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Congressional Record, House, April 15, 2021 — House of Representatives

Summary

A page of the Congressional Record, House, dated April 15, 2021, at page H1799. It carries a communication from the Clerk reporting that the Senate passed S. 400, and then the Paycheck Fairness Act. Mr. Scott of Virginia, pursuant to House Resolution 303, calls up H.R. 7, a bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex. The bill text printed on the page covers a bona fide factor defense, class actions, a nonretaliation provision and enforcement authority of the Equal Employment Opportunity Commission.

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Cite this document

“Congressional Record, House, April 15, 2021 — House of Representatives.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-15-crec-2021-04-15-pt1-pgh1799-2-f0d7671743/, SHA-256 064be03d6dc6736a1a3f1a8e24a80b882c6af0e1bd8cefe8c9c1919e0720ffb7.

Full text

                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                         H1799
                                                                  b 1230                               (3) by striking ‘‘any other factor other than           (2) in the sentence beginning ‘‘An action to’’,
                                                                                                    sex’’ and inserting ‘‘a bona fide factor other          by striking ‘‘the preceding sentences’’ and in-
                                                COMMUNICATION FROM THE                              than sex, such as education, training, or experi-       serting ‘‘any of the preceding sentences of this
                                                   CLERK OF THE HOUSE                               ence’’; and                                             subsection’’;
                                              The SPEAKER pro tempore laid be-                         (4) by inserting at the end the following:              (3) in the sentence beginning ‘‘No employees
                                                                                                       ‘‘(B) The bona fide factor defense described in      shall’’, by striking ‘‘No employees’’ and insert-
                                            fore the House the following commu-
                                                                                                    subparagraph (A)(iv) shall apply only if the em-        ing ‘‘Except with respect to class actions
                                            nication from the Clerk of the House of                 ployer demonstrates that such factor (i) is not         brought to enforce section 6(d), no employee’’;
                                            Representatives:                                        based upon or derived from a sex-based differen-           (4) by inserting after the sentence referred to
                                                            OFFICE OF THE CLERK,                    tial in compensation; (ii) is job-related with re-      in paragraph (3), the following: ‘‘Notwith-
                                                         HOUSE OF REPRESENTATIVES,                  spect to the position in question; (iii) is con-        standing any other provision of Federal law,
                                                            Washington, DC, April 15, 2021.         sistent with business necessity; and (iv) ac-           any action brought to enforce section 6(d) may
                                            Hon. NANCY PELOSI,                                      counts for the entire differential in compensa-         be maintained as a class action as provided by
                                            The Speaker, House of Representatives,                  tion at issue. Such defense shall not apply             the Federal Rules of Civil Procedure.’’; and
                                            Washington, DC.                                         where the employee demonstrates that an alter-             (5) in the sentence beginning ‘‘The court in’’—
                                              DEAR MADAM SPEAKER: Pursuant to the                   native employment practice exists that would               (A) by striking ‘‘in such action’’ and inserting
                                            permission granted in Clause 2(h) of Rule II            serve the same business purpose without pro-            ‘‘in any action brought to recover the liability
                                            of the Rules of the U.S. House of Representa-           ducing such differential and that the employer          prescribed in any of the preceding sentences of
                                            tives, the Clerk received the following mes-            has refused to adopt such alternative practice.         this subsection’’; and
                                            sage from the Secretary of the Senate on                   ‘‘(C) For purposes of subparagraph (A), em-             (B) by inserting before the period the fol-
                                            April 15, 2021, at 11:28 a.m.:                          ployees shall be deemed to work in the same es-         lowing: ‘‘, including expert fees’’.
                                              That the Senate passed S. 400.                        tablishment if the employees work for the same             (e) ACTION BY THE SECRETARY.—Section 16(c)
                                              With best wishes, I am,                               employer at workplaces located in the same              of the Fair Labor Standards Act of 1938 (29
                                                  Sincerely,                                        county or similar political subdivision of a            U.S.C. 216(c)) is amended—
                                                                   CHERYL L. JOHNSON,               State. The preceding sentence shall not be con-
                                                                                                                                                               (1) in the first sentence—
                                                                                    Clerk.          strued as limiting broader applications of the
                                                                                                                                                               (A) by inserting ‘‘or, in the case of a violation
                                                             f                                      term ‘establishment’ consistent with rules pre-
                                                                                                                                                            of section 6(d), additional compensatory or pu-
                                                                                                    scribed or guidance issued by the Equal Employ-
                                                  PAYCHECK FAIRNESS ACT                                                                                     nitive damages, as described in subsection (b),’’
                                                                                                    ment Opportunity Commission.’’.
                                                                                                                                                            before ‘‘and the agreement’’; and
                                              Mr. SCOTT of Virginia. Mr. Speaker,                      (c) NONRETALIATION PROVISION.—Section 15 of
                                                                                                    the Fair Labor Standards Act of 1938 (29 U.S.C.            (B) by inserting before the period the fol-
                                            pursuant to House Resolution 303, I                                                                             lowing: ‘‘, or such compensatory or punitive
                                                                                                    215) is amended—
                                            call up the bill (H.R. 7) to amend the                     (1) in subsection (a)—                               damages, as appropriate’’;
                                            Fair Labor Standards Act of 1938 to                        (A) in paragraph (3), by striking ‘‘employee            (2) in the second sentence, by inserting before
                                            provide more effective remedies to vic-                 has filed’’ and all that follows and inserting          the period the following: ‘‘and, in the case of a
                                            tims of discrimination in the payment                   ‘‘employee—                                             violation of section 6(d), additional compen-
                                                                                                       ‘‘(A) has made a charge or filed any complaint       satory or punitive damages, as described in sub-
                                            of wages on the basis of sex, and for
                                                                                                    or instituted or caused to be instituted any in-        section (b)’’; and
                                            other purposes, and ask for its imme-                                                                              (3) in the third sentence, by striking ‘‘the first
                                                                                                    vestigation, proceeding, hearing, or action
                                            diate consideration.                                                                                            sentence’’ and inserting ‘‘the first or second sen-
                                                                                                    under or related to this Act, including an inves-
                                              The Clerk read the title of the bill.                 tigation conducted by the employer, or has testi-       tence’’.
                                              The SPEAKER pro tempore. Pursu-                       fied or is planning to testify or has assisted or          (f) ENFORCEMENT AUTHORITY.—
                                            ant to House Resolution 303, the                        participated in any manner in any such inves-              (1) IN GENERAL.—The Equal Opportunity Em-
                                            amendment in the nature of a sub-                       tigation, proceeding, hearing or action, or has         ployment Commission shall carry out the func-
                                            stitute recommended by the Com-                         served or is planning to serve on an industry           tions and authorities described in section 1 of
                                            mittee on Education and Labor printed                   committee;                                              Reorganization Plan No. 1 of 1978 (92 Stat. 3781;
                                                                                                       ‘‘(B) has opposed any practice made unlawful         5 U.S.C. App.) to enforce and administer the
                                            in the bill, modified by the amendment
                                                                                                    by this Act; or                                         provisions of section 6(d) of the Fair Labor
                                            printed in part A of House Report 117–                     ‘‘(C) has inquired about, discussed, or dis-         Standards Act of 1938 (29 U.S.C. 206(d)), except
                                            15, is adopted and the bill, as amended,                closed the wages of the employee or another em-         that the Secretary of Labor, through the Office
                                            is considered read.                                     ployee (such as by inquiring or discussing with         of Federal Contract Compliance Programs, may
                                              The text of the bill, as amended, is as               the employer why the wages of the employee are          also enforce this provision with respect to Fed-
                                            follows:                                                set at a certain rate or salary);’’;                    eral contractors, Federal subcontractors, and
                                                                 H.R. 7                                (B) in paragraph (5), by striking the period at      federally-assisted      construction    contractors,
                                                                                                    the end and inserting ‘‘; or’’; and                     within the jurisdiction of the Office of Federal
                                              Be it enacted by the Senate and House of Rep-            (C) by adding at the end the following:              Contract Compliance Programs under Executive
                                            resentatives of the United States of America in            ‘‘(6) to require an employee to sign a contract      Order 11246 (42 U.S.C. 2000e note; relating to
                                            Congress assembled,                                     or waiver that would prohibit the employee from         equal employment opportunity) or a successor
                                            SECTION 1. SHORT TITLE.                                 disclosing information about the employee’s             Executive Order.
                                              This Act may be cited as the ‘‘Paycheck Fair-         wages.’’; and                                              (2) COORDINATION.—The Equal Opportunity
                                            ness Act’’.                                                (2) by adding at the end the following:              Employment Commission shall issue such regu-
                                            SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY                  ‘‘(c) Subsection (a)(3)(C) shall not apply to in-    lations as may be necessary to explain and im-
                                                        REQUIREMENTS.                               stances in which an employee who has access to          plement the standards of such section 6(d). The
                                              (a) DEFINITIONS.—Section 3 of the Fair Labor          the wage information of other employees as a            Secretary of Labor may issue regulations to gov-
                                            Standards Act of 1938 (29 U.S.C. 203) is amended        part of such employee’s essential job functions         ern procedures for enforcement of section 6(d)
                                            by adding at the end the following:                     discloses the wages of such other employees to          by the Office of Federal Contract Compliance
                                               ‘‘(z) ‘Sex’ includes—                                individuals who do not otherwise have access to         Programs. The Secretary of Labor and the
                                               ‘‘(1) pregnancy, childbirth, or a related med-       such information, unless such disclosure is in          Equal Employment Opportunity Commission
                                            ical condition;                                         response to a complaint or charge or in further-        shall establish other coordinating mechanisms
                                               ‘‘(2) sexual orientation or gender identity; and     ance of an investigation, proceeding, hearing, or       as may be necessary.
                                               ‘‘(3) sex characteristics, including intersex        action under section 6(d), including an inves-          SEC. 3. TRAINING.
                                            traits.                                                 tigation conducted by the employer. Nothing in
                                               ‘‘(aa) ‘Sexual orientation’ includes homosex-                                                                   The Equal Employment Opportunity Commis-
                                                                                                    this subsection shall be construed to limit the
                                            uality, heterosexuality, and bisexuality.                                                                       sion and the Secretary of Labor, acting through
                                                                                                    rights of an employee provided under any other
                                               ‘‘(bb) ‘Gender identity’ means the gender-re-                                                                the Office of Federal Contract Compliance Pro-
                                                                                                    provision of law.’’.
                                            lated identity, appearance, mannerisms, or                 (d) ENHANCED PENALTIES.—Section 16(b) of             grams, subject to the availability of funds ap-
                                            other gender-related characteristics of an indi-        the Fair Labor Standards Act of 1938 (29 U.S.C.         propriated under section 11, shall provide train-
                                            vidual, regardless of the individual’s designated       216(b)) is amended—                                     ing to employees of the Commission and the Of-
                                            sex at birth.’’.                                           (1) by inserting after the first sentence the fol-   fice of Federal Contract Compliance Programs
                                               (b) BONA FIDE FACTOR DEFENSE AND MODI-               lowing: ‘‘Any employer who violates section             and to affected individuals and entities on mat-
                                            FICATION OF SAME ESTABLISHMENT REQUIRE-                 6(d), or who violates the provisions of section         ters involving discrimination in the payment of
                                                                                                                                                            wages.




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                                            MENT.—Section 6(d)(1) of the Fair Labor Stand-          15(a)(3) in relation to section 6(d), shall addi-
                                            ards Act of 1938 (29 U.S.C. 206(d)(1)) is amend-        tionally be liable for such compensatory dam-           SEC. 4. NEGOTIATION SKILLS TRAINING.
                                            ed—                                                     ages, or, where the employee demonstrates that            (a) PROGRAM AUTHORIZED.—
                                               (1) by striking ‘‘No employer having’’ and in-       the employer acted with malice or reckless indif-         (1) IN GENERAL.—The Secretary of Labor,
                                            serting ‘‘(A) No employer having’’;                     ference, punitive damages as may be appro-              after consultation with the Secretary of Edu-
                                               (2) by striking ‘‘the opposite’’ and inserting       priate, except that the United States shall not be      cation, is authorized to establish and carry out
                                            ‘‘another’’;                                            liable for punitive damages.’’;                         a grant program.




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                                            H1800                                              CONGRESSIONAL RECORD — HOUSE                                                             April 15, 2021
                                               (2) GRANTS.—In carrying out the program, the            (b) REPORT ON GENDER PAY GAP IN TEENAGE                (2) an entity carrying out an education refer-
                                            Secretary of Labor may make grants on a com-            LABOR FORCE.—                                           ral program, a training program, such as an ap-
                                            petitive basis to eligible entities to carry out ne-       (1) REPORT REQUIRED.—Not later than one              prenticeship or management training program,
                                            gotiation skills training programs for the pur-         year after the date of the enactment of this Act,       or a similar program; and
                                            poses of addressing pay disparities, including          the Secretary of Labor, acting through the Di-            (3) an entity carrying out a joint program,
                                            through outreach to women and girls.                    rector of the Women’s Bureau and in coordina-           formed by a combination of any entities de-
                                               (3) ELIGIBLE ENTITIES.—To be eligible to re-         tion with the Commissioner of Labor Statistics,         scribed in paragraph (1) or (2).
                                            ceive a grant under this subsection, an entity          shall—                                                  SEC. 7. COLLECTION OF PAY INFORMATION BY
                                            shall be a public agency, such as a State, a local         (A) submit to Congress a report on the gender                   THE EQUAL EMPLOYMENT OPPOR-
                                            government in a metropolitan statistical area (as       pay gap in the teenage labor force; and                            TUNITY COMMISSION.
                                            defined by the Office of Management and Budg-              (B) make the report available on a publicly            Section 709 of the Civil Rights Act of 1964 (42
                                            et), a State educational agency, or a local edu-        accessible website of the Department of Labor.          U.S.C. 2000e–8) is amended by adding at the end
                                            cational agency, a private nonprofit organiza-             (2) ELEMENTS.—The report under subsection            the following:
                                            tion, or a community-based organization.                (a) shall include the following:                          ‘‘(f)(1) Not later than 18 months after the date
                                               (4) APPLICATION.—To be eligible to receive a            (A) An examination of trends and potential           of enactment of this subsection, the Commission
                                            grant under this subsection, an entity shall sub-       solutions relating to the teenage gender pay            shall provide for the collection from employers
                                            mit an application to the Secretary of Labor at         gap.                                                    of compensation data and other employment-re-
                                            such time, in such manner, and containing such             (B) An examination of how the teenage gen-           lated data (including hiring, termination, and
                                            information as the Secretary of Labor may re-           der pay gap potentially translates into greater         promotion data) disaggregated by the sex, race,
                                            quire.                                                  wage gaps in the overall labor force.                   and national origin of employees.
                                               (5) USE OF FUNDS.—An entity that receives a             (C) An examination of overall lifetime earn-           ‘‘(2) In carrying out paragraph (1), the Com-
                                            grant under this subsection shall use the funds         ings and losses for informal and formal jobs for        mission shall have as its primary consideration
                                            made available through the grant to carry out           women, including women of color.                        the most effective and efficient means for en-
                                            an effective negotiation skills training program           (D) An examination of the teenage gender pay         hancing the enforcement of Federal laws pro-
                                            for the purposes described in paragraph (2).            gap, including a comparison of the average              hibiting pay discrimination. For this purpose,
                                               (b) INCORPORATING TRAINING INTO EXISTING             amount earned by males and females, respec-             the Commission shall consider factors including
                                            PROGRAMS.—The Secretary of Labor and the                tively, in informal jobs, such as babysitting and       the imposition of burdens on employers, the fre-
                                            Secretary of Education shall issue regulations or       other freelance jobs, as well as formal jobs, such      quency of required reports (including the size of
                                            policy guidance that provides for integrating the       as retail, restaurant, and customer service.            employers required to prepare reports), appro-
                                            negotiation skills training, to the extent prac-           (E) A comparison of—                                 priate protections for maintaining data con-
                                            ticable, into programs authorized under—                   (i) the types of tasks typically performed by
                                                                                                                                                            fidentiality, and the most effective format to re-
                                               (1) in the case of the Secretary of Education,       women from the teenage years through adult-
                                                                                                                                                            port such data.
                                            the Elementary and Secondary Education Act of           hood within certain informal jobs, such as baby-          ‘‘(3)(A) For each 12-month reporting period
                                            1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins      sitting and other freelance jobs, and formal jobs,      for an employer, the compensation data col-
                                            Career and Technical Education Act of 2006 (20          such as retail, restaurant, and customer service;       lected under paragraph (1) shall include, for
                                            U.S.C. 2301 et seq.), the Higher Education Act of       and                                                     each range of taxable compensation described in
                                            1965 (20 U.S.C. 1001 et seq.), and other programs          (ii) the types of tasks performed by younger
                                                                                                                                                            subparagraph (B), disaggregated by the cat-
                                            carried out by the Department of Education              males in such positions.
                                                                                                                                                            egories described in subparagraph (E)—
                                            that the Secretary of Education determines to be           (F) Interviews and surveys with workers and
                                                                                                                                                              ‘‘(i) the number of employees of the employer
                                            appropriate; and                                        employers relating to early gender-based pay
                                                                                                                                                            who earn taxable compensation in an amount
                                               (2) in the case of the Secretary of Labor, the       discrepancies.
                                                                                                                                                            that falls within such taxable compensation
                                            Workforce Innovation and Opportunity Act (29               (G) Recommendations for—
                                                                                                       (i) addressing pay inequality for women from         range; and
                                            U.S.C. 3101 et seq.), and other programs carried                                                                  ‘‘(ii) the total number of hours worked by
                                            out by the Department of Labor that the Sec-            the teenage years through adulthood, including
                                                                                                    such women of color;                                    such employees.
                                            retary of Labor determines to be appropriate.                                                                     ‘‘(B) Subject to adjustment under subpara-
                                               (c) REPORT.—Not later than 18 months after              (ii) addressing any disadvantages experienced
                                                                                                    by young women with respect to work experi-             graph (C), the taxable compensation ranges de-
                                            the date of enactment of this Act, and annually                                                                 scribed in this subparagraph are as follows:
                                            thereafter, the Secretary of Labor, in consulta-        ence and professional development;
                                                                                                       (iii) the development of standards and best            ‘‘(i) Not more than $19,239.
                                            tion with the Secretary of Education, shall pre-                                                                  ‘‘(ii) Not less than $19,240 and not more than
                                                                                                    practices for workers and employees to ensure
                                            pare and submit to Congress a report describing                                                                 $24,439.
                                                                                                    better pay for young women and the prevention
                                            the activities conducted under this section and                                                                   ‘‘(iii) Not less than $24,440 and not more than
                                                                                                    of early inequalities in the workplace; and
                                            evaluating the effectiveness of such activities in                                                              $30,679.
                                                                                                       (iv) expanding awareness for teenage girls on
                                            achieving the purposes of this section.                                                                           ‘‘(iv) Not less than $30,680 and not more than
                                                                                                    pay rates and employment rights in order to re-
                                            SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
                                                                                                    duce greater inequalities in the overall labor          $38,999.
                                              (a) IN GENERAL.—Not later than 18 months              force.                                                    ‘‘(v) Not less than $39,000 and not more than
                                            after the date of enactment of this Act, and pe-                                                                $49,919.
                                                                                                    SEC.    6.   ESTABLISHMENT OF THE NATIONAL
                                            riodically thereafter, the Secretary of Labor                          AWARD FOR PAY EQUITY IN THE                ‘‘(vi) Not less than $49,920 and not more than
                                            shall conduct studies and provide information to                       WORKPLACE.                               $62,919.
                                            employers, labor organizations, and the general              (a) IN GENERAL.—There is established the Na-         ‘‘(vii) Not less than $62,920 and not more than
                                            public concerning the means available to elimi-         tional Award for Pay Equity in the Workplace,           $80,079.
                                            nate pay disparities between men and women              which shall be awarded by the Secretary of                ‘‘(viii) Not less than $80,080 and not more than
                                            (including women who are Asian American,                Labor in consultation with the Equal Employ-            $101,919.
                                            Black or African-American, Hispanic American            ment Opportunity Commission, on an annual                 ‘‘(ix) Not less than $101,920 and not more than
                                            or Latino, Native American or Alaska Native,            basis, to an employer to encourage proactive ef-        $128,959.
                                            Native Hawaiian or Pacific Islander, and White          forts to comply with section 6(d) of the Fair             ‘‘(x) Not less than $128,960 and not more than
                                            American), including—                                   Labor Standards Act of 1938 (29 U.S.C. 206(d)),         $163,799.
                                               (1) conducting and promoting research to de-         as amended by this Act.                                   ‘‘(xi) Not less than $163,800 and not more than
                                            velop the means to correct expeditiously the con-          (b) CRITERIA FOR QUALIFICATION.—The Sec-             $207,999.
                                            ditions leading to the pay disparities, with spe-       retary of Labor, in consultation with the Equal           ‘‘(xii) Not less than $208,000.
                                            cific attention paid to women and girls from his-       Employment Opportunity Commission, shall—                 ‘‘(C) The Commission may adjust the taxable
                                            torically underrepresented and minority groups;            (1) set criteria for receipt of the award, in-       compensation ranges under subparagraph (B)—
                                               (2) publishing and otherwise making available        cluding a requirement that an employer has                ‘‘(i) if the Commission determines that such
                                            to employers, labor organizations, professional         made substantial effort to eliminate pay dispari-       adjustment is necessary to enhance enforcement
                                            associations, educational institutions, the             ties between men and women and deserves spe-            of Federal laws prohibiting pay discrimination;
                                            media, and the general public the findings re-          cial recognition as a consequence of such effort;       or
                                            sulting from studies and other materials, relat-        and                                                       ‘‘(ii) for inflation, in consultation with the
                                            ing to eliminating the pay disparities;                    (2) establish procedures for the application         Bureau of Labor Statistics.
                                               (3) sponsoring and assisting State, local, and       and presentation of the award.                            ‘‘(D) In collecting data described in subpara-
                                            community informational and educational pro-               (c) BUSINESS.—In this section, the term ‘‘em-        graph (A)(ii), the Commission shall provide that,
                                            grams;                                                  ployer’’ includes—                                      with respect to an employee who the employer is
                                               (4) providing information to employers, labor           (1)(A) a corporation, including a nonprofit          not required to compensate for overtime employ-




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                                            organizations, professional associations, and           corporation;                                            ment under section 7 of the Fair Labor Stand-
                                            other interested persons on the means of elimi-            (B) a partnership;                                   ards Act of 1938 (29 U.S.C. 207), an employer
                                            nating the pay disparities; and                            (C) a professional association;                      may report—
                                               (5) recognizing and promoting the achieve-              (D) a labor organization; and                          ‘‘(i) in the case of a full-time employee, that
                                            ments of employers, labor organizations, and               (E) a business entity similar to an entity de-       such employee works 40 hours per week, and in
                                            professional associations that have worked to           scribed in any of subparagraphs (A) through             the case of a part-time employee, that such em-
                                            eliminate the pay disparities.                          (D);                                                    ployee works 20 hours per week; or




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                     H1801
                                              ‘‘(ii) the actual number of hours worked by              ‘‘(2) rely on the wage history of a prospective     employers and employees to fully comply with
                                            such employee.                                          employee in determining the wages for such pro-        all applicable immigration laws, including being
                                              ‘‘(E) The categories described in this subpara-       spective employee, except that an employer may         subject to any penalties, fines, or other sanc-
                                            graph shall be determined by the Commission             rely on wage history if it is voluntarily provided     tions.
                                            and shall include—                                      by a prospective employee, after the employer          SEC. 13. SEVERABILITY.
                                              ‘‘(i) race;                                           makes an offer of employment with an offer of            If any provision of this Act, an amendment
                                              ‘‘(ii) national origin;                               compensation to the prospective employee, to           made by this Act, or the application of that pro-
                                              ‘‘(iii) sex; and                                      support a wage higher than the wage offered by         vision or amendment to particular persons or
                                              ‘‘(iv) job categories, including the job cat-         the employer;                                          circumstances is held invalid or found to be un-
                                            egories described in the instructions for the              ‘‘(3) seek from a prospective employee or any       constitutional, the remainder of this Act, the
                                            Equal Employment Opportunity Employer Infor-            current or former employer the wage history of         amendments made by this Act, or the applica-
                                            mation Report EEO–1, as in effect on the date of        the prospective employee, except that an em-           tion of that provision to other persons or cir-
                                            the enactment of this subsection.                       ployer may seek to confirm prior wage informa-         cumstances shall not be affected.
                                              ‘‘(F) The Commission shall use the compensa-          tion only after an offer of employment with
                                            tion data collected under paragraph (1)—                compensation has been made to the prospective
                                                                                                                                                             The SPEAKER pro tempore. The bill,
                                              ‘‘(i) to enhance—                                     employee and the prospective employee responds         as amended, shall be debatable for 1
                                              ‘‘(I) the investigation of charges filed under        to the offer by providing prior wage information       hour equally divided and controlled by
                                            section 706 or section 6(d) of the Fair Labor           to support a wage higher than that offered by          the chair and ranking minority mem-
                                            Standards Act of 1938 (29 U.S.C. 206(d)); and           the employer; or                                       ber of the Committee on Education and
                                              ‘‘(II) the allocation of resources to investigate        ‘‘(4) discharge or in any other manner retali-      Labor.
                                            such charges; and                                       ate against any employee or prospective em-
                                              ‘‘(ii) for any other purpose that the Commis-
                                                                                                                                                             The gentleman from Virginia (Mr.
                                                                                                    ployee because the employee or prospective em-
                                            sion determines appropriate.                                                                                   SCOTT) and the gentlewoman from
                                                                                                    ployee—
                                              ‘‘(G) The Commission shall annually make                 ‘‘(A) opposed any act or practice made unlaw-       North Carolina (Ms. FOXX) each will
                                            publicly available aggregate compensation data          ful by this section; or                                control 30 minutes.
                                            collected under paragraph (1) for the categories           ‘‘(B) took an action for which discrimination         The Chair recognizes the gentleman
                                            described in subparagraph (E), disaggregated by         is forbidden under section 15(a)(3).                   from Virginia (Mr. SCOTT).
                                            industry, occupation, and core based statistical           ‘‘(b) DEFINITION.—In this section, the term                           GENERAL LEAVE
                                            area (as defined by the Office of Management            ‘wage history’ means the wages paid to the pro-
                                            and Budget).                                            spective employee by the prospective employee’s
                                                                                                                                                              Mr. SCOTT of Virginia. Mr. Speaker,
                                              ‘‘(4) The compensation data under paragraph           current employer or previous employer.’’.              I ask unanimous consent that all Mem-
                                            (1) shall be collected from each employer that—            (b) PENALTIES.—Section 16 of such Act (29           bers have 5 legislative days in which to
                                              ‘‘(A) is a private employer that has 100 or           U.S.C. 216) is amended by adding at the end the        revise and extend their remarks and in-
                                            more employees, including such an employer              following new subsection:                              sert extraneous materials on H.R. 7,
                                            that is a contractor with the Federal Govern-              ‘‘(f)(1) Any person who violates the provisions     the Paycheck Fairness Act.
                                            ment, or a subcontractor at any tier thereof; or        of section 8 shall—                                       The SPEAKER pro tempore. Is there
                                              ‘‘(B) the Commission determines appro-                   ‘‘(A) be subject to a civil penalty of $5,000 for
                                                                                                    a first offense, increased by an additional $1,000     objection to the request of the gen-
                                            priate.’’.
                                            SEC. 8. REINSTATEMENT OF PAY EQUITY PRO-                for each subsequent offense, not to exceed             tleman from Virginia?
                                                       GRAMS AND PAY EQUITY DATA COL-               $10,000; and                                              There was no objection.
                                                       LECTION.                                        ‘‘(B) be liable to each employee or prospective        Mr. SCOTT of Virginia. Mr. Speaker,
                                              (a) BUREAU OF LABOR STATISTICS DATA COL-              employee who was the subject of the violation          I yield myself such time as I may con-
                                            LECTION.—The Commissioner of Labor Statistics           for special damages not to exceed $10,000 plus         sume.
                                            shall continue to collect data on women workers         attorneys’ fees, and shall be subject to such in-         Mr. Speaker, I rise in support of H.R.
                                            in the Current Employment Statistics survey.            junctive relief as may be appropriate.                 7, the Paycheck Fairness Act.
                                              (b) OFFICE OF FEDERAL CONTRACT COMPLI-                   ‘‘(2) An action to recover the liability de-
                                                                                                    scribed in paragraph (1)(B) may be maintained
                                                                                                                                                              When President Kennedy signed the
                                            ANCE PROGRAMS INITIATIVES.—The Director of
                                                                                                    against any employer (including a public agen-         Equal Pay Act in 1963, our country
                                            the Office of Federal Contract Compliance Pro-
                                            grams shall collect compensation data and other         cy) in any Federal or State court of competent         codified the basic idea that all workers
                                            employment-related data (including, hiring, ter-        jurisdiction by any one or more employees or           should earn equal pay for equal work,
                                            mination, and promotion data) by demographics           prospective employees for and on behalf of—            regardless of sex. Regrettably, more
                                            and designate not less than half of all non-               ‘‘(A) the employees or prospective employees;       than five decades later and after the
                                            construction contractors each year to prepare           and                                                    passage of the Lilly Ledbetter Fair Pay
                                            and file such data, and shall review and utilize           ‘‘(B) other employees or prospective employees
                                                                                                    similarly situated.’’.
                                                                                                                                                           Act, that promise remains unfulfilled.
                                            the responses to such data to identify contrac-                                                                   Today, women continue to be paid,
                                            tors for further evaluation and for other en-           SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
                                                                                                      (a) AUTHORIZATION OF APPROPRIATIONS.—                on average, 82 cents on the dollar com-
                                            forcement purposes as appropriate.
                                              (c) DEPARTMENT OF LABOR DISTRIBUTION OF               There are authorized to be appropriated such           pared to men. This wage disparity is
                                            WAGE DISCRIMINATION INFORMATION.—The Sec-               sums as may be necessary to carry out this Act.        far worse for women of color, who
                                            retary of Labor shall make readily available (in          (b) PROHIBITION ON EARMARKS.—None of the             make less than White men and White
                                            print, on the Department of Labor website, and          funds appropriated pursuant to subsection (a)          women. It exists across every sector,
                                            through any other forum that the Department             for purposes of the grant program in section 5 of      regardless of education, experience, oc-
                                            may use to distribute compensation discrimina-          this Act may be used for a congressional ear-
                                                                                                                                                           cupation, industry or job title. A re-
                                            tion information), accurate information on com-         mark as defined in clause 9(e) of rule XXI of the
                                                                                                    Rules of the House of Representatives.                 cent Census Bureau study found that 38
                                            pensation discrimination, including statistics,
                                                                                                    SEC. 11. SMALL BUSINESS ASSISTANCE.                    to 70 percent of the gender wage gap is
                                            explanations of employee rights, historical anal-
                                            yses of such discrimination, instructions for em-         (a) EFFECTIVE DATE.—This Act and             the     unexplained and likely due to discrimi-
                                            ployers on compliance, and any other informa-           amendments made by this Act shall take effect          nation.
                                            tion that will assist the public in understanding       on the date that is 6 months after the date of            Drawn out over a lifetime, the per-
                                            and addressing such discrimination.                     enactment of this Act.                                 sistent wage gap could cost a woman
                                            SEC. 9. PROHIBITIONS RELATING TO PROSPEC-                 (b) TECHNICAL ASSISTANCE MATERIALS.—The              anywhere from $400,000 to $2 million.
                                                       TIVE EMPLOYEES’ SALARY AND BEN-              Secretary of Labor and the Commissioner of the         This impacts both workers and their
                                                       EFIT HISTORY.                                Equal Employment Opportunity Commission
                                                                                                                                                           families, often meaning the difference
                                              (a) IN GENERAL.—The Fair Labor Standards              shall jointly develop technical assistance mate-
                                                                                                    rial to assist small enterprises in complying with     between financial stability and per-
                                            Act of 1938 (29 U.S.C. 201 et seq.) is amended by
                                            inserting after section 7 the following new sec-        the requirements of this Act and the amend-            petual hardship.
                                            tion:                                                   ments made by this Act.                                   The Paycheck Fairness Act offers an
                                            ‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RE-               (c) SMALL BUSINESSES.—A small enterprise             opportunity to finally secure equal pay
                                                         LATING TO WAGE, SALARY, AND BEN-           shall be exempt from the provisions of this Act,       for equal work. The bill strengthens
                                                         EFIT HISTORY.                              and the amendments made by this Act, to the            the Equal Pay Act by bolstering work-
                                               ‘‘(a) IN GENERAL.—It shall be an unlawful            same extent that such enterprise is exempt from        ers’ rights to discuss their wages with
                                                                                                    the requirements of the Fair Labor Standards




ctelli on DSK11ZRN23PROD with HOUSE
                                            practice for an employer to—                                                                                   coworkers and making it easier for
                                              ‘‘(1) rely on the wage history of a prospective       Act of 1938 (29 U.S.C. 201 et seq.) pursuant to
                                                                                                    clauses (i) and (ii) of section 3(s)(1)(A) of such     workers to join class action lawsuits;
                                            employee in considering the prospective em-
                                            ployee for employment, including requiring that         Act (29 U.S.C. 203(s)(1)(A)).                          enhancing the enforcement tools avail-
                                            a prospective employee’s prior wages satisfy            SEC. 12. RULE OF CONSTRUCTION.                         able to the Equal Employment Oppor-
                                            minimum or maximum criteria as a condition of            Nothing in this Act, or in any amendments             tunity Commission and the Labor De-
                                            being considered for employment;                        made by this Act, shall affect the obligation of       partment; and, more importantly, by



