. Equal Pay Act was signed into law, pay for equal work—equal pay for

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.052 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2859 women—was a demand, but not yet the century ago. It was women like them women working full-time, year-round, are typi- law. Today, it is the law. The Equal who made equal pay for equal work the cally paid only 80 cents for every dollar paid Pay Act and the Civil Rights Act are law of the land, and it is women like to their male counterparts. The pay gaps are clear that pay discrimination is wrong, them, today and tomorrow, who will even more severe for women of color: 61 it is unacceptable, and it is illegal. continue to clarify, to sharpen, and to cents for African American women and 53 Managers who discriminate on the exemplify what ‘‘a more perfect Union’’ cents for Latina women. basis of sex are breaking at least two was always supposed to look like. This Women take home less money than they Federal laws, and they have no ex- House should follow their lead. have rightfully earned in every industry, no cuses. Madam Chair, I yield back the bal- matter what they do, how high their level of No one should operate under the as- ance of my time. education, or where they are from. sumption that women have reached Mr. SCOTT of Virginia. Madam Not only is this a matter of basic equality, their full potential in the workplace. Chair, I would like to inquire how economic justice and freedom, it also com- Over the years, I have experienced much time I have left. pounds and is a significant issue impacting sexism and misogyny. I have seen un- The CHAIR. The gentleman has 2 women’s retirement security. fairness. I have seen, also, remarkable minutes remaining. The Paycheck Fairness Act provides a long- advancement, and I have remained dis- Mr. SCOTT of Virginia. Madam overdue remedy to the 1963 Equal Pay Act. It appointed in many ways. Chair, I yield myself the balance of my will give women the tools needed to success- So, for the sake of all the working time. fully challenge pay discrimination and to women I have known and know now, Madam Chair, I just want to make a incentivize employers to comply with the law. women who work because they choose couple of closing comments. I urge all my colleagues to support its pas- to and women who work because they We have heard speaker after speaker sage. must, I looked for anything in this leg- complain that, if this bill passes, law- Ms. JOHNSON of Texas. Madam Chair, I islation worthy of their support. I yers will get paid. Most lawyers, in rise today to voice my support for H.R. 7, the found that this bill wasn’t written for fact, only get paid when they have a Paycheck Fairness Act. The purpose of this their sake at all. winning case; so if they want lawyers legislation is simple: ensuring all women are This bill is a cynical political ploy to stop getting paid, they could do this rewarded with equal pay for equal work. The that borders on paternalism. There is if we would stop discriminating. landmark Equal Pay Act of 1963 has helped not a single new or strengthened legal The only way to enforce the laws us to achieve progress in this crucial policy protection against pay discrimination against discrimination is to hire a law- area, but the Equal Pay Act, enacted over a for working women in H.R. 7. yer and go to court, and that is when half-century ago, is out of date and out of lawyers get paid. Stop the discrimina- touch with today’s business world. The Pay- b 1500 tion; stop the lawyers from getting check Fairness Act makes necessary and This bill is entirely designed for trial paid. common-sense improvements to this historic lawyers, and Democrats must think There is also a suggestion that we law so that we can take another step toward women are too dumb to understand ought to limit the amount of money eradicating gender-based wage discrimination. what they have done. that can be paid to lawyers. The fact is Most importantly, this bill seeks to make It is an insult to women everywhere that no group supporting women sup- equal pay a reality for women of color. Race that Democrats are passing this bill off port that limitation because the limi- and gender wage gaps harm not just the eco- as something good for them. This bill tation sometimes can be so low that nomic security of women but also of their fam- is like every other cheap product in you can’t hire a lawyer. It is only sup- ilies. A woman of color who works full time, drugstores and supermarkets across ported by groups supporting those rep- year round, can lose more than $1 million in America that has been covered in pink resenting people accused of discrimina- income over a 40-year career because of the packaging, marketed as the solution tion. wage gap. Currently, black women earn $0.60 women have been waiting for, and sold It is also one-sided. There is no pro- for every dollar earned by their white male for twice what it is worth. posal to limit the amount of money counterparts. Native American women earn We know women are smarter than that the guilty can pay their lawyers. $0.57 to every dollar, and Latina women earn that. Democrats, who have assumed A comment was made about unlim- $0.54. Meanwhile, white women and Asian that women will always follow their ited damages. The damages, in fact, in women earn $0.79 and $0.87, respectively. agenda, realize they are running out of this bill are the same as you can get This wage gap has not improved for years and time, and that is why they have under race and religious discrimina- continues to squeeze women’s pocketbooks, stooped to a stunt like H.R. 7. tion, and the purpose of the bill is to erode their earning potential, and deprive Women in America are embracing conform the process for gender dis- them of the means to improve their own lives their power and potential in ways they crimination to the process for other and support their families. never have before. I am not talking forms of discrimination like race and It is long past time to update the Equal Pay about the record number of women in religion. Act to give working women the legal tools they Congress. I am talking about the his- The EEOC data, as my colleague need to challenge sex-based pay discrimina- toric, groundbreaking number of from Virginia pointed out, is available, tion and to encourage employers to comply women in the workforce. and if you do not report this data, you with the law. The Paycheck Fairness Act sets More than half of the record number could have gross disparities. You could forth a path toward achieving those goals. of new jobs created in the past year pay all the men one thing and all the I urge members of the House to pass this have gone to women. More women are women less, and until that is reported, critical legislation. stepping up to start and lead busi- nobody might notice. Mr. SMITH of New Jersey. Madam Chair, I nesses, to be job creators themselves, Madam Chair, there are pay gaps. rise today in support of H.R. 7, the Paycheck than ever before. Discrimination still exists, and this Fairness Act—a modest, common-sense solu- Women need Representatives in legislation is one step in closing that tion to the problem of pay inequity. Washington who will cheer for them, pay gap. We need to pass the legisla- Equal pay for equal work is not only a core not their rich lawyers. If Democrats tion. value of mine and others—it’s the law. Full im- want to champion a bill to make life Madam Chair, I yield back the bal- plementation of that principle, however, re- easier for trial lawyers, that is their ance of my time. mains elusive. choice, but they should be honest Ms. KAPTUR. Madam Chair, our Repub- The Paycheck Fairness Act, which was first about it and, for once, bypass the op- lican colleagues say the Paycheck Fairness introduced in 1997 and passed the House of portunity to talk down to hardworking Act is unnecessary, a boom for trial attorneys Representatives with bipartisan support in women everywhere. and a burden on employers, but once again 2009, is a serious initiative to realize the noble For the women who work today be- the latest numbers tell a different story. Amer- goal of true equality. cause they must, I am glad they have ican women continue to lag far behind fair pay Among its provisions, this legislation would: the legal protections I didn’t when I for equal work. Encourage businesses to rely on information was in their shoes. It was women like The latest numbers from the U.S. Census about the market value of a position, industry them who paved the way for suffrage a Bureau once again revealed that American standards, the duties of the job, and their

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K27MR7.053 H27MRPT1 H2860 CONGRESSIONAL RECORD — HOUSE March 27, 2019 budgets in order to set salaries, by prohibiting women were paid the same as men. The (5)(A) Artificial barriers to the elimination of reliance on the prior salary history of prospec- same study indicates the U.S. economy would discrimination in the payment of wages on the tive employees. have produced an additional $512.6 billion in basis of sex continue to exist decades after the Allow workers to share their personal salary enactment of the Fair Labor Standards Act of income if women had received equal pay for 1938 (29 U.S.C. 201 et seq.) and the Civil Rights information free from retaliation, with common- equal work. With 64 percent of mothers being Act of 1964 (42 U.S.C. 2000a et seq.). sense exceptions for FIR professionals. the primary, sole, or co-breadwinners of their (B) These barriers have resulted, in signifi- Improve research on the gender pay gap by families, equal pay for women means Amer- cant part, because the Equal Pay Act of 1963 instructing Department of Labor (DOL) to con- ica’s families are better off. has not worked as Congress originally intended. duct studies and review available research Ensuring women have equal pay would Improvements and modifications to the law are and data to provide information on how to have a significant positive impact on our fami- necessary to ensure that the Act provides effec- identify, correct, and eliminate illegal wage dis- lies and our economy and I urge my col- tive protection to those subject to pay discrimi- nation on the basis of their sex. parities. leagues to support this legislation. (C) Elimination of such barriers would have Assist the DOL in uncovering wage discrimi- The CHAIR. All time for general de- positive effects, including— nation by requiring the collection of wage data bate has expired. (i) providing a solution to problems in the from federal contractors, and direct the Equal Pursuant to the rule, the bill shall be economy created by unfair pay disparities; Employment Opportunity Commission (EEOC) considered for amendment under the 5- (ii) substantially reducing the number of to conduct a survey of available wage informa- minute rule. working women earning unfairly low wages, tion and create a system of wage data collec- In lieu of the amendment in the na- thereby reducing the dependence on public as- sistance; tion. ture of a substitute recommended by (iii) promoting stable families by enabling all Support small businesses with technical as- the Committee on Education and family members to earn a fair rate of pay; sistance by providing support to all businesses Labor, printed in the bill, it shall be in (iv) remedying the effects of past discrimina- to help them with their equal pay practices. order to consider as an original bill for tion on the basis of sex and ensuring that in the Momentum has continued to build, with the purpose of amendment under the 5- future workers are afforded equal protection on more than 260 diverse organizations signing a minute rule an amendment in the na- the basis of sex; and letter in support of the bill, including the U.S. (v) ensuring equal protection pursuant to ture of a substitute consisting of the Congress’ power to enforce the 5th and 14th Women’s Chamber of Commerce, which rep- text of Rules Committee Print 116–8 Amendments to the Constitution. resents business associations and groups modified by the amendment printed in (6) The Department of Labor and the Equal across the country, and the Main Street Alli- part A of House Report 116–19. That Employment Opportunity Commission carry out ance, a national network of small business amendment in the nature of a sub- functions to help ensure that women receive owners. stitute shall be considered as read. equal pay for equal work. Madam Chair, according to the National The text of the amendment in the na- (7) The Department of Labor is responsible for— Partnership for Women and Families, if the ture of a substitute is as follows: (A) collecting and making publicly available disparity in median annual earnings for women H.R. 7 information about women’s pay; and men working full-time, year-round were Be it enacted by the Senate and House of Rep- (B) ensuring that companies receiving Federal closed, women would have over $10,000 more resentatives of the United States of America in contracts comply with anti-discrimination af- in earnings each year. For millennial women, Congress assembled, firmative action requirements of Executive Order closing this gender wage gap could add up to SECTION 1. SHORT TITLE. 11246 (relating to equal employment oppor- This Act may be cited as the ‘‘Paycheck Fair- tunity); more than $1,000,000 in lost income over a (C) disseminating information about women’s ness Act’’. career. rights in the workplace; This not only impacts these women im- SEC. 2. FINDINGS. (D) helping women who have been victims of mensely, but also directly impacts those with Congress finds the following: pay discrimination obtain a remedy; and families. Over 62 percent of two-parent, mar- (1) Women have entered the workforce in (E) investigating and prosecuting systemic record numbers over the past 50 years. gender based pay discrimination involving gov- ried households with children, have both par- (2) Despite the enactment of the Equal Pay ents employed, which means these families ernment contractors. Act of 1963, many women continue to earn sig- (8) The Equal Employment Opportunity Com- would add $10,000 more to their family’s total nificantly lower pay than men for equal work. mission is the primary enforcement agency for earnings per year. These pay disparities exist in both the private claims made under the Equal Pay Act of 1963, Madam Chair, this bill makes good eco- and governmental sectors. and issues regulations and guidance on appro- nomic sense. Companies are recognizing the (3) In many instances, the pay disparities can priate interpretations of the law. benefits and the power of women’s increased only be due to continued intentional discrimina- (9) Vigorous implementation by the Depart- economic participation, and some have al- tion or the lingering effects of past discrimina- ment of Labor and the Equal Employment Op- ready enacted policies similar to those out- tion. After controlling for educational attain- portunity Commission, increased information as ment, occupation, industry, union status, race, lined in the Paycheck Fairness Act. Compa- a result of the amendments made by this Act, ethnicity, and labor force experience roughly 40 wage data, and more effective remedies, will en- nies like Staples and Amazon have ended in- percent of the pay gap remains unexplained. sure that women are better able to recognize and quiries into job applicants’ salary histories to (4) The existence of such pay disparities— enforce their rights. avoid importing prior pay discrimination into (A) depresses the wages of working families (10) Certain employers have already made their wage setting process. These moves are who rely on the wages of all members of the great strides in eradicating unfair pay dispari- directly aligned with the Paycheck Fairness family to make ends meet; ties in the workplace and their achievements Act’s provision banning reliance on salary his- (B) undermines women’s retirement security, should be recognized. which is often based on earnings while in the tory in determining future pay, so that prior SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY workforce; REQUIREMENTS. pay discrimination doesn’t follow workers from (C) prevents women from realizing their full (a) BONA FIDE FACTOR DEFENSE AND MODI- job to job. economic potential, particularly in terms of FICATION OF SAME ESTABLISHMENT REQUIRE- We have also seen a movement, spear- labor force participation and attachment; MENT.—Section 6(d)(1) of the Fair Labor Stand- headed by investors, to motivate companies to (D) has been spread and perpetuated, through ards Act of 1938 (29 U.S.C. 206(d)(1)) is amend- disclose their pay data. After a gender pay commerce and the channels and instrumental- ed— shareholder proposal from the investment ities of commerce, among the workers of the sev- (1) by striking ‘‘No employer having’’ and in- management firm Arjuna Capital, Citigroup eral States; serting ‘‘(A) No employer having’’; (E) burdens commerce and the free flow of (2) by striking ‘‘any other factor other than publicly released the results of its pay equity goods in commerce; sex’’ and inserting ‘‘a bona fide factor other review in 2018 covering a third of its global (F) constitutes an unfair method of competi- than sex, such as education, training, or experi- workforce, and another, more comprehensive tion in commerce; ence’’; and review, in 2019. This data release went even (G) tends to cause labor disputes, as evidenced (3) by inserting at the end the following: further than the Paycheck Fairness Act’s pro- by the tens of thousands of charges filed with ‘‘(B) The bona fide factor defense described in visions, which would only require that compa- the Equal Employment Opportunity Commission subparagraph (A)(iv) shall apply only if the em- nies give this summary information to the against employers between 2010 and 2016; ployer demonstrates that such factor (i) is not (H) interferes with the orderly and fair mar- based upon or derived from a sex-based differen- Equal Employment Opportunity Commission keting of goods in commerce; and tial in compensation; (ii) is job-related with re- (EEOC), not the public. (I) in many instances, may deprive workers of spect to the position in question; (iii) is con- According to a 2017 report from the Institute equal protection on the basis of sex in violation sistent with business necessity; and (iv) ac- for Women’s Policy Research, the poverty rate of the 5th and 14th Amendments to the Con- counts for the entire differential in compensa- for all working women would be cut in half if stitution. tion at issue. Such defense shall not apply