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                                            H1802                                              CONGRESSIONAL RECORD — HOUSE                                                       April 15, 2021
                                            closing loopholes for employer defenses                   Mr. Speaker, I rise today in opposi-                    H.R. 7 would radically alter this law,
                                            and requiring employers to prove pay                    tion to H.R. 7, the Democrats’ conven-                 requiring a business owner to convince
                                            disparities exist for legitimate, job-re-               iently titled, but painfully misguided,                a judge or jury that the pay differen-
                                            lated reasons.                                          Paycheck Fairness Act, which should                    tial was required by ‘‘business neces-
                                              The Biden administration has issued                   be called the paychecks for trial law-                 sity.’’ This is a nearly impossible bur-
                                            a Statement of Administration Policy                    yers act.                                              den of proof to meet that will lead to
                                            in support of this bill. It states: ‘‘En-                 We all agree on the fundamental                      unfair judgments against business own-
                                            suring equal pay is essential to advanc-                principle of this bill: women should not               ers because the plain meaning of the
                                            ing American values of fairness and eq-                 be paid less than men for the same                     term ‘‘business necessity’’ is that the
                                            uity.’’                                                 work.                                                  pay differential must be absolutely es-
                                              Then it adds: ‘‘The Paycheck Fair-                      That is not up for debate; and, for                  sential to the business.
                                            ness Act is commonsense legislation                     me, it has never been up for debate;                      H.R. 7 would also result in a flood of
                                            that would strengthen the Equal Pay                     and, for our country, it hasn’t been                   litigation in front of judges and juries,
                                            Act and give workers more tools to                      since 1963, when the Equal Pay Act                     who will delve into employer com-
                                            fight sex-based pay discrimination.’’                   amended the Fair Labor Standards                       pensation decisions even when the em-
                                              Mr. Speaker, I include in the RECORD                  Act, making equal pay the law of the                   ployer can demonstrate that those de-
                                            the Statement of Administration Pol-                    land.                                                  cisions are based on legitimate, busi-
                                            icy of H.R. 7.                                            Moreover, in 1964, title VII of the                  ness-related reasons having nothing to
                                                STATEMENT OF ADMINISTRATION POLICY                  Civil   Rights     Act    codified   non-              do with the sex of the employee.
                                                 H.R. 7—PAYCHECK FAIRNESS ACT—REP.                  discrimination rules for employment,                      Fearing Big Government and liabil-
                                                  DELAURO, D–CT, AND 225 COSPONSORS                                                                        ity risks that could leave them bank-
                                                                                                    making it illegal to discriminate on
                                               The Administration strongly supports                 the basis of race, color, national origin,             rupt, many business owners will likely
                                            House passage of H.R. 7, the Paycheck Fair-                                                                    implement rigid pay bands—a model
                                                                                                    religion, and sex.
                                            ness Act. Ensuring equal pay is essential to                                                                   used by government and unionized
                                            advancing American values of fairness and                 The question before us today is
                                                                                                    whether the Democrats’ Paycheck                        businesses. This means workers will
                                            equity. Women lose thousands of dollars
                                            each year, and hundreds of thousands over a             Fairness Act provides any additional                   not be compensated on the basis of
                                            lifetime, because of the gender and racial              protections to women in the work-                      merit.
                                            wage gap. Women working full-time, year-                place. The answer is a resounding no.                     This is the opposite of the American
                                            round in 2019 earned 82 cents for every dollar            The United States has some of the                    Dream. As one columnist wrote:
                                            earned by men working full-time; year-                  most varied and complex workplaces in                  ‘‘equality of opportunity—not out-
                                            round, and these disparities are greater for                                                                   comes—is the American ideal.’’
                                                                                                    the world. Before the onslaught of
                                            women of color. Pay inequity also impacts                                                                         On top of the legal jeopardy this bill
                                            individuals who face intersecting forms of              COVID–19, women were earning mer-
                                                                                                    ited paychecks in record numbers. Ac-                  creates for employers, H.R. 7 also man-
                                            discrimination based on sexual orientation                                                                     dates that business owners submit
                                            and gender identity, including LGBTQ+ indi-             cording to a Harvard University anal-
                                            viduals.                                                ysis and numerous other studies, the                   mountains of worker pay data to the
                                               Due to the COVID–19 pandemic, millions of            difference in earning between men and                  Federal Government. This will pose
                                            women have dropped out of the labor force,              women comes down to choices made re-                   significant threats to the confiden-
                                            partly reflecting the increased domestic                                                                       tiality and privacy of workers’ pay
                                            labor demands on women. Caregiving de-
                                                                                                    garding careers and parenting. Many
                                                                                                                                                           data, create a data stash that would be
                                            mands often fall disproportionately on                  working women take advantage of
                                                                                                                                                           impossible to protect or interpret, and
                                            women, which leads to many women having                 flexible work schedules to meet their
                                                                                                                                                           cost business owners more than $600
                                            to reduce their hours, resulting in lower               diverse needs. A survey by Pew found
                                                                                                                                                           million annually.
                                            earnings. As more and more American fami-               70 percent of working mothers say that                    This bill purports to champion equal-
                                            lies rely on women’s income, the pay gap                a flexible schedule is extremely impor-
                                            hurts not only women, but also the families                                                                    ity for women, yet it disregards the 40
                                                                                                    tant.                                                  percent of small businesses owned by
                                            who depend on them. The cumulative impact                 Democrats aren’t giving the full
                                            of wage gaps adds up to financial insecurity                                                                   women that will be forced to imple-
                                                                                                    story when they talk about pay dif-                    ment pay policies found in govern-
                                            over the course of a career for women and
                                            their families and for generations who fol-             ferences. Women are making career                      ment-run workplaces and be stuck pay-
                                            low.                                                    choices that are best for themselves                   ing through the nose in compliance
                                               The Paycheck Fairness Act is common-                 and their families. Limiting their free-               costs if this bill passes.
                                            sense legislation that would strengthen the             dom to do so is wrong. Congress has no                    Even worse, H.R. 7 will severely limit
                                            Equal Pay Act and give workers more tools               place in telling women their career
                                            to fight sex-based pay discrimination. It
                                                                                                                                                           workplace flexibility for women. Many
                                                                                                    choices are wrong, yet Democrats are                   working women take advantage of
                                            would also take major steps toward increas-
                                                                                                    hellbent on telling all Americans how                  flexible work schedules to meet their
                                            ing pay transparency, an essential provision
                                            to advance equality in the workplace, by ex-            to live their lives, how to spend their                diverse needs, yet this harmful legisla-
                                            plicitly protecting workers from retaliation            money, and now how to make career                      tion completely ignores this reality
                                            for simply discussing their compensation                decisions.                                             and threatens to take away the choices
                                            with their colleagues. The bill would also ex-            The Paycheck Fairness Act is not a                   and freedom necessary for them to re-
                                            pand opportunities for workers to receive               win for women in the slightest. It is a                tain employment.
                                            training on effective negotiation skills. The           false promise that creates opportuni-                     We know employees prefer workable
                                            bill would also limit an employer’s ability to          ties and advantages only for trial law-                and flexible schedules, and now is not
                                            rely on salary history during the hiring proc-          yers looking for easy payouts while
                                            ess to set pay, or when determining wages                                                                      the time to limit these options for
                                            for a promotion. H.R. 7 would hold employers
                                                                                                    causing irreparable harm to employers.                 women who have been hit particularly
                                            accountable by closing judicially created               By making it much easier to bring law-                 hard by the COVID–19 pandemic.
                                            loopholes for employer defenses and by add-             suits of questionable validity against                    Should my Democrat colleagues wish
                                            ing a class action option under the Federal             employers, trial lawyers will be able to               to discuss additional policies which
                                            Rules of Civil Procedure. The bill would re-            force employers into settlements or try                will foster the advancement of women
                                            quire the collection of pay data to enable              for unlimited paydays from jury                        in the workplace, we can consider leg-
                                            better enforcement of laws prohibiting pay              awards, lining their own pockets and                   islation that safely reopens our schools
                                            discrimination.                                         dragging women through tedious,                        and businesses, provides the flexibility
                                               The Administration looks forward to con-
                                            tinuing to work with the Congress to address            never-ending legal proceedings.                        and support to expand work-based
                                            pay equity and urges quick action on this                 In the United States, we believe in                  learning programs and create viable
                                            landmark bill.                                          innocence until proven guilty, but this                pathways that enable more individuals




ctelli on DSK11ZRN23PROD with HOUSE
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   bill assumes otherwise. Under current                  to reskill and build fulfilling careers on
                                            I urge my colleagues to join me in vot-                 law, business owners can defend them-                  their own terms, and promotes career
                                            ing for this legislation, and I reserve                 selves from a claim of pay discrimina-                 and technical education, to name a
                                            the balance of my time.                                 tion by proving that a pay differential                few.
                                              Ms. FOXX. Mr. Speaker, I yield my-                    is based on legitimate, business-related                  Unfortunately, my Democrat col-
                                            self such time as I may consume.                        factors other than sex.                                leagues would rather impose radical



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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1803
                                            and unworkable policy under the guise                      In fact, we are in a much stronger po-              simple; so simple. Men and women in
                                            of progress than find bipartisan solu-                  sition today than we were 30, let alone                the same job deserve the same pay. It
                                            tions which foster environments where                   60 years ago.                                          is a principle that we adhere to in this
                                            individuals are empowered to succeed                       This legislation from the Democrat                  Congress, and I don’t believe anyone
                                            and make the decisions that are best                    Party is just another attempt to insert                would challenge it. The same is true of
                                            for them.                                               themselves further into the workplace                  the U.S. military.
                                              Mr. Speaker, I urge a ‘‘no’’ vote on                  with a purported cure for a disease that                 Last month, we recognized Equal Pay
                                            H.R. 7, and I reserve the balance of my                 doesn’t exist. Democrats are dependent                 Day on March 24, which is the day into
                                            time.                                                   upon the perception of discrimination                  the current year that women must
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   and victimhood to expand their base of                 work to meet the wages earned by men
                                            I yield 1 minute to the gentlewoman                     power as they continue to divide us as                 in the previous year.
                                            from Massachusetts (Ms. CLARK), who                     a Nation.                                                The National Committee on Pay Eq-
                                            is the Assistant Speaker of the House.                     Democrats also view employers, busi-                uity tells us, at its lowest point in 1973,
                                              Ms. CLARK of Massachusetts. Mr.                       nesses, and job creators with disdain,                 full-time, working women earned a me-
                                            Speaker,     in  December,    American                  believing that, left to their own de-                  dian of 56.6 cents to every dollar that
                                            women lost 156,000 jobs, accounting for                 vices, they would seek to harm and ex-                 full-time working men earned. Today,
                                            100 percent of jobs lost; and since the                 ploit their employees. Not to worry,                   women who work full-time, year-round
                                            start of this pandemic, nearly 3 million                Big Government to the rescue; or, more                 are paid, on average, only 82 cents for
                                            women have been pushed out of the                       accurately, big Democrat government                    every dollar paid to men.
                                            workforce.                                              laying on more control, more regula-                     The gap exists in every State, regard-
                                              Women have borne the brunt of the                     tions, more mandates, all designed to                  less of geography, occupation, edu-
                                            economic crisis brought on by this pan-                 enrich their trial lawyer friends and in-              cation, or work patterns. And it is
                                            demic, and gender pay inequality is at                  crease liability for employers.                        worse for women of color. Latinas are
                                            the root of the problem. More than five                    The Democrats will disingenuously                   typically paid 55 cents; Native Amer-
                                            decades after the passage of the Equal                  cite statistics that indicate that there               ican women 60 cents; Black women 63
                                            Pay Act, women still only make 82                       are discrepancies in income based on                   cents; Asian American and Pacific Is-
                                            cents for every dollar earned by men,                   gender, but they won’t specify discrep-                lander women are paid as little as 52
                                            and that gap is even wider for women                    ancies in pay for the same positions in                cents.
                                            of color.                                               the same industries because they don’t                   This wage disparity costs the average
                                              By passing the Paycheck Fairness                      exist.                                                 American woman and her family an es-
                                            Act today, we are correcting this injus-                   This bill adds more layers of burden-               timated $400,000 to $2 million, impact-
                                            tice and ensuring that all people re-                   some and costly reporting require-                     ing Social Security benefits and pen-
                                            ceive equal pay for equal work.                         ments for businesses, estimated to cost                sions.
                                              Let’s be clear: this isn’t a women’s                  about $600 million a year, costs which                   Today, the issue and the environ-
                                            issue. Pay inequity hurts children,                     will be passed on to consumers in high-                ment have collided. This pandemic has
                                            families, and our entire economy. It is                 er prices with no real benefit.                        brought out the depth of our problem,
                                            fundamental to our recovery and our                        The bill doesn’t do anything to help                exposed existing inequalities, and
                                            ability to not just rebuild to status                   women in the workplace, but it hurts                   threatened women’s economic security
                                            quo, but to rebuild a just and inclusive                employers, exposing them to greater li-                at a disproportionate rate. Women
                                            America for all.                                        ability, and enriches the trial lawyer                 have lost more than five million jobs;
                                              Ms. FOXX. Mr. Speaker, I yield 3                      donors to the Democrat Party. It al-                   and as we seek to rebuild our economy,
                                            minutes to the gentleman from Vir-                      lows the lawyers to litigate every deci-               let us remember that the pay gap hurts
                                            ginia (Mr. GOOD).                                       sion an employer makes, and to bank-                   not only women, but also the families
                                              Mr. GOOD of Virginia. Mr. Speaker, I                  rupt small businesses by seeking un-                   who depend on them.
                                            thank Ranking Member FOXX for yield-                    limited monetary damages.                                The Paycheck Fairness Act is a bi-
                                            ing.                                                       It makes it impossible for employers                partisan piece of legislation, which has
                                              Mr. Speaker, everyone supports equal                  to defend charges of gender-based dis-                 the support of every member of the
                                            pay for equal performance, and every-                   crimination when experience, quali-                    Democratic Caucus, as well as three
                                            one is against gender-based wage dis-                   fications, or performance warrants                     Republicans. It would toughen the rem-
                                            crimination. This has been the law for                  higher pay. They would now need to                     edies in the Equal Pay Act of 1963 to
                                            nearly 60 years.                                        prove that the determination is a busi-                give America’s working women the op-
                                              When I entered the workforce 30                       ness necessity.                                        portunity to fight wage discrimination
                                            years ago after college, wage discrimi-                    Leave it to politicians in Washington               and receive the paycheck they have
                                            nation was basically nonexistent,                       to think that they have the right to de-               rightfully earned.
                                            thanks to the law and a simple recogni-                 termine for employers what is a busi-                    It would require employers to prove
                                            tion of the value of a diverse work-                    ness necessity.                                        that pay disparities exist for legiti-
                                            force. Companies then, as now, simply                      Left to themselves, businesses and                  mate, job-related reasons; ban retalia-
                                            assigned a starting salary based upon                   employers tend to get it right. But Big                tion against workers who discuss their
                                            the position, and paid that wage to ev-                 Government almost never gets it right,                 wages; it facilitates a wronged work-
                                            eryone they hired; thereafter providing                 and this bill is no exception. I urge a                er’s participation in a class action suit;
                                            merit increases based upon perform-                     ‘‘no’’ vote.                                           and it prohibits employers from seek-
                                            ance, unlike what happens in union                         Mr. SCOTT of Virginia. Mr. Speaker,                 ing the salary history of prospective
                                            shops and with government positions.                    I yield 5 minutes to the gentlewoman                   employees.
                                              But do my Democrat friends across                     from Connecticut (Ms. DELAURO), the                      And by now, we are all familiar with
                                            the aisle base their staff salaries on                  sponsor of the bill, a champion for                    the case of Lilly Ledbetter. Her bosses
                                            gender? Or do they pay women less                       equal pay, and the chair of the House                  said: ‘‘Their plant did not need women;
                                            than men? Or do they set salaries based                 Appropriations Committee.                              that women did not help, and, in fact,
                                            on market conditions, qualifications,                      Ms. DELAURO. Mr. Speaker, I rise in                 they caused problems.’’
                                            and experience?                                         strong support of the Paycheck Fair-                     Well, a jury found that, yes, Lilly
                                                                                                    ness Act, legislation that I have intro-               Ledbetter had been discriminated
                                                            b 1245                                  duced in every Congress since 1997.                    against, and awarded her $3.8 million in
                                              Why do they assume less of private                       Since then, we have pushed and bat-                 back pay and damages, which the Su-
                                            employers?                                              tled to strengthen the Equal Pay Act                   preme Court eliminated. She received




ctelli on DSK11ZRN23PROD with HOUSE
                                              We already have laws and protections                  of 1963. We launched, side by side, into               nothing, as it closed the courtroom
                                            that ensure fair pay, and companies                     the fray to elevate pay discrimination,                door to all women.
                                            must maintain documentation dem-                        to emphasize how central its impact is                   We, the Congress, reopened that door
                                            onstrating nondiscrimination in wages,                  to working families.                                   with the Lilly Ledbetter Fair Pay Act.
                                            performance evaluations, and merit in-                     I cannot tell you how difficult it has              It reversed the Supreme Court’s deci-
                                            creases.                                                been to break through on something so                  sion. It was a court access case, but it



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                                            H1804                                              CONGRESSIONAL RECORD — HOUSE                                                        April 15, 2021
                                            did not address the underlying issue of                 remains exceptionally high. These high job-            Alabama, AAUW of Alaska (AAUW Fair-
                                            pay discrimination.                                     less numbers threaten to exacerbate gender             banks (AK) Branch), AAUW of Arizona,
                                              President Dwight D. Eisenhower in                     wage gaps when women regain employment.                AAUW of Arkansas, AAUW of California,
                                                                                                    We cannot build back an economy that                   AAUW of Colorado, AAUW of Connecticut,
                                            1956, in his State of the Union address,
                                                                                                    works for everyone without ensuring that all           AAUW of Delaware, AAUW of District of Co-
                                            said: ‘‘Legislation to apply the prin-                  women can work with equality, safety, and              lumbia (AAUW Washington (DC) Branch,
                                            ciple of equal pay for equal work with-                 dignity, starting with pay equity.                     AAUW Capitol Hill (DC) Branch), AAUW of
                                            out discrimination because of sex is a                    There is no more fitting way to begin this           Florida, AAUW of Georgia, AAUW of Hawaii,
                                            matter of simple justice. I earnestly                   session than by making real, concrete                  AAUW of Idaho, AAUW of Illinois, AAUW of
                                            urge the Congress to move swiftly to                    progress in ensuring all women receive fair            Indiana, AAUW of Iowa, AAUW of Kansas,
                                            implement these needed labor meas-                      pay. The Paycheck Fairness Act updates and             AAUW of Kentucky, AAUW of Louisiana,
                                                                                                    strengthens the Equal Pay Act of 1963 to en-           AAUW of Maine, AAUW of Maryland, AAUW
                                            ures.’’                                                 sure that it provides robust protection                of Massachusetts, AAUW of Michigan, AAUW
                                              When President Kennedy signed the                     against sex-based pay discrimination. Among            of Minnesota, AAUW of Mississippi, AAUW
                                            Equal Pay Act into law nearly 58 years                  other provisions, this comprehensive bill              of Missouri, AAUW of Montana, AAUW of
                                            ago, he said: ‘‘It is a first step. It af-              bars retaliation against workers who volun-            Nebraska, AAUW of Nevada, AAUW of New
                                            firms our determination that when                       tarily discuss or disclose their wages. It             Hampshire, AAUW of New Jersey, AAUW of
                                            women enter the labor force, they will                  closes loopholes that have allowed employers           New Mexico, AAUW of New York, AAUW of
                                            find equality in their pay envelopes.’’                 to pay women less than men for the same                North Carolina, AAUW of North Dakota,
                                              The Paycheck Fairness Act is the                      work without any important business jus-               AAUW of Ohio, AAUW of Oklahoma, AAUW
                                                                                                    tification related to the job. It ensures              of Oregon, AAUW of Pennsylvania, AAUW of
                                            next step. It simply brings the Equal                                                                          Puerto Rico, AAUW of Rhode Island, AAUW
                                                                                                    women can receive the same robust remedies
                                            Pay Act into line with the remedies al-                 for sex-based pay discrimination that are              of South Carolina, AAUW of South Dakota,
                                            ready available for those who are sub-                  currently available to those subjected to dis-         AAUW of Tennessee, AAUW of Texas, AAUW
                                            ject to other forms of employment dis-                  crimination based on race and ethnicity. It            of Utah, AAUW of Vermont, AAUW of Vir-
                                            crimination. That is it, pure and sim-                  prohibits employers from relying on salary             ginia, AAUW of Washington, AAUW of West
                                            ple.                                                    history in determining future pay, so that             Virginia, AAUW of Wisconsin, AAUW of Wy-
                                              We have passed paycheck fairness                      pay discrimination does not follow women               oming.
                                                                                                    from job to job. And it also provides much               American Federation of Labor-Congress of
                                            through this House in 2008, 2009, 2019.
                                                                                                    needed training and technical assistance, as           Industrial Unions (AFL-CIO); American Fed-
                                            But, now, in the 117th Congress in                                                                             eration of State, County and Municipal Em-
                                                                                                    well as data collection and research.
                                            which we welcomed the most women in                       Women are increasingly the primary or co-            ployees; American Federation of Teachers;
                                            our history, we must get it into law.                   breadwinner in their families and cannot af-           AnitaB.org; Association of Flight Attend-
                                            We have the opportunity to make good                    ford to be shortchanged any longer. Women              ants-CWA; Bend the Arc Jewish Action; Cali-
                                            on that promise that Presidents of                      working full-time, year-round are typically            fornia Women’s Law Center; Catalyst; Center
                                            both parties have made. We need to                      paid only 82 cents for every dollar paid to            for American Progress; Center for Law and
                                                                                                    men. But for every dollar paid to their white,         Social Policy (CLASP); Center for LGBTQ
                                            seize that moment.                                                                                             Economic Advancement & Research; Clear-
                                              It is time for us to say that the work                non-Hispanic male counterparts, Black
                                                                                                    women only make 63 cents, Native women                 inghouse on Women’s Issues; Coalition of
                                            that women do in our society today is                                                                          Labor Union Women: Philadelphia Coalition
                                                                                                    only 60 cents, and Latinas only 55 cents.
                                            valued and respected, and the contribu-                                                                        of Labor Union Women; Community Health
                                                                                                    While Asian American and Pacific Islander
                                            tion that we make, if it is good enough                 (AAPI) women make 87 cents for every dollar
                                                                                                                                                           Councils; Congregation of Our Lady of Char-
                                            for the women in the House of Rep-                                                                             ity of the Good Shepherd, U.S. Provinces;
                                                                                                    paid to white, non-Hispanic men, women in
                                            resentatives, then it is good enough for                                                                       Connecticut Women’s Education and Legal
                                                                                                    many AAPI communities experience dras-
                                            women all over the United States.                                                                              Fund (CWEALF); Disciples Center for Public
                                                                                                    tically wider pay gaps. Furthermore, moms
                                                                                                                                                           Witness.
                                              Mr. Speaker, I include in the RECORD                  are paid less than dads. And even when con-              Equal Pay Today; Equal Rights Advocates;
                                            a letter supporting the Paycheck Fair-                  trolling for factors, such as education and            Every Texan; Family Forward Oregon; Fam-
                                            ness Act by a broad coalition of organi-                experience, the pay gaps persist and start             ily Values@ Work; Feminist Majority Foun-
                                            zations that promote economic oppor-                    early in women’s careers and contribute to a           dation; Futures Without Violence; Gender
                                                                                                    wealth gap that follows them throughout                Justice; Holy Spirit Missionary Sisters,
                                            tunity for women.
                                                                                                    their lifetimes. These pay gaps can be ad-             USA-JPIC; In Our Own Voice: National
                                                                        FEBRUARY 3, 2021.
                                                                                                    dressed only if workers have the legal tools           Black Women’s Reproductive Justice Agen-
                                             CO-SPONSOR AND SUPPORT SWIFT PASSAGE OF                necessary to challenge discrimination and
                                                     THE PAYCHECK FAIRNESS ACT                                                                             da; Indiana Institute for Working Families;
                                                                                                    employers are provided with effective incen-           Institute for Women’s Policy Research; Jus-
                                              DEAR MEMBER OF CONGRESS: As members of                tives and technical assistance to comply               tice for Migrant Women; KWH Law Center
                                            a broad coalition of organizations that pro-            with the law.                                          for Social Justice and Change; Labor Council
                                            mote economic opportunity for women and                   We recently commemorated the twelfth                 for Latin American Advancement; Leader-
                                            vigorous enforcement of antidiscrimination              anniversary of the enactment of the Lilly              ship Conference on Civil and Human Rights;
                                            laws, we strongly urge you to co-sponsor and            Ledbetter Fair Pay Act. That vital law rec-            League of Women Voters of the United
                                            push for swift passage of the Paycheck Fair-            tified the Supreme Court’s harmful decision            States; Legal Aid at Work; Legal Momen-
                                            ness Act as a top priority of the 117th Con-            in Ledbetter v. Goodyear Tire & Rubber                 tum, The Women’s Legal Defense and Edu-
                                            gress. Despite federal and state equal pay              Company. The law helps to ensure that indi-            cation Fund; Legal Voice; MANA, A National
                                            laws, gender pay gaps persist, and earnings             viduals subjected to unlawful compensation             Latina Organization; Methodist Federation
                                            lost to these gaps are exacerbating the finan-          discrimination are able to have their day in           for Social Action; Mi Familila Vota.
                                            cial effects of COVID–19, falling particularly          court and effectively assert their rights                Michigan League for Public Policy;
                                            heavily on women of color and the families              under federal antidiscrimination laws. But             MomsRising; NAACP; National Advocacy
                                            who depend on their income. This legislation            the Lilly Ledbetter Fair Pay Act, critical as          Center of the Sisters of the Good Shepherd;
                                            offers a much needed update to the Equal                it is, is only one step on the path to ensuring        National Asian Pacific American Women’s
                                            Pay Act of 1963 by providing new tools to               women receive equal pay for equal work. It’s           Forum (NAPAWF); National Association of
                                            battle pervasive pay gaps and to challenge              time to take the next step toward achieving            Social Workers; National Center for Law and
                                            discrimination.                                         equal pay. We urge you to prioritize the Pay-          Economic Justice; National Committee on
                                              The COVID–19 pandemic and systemic rac-               check Fairness Act in the 117th Congress by            Pay Equity; National Council of Jewish
                                            ism have exposed how the work performed                 co-sponsoring and urging swift passage of              Women; National Domestic Violence Hot-
                                            primarily by women, and particularly Black              this legislation, taking up the cause of Lilly         line; National Education Association; Na-
                                            and brown women, has long been and con-                 Ledbetter and all those who have fought for            tional Employment Law Project: National
                                            tinues to be undervalued and underpaid, even            equal pay.                                             Employment Lawyers Association National
                                            as the rest of the country is newly recog-                If you have any questions, please do not             Employment Lawyers Association—Eastern
                                            nizing the essential nature of this work.               hesitate to contact Kate Nielson, Director of          Pennsylvania, National Employment Law-
                                            Black women, Latinas, and other women of                Public Policy & Legal Advocacy at the                  yers Association—Georgia; National Net-
                                            color are especially likely to be on the front          American Association of University Women               work to End Domestic Violence; National
                                            lines of the crisis, risking their lives in jobs        or Emily Martin, Vice President for Edu-               Organization for Women: Florida NOW, Illi-




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                                            in health care, child care, and grocery stores;         cation & Workplace Justice at the National             nois NOW, Indiana NOW, Jacksonville NOW,
                                            they are also being paid less than their male           Women’s Law Center.                                    Kanawha Valley NOW, Maryland NOW, Mon-
                                            counterparts. At the same time, women in                       Sincerely,                                      roe County NOW, Montana NOW, Northwest
                                            this country lost more than 5 million jobs in             9to5; A Better Balance; AFCPE (Associa-              Indiana NOW, South Jersey NOW-Alice Paul
                                            2020; indeed, women accounted for 100% of               tion for Financial Counseling & Planning               chapter.
                                            the jobs lost in December 2020. The unem-               Education); All-Options; American Associa-               National Partnership for Women & Fami-
                                            ployment rate for Black women and Latinas               tion of University Women (AAUW): AAUW of               lies; National WIC Association; National




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1805
                                            Women’s Law Center; National Women’s Po-                  Ms. ADAMS. I thank the gentleman                     each other. Employers can currently mask
                                            litical Caucus; Native Women Lead; NET-                 for yielding, and for his support, and                 compensation discrimination with pay se-
                                            WORK Lobby for Catholic Social Justice;                 for his leadership on the committee.                   crecy policies that forbid employees from
                                            New Jersey Citizen Action; NewsGuild-CWA;                                                                      discussing pay and benefits. Secrecy and the
                                                                                                      Mr. Speaker, I rise today, as I have
                                            New York Women’s Foundation; North Caro-                                                                       threat of retaliation leave workers unable to
                                            lina Justice Center; People For the Amer-               done for my entire career, from the                    learn about and challenge pay disparities. In
                                            ican Way; PowHer New York; Prosperity                   North Carolina House to the U.S.                       a survey of private-sector workers, over 62
                                            Now; Reinventure Capital; Restaurant Op-                House, in support of equal pay for                     percent of women and 60 percent of men re-
                                            portunities Centers (ROC) United; Service               equal work.                                            ported that their employers discourage or
                                            Employees International Union; Shriver Cen-               It is 2021, and women are still subject              prohibit discussing wage and salary informa-
                                            ter on Poverty Law; TIME’S UP Now; U.S.                 to unequal, unfair compensation in the                 tion. The Paycheck Fairness Act would
                                            Women’s Chamber of Commerce; Union for                  workplace. This truth, this wage gap is                make pay secrecy policies illegal.
                                            Reform Judaism; United State of Women;                                                                           The Paycheck Fairness Act would also pro-
                                            WNY Women’s Foundation; Women and Girls
                                                                                                    at its worst for women of color. Black
                                                                                                                                                           hibit employers from screening job appli-
                                            Foundation of Southwest Pennsylvania;                   women, for example, earn an average of
                                                                                                                                                           cants based on their salary history or requir-
                                            Women Employed; Women of Reform Juda-                   63 cents on the dollar compared to                     ing salary history during the interview proc-
                                            ism; Women’s Fund of Rhode Island; Wom-                 men.                                                   ess. Women are typically paid lower wages
                                            en’s Fund of the Greater Cincinnati Founda-               This issue persists in nearly every                  than men even in their first jobs. Salary dis-
                                            tion.                                                   line of work, regardless of education,                 parities that begin early in a woman’s career
                                              Women’s Law Project; Women’s Media                    experience, occupation, industry, or job               can follow her from job to job when employ-
                                            Center; Women’s Rights and Empowerment                                                                         ers are permitted to base a new hire’s salary
                                            Network; YWCA USA: YWCA Allentown,                      title. And if you don’t believe that
                                                                                                    data, take it from me. I have lived it.                on her prior earnings. People should be paid
                                            YWCA Arizona Metropolitan Phoenix, YWCA                                                                        fairly for the job they are being hired to do.
                                            Billings, YWCA Butler, YWCA Central Ala-                  The Paycheck Fairness Act is an op-
                                                                                                                                                             The bill would also make it more difficult
                                            bama, YWCA Central Indiana, YWCA Central                portunity for Congress to strengthen
                                                                                                                                                           for employers to justify pay discrimination.
                                            Maine, YWCA Central Virginia, YWCA Day-                 the Equal Pay Act, to bolster the                      Workers in the same company who do the
                                            ton, YWCA Duluth, YWCA Elgin, YWCA Gen-                 rights of working women, and to put an                 same job and have the same amount of expe-
                                            esee County, YWCA Greater Austin, YWCA                  end to the gender-based wage disparity                 rience, education and training should be paid
                                            Greater Baton Rouge, YWCA Greater Cin-
                                            cinnati, YWCA Greater Cleveland, YWCA
                                                                                                    once and for all.                                      the same. Currently, however, employers are
                                            Greater Portland, YWCA Greenwich, YWCA                    We cannot continue to rob nearly                     able to explain away differences in pay too
                                            Hartford Region, YWCA Kalamazoo, YWCA                   half of our Nation’s workforce of the                  easily by relying on a catch-all defense in
                                            Kauai, YWCA Kitsap County, YWCA Knox-                   wages they deserve, nor can we con-                    the Equal Pay Act. The Paycheck Fairness
                                            ville and the Tennessee Valley, YWCA Lower              tinue to force women to work far more                  Act would close that loophole and require
                                            Cape Fear, YWCA McLean County, YWCA                                                                            employers to prove that any differences in
                                                                                                    just to be paid fairly.                                pay are not sex-based, are job-related con-
                                            Metro Detroit—Interim House, YWCA Na-                     Mr. Speaker, I include in the RECORD
                                            tional Capital Area, YWCA New Hampshire,                                                                       cerning the position in question, and are
                                                                                                    a letter from the National Partnership                 consistent with business necessity and ac-
                                            YWCA North Central Indiana, YWCA North-
                                            ern New Jersey, YWCA Oahu, YWCA Pierce
                                                                                                    for Women and Families in support of                   count for the entire difference in compensa-
                                            County, YWCA Princeton, YWCA QUINCY,                    H.R. 7, the Paycheck Fairness Act.                     tion. Employees claiming pay discrimination
                                            YWCA Sauk Valley, YWCA Seattle king Sno-                         NATIONAL PARTNERSHIP FOR                      would also have new opportunities to prove
                                            homish, YWCA South Hampton Roads,                                            WOMEN & FAMILIES,                 that the employer’s defense is the pretext.
                                            YWCA Southeastern Massachusetts, YWCA                                                  April 13, 2021.           In addition to these critical provisions, the
                                            Southern Arizona, YWCA University of Illi-                DEAR MEMBER OF CONGRESS: The National                Paycheck Fairness Act would also allow
                                            nois, YWCA Utah, YWCA Western New York,                 Partnership for Women & Families is a non-             workers alleging pay discrimination within
                                            YWCA Wheeling, YWCA Yakima; Zonta USA                   profit, non-partisan advocacy organization             the same company to file class-action suits;
                                            Caucus.                                                 committed to improving the lives of women              would change the remedies of the Equal Pay
                                                                                                    and families by achieving equity for all               Act to treat gender-based pay discrimination
                                              Ms. FOXX. Mr. Speaker, I yield 1
                                                                                                    women. Since our creation as the Women’s               claims the same as other civil rights viola-
                                            minute to the gentlewoman from                                                                                 tions that result in unfair pay; would recog-
                                                                                                    Legal Defense Fund in 1971, we have fought
                                            Michigan (Mrs. MCCLAIN).                                for every significant federal advance for              nize companies that want to do better; and
                                              Mrs. MCCLAIN. Mr. Speaker, I rise                     equal opportunity in the workplace, includ-            would improve fair pay enforcement, data
                                            today in opposition of H.R. 7, the Pay-                 ing the Lilly Ledbetter Fair Pay Act of 2009.          collection and disclosure.
                                            check Fairness Act.                                     We write in strong support of H.R. 7, the                Closing the gender and racial wage gap is a
                                              We don’t need the government telling                  Paycheck Fairness Act, and urge you to vote            crucial measure to take in response to
                                            business how much they can pay their                    for passage while opposing any harmful                 COVID–19. Throughout the pandemic, women
                                            employees. Let’s not forget that it is                  amendments. This critical bill will help our           and people of color have disproportionately
                                            business that has lifted us out of pov-                 nation build back an economy that works for            experienced the adverse effects of the public
                                            erty, not the government.                               everyone by ensuring that all women can                health and economic crisis. Women and peo-
                                              As a former businesswoman who has                     work with equality and dignity.                        ple of color have been on the front lines
                                                                                                      As the Paycheck Fairness Act recognizes,             working in our most essential occupations,
                                            actually signed the front of paychecks,
                                                                                                    women and workers from communities of                  but forces like wage inequality have kept
                                            not just the backs, what you do as an                   color continue to face significant pay dis-            them underpaid and undervalued. The Pay-
                                            employee and what you produce as an                     parities in the United States. On average,             check Fairness Act would ensure that work-
                                            employee matters, and what you                          women working full time and year-round are             ers are given the support needed to ensure
                                            produce should be reflected in your                     paid only 82 cents for every dollar paid to            pay equity during this time of crisis.
                                            outcome, not your gender.                               men, and the wage gap is widest for women                Updating our nation’s equal pay laws is
                                              Do not—please, do not insult me as a                  of color. Among women who hold full-time,              also crucial to reducing negative impacts re-
                                            woman by lowering the bar for me. And                   year-round jobs in the United States, Black            sulting from the mass exodus of women from
                                            please, do not insult me as a business                  women are typically paid 63 cents, Native              the labor force during the pandemic. Wom-
                                            owner for forcing me to lower the bar                   American women 60 cents and Latinas just 55            en’s labor force participation is at a 33-year
                                                                                                    cents for every dollar paid to white, non-His-         record low, with nearly a million moms hav-
                                            for my employees. Outcomes and hard                     panic men. White, non-Hispanic women are               ing left the workforce, largely due to the dif-
                                            work are what leads to success, not                     paid 79 cents. Asian American and Pacific Is-          ficulties of balancing full-time work and
                                            your gender.                                            lander (AAPI) women who work full time,                care responsibilities. Increases in women’s
                                              Gender discrimination is already                      year-round are paid as little as 52 cents for          labor force participation rates drove the sig-
                                            against the law thanks to the Equal                     every dollar paid to white, non-Hispanic               nificant narrowing of the gender wage gap
                                            Pay Act.                                                men, as Burmese women are. Asian Amer-                 during the 1970s and 1980s, a narrowing which
                                              At a time when businesses are shut-                   ican women overall are paid just 87 cents for          stagnated in the late 1990s, around the time
                                            ting their doors due to the pandemic,                   every dollar paid to white, non-Hispanic               women’s labor force participation peaked.
                                            we should be creating jobs and                          men. The wage gap persists across different            Without     the   Paycheck     Fairness    Act,




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                                                                                                    industries, occupations and education levels           progress on closing the gender wage gap
                                            incentivizing people to work.
                                                                                                    and exists in nearly every congressional dis-          could be set back decades, especially since
                                              Mr. SCOTT of Virginia. Mr. Speaker,
                                                                                                    trict.                                                 women face financial penalties for taking
                                            I yield 1 minute to the gentlewoman                       These troubling statistics underscore the            time out of the workforce, with one study
                                            from North Carolina (Ms. ADAMS),                        need to update our nation’s equal pay laws.            finding that women who took just one year
                                            chair of the Subcommittee on Work-                      The Paycheck Fairness Act would make it                out of the workforce had annual earnings 39
                                            force Protections.                                      safe for workers to discuss their wages with           percent lower than women who did not.




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                                            H1806                                              CONGRESSIONAL RECORD — HOUSE                                                         April 15, 2021
                                               The   Paycheck     Fairness   Act    would           stores, and it is time that all of these               siderably less than male workers and,
                                            strengthen existing federal protections, en-            ‘‘sheroes’’ are compensated at the same                as a result, a pernicious wage gap ex-
                                            sure more equitable workplaces and allow                rate as their male counterparts.                       ists. However, many studies dem-
                                            women to remain in the workforce and main-
                                                                                                       Mr. Speaker, I include in the RECORD                onstrate that the gap is not necessarily
                                            tain their economic stability at all phases of
                                            life. At the current rate of progress, projec-          a letter from the International Broth-                 the product of workplace discrimina-
                                            tions are that the gender wage gap will close           erhood of Teamsters urging passage of                  tion.
                                            in 2041 for Asian women, 2069 for white                 this legislation and highlighting the                    In fact, this gap nearly disappears
                                            women, 2369 for Black women, and 2451 for               persistent wage gaps between genders.                  when factors such as hours worked per
                                            Latina women. Women cannot—and should                          INTERNATIONAL BROTHERHOOD                       week, rate of leaving the workforce,
                                            not—wait that long for pay equity. It is time                                    OF TEAMSTERS,                 and industry and occupation are con-
                                            to clarify and strengthen existing federal                            Washington, DC, April 13, 2021.          sidered.
                                            protections for women in the workforce by               HOUSE OF REPRESENTATIVES,                                A 2020 study by compensation soft-
                                            passing the Paycheck Fairness Act. We urge              Washington, DC.
                                            you to vote in support and opposed harmful                                                                     ware company PayScale found that
                                                                                                      DEAR REPRESENTATIVE: On behalf of the
                                            amendments.                                             more than 1.4 million members of the Inter-            when controlling for job title, years of
                                              Ms. FOXX. Mr. Speaker, I yield 1                      national Brotherhood of Teamsters, I urge              experience, industry, location, and
                                            minute to the gentleman from Wis-                       you to support fundamental fairness by com-            other compensable factors, women
                                            consin (Mr. FITZGERALD).                                bating wage discrimination on the basis of             earned 98 percent as much as men.
                                              Mr. FITZGERALD. Mr. Speaker, I                        sex by passing H.R. 7, the Paycheck Fairness             A 2009 study commissioned by the
                                            rise today in opposition to H.R. 7.                     Act. I urge you to vote yes on H.R. 7 and to           U.S. Department of Labor found a gen-
                                              This bill is a solution in search of a                pass the Paycheck Fairness Act without any             der wage gap of between 4.8 and 7.1 per-
                                                                                                    weakening amendments.                                  cent when controlling for economic
                                            problem, and it does nothing to help                      The Paycheck Fairness Act would address
                                            employees. In reality, the bill would                   the persistent wage gap based on sex by                variables between men and women.
                                            only boost paychecks for trial lawyers                  eliminating loopholes that hinder the effec-             A 2018 Harvard study found that the
                                            and not workers.                                        tiveness of the Equal Pay Act of 1963. H.R. 7          gap in pay between female and male
                                              H.R. 7 places unworkable, burden-                     would update and strengthen the Equal Pay              bus and train operators working for the
                                            some restrictions on employers, and                     Act in important ways. The bill closes loop-           Massachusetts Bay Transportation Au-
                                            also poses a threat to worker privacy.                  holes that have allowed employers to pay               thority, MBTA, can be explained by the
                                              Even more, this bill would kill the                   women less than men for the same work                  workplace choices that women and
                                                                                                    without any important business purpose re-
                                            Christmas bonus by effectively prohib-                                                                         men make rather than other factors,
                                                                                                    lated to the job. It would require employers
                                            iting employers from paying end-of-                     to demonstrate that wage gaps are truly the            such as discrimination. The study
                                            the-year bonuses to their employees.                    result of factors other than gender. Impor-            found that the earnings gap for MBTA
                                            This hardly seems fair to an employee,                  tantly, it would prohibit retaliation against          bus and train operators is explained by
                                            despite the title of the bill.                          workers who share salary information or in-            the fact that the male operators took
                                              Republicans tried to strengthen the                   quire about their employer’s wage practices.           48 percent fewer unpaid hours off and
                                            bill during the committee markup. My                    H.R. 7 would also bring the remedies and pro-          worked 83 percent more overtime hours
                                            colleague, Ms. STEFANIK, offered an                     cedures of the Equal Pay Act into conform-             per year than the female operators.
                                            amendment that would have made                          ance with those available for other civil
                                                                                                                                                             I want to point out that I am giving
                                                                                                    rights claims. The Paycheck Fairness Act
                                            commonsense improvements to the                         holds employers accountable for pay discrep-           you facts here, Mr. Speaker, facts.
                                            text, but that amendment was rejected                   ancies between their male and female em-                 These differences are not due to any
                                            by the Democrats.                                       ployees while strengthening incentives to              different work options faced by female
                                              I urge a ‘‘no’’ vote on the bill. We                  prevent pay discrimination. And, it would              and male operators. Rather, the study
                                            should not allow trial lawyers and bur-                 preclude pay discrimination from following             found that the female operators had a
                                            densome restrictions to kill the Christ-                women from job to job.                                 greater demand for workplace flexi-
                                            mas bonus under the false guise of fair-                  While some progress has been made since              bility and a lower demand for overtime
                                            ness.                                                   the passage of the Lilly Ledbetter Fair Pay
                                                                                                                                                           work hours than the male operators.
                                                                                                    Act of 2009, the wage gap still persists, and
                                              Mr. SCOTT of Virginia. Mr. Speaker,                                                                            Pay discrimination is wrong and al-
                                                                                                    disparities are evident at every educational
                                            this bill will prohibit paying all the                  level. Nationally, women still earn only 82            ready illegal. We probably cannot say
                                            men a bonus and none of the women a                     cents for every dollar earned by their male            that enough. Any new legislation to
                                            bonus, although they have produced                      colleagues. For women of color, the wage               combat pay discrimination should be
                                            equally for the business.                               gaps are even larger.                                  based on facts, not supposition, not
                                              I yield 1 minute to the gentlewoman                     Passage of the Paycheck Fairness Act will            projection. The facts seem to be sorely
                                            from Georgia (Mrs. MCBATH), a distin-                   provide women and all other workers the                missing from this debate.
                                            guished member of the Committee on                      tools necessary to challenge discrimination
                                                                                                    against them. It is an important step in
                                                                                                                                                             Mr. Speaker, I reserve the balance of
                                            Education and Labor.                                                                                           my time.
                                                                                                    making real progress in the fight to elimi-
                                              Mrs. MCBATH. Mr. Speaker, I rise                      nate the gender wage gap and to provide eco-             Mr. SCOTT of Virginia. Mr. Speaker,
                                            today in support of the Paycheck Fair-                  nomic, and retirement, security to women               I yield 1 minute to the gentleman from
                                            ness Act.                                               and their families.                                    New York (Mr. ESPAILLAT), a distin-
                                              I want to commend Chairwoman                            It is well past the time to end pay dis-             guished member of the Committee on
                                            ROSA DELAURO for her extraordinary                      crimination in the workplace. The Team-                Education and Labor.
                                            efforts and commend Chairman SCOTT                      sters Union urges you to reject weakening                Mr. ESPAILLAT. Mr. Speaker, before
                                            for bringing this timely policy to fru-                 amendments and to vote yes on final passage
                                                                                                    of the Paycheck Fairness Act.
                                                                                                                                                           I begin, I include in the RECORD a let-
                                            ition.                                                                                                         ter from the Equal Rights Advocates in
                                                                                                          Sincerely,
                                              I am proud to be an original cospon-                                          JAMES P. HOFFA,                support of H.R. 7.
                                            sor of the Paycheck Fairness Act. I                                                General President.                        EQUAL RIGHTS ADVOCATES,
                                            think most of us can agree that every                     Mrs. MCBATH. Mr. Speaker, the gen-                                                  April 14, 2021.
                                            American should earn equal pay for                      der gap is clear, and the Paycheck                     Re Pass the Paycheck Fairness Act (H.R. 7)
                                            equal work.                                             Fairness Act will address this dis-                        and vote no on harmful amendments.
                                              This legislation takes meaningful                     parity. Not only will this legislation                   DEAR REPRESENTATIVE: As the House votes
                                            steps toward ensuring that every                        help women in Georgia, but it will help                on the Paycheck Fairness Act (H.R. 7), Equal
                                            American, regardless of gender, re-                     families across the Nation.                            Rights Advocates strongly urges you to pass
                                            ceives fair compensation for their                                                                             the Paycheck Fairness Act, H.R. 7, without
                                            work.                                                                    b 1300                                amendments that limit its scope or under-




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                                              We have seen over the course of the                     Ms. FOXX. Mr. Speaker, I yield my-                   mine its critical protections.
                                                                                                                                                             Equal Rights Advocates (ERA) is a na-
                                            COVID–19 pandemic that essential                        self such time as I may consume.                       tional, non-profit legal organization based in
                                            workers are the lifeblood of our soci-                    Mr. Speaker, proponents of H.R. 7                    San Francisco, California, whose mission is
                                            ety. We have seen women on the                          claim that despite current prohibitions                to protect and expand economic and edu-
                                            frontlines in the hospital, in the class-               against pay discrimination, female                     cational access and opportunities for women
                                            room, and at our essential retail                       workers are still paid, on average, con-               and girls. We have a long history of working




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                   H1807
                                            to address pay discrimination and to close              ending the practice of pay secrecy, the Pay-           unpaid care work than men, and this respon-
                                            the gender wage gap. We have litigated nu-              check Fairness Act would make it harder for            sibility has heightened since the pandemic
                                            merous cases relating to pay discrimination             employers to keep pervasive practices of pay           given school and childcare closures, and in-
                                            and regularly provide information and re-               discrimination hidden.                                 creased care needs for elderly relatives.’’
                                            sources to employees who contact our free                 In addition, the Paycheck Fairness Act               Women who are able to remain in the work-
                                            legal information hotline regarding unlawful            would also prohibit employers from relying             force, however, are still paid less than their
                                            gender and race-based pay disparities.                  on salary history when setting the wages of            male colleagues, especially Black women and
                                              We also advocate for various bills at the             their employees. This provision is critical as         women of color. COVID–19 has exacerbated
                                            state-level to ensure economic and gender               the practice of relying on prior salary can            these long-standing gender and racial inequi-
                                            justice for women and families. Most re-                lead to a single act of pay discrimination fol-        ties. Now, more than ever, elected officials
                                            cently, ERA has co-sponsored SB 973 (Jack-              lowing a woman throughout her career. One              must recognize these disparate impacts and
                                            son, 2020) which requires California employ-            year out of college, women are already earn-           deliver solutions to American women.
                                            ers with 100 employees or more to submit an             ing 7 percent less than their male colleagues,           Without continued efforts to provide
                                            annual pay data report to the Department of             even after controlling for factors such as col-        women with the tools to challenge and un-
                                            Industrial Relations outlining the compensa-            lege major, occupation, or hours worked. If a          earth pay discrimination and provisions to
                                            tion and hours worked of its employees by               woman’s prior salary is used by future em-             keep employers from perpetuating persistent
                                            gender, race, ethnicity, and job category.              ployers, the gender pay gap will continue to           inequalities, the gender pay gap will not
                                            This allows state agencies to more effi-                persist as a depressed past salary continues           close. The Paycheck Fairness Act is an im-
                                            ciently identify patterns of wage disparities           to be used to determine future wages. Pro-             portant step on the path towards a future
                                            and encourages employers to analyze their               hibiting employer reliance on salary history           where women can stand on equal economic
                                            own pay practices to ensure they are fair and           will help stop the perpetuation of unequal             footing to their male counterparts.
                                            lawful. Additionally, ERA co-sponsored the              pay.                                                     For these reasons, we are proud to support
                                            California Fair Pay Act, SB 358, (Jackson,                Another crucial provision in this version of         the Paycheck Fairness Act and urge you to
                                            2016) which amended and strengthened our                the Paycheck Fairness Act is the commit-               pass the Paycheck Fairness Act.
                                            state’s Equal Pay Act to prohibit employer              ment to pay data collection. As mentioned                                 JESSICA STENDER,
                                            secrecy rules, clarify that workers must be             above, ERA fought for pay data collection at                                     Senior Counsel,
                                            paid equally to coworkers of another sex who            the California state-level and secured this                       Workplace Justice & Public Policy.
                                            perform substantially similar work, unless              via SB 973 (Jackson, 2020). The need to en-              Mr. ESPAILLAT. Mr. Speaker, it
                                            the employer proves that the disparity was              sure equal pay is now more apparent than               should offend every one of us that
                                            due to a legitimate, job-related, bona fide             ever during the current COVID–19 health and            there remains a pay gap between men
                                            factor not based on or derived from sex. We             economic crisis, which has exposed the last-           and women for the same work.
                                            also cosponsored AB 168 (Eggman, 2017)                  ing harm of unequal pay and other contribu-              Women of color, in particular—Afri-
                                            which prohibits California employers from               tors to economic security on women, and in             can-American women, Latina women,
                                            inquiring about prior salary and requires               particular, women of color. Pay data collec-
                                            them to provide the pay Scale for a position            tion helps uncover pay discrimination, which
                                                                                                                                                           Native     American     women,     AAPI
                                            in question upon reasonable request and AB              is a major contributor to the overall gender           women—are making as low as 52 cents,
                                            2282 (Eggman, 2018) which clarified that prior          and race-based wage gaps.                              Mr. Speaker, for every dollar for the
                                            salary cannot be used on its own, or in com-              Recognizing that pay discrimination is dif-          same job and work by a man.
                                            bination with a lawful factor, to justify a             ficult to detect and address, the Obama Ad-              This is a travesty.
                                            wage differential under the California Equal            ministration announced a proposed revision               Let’s make our communities strong-
                                            Pay Act. Finally, ERA also chairs Equal Pay             to the Employer Information Report (EEO–1)             er. Let’s make our economy stronger.
                                            Today, a national collaboration of organiza-            to include the reporting of pay data by gen-             In Harlem, East Harlem, northern
                                            tions working at the local, regional, and fed-          der, race and ethnicity beginning in 2018. For         Manhattan, and the northwest Bronx,
                                            eral level to close the gender wage gap.                more than 50 years, large companies have               women of color are the majority of
                                              Today in the United States, despite the               been submitting these EEO–1 reports with               workers. I can’t go back home to my
                                            passage of previous equal pay legislation, in-          demographic information to the Equal Em-
                                                                                                                                                           district and say that somehow they are
                                            cluding the critically important Lily                   ployment Opportunity Commission (EEOC).
                                            Ledbetter Fair Pay Act, the gender pay gap              This data has helped the agency to identify            working the same as men, or maybe
                                            remains pervasive. Women, even those who                patterns of occupational segregation and dis-          more, in many cases, and are making
                                            work full-time and year round, still only               crimination and enforce federal equal pay              less.
                                            earn 80 cents to a man’s dollar. This gives             and anti-discrimination law. However, the                I support H.R. 7, the Paycheck Fair-
                                            rise to a nationwide pay gap of $900 billion            Trump Administration put a halt to the im-             ness Act, because we need to bring fair-
                                            every year. For women of color, the pay gap             plementation of this new rule, dealing a sig-          ness into the discussion. Let’s make
                                            is even larger. For every dollar earned by a            nificant blow to the fight for equal pay.              our communities stronger. Let’s make
                                            non-Hispanic white man, Latina women earn                 The Paycheck Fairness Act would also                 our economy stronger.
                                            only 53 cents, Native American women only               close loopholes that allow employers to pay              Gender-based     pay   discrimination
                                            58 cents, and Black women only 61 cents.                women less without a legitimate business
                                                                                                    justification and would provide the same ro-
                                                                                                                                                           should not be something we are still
                                            These large pay gaps, although of varying
                                            sizes across demographics of women, prove               bust remedies for sex-based pay discrimina-            discussing now in 2021.
                                            harmful to the economic security of women               tion as race and ethnicity based discrimina-             The Paycheck Fairness Act will put
                                            and families across the country. The nega-              tion. It would also require wage data collec-          everyone on the line to make sure that
                                            tive economic consequences of these gender              tion and support salary negotiation skills             we are all doing our best to ensure fair
                                            pay gaps are especially pronounced as                   training programs to give women the tools              and equitable pay.
                                            ‘‘mothers are primary or sole breadwinners              to advocate for higher wages. Salary nego-               Closing the pay gap will make women
                                            in half of U.S. households with children.’’ Of          tiation workshops have been shown to be                and families financially stronger.
                                            these female-headed households, one-quarter             highly effective. For example, in a study                Mr. Speaker, let’s make our commu-
                                            of them fall below the poverty line.                    conducted following the free salary negotia-           nities stronger. Let’s make our econ-
                                              As it stands, the gender and race pay gaps            tion workshops put on by the city of Boston,           omy stronger.
                                            are closing at a glacial pace. At current               the Center for Women in Politics and Public              Ms. FOXX. Mr. Speaker, I reserve the
                                            rates, the gender wage gap will not close               Policy at the University of Massachusetts
                                            until 2059. For women of color, the picture is          Boston found that nearly half of the women
                                                                                                                                                           balance of my time.
                                            even bleaker. It will not be until 2124 that            who were interviewed had either successfully
                                                                                                                                                             Mr. SCOTT of Virginia. Mr. Speaker,
                                            Black women receive equal pay to white men              negotiated a pay raise or starting salary              I yield 1 minute to the gentlewoman
                                            and not until 2233 that Latinas receive the             that brought them either to or above the               from California (Ms. SPEIER), the co-
                                            same. Now is the time for action.                       market rate following the training.                    chair of the Democratic Caucus.
                                              The Paycheck Fairness Act is an impor-                  As the bill states, these continuing pay               Ms. SPEIER. Mr. Speaker, I include
                                            tant step in accelerating the closing of the            disparities have devastating impacts on                in the RECORD a letter titled ‘‘Support
                                            gender pay gap. Among many provisions, the              women, especially women of color. Over the             the Paycheck Fairness Act’’ written by
                                            Paycheck Fairness Act would bar retaliation             course of the COVID–19 pandemic, research-             The Leadership Conference on Civil
                                            for discussing or disclosing wages. According           ers have found this to be even more true.
                                                                                                                                                           and Human Rights.
                                            to the Institute for Women’s Policy Re-                 Since last February, 2.4 million women have
                                                                                                                                                                 THE LEADERSHIP CONFERENCE




ctelli on DSK11ZRN23PROD with HOUSE
                                            search, across the country, about half of               exited the workforce, or, been pushed out of
                                            workers were prohibited or strongly discour-            the workforce, highlighting a dramatic re-                       ON CIVIL AND HUMAN RIGHTS,
                                            aged from disclosing their wages to other               gress for gender equity. More and more                                             April 14, 2021.
                                            employees. Yet, when an individual is unable            women are forced to stay home in order to               SUPPORT THE PAYCHECK FAIRNESS ACT, H.R.
                                            to discuss wages with other employees, it be-           care for children and loved ones while men                7—VOTE NO ON HARMFUL AMENDMENTS
                                            comes exceedingly difficult to determine if             continue to work. Before the pandemic,                   DEAR REPRESENTATIVE: On behalf of The
                                            one is making less than one’s colleagues. By            ‘‘women did, on average, three times more              Leadership Conference on Civil and Human