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A27MR7.022 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2861

where the employee demonstrates that an alter- (d) ACTION BY SECRETARY.—Section 16(c) of out by the Department of Labor that the Sec- native employment practice exists that would the Fair Labor Standards Act of 1938 (29 U.S.C. retary of Labor determines to be appropriate. serve the same business purpose without pro- 216(c)) is amended— (c) REPORT.—Not later than 18 months after ducing such differential and that the employer (1) in the first sentence— the date of enactment of this Act, and annually has refused to adopt such alternative practice. (A) by inserting ‘‘or, in the case of a violation thereafter, the Secretary of Labor, in consulta- ‘‘(C) For purposes of subparagraph (A), em- of section 6(d), additional compensatory or pu- tion with the Secretary of Education, shall pre- ployees shall be deemed to work in the same es- nitive damages, as described in subsection (b),’’ pare and submit to Congress a report describing tablishment if the employees work for the same before ‘‘and the agreement’’; and the activities conducted under this section and employer at workplaces located in the same (B) by inserting before the period the fol- evaluating the effectiveness of such activities in county or similar political subdivision of a lowing: ‘‘, or such compensatory or punitive achieving the purposes of this section. State. The preceding sentence shall not be con- damages, as appropriate’’; SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. strued as limiting broader applications of the (2) in the second sentence, by inserting before Not later than 18 months after the date of en- term ‘establishment’ consistent with rules pre- the period the following: ‘‘and, in the case of a actment of this Act, and periodically thereafter, scribed or guidance issued by the Equal Employ- violation of section 6(d), additional compen- the Secretary of Labor shall conduct studies and ment Opportunity Commission.’’. satory or punitive damages, as described in sub- provide information to employers, labor organi- (b) NONRETALIATION PROVISION.—Section 15 of section (b)’’; zations, and the general public concerning the the Fair Labor Standards Act of 1938 (29 U.S.C. (3) in the third sentence, by striking ‘‘the first means available to eliminate pay disparities be- 215) is amended— sentence’’ and inserting ‘‘the first or second sen- tween men and women, including— (1) in subsection (a)— tence’’; and (1) conducting and promoting research to de- (A) in paragraph (3), by striking ‘‘employee (4) in the sixth sentence— has filed’’ and all that follows and inserting velop the means to correct expeditiously the con- (A) by striking ‘‘commenced in the case’’ and ditions leading to the pay disparities; ‘‘employee— inserting ‘‘commenced— ‘‘(A) has made a charge or filed any complaint (2) publishing and otherwise making available ‘‘(1) in the case’’; to employers, labor organizations, professional or instituted or caused to be instituted any in- (B) by striking the period and inserting ‘‘; vestigation, proceeding, hearing, or action associations, educational institutions, the or’’; and media, and the general public the findings re- under or related to this Act, including an inves- (C) by adding at the end the following: tigation conducted by the employer, or has testi- sulting from studies and other materials, relat- ‘‘(2) in the case of a class action brought to ing to eliminating the pay disparities; fied or is planning to testify or has assisted or enforce section 6(d), on the date on which the participated in any manner in any such inves- (3) sponsoring and assisting State, local, and individual becomes a party plaintiff to the class community informational and educational pro- tigation, proceeding, hearing or action, or has action.’’. served or is planning to serve on an industry grams; SEC. 4. TRAINING. committee; or (4) providing information to employers, labor ‘‘(B) has inquired about, discussed, or dis- The Equal Employment Opportunity Commis- organizations, professional associations, and closed the wages of the employee or another em- sion and the Office of Federal Contract Compli- other interested persons on the means of elimi- ployee;’’; ance Programs, subject to the availability of nating the pay disparities; and (B) in paragraph (5), by striking the period at funds appropriated under section 11, shall pro- (5) recognizing and promoting the achieve- the end and inserting ‘‘; or’’; and vide training to Commission employees and af- ments of employers, labor organizations, and (C) by adding at the end the following: fected individuals and entities on matters in- professional associations that have worked to ‘‘(6) to require an employee to sign a contract volving discrimination in the payment of wages. eliminate the pay disparities. or waiver that would prohibit the employee from SEC. 5. NEGOTIATION SKILLS TRAINING. SEC. 7. ESTABLISHMENT OF THE NATIONAL disclosing information about the employee’s (a) PROGRAM AUTHORIZED.— AWARD FOR PAY EQUITY IN THE wages.’’; and (1) IN GENERAL.—The Secretary of Labor, WORKPLACE. (2) by adding at the end the following: after consultation with the Secretary of Edu- (a) IN GENERAL.—There is established the Sec- ‘‘(c) Subsection (a)(3)(B) shall not apply to in- cation, is authorized to establish and carry out retary of Labor’s National Award for Pay Eq- stances in which an employee who has access to a grant program. uity in the Workplace, which shall be awarded, the wage information of other employees as a (2) GRANTS.—In carrying out the program, the on an annual basis, to an employer to encour- part of such employee’s essential job functions Secretary of Labor may make grants on a com- age proactive efforts to comply with section 6(d) discloses the wages of such other employees to petitive basis to eligible entities to carry out ne- of the Fair Labor Standards Act of 1938 (29 individuals who do not otherwise have access to gotiation skills training programs for the pur- U.S.C. 206(d)), as amended by this Act. such information, unless such disclosure is in poses of addressing pay disparities, including (b) CRITERIA FOR QUALIFICATION.—The Sec- response to a complaint or charge or in further- through outreach to women and girls. retary of Labor shall set criteria for receipt of ance of an investigation, proceeding, hearing, or (3) ELIGIBLE ENTITIES.—To be eligible to re- the award, including a requirement that an em- action under section 6(d), including an inves- ceive a grant under this subsection, an entity ployer has made substantial effort to eliminate tigation conducted by the employer. Nothing in shall be a public agency, such as a State, a local pay disparities between men and women, and this subsection shall be construed to limit the government in a metropolitan statistical area (as deserves special recognition as a consequence of rights of an employee provided under any other defined by the Office of Management and Budg- such effort. The Secretary shall establish proce- provision of law.’’. et), a State educational agency, or a local edu- dures for the application and presentation of (c) ENHANCED PENALTIES.—Section 16(b) of the cational agency, a private nonprofit organiza- the award. Fair Labor Standards Act of 1938 (29 U.S.C. tion, or a community-based organization. (c) BUSINESS.—In this section, the term ‘‘em- 216(b)) is amended— (4) APPLICATION.—To be eligible to receive a ployer’’ includes— (1) by inserting after the first sentence the fol- grant under this subsection, an entity shall sub- (1)(A) a corporation, including a nonprofit lowing: ‘‘Any employer who violates section 6(d) mit an application to the Secretary of Labor at corporation; shall additionally be liable for such compen- such time, in such manner, and containing such (B) a partnership; satory damages, or, where the employee dem- information as the Secretary of Labor may re- (C) a professional association; onstrates that the employer acted with malice or quire. (D) a labor organization; and reckless indifference, punitive damages as may (5) USE OF FUNDS.—An entity that receives a (E) a business entity similar to an entity de- be appropriate, except that the United States grant under this subsection shall use the funds scribed in any of subparagraphs (A) through shall not be liable for punitive damages.’’; made available through the grant to carry out (D); (2) in the sentence beginning ‘‘An action to’’, an effective negotiation skills training program (2) an entity carrying out an education refer- by striking ‘‘the preceding sentences’’ and in- for the purposes described in paragraph (2). ral program, a training program, such as an ap- serting ‘‘any of the preceding sentences of this (b) INCORPORATING TRAINING INTO EXISTING prenticeship or management training program, subsection’’; (3) in the sentence beginning ‘‘No employees PROGRAMS.—The Secretary of Labor and the or a similar program; and shall’’, by striking ‘‘No employees’’ and insert- Secretary of Education shall issue regulations or (3) an entity carrying out a joint program, ing ‘‘Except with respect to class actions policy guidance that provides for integrating the formed by a combination of any entities de- brought to enforce section 6(d), no employee’’; negotiation skills training, to the extent prac- scribed in paragraph (1) or (2). (4) by inserting after the sentence referred to ticable, into programs authorized under— SEC. 8. COLLECTION OF PAY INFORMATION BY in paragraph (3), the following: ‘‘Notwith- (1) in the case of the Secretary of Education, THE EQUAL EMPLOYMENT OPPOR- standing any other provision of Federal law, the Elementary and Secondary Education Act of TUNITY COMMISSION. any action brought to enforce section 6(d) may 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Section 709 of the Civil Rights Act of 1964 (42 be maintained as a class action as provided by Career and Technical Education Act of 2006 (20 U.S.C. 2000e–8) is amended by adding at the end the Federal Rules of Civil Procedure.’’; and U.S.C. 2301 et seq.), the Higher Education Act of the following: (5) in the sentence beginning ‘‘The court in’’— 1965 (20 U.S.C. 1001 et seq.), and other programs ‘‘(f)(1) Not later than 18 months after the date (A) by striking ‘‘in such action’’ and inserting carried out by the Department of Education of enactment of this subsection, the Commission ‘‘in any action brought to recover the liability that the Secretary of Education determines to be shall provide for the collection from employers prescribed in any of the preceding sentences of appropriate; and of compensation data and other employment-re- this subsection’’; and (2) in the case of the Secretary of Labor, the lated data (including hiring, termination, and (B) by inserting before the period the fol- Workforce Innovation and Opportunity Act (29 promotion data) disaggregated by the sex, race, lowing: ‘‘, including expert fees’’. U.S.C. 3101 et seq.), and other programs carried and ethnic identity of employees.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A27MR7.024 H27MRPT1 H2862 CONGRESSIONAL RECORD — HOUSE March 27, 2019 ‘‘(2) In carrying out paragraph (1), the Com- ‘‘(ii) for any other purpose that the Commis- rely on wage history if it is voluntarily provided mission shall have as its primary consideration sion determines appropriate. by a prospective employee, after the employer the most effective and efficient means for en- ‘‘(G) The Commission shall annually make makes an offer of employment with an offer of hancing the enforcement of Federal laws pro- publicly available aggregate compensation data compensation to the prospective employee, to hibiting pay discrimination. For this purpose, collected under paragraph (1) for the categories support a wage higher than the wage offered by the Commission shall consider factors including described in subparagraph (E), disaggregated by the employer; the imposition of burdens on employers, the fre- industry, occupation, and core based statistical ‘‘(3) seek from a prospective employee or any quency of required reports (including the size of area (as defined by the Office of Management current or former employer the wage history of employers required to prepare reports), appro- and Budget).’’. the prospective employee, except that an em- priate protections for maintaining data con- SEC. 9. REINSTATEMENT OF PAY EQUITY PRO- ployer may seek to confirm prior wage informa- fidentiality, and the most effective format to re- GRAMS AND PAY EQUITY DATA COL- tion only after an offer of employment with port such data. LECTION. compensation has been made to the prospective ‘‘(3)(A) For each 12-month reporting period (a) BUREAU OF LABOR STATISTICS DATA COL- employee and the prospective employee responds for an employer, the compensation data col- LECTION.—The Commissioner of Labor Statistics to the offer by providing prior wage information lected under paragraph (1) shall include, for shall continue to collect data on women workers to support a wage higher than that offered by each range of taxable compensation described in in the Current Employment Statistics survey. the employer; or subparagraph (B), disaggregated by the cat- (b) OFFICE OF FEDERAL CONTRACT COMPLI- ‘‘(4) discharge or in any other manner retali- egories described in subparagraph (E)— ANCE PROGRAMS INITIATIVES.—The Director of ate against any employee or prospective em- ‘‘(i) the number of employees of the employer the Office of Federal Contract Compliance Pro- ployee because the employee or prospective em- who earn taxable compensation in an amount grams shall ensure that employees of the Of- ployee— that falls within such taxable compensation fice— ‘‘(A) opposed any act or practice made unlaw- range; and (1)(A) shall use the full range of investigatory ful by this section; or ‘‘(ii) the total number of hours worked by tools at the Office’s disposal, including pay ‘‘(B) took an action for which discrimination such employees. grade methodology; is forbidden under section 15(a)(3). ‘‘(B) Subject to adjustment under subpara- (B) in considering evidence of possible com- ‘‘(b) DEFINITION.—In this section, the term graph (C), the taxable compensation ranges de- pensation discrimination— ‘wage history’ means the wages paid to the pro- scribed in this subparagraph are as follows: (i) shall not limit its consideration to a small spective employee by the prospective employee’s ‘‘(i) Not more than $19,239. number of types of evidence; and current employer or previous employer.’’. ‘‘(ii) Not less than $19,240 and not more than (ii) shall not limit its evaluation of the evi- (b) PENALTIES.—Section 16 of such Act (29 $24,439. dence to a small number of methods of evalu- U.S.C. 216) is amended by adding at the end the ‘‘(iii) Not less than $24,440 and not more than ating the evidence; and following new subsection: $30,679. (C) shall not require a multiple regression ‘‘(f)(1) Any person who violates the provisions ‘‘(iv) Not less than $30,680 and not more than analysis or anecdotal evidence for a compensa- of section 8 shall— $38,999. tion discrimination case; ‘‘(A) be subject to a civil penalty of $5,000 for ‘‘(v) Not less than $39,000 and not more than (2) for purposes of its investigative, compli- a first offense, increased by an additional $1,000 $49,919. ance, and enforcement activities, shall define for each subsequent offense, not to exceed ‘‘(vi) Not less than $49,920 and not more than ‘‘similarly situated employees’’ in a way that is $10,000; and $62,919. consistent with and not more stringent than the ‘‘(B) be liable to each employee or prospective ‘‘(vii) Not less than $62,920 and not more than definition provided in item 1 of subsection A of employee who was the subject of the violation $80,079. section 10–III of the Equal Employment Oppor- for special damages not to exceed $10,000 plus ‘‘(viii) Not less than $80,080 and not more than tunity Commission Compliance Manual (2000), attorneys’ fees, and shall be subject to such in- $101,919. and shall consider only factors that the Office’s ‘‘(ix) Not less than $101,920 and not more than junctive relief as may be appropriate. investigation reveals were used in making com- ‘‘(2) An action to recover the liability de- $128,959. pensation decisions; and ‘‘(x) Not less than $128,960 and not more than scribed in paragraph (1)(B) may be maintained (3) shall implement a survey to collect com- against any employer (including a public agen- $163,799. pensation data and other employment-related ‘‘(xi) Not less than $163,800 and not more than cy) in any Federal or State court of competent data (including hiring, termination, and pro- $207,999. jurisdiction by any one or more employees or motion data) and designate not less than half of ‘‘(xii) Not less than $208,000. prospective employees for and on behalf of— ‘‘(C) The Commission may adjust the taxable all nonconstruction contractor establishments ‘‘(A) the employees or prospective employees; compensation ranges under subparagraph (B)— each year to prepare and file such survey, and and ‘‘(i) if the Commission determines that such shall review and utilize the responses to such ‘‘(B) other employees or prospective employees adjustment is necessary to enhance enforcement survey to identify contractor establishments for similarly situated.’’. of Federal laws prohibiting pay discrimination; further evaluation and for other enforcement SEC. 11. AUTHORIZATION OF APPROPRIATIONS. purposes as appropriate. or (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) for inflation, in consultation with the (c) DEPARTMENT OF LABOR DISTRIBUTION OF There are authorized to be appropriated such Bureau of Labor Statistics. WAGE DISCRIMINATION INFORMATION.