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                                            H1808                                              CONGRESSIONAL RECORD — HOUSE                                                           April 15, 2021
                                            Rights, a coalition charged by its diverse                Women and their families can no longer be            have proved more effective in eradicating
                                            membership of more than 220 organizations               shortchanged. Given the importance of this             workplace discrimination.
                                            to promote and protect the rights of all per-           bill, we urge representatives to pass H.R. 7              We would like to respond to some per-
                                            sons in the United States, we urge you to               without amendments that limit the bill’s               sistent misperceptions regarding this impor-
                                            vote for the Paycheck Fairness Act, H.R. 7,             scope or undermine its protections.                    tant legislation:
                                            without amendments that limit its scope or                    Sincerely,                                          Enactment of this bill will not compel
                                            undermine its critical protections. The Pay-                             WADE HENDERSON,                       businesses to pay their female workforce
                                            check Fairness Act is a priority of The Lead-                             Interim President and                substantially more money to eliminate the
                                            ership Conference, and we will include your                                 CEO.                               existing wage gap. The purpose of this bill is
                                            vote on final passage in our Voting Record                               LASHAWN WARREN,                       to update the Equal Pay Act, which only ap-
                                            for the 117th Congress.                                                   Executive Vice Presi-                plies in situations where women or men are
                                              Gender-based pay discrimination com-                                      dent for Government                receiving unequal pay for equal work. It does
                                            promises the economic security of millions                                                                     not create a new mandate. Employers al-
                                                                                                                        Affairs.
                                            of women in the United States—and for                                                                          ready have a legal obligation to pay men and
                                            women of color, the harm is exacerbated by                Ms. SPEIER. Mr. Speaker, for a quar-                 women equal wages for equal work unless
                                            their experience of both race- and gender-              ter of a century, Chairwoman DELAURO                   there is a legitimate reason for the differen-
                                            based wage disparities. Women working full-             has been trying to get this bill passed.               tial.
                                            time, year-round in the United States are               She is sick and tired, I am sick and                      Enactment of this bill will not interject
                                            typically paid about 82 cents for every dollar                                                                 the government into the pay decisions of
                                                                                                    tired, and American women are sick                     businesses. The Paycheck Fairness Act does
                                            paid to men, adding up to a loss of more than
                                            $400,000 over a lifetime. Black women are
                                                                                                    and tired of being treated like second-                not tell employers what factors to use to set
                                            typically paid only 63 cents for every dollar           class citizens.                                        pay; it only requires that pay decisions are
                                            paid to non-Hispanic white men, while Na-                 Imagine if the women here in Con-                    job- and business-related.
                                            tive American women are paid only 60 cents,             gress were being paid 60, 70, or 80 per-                  Enactment of this bill will not make em-
                                            Latinas are paid just 55 cents, and women in            cent of what our male colleagues are                   ployers liable for any and every wage dif-
                                            certain Asian American and Pacific Islander                                                                    ferential. An employer will still have four af-
                                                                                                    making. Do you think we would put up
                                            communities are paid as little as 52 cents.                                                                    firmative defenses and will not be guilty of
                                                                                                    with it? Of course not. Somehow,                       wage discrimination if a pay differential is
                                            Research shows that the gender pay gap oc-
                                            curs across almost all occupations and indus-           American women are expected to put                     based on (i) seniority, (ii) merit, (iii) a sys-
                                            tries, develops very early in women’s ca-               up with that.                                          tem that measures quantity or quality of
                                            reers, and grows over time.                               Do you want facts? Ask about Ms.                     production, or (iv) a ‘‘factor other than sex.’’
                                              Action to close the wage gap is long over-            Rexroat, from the State of Arizona,                    29 U.S.C. 206(d)(l). The only difference is that
                                            due, but in light of the current economic cri-          who was paid less than her colleague                   Paycheck Fairness Act will resolve uncer-
                                            sis, it is even more critical that Congress act                                                                tainty in the law over how to apply the
                                                                                                    because they decided that they would                   fourth defense by redefining it as ‘‘a bona
                                            now to strengthen protections against pay
                                            discrimination, both as a matter of economic
                                                                                                    base her salary on what she was mak-                   fide factor other than sex, such as education,
                                            security and fundamental fairness. The loss             ing before, as opposed to the job at                   training, or experience.’’
                                            of income and savings from the wage gap has             hand.                                                     Enactment of a provision to clarify the
                                            exacerbated the harmful effects of the                    We have a problem, Mr. Speaker.                      ‘‘factor other than sex’’ defense will not evis-
                                            COVID–19 pandemic for women of color and                This has been going on for way too                     cerate legitimate use of the defense. It is in-
                                            their families. Black and Brown women have                                                                     tended to prevent employers from asserting
                                                                                                    long. It is time for us to fix it for all
                                            been overrepresented in ‘‘frontline’’ jobs dur-                                                                that unequal pay was the result of market
                                                                                                    the women and children in this country                 force-derived excuses such as prior salaries
                                            ing the pandemic—many in low-paid jobs at
                                            high risk of exposure to COVID–19 and with-             who want to be paid equally for equal                  or negotiation outcomes. A bona fide factor
                                            out benefits like paid leave and employer-              work so that they have money for                       other than sex must be job-related, con-
                                            sponsored health insurance—but they are                 childcare, rent, food, and education.                  sistent with business necessity, and account
                                            paid less than non-Hispanic white men in the              Ms. FOXX. Mr. Speaker, I reserve the                 for the entire differential in compensation at
                                            same jobs. Already struggling to make ends              balance of my time.                                    issue. The only time this defense would not
                                            meet, women of color in low-pay jobs must                                                                      apply would be in situations where an alter-
                                                                                                      Mr. SCOTT of Virginia. Mr. Speaker,
                                            also endure pay discrimination that artifi-                                                                    native employment practice is available that
                                                                                                    I yield 1 minute to the gentlewoman                    would serve the same business purpose with-
                                            cially reduces their overall earnings, making
                                            it even less likely for women of color to               from the District of Columbia (Ms.                     out producing the wage differential and the
                                            amass the financial resources to withstand a            NORTON), the previous head of the                      employer has refused to adopt it.
                                            health emergency and putting entire fami-               EEOC.                                                     Enactment of this bill will not encourage
                                            lies at risk of economic insecurity. Almost 75            Ms. NORTON. Mr. Speaker, I include                   more lawsuits and jeopardize post-pandemic
                                            percent of Black mothers and more than 45               in the RECORD a letter from the Amer-                  economic recovery. The bill is designed re-
                                            percent of Latina mothers were bread-                                                                          solve uncertainties in the law and increase
                                                                                                    ican Bar Association supporting pas-                   employer compliance with the Equal Pay
                                            winners in their families in 2018. At the same          sage of the Paycheck Fairness Act.
                                            time, Black and Brown women have faced                                                                         Act, not to encourage more lawsuits.
                                            staggering job losses during the pandemic.                          AMERICAN BAR ASSOCIATION,                     The bill’s strengthened remedies, which
                                            The unemployment rate for Black women                                                   April 13, 2021.        align with those available in other employ-
                                            reached 17.4 percent in May 2020, for exam-             Re ABA Urges Passage of the Paycheck Fair-             ment discrimination statutes, will encourage
                                            ple, and Latinas experienced the highest un-                ness Act.                                          employers to review their wage-setting prac-
                                            employment rate of any group during the                   DEAR REPRESENTATIVE: On behalf of the                tices and rectify those that are based on in-
                                            pandemic, at more than 20 percent in April              American Bar Association (ABA), the largest            valid justifications. Men and women who are
                                            of last year. The unemployment rate for                                                                        paid fairly have no incentive to jeopardize
                                                                                                    voluntary association of lawyers and legal
                                            Black women and Latinas remains excep-                                                                         their jobs and subject themselves to costly,
                                                                                                    professionals in the world. I am writing to
                                            tionally high.                                                                                                 time-consuming, and emotionally taxing
                                                                                                    urge you to vote for passage of the Paycheck
                                              The Paycheck Fairness Act would update                                                                       lawsuits brought against their employers.
                                                                                                    Fairness Act, which would update the Equal                The bill’s clarification of the ‘‘factor other
                                            and strengthen the Equal Pay Act of 1963 to             Pay Act of 1963 enacted by Congress almost
                                            provide more effective protection against                                                                      than sex’’ defense will not spawn new litiga-
                                                                                                    60 years ago to prohibit gender-based pay in-          tion. Instead, it will provide guidance to the
                                            sex-based pay discrimination. The Paycheck              equality. This legislation, which is expected
                                            Fairness Act would:                                                                                            courts and resolve uncertainty in the law.
                                                                                                    to come to the floor this week, has the sup-           The standard, which is adapted from Title
                                              Prohibit retaliation against workers who
                                                                                                    port of working men and women across the               VII discrimination cases and codified in the
                                            discuss or disclose wages;
                                              Prevent employers from relying on salary              country who want this nation to live up to             Civil Rights Act of 1991, is one with which
                                            history to determine future pay so that pay             its expressed commitment to equal pay for              courts already are familiar.
                                            discrimination does not extend from job to              equal work.                                               The bill will help strengthen the economy
                                            job;                                                      The Equal Pay Act of 1963 prohibits an em-           by improving the present and future eco-
                                              Close loopholes in the Equal Pay Act that             ployer from paying unequal wages to male               nomic welfare of working women, who com-
                                            have allowed employers to pay women less                and female workers who perform jobs under              prise about one-half of the workforce and are
                                            than men for the same work without any                  similar work conditions that require sub-              the primary breadwinner in more than 12
                                            business necessity related to the job;                  stantially equal skill, effort, and responsi-          million American families.




ctelli on DSK11ZRN23PROD with HOUSE
                                              Ensure that women can obtain the same                 bility unless there is a legitimate reason for            We urge you to demonstrate your commit-
                                            remedies for sex-based pay discrimination as            a pay differential.                                    ment to equal pay for equal work by voting
                                            those available to people subjected to dis-               The Paycheck Fairness Act does not alter             for the Paycheck Fairness Act.
                                            crimination based on race and ethnicity;                the basic scheme of this statute or impose                Thank you for your consideration of our
                                              Provide for much-needed training and                  unreasonable burdens on employers; indeed,             views.
                                            technical assistance and require wage data              the majority of its proposed changes are bor-                Sincerely,
                                            collection.                                             rowed from other civil rights statutes that                                      PATRICIA LEE REFO.




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                  H1809
                                               Ms. NORTON. Mr. Speaker, I am                        daughters who earn about 82 cents on                   sure that it provides robust protection
                                            pleased to strongly support H.R. 7, the                 the dollar for every dollar a man earns.               against sex-based pay discrimination. Among
                                            Paycheck Fairness Act, a critically im-                 It is about mothers and daughters who                  other provisions, this comprehensive bill:
                                                                                                                                                             ends secrecy around pay by barring retalia-
                                            portant bill.                                           lose about $1 trillion a year because of               tion against workers who voluntarily discuss
                                               As the first woman to chair the U.S.                 the wage gap.                                          or disclose their wages, and requiring em-
                                            Equal Employment Opportunity Com-                         For those men who don’t have a real-                 ployers to report pay data to the EEOC
                                            mission, I enforced the Equal Pay Act.                  ly good reason to vote for it, it is about               prohibits employers from relying on salary
                                            I particularly appreciate that H.R. 7                   the fact that a woman gave birth to                    history in determining future pay, so that
                                            would bring long-awaited strength to                    every man alive. So for all of the suf-                pay discrimination does not follow women
                                            the EPA.                                                fering, we ought to vote for this bill,                from job to job
                                               I especially appreciate that Congress-                                                                        closes loopholes that have allowed employ-
                                                                                                    because we are here as a result of some
                                            woman ROSA DELAURO, a great cham-                                                                              ers to pay women less than men for the same
                                                                                                    woman suffering for us.                                work without any important business jus-
                                            pion for equal pay, has included my                       At this time, I include in the RECORD                tification related to the job
                                            Pay Equity for All Act in H.R. 7, where                 a letter from the National Committee                     ensures women can receive the same ro-
                                            I will focus today.                                     on Pay Equity.                                         bust remedies for sex-based pay discrimina-
                                               The Pay Equity for All Act would                                                                            tion that are currently available to those
                                                                                                                    NATIONAL COMMITTEE
                                            prohibit employers from asking job ap-                                            ON PAY EQUITY,               subjected to discrimination based on race
                                            plicants their salary history. Even                                                     April 14, 2021.        and ethnicity
                                            though many employers may not in-                       Re Pass the Paycheck Fairness Act (H.R. 7)               provides much needed training and tech-
                                            tentionally discriminate against appli-                     and vote no on harmful amendments.                 nical assistance, as well as data collection
                                            cants or employees based on gender,                                                                            and research
                                                                                                      DEAR REPRESENTATIVE: As the House votes                The COVID–19 pandemic and systemic rac-
                                            race, or ethnicity, setting wages based                 on the Paycheck Fairness Act (H.R. 7), the             ism have exposed how the work performed
                                            on salary history is routinely done in                  National Committee on Pay Equity (NCPE)                primarily by women, and particularly Black
                                            the workplace and can reinforce the                     strongly urges you to pass the Paycheck                and brown women, has long been and con-
                                            wage gap. Evidence clearly shows that                   Fairness Act, H.R. 7, without amendments               tinues to be undervalued and underpaid, even
                                            members of historically disadvantaged                   that limit its scope or undermine its critical         as the rest of the country is newly recog-
                                                                                                    protections.
                                            groups often start their careers with                                                                          nizing the essential nature of this work. We
                                                                                                      The National Committee on Pay Equity                 cannot build back an economy that works
                                            unfair and artificially low wages com-                  (NCPE), founded in 1979, is a coalition of
                                            pared to their White male counter-                                                                             for everyone without ensuring that all
                                                                                                    women’s and civil rights organizations; labor          women can work with equality, safety, and
                                            parts, and these disparities are com-                   unions; religious, professional, and edu-              dignity, starting with pay equity. Passing
                                            pounded from job to job.                                cational    associations,    commissions      on       the Paycheck Fairness Act would mark a vi-
                                               Job and salary offers should be based                women, state and local pay equity coalitions           tally important step toward ensuring this
                                            on an applicant’s skill and merit, not                  and individuals working to eliminate sex-              becomes reality.
                                            on salary history. This bill addresses                  and race-based wage discrimination and to                We urge you to pass the Paycheck Fairness
                                            this problem by assessing penalties                     achieve pay equity. These pay gaps can be              Act without harmful amendments that
                                                                                                    addressed only if workers have the legal               weaken its critical protections.
                                            against employers who ask applicants
                                                                                                    tools necessary to challenge discrimination                  Sincerely,
                                            for their salary history during the                     and employers are provided with effective in-
                                            interview process.                                                                                                                   CAROLYN YORK,
                                                                                                    centives and technical assistance to comply                                  Secretary-Treasurer,
                                               Ms. FOXX. Mr. Speaker, I yield my-                   with the law. The Paycheck Fairness Act is                        National Committee on Pay Equity.
                                            self such time as I may consume.                        one of these urgently required tools.
                                               Mr. Speaker, H.R. 7 requires that the                  Despite federal and state equal pay laws,              Ms. FOXX. Mr. Speaker, I reserve the
                                            employer defense must be consistent                     gender pay gaps persist, and earnings lost to          balance of my time.
                                            with ‘‘business necessity,’’ a broad and                these gaps are exacerbating the financial ef-            Mr. SCOTT of Virginia. Mr. Speaker,
                                            ill-defined term.                                       fects of COVID–19, falling particularly heav-          I yield 1 minute to the gentlewoman
                                               We don’t know how the courts will                    ily on women of color and the families who             from Illinois (Ms. SCHAKOWSKY).
                                                                                                    depend on their income. The Paycheck Fair-               Ms. SCHAKOWSKY. Mr. Speaker,
                                            interpret this sweeping requirement,
                                                                                                    ness Act, which has been passed three pre-             this year marks the 58th anniversary of
                                            but we do know the dictionary says it                   vious times by the House of Representatives,
                                            means ‘‘absolutely essential’’ or ‘‘indis-                                                                     the Equal Pay Act. Despite the goal to
                                                                                                    mostly recently in the 116th Congress, offers
                                            pensable.’’                                             a much-needed update to the Equal Pay Act              ensure equality for women in the work-
                                               How can an employer prove that any                   of 1963 by providing new tools to battle per-          place, nearly 60 years later, the pay
                                            one factor determining employee pay                     vasive pay gaps and to challenge discrimina-           gap still exists.
                                            could rise to the level to be necessary                 tion.                                                    Women today, on average, make 82
                                            for the survival of the business?                         Women are increasingly the primary or co-            cents for every dollar earned by a man.
                                               Proponents of H.R. 7 will argue this                 breadwinner in their families and cannot af-           For women of color, the disparity is
                                            phrase has been adopted from title VII,                 ford to be shortchanged any longer. Women              worse, with Black women making 63
                                                                                                    working full-time, year-round are typically
                                            as amended by the 1991 Civil Rights                                                                            cents on the dollar, AAPI women mak-
                                                                                                    paid only 82 cents for every dollar paid to
                                            Act, but the phrase has spawned end-                    men, adding up to a loss of more than                  ing 60 cents, and Latinas making 55
                                            less litigation because of its lack of                  $400,000 over a lifetime. This wage gap varies         cents.
                                            clarity. Anyone who thinks this con-                    by race and is larger for many women of                  This disparity is unacceptable, and it
                                            cept is simple and can just be carried                  color: Black women working full time, year             is unfair.
                                            over from title VII is either naive or                  round typically make only 63 cents, Native               Let us come together right now to
                                            has been misled.                                        American women only 60 cents, and Latinas              pass H.R. 7, the Paycheck Fairness Act.
                                               Further, the dubious concept of busi-                only 55 cents, for every dollar paid to their            When women get equal pay, our fami-
                                            ness necessity was developed under                      white, non-Hispanic male counterparts.                 lies and our entire economy will do
                                                                                                    Latinas lose more than $1 million over a 40-
                                            controversial so-called disparate im-                                                                          better.
                                                                                                    year career due to the wage gap. While Asian
                                            pact analysis and cannot simply be                      American and Pacific Islander (AAPI)
                                                                                                                                                             I include in the RECORD a letter from
                                            slapped onto the Equal Pay Act, espe-                   women make 85 cents for every dollar paid to           the United Church of Christ in favor of
                                            cially where, as mandated by H.R. 7,                    white, non-Hispanic men, many AAPI com-                H.R. 7.
                                            damages are unlimited. In contrast,                     munities experience drastically wider pay                            UNITED CHURCH OF CHRIST
                                            under title VII, in disparate impact                    gaps. And even when controlling for factors,             DEAR REPRESENTATIVE: We are writing to
                                            cases, damages are limited to backpay                   such as education and experience, pay gaps             ask for your support in passage of the Pay-
                                            and benefits.                                           persist and start early in women’s careers             check Fairness Act (H.R. 7), and to ensure
                                               Mr. Speaker, I reserve the balance of                and contribute to a wealth gap that follows            that passage in the House is done without




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                                                                                                    them throughout their work lives and into              amendments that diminish the protections
                                            my time.                                                retirement. Persistent pay discrimination,             provided by the bill.
                                               Mr. SCOTT of Virginia. Mr. Speaker,                  often cloaked by employer-imposed pay se-                There is ample evidence to show that de-
                                            I yield 1 minute to the gentleman from                  crecy policies, is one factor driving these            spite equal pay laws, the gender pay gap ex-
                                            Texas (Mr. GREEN).                                      wage gaps.                                             ists. These lost earnings add up to a loss of
                                               Mr. GREEN of Texas. Mr. Speaker,                       The Paycheck Fairness Act updates and                over $400,000 in a lifetime. The wage gap is
                                            this bill is really about mothers and                   strengthens the Equal Pay Act of 1963 to en-           even more significant for women of color




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                                            H1810                                              CONGRESSIONAL RECORD — HOUSE                                                          April 15, 2021
                                            with Black women working full time making               dress pay discrimination and support                   disparities in our country. While we all
                                            only 63 cents for every dollar paid to men,             women in the workplace. The Wage Eq-                   struggle to survive, we are relying heavily
                                            Native American women only 60 cents, and                uity Act protects workers’ privacy by                  on the work performed by essential workers
                                            Latinas only 55 cents, for every dollar paid                                                                   who are disproportionately Black and brown
                                                                                                    encouraging voluntary pay analysis                     women. Yet their work has long been and
                                            to their white, non-Hispanic male counter-
                                            parts.                                                  while bolstering women’s employment                    continues to be undervalued and underpaid.
                                              As people of faith, we believe that each              through the creation of a grant pro-                   At the same time, in 2020, American women
                                            person deserves to be treated with dignity              gram for women in college or career                    lost more than 5 million jobs. Women ac-
                                            and humanity. When women are paid less for              and technical programs to provide ne-                  counted for 100% of the jobs lost last Decem-
                                            the same work that is a concrete and explicit           gotiation skills education.                            ber—all 140,000 of them—and women of color
                                            way of showing that their work and                        I urge my colleagues to oppose H.R. 7                made up an overwhelming share of those
                                            personhood are valued less. Passage of the              and work with Republicans on mean-                     jobs. This massive job loss coupled with the
                                            Paycheck Fairness Act will strengthen and               ingful legislation to ensure all workers               consistent undervaluing of women’s work
                                            update the Equal Pay Act and provide                                                                           compounds over time and results in signifi-
                                                                                                    have the opportunity and wages they                    cant lost earnings. As a result, women do not
                                            women with the legal means to fight the
                                            gender pay gap and challenge gender pay dis-            deserve.                                               have a financial cushion to help weather the
                                            crimination.                                                             b 1315                                current economic crisis or the ability to
                                              The work done by women, and particularly                                                                     build wealth, all of which contribute to ra-
                                            Black and brown women, is undervalued and                 Mr. SCOTT of Virginia. Mr. Speaker,                  cial and gender wealth gaps that create bar-
                                            underpaid. Even though much of that labor               could you advise us how much time is                   riers to families’ economic prosperity. We
                                            is what keeps people fed, clothed, and cared            available on each side?                                cannot build back our economy without im-
                                            for. The work of women, so important to how               The SPEAKER pro tempore. The gen-                    mediately addressing these realities. And
                                            a society functions is always relegated to              tleman from Virginia has 141⁄4 minutes                 women and their families cannot afford to
                                            less pay and less value. This is a gross injus-         remaining. The gentlewoman from                        wait any longer for change.
                                            tice—and part of the systemic racist struc-             North Carolina has 111⁄2 minutes re-                     To appropriately respond to the crises we
                                            tures that undergird the economic system in             maining.                                               are currently experiencing we must make
                                            the United States. God’s vision for our world             Mr. SCOTT of Virginia. Mr. Speaker,                  real, concrete progress in ensuring all
                                            is one where all are valued, no matter their                                                                   women receive fair pay. While the gap has
                                                                                                    I yield 1 minute to the gentlewoman                    narrowed since passage of the Equal Pay Act
                                            gender, race, or credo.
                                              We urge you to pass the Paycheck Fairness             from Oregon (Ms. BONAMICI), the chair                  of 1963, progress has largely stalled in recent
                                            Act without harmful amendments that                     of the Subcommittee on Civil Rights                    years. Data from the U.S. Census Bureau
                                            weaken its critical protections.                        and Human Services.                                    once again revealed that women working
                                                      THE UNITED CHURCH OF CHRIST                     Ms. BONAMICI. Mr. Speaker, I rise in                 full-time, year-round are typically paid only
                                                       JUSTICE AND WITNESS MINISTRIES               strong support of the Paycheck Fair-                   82 cents for every dollar paid to men. The
                                              Ms. FOXX. Mr. Speaker, I yield 2                      ness Act.                                              pay gaps are even wider for women of color.
                                            minutes to the gentleman from Geor-                       The Equal Pay Act has been the law                   Black women and Latinas make, respec-
                                                                                                    for more than half a century, but, in                  tively, 63 and 55 cents on the dollar as com-
                                            gia (Mr. ALLEN).                                                                                               pared to non-Hispanic, white men. Action is
                                              Mr. ALLEN. Mr. Speaker, we all                        2021, equal pay for equal work is still
                                                                                                                                                           required now: at the current rate, the overall
                                            agree that every American should be                     not a reality for many women, espe-
                                                                                                                                                           pay gap between men’s and women’s earn-
                                            compensated for the quality of their                    cially women of color. This is an injus-               ings will not close until 2093 and it will take
                                            work and not face discrimination in                     tice to millions of working families.                  significantly longer for women of color to
                                            the workplace based on race, color, na-                 Closing the wage gap is an economic                    reach parity.
                                            tional origin, religion, or sex.                        imperative.                                              Research indicates that the gender pay gap
                                              That is why Congress passed the                         Last month, I was honored to chair                   develops very early in women’s careers. Con-
                                                                                                    the hearing on persistent gender-based                 trolling for factors known to affect earnings,
                                            Equal Pay Act in 1963 and broader non-
                                                                                                    wage discrimination. We heard wit-                     such as education and training, marital sta-
                                            discrimination laws under title VII of                                                                         tus, and hours worked, research finds that
                                            the Civil Rights Act the following year.                nesses describe the barriers to detect-
                                                                                                                                                           college-educated women still earn 7 percent
                                              However, unlike those bills, H.R. 7 of-               ing wage discrimination and holding                    less than men just one year out of college.
                                            fers no new protections. It is simply a                 employers accountable. Most impor-                     Over time, the gap compounds and widens,
                                            messaging bill to score political points.               tantly, we heard how the Paycheck                      impacting women’s social security and re-
                                              What will the bill actually do? For                   Fairness Act can address the problem-                  tirement. Ensuring that women have equal
                                            job creators, they can expect more law-                 atic loopholes in the current law, em-                 pay would have a dramatic impact on fami-
                                            suits and more regulatory burdens.                      power workers to better detect and                     lies and the economy. According to a report
                                              While limiting legal options for                      combat wage discrimination, and cre-                   from the Institute for Women’s Policy Re-
                                                                                                    ate mechanisms for better pay data                     search (IWPR), the poverty rate for all work-
                                            women by changing EPA class action
                                                                                                    transparency.                                          ing women would be cut in half, falling from
                                            lawsuits from an opt-in system to a                                                                            8.0 percent to 3.8 percent if women were paid
                                            mandatory opt-out system, H.R. 7 al-                      By advancing the Paycheck Fairness
                                                                                                                                                           the same as comparable men. The same
                                            lows trial lawyers to pursue unlimited                  Act, we can restore the original intent                study indicates that the U.S. economy would
                                            compensatory damages, making it                         of the Equal Pay Act and finally make                  have produced an additional $512.6 billion in
                                            nearly impossible for employers to de-                  equal pay for equal work a reality. I                  income if women had received equal pay for
                                            fend against frivolous lawsuits.                        thank Congresswoman DELAURO for                        equal work. This is why I urge you to pass
                                              Additionally, it requires employers                   her steadfast leadership. I urge my col-               this important bill.
                                                                                                    leagues to support this bill.                            The Paycheck Fairness Act would update
                                            to make intrusive data disclosures to
                                                                                                      Mr. Speaker, I include in the RECORD                 and strengthen the Equal Pay Act of 1963 to
                                            the Equal Employment Opportunity                                                                               ensure that it provides effective protection
                                            Commission regarding the sex, race,                     a letter in support of the Paycheck
                                                                                                                                                           against sex-based pay discrimination in to-
                                            and national origin of employees and,                   Fairness Act from the American Asso-                   day’s workplace.
                                            for the first time, the hiring, termi-                  ciation of University Women.                             The bill takes several important steps, in-
                                            nation, and promotion data of those                                                     AAUW,                  cluding:
                                            employees, ultimately posing a threat                                                 April 14, 2021.            Guaranteeing Non-Retaliation: The bill
                                                                                                      DEAR REPRESENTATIVE: On behalf of the                prohibits retaliation against workers for dis-
                                            to workers’ privacy.                                    more than 170,000 members and supporters of            cussing or disclosing wages. Without the
                                              The compliance costs to satisfy these                 the American Association of University                 non-retaliation provisions of the Paycheck
                                            requirements can total more than $600                   Women (AAUW), I urge you to vote in sup-               Fairness Act, many women will continue to
                                            million a year. We have already seen a                  port of the Paycheck Fairness Act (H.R. 7)             be silenced in the workplace—that is, prohib-
                                            number of small businesses forced to                    and to oppose harmful amendments when the              ited from talking about wages with cowork-
                                            close this year because of COVID                        bill comes to the House floor this week. De-           ers without the fear of being fired. This is an
                                            lockdowns, and now my Democratic                        spite federal and state equal pay laws, gen-           issue that keeps women—like it kept Lilly




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                                            colleagues want to impose more regu-                    der pay gaps persist. The Paycheck Fairness            Ledbetter—from learning of the pay dis-
                                                                                                    Act offers a much needed update to the                 crimination against them.
                                            latory burdens on businesses that were                                                                           Prohibiting Reliance on Prior Salary His-
                                                                                                    Equal Pay Act of 1963 by providing new tools
                                            lucky enough to survive.                                to battle these pervasive pay gaps and to              tory: The bill prohibits employers from rely-
                                              Thankfully, my colleague from New                     challenge discrimination.                              ing on salary history in determining future
                                            York, Congresswoman ELISE STEFANIK,                       The dual crises of a global pandemic and             pay, so that prior discrimination doesn’t fol-
                                            has a solution that will actually ad-                   systemic racism have laid bare the economic            low workers from job to job.