—The Sec- sums as may be necessary to carry out this Act. retary of Labor shall make readily available (in ‘‘(D) In collecting data described in subpara- (b) PROHIBITION ON EARMARKS.—None of the graph (A)(ii), the Commission shall provide that, print, on the Department of Labor website, and funds appropriated pursuant to subsection (a) with respect to an employee who the employer is through any other forum that the Department for purposes of the grant program in section 5 of not required to compensate for overtime employ- may use to distribute compensation discrimina- this Act may be used for a congressional ear- ment under section 7 of the Fair Labor Stand- tion information), accurate information on com- mark as defined in clause 9(e) of rule XXI of the ards Act of 1938 (29 U.S.C. 207), an employer pensation discrimination, including statistics, Rules of the House of Representatives. explanations of employee rights, historical anal- may report— SEC. 12. SMALL BUSINESS ASSISTANCE. ‘‘(i) in the case of a full-time employee, that yses of such discrimination, instructions for em- ployers on compliance, and any other informa- (a) EFFECTIVE DATE.—This Act and the such employee works 40 hours per week, and in amendments made by this Act shall take effect the case of a part-time employee, that such em- tion that will assist the public in understanding and addressing such discrimination. on the date that is 6 months after the date of ployee works 20 hours per week; or enactment of this Act. SEC. 10. PROHIBITIONS RELATING TO PROSPEC- ‘‘(ii) the actual number of hours worked by (b) TECHNICAL ASSISTANCE MATERIALS.—The such employee. TIVE EMPLOYEES’ SALARY AND BEN- EFIT HISTORY. Secretary of Labor and the Commissioner of the ‘‘(E) The categories described in this subpara- Equal Employment Opportunity Commission graph shall be determined by the Commission (a) IN GENERAL.—The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by shall jointly develop technical assistance mate- and shall include— rial to assist small enterprises in complying with ‘‘(i) race; inserting after section 7 the following new sec- the requirements of this Act and the amend- ‘‘(ii) ethnic identity; tion: ments made by this Act. ‘‘(iii) sex; and ‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RE- (c) SMALL BUSINESSES.—A small enterprise ‘‘(iv) job categories, including the job cat- LATING TO WAGE, SALARY, AND BEN- egories described in the instructions for the EFIT HISTORY. shall be exempt from the provisions of this Act, Equal Employment Opportunity Employer Infor- ‘‘(a) IN GENERAL.—It shall be an unlawful and the amendments made by this Act, to the mation Report EEO-1, as in effect on the date of practice for an employer to— same extent that such enterprise is exempt from the enactment of this subsection. ‘‘(1) rely on the wage history of a prospective the requirements of the Fair Labor Standards ‘‘(F) The Commission shall use the compensa- employee in considering the prospective em- Act of 1938 (29 U.S.C. 201 et seq.) pursuant to tion data collected under paragraph (1)— ployee for employment, including requiring that clauses (i) and (ii) of section 3(s)(1)(A) of such ‘‘(i) to enhance— a prospective employee’s prior wages satisfy Act (29 U.S.C. 203(s)(1)(A)). ‘‘(I) the investigation of charges filed under minimum or maximum criteria as a condition of SEC. 13. RULE OF CONSTRUCTION. section 706 or section 6(d) of the Fair Labor being considered for employment; Nothing in this Act, or in any amendments Standards Act of 1938 (29 U.S.C. 206(d)); and ‘‘(2) rely on the wage history of a prospective made by this Act, shall affect the obligation of ‘‘(II) the allocation of resources to investigate employee in determining the wages for such pro- employers and employees to fully comply with such charges; and spective employee, except that an employer may all applicable immigration laws, including being

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A27MR7.024 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2863 subject to any penalties, fines, or other sanc- It is appropriate to compare the pay tion persists, and, at times, it occurs in tions. data collection provisions in H.R. 7 to stealth ways that cannot be easily de- SEC. 14. SEVERABILITY. the 2016 Obama scheme because H.R. 7, tected. That, in fact, is a key reason If any provision of this Act, an amendment as modified by the Scott amendment why I oppose this amendment. made by this Act, or the application of that pro- printed in part A of the Rules Com- Keeping this bill intact is necessary vision or amendment to particular persons or to prevent the kind of unfair discrimi- circumstances is held invalid or found to be un- mittee report, codifies much of the 2016 constitutional, the remainder of this Act, the Obama administration mandate. In nation that occurs when one employee amendments made by this Act, or the applica- fact, H.R. 7 now includes 12 pay bands, is compensated less than another de- tion of that provision to other persons or cir- the same number as in the Obama man- spite doing the same job just as well cumstances shall not be affected. date, at the exact dollar amounts that for just as long and with the same cre- The CHAIR. No amendment to that were part of the Obama mandate. dentials. amendment in the nature of a sub- Incredibly, H.R. 7’s employee pay I worked in the private sector for 13 stitute shall be in order except those data mandate is even more extreme years before coming to Congress. I printed in part B of House Report 116– than the Obama proposal. In addition know firsthand that unfair pay dispari- 19. Each such amendment may be of- to collecting reams of employee pay ties still occur. Across industries, I worked with em- fered only in the order printed in the data, the bill requires the EEOC to col- ployers to confront this inequality, to lect hiring, termination, and pro- report, by a Member designated in the bring more women to the decision- motion data. How the EEOC would col- report, shall be considered as read, making table and create work environ- shall be debatable for the time speci- lect this kind of data and how business ments where people of any sex, gender, fied in the report equally divided and owners would comply is anyone’s race, or ethnicity were truly empow- controlled by the proponent and an op- guess. ered. ponent, shall not be subject to amend- As with the previous scheme to ex- Pay discrimination derails a work- ment, and shall not be subject to a de- pand the EEO–1, H.R. 7’s provision place. It holds back talent and under- mand for division of the question. raises many concerns. For one, H.R. 7 mines trust, a toxic mix for any busi- AMENDMENT NO. 1 OFFERED BY MS. FOXX OF would pose significant threats to the ness. NORTH CAROLINA confidentiality and privacy of em- A key component of the Paycheck The CHAIR. It is now in order to con- ployee pay data. For instance, the Fairness Act requires that the Equal sider amendment No. 1 printed in part EEOC shares the EEO–1 data with the Employment Opportunity Commission B of House Report 116–19. Department of Labor, which, in certain collect wage data, disaggregated by Ms. FOXX of North Carolina. Madam situations, might release data even if sex, race, and national origin. This pro- Chair, I have an amendment at the the EEOC would not. vision is particularly necessary to re- desk. Moreover, time and again we have spond to the administration’s attempt The CHAIR. The Clerk will designate seen massive and harmful data to block the EEOC from collecting the amendment. breaches of Federal agencies. Requir- data. The text of the amendment is as fol- ing the EEOC to collect pay data would Earlier this month, the National lows: create yet another valuable target, and Women’s Law Center won an important Strike section 8. H.R. 7 fails to adequately address the case to reinstate the EEOC’s ability to The CHAIR. Pursuant to House Reso- need for protection of employee data. collect this data. Nevertheless, attacks lution 252, the gentlewoman from As with the Obama EEO–1 scheme, I on collecting data of this type con- North Carolina (Ms. FOXX) and a Mem- also have concern regarding the data’s tinue. We should not make it easier to ber opposed each will control 5 min- lack of usefulness and whether the hide pay discrimination. utes. EEOC would be able to appropriately This provision is necessary to ensure The Chair recognizes the gentle- manage and interpret the massive that equal work does, in fact, lead to woman from North Carolina. amounts of employee pay data it would equal pay. It will reveal trends in hir- Ms. FOXX of North Carolina. Madam collect. I have already mentioned the ing, compensation, and advancement, Chair, I yield myself such time as I burden of such a collection on employ- and it will expose sex-segregated jobs, may consume. ers. and unequal salaries, benefits, or bo- In 2016, the Obama administration For all these reasons, this amend- nuses. proposed adding employee pay data to ment strikes the invasive, risky, and This provision is a critical compo- the EEO–1 report, which is filed by cer- burdensome provision requiring the nent of the bill, and I urge my col- tain employers specifying employee EEOC to collect employee compensa- leagues to oppose the amendment and data by job category, ethnicity, race, tion data from employers broken down keep the bill intact. Madam Chair, I yield to the gen- and sex. by race, sex, and ethnicity. I urge my After strong concerns were raised tleman from Virginia (Mr. SCOTT). colleagues to vote in favor of this Mr. SCOTT of Virginia. Madam about this misguided proposal by con- amendment. Chair, I include in the RECORD a letter gressional Republicans, the Office of Madam Chair, I yield back the bal- from the International Federation of Management and Budget stopped it ance of my time. Professional and Technical Engineers from going forward in August 2017. A Mrs. TRAHAN. Madam Chair, I claim in support of this legislation. Federal district court recently over- the time in opposition. turned OMB’s stay on the data collec- The CHAIR. The gentlewoman from INTERNATIONAL FEDERATION OF PRO- FESSIONAL & TECHNICAL ENGI- Massachusetts is recognized for 5 min- tion, which the administration will NEERS, AFL-CIO & CLC, likely appeal. utes. Washington, DC, March 26, 2019. The Obama administration scheme Mrs. TRAHAN. Madam Chair, before DEAR REPRESENTATIVE, On behalf of the would have imposed an extremely cost- addressing the pending amendment, I 90,000 members represented by the Inter- ly and uniquely burdensome mandate want to thank the gentleman from Vir- national Federation of Professional and on business owners, providing reams of ginia (Mr. SCOTT) for his leadership and Technical Engineers (IFPTE), we are writing proprietary data to the government for also express my profound appreciation in support of H.R. 7, the Paycheck Fairness Act. Sponsored by Congresswoman Rosa uses which were never adequately ex- for my friend from Connecticut. She DeLauro, this legislation will amend the plained. has been a tireless champion over the Fair Labor Standards Act of 1938 to provide The Obama EEO–1 mandate would years for equal pay on behalf of those more effective remedies to victims of gender- have increased the data fields provided who have been discriminated against based discrimination in the payment of by employers in each EEO report twen- unfairly. wages. With a floor vote scheduled this week, tyfold, from 180 to 3,660. It was also es- Madam Chair, I imagine that most of IFPTE urges you to vote for H.R. 7. timated that adding employee pay data us agree that unfair pay discrimination Today, women earn 80 cents to every one dollar earned by their male counterparts. It to the EEO–1 form would have brought needs to be stopped. Unfortunately, de- is even worse for African-American women, the overall cost to employers of sub- spite the progress we have made in of- who earn only 61 cents on the dollar com- mitting the report to approximately fering greater opportunities to more pared to white non-Hispanic men, while His- $700 million annually. and more Americans, pay discrimina- panic and Latina women earn only 53 cents

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.024 H27MRPT1 H2864 CONGRESSIONAL RECORD — HOUSE March 27, 2019 on the dollar compared to white non-His- women entering the workforce, but issues of pay parity among historically panic men. While these glaring differences let’s compensate them fairly for their underserved groups. should be unacceptable in any day and age, work, and let’s use data to inform our My first amendment changes the the impact is even greater today with pov- decisions. findings section of the Paycheck Fair- erty rates among women recently reaching Madam Chair, I urge my colleagues their highest peak in nearly two decades. ness Act to recognize the devastating The problem of unequal pay for equal work to oppose the amendment and support impacts the wage gap has on women of spans every sector and all educational levels. the underlying bill, and I yield back color. We must acknowledge that the According to a 2017 Department of Profes- the balance of my time. wage gap is not color blind. By failing sional Employees (DPE, AFL-CIO) fact sheet, The CHAIR. The question is on the to recognize the specific effect the Professional Women: A Gendered Look at In- amendment offered by the gentle- wage gap has on women and girls of equality in the U.S. Workforce, women with a woman from North Carolina (Ms. color, these impacts might go unno- bachelor’s degree or higher earned $1,230 in FOXX). ticed. median weekly wages in 2015, while men with The amendment was rejected. a comparable education earned $1,420. The Madam Chair, I reserve the balance AMENDMENT NO. 2 OFFERED BY MRS. TORRES OF DPE fact sheet also looked at wage dispari- of my time. CALIFORNIA ties per occupational category and found Ms. FOXX of North Carolina. Madam that, without exception, women’s wages lag The CHAIR. It is now in order to con- Chair, I rise in opposition to the far behind men. Despite comprising 55 per- sider amendment No. 2 printed in part amendment. cent of workers in professional and related B of House Report 116–19. The CHAIR. The gentlewoman is rec- occupations, women in those professions Mrs. TORRES of California. Madam ognized for 5 minutes. earn 28 percent less than men. Chair, I have an amendment at the Ms. FOXX of North Carolina. Madam The Paycheck Fairness Act is aimed at desk. Chair, my colleague just said that closing the pay discrimination gap by The CHAIR. The Clerk will designate strengthening the Equal Pay Act of 1963. Latina women are being paid 53 cents the amendment. for every dollar a White man earns for This legislation will: The text of the amendment is as fol- Clarify acceptable reasons for differences the same work. That is currently ille- in pay to ensure that a wage gap is legiti- lows: gal and should be reported. mate and truly a result of factors other than Page 1, line 12, add at the end the fol- My colleague may want to amend her gender; lowing: ‘‘Pay disparities are especially se- vere for women and girls of color.’’. statement on that, but I want to say Allow for reasonable comparisons between again, paying a woman less than a man employees to determine fair wages; The CHAIR. Pursuant to House Reso- when they are both doing the same Prohibit employer retaliation against lution 252, the gentlewoman from Cali- workers who inquire about employee wages work is abhorrent and illegal. fornia (Mrs. TORRES) and a Member op- Women deserve equal pay for equal in general, or disclose their own wage; posed each will control 5 minutes. Provide women with the option to proceed work. That is why two Federal laws The Chair recognizes the gentle- in an opt-out class action lawsuit and allow prohibit pay discrimination based on women to receive punitive and compensatory woman from California. Mrs. TORRES of California. Madam sex. damages for pay discrimination; What Congress should be looking at Increase training for Equal Employment Chair, I rise today to offer an amend- are ways to expand opportunities for Opportunity Commission (EEOC) staff to ment to H.R. 7, the Paycheck Fairness better identify and handle wage disputes; Act, and I strongly support H.R. 7 and women in the workplace. H.R. 7, how- Require EEOC to develop regulations di- any effort to address the gender wage ever, does nothing to help women. In- recting employers to collect wage data; gap in this country. stead, it is written to help trial law- Require the Department of Labor to rein- A terrible disparity exists in our yers. state activities that promote equal pay (i.e. Rather than treating sex discrimina- educational programs, technical assistance country. Women on average make 80 cents to every dollar made by their tion charges with the seriousness they to employers, promoting research about pay deserve, H.R. 7 is designed to make it disparities between men and women); and, White male counterpart. What is worse Establish salary negotiation skills training is that it is not getting any better. easier for trial lawyers to bring more for women and girls. Last year, the gender wage gap actu- suits of questionable validity, which The Paycheck Fairness Act is a long over- ally grew for women of color. For every will siphon off money from settlements due bill to help close the pay gap suffered by dollar made by their non-Hispanic and jury awards to line the pockets of women workers. IFPTE urges you to support White male counterpart, an African trial lawyers. H.R. 7. As we have said before, H.R. 7 offers Sincerely, American woman makes 61 cents, a Na- tive American woman makes 58 cents, no new or meaningful protections PAUL SHEARON, against pay discrimination. President. and women who look like me, Latinas, The findings section in H.R. 7 to MATTHEW BIGGS, make 53 cents on the dollar for similar Secretary-Treasurer/ work. That is less than the average which this amendment is added already Legislative Director. woman in the 1960s. discusses women in the workplace and Mrs. TRAHAN. Madam Chair, report- Do I not work just as hard as my implies that the gender pay gap is ing this data allows the EEOC to see male counterparts? Do I deserve to largely caused by discriminatory acts. which employers have racial or gender make 53 cents on the dollar? And do I However, economic studies conducted pay gaps that differ significantly from not have to support my family just as by government and private entities the pay patterns of other employers in much as any man? alike consistently show that women their industry and region. Because of the gender pay gap, make more holistic and discerning To be clear, this pay data will not Latinas lose an average of $28,386. That choices than men about managing conclusively establish that any em- amounts to more than $1 million over work-life demands, placing an equal ployer is violating the law, and it isn’t her career. and sometimes higher value on life fac- intended to. What it will do is aggre- To earn the same amount as her tors besides their paycheck as they gate millions of data points to estab- White non-Hispanic male colleagues, a make decisions about hours worked, lish gender and racial pay patterns Black woman must work until she is 86 overtime pursued, and promotions within job categories, industries, and years old. You cannot get those hours sought. localities, allowing identification of back, those years back, or those dec- Those values and choices should be firms that significantly depart from ades back. honored, Madam Chair. As such, the those benchmarks that may warrant The gender wage gap contributes to a gender pay gap significantly shrinks further analysis. wealth of disparity that makes it hard- when these choices and factors are er for people of color to get ahead. taken into account. b 1515 In 2013, the median White household Pay discrimination is a serious issue, Simply put, we cannot end unfair pay had about $134,000 in total wealth. For but I do not believe this amendment discrimination if we don’t have the the median Black household, it is will improve the bill or help to address data. $11,000. That is a 13-to-1 ratio. pay discrimination in the workplace. I join my colleague from North Caro- Addressing the gender wage gap is Madam Chair, I urge a ‘‘no’’ vote, and lina in celebrating a record number of the first step to addressing larger I reserve the balance of my time.