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1811
                                              Requiring Job-Relatedness: The bill closes              I thank Congresswoman DELAURO for                      The COVID–19 pandemic and systemic rac-
                                            loopholes that allow employers to pay                   her tireless advocacy on this issue.                   ism have exposed how the work performed
                                            women less than men for the same work                     Mr. Speaker, I include in the RECORD                 primarily by women, and particularly Black
                                            without a business necessity that is related            a letter of support from the National                  and brown women, has long been and con-
                                            to the job.                                                                                                    tinues to be undervalued and underpaid, even
                                              Equalizing Remedies: The bill ensures                 Women’s Law Center.                                    as the rest of the country is newly recog-
                                            women can receive the same robust remedies                      NATIONAL WOMEN’S LAW CENTER,                   nizing the essential nature of this work. We
                                            for sex-based pay discrimination that are                                              April 14, 2021.         cannot build back an economy that works
                                            currently available to those subjected to dis-          Re Pass the Paycheck Fairness Act (H.R. 7)             for everyone without ensuring that all
                                            crimination based on race and ethnicity.                     and vote no on harmful amendments.                women can work with equality, safety, and
                                              Providing Additional Assistance and Re-                 DEAR REPRESENTATIVE: As the House votes              dignity, starting with pay equity. Passing
                                            sources: The bill also provides technical as-           this week on the Paycheck Fairness Act                 the Paycheck Fairness Act would mark a vi-
                                            sistance to businesses, requires wage data              (H.R. 7), we strongly urge you to pass the             tally important step toward ensuring this
                                            collection, and supports salary negotiation             Paycheck Fairness Act without amendments               becomes reality.
                                            skills training programs to give women the              that limit its scope or undermine its critical           We urge you to pass the Paycheck Fairness
                                            tools to advocate for higher wages.                     protections.                                           Act without harmful amendments that
                                              The pay gap is persistent and can only be               Despite federal and state equal pay laws,            weaken its critical protections.
                                            addressed if women are armed with the tools             gender pay gaps persist, and earnings lost to                Sincerely,
                                            necessary    to    challenge    discrimination          these gaps are exacerbating the financial ef-                           EMILY J. MARTIN,
                                            against them, and employers are provided                fects of COVID–19, falling particularly heav-                            Vice    President  for
                                            with effective incentives and technical as-             ily on women of color and the families who                                 Education & Work-
                                            sistance to comply with the law. I urge you             depend on their income. The Paycheck Fair-                                 place Justice.
                                            to take a critical step towards pay equity by           ness Act, which has been passed three pre-                              MAYA RAGHU,
                                            voting in support of the Paycheck Fairness              vious times by the House of Representatives,                             Director of Workplace
                                            Act (H.R. 7) and opposing harmful amend-                mostly recently in the 116th Congress, offers                              Equality & Senior
                                            ments when the bill comes to the House floor            a much-needed update to the Equal Pay Act                                  Counsel.
                                            this week.                                              of 1963 by providing new tools to battle per-
                                              Cosponsorship and votes associated with                                                                        Mr. CICILLINE. Mr. Speaker, I urge
                                                                                                    vasive pay gaps and to challenge discrimina-
                                            this bill may be scored in the AAUW Action              tion.                                                  my House colleagues to vote for this
                                            Fund Congressional Voting Record for the                  Women are increasingly the primary or co-            package and close the gender wage gap
                                            117th Congress.                                         breadwinner in their families and cannot af-           once and for all.
                                                  Sincerely,                                        ford to be shortchanged. Women working                   Ms. FOXX. Mr. Speaker, I reserve the
                                                                  KATE NIELSON,                     full-time, year-round are typically paid only          balance of my time.
                                                      Senior Director of Public Policy,             82 cents for every dollar paid to men, adding            Mr. SCOTT of Virginia. Mr. Speaker,
                                                             Legal Advocacy & Research.             up to a loss of more than $400,000 over a life-        I yield 1 minute to the gentlewoman
                                              Ms. FOXX. Mr. Speaker, I yield my-                    time. This wage gap varies by race and is
                                                                                                    larger for many women of color: Black
                                                                                                                                                           from California (Ms. LEE).
                                            self such time as I may consume. An-                                                                             Ms. LEE of California. Mr. Speaker, I
                                                                                                    women working full time, year round typi-
                                            other provision in H.R. 7 requires that,                                                                       thank Chairwoman DELAURO for her
                                                                                                    cally make only 63 cents, Native American
                                            in addition to proving business neces-                  women only 60 cents, and Latinas only 55               persistent leadership for so many
                                            sity, an employer must prove the busi-                  cents, for every dollar paid to their white,           years, as well as Chairman SCOTT and
                                            ness necessity accounts for 100 percent                 non-Hispanic male counterparts. Latinas                the Speaker.
                                            of the differential in compensation at                  lose more than $1 million over a 40-year ca-             We must put an end to the wage gap
                                            issue. This is impossible to do. How can                reer due to the wage gap. While Asian Amer-            and pay discrimination. Let me tell
                                            an employer explain slight differences                  ican and Pacific Islander (AAPI) women
                                                                                                    make 85 cents for every dollar paid to white,
                                                                                                                                                           you, as you have heard, the wage gap
                                            in compensation based on educational                                                                           for women of color is so much worse.
                                                                                                    non-Hispanic men, many AAPI communities
                                            level, experience, or quality of work on                                                                         I am reminded today of our heroine,
                                                                                                    experience drastically wider pay gaps. Moth-
                                            the job?                                                ers typically make only 75 cents for every             Fannie Lou Hamer. She said, ‘‘I am
                                              This bill is going to make it impos-                  dollar paid to fathers. And even when con-             sick and tired of being sick and tired.’’
                                            sible for employers to pay differen-                    trolling for factors, such as education and              Black women earn 63 cents, indige-
                                            tially on merit for anything. It is a bad               experience, pay gaps persist and start early           nous women earn 60 cents, Latinas earn
                                            bill, and we should not be passing it.                  in women’s careers and contribute to a                 55 cents, White women earn 82 cents,
                                              I urge my colleagues to vote ‘‘no.’’                  wealth gap that follows them throughout
                                                                                                                                                           and AAPI women are paid as little as
                                              Mr. Speaker, I reserve the balance of                 their lifetimes. Persistent pay discrimina-
                                                                                                    tion, often cloaked by employer-imposed pay            52 cents on every dollar paid to the
                                            my time.
                                                                                                    secrecy policies, is one factor driving these          White man. That is outrageous.
                                              Mr. SCOTT of Virginia. Mr. Speaker,
                                                                                                    wage gaps.                                               Mr. Speaker, I include in the RECORD
                                            I yield 1 minute to the gentleman from
                                                                                                      These pay gaps can be addressed only if              a letter from the Equal Pay Today!
                                            Rhode Island (Mr. CICILLINE).                           workers have the legal tools necessary to
                                              Mr. CICILLINE. Mr. Speaker, this                                                                             campaign urging Members to support
                                                                                                    challenge discrimination and employers are             the bill.
                                            Nation has made far too little progress                 provided with effective incentives and tech-                                 EQUAL PAY TODAY,
                                            in the fight for equal pay in the work-                 nical assistance to comply with the law.                                              April 14, 2021.
                                            place. In 2021, women who work full                       The Paycheck Fairness Act updates and                Re Pass the Paycheck Fairness Act (H.R. 7)
                                            time year round are paid, on average,                   strengthens the Equal Pay Act of 1963 to en-               and vote no on harmful amendments.
                                            only 82 cents for every dollar paid to                  sure that it provides robust protection
                                                                                                    against sex-based pay discrimination. Among              DEAR REPRESENTATIVE(S): As the House
                                            men. This adds up to over $400,000 in                                                                          votes on the Paycheck Fairness Act (H.R. 7),
                                                                                                    other provisions, this comprehensive bill:
                                            lost wages over the course of a wom-                      ends secrecy around pay by barring retalia-          we strongly urge you to pass the Paycheck
                                            an’s career.                                            tion against workers who voluntarily discuss           Fairness Act, H.R. 7, without amendments
                                              For women of color, the gender gap is                 or disclose their wages, and requiring em-             that would limit its scope or undermine its
                                            a gender chasm, with Latinas earning                    ployers to report pay data to the EEOC                 critical protections.
                                            55 cents, Black women earning 63                          prohibits employers from relying on salary             As members of the Equal Pay Today Cam-
                                                                                                    history in determining future pay, so that             paign, we represent a broad coalition con-
                                            cents, and Asian American and Pacific                                                                          sisting of both national and state based orga-
                                                                                                    pay discrimination does not follow women
                                            Islander women earning a mere 52                                                                               nizations from all across the country, that
                                                                                                    from job to job
                                            cents for every dollar paid to a White                    closes loopholes that have allowed employ-           are dedicated to challenging the legal, pol-
                                            man for the same work.                                  ers to pay women less than men for the same            icy, and cultural barriers at the local, state,
                                              The long overdue Paycheck Fairness                    work without any important business jus-               and national level that keep women from
                                            Act would bring us closer to closing                    tification related to the job                          being paid equally. Launched on the 50th an-
                                            these gaps by ensuring equal pay for                      ensures women can receive the same ro-               niversary of the signing of the federal Equal




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                                            equal work. Notably, it would hold em-                  bust remedies for sex-based pay discrimina-            Pay Act, we are committed to fighting and
                                                                                                    tion that are currently available to those             advocating for legislation that will ulti-
                                            ployers accountable for discriminatory
                                                                                                    subjected to discrimination based on race              mately close the gender wage gap.
                                            practices, end pay secrecy, ease work-                  and ethnicity                                            With our nation now entering into year
                                            ers’ ability to challenge pay discrimi-                   provides much needed training and tech-              two of this global pandemic, we can no
                                            nation, and strengthen the available                    nical assistance, as well as data collection           longer ignore the disparities that have ex-
                                            remedies for wronged employees.                         and research                                           isted long before our nation’s shutdown, and




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                                            H1812                                              CONGRESSIONAL RECORD — HOUSE                                                       April 15, 2021
                                            despite federal and state equal pay laws, the             Thank you for your time and consider-                Equal Pay Act into law, lauding it as
                                            gender pay gap persists, and earnings lost to           ation.                                                 ‘‘a measure that adds to our laws an-
                                            these gaps are widened due to the financial                   Sincerely,                                       other structure basic to democracy.’’
                                            impacts of the pandemic, with a heavier bur-                                 EQUAL PAY TODAY.
                                                                                                                                                              Today, I rise in support of a similarly
                                            den bared by women of color and the families              Ms. LEE of California. Mr. Speaker,
                                            and communities who depend on them and                                                                         momentous measure for our democ-
                                                                                                    let me finally say: Remember, because                  racy, the Paycheck Fairness Act,
                                            their income.
                                              Women are increasingly becoming the pri-              of this discrimination, women’s Social                 which will strengthen that law and re-
                                            mary or co-breadwinner in their families,               Security benefits during their senior                  affirm this pledge: equal work deserves
                                            with Black mothers being far more likely                years are much lower than men. This                    equal pay.
                                            than other mothers to be the primary or sole            injustice follows women throughout                        We all salute Chairwoman ROSA
                                            breadwinners for their families and more                their lives. This issue impacts women,
                                            than half of Latina mothers being the bread-
                                                                                                                                                           DELAURO, the guardian angel of this
                                                                                                    regardless of industry, education level                legislation, and so much of what Demo-
                                            winner in families with children under 18.
                                            Women across this country, working full-
                                                                                                    or political party. It is past time—it is              crats’ work on behalf of women and
                                            time, year-round, are typically being paid              so past time for Congress to take ac-                  families. Chairwoman DELAURO is re-
                                            only .82 cents for every dollar paid out to             tion on this.                                          lentless, introducing this bill in each of
                                            men, adding up to a loss of more than                     Mr. Speaker, I urge my colleagues to                 the last 13 Congresses and securing bi-
                                            $400,000 dollars over a lifetime. And the wage          vote ‘‘yes.’’                                          partisan support and the support of the
                                            gap gets even wider as race is factored in.               Ms. FOXX. Mr. Speaker, I yield my-                   entire House Democratic Caucus. And
                                            Black women working full time, year round               self such time as I may consume.
                                            typically make only .63 cents, Native Amer-                                                                    now, because of her leadership, we have
                                                                                                      Mr. Speaker, H.R. 7 would create im-
                                            ican women only .60 cents, and Latinas only                                                                    a chance for it to become law.
                                                                                                    possible conditions in which to operate
                                            .55 cents, for every dollar paid to their white,                                                                  Many of us, with Chair DELAURO at
                                                                                                    for businessowners large and small. It                 the helm, have helped lead the charge
                                            non-Hispanic male counterparts. Latinas
                                            stand to lose more than $1 million over a 40–           would result in endless litigation in                  for equal pay for many years now.
                                            year career due to the wage gap, and while              front of judges and juries, who will                   Twelve years ago, House Democrats
                                            Asian American and Pacific Islander (AAPI)              delve into employer compensation de-                   passed the Lilly Ledbetter Fair Pay
                                            women make .85 cents for every dollar paid              cisions even when there has been a                     Act to protect women’s right to chal-
                                            to white, non-Hispanic men, many AAPI                   showing that those decisions are not
                                            communities experience drastically wider                                                                       lenge unfair pay in the courts. We are
                                                                                                    based on sex.                                          proud that President Obama made this
                                            pay gaps. And even when controlling for fac-              Alternatively, businessowners will
                                            tors, such as education and experience, the                                                                    bill the first bill he signed into law.
                                                                                                    simply decide not to risk liability of
                                            pay gaps still persist, start early in women’s                                                                 You talked about it earlier, Mr. Chair-
                                            careers and contribute to a wealth gap that             unlimited damages, which could bank-
                                                                                                                                                           man.
                                            follows them throughout their lifetimes.                rupt them, and the end result will be
                                                                                                                                                              Exactly 10 years later, when Demo-
                                              These pay gaps can be addressed and rec-              the use of pay bands by employers,
                                            tified through legislation that offers workers
                                                                                                                                                           crats retook the majority, we were
                                                                                                    which imposes a government civil serv-
                                            the legal tools and safeguards needed to                                                                       honored to stand with Lilly Ledbetter,
                                                                                                    ice model on the private sector that
                                            challenge discrimination. The Paycheck                                                                         that courageous woman, as we took an-
                                                                                                    will result in everyone in the work-
                                            Fairness Act, which has already been passed                                                                    other step forward for pay equity by
                                            by the House of Representatives three times
                                                                                                    place being compensated equally with-
                                                                                                                                                           again     introducing    Congresswoman
                                            before and most recently by the 116th Con-              out regard to merit.
                                                                                                      This is a very broad goal of liberals                DELAURO’s bill, the Paycheck Fairness
                                            gress, would offer the much needed updates                                                                     Act.
                                            to the Equal Pay Act of 1963 by making these            in general: Pay everybody the same
                                                                                                                                                              Today, a Democratic Congress led by
                                            tools available while also providing new                and stifle innovation, stifle initiative,
                                            ones, that would help to combat and chal-                                                                      over 120 women in the House; with an
                                                                                                    stifle anybody being different.
                                            lenge discrimination and the pay gap.                     This is the wrong thing for our coun-                administration led by President Biden,
                                              The Paycheck Fairness Act updates and                 try. That is not the way the United                    a longtime champion of women; and
                                            strengthens the Equal Pay Act of 1963 to en-                                                                   the first woman Vice President,
                                            sure that it provides robust protection
                                                                                                    States of America operates. We value
                                                                                                    innovation, we value entrepreneurism,                  KAMALA HARRIS; and with a record
                                            against sex-based pay discrimination. Among                                                                    number of women in the Cabinet, those
                                            other provisions, this comprehensive bill:              we value independent thinking. We
                                              ends secrecy around pay by barring retalia-           don’t want to crush everybody into                     are great advances for women.
                                            tion against workers who voluntarily discuss            thinking the same way. That is the                        We will pass this landmark bill once
                                            or disclose their wages, and requiring em-              way civil service works. That is the                   more, send it to the Senate, and then,
                                            ployers to report pay data to the EEOC
                                                                                                    way the unions work. That is not the                   hopefully, to President Biden to sign
                                              prohibits employers from relying on salary                                                                   into law.
                                            history in determining future pay, so that              way it should be in private industry,
                                                                                                                                                              I am the mother of four daughters. I
                                            pay discrimination does not follow women                which has made this country great.
                                                                                                      This bill stalls upward mobility. It                 don’t know anybody who has a daugh-
                                            from job to job
                                              closes loopholes that have allowed employ-            hurts all employees striving to succeed                ter, a wife, a sister, a mother who can
                                            ers to pay women less than men for the same             on the job, who want to be rewarded for                say to them, You are not worth it; your
                                            work without any important business jus-                their efforts.                                         time is not worth the time of your
                                            tification related to the job                             For these reasons and others, H.R. 7’s               brother, your father, your whoever
                                              ensures women can receive the same ro-                                                                       else.
                                            bust remedies for sex-based pay discrimina-             provisions are unworkable and will
                                                                                                    benefit only trial lawyers, not innova-                   What father, brother or son would
                                            tion that are currently available to those
                                            subjected to discrimination based on race               tive, hardworking workers.                             not want the women in their lives to
                                            and ethnicity                                             Mr. Speaker, I reserve the balance of                have equal pay?
                                              provides much needed training and tech-               my time.                                                  Sadly, equal pay is not yet a reality
                                            nical assistance, as well as data collection              Mr. SCOTT of Virginia. Mr. Speaker,                  in America. Nearly six decades after
                                            and research                                            I yield 1 minute to the gentlewoman                    the passage of the Equal Pay Act,
                                              This past year has undoubtedly been a                                                                        women working full time year round
                                            challenging one. The pandemic has shone a
                                                                                                    from California (Ms. PELOSI), the dis-
                                                                                                    tinguished Speaker of the United                       are paid only 82 cents for every dollar
                                            light on how the work performed by women,
                                            specifically Black and brown women, has                 States House of Representatives.                       paid to men.
                                            continuously been undervalued, underpaid,                 Ms. PELOSI. Mr. Speaker, I thank                        And for women of color, the disparity
                                            and gone unnoticed. We cannot continue to               the gentleman for yielding and for his                 is even greater. It is almost sinful. For
                                            use the word ‘‘essential’’ to describe the na-          leadership in bringing this important                  Black women, it is 63 cents; Native Ha-
                                            ture of this work, if there is no commitment            legislation to the floor of the House.                 waiian, Pacific Islander, American In-
                                            to ensuring that all women can work with                  This is about building back better                   dian, and Alaska Native women, 60




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                                            safety and with dignity, and the first step to          with women, not stifling innovation                    cents; and a Latina is making just 55
                                            making this happen, starts with pay equity,                                                                    cents for every dollar for the same
                                                                                                    and entrepreneurship, but reaping the
                                            and the catalyst for this would be the pass-
                                            ing of the Paycheck Fairness Act.                       benefits of all that women have to offer               work as men.
                                              We urge you to pass the Paycheck Fairness             in our country.                                           Equal work, equal hours, equal ef-
                                            Act without harmful amendments that                       Mr. Speaker, nearly 60 years ago,                    forts, but not equal pay. And this is not
                                            weaken its critical protections.                        President John F. Kennedy signed the                   just about cents on a dollar. This pay



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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                               H1813
                                            gap can add up to about $400,000 in lost                lem is this is not what it is, Mr. Speak-                As a lawyer when I ran my law office,
                                            wages over a career.                                    er, it goes well beyond dealing with                   I paid people differently based upon
                                              What does that mean to a woman’s                      equal pay.                                             their experience, their education, and
                                            pension?                                                  What it does is it provides equal pay                other differentials, but not on the basis
                                              At the same time, the need for action                 for as many attorneys and trial law-                   of gender. And like the gentleman who
                                            has been accelerated by the pandemic,                   yers as possible. And therein lies the                 spoke before me, I have one more
                                            which has worsened economic dispari-                    problem. Once again, we have what                      daughter than he has; he has two
                                            ties for women. Last year, women lost                   looks like legitimate legislation that                 daughters, I have three daughters. Mr.
                                            a net 5.4 million jobs during the reces-                sounds good and feels good, Mr. Speak-                 Speaker, they would not be happy
                                            sion, with losses disproportionately ex-                er, yet when you look at the details, it               today if their dad came to this floor
                                            perienced by women of color.                            is far left extremism, which poisons the               and voted against this bill, I will tell
                                              This unjust, uneven toll on women is                  legislation and doesn’t allow reason-                  you that. I don’t know about the gen-
                                            expected to widen the wage gap by up                    able Members like myself to be sup-                    tleman’s daughters, but I can tell you
                                            to 5 percentage points. Widen the gap                   portive.                                               where my daughters would be.
                                            by 5 percentage points, even as the                       And this isn’t the first time. This oc-                Mr. Speaker, I am proud to bring the
                                            economy recovers.                                       curs very often, and it is the reason                  Paycheck Fairness Act to the floor, as
                                              As the House passes this landmark                     why we don’t get things done, nor do                   I did last Congress. The legislation is a
                                            legislation, let us stand proudly,                      we get bipartisan cooperation. Because                 critical part of Democrats’ effort to
                                            unapologetically for what this does for                 cooperation is the way that we will                    close the gender pay gap and ensure
                                            the economy of our country. We con-                     achieve and complete bills of impor-                   that women earn equal pay for equal
                                            tinue to work to advance progress for                   tance, particularly that are named                     work. Lilly Ledbetter did not get equal
                                            women and families. With the strong                     equal pay for all, equality for all.                   pay for equal work. Period. Unfortu-
                                            support of President Biden, the House                     That is what our goal is. It would be                nately, she was prevented by the Su-
                                            Democrats are proud to have passed                      great if a bill like this had the sub-                 preme Court from making her case. We
                                            and sent to the Senate our bipartisan                   stance that provided the ingredients to
                                                                                                                                                           corrected that.
                                                                                                    provide for equal pay.                                   The House passed a bill in 2019, but
                                            VAWA reauthorization led by Con-
                                                                                                      Mr. SCOTT of Virginia. Mr. Speaker,
                                            gresswoman SHEILA JACKSON LEE; leg-                                                                            the     Republican-controlled     Senate
                                                                                                    I yield 1 minute to the distinguished
                                            islation to remove the arbitrary dead-                                                                         failed to do the same, a bill just like
                                                                                                    gentleman from Maryland (Mr. HOYER),
                                            line for ERA ratification led by Con-                                                                          this. That was very disappointing, not
                                                                                                    the majority leader of the United
                                            gresswoman JACKIE SPEIER; and to                                                                               only to those of us who have been
                                                                                                    States House of Representatives.
                                            have enacted the American Rescue                          Mr. HOYER. Mr. Speaker, I thank                      working hard to close the gender pay
                                            Plan, which is helping many women to                    the gentleman from Virginia, the                       gap in Congress, but more so to the
                                            return to the workforce.                                chairman of the Education and Labor                    tens of millions of people in the work-
                                                               b 1330                               Committee for yielding, and I thank                    force who deserve to take home pay
                                                                                                    him for his untiring work.                             they have earned. This is not a gift.
                                              And we will continue this drumbeat                                                                           This is compensation based upon abil-
                                                                                                      ‘‘No employer . . . shall discriminate,
                                            of action ensuring that the Senate                                                                             ity and contribution, not on gender.
                                                                                                    within any establishment in which
                                            passes the Paycheck Fairness Act and                                                                             In America today, a woman still
                                                                                                    such employees are employed, between
                                            advancing legislation to strengthen                                                                            earns on average just 82 cents to every
                                                                                                    employees on the basis of sex, by pay-
                                            women’s       access      to  childcare,                                                                       dollar earned by a man. Mr. Chairman,
                                                                                                    ing wages to employees in such estab-
                                            healthcare, workplace safety, and                       lishment at a rate less than the rate at               has that been disputed on this floor?
                                            more.                                                   which he pays wages to employees of                    From women of color it is even worse.
                                              And as we move forward to ‘‘build                     the opposite sex.’’                                    African-American women earn on aver-
                                            back better,’’ President Biden’s alliter-                 That was passed by the Congress of                   age only 63 cents to the dollar, while
                                            ative phrase for how we have job cre-                   the United States, signed by the Presi-                Latinas see 55 cents for the same work.
                                            ation in our country, we can only build                 dent of the United States in 1963. A half                For women who work full time, year-
                                            back better if women are central to                     a century later, Mr. Speaker, the fig-                 round, the gender pay gap represents a
                                            that effort. Advancing an economy in a                  ures belie that promise. The figures are               loss of more than, as the Speaker just
                                            country that works for all of the people                a shameful recognition of the empti-                   said, $400,000. That ought to be unac-
                                            in America is very important to Amer-                   ness of that promise.                                  ceptable to all of us if we believe in
                                            ica’s families and America’s children.                    Now, I know the gentlewoman from                     equality.
                                              I urge a strong and, hopefully, bipar-                North Carolina, not well, but well                       This disparity does not only hurt
                                            tisan vote on H.R. 7, the Paycheck                      enough. We have served here together                   women, it disadvantages their entire
                                            Fairness Act. Fairness is an all-Amer-                  for some period of time. I hope she will               families, with women’s pay critical to
                                            ican quality. Fairness for women is es-                 take this with a measure of positivity.                household incomes.
                                            sential because we know that when                       She is a feisty lady. She stands up for                  Two-thirds of women are now either
                                            women succeed, America succeeds.                        what she believes. And she is tough. All               the primary breadwinner or co-bread-
                                              I thank Congresswoman DELAURO                         those things are said lovingly. God help               winner of their households, and wom-
                                            and Chairman SCOTT for their leader-                    us if they paid her less than they paid                en’s earnings are the main source of in-
                                            ship.                                                   every male Member of this House.                       come in more than 4 in 10 households,
                                              Ms. FOXX. Mr. Speaker, I yield 11⁄2                     But we don’t. We pay everybody the                   40 percent.
                                            minutes to the gentleman from Penn-                     same, except, I will admit, the Speaker                  Now, the gentlewoman from North
                                            sylvania (Mr. MEUSER).                                  and myself, so perhaps I am not quite                  Carolina knows full well that histori-
                                              Mr. MEUSER. Mr. Speaker, I thank                      as detached. But everybody else gets                   cally we have underpaid women be-
                                            Ms. FOXX very much for yielding. I ap-                  the same. A person who comes in the                    cause we thought men were the bread-
                                            preciate the opportunity to speak, Mr.                  first day gets paid as much as a person                winners. They were the people who
                                            Speaker.                                                who has been here 40 years like me.                    earned the money. They were the peo-
                                              All Americans, men and women,                         Why? Because it is the responsibility                  ple who needed money so they could
                                            should be treated equally and receive                   and duties that we perform that are                    support their families. That is not true
                                            equal pay for equal work. I happen to                   being compensated, not our gender.                     today, if it was ever true. Those house-
                                            be the father of two daughters, and I                     Now, in this bill and every other bill               holds ought not to be disadvantaged
                                            will do everything in this House to en-                 that has dealt with equal pay—how-                     because women are paid less for the




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                                            sure that that continues to be the case                 ever, let there be no mistake, clearly, I              same work as their male counterparts.
                                            and is, in fact, the case.                              pay people in my office who have been                    I mentioned in 1963 the promise we
                                              If this truly were an Equal Pay Act,                  there for 10 years more than I pay peo-                made as a Nation. In 2009, when I was
                                            Mr. Speaker, I think we would have a                    ple that have been there a year if they                majority leader for the first time, I was
                                            bipartisan initiative here. We would                    are doing the same thing. Period. Expe-                proud to bring the Lilly Ledbetter Fair
                                            have bipartisan agreement. The prob-                    rience counts.                                         Pay Act to the floor and get it passed.



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                                            H1814                                              CONGRESSIONAL RECORD — HOUSE                                                          April 15, 2021
                                              I congratulate ROSA DELAURO who is                    granddaughter. I certainly don’t want                                                     NFIB,
                                            on the floor today, Mr. Speaker. She                    either one of them discriminated                                     Washington, DC, March 24, 2021.
                                            has been indefatigable and focused and                  against on the basis of anything.                      Hon. BOBBY SCOTT,
                                                                                                                                                           Chairman, Committee on Education and Labor,
                                            untiring—I suppose that is redundant—                      But, I say to Mr. HOYER, yes, 82 cents                  House of Representatives, Washington, DC.
                                            in her efforts to ensure that women                     has been disputed. We hear the same                    Hon. VIRGINIA FOXX,
                                            were treated equally. And one of the                    old tired ‘‘statistics.’’ They are not ac-             Ranking Member, Committee on Education and
                                            best ways to treat people equally is pay                curate. So let’s stop doing that. Let’s                    Labor, House of Representatives, Wash-
                                            them the same thing for the same job.                   deal with the facts.                                       ington, DC.
                                              The Paycheck Fairness Act builds on                                                                            DEAR CHAIRMAN SCOTT AND RANKING MEM-
                                                                                                       H.R. 7 is not the answer to discrimi-
                                            its success by making it harder for                                                                            BER FOXX: On behalf of NFIB, the nation’s
                                                                                                    nation. It is going to make it more dif-
                                            businesses to hide the underpayment of                                                                         leading small business advocacy organiza-
                                                                                                    ficult for employers to create jobs and
                                            women in their employ through non-                                                                             tion, I write in opposition to H.R. 7, the Pay-
                                                                                                    to pay women and everybody equally.                    check Fairness Act. This legislation will add
                                            disclosure contracts and imposing new
                                                                                                    We need alternatives and we have one.                  significant burdens to small businesses and
                                            civil penalties for those who violate
                                            equal pay rules, among other beneficial                    Mr. Speaker, I reserve the balance of               potentially expose them to frivolous law-
                                                                                                    my time.                                               suits.
                                            provisions.
                                              Now, this has been in effect for half a                  Mr. SCOTT of Virginia. Mr. Speaker,                   NFIB and its members believe in equal pay
                                            century, and we haven’t gotten there.                   may I inquire as to the time remaining                 for equal work. However, NFIB does not be-
                                                                                                                                                           lieve that this legislation is the solution.
                                            Do we need some, yeah, let’s get it                     on both sides, please?
                                                                                                                                                           H.R. 7 will make legitimate business-related
                                            done, this is what the law said in 1963?                   The SPEAKER pro tempore (Mr.                        pay differences difficult to defend in court,
                                            And we really meant it. So let’s carry                  MCEACHIN). The gentleman from Vir-                     invite frivolous lawsuits against small busi-
                                            that out so when the bipartisan, non-                   ginia has 91⁄4 minutes remaining. The                  ness owners by allowing unlimited compen-
                                            partisan reports are made as to who is                  gentlewoman from North Carolina has                    satory and punitive damages in equal pay
                                            making what for the same job, it will                   41⁄2 minutes remaining.                                lawsuits, and significantly increase small
                                            come back men and women are getting                                                                            business paperwork burdens.
                                                                                                       Mr. SCOTT of Virginia. Mr. Speaker,
                                            the same pay for the same job with the                  I yield 1 minute to the gentlewoman                      This legislation would make it nearly im-
                                            same skills and the same seniority.                                                                            possible for a small employer to defend
                                                                                                    from Michigan (Mrs. LAWRENCE), a co-                   against claims where an ‘‘alternative em-
                                              I hope the Senate will take up this
                                                                                                    chair of the Democratic Women’s                        ployment practice’’ exists and could serve
                                            long overdue legislation and pass it so
                                                                                                    Caucus.                                                the same business purpose without producing
                                            President Biden can sign it into law
                                                                                                                                                           a wage differential. Even if an employer were
                                            and at long last make good on the
                                                                                                                           b 1345                          to demonstrate that a legitimate factor such
                                            promise of the Equal Pay Act nearly                                                                            as education, training, or experience ac-
                                            six decades ago.                                          Mrs. LAWRENCE. Mr. Speaker, it is                    counted for a wage differential, an employee
                                              I thank my friend, as I just did, ROSA                                                                       could claim that an ‘‘alternative employ-
                                                                                                    beyond me that in 2021 we are still hav-
                                            DELAURO for the work she has done. I                                                                           ment practice’’ existed and that the em-
                                                                                                    ing this debate on whether men and
                                            thank Ms. DELAURO on behalf of Susan,                                                                          ployer refused to adopt such a practice. For
                                                                                                    women are paid equally. And I just
                                            on behalf of Stefany, on behalf of Anne,                                                                       example, an employee of a small, local hard-
                                                                                                    want to say to my colleague on the                     ware store would be able to sue an employer
                                            my daughters, on behalf of Judy and
                                                                                                    other side, being a Black woman in                     for refusing to adopt a business practice that
                                            Ava and Brooklyn and Savannah, my
                                                                                                    America, I can tell you I do not feel                  a much larger company uses to address wage
                                            three great granddaughters and my
                                                                                                    that she has had the discrimination                    discrepancies. Forcing one-size-fits-all legis-
                                            granddaughter. What she has done,                                                                              lation on small, independent businesses puts
                                                                                                    and the disrespect in the pay scale that
                                            what we can do will make a difference                                                                          them at a significant disadvantage relative
                                                                                                    women of color have experienced. And
                                            for them, their families, and our coun-                                                                        to their larger competitors. A small business
                                            try.                                                    during the brunt of this pandemic
                                                                                                                                                           may have legitimate reasons for not adopt-
                                              Ms. FOXX. Mr. Speaker, I yield my-                    where women are in the forefront,
                                                                                                                                                           ing the practices of a large business. How-
                                            self such time as I may consume.                        those who are frontline workers, the                   ever, if an employee can prove that the inde-
                                              I thank the majority leader for his                   service         industry—predominantly                 pendent business refused to adopt the ‘‘alter-
                                            compliments of me. When Howard                          women. Paycheck fairness corrects this                 native employment practice’’ of a large com-
                                            Coble first introduced me to the Repub-                 injustice by allowing women to chal-                   petitor, the small business automatically
                                            lican Conference here he said, I was ‘‘a                lenge pay discrimination and hold em-                  loses the suit.
                                            feisty mountain woman from the Blue                     ployers accountable.                                     This legislation also prohibits an employer
                                            Ridge, who goes bear hunting with a                       Many in this Chamber like to talk                    from asking a prospective employee about
                                                                                                    about leveling the playing field for all               wage history and prohibits an employer from
                                            switch.’’ And so I have cherished that
                                                                                                                                                           relying on wage history in determining
                                            description of me over the years. I am                  Americans. Then let’s do it by passing                 wages. These prohibitions create a very dif-
                                            a feisty woman because I grew up ex-                    this bill. And in America, when you                    ficult situation for small business owners. A
                                            traordinarily poor.                                     walk in the room as a woman, you                       person’s written resume is only one aspect of
                                              And the majority leader is correct, I                 know you have overcome and you have                    the application process; a person’s salary
                                            would not tolerate discrimination                       work to do. And please don’t continue                  history is another essential part of gauging
                                            against me. I won’t tolerate discrimi-                  to disrespect us by saying that every-                 professional growth and development. If the
                                            nation against anyone. I abhor dis-                     thing is okay. In your world it may be,                needs of a prospective employee and the
                                            crimination. I am also an Italian                       but today we can correct that.                         wants of a business do not match, the pro-
                                            American. I abhor that kind of dis-                                                                            spective employee and the business should be
                                                                                                      The SPEAKER pro tempore. Mem-                        able to discern this sooner rather than later
                                            crimination and have fought against                     bers are reminded to direct their re-                  to avoid wasting each party’s time and en-
                                            that. I fought against racial discrimi-                 marks to the Chair.                                    ergy. By eliminating salary history, the hir-
                                            nation. I doubt there are many people                                                                          ing process becomes less precise and more
                                                                                                      Ms. FOXX. Mr. Speaker, I have never
                                            in this body that fought more against                                                                          difficult for small employers.
                                                                                                    said everything is perfectly okay. I
                                            discrimination against women than I                                                                              This bill also puts significant paperwork
                                                                                                    said this bill is not the answer to what
                                            have or mentored more women than I                                                                             burdens on small business owners. It requires
                                                                                                    issues may still exist out there.
                                            have.                                                                                                          the Equal Employment Opportunity Com-
                                              However, the majority leader also                       Mr. Speaker, I yield 1 minute to the                 mission (EEOC) to issue regulations pro-
                                            said something that made me think of                    gentlewoman from Iowa (Mrs. MILLER-                    viding for the collection of employers’ com-
                                            the phrase, ‘‘all things being equal.’’                 MEEKS), and applaud her for how she                    pensation data. Most small business owners
                                            Well, rarely are all things equal. Obvi-                has handled herself in the past few                    do not have a human resources department




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                                                                                                    months through all the turmoil and all                 or a full-time staff member in charge of re-
                                            ously, when all things are equal, we
                                                                                                    of the challenges she has had.                         porting and compliance. NFIB members find
                                            want no discrimination, everybody to                                                                           unreasonable government regulations to be
                                            be treated the same. That is what I                       Mrs. MILLER-MEEKS. Mr. Speaker,                      their sixth biggest problem and federal pa-
                                            want.                                                   I include in the RECORD a letter from                  perwork to be their 15th biggest problem
                                              I have one child, a daughter. I have                  the National Federation of Independent                 when ranking their top 75 problems and pri-
                                            two grandchildren, a grandson and a                     Businesses opposing H.R. 7.                            orities.




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1815
                                              NFIB strongly opposes H.R. 7, the Pay-                   NATIONAL COUNCIL OF JEWISH WOMEN,                   women entering the workforce in the 1850s,
                                            check Fairness Act, urges the committee to                             Washington, DC, April 14, 2021.         YWCA has been at the forefront of the most
                                            oppose the legislation in its current form.             HOUSE OF REPRESENTATIVES,                              pressing social movements—from voting
                                                 Sincerely,                                         Washington, DC.                                        rights to civil rights, from affordable hous-
                                                                KEVIN KUHLMAN,                        DEAR REPRESENTATIVE: On behalf of our                ing to pay equity, from violence prevention
                                                                       Vice President,              180,000 members, advocates, and supporters,            to health care reform. Today, we serve over
                                                           Federal Government Relations.            National Council of Jewish Women (NCJW)                2 million women, girls and family members
                                                                                                    urges you to pass the Paycheck Fairness Act            of all ages and backgrounds in more than
                                              Mrs. MILLER-MEEKS. Mr. Speaker,                                                                              1,200 communities each year.
                                                                                                    (H.R. 7) without amendments that limit its
                                            I am pleased to be able to introduce                    scope or undermine its critical protections.             Informed by our extensive history, the ex-
                                            this as a small business owner myself.                    NCJW is a grassroots organization of vol-            pertise of our nationwide network, and our
                                            The NFIB letter says: H.R. 7 will add                   unteers and advocates who turn progressive             collective commitment to advocating for the
                                            significant burdens to small businesses                 ideals into action. Inspired by Jewish values,         equity of women and families, we believe
                                            and potentially expose them to frivo-                   NCJW strives for social justice by improving           that no one should have to choose between
                                                                                                    the quality of life for women, children, and           their livelihoods and their health, family, or
                                            lous lawsuits. In addition, the bill will                                                                      safety. Yet far too women and families, in-
                                            make legitimate business-related pay                    families and by safeguarding individual
                                                                                                                                                           cluding a disproportionate number of women
                                            differences difficult to defend in court,               rights and freedoms. The Torah compels us
                                                                                                                                                           and families of color, must make this choice
                                                                                                    tzedek, tzedek tirdof—to pursue justice. To
                                            invite frivolous lawsuits against small                 that end, we advocate for employment laws,
                                                                                                                                                           every day. This has become more clear as the
                                            business owners by allowing unlimited                                                                          effects of the COVID–19 pandemic become
                                                                                                    policies, and practices that provide equal pay         more transparent. The impact of the pan-
                                            compensatory and punitive damages in                    and benefits for work of comparable worth              demic has fallen heavily on women and
                                            equal pay lawsuits, and significantly                   and equal opportunities for advancement.               women of color. Women are especially likely
                                            increase small business paperwork bur-                    Nearly 60 years after passage of the land-           to be essential workers, but they are also
                                            dens.                                                   mark Equal Pay Act, the gender way gap                 bearing the brunt of job losses, while shoul-
                                              Moreover, the NFIB letter says that                   persists. Overall, women earn only 82 cents            dering increased caregiving responsibilities
                                            H.R. 7 will make it nearly impossible                   for every dollar earned by men, and the gap            that have pushed millions out of the work-
                                                                                                    is much wider for women of color (Black                force entirely, resulting in an economic
                                            for a small employer to defend against                  women earn 63 cents, Indigenous women earn
                                            claims where an alternative employ-                                                                            ‘‘Shesession’’. Black women, Latinas, and
                                                                                                    60 cents, Latinas earn 55 cents, and some              other women of color are especially likely to
                                            ment practice exists and could serve                    Asian American and Pacific Islander women              be on the front lines of the crisis, risking
                                            the same business purpose without pro-                  earn only 52 cents). Earnings lost to these            their lives in jobs in health care, child care,
                                            ducing the wage differential.                           gaps are exacerbating the financial effects of         and grocery stores, all while being paid less
                                              The letter also highlights the signifi-               COVID–19, falling particularly heavily on              than their male counterparts.
                                            cant paperwork burdens H.R. 7 would                     women of color and the families who depend               The bipartisan Paycheck Fairness Act
                                            place on small businesses who do not                    on their income.                                       (H.R. 7) would help close longstanding gender
                                                                                                      The Paycheck Fairness Act, which has                 and racial wage gaps by updating and
                                            have a human resources department, a                    been passed three previous times by the                strengthening the Equal Pay Act of 1963 and
                                            full-time staff member in charge, or at-                House of Representatives, mostly recently in           ensure robust protections against sex-based
                                            torneys for reporting and compliance.                   the 116th Congress, offers a much needed up-           pay discrimination. Today, on average,
                                              Mr. Speaker, having been a small                      date to the Equal Pay Act of 1963 by pro-              women in the United States earn only 82
                                            business owner and supported by the                     viding new tools to battle pervasive pay gaps          cents for every dollar paid to men, amount-
                                            small business owners, and during the                   and to challenge discrimination.                       ing to an annual gender wage gap of $10,157.
                                                                                                      We cannot build back an economy that                 Unfortunately, this gap is worse for women
                                            pandemic when it is so necessary for us                                                                        of color. Among women who hold full-time,
                                            to get our small businesses up and op-                  works for everyone without ensuring that all
                                                                                                    women can work with equality, safety, and              year-round jobs in the United States, Black
                                            erating, I urge my colleagues to take                   dignity, starting with pay equity. Passing             women are typically paid 63 cents, Native
                                            these views of small business owners                    the Paycheck Fairness Act would mark a vi-             American women 60 cents and Latinas just 55
                                            into consideration before they vote on                  tally important step toward ensuring this              cents for every dollar paid to white, non-His-
                                            H.R. 7.                                                 becomes reality. I ask you to vote YES on              panic men. White, non-Hispanic women are
                                                                                                                                                           paid 79 cents and Asian American women 87
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   the Paycheck Fairness Act (H.R. 7) without
                                                                                                    amendments that limit its scope or under-              cents for every dollar paid to white, non-His-
                                            I yield 1 minute to the gentlewoman                                                                            panic men, and Asian American and Pacific
                                            from North Carolina (Ms. ROSS).                         mine its critical protections.
                                                                                                                                                           Islander women of some ethnic and national
                                                                                                          Sincerely,
                                              Ms. ROSS. Mr. Speaker, this bill is                                                                          backgrounds fare much worse. The COVID–19
                                                                                                                           JODY RABHAN,
                                            not just about the past, it is about the                                                                       global pandemic has exposed deepening eco-
                                                                                                                          Chief Policy Officer,
                                            future. Gender-based wage discrimina-                                                                          nomic disparities, further unveiling how the
                                                                                                               National Council of Jewish Women.           work performed primarily by women, and
                                            tion exists in every State and in many                    Ms. FOXX. Mr. Speaker, I reserve the                 particularly women of color, has long been
                                            industries.                                             balance of my time.                                    and continues to be undervalued and under-
                                              In the tech industry, which has a                       Mr. SCOTT of Virginia. Mr. Speaker,                  paid. It is time Congress addressed these
                                            huge presence in my district in North                   I yield 1 minute to the gentlewoman                    deepening disparities and take steps towards
                                            Carolina’s Research Triangle, women                     from Missouri (Ms. BUSH).                              real economic change for women by passing
                                            typically make thousands of dollars                                                                            the Paycheck Fairness Act. We cannot afford
                                                                                                      Ms. BUSH. Mr. Speaker, on behalf of
                                            less than men in the same roles.                                                                               to shortchange women as a result of per-
                                                                                                    YWCA USA, I include in the RECORD a                    sistent gender pay gaps and we urge the Rep-
                                            Unsurprisingly, women in tech often                     letter of support for H.R. 7.                          resentative to pass this bill without delay.
                                            leave the industry due to unfair com-                                                     YWCA,                  YWCA USA urges the Representative to
                                            pensation, much to that industry’s det-                                                 April 13, 2021.        protect women’s economic security and pass
                                            riment.                                                   DEAR REPRESENTATIVE: On behalf of YWCA               the Paycheck Fairness Act (H.R. 7) and take
                                              Pay inequity also follows women into                  USA, a network of over 200 local associations          critical steps towards strengthening wom-
                                            retirement. Women have, on average,                     in 45 states and the District of Columbia, I           en’s economic security, particularly at a
                                                                                                    write today to urge the Representative to              time when the country begins to recover
                                            only 70 percent of the retirement in-                                                                          from the COVID–19 pandemic. At this pivotal
                                            come men have.                                          support the Paycheck Fairness Act (H.R. 7)
                                                                                                    and vote no on harmful amendments. As the              moment, Congress must take aggressive ac-
                                              One of the best ways we can help                                                                             tion to address the economic disparities dis-
                                                                                                    economy continues to struggle under the
                                            close the wage gap is through salary                    weight of the COVID–19 pandemic dispropor-             proportionately affecting women and women
                                            negotiation training, which is one of                   tionately affecting women and marginalized             of color. We urge you to pass the Paycheck
                                            the key provisions of this bill.                        communities, there is no better time to take           Fairness Act (H.R. 7) without harmful
                                              I am thankful to groups like Ladies                   action to improve the economic security of             amendments that weaken its critical protec-
                                                                                                    women and families and strengthen our                  tions.
                                            Get Paid and countless others working                                                                            Thank you for your time and consider-
                                            to empower women to help them advo-                     economy. I urge you to pass this bill without
                                                                                                                                                           ation.




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                                            cate for their work.                                    amendments that limit its scope or under-
                                                                                                                                                                  Sincerely,
                                                                                                    mines its critical protections.
                                              I urge my colleagues to support this                                                                                                  ELISHA RHODES,
                                                                                                      For over 160 years, YWCA has been on a
                                            bill for the sake of future generations.                                                                              Interim CEO & Chief Operating Officer.
                                                                                                    mission to eliminate racism, empower
                                              Mr. Speaker, I include in the RECORD                  women, and promote peace, justice, freedom,              Ms. BUSH. Mr. Speaker, St. Louis
                                            this letter from the National Council of                and dignity for all. From our earliest days            and I rise in full support of H.R. 7, the
                                            Jewish Women.                                           providing skills and housing support to                Paycheck Fairness Act.



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                                            H1816                                              CONGRESSIONAL RECORD — HOUSE                                                            April 15, 2021
                                              As a nurse, I earned around 60 per-                      The discriminatory wage gap is cost-                dent’s desk the Lilly Ledbetter Fair Pay Act,
                                            cent of what my White male counter-                     ing women thousands of dollars a year                  the first bill signed into law by President
                                            parts in the same position earned. I                    for doing the exact same work as their                 Obama, which restored the critical rights of
                                            have often imagined how many people                     male counterparts. And I see this right                workers to challenge unfair pay in court.
                                            in my district experienced the same                     here in my community and my district                      Now, a Democratic-led House will push for
                                            burdens, like how much overtime and                     where women are forced to work longer                  enactment of another critical fair pay bill—the
                                            missing wages we could have accrued                     hours, harder, just to make ends meet                  Paycheck Fairness Act that strengthens cur-
                                            every single month.                                     and put food on the table for their fam-               rent law.
                                              We have been chronically underpaid                    ilies.                                                    When House has been controlled by a
                                            and chronically undervalued. I have                        My community is one of the poorest                  Democratic majority, the Paycheck Fairness
                                            stood up to fight for underpaid nurses                  in the Nation, and the wage gap is one                 Act has passed several times—including in the
                                            before and I stand here today to fight                  of the biggest factors for families who                110th Congress, the 111th Congress, and the
                                            for    underpaid    women,     especially               are really trying to get out of the cycle              116th Congress, when it passed by a bipar-
                                            women of color everywhere.                              of poverty and get the support for their               tisan vote of 242 to 187 on March 27, 2019,
                                              Pay Black, pay Brown, pay indige-                     children so they can thrive.                           before dying in then-Senate Majority Leader
                                            nous, pay AAPI women what we’re                            I am grateful to my colleagues on the               MCCONNELL’S legislative graveyard.
                                            worth. Run us our money and run us                      Committee on Education and Labor for                      This is the year to finish the job and send
                                            our money now.                                          bringing this long overdue legislation.                this critical legislation all the to President
                                              Ms. FOXX. Mr. Speaker, I reserve the                     Ms. FOXX. Mr. Speaker, I reserve the                Biden’s desk for signature.
                                            balance of my time.                                     balance of my time.                                       Mr. Speaker, as every woman Member of
                                              Mr. SCOTT of Virginia. Mr. Speaker,                      Mr. SCOTT of Virginia. Mr. Speaker,                 Congress knows, as our mother, sisters,
                                            I yield 1 minute to the gentlewoman                     I yield 1 minute to the gentlewoman                    daughters, and sorors in the workplace know
                                            from Pennsylvania (Ms. DEAN).                           from Texas (Ms. JACKSON LEE).                          all too well, the impact of the wage gap grows
                                                                                                       Ms. JACKSON LEE. Mr. Speaker, I                     throughout a woman’s career.
                                              Ms. DEAN. Mr. Speaker, I thank
                                                                                                    thank the gentleman from Virginia and                     According to the National Women’s Law
                                            Chairman SCOTT for leading and for
                                                                                                    thank him for his leadership—also, the                 Center, based on today’s wage gap, a woman
                                            yielding.
                                                                                                    Speaker and the ranking member.                        who worked full-time, year-round would typi-
                                              Mr. Speaker, I rise in support of the                    According to the National Women’s
                                            Paycheck Fairness Act.                                                                                         cally lose $406,280 over a 40-year career.
                                                                                                    Law Center, based on today’s wage gap,                    This means a woman making the median
                                              It has been more than five decades                    a woman who works full-time year-
                                            since the passage of the Equal Pay Act                                                                         national salary for women would have to work
                                                                                                    round would typically lose $406,280 over               almost nine years longer than her male coun-
                                            of 1963, yet a woman still earns only 82                her 40-year career. This means a
                                            cents on average for every dollar                                                                              terpart to make up this lifetime wage gap.
                                                                                                    woman making the median national                          Mr. Speaker, 58 years after the enactment
                                            earned by her male counterpart.                         salary for women would have to work
                                            Women of color fare much worse. The                                                                            of the Equal Pay Act, full-time working women
                                                                                                    almost 9 years longer than her male                    still earn just 82 cents, on average, for every
                                            Paycheck Fairness Act will ensure                       counterpart.
                                            equal pay for equal work. It is just that                                                                      dollar a man earns, amounting to a yearly gap
                                                                                                       Mr. Speaker, 58 years after the enact-              of $10,157 between full-time working men and
                                            simple and it is just that overdue. Gen-                ment of the Equal Pay Act, full-time
                                            der and racial pay gaps persist, and                                                                           women.
                                                                                                    working women still earn 82 cents on                      The wage gap is also even larger for
                                            earnings lost to these gaps are felt                    average for every dollar a man earns,
                                            even more during the COVID–19 pan-                                                                             women of color.
                                                                                                    amounting to a yearly gap of almost                       Hispanic women on average earn only 55
                                            demic. This falls most heavily on                       $20,000. They, too, raise children. They,              cents for every dollar paid to white, non-His-
                                            women.                                                  too, have overhead.                                    panic men.
                                              The Paycheck Fairness Act will up-                       In this pandemic year, we have found                   Native American women on average earn
                                            date and strengthen the Equal Pay Act                   that 2 million women have lost their                   only 60 cents for every dollar paid to white,
                                            to help close this gap. Pay inequities                  jobs. We know that Hispanic women                      non-Hispanic men.
                                            not only affect women, it affects chil-                 earn 55 cents, Native-American women                      African American women on average earn
                                            dren and their families. Though we                      60 cents, and African-American women,                  only 63 cents for every dollar paid to white,
                                            have made strides in the past, we know                  on average, only 63 cents.                             non-Hispanic men.
                                            the issue of equal pay persists.                           It is time now to put this paycheck                    The National Partnership for Women and
                                              We must not pass this inequity on. I                  fairness bill on the desk of the Presi-                Families has calculated that $10,157 for a me-
                                            want my granddaughters, Aubrey and                      dent of the United States. It modern-                  dian family in America means more than 9 ad-
                                            Ella, as well as my grandson, Sawyer,                   izes and strengthens the Equal Pay                     ditional months of rent or 13 additional months
                                            to live in a country where equal pay for                Act, which is what the Lilly Ledbetter                 of childcare.
                                            equal work is the norm.                                 Act was, and brings the country one                       Indeed, if women were paid the same as
                                              I thank chairwoman and champion                       step closer to ensuring that women can                 men, the poverty rate for all working women
                                            ROSA DELAURO.                                           receive equal pay for equal work.                      would be cut in half and the poverty rate for
                                              Ms. FOXX. Mr. Speaker, I reserve the                     Mr. Speaker, I ask for support of this              working single mothers would be cut by nearly
                                            balance of my time.                                     legislation.                                           half.
                                              Mr. SCOTT of Virginia. Mr. Speaker,                      Mr. Speaker, as an original cosponsor, a               Because of loopholes in the law and weak
                                            I yield 1 minute to the gentlewoman                     senior member of the Committees on the Judi-           sanctions for violations, the Equal Pay Act of
                                            from Michigan (Ms. TLAIB).                              ciary, on Homeland Security, on the Budget,            1963 has not provided the tools to truly com-
                                              Ms. TLAIB. Mr. Speaker, did you                       and a member of the Democratic Working                 bat unequal pay.
                                            know that over 40 percent of mothers                    Women’s Task Force, I rise in strong support              The Paycheck Fairness Act modernizes and
                                            are sole or primary breadwinners for                    of H.R. 7, the landmark Paycheck Fairness              strengthens the Equal Pay Act and brings the
                                            their families? It has been over 50 years               Act, which strengthens and closes loopholes            country one step closer to ensuring that
                                            since the Equal Pay Act was signed                      in the 1963 Equal Pay Act, including providing         women receive equal pay for equal work in
                                            into law, yet the problems that pre-                    effective remedies for workers who are not             the following ways:
                                            ceded that legislation remain today. So                 being paid equal pay for equal work.                      1. Requires employers to prove that pay dis-
                                            it is time for the Paycheck Fairness                       I thank my colleague, the Chair of the Com-         parities exist for legitimate, job-related reasons
                                            Act.                                                    mittee on Appropriations, Congresswoman                and puts the burden on employers to show the
                                              Mr. Speaker, across the country,                      DELAURO, for introducing the Paycheck Fair-            disparity is not sex-based, but job-related and
                                            women are paid 80 cents to the dollar                   ness Act in every Congress since 1997, which           necessary;




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                                            that men are paid, and the number is                    enabled me join her as an original cosponsor              2. Bans retaliation against workers who vol-
                                            significantly lower for women of color.                 all during those years as we fought shoulder           untarily discuss or disclose their wages;
                                            Black women make roughly 60 percent                     to shoulder for women’s equality and em-                  3. Ensures women receive the same robust
                                            to the dollar. Native-American women                    powerment.                                             remedies for sex-based pay discrimination
                                            make about 57 cents. And Latina                            Mr. Speaker, in January 2009, the Demo-             available to those subjected to discrimination
                                            women make just over 50 to the dollar.                  cratic-led 111th Congress sent to the Presi-           based on race and national origin;



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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                        H1817
                                               4. Removes obstacles in the Equal Pay Act            scriptive bills just to get flashy head-               be put at grave risk of death by dismember-
                                            to facilitate a wronged worker’s participation in       lines and score cheap political points.                ment abortion and chemical poisoning if H.R 7
                                            class action lawsuits that challenge systemic              We are equally committed to pro-                    is enacted in its current form, I will vote ‘‘no’’
                                            pay discrimination;                                     moting both fairness and strong policy-                today.
                                               5. Makes improvements in the Equal Em-               making, and when judged by these                          In a letter dated April 14, the United States
                                            ployment Opportunity Commission’s (EEOC’s)              standards, today’s bill falls woefully                 Conference of Catholic Bishops said: ‘‘H.R. 7
                                            and the Department of Labor’s tools for en-             short. Pay discrimination is illegal.                  would amend the Fair Labor Standards Act
                                            forcing the Equal Pay Act;                                 You know, we have really heard                      (FLSA). The FLSA, among other things, pro-
                                               6. Provides assistance to all businesses to          nothing about the inadequacies of the                  hibits unequal wages between men and
                                            help them with their equal pay practices, rec-          current law or the current processes.                  women performing equal work. 29 U.S.C.
                                            ognizes excellence in pay practices by busi-            What we have heard is that we need                     § 206(d)(l). Wages include all forms of remu-
                                            nesses, and empowers women and girls by                 new legislation. Republicans disagree                  neration, including ‘‘frinqe benefits’’ such as
                                            creating a negotiation skills training program;         with that. Again, we want pay dis-                     ‘‘medical, hospital, [and] accident . . . insur-
                                            and                                                     crimination to be illegal and we want                  ance,’’ ‘‘life insurance,’’ ‘‘retirement benefits,’’
                                               7. Prohibits employers from seeking salary           any such cases to be treated seriously                 and ‘‘leave.’’ 29 C.F.R. 1620.10, 1620.11.
                                            history in determining future pay, so that pay          and to be looked at. This bill offers no                  ‘‘Strengthening federal law to ensure equal
                                            discrimination does not follow women from job           new protection against pay discrimina-                 compensation for equal work as between men
                                            to job.                                                 tion in the workplace, however. And                    and women is a laudable legislative goal, and
                                               Finally, equal pay is not simply a women’s                                                                  we heartily endorse that goal . . . Unfortu-
                                                                                                    that is sorely lacking in this bill.
                                            issue, but a family issue.                                 Mr. Speaker, H.R. 7 is nothing more                 nately, H.R. 7 has moved in a different direc-
                                               Two-thirds of mothers are either the sole                                                                   tion . . . We believe that if the bill were to
                                                                                                    than a trial lawyer payout at the ex-
                                            breadwinner or a co-breadwinner in the                                                                         pass, the Fair Labor Standards Act could be
                                                                                                    pense of hardworking women. I urge a
                                            household, so their earnings are vital to their                                                                construed to require employers, including even
                                                                                                    ‘‘no’’ vote, and I yield back the balance
                                            families.                                                                                                      religious organizations, to cover and pay for
                                               When women bring home less money each                of my time.
                                                                                                       Mr. SCOTT of Virginia. Mr. Speaker,                 abortions . . . we urge members to oppose
                                            day, it means they have less for the everyday                                                                  the redefinition of sex in H.R. 7 and instead
                                            needs of their families—groceries, rent,                I yield myself the balance of my time.
                                                                                                       Mr. Speaker, this is a critical time to             revert to the version of the bill that passed the
                                            childcare, and doctors’ visits.                                                                                House in the 116th Congress.’’
                                               The Paycheck Fairness Act is strongly en-            secure equal pay for equal work. Over
                                                                                                    the past year, the COVID–19 pandemic                      The National Right to Life Committee op-
                                            dorsed by a coalition of more than 200 organi-                                                                 posed the redefinition of ‘‘sex’’ and opposes
                                            zations, including AAUW, National Women’s               has driven over 2 million women out of
                                                                                                    the workforce. As women return to the                  the bill. They said in a letter: ‘‘H.R. 7 makes
                                            Law Center, National Partnership for Women                                                                     definitional changes to sex to include preg-
                                            and Families, National Organization for                 workplace, failure to strengthen the
                                                                                                    equal pay protections will exacerbate                  nancy, childbirth, or a related medical condi-
                                            Women, National Committee on Pay Equity,                                                                       tion. It is well established that abortion will be
                                            MomsRising, UltraViolet, Center for Law and             and entrench the gender wage gap for
                                                                                                    years to come.                                         regarded as a ‘‘related medical condition.’’
                                            Social Policy, The Leadership Conference on                                                                    See 29C.F.R.pt.1604 App.(1986) and Doe v.
                                            Civil and Human Rights, NAACP, League of                   Mr. Speaker, we all know that dis-
                                                                                                    crimination exists. The Paycheck Fair-                 CARS Protection Plus, lnc., 527F.3d 358
                                            Women Voters, U.S. Women’s Chamber of                                                                          (3dCir.2008).
                                            Commerce, AFL–CIO, SEIU, United Steel-                  ness Act will allow victims the tools
                                                                                                    they need to combat and also close                        ‘‘Historically, when Congress has addressed
                                            workers, AFSCME, American Federation of                                                                        discrimination based on sex, rules of construc-
                                            Teachers, National Education Association,               loopholes that allows employers to es-
                                                                                                    cape liability for discriminatory pay                  tion have been added to prevent requiring
                                            International Association of Machinists and                                                                    funding of abortion. Since there is no rule of
                                            Aerospace Workers, American Psychological               differences.
                                                                                                       Today, we are talking about financial               construction that would make this legislation
                                            Association, Anti-Defamation League, and                                                                       abortion-neutral, it is likely that H.R. 7 could
                                            many more.                                              security for millions of families. Sixty-
                                                                                                    four percent of mothers are either the                 be used to sue employers for a lack of elec-
                                               I urge all members to join me in voting to                                                                  tive abortion coverage.’’
                                            pass H.R. 7, the Paycheck Fairness Act of               sole family breadwinner or co-bread-
                                                                                                                                                              In like manner, the Susan B. Anthony List
                                            2021, to ensure effective remedies for workers          winner. We cannot continue to allow
                                                                                                                                                           opposes the bill noting that H.R. 7 amends the
                                            who are not being paid equal pay for equal              gender-based pay inequity to rob half
                                                                                                                                                           Fair Labor Standards Act of 1938 by adding
                                            work.                                                   of all workers and their families the
                                                                                                                                                           ‘‘pregnancy childbirth, or a related medical
                                               Ms. FOXX. Mr. Speaker, I reserve the                 wages they deserve.
                                                                                                                                                           condition’’ to the definition of ‘‘sex,’’ which
                                            balance of my time.                                        The Paycheck Fairness Act is our
                                                                                                                                                           courts have interpreted broadly to include
                                               Mr. SCOTT of Virginia. Mr. Speaker,                  chance to finally help close the gender
                                                                                                                                                           abortion.’’
                                            I am prepared to close, and I reserve                   wage gap by reinforcing the Equal Pay
                                                                                                                                                              Other pro-life organizations urged a ‘‘no’’
                                            the balance of my time.                                 Act and strengthening protections for
                                                                                                                                                           vote including March for Life Action.
                                               Ms. FOXX. Mr. Speaker, I yield my-                   working women. The bill would ensure                      Madam Speaker, underscoring my commit-
                                            self the balance of my time. Women, in                  that gender equality on the job is not                 ment to the legislation without the redefinition
                                            terms of employment and pay, have                       an aspiration but a reality.                           of the term ‘‘sex’’, yesterday I introduced H.R
                                            made great strides in this country.                        Madam Speaker, I ask our colleagues                 2490—the Paycheck Fairness Act with the
                                            When I was graduating from high                         to support the legislation, and I yield                identical H.R. 7 language from January.
                                            school, basically there were three open                 back the balance of my time.                              H.R. 2490 is needed to ensure that the
                                            professions for women: nursing, teach-                     Mr. SMITH of New Jersey. Madam Speaker,             noble goals embedded in the landmark law,
                                            ing, and being a secretary. We have                     I have strongly supported the Paycheck Fair-           the Equal Pay Act of 1963, are achieved.
                                            come a long way. We have also come a                    ness Act and have done so for over two dec-               Among its provisions H.R. 2490:
                                            long way in terms of wages.                             ades.                                                     Prohibits employers from seeking the salary
                                               Do we have ways to go in this coun-                     When the legislation finally got a vote in the      history of prospective employees. By banning
                                            try in terms of the way everybody                       House in 2008, I voted ‘‘yes’’ I voted ‘‘yes’’         reliance on salary history in determining future
                                            thinks about people who are different                   again in 2009 and 2019. I have cosponsored             pay, the bill ensures that prior pay discrimina-
                                            from them? We certainly do. Repub-                      the Paycheck Fairness Act since 2015.                  tion doesn’t follow workers from job to job.
                                            licans and Democrats both agree that                       In January, I again enthusiastically cospon-           Bans retaliation against workers who dis-
                                            pay discrimination is repugnant and il-                 sored H.R. 7—the Paycheck Fairness Act.                cuss their wages.
                                            legal. I will say it again and again. It                   In late March, however, H.R. 7 was radically           Improves research on the gender pay gap.
                                            is repugnant and illegal.                               altered during markup in the Education and             The bill instructs DOL to conduct studies and