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.040 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2865 Mrs. TORRES of California. Madam less than their male counterparts for We want to ensure the laws prohib- Chair, I am prepared to close. the same type of work. I know this be- iting pay discrimination are effective. Madam Chair, my amendment shines cause it happened to me. However, this amendment, and the un- a light on the plight of women and One of my very first jobs was in a derlying provision in H.R. 7, are not girls of color and sets the tone to take male-dominated industry, selling steel. going to be helpful in this regard. their struggle into account throughout It didn’t matter that I performed as We should strive to provide women the rest of the bill. well, if not better, than my male col- and all workers more freedom, flexi- My colleagues on the other side of leagues. It didn’t matter that I sold bility, and opportunities. I do not be- the aisle might have never heard about steel in three languages while they sold lieve this amendment will help us retaliation, about blacklisting. When in just one. I would do my own data achieve that goal. women have the courage to come for- entry to get the job done, while they Madam Chair, I urge my colleagues ward and report these wage thefts and relied on an assistant. And when I to oppose it, and I reserve the balance abuses, they are treated differently needed to rush a shipment, I was not of my time. under current law. That is why this bill afraid to walk into the warehouse, pick Mrs. TORRES of California. Madam is important. That is why this amend- the material, pack it, and send it to my Chair, my amendment will expand the ment is important. customer. I was still paid less. Paycheck Fairness Act to ensure the Madam Chair, I would like to thank I had to leave that job that I loved Secretary of Labor is paying attention the gentlewoman from Connecticut because I wasn’t getting my fair share. to specific issues and researching the (Ms. DELAURO) for introducing this It was a shame then and it is a shame wage gap; educating employers, the bill, for her dedication to fair pay. today. media, and labor organizations on Madam Chair, I urge my colleagues On average, Latinas still get paid 53 these findings, specifically high- to support my amendment, and I yield cents to every dollar made by their lighting the impact on underrep- back the balance of my time. White male colleagues for the same resented groups; ensuring minorities Ms. FOXX of North Carolina. Madam type of work. are included in informational and edu- Chair, again I say, Republicans abhor Today, we can act to change this. By cational outreach programs; and cele- any type of discrimination, particu- passing the Paycheck Fairness Act brating the accomplishments of em- larly pay discrimination against with my amendment, maybe young ployers who are leading the way to spe- women. Latinas and other women of color will cifically address the gender gap issue Madam Chair, if H.R. 7 would help not have to suffer and share my experi- for women of color. with the situation that my colleague ence. By paying specific attention to described, we would be in favor of it. Madam Chair, I reserve the balance women of color in their research, No woman should be discriminated of my time. maybe, one day, we can fill that gap to against because she reports the fact Ms. FOXX of North Carolina. Madam recognize that diversity of perspective that she is receiving unequal pay for Chair, I rise in opposition to the can be an asset. work, but, again, H.R. 7 does nothing amendment. I wonder how different my experience The CHAIR. The gentlewoman is rec- to help those situations. That is why would have been if the Paycheck Fair- ognized for 5 minutes. ness Act would have been in place at we oppose it. Ms. FOXX of North Carolina. Madam the time. Would I still have become a Madam Chair, H.R. 7 is not helping Chair, women deserve equal pay for homeowner? Maybe. Would I still have women; it is helping trial lawyers. I equal work. In America, it is law codi- been a successful mother of three sons? urge my colleagues to vote ‘‘no’’ on the fied in the Equal Pay Act and the Civil Maybe. Would I have been able to af- amendment, and I yield back the bal- Rights Act. ford to pay for childcare? Maybe. These ance of my time. Unfortunately, H.R. 7 is a false prom- are the things that women in business The CHAIR. The question is on the ise that creates opportunities and ad- and the workforce are having to deal amendment offered by the gentle- vantages for trial lawyers, not for with every single day. woman from California (Mrs. TORRES). working women, and the bill already Madam Chair, I yield back the bal- The amendment was agreed to. requires new government studies. AMENDMENT NO. 3 OFFERED BY MRS. TORRES OF ance of my time. CALIFORNIA b 1530 Ms. FOXX of North Carolina. Madam The CHAIR. It is now in order to con- H.R. 7 allows for undocumented com- Chair, I want to say, again: no one in sider amendment No. 3 printed in part pensatory and punitive damages, ex- the workplace should be discriminated B of House Report 116–19. pands class actions, and makes it im- against. No woman of color, no woman, Mrs. TORRES of California. Madam possible to defend against a claim, should be discriminated against. Re- Chair, I have an amendment at the when the pay difference at issue is le- publicans are opposed to any discrimi- desk. gitimate. But the bill does not offer nation, in pay or otherwise, but H.R. 7 The CHAIR. The Clerk will designate new protections for workers against is not going to fix that. If it were, we the amendment. pay discrimination. would be on board. The text of the amendment is as fol- Both government and nongovern- Madam Chair, I yield back the bal- lows: ment studies have shown that the gen- ance of my time. Page 14, line 3, insert ‘‘, with specific at- der pay gap significantly shrinks when The CHAIR. The question is on the tention paid to women and girls from his- certain choices and factors are in- amendment offered by the gentle- torically underrepresented and minority cluded, such as choices made in man- woman from California (Mrs. TORRES). groups’’ after ‘‘disparities’’. aging work-life demands. The amendment was agreed to. The CHAIR. Pursuant to House Reso- For example, a recent Harvard Uni- AMENDMENT NO. 4 OFFERED BY MR. BYRNE lution 252, the gentlewoman from Cali- versity study found that the gap in pay The CHAIR. It is now in order to con- fornia (Mrs. TORRES) and a Member op- between female and male bus and train sider amendment No. 4 printed in part posed each will control 5 minutes. operators working for the Massachu- B of House Report 116–19. The Chair recognizes the gentle- setts Bay Transportation Authority Mr. BYRNE. Madam Chair, I have an woman from California. was explained by the workplace choices amendment at the desk. Mrs. TORRES of California. Madam that women and men make, rather The CHAIR. The Clerk will designate Chair, I rise today to offer a second than other factors such as discrimina- the amendment. amendment to H.R. 7, the Paycheck tion. The Harvard study is noteworthy The text of the amendment is as fol- Fairness Act. because the workplace characteristics lows: This amendment ensures that women of the female operators are entirely Amend section 3(a)(2) to read as follows: and girls of color are included in the comparable to their male operators. (2) by striking ‘‘any other factor other research, education, and outreach done All of the operators are represented by than sex’’ and inserting ‘‘a bona fide busi- ness-related reason other than sex’’; and by the Secretary of Labor. the same union, and all are covered by Page 6, strike lines 9 through 20. The sad truth is that women, espe- the same collective bargaining agree- Page 6, line 21, strike ‘‘(C)’’ and insert cially women of color, are still paid ment. ‘‘(B)’’.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.061 H27MRPT1 H2866 CONGRESSIONAL RECORD — HOUSE March 27, 2019 The CHAIR. Pursuant to House Reso- discrimination. This amendment does Mr. BYRNE. Mr. Chairman, I appre- lution 252, the gentleman from Ala- the same thing. ciate what the gentlewoman had to bama (Mr. BYRNE) and a Member op- My Republican colleagues’ sugges- say. I was listening very carefully to posed each will control 5 minutes. tion that the Paycheck Fairness Act her. I think she does have it confused, The Chair recognizes the gentleman eliminates the ‘‘factor other than sex’’ however, because it does inject an addi- from Alabama. defense is contradicted by the text of tional burden for employers that is not Mr. BYRNE. Madam Chair, I yield this bill. An employer may still raise a in the law right now and it does pro- myself such time as I may consume. ‘‘factor other than sex’’ defense pro- vide a ton of unclarity with regard to Madam Chair, this amendment adds vided that the ‘‘factor other than sex’’ what they are going to have to do to the language ‘‘a bona fide business-re- be bona fide, job related, and required comply with it. And I think my use of lated reason’’ to make clear to the by business necessity. the bona fide business-related reason is courts that the factor other than sex This amendment’s attempt to strike going to inject the clarity we need and defense in the Equal Pay Act cannot be section (3)(a)(3), which explains what actually protect plaintiffs more than used as a loophole or excuse for using constitutes a bona fide factor, is an at- what is in the bill. sex as a factor. tempt to create ambiguity so that Mr. Chairman, I reserve the balance This amendment additionally strikes courts continue to interpret the act’s of my time. the remaining provisions of the under- protection in a narrow way. Ms. WILD. Mr. Chairman, I think it lying bill relating to applications of This bill provides necessary clarity is important, given that we are having the factor other than sex defense. that this bona fide factor defense is a discussion here over who understands These unnecessary provisions require only available when there is a real the text of the bill, to read it directly that, even when an employer already business necessity. This bill ensures into the RECORD. shows the factor is other than sex, it that there is a connection between the ‘‘The bona fide factor defense, de- must meet additional illogical and in- pay disparity and the specific job in scribed in subparagraph (A)(iv) shall surmountable burdens, effectively pav- question. This amendment is contrary apply only if the employer dem- ing an unimpeded path to the promise to the congressional intent of the un- onstrates that such factor (i) is not of unlimited punitive and compen- derlying bill, and I urge my colleagues based upon or derived from a sex-based satory damages for trial lawyers. In sum, this amendment strengthens to vote ‘‘no.’’ differential in compensation; (ii) is job current law and eliminates the new and Mr. Chair, I reserve the balance of related with respect to the position in untested concepts the underlying bill my time. question; (iii) is consistent with busi- Mr. BYRNE. Mr. Chair, I was listen- imposes on employers. It would make ness necessity; and, (iv) accounts for ing to the gentlewoman talk and I it impossible for an employer to defend the entire differential in compensation don’t know that she has read my any difference in pay, even when based at issue.’’ amendment, because my amendment on any number of legitimate job-re- It is very clearly set forth in the actually solves the problem that she lated factors. text. Madam Chair, I reserve the balance poses. There are some circuits that Mr. Chairman, I, therefore, continue of my time. have given opinions just exactly as she to urge my colleagues to vote ‘‘no’’ on Ms. WILD. Madam Chair, I rise in op- said. What my amendment does is sub- the Byrne amendment, and I reserve position to the Byrne amendment. stitute for those decisions the bona fide the balance of my time. The CHAIR. The gentlewoman from business-related reason, which has been Mr. BYRNE. Mr. Chairman, I have Pennsylvania is recognized for 5 min- decided by a number of circuits. It is great respect for the gentlewoman. I utes. very clear. There is nothing amorphous don’t think she understands what that Ms. WILD. Madam Chair, don’t be about it. Practitioners in this area, language actually means, how it has mistaken. This amendment is a clear like myself, understand exactly what it actually been interpreted by the attempt to undermine the fundamental means. It actually solves the problem courts, and how it may be totally mis- objectives of the Paycheck Fairness posed by the gentlewoman and makes interpreted against plaintiffs in these Act, which are to engender pay dis- it a lot better than what is in the un- types of lawsuits. parity by, in part, further clarifying derlying bill. What my amendment does is actually congressional intent so that courts can The problem with the underlying bill strengthen the hand of parties that no longer dismiss meritorious claims. is that it injects amorphous new things have a clear understanding of what The Paycheck Fairness Act fixes cur- that we don’t have any idea what they they are trying to accomplish there, ei- rent employment discrimination and would mean. What my amendment does ther the plaintiffs or the defendants. It pay discrimination laws, laws that is it actually makes it clear and solves is an improvement in the bill for plain- have proven insufficient, given that the very problem that she stated in her tiffs and defendants. We should all be women still earn 80 cents on the dollar presentation. for this, not against it. I don’t want to compared to similarly situated White Mr. Chairman, I reserve the balance go tit for tat with her on everything, men. And, of course, the disparity for of my time. but I do think she misunderstands both women of color is even greater. Ms. WILD. Mr. Chairman, this bill the amendment and the underlying Under the current Equal Pay Act, an clarifies that the ‘‘factor other than bill. employer is not liable for gender pay sex’’ is only available on a bona fide Mr. Chairman, I reserve the balance disparity if the disparity is due to job-related and business necessary rea- of my time. merit, seniority, quality of production son. Ms. WILD. Mr. Chairman, I think it or ‘‘a factor other than sex.’’ Some It clarifies that this defense is not is my colleague from Alabama who is courts have interpreted the ‘‘factor available where the employee dem- confused about the wording of this other than sex’’ criteria so broadly onstrates that a reasonable alternative text. His amendment would specifically that it frustrates the codified intent of employment practice would serve the eliminate the wording that I just read the Equal Pay Act. same business purpose without pro- into the RECORD. For instance, some courts have found ducing a pay disparity and that the Mr. Chairman, I reserve the balance that the ‘‘factor other than sex’’ need employer refused to adopt such an al- of my time. not be business related or even related ternative practice. Mr. BYRNE. Mr. Chairman, how to the particular job in question. Some Carefully consider those words. This much time do I have remaining? courts have interpreted the ‘‘factor is a burden-shifting provision that The Acting CHAIR (Mr. GONZALEZ of other than sex’’ defense to include would simply allow an employee to Texas). The gentleman from Alabama ‘‘market forces,’’ or worse, accepted show a reasonable alternative. It adds has 2 minutes remaining. the argument that pay disparity can be nothing to an employer’s existing bur- Mr. BYRNE. Mr. Chairman, once explained by an employer’s ‘‘random den. It only allows an employee to again, I heard what she read into the decision.’’ rebut that defense with evidence. RECORD. I already read that. I under- Those interpretations are nothing Mr. Chairman, I reserve the balance stand exactly what it says. I think more than a lifesaver for pretextual of my time. maybe I haven’t made myself clear:

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.066 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2867 The underlying bill injects clarity into The Chair recognizes the gentle- the needs of women of color in the the law, which hurts plaintiffs in their woman from Washington. workforce. cases. This will hurt women in bringing Ms. JAYAPAL. Mr. Chairman, what a In 2017, the gender wage gap widened their cases. It will take years to try to moment of tremendous pride it is to be for women of color. While research get clarity through the court system, if here in the 116th Congress under a found that women made 80 cents for we ever get clarity. That hurts plain- Democratic majority as we finally pass every dollar paid to White, non-His- tiffs in these lawsuits. the Paycheck Fairness Act. panic men, women of color fared much Defendants like to throw up I rise in strong support of this bill, worse than average: Black women were unclarity. So I guess, perhaps, if you and I thank Chairman SCOTT for his paid only 61 cents for every dollar paid wanted to argue from that point of tremendous leadership in shepherding to White men; Native American women view, let’s have a confusing bill. I am this bill to the floor. were paid 58 cents; and Latina women going to get clarity into the bill that I also thank the author of H.R. 7, were paid only 53 cents. actually helps women. And it is the Congresswoman ROSA DELAURO, who That means that this year, Equal irony of this whole proceeding that the has been a champion for women’s Pay Day, the date that marks how long bill that is supposed to help women, rights her entire career. The Paycheck women have to work into the year to that they say is going to help women, Fairness Act is a testament to her tire- earn what their White male counter- hurts them. I am trying to help women less dedication to the eradication of parts earned in the previous calendar with my amendment. the gender pay gap, and it is by her year, falls on April 2. But for Black Mr. Chairman, I reserve the balance leadership that we are here today on women, Equal Pay Day isn’t until Au- of my time. the verge of obtaining a more equitable gust 22. Native American women’s workforce. Equal Pay Day falls on September 23, b 1545 I also thank Congresswoman and Latinas have to work nearly 11 full Ms. WILD. Mr. Chairman, this WATERS, who has long advocated for months into 2019 before they will see amendment eliminates clarity. It sim- and fought for pay equity and been a their Equal Pay Day on November 20. ply replaces it with the words ‘‘bona beacon of courage for women across That is true economic injustice. fide,’’ with no additional definition or this country. Mr. Chair, I reserve the balance of guidance, thereby ensuring that this We passed the Equal Pay Act in 1963, my time. defense will continue to be misunder- which made it illegal to discriminate Ms. FOXX of North Carolina. Mr. stood, misused, and incorrectly applied based on sex when men and women are Chairman, I rise in opposition to the by the courts. performing jobs that require substan- amendment. Mr. Chairman, I yield back the bal- tially equal effort, skill, and responsi- The Acting CHAIR. The gentlewoman ance of my time. bility. We followed that up with title 7 is recognized for 5 minutes. Mr. BYRNE. Mr. Chairman, this lan- of the Civil Rights Act, which, among Ms. FOXX of North Carolina. Mr. guage is consistent with how nearly all other things, made it illegal to dis- Chairman, once again, it is wrong to circuit courts of appeal have inter- criminate based on sex. And then 10 discriminate, including with respect to preted this factor. years ago, we passed the Lilly pay, based on sex. It is also illegal to ‘‘Bona fide business-related reason’’ Ledbetter Act, which made it clear do so under both the Equal Pay Act of is not an empty phrase. For example, that every single inadequate paycheck 1963 and the Civil Rights Act of 1964. in one case where the employer alleged a woman receives is a new act of dis- Everyone, Republicans and Demo- that the difference in pay was based on crimination. And yet, inequality per- crats alike, supports equal pay for the higher paid person’s participation sisted. equal work because, when workers in a bona fide skills development pro- Today, women are paid, on average, thrive, America thrives, but H.R. 7 gram, the court carefully examined the only 80 cents for every dollar paid to does not further this goal. program to determine whether it was men, resulting in a gap of $10,169 per Democrats claim H.R. 7 will improve legitimate and, in fact, found that it woman, per year. And that pay gap upon these existing and bipartisan laws was not. doesn’t discriminate. It exists in all oc- to create new avenues for women to This amendment helps women. If you cupations, locales, and regardless of fight pay discrimination. What H.R. 7 want to help women in the workforce, education or work history. actually does is create new avenues for this amendment does it. Their bill The Paycheck Fairness Act seeks to trial lawyers to earn higher pay- doesn’t. eliminate this gap by picking up where checks—while dragging countless Mr. Chairman, I yield back the bal- the Equal Pay Act of 1963 left off and women into unwanted lawsuits. ance of my time. strengthening protections for women Of the 2.8 million jobs created in the The Acting CHAIR. The question is in the workplace against retaliation, past year, more than 58 percent have on the amendment offered by the gen- discriminatory screening, and legal ob- gone to women. tleman from Alabama (Mr. BYRNE). stacles to justice. This amendment to Today, there are 74.9 million working The amendment was rejected. H.R. 7 will ensure that the data col- women in the United States, more than AMENDMENT NO. 5 OFFERED BY MS. JAYAPAL lected on behalf of the legislation will ever before; and one in five employer The Acting CHAIR. It is now in order be inclusive of all races and businesses, nationwide, is owned by to consider amendment No. 5 printed in ethnicities. women. part B of House Report 116–19. Pursuant to section 6 of H.R. 7, the We celebrate workers who choose to Ms. JAYAPAL. Mr. Chairman, I rise Secretary of Labor must conduct stud- give priority to professional success as the designee for Congresswoman ies as well as provide information to and promotion, but it is equally impor- WATERS to offer her amendment. employers and the general public con- tant to show that we value freedom The Acting CHAIR. The Clerk will cerning the means by which gender pay and diversity of choice in the work- designate the amendment. disparities can be eliminated. These place. The text of the amendment is as fol- studies are a critical step forward to- It is not the job of Federal law- lows: wards closing the pay gap. makers to tell American workers of ei- Page 13, line 23, insert after ‘‘women’’ the This amendment would clarify that ther sex what their priorities should following: ‘‘(including women who are Asian these Department of Labor studies be. A number of economic studies con- American, Black or African-American, His- mandated by section 6 of the under- ducted by government and private enti- panic American or Latino, Native American lying bill must include not just infor- ties alike consistently show that or Alaska Native, Native Hawaiian or Pacific mation regarding pay disparities be- women make more holistic and dis- Islander, and White American)’’. tween men and women generally, but cerning choices than men about man- The Acting CHAIR. Pursuant to specifically for women of every racial aging work-life demands. House Resolution 252, the gentlewoman and ethnic background. The new government studies man- from Washington (Ms. JAYAPAL) and a Mr. Chairman, in order to empower dated by H.R. 7 will likely tell us what Member opposed each will control 5 all women, we must continue to high- we already know and that our col- minutes. light the specific barriers faced by and leagues will not acknowledge: that

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.067 H27MRPT1 H2868 CONGRESSIONAL RECORD — HOUSE March 27, 2019 work patterns and life decisions are posed to be added by section 8, add at the end not providing any burden on small key to explaining the wage gap, and the following: business, this amendment would ex- that the wage gap shrinks considerably ‘‘(3) The compensation data under para- empt those with 100 employees or less. when factors such as hours worked per graph (1) shall be collected from each em- Mr. Chair, I reserve the balance of ployer that— week, industry, occupation, work expe- ‘‘(A) is a private employer that has 100 or my time. rience, job tenure, and preferences for more employees, including such an employer b 1600 nonwage benefits are considered. that is a contractor with the Federal Gov- In addition to opening countless ave- ernment, or a subcontractor at any tier Ms. FOXX of North Carolina. Mr. nues for trial lawyer payouts while thereof; or Chairman, I claim the time in opposi- limiting employer defenses, H.R. 7 ‘‘(B) the Commission determines tion to this amendment. mandates intrusive and elaborate data appropriate.’’. The Acting CHAIR. The gentlewoman collection from employers, breaking The Acting CHAIR. Pursuant to is recognized for 5 minutes. down compensation, hiring, termi- House Resolution 252, the gentleman Ms. FOXX of North Carolina. Mr. nation, and promotion data by sex, from Virginia (Mr. BEYER) and a Mem- Chair, I reserve the right to change my race, and national origin of employ- ber opposed each will control 5 min- mind based on what I hear from my ees—that will cost about $700 million a utes. colleague from Virginia. year. The Chair recognizes the gentleman Mr. Chair, I do have great respect for Rather than expending taxpayer dol- from Virginia. my colleague from Virginia, and I ap- lars on expanding studies, Federal law- Mr. BEYER. Mr. Chairman, I yield preciate the fact that this amendment makers should promote a continued myself such time as I may consume. recognizes the very serious problem focus on strong economic policy, edu- Mr. Chairman, as a small business with H.R. 7 by applying the expansive cation, and innovation that will create owner and employer, I understand the government data collection mandate opportunities and expand options for value of data because you can’t im- only to business owners with 100 or all American workers. prove what you don’t measure. So my more employees. However, the forced Mr. Chairman, I urge my colleagues amendment, which I offer with Rep- data collection scheme in the under- to oppose this amendment, and I re- resentative ILHAN OMAR, exempts em- lying bill, even with this amendment, serve the balance of my time. ployers with fewer than 100 employees is still extremely misguided. Ms. JAYAPAL. Mr. Chairman, better from reporting compensation data and H.R. 7 requires business owners to, information allows us to develop better only requires those with more than 100 for the first time ever, submit reams of policy solutions, and that is all this to do so. pay data to the EEOC, broken down by amendment does: collects more infor- Employers already report workforce job category, race, sex, and ethnicity. mation to address an unacceptable in- data by race, sex, and ethnicity across Moreover, the collection must also in- equality. By mandating that the stud- 10 different job categories in their an- clude hiring, termination, and pro- ies conducted by the Department of nual EEO–1 submission to the EEOC. motion data, which even the Obama ad- Labor explicitly address and include So collecting this data simply ensures ministration’s 2016 pay data collection women of color in particular, we can equal pay for equal work. If employers scheme did not include. ensure that no one is left behind. value the standard, this is an easy This data collection mandate raises I urge all of my colleagues to support start. several concerns. the gathering of this valuable informa- I am very grateful to Chairman First, it puts at risk volumes of high- tion and vote ‘‘yes’’ on this amend- SCOTT and the leadership on the ly confidential pay data involving mil- ment. amendments to strengthen pay data lions of individual workers. We all Mr. Chairman, it has been a long collection and to Congresswoman ROSA know the widespread data breaches the road to get here, but today, women DELAURO for her years and years of ef- Federal Government has suffered. across the country of every race and fort on this. Second, the EEOC will not be able to ethnicity can stand tall and know that Persistent pay gaps exist in the U.S. manage or properly use this data. It we value their work equally. workforce to correlate with sex, race, has never been explained what exactly Mr. Chairman, I yield back the bal- and ethnicity. The Congress has found the EEOC will do with this data. ance of my time. that 64.6 percent of the wage gap can be Third, this mandate is overly burden- Ms. FOXX of North Carolina. Mr. explained by three factors: experience, some. The data cells required from Chairman, we believe women should industry, and occupation, the things business owners when they file an em- not be discriminated against. We don’t my good friend from North Carolina ployer information report, EEO–1, with want women discriminated against, pointed out. But the remaining 35 per- the EEOC will expand from 180 cells to women of any category in this country, cent can’t be explained by these dif- 3,660. It has been estimated that the and this amendment is not necessary ferences. new reams of pay data added to the and neither is H.R. 7. Federal law specifically prohibits EEO–1 will cost business owners $700 Mr. Chairman, I urge my colleagues men and women from being paid dif- million annually. to vote ‘‘no’’ on the amendment and ferently for work, but enforcement of Although this amendment would ‘‘no’’ on the underlying bill, and I yield this mandate is impeded by a lack of spare some business owners from the back the balance of my time. mandate, the serious flaws in this data The Acting CHAIR. The question is knowledge—no data, not reliable data, collection mandate make the provision on the amendment offered by the gen- especially data by sex and by race. This in the underlying bill not worth saving. tlewoman from Washington (Ms. is a barrier to closing the persistent pay gap for women and minorities. If the pay data collection mandate is JAYAPAL). The amendment was agreed to. All we are really asking here is to be not worth applying to smaller firms, The Acting CHAIR. The Chair under- able to provide the data so that busi- then perhaps it should be reconsidered stands that the amendment No. 6 will ness leaders can make the good deci- entirely. What is good for the goose is not be offered. sions and so that employees can dis- good for the gander. AMENDMENT NO. 7 OFFERED BY MR. BEYER cover if they are being unfairly paid. Mr. Chairman, I reserve the balance The Acting CHAIR. It is now in order They have a right, then, to ask. of my time. to consider amendment No. 7 printed in For over 50 years, companies have Mr. BEYER. Mr. Chairman, I yield 1 part B of House Report 116–19. used the EEO–1 form to report. Earlier minute to the gentleman from Mary- Mr. BEYER. Mr. Chairman, I have an today, we have heard that this will rep- land (Mr. HOYER), the distinguished amendment at the desk. resent an unfair burden on businesses. majority leader. The Acting CHAIR. The Clerk will While virtually every business I Mr. HOYER. Mr. Chairman, I thank designate the amendment. know—even those with two, three, and the gentleman for yielding. I wanted to The text of the amendment is as fol- four employees—find ways to outsource speak during general debate, but I will lows: paycheck preparation, almost all of take this time to speak on behalf of In subsection (f) of section 709 of the Civil this has been digitized. But to be extra this legislation and also to rise in sup- Rights Act of 1964 (42 U.S.C. 2000e–8), as pro- cautious and make sure that we are port of the gentleman’s amendment.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.070 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2869 Mr. Chairman, the American people hear the phrase, ‘‘Keep the faith.’’ way, this amendment itself damns the entrusted Democrats with the majority ROSA DELAURO has kept the faith year bill. in part because we pledged to work after year, not only with women of As our colleague from Maryland says, hard on the issues they care about America, but with the families and I hope that every business owner in most, issues affecting their everyday children of America who rely on wom- America will note that every Democrat lives. en’s wages for the quality of their is a cosponsor of this bill. I hope that I am the father of three daughters. lives, and their partners’, and their word gets out loud and clear across the They are all extraordinary people. I spouses’. country, particularly among business want them all treated based upon the I thank the gentlewoman, ROSA owners. content of their character, their per- DELAURO, for all that she has done for I will say that this amendment to formance, and the duties that they per- our country in keeping the faith. spare smaller companies makes the form, not on the fact that they happen I also thank my dear friend and my teeniest, tiniest improvement to this to be daughters and not sons. colleague from my neighboring State bill, and, therefore, I will support it, al- One of the issues we pledged to ad- of Virginia, Chairman BOBBY SCOTT, for though I don’t believe the bill will go dress was raising wages, and that in- his faithfulness, for his focus, and for anywhere in the Senate. cludes addressing the gender pay gap, his bringing this bill to the floor so It is my hope that, again, that points which keeps women from earning their early in our session. out the discriminatory nature and the fair share and hurts families, children, Mr. Chair, I urge my colleagues to terrible aspects of this bill to all busi- and all people. observe April 2, which is Equal Pay ness and industry in the country. It The last time I was the majority Day. It is a day symbolizing how far doesn’t help the underlying bill in leader, which was from 2007 to 2011, we into the year women must work to terms of the other businesses and in- enacted the Lilly Ledbetter Fair Pay earn what men earned in the previous dustries. Act to make it easier for women who year—essentially, 3 months of free Mr. Chairman, I yield back the bal- have faced discriminatory pay and ben- labor. Not in this body, because we are ance of my time. Mr. BEYER. Mr. Chairman, I thank efits to seek justice. all paid the same in this body. We com- Lilly Ledbetter had worked hard, and my friend from North Carolina for sup- ply with this bill. That is the good she did not know that she was being porting this amendment, and I thank news. my friend from North Carolina for paid less than her counterparts doing The bad news is, women, on average, exactly the same thing she was doing, clearly stating a number of times have to work not 12 months but 15 with exactly the same responsibility today that Democrats and Republicans months to earn what men earn in 12 and exactly the same expectations. are both committed to equal pay for months. That is what that language There was no justice in that, but she men and for women. meant. didn’t know it. The Supreme Court I think our differences just come I urge my colleagues to vote today to said, well, you didn’t raise the issue down to how we accomplish that, be- make this the last Equal Pay Day and quickly enough. cause 50 years after the Equal Pay Act We also passed the Paycheck Fair- pass this bill to ensure the promise of was signed, there are still significant ness Act in that same Congress, but, economic equality for all. differences, despite our joint commit- unfortunately, the Senate failed to We hold these truths to be self-evi- ment to equal pay. enact it as well. dent, that all—drop the ‘‘men’’—that If unequal pay continues to persist, Now we return to this important all are created equal. That view maybe how do we address it? We simply say work of ensuring equal pay for equal self-evident, but it is not self-exe- that the collection of data to the EEO– work. Who, intellectually, can oppose cuting. Let us act upon it today. 1 is the best way to move forward. The that concept? Who, with any sense of Ms. FOXX of North Carolina. Mr. employers with less than 100 have been fairness and fair play, could oppose Chairman, could I inquire as to how exempted from the very beginning of that concept and precept? much time I have remaining, and how the EEO–1 report, so this is simply con- It is shameful, Mr. Chairman, that, much time the gentleman from Vir- sistent with that and recognizes that, in 2019, 56 years after President Ken- ginia has remaining. to get meaningful data, sometimes you nedy signed the Equal Pay Act, we are The Acting CHAIR. The gentlewoman need more than a handful of people. here fighting for equal pay. A half cen- from North Carolina has 23⁄4 minutes That is, 6 or 10 or 12 people don’t nec- tury later, women still earn, on aver- remaining. The gentleman from Vir- essarily give you an apples-to-apples age, 80 cents to a man’s dollar, and, ginia has 2 minutes remaining. comparison. When you get more than very frankly, minority women earn Ms. FOXX of North Carolina. Mr. 100, you can do it. less than that. That gap is even worse Chairman, I have said it I don’t know The government already collects the for minorities. Two-thirds of women how many times today. I will say it sensitive data. It has done it for years are now either the primary bread- one more time. Republicans are op- without privacy concerns. My friend winners or co-breadwinners in their posed to pay discrimination. We have pointed out there may be 3,200 or 3,600 households. always been opposed to pay discrimina- categories. Right now, with deep learn- Make no mistake, this is an eco- tion. We have always been for the ing and machine learning, this is some- nomic concern for families across our rights of others. thing that takes a microsecond to do. country. This is not a woman’s issue. It The first Republican President in This is very easy. We are now in an in- is a fairness issue. It is an every fam- this country was the leader that ended tellectual and digital world where we ily, every person issue. slavery in this country. Republicans can have the EEO discover which com- Democrats ran on a platform of rais- have been for civil rights. We have panies have persistent patterns of pay ing wages, as I said. We are focused on been for equal pay. We support the inequity, and it really works. making sure that more working fami- rights of all citizens to be treated All our offices have pay trans- lies can make it in America. That is equally. We have all said that, every parency. When I am trying to figure what this bill will help achieve. Republican who has spoken here. out how much to pay a legislative cor- I am proud that every member of the This bill does not do that. I believe respondent or legislative director or Democratic Caucus—let me repeat that the gentleman from Virginia’s front office, I know that everyone can that, every member—234 members of amendment proves that this is a dam- go online and figure out what everyone the Democratic Caucus have signed on aging bill, because he wants to spare else is making. That is a powerful in- as cosponsors of this bill because we smaller companies from the very dam- centive for us to make sure that people believe it is fair; because we believe it aging impacts of the pay data collec- are paid fairly and paid equally. All we is right; because we believe it is good tion mandate. are trying to do is bring the same for families; and, yes, because we be- That, in a way, is discriminatory in transparency to American businesses lieve it is good for the American econ- itself because there is a feeling that it across the country. omy. is okay for big businesses to pay the Mr. Chair, I thank my friend for her ROSA DELAURO is on the floor, and I cost of this, but it is not okay for small support of this amendment, and I yield want to thank the gentlewoman. We businesses to pay the cost of this. In a back the balance of my time.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.074 H27MRPT1 H2870 CONGRESSIONAL RECORD — HOUSE March 27, 2019 The Acting CHAIR. The question is to reduce greater inequalities in the overall Ms. FOXX of North Carolina. Mr. on the amendment offered by the gen- labor force. Chairman, in America, discriminating tleman from Virginia (Mr. BEYER). The Acting CHAIR. Pursuant to in pay based on sex is illegal as codi- The question was taken; and the Act- House Resolution 252, the gentlewoman fied in the Equal Pay Act and the Civil ing Chair announced that the ayes ap- from Michigan (Mrs. LAWRENCE) and a Rights Act. peared to have it. Member opposed each will control 5 Democrats claim H.R. 7 will improve Mr. BEYER. Mr. Chair, I demand a minutes. upon these bipartisan laws to create recorded vote. The Chair recognizes the gentle- new opportunities for women to fight The Acting CHAIR. Pursuant to woman from Michigan. pay discrimination. What H.R. 7 actu- clause 6 of rule XVIII, further pro- Mrs. LAWRENCE. Mr. Chairman, I ally does is create new opportunities ceedings on the amendment offered by yield myself such time as I may con- for trial lawyers to earn higher pay- the gentleman from Virginia will be sume. checks. Similarly, while this amend- postponed. Mr. Chairman, I would first like to ment appears to be marketed as assist- thank Representative ROSA DELAURO b 1615 ing young women, this paternalistic for her hard work on H.R. 7, the Pay- approach undermines young women’s AMENDMENT NO. 8 OFFERED BY MRS. LAWRENCE check Fairness Act. This longstanding abilities and pigeonholes them into The Acting CHAIR. It is now in order legislation which would ensure equal stereotypical roles. to consider amendment No. 8 printed in pay for equal work has been introduced This amendment directs the Sec- part B of House Report 116–19. in every single Congress since 1997. retary of Labor to conduct a study on Mrs. LAWRENCE. Mr. Chairman, I As the chair of the Bipartisan Wom- the gender pay gap in the teenage labor have an amendment at the desk. en’s Caucus, I am proud to support H.R. force and then to report recommenda- The Acting CHAIR. The Clerk will 7, meaningful legislation that would at tions to Congress, including rec- designate the amendment. a minimum ensure that workers are ommendations to expand awareness, The text of the amendment is as fol- protected against gender-based pay dis- specifically for teenage girls, on pay lows: crimination, prevent retaliation grades and employment rights. I am In section 6, strike ‘‘Not later than’’ and against those who voluntarily discuss tempted to call this the babysitting insert ‘‘(a) IN GENERAL.—Not later than’’. wages, eliminate loopholes which amendment because it additionally In section 6, add at the end the following: would allow institutional discrimina- (b) REPORT ON GENDER PAY GAP IN TEENAGE asks the Department of Labor to spend tion in pay; equalize remedies for gen- LABOR FORCE.— taxpayer dollars to compare amounts (1) REPORT REQUIRED.—Not later than one der-based discrimination; and prohibit earned by men and women in informal year after the date of the enactment of this salary history from dictating future jobs such as babysitting. Act, the Secretary of Labor, acting through pay. This amendment could also be called the Director of the Women’s Bureau and in Mr. Chair, my amendment is simple. the in loco parentis amendment, be- coordination with the Commissioner of While we debate the gender pay gap in cause it is parents who should be Labor Statistics, shall— the professional workplace, it is imper- teaching their children about the bene- (A) submit to Congress a report on the gen- ative that we understand how and when fits of hard work and education and the der pay gap in the teenage labor force; and the pay gap begins. For women, the importance of a first job, which is often (B) make the report available on a publicly gender-based wage gap typically accessible website of the Department of a minimum wage job. We don’t need Labor. emerges in the teenage years and only the government coming in and telling (2) ELEMENTS.—The report under sub- increases with time. My amendment children and parents what their chil- section (a) shall include the following: will require the Secretary of Labor and dren should be doing. These initial jobs (A) An examination of trends and potential the Commissioner of Labor Statistics help to teach teenagers important solutions relating to the teenage gender pay to submit a report to Congress that skills that will stay with them their gap. studies the teenage pay gap and pro- entire lives. (B) An examination of how the teenage vide recommendations to address it. American women of all ages are gender pay gap potentially translates into A 2018 study cited in The Washington skilled, they are smart, and today they greater wage gaps in the overall labor force. Post reported that the gender-based (C) An examination of overall lifetime are driving the American economy. Of earnings and losses for informal and formal wage gap emerges well before adult- the 2.8 million jobs created in the last jobs for women, including women of color. hood, leading to long-term effects on year, more than 58 percent have gone (D) An examination of the teenage gender lifetime earnings and economic mobil- to women. One in five employer busi- pay gap, including a comparison of the aver- ity. The economic impacts of the gen- nesses is owned by women; and we are age amount earned by males and females, re- der-based wage gap are even greater for seeing more young women than men spectively, in informal jobs, such as baby- women of color. earning college degrees. sitting and other freelance jobs, as well as Teenagers are a substantial but often I support equal pay for equal work, formal jobs, such as retail, restaurant, and understudied part of our workforce. which is rightfully required under two customer service. Many teenagers, not out of just want- (E) A comparison of — Federal statutes. Congress should focus (i) the types of tasks typically performed ing something to do, but out of neces- on policies that will continue to in- by women from the teenage years through sity or because of their financial situa- crease economic opportunity and ex- adulthood within certain informal jobs, such tion, work part-time while in school pand options for all workers. This as babysitting and other freelance jobs, and and sometimes enter the workforce, amendment and the underlying bill formal jobs, such as retail, restaurant, and unfortunately, as early as 12 years old. fails in this regard. customer service; and To truly address the wage gap, we need Mr. Chair, I urge my colleagues to (ii) the types of tasks performed by young- to have a better way to identify the oppose this amendment, and I reserve er males in such positions. root of these gaps. the balance of my time. (F) Interviews and surveys with workers This report would provide the statis- Mrs. LAWRENCE. Mr. Chairman, I and employers relating to early gender-based would really feel challenged to think pay discrepancies. tics necessary to uncover why this pay (G) Recommendations for— gap exists and the best ways to remedy that my colleague is unaware that (i) addressing pay inequality for women the inconsistency. If women are raised there are young girls who are teenagers from the teenage years through adulthood, in a culture where they believe they who work in restaurants and in other including such women of color; are not equal to men, the disparity capacities, not because their parents (ii) addressing any disadvantages experi- that exists will never be broken. We want them to have activities but be- enced by young women with respect to work must work to end that mindset now. cause they are literally trying to sur- experience and professional development; Mr. Chair, I reserve the balance of vive and feed themselves and some- (iii) the development of standards and best times their brothers and sisters, and to practices for workers and employees to en- my time. sure better pay for young women and the Ms. FOXX of North Carolina. Mr. say that it is not necessary for us to prevention of early inequalities in the work- Chair, I rise in opposition to the have data and not just stand at a mike place; and amendment. as an elected official and make as- (iv) expanding awareness for teenage girls The SPEAKER pro tempore. The gen- sumptions based on your own privilege on pay rates and employment rights in order tlewoman is recognized for 5 minutes. of life.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.076 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2871 I think it is imperative that we look The text of the amendment is as fol- workplace. Every employee should be at the data, and here I am saying lows: able to advocate and negotiate for that—before I can say and validate the Page 7, line 23, insert after ‘‘employee’’ the themselves without fear of reprisal. Ac- status of teenage girls—I would want following: ‘‘(such as by inquiring or dis- cording to the Carnegie Mellon study, statistics and reports so that we can cussing with the employer why the wages of men are four times more likely than truly address the inequality that girls the employee are set at a certain rate or sal- women to ask for a raise, and when often get, and the mindset that a little ary)’’. women do ask, they typically request boy who is out working, he needs the The Acting CHAIR. Pursuant to 30 percent less than men do. pay and often is given a larger amount House Resolution 252, the gentleman We should be encouraging employees, of money versus a girl—and every girl from Maryland (Mr. BROWN) and a regardless of their gender, to inquire is not a babysitter, but if we want to Member opposed each will control 5 and discuss disparities in pay with call this the babysitter amendment, I minutes. their employers and advocate for them- will accept it. The Chair recognizes the gentleman selves if they aren’t being paid fairly or As we work to address the pay gap, it from Maryland. if it is simply time they received a is important that we do not forget our Mr. BROWN of Maryland. Mr. Chair- well-deserved raise. new generation of leaders, and it is man, I yield myself such time as I may b 1630 about breaking a cycle, about having a consume. Mr. Chairman, at a time when wages young girl who is working, and she un- Let me start by saying it is a privi- are not rising fast enough, Congress derstands that I have value and that I lege to be able to stand on the floor of must ensure every working American too should be paid an equal pay. the U.S. House of Representatives in is paid equally and fairly and is em- Mr. Chair, I yield back the balance of this year, in this term, and in this ses- powered throughout their salary nego- my time. sion of Congress to participate in the Ms. FOXX of North Carolina. Mr. tiation process. debate and the discussion and to offer I reserve the balance of my time. Chairman, I know that my colleague an amendment on this historic bill, the Ms. FOXX of North Carolina. Mr. was not on the floor earlier when I Paycheck Fairness Act. Chairman, I claim the time in opposi- spoke and told of my need to work even I would like to first thank my friend tion to the amendment. before I was a teenager, and I worked and colleague, the chairman of the The Acting CHAIR. The gentlewoman for survival. So I know that she did not committee, BOBBY SCOTT from Vir- from North Carolina is recognized for 5 know that and did not know that I do ginia, for his leadership on this issue minutes. not take lightly the fact that many and this bill. I want to recognize the Ms. FOXX of North Carolina. Pay young people in this country are like I decades’ long work of my colleague discrimination on the basis of sex is was and working to help support their from Connecticut, Congresswoman wrong, and it also, importantly, vio- families so that they have food and ROSA DELAURO, on the underlying bill lates two Federal statutes. they are able to survive. and her efforts, along with many other Retaliation by an employer against I do not take lightly anyone’s work women, including Maryland’s former an employee for pursuing reasonable in this country, not anyone. I worked Senator Barbara Mikulski to finally discussion or inquiry regarding poten- hard all my life, and I have always ensure that women are paid and treat- tially discriminating compensation is wanted to be paid equally with men, ed fairly in the workplace. wrong, and it, too, is illegal. and I know there were times I was not. My amendment would enhance pay However, like the rest of this bill, the So I understand that. I never want to transparency protections in this bill. expanded nonretaliation provision in see anyone discriminated against in This amendment would make it unlaw- H.R. 7 goes too far, and this amend- this country. I particularly never want ful for an employer to discriminate ment takes it even further. to see a woman discriminated against against an employee for simply dis- Under current law, those who inquire for equal pay when she is doing the job cussing or inquiring why they are about, discuss, or disclose compensa- that a man is doing. being paid a certain wage or salary. tion information in a reasonable man- I wish with all my heart that we were Mr. Chairman, if you found out that ner and with a good faith belief that an improving on the Equal Pay Act and you were being paid less than your col- unlawful pay disparity may exist are the Civil Rights Act and helping to leagues for the same work, you would protected from retaliation. However, make things better for women with probably demand to be paid more. But the underlying provision in H.R. 7 re- H.R. 7. We are not. We are lining the for too long, it has been considered garding pay disclosures and discussion pockets of trial lawyers and in many taboo to discuss your salary with your has no limits at all. cases will be harming women. This The inquiry, discussion, and disclo- coworkers let alone confront your boss amendment stereotypes young women sure allowed under this bill is not re- if you were being paid unfairly. because it mentions babysitting. That quired to be reasonable nor related to When pay is transparent, organiza- is where the stereotypes come in, in any perceived pay disparity and raises tions must be able to justify each em- this amendment, and that is unfortu- serious privacy concerns for all em- ployee’s salary, thus reducing or elimi- nate. ployees, especially in the age of social nating any type of bias. We do have a younger generation, media. That is why the Paycheck Fairness and we have women who can do any job H.R. 7 takes away an employee’s abil- Act puts transparency front and center that any man can do, and she should be ity to control disclosure of information and why my amendment goes a little paid equally for it. But neither this about their own pay. It also limits an further and gives every employee the study nor this bill is going to guar- employer’s ability to protect what right to negotiate the higher pay. antee that. should be confidential information Mr. Chair, I yield back the balance of Since Congress has not been able to about employees. my time. act over the past several years, States Congress should focus on policies The Acting CHAIR. The question is have led the way in promoting pay that promote opportunity and options on the amendment offered by the gen- transparency, including California, Illi- for all workers. This amendment does tlewoman from Michigan (Mrs. LAW- nois, Louisiana, and my State of Mary- not further this purpose. RENCE). land. In Maryland we added very broad Mr. Chair, I urge my colleagues to The amendment was agreed to. pay transparency protections to ensure protect workers’ privacy rights by op- AMENDMENT NO. 9 OFFERED BY MR. BROWN OF employees the ability to discover and posing this amendment and the under- MARYLAND discuss disparities in pay, and we even lying bill, and I reserve the balance of The Acting CHAIR. It is now in order expanded prohibitions against dis- my time. to consider amendment No. 9 printed in criminatory pay practices to include Mr. BROWN of Maryland. Mr. Chair, part B of House Report 116–19. gender identity, an item that I would unfortunately, historically, the cloak Mr. BROWN of Maryland. Mr. Chair, hope that this Congress may take up of confidentiality has often been the I have an amendment at the desk. later this session. shield used by employers to discrimi- The Acting CHAIR. The Clerk will But my amendment today reiterates nate against women when it comes to designate the amendment. the importance of transparency in the paycheck fairness.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.078 H27MRPT1 H2872 CONGRESSIONAL RECORD — HOUSE March 27, 2019 I encourage all my colleagues to sup- Harder (CA) Marchant Schiff NOT VOTING—7 Harris Marshall Schneider port my amendment and the under- DesJarlais Radewagen Wittman Hartzler Massie Schrader Granger San Nicolas lying bill, and I yield back the balance Hastings Mast Schrier Plaskett Wilson (SC) of my time. Hayes Matsui Scott (VA) Ms. FOXX of North Carolina. Mr. Heck McAdams Scott, Austin b 1702 Chairman, once again, I reiterate my Herrera Beutler McBath Scott, David Hice (GA) McCarthy Sensenbrenner Messrs. SCHWEIKERT, MOONEY of opposition to the underlying bill and to Higgins (LA) McCaul Serrano West Virginia, FERGUSON, this amendment, and I yield back the Higgins (NY) McClintock Sewell (AL) RIGGLEMAN, and PALMER changed balance of my time. Hill (AR) McCollum Shalala their vote from ‘‘aye’’ to ‘‘no.’’ Hill (CA) McEachin The Acting CHAIR. The question is Sherman Messrs. COLE, BUCSHON, GIBBS, on the amendment offered by the gen- Himes McGovern Sherrill Holding McHenry Shimkus BISHOP of Utah, GAETZ, Ms. tleman from Maryland (Mr. BROWN). Hollingsworth McKinley Simpson VELA´ ZQUEZ, Messrs. BROOKS of Ala- The amendment was agreed to. Horn, Kendra S. McNerney Sires bama, WEBER of Texas, LAMBORN, Horsford Meadows AMENDMENT NO. 7 OFFERED BY MR. BEYER Slotkin and CLOUD changed their vote from Houlahan Meeks Smith (MO) The Acting CHAIR. Pursuant to Hoyer Meng Smith (NE) ‘‘no’’ to ‘‘aye.’’ clause 6 of rule XVIII, the unfinished Hudson Meuser Smith (NJ) So the amendment was agreed to. business is the demand for a recorded Huffman Miller Smith (WA) The result of the vote was announced Huizenga Mitchell Smucker vote on amendment No. 7 printed in Hunter Moolenaar as above recorded. part B of House Report 116–19 offered Soto Hurd (TX) Moore Spanberger Stated for: by the gentleman from Virginia (Mr. Jackson Lee Morelle Spano Mr. WITTMAN. Mr. Chair, I was unavoidably BEYER) on which further proceedings Jayapal Moulton Speier detained due to illness. Had I been present, I were postponed and on which the ayes Jeffries Mucarsel-Powell Stanton Johnson (GA) Mullin would have voted ‘‘YEA’’ on rollcall No. 132. prevailed by voice vote. Stauber The Acting CHAIR. The question is Johnson (LA) Murphy Stefanik The Clerk will redesignate the Johnson (OH) Nadler Steil on the amendment in the nature of a Johnson (SD) amendment. Napolitano Steube substitute, as amended. Johnson (TX) Neal The Clerk redesignated the amend- Stevens The amendment was agreed to. Jordan Neguse Stewart ment. Joyce (OH) Newhouse The Acting CHAIR. Under the rule, Stivers Joyce (PA) Norcross the Committee rises. RECORDED VOTE Suozzi Kaptur Norton The Acting CHAIR. A recorded vote Swalwell (CA) Accordingly, the Committee rose; Katko Nunes Takano and the Speaker pro tempore (Ms. has been demanded. Keating O’Halleran Taylor A recorded vote was ordered. Kelly (IL) Ocasio-Cortez JACKSON LEE) having assumed the Thompson (CA) Kelly (MS) Olson chair, Mr. GONZALEZ of Texas, Acting The vote was taken by electronic de- Thompson (MS) Kelly (PA) Omar vice, and there were—ayes 406, noes 24, Thompson (PA) Chair of the Committee of the Whole Kennedy Palazzo Thornberry House on the state of the Union, re- not voting 7, as follows: Khanna Pallone Timmons [Roll No. 132] Kildee Panetta ported that that Committee, having Tipton Kilmer Pappas had under consideration the bill (H.R. AYES—406 Titus Kim Pascrell 7) to amend the Fair Labor Standards Tlaib Abraham Castro (TX) Doyle, Michael Kind Payne Tonko Act of 1938 to provide more effective Adams Chabot F. King (NY) Pence Torres (CA) Aderholt Cheney Duffy Kinzinger Perlmutter remedies to victims of discrimination Torres Small Aguilar Chu, Judy Duncan Kirkpatrick Perry in the payment of wages on the basis of (NM) Allred Cicilline Dunn Krishnamoorthi Peters sex, and for other purposes, and, pursu- Trahan Amash Cisneros Emmer Kuster (NH) Peterson Armstrong Engel Trone ant to House Resolution 252, he re- Clark (MA) Kustoff (TN) Phillips Arrington Escobar Turner Clarke (NY) LaHood Pingree ported the bill back to the House with Axne Eshoo Clay LaMalfa Pocan Underwood an amendment adopted in the Com- Bacon Espaillat Cleaver Lamb Porter Upton Baird Estes mittee of the Whole. Cline Lamborn Posey Van Drew Balderson Evans The SPEAKER pro tempore. Under Cloud Pressley Vargas Banks Finkenauer Langevin Clyburn Larsen (WA) Price (NC) Veasey the rule, the previous question is or- Barr Cohen Fitzpatrick Vela ´ Larson (CT) Quigley dered. Barragan Cole Fleischmann Vela´ zquez Bass Fletcher Latta Raskin Is a separate vote demanded on any Collins (GA) Visclosky Beatty Flores Lawrence Reed Collins (NY) Wagner amendment to the amendment re- Bera Fortenberry Lawson (FL) Reschenthaler Comer Walberg ported from the Committee of the Bergman Foster Lee (CA) Rice (NY) Conaway Walden Beyer Foxx (NC) Lee (NV) Richmond Whole? Connolly Walorski Bilirakis Frankel Lesko Roby If not, the question is on the amend- Bishop (GA) Cook Fudge Levin (CA) Rodgers (WA) Waltz ment in the nature of a substitute, as Cooper Wasserman Bishop (UT) Fulcher Levin (MI) Roe, David P. amended. Blumenauer Correa Gabbard Lewis Rogers (AL) Schultz Blunt Rochester Costa Gaetz Lieu, Ted Rogers (KY) Watkins The amendment was agreed to. Bonamici Courtney Gallagher Lipinski Rooney (FL) Watson Coleman The SPEAKER pro tempore. The Bost Cox (CA) Gallego Loebsack Rose (NY) Weber (TX) question is on the engrossment and Boyle, Brendan Craig Garamendi Lofgren Rose, John W. Webster (FL) F. Crenshaw Garcı´a (IL) Long Rouda Welch third reading of the bill. Brady Crist Garcia (TX) Loudermilk Roybal-Allard Westerman The bill was ordered to be engrossed Brindisi Crow Gianforte Lowenthal Ruiz Wexton and read a third time, and was read the Cuellar Brooks (AL) Gibbs Lowey Ruppersberger Wild third time. Brooks (IN) Cummings Gohmert Lucas Rush Williams Cunningham Brown (MD) Golden Luetkemeyer Rutherford Wilson (FL) MOTION TO RECOMMIT Curtis Brownley (CA) Gomez Luja´ n Ryan Womack Ms. FOXX of North Carolina. Madam Davids (KS) Buchanan Gonzalez (OH) Luria Sablan Woodall Davidson (OH) Speaker, I have a motion to recommit Buck Gonzalez (TX) Lynch Sa´ nchez Wright Davis (CA) Bucshon Gonza´ lez-Colo´ n Malinowski Sarbanes Yarmuth at the desk. Davis, Danny K. Budd (PR) Maloney, Scalise Yoho The SPEAKER pro tempore. Is the Davis, Rodney Burgess Gooden Carolyn B. Scanlon Young Dean gentlewoman opposed to the bill? Bustos Gottheimer Maloney, Sean Schakowsky Zeldin Butterfield DeFazio Graves (LA) Ms. FOXX of North Carolina. Madam DeGette Byrne Graves (MO) NOES—24 Speaker, in its present form, I am. Calvert DeLauro Green (TN) Mr. SCOTT of Virginia. Madam Carbajal DelBene Green (TX) Allen Gosar Rice (SC) Ca´ rdenas Delgado Griffith Amodei Graves (GA) Riggleman Speaker, I reserve a point of order on Carson (IN) Demings Grijalva Babin Hern, Kevin Rouzer the motion to recommit. Carter (GA) DeSaulnier Grothman Biggs King (IA) Roy The SPEAKER pro tempore. A point Cartwright Deutch Guest Burchett Mooney (WV) Schweikert of order is reserved. Case Diaz-Balart Guthrie Carter (TX) Norman Walker Casten (IL) Dingell Haaland Crawford Palmer Waters The Clerk will report the motion to Castor (FL) Doggett Hagedorn Ferguson Ratcliffe Wenstrup recommit.

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.082 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2873 The Clerk read as follows: was considered in committee. Every The only test for attorney’s fees Ms. Foxx of North Carolina moves to re- Democrat on the Education and Labor should be reasonableness. Courts and commit the bill H.R. 7 to the Committee on Committee opposed this modest judges are well equipped to determine Education and Labor with instructions to re- change. whether a fee is reasonable, far better port the same back to the House forthwith, If this amendment is adopted, trial equipped than Congress is. with the following amendment: lawyers will have to somehow make Madam Speaker, I yield to the gen- In section 3(c)(5)— due with 49 percent of the overall judg- tlewoman from New Jersey (Ms. (1) strike ‘‘and’’ at the end of subparagraph ment, and we all know that trial law- SHERRILL). (A); (2) redesignate subparagraph (B) as sub- yers siphon off more than this amount b 1715 in many of their class action cases. paragraph (C); and Ms. SHERRILL. Madam Speaker, I (3) insert after subparagraph (A), the fol- Victims of true pay discrimination should be the true beneficiaries of any rise today in opposition to the motion lowing: to recommit offered by the gentle- (B) by inserting after ‘‘defendant’’ the fol- judgment in their favor. This amend- woman from North Carolina. lowing: ‘‘(except that any contingent attor- ment will help ensure this outcome in ney’s fees shall not exceed 49 percent of any There are few things that define us as Equal Pay Act cases. a country more distinctly than the judgment awarded to the plaintiff or plain- Madam Speaker, supporters of H.R. 7 idea of the American Dream: the idea tiffs)’’; and say the bill is about helping victims of The SPEAKER pro tempore. The gen- that anyone can make it here through pay discrimination. If that is true, hard work and dedication. That dream tlewoman from North Carolina is rec- then all Members should support this ognized for 5 minutes. rests on giving people a fair shot. reasonable proposal. Right now, too many people in this Ms. FOXX of North Carolina. Madam All we are asking is that if our col- country just aren’t getting a fair shot, Speaker, I am here to offer a motion to leagues are so intent on giving trial and women in this country face addi- recommit that is about honesty. lawyers a bigger piece of the pie, then tional barriers because they simply are It is about making sure this bill does consider giving working women more not paid equally for their work. what my Democrat colleagues say it than a few crumbs. Madam Speaker, this bill, H.R. 7, will do, and that is help victims of Madam Speaker, I yield back the bal- supports paycheck fairness because wage discrimination on the basis of ance of my time. equal pay for equal work is about re- sex. Mr. SCOTT of Virginia. Madam spect, and in New Jersey we know re- It is about making sure that any Speaker, I withdraw my reservation of spect. I know what paycheck fairness woman who experiences unfair and ille- my point of order. looks like because we just passed it in gal wage discrimination just because The SPEAKER pro tempore. The res- New Jersey. It is high time that Con- she is a woman doesn’t go through all ervation of a point of order is with- gress ensures these commonsense val- the hardship of a legal battle only to drawn. ues for the rest of the women across see her lawyer walk away with even Ms. WILD. Madam Speaker, I rise in this country. more of her money. opposition to the motion to recommit. I have listened to objections raised With this motion to recommit, if a The SPEAKER pro tempore. The gen- today that women already have protec- plaintiff has entered into a contin- tlewoman from Pennsylvania is recog- tions for equal pay. Well, let me assure gency fee arrangement in Equal Pay nized for 5 minutes. you that the protections in our laws Ms. WILD. Madam Speaker, I am op- Act litigation, the attorney’s contin- are not adequate. posed to all caps on attorney’s fees in gency fee, including costs, will not ex- I rise today, Madam Speaker, for this type of case. ceed 49 percent of the judgment award- women who are earning just 80 cents on The only criteria for the amount of ed to the plaintiff. every dollar. I rise for our African attorney’s fees charged should be rea- If adopted, it will ensure that the in- American women who are only earning sonableness in the context of the case dividual who has brought the claim ac- 61 cents on the dollar. I rise today for itself. Hispanic women who are only earning tually receives a majority of the judg- I have spent more than 30 years in ment and that the attorney doesn’t 53 cents on the dollar. courtrooms, most of that time rep- Madam Speaker, I rise today for collect the lion’s share. resenting the defense in civil matters, The authors of H.R. 7 failed to in- American women and for their families almost always for companies; in other so we can give them a fair shot, like a clude in the text any new legal protec- words, against the very trial lawyers tions for workers against discrimina- woman in my district who, despite we speak of. being a single mom helping to pay off tion. Instead, the bill alters the Equal So I have no bias in favor of those her children’s college debt, was passed Pay Act to allow unlimited compen- lawyers, but let me tell you this: rep- over for a raise because her male co- satory damages even when there is no resenting plaintiffs in employment worker had a family to support, or an- intentional discrimination, and unlim- cases is a very hard job. These lawyers other who found that she was being ited punitive damages. It also expands work for every penny they earn. They paid less than her male coworkers after class action lawsuits. take cases that put their own liveli- years of performing the same job and H.R. 7 makes it impossible in many hood at risk. with the same seniority. And, Madam cases for employers to defend against Many employment cases take years Speaker, I am fighting today for my Equal Pay Act claims even when there to resolve. Often they have to go to two daughters so they have the same is a legitimate business reason for a court over and over to litigate dis- opportunities and the same rights as pay differential. covery and pretrial matters, and all my two sons. H.R. 7 creates special incentives and the while, they are not collecting a In the House, we know what our co- awards for trial lawyers. paycheck from that case, because they workers are making. We can look it up. For working women who have been have taken it on a contingent fee basis. We need our constituents to have that taken advantage of by their bosses, it Without an award at the end of the same opportunity. sets them up to lose out again. case, they receive nothing, and they Madam Speaker, I have joined my H.R. 7 encourages trial lawyers to advance out-of-pocket expenses. colleagues on the other side of the aisle file more lawsuits of questionable va- But even more important, without in the past on their motions. I believe lidity and to drive workers into the these lawyers, low-income female em- deeply in the need for this body to suits without their knowledge for the ployees with legitimate grievances come together today to focus on issues purpose of siphoning off the new pool of would have no recourse. Only with a that matter to our families. It is time unlimited compensatory and punitive competent lawyer’s help can they pro- for my colleagues to now join me, be- damages created by H.R. 7, lining their ceed. cause supporting women, supporting own pockets at the expense of plain- This motion, if passed, would dis- families, and supporting the American tiffs. courage lawyers from taking these Dream is a shared value. A similar amendment capping law- cases. And if they don’t take these I know in New Jersey the equal pay yers’ contingency fees at 15 percent cases, employees, workers, families bill passed with broad bipartisan sup- was offered by Mr. BYRNE when H.R. 7 lose out. port. In fact, in the entire State senate