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                                               Despite misguided claims from the                    Labor Committee with a new definition of               review available research and data to provide
                                            other side, this underlying principle is                ‘‘sex’’ that according to serious legal analysis       information on how to identify, correct, and
                                            not up for debate. Women should not be                  will compel employers to subsidize abortion on         eliminate illegal wage disparities.
                                            paid less than men for equal work.                      demand.                                                   Requires the collection of wage data from
                                               However, Republicans are not in the                     Because I respect the inherent dignity and          federal contractors and directs the Equal Em-
                                            business of passing radical and pre-                    value of unborn baby girls and boys who will           ployment Opportunity Commission (EEOC) to



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                                            H1818                                              CONGRESSIONAL RECORD — HOUSE                                                          April 15, 2021
                                            conduct a survey of available wage informa-             redundant in whole or in part—overlooks the            rule of construction that would make this
                                            tion and create a system of wage data in                fact that Title VII has religious exemptions           legislation abortion-neutral, it is likely that
                                            order to help the Department of Labor uncover           and abortion-neutral language that are not             H.R. 7 could be used to sue employers for a
                                                                                                    found in the FLSA. The Supreme Court has               lack of elective abortion coverage.
                                            wage discrimination.
                                                                                                    put off to another day the resolution of the             Under H.R. 7, a person could make a claim
                                               Provides a small business exception. The             question of exactly how the sex discrimina-
                                            Equal Pay Act and the Fair Labor Standards                                                                     that an employer’s failure to provide health
                                                                                                    tion provisions of Title VII intersect with            coverage for abortion is discriminatory if an
                                            Act have an exemption for small businesses              the religious convictions of employers.                employer provides health coverage for male-
                                            that generate less than $500,000 in annual              Bostock v. Clayton County. 140 S. Ct. 1731,            specific items.
                                            revenues a year, and the Paycheck Fairness              1753–54 (2020). H.R. 7 would raise a similar
                                                                                                    question but in a different statutory setting,           For the reasons above, National Right to
                                            Act would keep that exemption intact.                                                                          Life opposes the current version of H.R. 7
                                               Supports small businesses with technical             one in which the critical religious exemp-
                                                                                                    tions and abortion-neutral language of Title           and reserves the right to include a House roll
                                            assistance.                                                                                                    call on this measure in our scorecard of key
                                                                                                    VII are entirely missing.
                                               Provides assistance to all businesses to               For these reasons, we urge members to op-            pro-life votes of the 117th Congress.
                                            help them with their equal pay practices, rec-          pose the redefinition of sex in H.R. 7 and in-           Should you have any questions, please con-
                                            ognize excellence in pay practices by busi-             stead revert to the version of the bill that           tact us.
                                            nesses, and empower workers by creating a               passed the House in the 116th Congress.                  Thank you for your consideration of
                                            negotiation skills training program.                          Sincerely.                                       NRLC’s position on this matter.
                                               I include in the RECORD the following letters                         HIS EMINENCE TIMOTHY
                                                                                                                                                             Respectfully submitted,
                                            of opposition.                                                             CARDINAL DOLAN,
                                                                                                                                                                             CAROL TOBIAS,
                                                                                                                       Archbishop of New
                                                      UNITED STATES CONFERENCE                                                                                                 President.
                                                                                                                         York,       Chairman,
                                                                  OF CATHOLIC BISHOPS,                                                                                       DAVID N. O’STEEN, Ph.D.,
                                                                                                                         Committee for Reli-
                                                             Washington, DC, April 14, 2021.                                                                                   Executive Director.
                                                                                                                         gious Liberty.
                                               DEAR REPRESENTATIVE: We write to raise                                                                                        JENNIFER POPIK, J.D.,
                                                                                                                     MOST REVEREND PAUL S.
                                            pro-life and other concerns about the Pay-                                                                                         Legislative Director.
                                                                                                                       COAKLEY,
                                            check Fairness Act, H.R. 7.
                                               H.R. 7 would amend the Fair Labor Stand-                                Archbishop of Okla-
                                                                                                                         homa City, Chair-                                  SUSAN B. ANTHONY LIST,
                                            ards Act. The FLSA, among other things,                                                                                                        April 13, 2021.
                                            prohibits unequal wages between men and                                      man, Committee on
                                            women performing equal work. 29 U.S.C.                                       Domestic       Justice              DEAR REPRESENTATIVE: I write to advise
                                            § 206(d)(l). Wages include all forms of remu-                                And Human Devel-                  you that Susan B. Anthony List, on behalf of
                                            neration, including ‘‘fringe benefits’’ such as                              opment.                           our more than 900,000 members, opposes H.R.
                                            ‘‘medical, hospital, [and] accident . . . insur-                         MOST REVEREND JOSEPH F.               7, the Paycheck Fairness Act, which was
                                            ance,’’ ‘‘life insurance,’’ ‘‘retirement bene-                             NAUMANN,                            amended at the last minute to add a defini-
                                            fits,’’ and ‘‘leave.’’ 29 C.F.R. §§ 1620.10, 1620.11.                      Archbishop of Kansas                tion of sex that could force employers to
                                               Strengthening federal law to ensure equal                                 City    in    Kansas,             cover elective abortion through employee
                                            compensation for equal work as between men                                   Chairman,        Com-             benefits under the guise of fairness.
                                            and women is a laudable legislative goal, and                                mittee on Pro-Life                  H.R. 7 amends the Fair Labor Standards
                                            we heartily endorse that goal. See Economic                                  Activities.                       Act of 1938 by adding ‘‘pregnancy, childbirth,
                                            Justice for All, no. 167 (1986), (‘‘Particular at-                       MOST REV. DAVID A.                    or a related medical condition’’ to the defini-
                                            tention is needed to achieve pay equity be-                                KONDERLA,                           tion of ‘‘sex,’’ which courts have interpreted
                                            tween men and women’’); Compendium of the                                  Bishop      of   Tulsa,             broadly to include abortion.
                                            Social Doctrine of the Church, no. 295 (2004)                                Chairman,        Sub-
                                                                                                                         committee for the                   The abortion implications are buried in
                                            (‘‘An urgent need to recognize effectively the                                                                 layers of court interpretations and regula-
                                            rights of women in the workplace is seen es-                                 Promotion, and De-
                                                                                                                         fense of Marriage.                tions of the Equal Employment Opportunity
                                            pecially under the aspects of pay, insurance                                                                   Commission (EEOC). The Fair Labor Stand-
                                            and social security.’’); Pope Francis, Audi-                                                                   ards Act (FSLA) prohibits sex discrimination
                                            ence with Delegates from the Confederation                                 NATIONAL RIGHT TO
                                                                                                                        LIFE COMMITTEE, INC.,              in the area of employee wages. And while the
                                            of Trade Unions in Italy (June 28, 2017) (‘‘And                                                                FSLA does not explicitly include benefits
                                            what I am about to say may seem obvious,                                Alexandria, VA, April 13, 2021.
                                                                                                    Re In Opposition to the Paycheck Fairness              like health coverage in its definition of
                                            but in the world of work women are still in                                                                    wages, the EEOC has interpreted wages to
                                            second class. You might say, ‘No, but there                  Act (H.R. 7).
                                                                                                                                                           include benefits. The EEOC states that the
                                            is that businesswoman, that other one . . .’;              DEAR REPRESENTATIVE: This week, the                 Equal Pay Act, part of the FSLA, ‘‘requires
                                            yes, but if women earn less, are more easily            House will consider the Paycheck Fairness              that men and women in the same workplace
                                            exploited . . . do something.’’). Indeed, Con-          Act (H.R. 7). While the legislation is meant           be given equal pay for equal work.’’ The De-
                                            gress could do more in this area.                       to address potential discrimination regard-            partment of Labor and the EEOC further
                                               Unfortunately, H.R. 7 has moved in a dif-            ing the gender pay gap, the legislation was            stipulate that equal pay includes benefits,
                                            ferent direction. On March 24, the House                amended to contain language that could be              and the EEOC allows a person to go straight
                                            Committee on Education and Labor marked                 construed to require employers to cover elec-          to court with claims this provision has been
                                            up the bill to redefine the term .. ‘‘sex’’ to          tive abortion in their healthcare benefits.            violated. There is nothing preventing a per-
                                            include such items as ‘‘sex stereotypes,’’                 Because of this change, National Right to           son from claiming sex discrimination if an
                                            ‘‘pregnancy, child birth, or a related medical          Life urges you to oppose the bill and reserves         employer provides health coverage for all of
                                            condition,’’ ‘‘sexual orientation.’’ ‘‘gender           the right to include a House roll call on this         men’s health services but does not pay for
                                            identity,’’ and ‘‘sex characteristics. includ-          measure in our scorecard of key pro-life               coverage for abortion services for women.
                                            ing intersex traits.’’                                  votes of the 117th Congress.
                                               H.R. 7’s redefinition of sex in the FLSA is             H.R. 7 states that it constitutes discrimi-           When the terms ‘‘pregnancy, childbirth, or
                                            seriously problematic. We believe that if the           nation to provide disparate wages based on             related medical condition’’ were used in the
                                            bill were to pass, the FLSA could be con-               sex, and the legislation creates more oppor-           Pregnancy Discrimination Act four decades
                                            strued to require employers, including even             tunities to seek remedies for those chal-              ago, the terms were accompanied by lan-
                                            religious organizations, to (a) cover and pay           lenging compensation. The Equal Employ-                guage stating that employers could not be
                                            for abortions, contraceptives, and gender               ment Opportunity Commission (EEOC) has                 forced to cover abortion in health insurance
                                            transition procedures in their health plans             defined equal pay under the Fair Labor                 benefits except to save the life of the moth-
                                            (b) treat same-sex civil marriages as equiva-           Standards Act and the Equal Pay Act of 1963            er. While H.R. 7 does not override that lim-
                                            lent to traditional marriages in the provi-             to include all forms of compensation, includ-          ited safeguard, it does fail to extend equiva-
                                            sion of spousal benefits, and (c) facilitate            ing healthcare benefits.                               lent safeguards to address its much broader,
                                            abortions and gender transition procedures                 H.R. 7 makes definitional changes to ‘‘sex’’        more sweeping reach. Without abortion neu-
                                            by providing paid leave for that purpose as             to include ‘‘pregnancy, childbirth, or a re-           tral language in H.R. 7, this legislation opens
                                            part of existing paid leave programs. In this           lated medical condition.’’ It is well estab-           the door for employers to be sued for sex dis-
                                            way, the bill would require many religious              lished that abortion will be regarded as a             crimination by simply refraining from fund-
                                                                                                                                                           ing abortion on demand in employee health




ctelli on DSK11ZRN23PROD with HOUSE
                                            organizations to be involved in and to ap-              ‘‘related medical condition.’’ See 29 C.F.R.
                                            prove things they sincerely believe are                 pt. 1604 App. (1986) and Doe v. CARS Protec-           plans.
                                            wrong.                                                  tion Plus, Inc., 527 F.3d 358 (3d Cir. 2008).            Susan B. Anthony List opposes and will
                                               Some may argue that Title VII already im-               Historically, when Congress has addressed           score against H.R. 7.
                                            poses all or some of these requirements.                discrimination based on sex, rules of con-                   Sincerely,
                                            That argument—in addition to rendering the              struction have been added to prevent requir-                           MARJORIE DANNENFELSER,
                                            redefinition of ‘‘sex’’ in this bill seemingly          ing funding of abortion. Since there is no                                                 President.




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                     H1819
                                                            MARCH FOR LIFE ACTION,                  this effort will make improvements to the tools          AMENDMENT NO. 1 OFFERED BY MR. BEYER OF
                                                           Washington, DC, April 14, 2021.          available to the Equal Employment Oppor-                                 VIRGINIA
                                            HOUSE OF REPRESENTATIVES,                               tunity Commission and the Department of                  In subsection (f) as added to section 709 of
                                            Washington DC.                                                                                                 the Civil Rights Act of 1964 by the amend-
                                              DEAR REPRESENTATIVE: On behalf of March
                                                                                                    Labor to enforce the Equal Pay Act.
                                                                                                       Madam Speaker, as a member of the                   ment made by section 7 of the bill, strike
                                            for Life Action and the millions of pro-life                                                                   paragraph (1) and insert the following:
                                            Americans who march to end abortion, I am               Democratic Women’s Caucus, I am committed                (1) Not later than 24 months after the date
                                            writing to voice our opposition to H.R. 7, the          to advancing the professional development              of enactment of this subsection, the Commis-
                                            Paycheck Fairness Act. While March for Life             and financial security of women and minorities         sion shall provide for the annual collection
                                            Action has no position on the original bill,            in our workforce. That is why I would urge my          from employers of compensation data
                                            inexplicably the bill language was changed              colleagues on both sides of the aisle to sup-          disaggregated by the sex, race, and national
                                            this Congress to include troubling language             port this legislation.                                 origin of employees. The Commission may
                                            that seems to have the singular purpose of                 Ms. ESHOO. Madam Speaker, I rise today              also require employers to submit other em-
                                            promoting abortion.                                     to express my support of the Paycheck Fair-            ployment-related data (including hiring, ter-
                                              The definition included in Section 2 in-                                                                     mination,       and     promotion      data)   so
                                            cludes ‘‘pregnancy or related medical condi-            ness Act, a bill I’m proud to have voted for in        disaggregated.
                                            tion,’’ which amends the Equal Pay Act por-             the previous Congress.                                   At the end of subparagraph (2) of sub-
                                            tion of the Fair Labor Standards Act. This                 Today, women make up the majority of the            section (f) as added to section 709 of the Civil
                                            law states that it constitutes discrimination           college-educated workforce, yet only earn ap-          Rights Act of 1964 by the amendment made
                                            to provide different wages to individuals               proximately 82 percent of what men earn. For           by section 7 of the bill, strike the last sen-
                                            based on sex. The EEOC defines equal pay                women of color, the pay gap is even worse.             tence and insert the following:
                                            under the FLSA/Equal Pay Act to mean all                   This legislation is critical because it makes       The Commission shall also consider factors
                                            forms of compensation, including benefits.              significant progress in eliminating pay discrimi-      including the imposition of burdens on em-
                                              By stating that ‘‘sex’’ includes ‘‘pregnancy          nation against women by providing them the             ployers, the frequency of required reports
                                            or related medical condition,’’ the bill estab-                                                                (including the size of employers required to
                                            lishes the expectation that women will be
                                                                                                    necessary protections and tools to combat              prepare reports), appropriate protections for
                                            given ‘‘equal benefits’’ related to pregnancy           sex-based pay discrimination.                          maintaining data confidentiality, and the
                                            and abortion. The legislation gives power to               Simply put, ensuring that one half of the           most effective format to report such data.
                                            the Federal government to use its full force            workforce is paid as much for the same job as            In paragraph (3) of subsection (f) as added
                                            to attack health care providers, including              the other half is a matter of basic rights and         to section 709 of the Civil Rights Act of 1964
                                            businesses, which do not include full abor-             fairness. Women deserve better, and I look             by the amendment made by section 7 of the
                                            tion coverage in their plans, and be subject            forward to voting for this bill once again.            bill, strike ‘‘(3)’’ and all that follows through
                                            to the enhanced penalties laid out in the bill.                                                                subparagraph (C), and insert the following:
                                              Clearly this legislation is not about fair-                            b 1400                                  ‘‘(3)(A) For each 12-month reporting period
                                            ness, however it is pushing a radical abortion            The SPEAKER pro tempore (Ms.                         for an employer, the data collected under
                                            scheme that is opposed by most Americans.                                                                      paragraph (1) shall include compensation
                                                                                                    DELBENE). All time for debate has ex-
                                            For these reasons, March for Life Action will                                                                  data disaggregated by the categories de-
                                                                                                    pired.                                                 scribed in subparagraph (E).
                                            score against H.R. 7 in our annual scorecard
                                                                                                      Each further amendment printed in                      ‘‘(B) For the purposes of collecting the
                                            for the 117th Congress.
                                                  Sincerely,                                        part B of House Report 117–15 not ear-                 disaggregated compensation data described
                                                                 THOMAS MCCLUSKY,                   lier considered as part of amendments                  in subparagraph (A), the Commission may
                                                         President, March for Life Action.          en bloc pursuant to section 3 of House                 use compensation ranges reporting—
                                                                    --                              Resolution 303, shall be considered only                 ‘‘(i) the number of employees of the em-
                                               Ms. JOHNSON of Texas. Madam Speaker,                 in the order printed in the report, may                ployer who earn compensation in an amount
                                            I rise today to express my support for the pas-                                                                that falls within such compensation range;
                                                                                                    be offered only by a Member designated
                                            sage of H.R. 7, the Paycheck Fairness Act.                                                                     and
                                                                                                    in the report, shall be considered as                    ‘‘(ii) the total number of hours worked by
                                            This landmark legislation, of which I am a              read, shall be debatable for the time                  such employees.
                                            proud cosponsor, will close loopholes in the            specified in the report equally divided                  ‘‘(C) If the Commission uses compensation
                                            Equal Pay Act to better protect and promote             and controlled by the proponent and an                 ranges to collect the pay data described in
                                            effective remedies for workers still subject to         opponent, may be withdrawn by the                      subparagraph (A), the Commission may ad-
                                            inequitable and insufficient pay.                       proponent at any time before the ques-                 just such compensation ranges—
                                               Signed into law by President John F. Ken-                                                                     ‘‘(i) if the Commission determines that
                                                                                                    tion is put thereon, shall not be subject
                                            nedy in 1963, the Equal Pay Act was the first                                                                  such adjustment is necessary to enhance en-
                                                                                                    to amendment, and shall not be subject                 forcement of Federal laws prohibiting pay
                                            anti-discrimination law addressing wage dif-            to a demand for division of the ques-                  discrimination; or
                                            ferences at the federal level. Now, half a cen-         tion.                                                    ‘‘(ii) for inflation, in consultation with the
                                            tury after its enactment, women and minorities            It shall be in order at any time for                 Bureau of Labor Statistics.’’.
                                            still face significant wage disparities despite         the chair of the Committee on Edu-                       In subparagraph (D) of subsection (f)(3) as
                                            making great strides in the workforce. Accord-          cation and Labor or his designee to                    added to section 709 of the Civil Rights Act
                                            ing to a study conducted by the U.S. Census             offer amendments en bloc consisting of                 of 1964 by the amendment made by section 7
                                            Bureau’s American Community Survey, the                                                                        of the bill, strike ‘‘shall’’ and insert ‘‘may’’.
                                                                                                    further amendments printed in part B                     In subparagraph (G) of subsection (f)(3) as
                                            median earnings for women in Texas is $36k,             of House Report 117–15, not earlier dis-               added to section 709 of the Civil Rights Act
                                            compared to the median earnings of $46k for             posed of. Amendments en bloc shall be                  of 1964 by the amendment made by section 7
                                            men. Across the Nation, women are only earn-            considered as read, shall be debatable                 of the bill, strike ‘‘annually’’ and insert ‘‘at
                                            ing on average 82 cents for every dollar a              for 20 minutes equally divided and con-                18-month intervals’’.
                                            man makes in similar, full-time positions. The          trolled by the chair and ranking minor-                 AMENDMENT NO. 2 OFFERED BY MS. NEWMAN OF
                                            differences are only exacerbated when you               ity member of the Committee on Edu-                                        ILLINOIS
                                            take into consideration that Black women                cation and Labor or their respective                     Page 28, after line 17, insert the following:
                                            make 63 cents, Native American women 60                 designees, shall not be subject to                     SEC. 12. NOTICE REQUIREMENTS.
                                            cents, and Hispanic women 55 cents.                     amendment, and shall not be subject to                   (a) IN GENERAL.—Each employer shall post
                                               As the first Black woman elected in Dallas                                                                  and keep posted, in conspicuous places on
                                                                                                    a demand for division of the question.
                                            and someone who has worked in fields domi-                                                                     the premises of the employer where notices
                                                                                                         AMENDMENTS EN BLOC OFFERED BY MR.                 to employees are customarily posted, a no-
                                            nated by men, I have witnessed and experi-                           SCOTT OF VIRGINIA                         tice, to be prepared or approved by the Equal
                                            enced firsthand the biases and hardships that             Mr. SCOTT of Virginia. Madam                         Employment Opportunity Commission and
                                            women and minorities face in our workforce.             Speaker, pursuant to section 3 of House                the Secretary of Labor, of the requirements
                                            That is why I am proud to announce that the             Resolution 303, I rise to offer amend-                 described in this Act (or the amendments
                                            advances made in this legislation are wide-             ments en bloc.                                         made by such Act).
                                            ranging and significant. The Paycheck Fair-               The SPEAKER pro tempore. The                           (b) RELATION TO EXISTING NOTICES.—The




ctelli on DSK11ZRN23PROD with HOUSE
                                            ness Act will protect working women against             Clerk will designate the amendments                    notice under subsection (a) may be incor-
                                            retaliation for discussing salaries, prohibit em-                                                              porated into notices required of the em-
                                                                                                    en bloc.
                                                                                                                                                           ployer as of the date of enactment of this
                                            ployers from screening job applicants based               Amendments en bloc consisting of                     Act.
                                            on their salary history, and finally require em-        amendment Nos. 1, 2, 3, 5, and 6, print-                 (c) DIGITAL NOTICE.—With respect to the
                                            ployers to prove that pay disparities exist for         ed in part B of House Report 117–15, of-               notice under subsection (a), each employer
                                            legitimate, job-related reasons. Additionally,          fered by Mr. SCOTT of Virginia:                        shall—




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                                            H1820                                               CONGRESSIONAL RECORD — HOUSE                                                       April 15, 2021
                                              (1) post electronic copies of the notice on            actment of this Act, the Secretary of Labor,             Democrats claim H.R. 7 will improve
                                            an internal website to which employees have              acting through the Director of the Women’s             upon these bipartisan laws to create
                                            access; and                                              Bureau, shall request proposals and commis-            new opportunities for women to fight
                                              (2) notify employees on such internal                  sion studies that can advance knowledge on
                                                                                                                                                            pay discrimination. What H.R. 7 actu-
                                            website of the location of the place on the              the gender wage gap among younger work-
                                            premises where the notice is posted.                     ers, and shall make such studies available on          ally does is create new opportunities
                                              Page 28, beginning on line 18, redesignate             a publicly accessible website of the Depart-           for trial lawyers to earn higher pay-
                                            sections 12 and 13 as sections 13 and 14, re-            ment of Labor.                                         checks while offering no new protec-
                                            spectively.                                                AMENDMENT NO. 6 OFFERED BY MS. WILLIAMS              tions for pay discrimination in the
                                               AMENDMENT NO. 3 OFFERED BY MS. OCASIO-                                    OF GEORGIA                         workplace.
                                                            CORTEZ OF NEW YORK                         Page 27, after line 16, insert the following           Unfortunately, I cannot support any
                                               On page 12, after line 15, insert the fol-            (and redesignate subsequent sections accord-           of the Democrat amendments to H.R. 7
                                            lowing:                                                  ingly):                                                because none of them addresses the nu-
                                               (a) NEGOTIATION BIAS TRAINING.—                       SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT                merous unworkable and onerous provi-
                                               (1) IN GENERAL.—The Secretary of Labor                           TASK FORCE.
                                            shall establish a program to award contracts
                                                                                                                                                            sions in the bill.
                                                                                                       (a) IN GENERAL.—There is established the
                                            and grants for the purpose of training em-               National Equal Pay Enforcement Task
                                                                                                                                                              I appreciate that Representative
                                            ployers about the role that salary negotia-              Force, consisting of representatives from the          BEYER’s amendment recognizes the
                                            tion and other inconsistent wage setting                 Equal Employment Opportunity Commis-                   very serious problems with H.R. 7 by
                                            practices can have on allowing bias to enter             sion, the Department of Justice, the Depart-           attempting to place a fig leaf on the
                                            compensation.                                            ment of Labor, and the Office of Personnel             expansive government data collection
                                               (2) TRAINING TOPICS.—Each training pro-               Management.                                            mandate in the bill. However, the
                                            gram established using funds under section                 (b) MISSION.—In order to improve compli-             Equal Employment Opportunity Com-
                                            (a) shall include an overview of how struc-              ance, public education, and enforcement of
                                                                                                                                                            mission, EEOC, is still required to im-
                                            tural issues may cause inequitable earning               equal pay laws, the National Equal Pay En-
                                            and advancement opportunities for women                  forcement Task Force will ensure that the              plement the draconian data collection
                                            and people of color and assist employers in              agencies in subsection (a) are coordinating            scheme in the underlying bill, which is
                                            examining the impact of a range of practices             efforts and limiting potential gaps in en-             still extremely misguided, expensive,
                                            on such opportunities, including—                        forcement.                                             and unnecessary.
                                               (A) self-auditing to identify structural                (c) DUTIES.—The National Equal Pay En-                 H.R. 7 requires business owners to
                                            issues that allow bias and inequity to enter             forcement Task Force shall investigate chal-           submit reams of pay data to the EEOC
                                            compensation;                                            lenges related to pay inequity pursuant to             disaggregated by job category, race,
                                               (B) recruitment of candidates to ensure di-           its mission in subsection (b), advance rec-
                                                                                                                                                            sex, and ethnicity. Moreover, the col-
                                            verse pools of applicants;                               ommendations to address those challenges,
                                               (C) salary negotiations that result in simi-          and create action plans to implement the               lection mandate also includes other
                                            larly qualified workers entering at different            recommendations.                                       employment-related data, including
                                            rates of pay;                                              The SPEAKER pro tempore. Pursu-                      hiring, termination, and promotion
                                               (D) internal equity among workers with                ant to House Resolution 303, the gen-                  data, which even the discredited 2016
                                            similar skills, effort, responsibility and               tleman from Virginia (Mr. SCOTT) and                   Obama administration pay data collec-
                                            working conditions;                                      the gentlewoman from North Carolina                    tion scheme did not include.
                                               (E) consistent use of market rates and in-            (Ms. FOXX) each will control 10 min-                     The data collection mandate in H.R.
                                            centives driven by industry competitiveness;                                                                    7 raises several concerns.
                                               (F) evaluation of the rate of employee
                                                                                                     utes.
                                                                                                       The Chair recognizes the gentleman                     First, it puts at risk volumes of high-
                                            progress and advancement to higher paid po-
                                            sitions;                                                 from Virginia.                                         ly confidential pay data involving mil-
                                               (G) work assignments that result in great-              Mr. SCOTT of Virginia. Madam                         lions of individual workers. We all
                                            er opportunity for advancement;                          Speaker, I yield myself 1 minute.                      know of the widespread data breaches
                                               (H) training, development and promotion                 Madam Speaker, these amendments                      the Federal Government has suffered.
                                            opportunities;                                           will: require the EEOC to provide for                    Second, EEOC will not be able to
                                               (I) impact of mid-level or senior level hir-          the collection of annual compensation                  manage or properly use this data. It
                                            ing in comparison to wage rates of incum-                data for employees disaggregated by                    has never been explained what exactly
                                            bent workers;                                            race, sex, and national origin; add a re-              the EEOC will do with this data.
                                               (J) opportunities to win commissions and
                                                                                                     quirement that employers post notices                  Madam Speaker, data is not the same
                                            bonuses;
                                               (K) performance reviews and raises;                   and distribute information electroni-                  as information.
                                               (L) processes for adjusting pay to address            cally informing employees of their                       Third, this mandate is overly burden-
                                            inconsistency and inequity in compensation;              rights under this act; direct the De-                  some. Under the Obama administration
                                            and                                                      partment of Labor establish a program                  scheme, the data cells required from
                                               (M) other topics that research identifies as          to award grants to employers to engage                 business owners when they file an Em-
                                            a common area for assumptions, bias and in-              in training and conduct self-audits to                 ployer Information Report, EEO–1,
                                            equity to impact compensation.                           identify and reduce bias in pay prac-                  with EEOC expanded 180 cells to 3,660.
                                               On page 12, line 16, strike ‘‘(a)’’ and insert
                                            ‘‘(b)’’.                                                 tices; direct the Secretary of Labor to                Let me say that again: from 180 cells to
                                               On page 13, line 19, strike ‘‘(b)’’ and insert        conduct a study and a research lit-                    3,660. H.R. 7’s scheme will add on hun-
                                            ‘‘(c)’’.                                                 erature review of gender wage gap in                   dreds, if not thousands, of more data
                                               On page 14, line 12, strike ‘‘(c)’’ and insert        the teenage workforce; and reestablish                 cells.
                                            ‘‘(d)’’.                                                 the National Equal Pay Equity Task                       EEOC has estimated that with the
                                             AMENDMENT NO. 5 OFFERED BY MR. TORRES OF                Force that had been set up under the                   new reams of pay data added, the col-
                                                                 NEW YORK                            Obama administration to coordinate                     lection will cost business owners more
                                              Page 16, strike line 1 and all that follows            efforts between the Department of                      than $600 million annually. I doubt
                                            through page 18, line 6, and insert the fol-             Labor, the Department of Justice, and                  that is going to help one single woman
                                            lowing:                                                                                                         in this country.
                                              (b) RESEARCH ON GENDER PAY GAP IN TEEN-                the Office of Personnel Management.
                                            AGE LABOR FORCE.—                                          These amendments will make mean-                       Although this amendment purports
                                              (1) RESEARCH REVIEW.—Not later than 12                 ingful improvements to the bill, and I                 to give EEOC more discretion to imple-
                                            months after the date of the enactment of                urge a ‘‘yes’’ vote on the en bloc                     ment the pay data collection, this data
                                            this Act, the Secretary of Labor, acting                 amendments. I reserve the balance of                   collection mandate should simply be
                                            through the Director of the Women’s Bureau,              my time.                                               removed from the bill.
                                            shall conduct a review and develop a syn-                  Ms. FOXX. Madam Speaker, I yield                       In any event, discretion cuts both
                                            thesis of research on the gender wage gap                myself such time as I may consume,                     ways, and the Democrat-controlled




ctelli on DSK11ZRN23PROD with HOUSE
                                            among younger workers existing as of the                                                                        EEOC may choose to implement a data
                                                                                                     and I rise in opposition to the en bloc
                                            date of enactment of this Act, and shall
                                            make such review and synthesis available on              amendments.                                            collection scheme even more expan-
                                            a publicly accessible website of the Depart-               Madam Speaker, in America, dis-                      sive.
                                            ment of Labor.                                           criminating in pay based on sex is ille-                 Let me be clear that the Beyer
                                              (2) AUTHORITY TO COMMISSION STUDIES.—Not               gal, as codified in the Equal Pay Act                  amendment does not improve the dra-
                                            later than 36 months after the date of the en-           and the Civil Rights Act.                              conian pay data collection mandate in