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.085 H27MRPT1 H2874 CONGRESSIONAL RECORD — HOUSE March 27, 2019 and assembly, there were only two peo- Webster (FL) Wittman Yoho The SPEAKER pro tempore. The ple who voted against it. Wenstrup Womack Young question is on the passage of the bill. Westerman Woodall Zeldin If there were ever a moment, if there Williams Wright The question was taken; and the were ever a bill, if there were ever a NOES—236 Speaker pro tempore announced that time to put obstruction aside, it is the ayes appeared to have it. Adams Garcia (TX) Ocasio-Cortez now. The motion put forth has nothing Aguilar Golden Omar Ms. FOXX of North Carolina. Madam to do with equal pay, and I urge my Allred Gomez Pallone Speaker, on that I demand the yeas colleagues to reject it. Amash Gonzalez (TX) Panetta and nays. Ms. WILD. Madam Speaker, I yield Axne Gottheimer Pappas The yeas and nays were ordered. Barraga´ n Green (TX) Pascrell back the balance of my time. Bass Grijalva Payne The SPEAKER pro tempore. This is a The SPEAKER pro tempore. Without Beatty Haaland Perlmutter 5-minute vote. objection, the previous question is or- Bera Harder (CA) Peters The vote was taken by electronic de- dered. Beyer Hastings Peterson Bishop (GA) Hayes Phillips vice, and there were—yeas 242, nays There was no objection. Blumenauer Heck Pingree 187, not voting 3, as follows: Blunt Rochester Higgins (NY) The SPEAKER pro tempore. The Pocan [Roll No. 134] question is on the motion to recommit. Bonamici Hill (CA) Porter Boyle, Brendan Himes Pressley YEAS—242 The question was taken; and the F. Horn, Kendra S. Price (NC) Adams Speaker pro tempore announced that Brindisi Horsford Gabbard Mucarsel-Powell Quigley Aguilar Brown (MD) Houlahan Gallego Murphy the noes appeared to have it. Raskin Allred Brownley (CA) Hoyer Garamendi Nadler Rice (NY) Axne ´ RECORDED VOTE Bustos Huffman Garcıa (IL) Napolitano Richmond Barraga´ n Butterfield Jackson Lee Garcia (TX) Neal Ms. FOXX of North Carolina. Madam Rose (NY) Bass Carbajal Jayapal Golden Neguse Beatty Speaker, I demand a recorded vote. Ca´ rdenas Jeffries Rouda Gomez Norcross Bera A recorded vote was ordered. Carson (IN) Johnson (GA) Roybal-Allard Gonzalez (TX) O’Halleran Beyer Cartwright Johnson (TX) Ruiz Gottheimer Ocasio-Cortez The SPEAKER pro tempore. This is a Bishop (GA) Case Kaptur Ruppersberger Green (TX) Omar 5-minute vote. Blumenauer Casten (IL) Keating Rush Grijalva Pallone Blunt Rochester The vote was taken by electronic de- Castor (FL) Kelly (IL) Ryan Haaland Panetta Bonamici vice, and there were—ayes 191, noes 236, Castro (TX) Kennedy Sa´ nchez Harder (CA) Pappas Boyle, Brendan Chu, Judy Khanna Sarbanes Hastings Pascrell not voting 4, as follows: F. Cicilline Kildee Scanlon Hayes Payne Brindisi [Roll No. 133] Cisneros Kilmer Schakowsky Heck Pelosi Brown (MD) Clark (MA) Kim Schiff Higgins (NY) Perlmutter AYES—191 Brownley (CA) Clarke (NY) Kind Schneider Hill (CA) Peters Abraham Bustos Gibbs Mitchell Clay Kirkpatrick Schrader Himes Peterson Aderholt Butterfield Gohmert Moolenaar Cleaver Krishnamoorthi Schrier Horn, Kendra S. Phillips Allen Carbajal Gonzalez (OH) Mooney (WV) Clyburn Kuster (NH) Scott (VA) Horsford Pingree Amodei Gooden Mullin Ca´ rdenas Houlahan Pocan Cohen Lamb Scott, David Armstrong Gosar Newhouse Carson (IN) Hoyer Porter Connolly Langevin Serrano Arrington Graves (GA) Norman Cartwright Huffman Pressley Cooper Larsen (WA) Sewell (AL) Babin Graves (LA) Nunes Case Hurd (TX) Price (NC) Correa Larson (CT) Shalala Bacon Graves (MO) Olson Casten (IL) Jackson Lee Quigley Costa Lawrence Sherman Baird Castor (FL) Green (TN) Palazzo Courtney Lawson (FL) Jayapal Raskin Balderson Sherrill Castro (TX) Grothman Palmer Cox (CA) Lee (CA) Jeffries Reed Banks Sires Chu, Judy Guest Pence Craig Lee (NV) Johnson (GA) Rice (NY) Barr Slotkin Cicilline Guthrie Perry Crist Levin (CA) Johnson (TX) Richmond Bergman Smith (WA) Cisneros Hagedorn Posey Crow Levin (MI) Kaptur Rose (NY) Biggs Soto Clark (MA) Harris Ratcliffe Cuellar Lewis Keating Rouda Bilirakis Spanberger Clarke (NY) Hartzler Reed Cummings Lieu, Ted Kelly (IL) Roybal-Allard Bishop (UT) Speier Clay Hern, Kevin Reschenthaler Cunningham Lipinski Kennedy Ruiz Bost Stanton Cleaver Herrera Beutler Rice (SC) Davids (KS) Loebsack Khanna Ruppersberger Brady Stevens Clyburn Hice (GA) Riggleman Davis (CA) Lofgren Kildee Rush Brooks (AL) Suozzi Cohen Higgins (LA) Roby Davis, Danny K. Lowenthal Kilmer Ryan Brooks (IN) Swalwell (CA) Connolly ´ Hill (AR) Rodgers (WA) Dean Lowey Kim Sanchez Buchanan Takano Cooper Holding Roe, David P. DeFazio Luja´ n Kind Sarbanes Buck Thompson (CA) Correa Hollingsworth Rogers (AL) DeGette Luria Kirkpatrick Scanlon Bucshon Thompson (MS) Costa Hudson Rogers (KY) DeLauro Lynch Krishnamoorthi Schakowsky Budd Titus Courtney Huizenga Rooney (FL) DelBene Malinowski Kuster (NH) Schiff Burchett Cox (CA) Hunter Rose, John W. Delgado Maloney, Tlaib Lamb Schneider Burgess Craig Hurd (TX) Rouzer Demings Carolyn B. Tonko Langevin Schrader Byrne Crist Johnson (LA) Roy DeSaulnier Maloney, Sean Torres (CA) Larsen (WA) Schrier Calvert Crow Johnson (OH) Rutherford Deutch Matsui Torres Small Larson (CT) Scott (VA) Carter (GA) Cuellar Johnson (SD) Scalise Dingell McAdams (NM) Lawrence Scott, David Carter (TX) Cummings Jordan Schweikert Doggett McBath Trahan Lawson (FL) Serrano Chabot Cunningham Joyce (OH) Scott, Austin Doyle, Michael McCollum Trone Lee (CA) Sewell (AL) Cheney Davids (KS) Joyce (PA) Sensenbrenner F. McEachin Underwood Lee (NV) Shalala Cline Davis (CA) Katko Shimkus Engel McGovern Van Drew Levin (CA) Sherman Cloud Davis, Danny K. Kelly (MS) Simpson Escobar McNerney Vargas Levin (MI) Sherrill Cole Davis, Rodney Kelly (PA) Smith (MO) Eshoo Meeks Veasey Lewis Simpson Collins (GA) Dean King (IA) Smith (NE) Espaillat Meng Vela Lieu, Ted Sires Collins (NY) DeFazio King (NY) Smith (NJ) Evans Moore Vela´ zquez Lipinski Slotkin Comer DeGette Kinzinger Smucker Finkenauer Morelle Visclosky Loebsack Smith (NJ) Conaway DeLauro Kustoff (TN) Spano Fletcher Moulton Wasserman Lofgren Smith (WA) Cook DelBene LaHood Stauber Foster Mucarsel-Powell Schultz Lowenthal Soto Crawford Delgado LaMalfa Stefanik Frankel Murphy Waters Lowey Spanberger Crenshaw Demings ´ Lamborn Steil Fudge Nadler Watson Coleman Lujan Speier Curtis DeSaulnier Latta Steube Gabbard Napolitano Welch Luria Stanton Davidson (OH) Deutch Lesko Stewart Gaetz Neal Wexton Lynch Stevens Davis, Rodney Diaz-Balart Long Stivers Gallego Neguse Wild Malinowski Suozzi Diaz-Balart Dingell Loudermilk Taylor Garamendi Norcross Wilson (FL) Maloney, Swalwell (CA) Duffy Doggett Lucas Thompson (PA) Garcı´a (IL) O’Halleran Yarmuth Carolyn B. Takano Duncan Luetkemeyer Thornberry Doyle, Michael Maloney, Sean Thompson (CA) Dunn Marchant Timmons NOT VOTING—4 F. Matsui Thompson (MS) Emmer Marshall Tipton Engel McAdams Titus DesJarlais Griffith Estes Massie Turner Escobar McBath Tlaib Granger Wilson (SC) Ferguson Mast Upton Eshoo McCollum Tonko Fitzpatrick McCarthy Wagner Espaillat McEachin Torres (CA) Fleischmann McCaul Walberg b 1727 Evans McGovern Torres Small Flores McClintock Walden Finkenauer McNerney (NM) Fortenberry McHenry Walker So the motion to recommit was re- Fitzpatrick Meeks Trahan Foxx (NC) McKinley Walorski jected. Fletcher Meng Trone Fulcher Meadows Waltz Foster Moore Underwood Gallagher Meuser Watkins The result of the vote was announced Frankel Morelle Van Drew Gianforte Miller Weber (TX) as above recorded. Fudge Moulton Vargas

VerDate Sep 11 2014 03:48 Mar 28, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.087 H27MRPT1 March 27, 2019 CONGRESSIONAL RECORD — HOUSE H2875 Veasey Wasserman Wexton The Clerk read the title of the resolu- specified in such subsection shall be avail- Vela Schultz Wild able for expenses incurred during the period ´ Waters tion. Velazquez Wilson (FL) The SPEAKER pro tempore. Is there beginning at noon on January 3, 2020, and Visclosky Watson Coleman Yarmuth ending immediately before noon on January Welch objection to the request of the gentle- 3, 2021. NAYS—187 woman from California? (b) COMMITTEES AND AMOUNTS.—The com- There was no objection. Abraham Gosar Olson mittees and amounts referred to in sub- Aderholt Graves (GA) Palazzo The text of the resolution is as fol- section (a) are: Committee on Agriculture, Allen Graves (LA) Palmer lows: $5,756,664; Committee on Armed Services, Amash Graves (MO) Pence H. RES. 245 $8,175,111; Committee on the Budget, Amodei Green (TN) Perry Resolved, $5,190,212; Select Committee on the Climate Armstrong Griffith Posey Crisis, $1,890,750; Committee on Education SECTION 1. COMMITTEE EXPENSES FOR THE ONE Arrington Grothman Ratcliffe and Labor, $7,289,357; Committee on Energy Babin Guest HUNDRED SIXTEENTH CONGRESS. Reschenthaler and Commerce, $10,573,692; Committee on Bacon Guthrie (a) IN GENERAL.—With respect to the One Rice (SC) Ethics, $3,507,696; Committee on Financial Baird Hagedorn Riggleman Hundred Sixteenth Congress, there shall be Balderson Harris Services, $8,538,931; Committee on Foreign Roby paid out of the applicable accounts of the Banks Hartzler Affairs, $8,120,362; Committee on Homeland Rodgers (WA) House of Representatives, in accordance with Barr Hern, Kevin Roe, David P. Security, $7,654,001; Committee on House Ad- Bergman Herrera Beutler this primary expense resolution, not more Rogers (AL) than the amount specified in subsection (b) ministration, $5,472,211; Permanent Select Biggs Hice (GA) Committee on Intelligence, $6,231,500; Com- Rogers (KY) for the expenses (including the expenses of Bilirakis Higgins (LA) mittee on the Judiciary, $7,930,297; Select Bishop (UT) Hill (AR) Rooney (FL) all staff salaries) of each committee named Committee on the Modernization of Con- Bost Holding Rose, John W. in such subsection. Rouzer gress, $37,500; Committee on Natural Re- Brady Hollingsworth (b) COMMITTEES AND AMOUNTS.—The com- Roy Brooks (AL) Hudson mittees and amounts referred to in sub- sources, $6,947,963; Committee on Oversight Brooks (IN) Huizenga Rutherford and Reform, $9,495,034; Committee on Rules, section (a) are: Committee on Agriculture, Buchanan Hunter Scalise $3,327,189; Committee on Science, Space, and $11,513,328; Committee on Armed Services, Buck Johnson (LA) Schweikert Technology, $5,539,827; Committee on Small $16,350,222; Committee on the Budget, Bucshon Johnson (OH) Scott, Austin Business, $3,098,148; Committee on Transpor- Sensenbrenner $10,380,424; Select Committee on the Climate Budd Johnson (SD) tation and Infrastructure, $8,915,165; Com- Burchett Jordan Shimkus Crisis, $3,781,500; Committee on Education mittee on Veterans’ Affairs, $4,138,192; and Burgess Joyce (OH) Smith (MO) and Labor, $14,578,714; Committee on Energy Committee on Ways and Means, $9,133,432. Byrne Joyce (PA) Smith (NE) and Commerce, $21,147,384; Committee on (c) REVIEW OF USE OF FUNDS IN FIRST Calvert Katko Smucker Ethics, $7,015,392; Committee on Financial Carter (GA) Kelly (MS) Spano SESSION.— Services, $17,077,862; Committee on Foreign Carter (TX) Kelly (PA) Stauber (1) REVIEW.—None of the amounts pro- Chabot King (IA) Stefanik Affairs, $16,240,724; Committee on Homeland vided for in section 1 for a committee named Cheney King (NY) Steil Security, $15,308,002; Committee on House in subsection (b) may be available for ex- Cline Kinzinger Steube Administration, $10,644,422; Permanent Se- penses of the committee after March 15, 2020, Cloud Kustoff (TN) Stewart lect Committee on Intelligence, $12,463,000; Cole LaHood unless the chair or ranking minority mem- Stivers Committee on the Judiciary, $15,860,594; Se- ber of the committee appears and presents Collins (GA) LaMalfa Taylor lect Committee on the Modernization of Con- Collins (NY) Lamborn Thompson (PA) testimony at a hearing of the Committee on Comer Latta gress, $487,500; Committee on Natural Re- House Administration held prior to such Thornberry sources, $13,895,926; Committee on Oversight Conaway Lesko Timmons date to review the committee’s use of the and Reform, $18,990,068; Committee on Rules, Cook Long Tipton amounts provided for in section 1 during the Crawford Loudermilk Turner $6,654,378; Committee on Science, Space, and first session of the One Hundred Sixteenth Crenshaw Lucas Upton Technology, $11,079,654; Committee on Small Curtis Luetkemeyer Congress and to determine whether the Wagner Business, $6,196,296; Committee on Transpor- Davidson (OH) Marchant amount specified in subsection (b) with re- Walberg tation and Infrastructure, $17,830,330; Com- Duffy Marshall spect to the committee should be updated on Walden Duncan Massie mittee on Veterans’ Affairs, $8,276,384; and the basis of the review. Dunn Mast Walker Committee on Ways and Means, $18,266,864. Walorski (2) WAIVER.—The Committee on House Emmer McCarthy SEC. 2. FIRST SESSION LIMITATIONS. Waltz Administration may waive the application of Estes McCaul (a) IN GENERAL.—Of the amount provided paragraph (1) to any or all of the committees Ferguson McClintock Watkins Weber (TX) for in section 1 for each committee named in named in subsection (b). Fleischmann McHenry subsection (b), not more than the amount Flores McKinley Webster (FL) SEC. 4. VOUCHERS. Fortenberry Meadows Wenstrup specified in such subsection shall be avail- Payments under this resolution shall be Foxx (NC) Meuser Westerman able for expenses incurred during the period made on vouchers authorized by the com- Fulcher Miller Williams beginning at noon on January 3, 2019, and mittee involved, signed by the chair of such Wittman Gaetz Mitchell ending immediately before noon on January committee, and approved in the manner di- Gallagher Moolenaar Womack 3, 2020. Gianforte Mooney (WV) Woodall rected by the Committee on House Adminis- (b) COMMITTEES AND AMOUNTS.—The com- tration. Gibbs Mullin Wright mittees and amounts referred to in sub- Gohmert Newhouse Yoho SEC. 5. REGULATIONS. Gonzalez (OH) Norman Young section (a) are: Committee on Agriculture, Amounts made available under this reso- Gooden Nunes Zeldin $5,756,664; Committee on Armed Services, lution shall be expended in accordance with $8,175,111; Committee on the Budget, NOT VOTING—3 regulations prescribed by the Committee on $5,190,212; Select Committee on the Climate House Administration. DesJarlais Granger Wilson (SC) Crisis, $1,890,750; Committee on Education SEC. 6. RESERVE FUND FOR UNANTICIPATED EX- and Labor, $7,289,357; Committee on Energy b 1735 PENSES. and Commerce, $10,573,692; Committee on (a) ESTABLISHMENT.—There is hereby es- Mr. POSEY changed his vote from Ethics, $3,507,696; Committee on Financial tablished a reserve fund for unanticipated ‘‘yea’’ to ‘‘nay.’’ Services, $8,538,931; Committee on Foreign expenses of committees for the One Hundred So the bill was passed. Affairs, $8,120,362; Committee on Homeland Sixteenth Congress. The result of the vote was announced Security, $7,654,001; Committee on House Ad- (b) AMOUNT.—The reserve fund under this as above recorded. ministration, $5,172,211; Permanent Select section shall have a balance of $8,000,000, of Committee on Intelligence, $6,231,500; Com- A motion to reconsider was laid on which— mittee on the Judiciary, $7,930,297; Select (1) $1,500,000 shall be available for unan- the table. Committee on the Modernization of Con- ticipated expenses incurred during the period f gress, $450,000; Committee on Natural Re- beginning at noon on January 3, 2019, and sources, $6,947,963; Committee on Oversight ending immediately before noon on January PROVIDING FOR THE EXPENSES and Reform, $9,495,034; Committee on Rules, OF CERTAIN COMMITTEES OF 3, 2020; and $3,327,189; Committee on Science, Space, and (2) $6,500,000 shall be available for unan- THE HOUSE OF REPRESENTA- Technology, $5,539,827; Committee on Small ticipated expenses incurred during the period TIVES IN THE ONE HUNDRED Business, $3,098,148; Committee on Transpor- beginning at noon on January 3, 2020, and SIXTEENTH CONGRESS tation and Infrastructure, $8,915,165; Com- ending immediately before noon on January mittee on Veterans’ Affairs, $4,138,192; and Ms. LOFGREN. Madam Speaker, I 3, 2021. Committee on Ways and Means, $9,133,432. (c) ALLOCATION TO COMMITTEES.— ask unanimous consent to take from SEC. 3. SECOND SESSION LIMITATIONS. Amounts in the reserve fund under this sec- the Speaker’s table H. Res. 245 and ask (a) IN GENERAL.—Of the amount provided tion shall be paid to a committee pursuant for its immediate consideration in the for in section 1 for each committee named in to an allocation approved by the Committee House. subsection (b), not more than the amount on House Administration.

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