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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                               H1821
                                            the underlying bill or the other serious                  I was privileged to serve on the                     ments, and I will share a tip because I
                                            flaws in other sections of H.R. 7 we                    Science Committee and study physics                    am a former small business owner. So,
                                            have talked about today.                                as an undergraduate, and I have always                 there is this great thing called commu-
                                              Representative NEWMAN’s amend-                        been impressed with the Heisenberg un-                 nication. You can chat with one an-
                                            ment takes a longstanding reasonable                    certainty principle. It says you can’t                 other and talk about some of their
                                            requirement and makes it disruptive                     measure something without changing                     rights, so I recommend it for all that
                                            and unworkable.                                         it.                                                    ask.
                                              First, the amendment requires a                         As a longtime businessman, we al-                      Madam Speaker, I rise on behalf of
                                            workplace notice posting of a partisan                  ways wanted to be driven by data be-                   the millions of women in the workforce
                                            special-interest bill which fails to ad-                cause you can’t manage what you don’t                  that to this day are still only making
                                            dress pay discrimination in the work-                   measure.                                               82 cents on every dollar. My amazing
                                            place.                                                    Receiving equal pay should not have                  colleagues have identified lots of stats
                                              Second, under current law, covered                    to depend on an anonymous note writer                  that are very, very convincing with
                                            employers must post a notice of the                     letting you know that you are being                    strong data.
                                            equal employment opportunity rights                     underpaid. Guaranteeing that women                       I ask today that everyone consider
                                            in a conspicuous place at the work-                     and men receive equal pay for equal                    the 15 to 20 percent of the female work-
                                            place. Employees who telecommute or                     work is a principle rooted in our Na-                  force who have either paused or
                                            otherwise do not have access to the                     tion’s commitment to equality and                      stopped their careers—or ruined their
                                            physical notice must be provided an                     fairness.                                              careers, which many would say—be-
                                            electronic version. Under Representa-                     My amendment would require em-                       cause of the pandemic. It has been dev-
                                            tive NEWMAN’s amendment, the em-                        ployers to report pay data by race, na-                astating, as we all know.
                                            ployer must post electronic copies of a                 tional origin, and gender to the Equal                   The Paycheck Fairness Act builds on
                                            new notice on an internal website to                    Employment Opportunity Commission                      the Equal Pay Act and the Lilly
                                            which employees have access. This is                    and for that data to be shared with the                Ledbetter Fair Pay Act by making it
                                            unrealistic. H.R. 7 applies to millions                 Office of Federal Contract Compliance                  harder for employers to pay women
                                            of small businesses that do not have                    Programs.
                                                                                                                                                           less than men for the same work.
                                            websites, much less internal websites                     It would lengthen the timeframe for
                                                                                                                                                             When woman return to the work-
                                            for their employees.                                    inception of the pay data collection
                                                                                                                                                           force, and I pray that they do, we must
                                              In keep with the other impractical                    from 18 to 24 months, providing the
                                                                                                                                                           ensure that they are aware of their
                                            provisions in H.R. 7, the amendment                     EEOC with more time to develop and
                                            adds another onerous requirement on                     execute an effective pay data collec-                  rights    under    legislation—verbally,
                                            small businesses that will be stuck                     tion.                                                  electronically, by any means; it all
                                            with the bill.                                            I believe it is plausible, Madam                     works—which is why I have introduced
                                              Representative         OCASIO-CORTEZ’                 Speaker, to say that more than 90 per-                 an amendment that requires employers
                                            amendment would create a new pro-                       cent of paychecks are prepared by soft-                to display a poster in their workplace
                                            gram for the Department of Labor to—                    ware, either internal or external. I re-               or their employment worksite, or by
                                            I hate to say this word—‘‘train’’ em-                   member preparing paychecks by hand,                    email, or whatever they can do, so
                                            ployers regarding bias in negotiation                   but it is a very small business that                   workers clearly understand that they
                                            and other wage-setting practices. The                   does that anymore. That software will                  have rights under this act.
                                            amendment includes a non-exhaustive                     evolve overnight, probably through the                   Madam Speaker, I urge my col-
                                            list of 13 wage-setting practices on                    course of this debate, and the burden is               leagues to pass this amendment and
                                            which employers allegedly need edu-                     likely to be small.                                    this legislation so we can ensure equal
                                            cation. Employers may understandably                      The amendment also permits, but                      work means equal pay.
                                            review this list as 13 new ways for trial               doesn’t require, the use of pay bands or                 Ms. FOXX. Madam Speaker, I reserve
                                            lawyers to allege violations of the                     hours-worked data and provides the                     the balance of my time.
                                            Equal Pay Act.                                          EEOC with flexibility in what type of                                    b 1415
                                              I will compliment one aspect of Rep-                  compensation data to use. Impor-
                                            resentative OCASIO-CORTEZ’ amend-                                                                                Mr. SCOTT of Virginia. Madam
                                                                                                    tantly, it also gives the EEOC the dis-                Speaker, I yield 2 minutes to the gen-
                                            ment. It mentions compensation self-                    cretion to collect additional employ-
                                            audits. Republicans agree that self-au-                                                                        tlewoman from Georgia (Ms. WIL-
                                                                                                    ment-related data but also to consider                 LIAMS).
                                            dits can be a useful tool in combating                  employer burden, data format, and con-
                                            pay discrimination, and we urge sup-                                                                             Ms. WILLIAMS of Georgia. Madam
                                                                                                    fidentiality.                                          Speaker, I rise today in support of the
                                            port for the Republican substitute                        Pay data reporting by employers
                                            amendment which encourages employ-                                                                             Paycheck Fairness Act and my amend-
                                                                                                    promises to shine light on race and
                                            ers to conduct self-evaluations to iden-                                                                       ment to this bill.
                                                                                                    gender pay disparities, increase the
                                            tify potentially unlawful pay dif-                                                                               On average, full-time working women
                                                                                                    likelihood of employer self-analysis
                                            ferences and to take steps to rectify                                                                          need to work well into the next year to
                                                                                                    and self-correction, and identify the
                                            any unlawful pay practices. Unfortu-                                                                           catch up to the salary our male coun-
                                                                                                    areas of concern for further investiga-
                                            nately, H.R. 7 does not encourage these                                                                        terparts earned the previous year.
                                                                                                    tion by enforcement agencies.
                                            self-evaluations.                                         Reporting this data will also allow                  March 24 marked the day that women’s
                                              Representative WILLIAMS’ amend-                       the EEOC to see which employers have                   salaries, on average, caught up to the
                                            ment reestablishes the Obama-era Na-                    racial or gender pay gaps that differ                  salaries of our male counterparts in
                                            tional Equal Pay Enforcement Task                       significantly from the pay patterns                    2020. For several subgroups of women,
                                            Force. This amendment would estab-                      from other employers in their industry                 this date won’t come until later this
                                            lish another politically biased govern-                 and region.                                            year. For example, as a Black woman,
                                            ment bureaucracy that includes agen-                      I can also say, after almost 50 years                it will take until August—an addi-
                                            cies such as the EEOC and the Depart-                   of adapting to Federal regulations, al-                tional 8 months—to make the same sal-
                                            ment of Labor already tasked with en-                   most every business can find a way to                  ary of our male counterparts as they
                                            forcing laws against pay discrimina-                    profit from it.                                        did in 2020.
                                            tion and ensuring compliance with                         Ms. FOXX. Madam Speaker, I reserve                     The American people look to Con-
                                            those laws.                                             the balance of my time.                                gress to be a force for economic justice
                                              Madam Speaker, I reserve the bal-                       Mr. SCOTT of Virginia. Madam                         and create policies that are fair and
                                            ance of my time.                                        Speaker, I have two additional speak-                  just. It is simply wrong that in the 21st




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                                              Mr. SCOTT of Virginia. Madam                          ers.                                                   century women still face pay inequity.
                                            Speaker, I yield 2 minutes to the gen-                    Madam Speaker, I yield 2 minutes to                  That is why I am proud to support the
                                            tleman from Virginia (Mr. BEYER).                       the gentlewoman from Illinois (Ms.                     Paycheck Fairness Act, which will
                                              Mr. BEYER. Madam Speaker, I rise                      NEWMAN).                                               strengthen existing laws to ensure that
                                            today to urge my colleagues to support                    Ms. NEWMAN. Madam Speaker, I                         women are getting the pay that they
                                            my amendment to H.R. 7.                                 want to thank Ms. FOXX for her com-                    deserve.



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                                            H1822                                              CONGRESSIONAL RECORD — HOUSE                                                          April 15, 2021
                                               My amendment will build on this                        Pursuant to clause 8 of rule XX, fur-                   ‘‘(D) such audit is reasonable in detail and
                                            crucial legislation by reestablishing                   ther proceedings on this question are                   scope with respect to the size of the em-
                                            the Equal Pay Enforcement Task                          postponed.                                              ployer.
                                                                                                                                                              ‘‘(2) A job and wage analysis audit under
                                            Force. This task force, which pre-                           AMENDMENT NO. 4 OFFERED BY MRS. MILLER-
                                                                                                                                                            this section and remedial action taken in re-
                                            viously existed during the Obama-                                            MEEKS
                                                                                                                                                            sponse to the findings of such audit—
                                            Biden administration, will ensure Fed-                    The SPEAKER pro tempore. It is now                      ‘‘(A) may only be admissible by the em-
                                            eral agencies are working together to                   in order to consider amendment No. 4                    ployer for the purposes of showing—
                                            limit any potential gaps in enforce-                    printed in part B of House Report 117–                    ‘‘(i) such audit was conducted; and
                                            ment of equal pay laws. Putting this                    15.                                                       ‘‘(ii) such reasonable steps were taken; and
                                            task force back in place will bring us                    Mrs.     MILLER-MEEKS.        Madam                     ‘‘(B) shall not be discoverable or admis-
                                            one step closer to ensuring that women                  Speaker, I rise as the designee of Rep-                 sible for any other purpose in any claim
                                                                                                    resentative STEFANIK, and I have an                     against the employer.
                                            finally receive equal pay for equal                                                                               ‘‘(3) An employer who has not completed a
                                            work.                                                   amendment at the desk.                                  job and wage analysis audit under this sub-
                                               Madam Speaker, I urge my col-                          The SPEAKER pro tempore. The                          section shall not be subject to a negative or
                                            leagues to support this amendment and                   Clerk will designate the amendment.                     adverse inference as a result of not having
                                            the bill before us today to ensure that                   The text of the amendment is as fol-                  completed such audit.
                                            women are paid fairly.                                  lows:                                                     ‘‘(4) An employer who has completed a job
                                               Ms. FOXX. Madam Speaker, I reserve                     Strike all of the bill and insert the fol-            and wage analysis audit that does not meets
                                            the balance of my time.                                 lowing:                                                 the requirements of subparagraph (D) of
                                               Mr. SCOTT of Virginia. Madam                         SECTION 1. SHORT TITLE.                                 paragraph (1) but otherwise meets the re-
                                                                                                     This Act may be referred to as the ‘‘Wage              quirements of such paragraph shall not be
                                            Speaker, I hope we would adopt these                                                                            liable for liquidated damages under section
                                            three good amendments en bloc, and I                    Equity Act of 2021’’.
                                                                                                    SEC. 2. FINDINGS.                                       16(b).
                                            yield back the balance of my time.                                                                                ‘‘(5) In this section—
                                                                                                      (1) In 1963, Congress passed on a bipartisan
                                               Ms. FOXX. Madam Speaker, I sup-                                                                                ‘‘(A) the term ‘job and wage analysis audit’
                                                                                                    basis the Equal Pay Act of 1963 to prohibit
                                            port equal pay for equal work. I don’t                  discrimination on account of sex in the pay-            means an audit conducted by the employer
                                            know how many times Republicans                         ment of wages for equal work performed by               for the purpose of identifying wage dispari-
                                            have to say that, but we will keep say-                 employees for employers engaged in com-                 ties among employees on the basis of sex;
                                            ing it if necessary because equal pay                   merce or in the production of goods for com-            and
                                                                                                                                                              ‘‘(B) the term ‘reasonable steps’, with re-
                                            for equal work is the right thing to do,                merce.
                                                                                                                                                            spect to differentials in wages among em-
                                            but it is also required under two Fed-                    (2) Following the passage of such Act, in
                                                                                                    1964, Congress passed on a bipartisan basis             ployees that may violate section 6(d), means
                                            eral statutes, and in most cases it is                                                                          steps that are reasonable to address such dif-
                                                                                                    the Civil Rights Act of 1964. Since the pas-
                                            being adhered to.                                                                                               ferentials taking into account—
                                                                                                    sage of both the Equal Pay Act of 1963 and
                                               Congress should focus on policies                    the Civil Rights Act of 1964, women have                  ‘‘(i) the amount of time that has passed
                                            that will continue to increase eco-                     made significant strides, both in the work-             since the date on which the audit was initi-
                                            nomic opportunity and expand options                    force and in their educational pursuits.                ated;
                                            for all workers. That is what we should                   (3) Prior to the COVID–19 pandemic, there               ‘‘(ii) the nature and degree of progress re-
                                                                                                                                                            sulting from such reasonable steps toward
                                            be doing in the Education and Labor                     were over 77,000,000 women in the workforce,
                                                                                                    the most in American history. Of the                    compliance with section 6(d) compared to
                                            Committee: looking for ways to in-                                                                              the number of employees with respect to
                                            crease economic opportunity and ex-                     2,000,000 jobs created in 2019, 53 percent went
                                                                                                    to women. This follows a trend that has been            whom a violation may exist and the amount
                                            pand options for all workers.                                                                                   of the wage rate differentials among such
                                                                                                    rising for some time. Women are graduating
                                               We shouldn’t be doing away with                      from college at a higher rate than their male           employees; and
                                            pipeline jobs, we shouldn’t be raising                  counter parts, making up 61 percent of all                ‘‘(iii) the size and resources of the em-
                                            taxes, and we shouldn’t be decreasing                   college degrees conferred in 2018. Addition-            ployer.’’.
                                            options for people to work in this coun-                ally, according to a recent survey of working           SEC. 5. WAGE HISTORY; DISCUSSION OF WAGES.
                                            try; but that is what this administra-                  women, more than half are their family’s                  (a) IN GENERAL.—The Fair Labor Standards
                                            tion is doing, and that is what the                     primary breadwinner.                                    Act of 1938 (29 U.S.C. 201 et seq.) is amended
                                                                                                      (4) The COVID–19 pandemic has had a sig-              by inserting after section 7 the following new
                                            other side is doing.
                                                                                                    nificant impact on working women, resulting             section:
                                               The Democrat amendments and the
                                                                                                    in over 2 million women leaving the work-               ‘‘SEC. 8. PROVISIONS RELATING TO WAGE HIS-
                                            underlying bill fail miserably in terms                                                                                     TORY AND DISCUSSION OF WAGE.
                                                                                                    force since February 2020.
                                            of increasing options and expanding                       (5) Despite these advances there is still                ‘‘(a) REQUIREMENTS AND PROHIBITIONS RE-
                                            economic opportunity. It is pushing                     concern among the American public that                  LATING TO WAGE HISTORY.—It shall be an un-
                                            people into the bands, making every-                    gender-based wage discrimination has not                lawful practice for a person after the date of
                                            body the same and treating everybody                    been eliminated.                                        enactment of the Wage Equity Act of 2021—
                                            as though they have no individuality,                   SEC. 3. CLARIFYING SEX-BASED DISCRIMINATION               ‘‘(1) to rely on the wage history of a pro-
                                            they shouldn’t be innovative, they                                  PROHIBITION.                                spective employee—
                                                                                                       Section 6(d)(1) of the Fair Labor Standards            ‘‘(A) in considering the prospective em-
                                            shouldn’t be creative, and they
                                                                                                    Act of 1938 (29 U.S.C. 206(d)(1)) is amended by         ployee for employment, including by requir-
                                            shouldn’t strive for more. That is not                                                                          ing that the wage history of a prospective
                                                                                                    inserting ‘‘bona fide business-related’’ after
                                            the way to go.                                          ‘‘any other’’.                                          employee satisfies minimum or maximum
                                               Madam Speaker, I urge my col-                        SEC. 4. JOB AND WAGE ANALYSIS.                          criteria as a condition of being considered
                                            leagues to oppose the Democrat en bloc                    Section 16 of the Fair Labor Standards Act            for employment; or
                                            amendment and the underlying bill,                      of 1938 (29 U.S.C. 216) is amended by adding at           ‘‘(B) in determining the rate of wage for
                                            and I yield back the balance of my                      the end the following:                                  such prospective employee; or
                                            time.                                                     ‘‘(f)(1) An employer shall not be liable in             ‘‘(2) to seek, or to require a prospective
                                               The SPEAKER pro tempore. Pursu-                      an action brought against the employer for a            employee to disclose, the wage history of
                                                                                                    violation of section 6(d) if—                           such prospective employee.
                                            ant to House Resolution 303, the pre-                                                                             ‘‘(b) VOLUNTARY DISCLOSURE EXCEPTIONS.—
                                                                                                      ‘‘(A) during the period beginning on the
                                            vious question is ordered on the                        date that is 3 years before the date on which             ‘‘(1) IN GENERAL.—Subsection (a)(1) shall
                                            amendments en bloc offered by the                       the action is brought and ending on the date            not apply with respect to a prospective em-
                                            gentleman from Virginia.                                that is 1 day before the date on which the ac-          ployee who voluntarily discloses the wage
                                               The question is on the amendments                    tion is brought, such employer completes a              history of such prospective employee.
                                            en bloc.                                                job and wage analysis audit to determine                  ‘‘(2) WAGE HISTORY VERIFICATION.—Notwith-
                                               The question was taken; and the                      whether there are differentials in wage rates           standing subsection (a)(2), a person may take
                                            Speaker pro tempore announced that                      among such employees that may violate sec-              actions necessary to verify the wage history




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                                            the ayes appeared to have it.                           tion 6(d);                                              of a prospective employee if such wage his-
                                                                                                      ‘‘(B) such employer takes reasonable steps            tory is voluntarily disclosed to the person by
                                               Ms. FOXX. Madam Speaker, on that I                                                                           such prospective employee.
                                                                                                    to remedy any such differentials; and
                                            demand the yeas and nays.                                 ‘‘(C) such job and wage analysis audit is               ‘‘(c) PRIOR INQUIRIES.—Subsection (a) shall
                                               The SPEAKER pro tempore. Pursu-                      conducted and such reasonable steps are                 not apply with respect to the wage history of
                                            ant to section 3(s) of House Resolution                 taken in good faith to investigate whether              an employee acquired by an employer before
                                            8, the yeas and nays are ordered.                       any such differentials exist; and                       the date of enactment of the Wage Equity




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                                            April 15, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                              H1823
                                            Act of 2021, including a current employee’s             1938 (29 U.S.C. 216(e)(2)) is amended by strik-        MEEKS) and a Member opposed each
                                            wage history with another employer that                 ing ‘‘6 and 7’’ and inserting ‘‘6, 7, and 8’’.         will control 5 minutes.
                                            was requested and used to set an employee’s             SEC. 6. NEGOTIATION SKILLS EDUCATION.                    The Chair recognizes the gentle-
                                            starting wage before such date and which is               (a) PROGRAM AUTHORIZED.—
                                            embedded in an employee’s pay and pay in-
                                                                                                                                                           woman from Iowa.
                                                                                                      (1) IN GENERAL.—The Secretary of Labor,
                                            creases after such date.                                                                                         Mrs.     MILLER-MEEKS.         Madam
                                                                                                    after consultation with the Secretary of
                                              ‘‘(d) PROHIBITIONS RELATING TO DISCUSSION             Education, is authorized to establish and              Speaker, I yield myself such time as I
                                            OF WAGES.—Subject to subsection (c), it shall                                                                  may consume.
                                                                                                    carry out a grant program.
                                            be an unlawful practice for an employer—                  (2) GRANTS.—In carrying out the program                Madam Speaker, equal work deserves
                                              ‘‘(1) to prohibit an employee from inquir-            under paragraph (1), the Secretary of Labor            equal pay, and we owe it to women to
                                            ing about, discussing, or disclosing the wage           may make grants on a competitive basis to
                                            of—
                                                                                                                                                           constructively engage on addressing
                                                                                                    eligible entities to carry out negotiation             pay disparities in the workplace and
                                              ‘‘(A) the employee; or                                skills education programs for the purposes of
                                              ‘‘(B) any other employee of the employer if                                                                  put forward real solutions. Unfortu-
                                                                                                    addressing    wage     disparities,   including
                                            such employee has voluntarily disclosed the                                                                    nately, Democrats have put forth a bill
                                                                                                    through outreach to women and girls.
                                            wage of such employee;                                    (3) ELIGIBLE ENTITIES.—To be eligible to re-         that prioritizes lawsuits and govern-
                                              ‘‘(2) to prohibit an employee from request-           ceive a grant under this subsection, an enti-          ment regulation over women’s eco-
                                            ing from the employer an explanation of dif-            ty shall be a public agency, such as a State,          nomic empowerment and advancement.
                                            ferentials in compensation among employ-                a local government in a metropolitan statis-             H.R. 7 would require employers to
                                            ees; or                                                 tical area (as defined by the Office of Man-
                                              ‘‘(3) to take an adverse employment action                                                                   make intrusive data disclosures that
                                                                                                    agement and Budget), a State educational               would add compliance costs exceeding
                                            against an employee for—                                agency, or a local educational agency, a pri-
                                              ‘‘(A) conduct described under paragraphs                                                                     $600 million per year while posing seri-
                                                                                                    vate nonprofit organization, or a commu-
                                            (1) or (2); or                                          nity-based organization.
                                                                                                                                                           ous threats to workers’ privacy and
                                              ‘‘(B) encouraging employees to engage in                (4) APPLICATION.—To be eligible to receive           their paychecks.
                                            conduct described in such paragraphs.                   a grant under this subsection, an entity shall           On top of these onerous new require-
                                              ‘‘(e) LIMITATIONS RELATING TO DISCUSSION
                                                                                                    submit an application to the Secretary of              ments, H.R. 7 will force America’s busi-
                                            OF WAGES.—
                                                                                                    Labor at such time, in such manner, and                nesses to prepare for an onslaught of
                                              ‘‘(1) TIME AND PLACE LIMITATIONS.—An em-
                                                                                                    containing such information as the Sec-                frivolous lawsuits, which now will be
                                            ployer may impose reasonable time, place,
                                                                                                    retary of Labor may require.                           open to unlimited compensatory and
                                            and manner limitations on conduct described
                                                                                                      (5) USE OF FUNDS.—An entity that receives
                                            under subsection (c) if such limitations are                                                                   limited damages.
                                                                                                    a grant under this subsection shall use the
                                            written and available to each employee.                                                                          Forty percent of small businesses are
                                                                                                    funds made available through the grant to
                                              ‘‘(2) INVOLUNTARY DISCLOSURE.—An em-                                                                         run by women, and H.R. 7 would make
                                                                                                    carry out an effective negotiation skills edu-
                                            ployer may prohibit an employee from dis-                                                                      it harder for these women business
                                                                                                    cation program for the purposes described in
                                            cussing the wages of any other employee if
                                            such other employee did not voluntarily dis-
                                                                                                    paragraph (2).                                         owners to succeed.
                                                                                                      (b) INCORPORATING EDUCATION INTO EXIST-                This issue is too important to leave
                                            close such wages to the employee discussing
                                                                                                    ING PROGRAMS.—The Secretary of Labor and               to partisan solutions. Our amendment,
                                            such wages.
                                              ‘‘(f) PAY EXPECTATION CONVERSATION.—                  the Secretary of Education shall issue regu-           the Wage Equity Act, offers a stark
                                            Nothing in this section shall be construed to           lations or policy guidance that provides for
                                                                                                    integrating the negotiation skills education,
                                                                                                                                                           contrast to the approach laid out in
                                            prevent a person from—                                                                                         H.R. 7. We look to innovation in the
                                              ‘‘(1) inquiring about the pay expectations            to the extent practicable, into programs au-
                                                                                                    thorized under—                                        States to find bipartisan policy that is
                                            of a prospective employee; or
                                              ‘‘(2) providing information to such em-                 (1) in the case of the Secretary of Edu-             supported by both Republicans and
                                            ployee about the compensation and benefits              cation, the Elementary and Secondary Edu-              Democrats and signed by Republican
                                            offered in relation to the position.’’.                 cation Act of 1965 (20 U.S.C. 6301 et seq.), the       Governors—proof that equal pay for
                                              (b) DEFINITIONS.—Section 2 of the Fair                Carl D. Perkins Career and Technical Edu-              equal work is not a partisan issue.
                                            Labor Standards Act of 1938 (29 U.S.C. 202) is          cation Act of 2006 (20 U.S.C. 2301 et seq.), the
                                                                                                                                                             The Wage Equity Act supports the
                                            amended by adding at the end the following:             Higher Education Act of 1965 (20 U.S.C. 1001
                                                                                                    et seq.), and other programs carried out by            empowerment of women in today’s
                                              ‘‘(z) the term ‘prospective employee’ means
                                            an individual who took an affirmative step              the Department of Education that the Sec-              economy. America’s businesses—par-
                                            to seek employment with a person and who                retary of Education determines to be appro-            ticularly our small businesses—seek to
                                            is not currently employed by such person, a             priate; and                                            do right by their employees. In rec-
                                            parent, subsidiary, predecessor, or related               (2) in the case of the Secretary of Labor,           ognition of this, the Wage Equity Act
                                            company of such person, or an employer con-             the Workforce Innovation and Opportunity               creates a voluntary pay analysis sys-
                                            nected by a purchase agreement with such                Act (29 U.S.C. 3101 et seq.), and other pro-           tem to encourage the good-faith efforts
                                            person; and                                             grams carried out by the Department of
                                                                                                                                                           of employers to self-identify and cor-
                                              ‘‘(aa) the term ‘wage history’ means the              Labor that the Secretary of Labor deter-
                                                                                                    mines to be appropriate.                               rect any wage disparities, should they
                                            wages paid to the prospective employee by
                                            the prospective employee’s current employer               (c) REPORT.—Not later than 18 months                 exist, creating an environment of con-
                                            or any previous employer of such em-                    after the date of enactment of this Act, and           sistent self-reflection.
                                            ployee.’’.                                              annually thereafter, the Secretary of Labor,             We believe every American should be
                                              (c) RETALIATION.—Section 15(a)(3) of the              in consultation with the Secretary of Edu-             able to negotiate employment based
                                            Fair Labor Standards Act of 1938 (29 U.S.C.             cation, shall prepare and submit to Congress           upon their qualifications and merit for
                                            215(a)(3)) is amended—                                  a report describing the activities conducted           the position, and that a victim of wage
                                              (1) by inserting ‘‘or prospective employee’’          under this section and evaluating the effec-
                                            after ‘‘any employee’’; and                             tiveness of such activities in achieving the
                                                                                                                                                           discrimination should not have this
                                              (2) by inserting ‘‘or prospective employee’’          purposes of this section.                              discrimination follow them to their
                                            after ‘‘such employee’’.                                SEC. 7. GAO STUDY.                                     next job and compound through the
                                              (d) PENALTY.—                                           The Comptroller General shall, not later             rest of their career.
                                              (1) IN GENERAL.—Section 16(b) of the Fair             than 180 days after the date of the enactment            This is why this amendment protects
                                            Labor Standards Act of 1938 (29 U.S.C. 216(b))          of this Act, submit to Congress a study on             the employee’s right to not disclose
                                            is amended by inserting ‘‘Any person who                the causes and effects of—                             their salary history during the job
                                            violates the provisions of section 8 with re-             (1) wage disparities among men and
                                            spect to an employee or prospective em-
                                                                                                                                                           interview process unless they wish to
                                                                                                    women;                                                 do so voluntarily. At the same time, we
                                            ployee shall be liable to such employee in an             (2) with respect to employees that leave
                                            amount equal to the difference between the                                                                     cannot erode the necessary negotia-
                                                                                                    the workforce for parental reasons (com-
                                            amount that the employee or prospective                 monly referred to as the ‘‘Manager’s Gap’’),
                                                                                                                                                           tions that take place in a job inter-
                                            employee would have received but for such               the impact on wages and opportunity poten-             view.
                                            violation and the amount received by such               tial; and                                                The Wage Equity Act protects the




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                                            employee or prospective employee, and an                  (3) the disparities in negotiation skills            ability for an employee and their pro-
                                            additional equal amount as liquidated dam-              among men and women upon entering the                  spective employer to have a pay expec-
                                            ages.’’ after ‘‘tips unlawfully kept by the em-         workforce.
                                            ployer, and in an additional equal amount as                                                                   tation conversation, an important part
                                            liquidated damages.’’.                                    The SPEAKER pro tempore. Pursu-                      of any negotiation.
                                              (2) CIVIL MONETARY PENALTY.—Section                   ant to House Resolution 303, the gen-                    Our amendment protects employees’
                                            16(e)(2) of the Fair Labor Standards Act of             tlewoman from Iowa (Mrs. MILLER-                       ability to discuss compensation with



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                                            H1824                                              CONGRESSIONAL RECORD — HOUSE                                                      April 15, 2021
                                            their colleagues while giving employ-                     The Paycheck Fairness Act ensures                    tecting employees who disclose or dis-
                                            ers the ability to set reasonable limita-               all workers will get equal pay for equal               cuss that pay, it allows employers to
                                            tions on the time, location, and man-                   work, regardless of gender. It will pro-               place limitations on when, where, and
                                            ner of this activity to protect employ-                 hibit employers from paying women                      how employees may do so, negating the
                                            ees from harassment.                                    less simply because another employer                   point of the provision.
                                              Furthermore, the Wage Equity Act                      paid them less in the past. It helps to                  Madam Speaker, you cannot remedy
                                            seeks to put women on equal footing as                  oppose pay discrimination with more                    pay discrimination if you have no idea
                                            men as they start their careers with a                  speed and transparency, and allows                     that you are making less than the man
                                            grant     program     targeted   towards                women to fight pay injustices they                     across the hall. When workers fear re-
                                            women in college and career tech pro-                   may experience. The Paycheck Fair-                     taliation for talking about their pay,
                                            grams to provide negotiation skills                     ness Act fixes a systemic injustice that               any wage gap they face is likely to con-
                                            education.                                              women have suffered.                                   tinue to grow undiscovered in the shad-
                                              Lastly, our amendment directs the                       This amendment would only water                      ows.
                                            GAO to study the manager’s gap to                       down this landmark civil rights and                      More egregiously, there is no mecha-
                                            give us a clearer sense of the impact                   labor legislation. Madam Speaker, I                    nism for enforcement, as it would allow
                                            new parents leaving the workforce                       strongly encourage my colleagues to                    employers who conduct self-designed
                                            have on an employee’s future earning                    vote ‘‘no’’ to this amendment and                      pay audits to escape accountability for
                                            and opportunity potential.                              stand up for equity.                                   unlawful pay disparities and deny a
                                              These are commonsense proposals                         Mrs.      MILLER-MEEKS.         Madam                worker a remedy.
                                            that are supported by both Democrats                    Speaker, I yield 1 minute to the gentle-                 I think it bears repeating that cor-
                                            and Republicans alike. I encourage my                   woman from North Carolina (Ms.                         porations do not feel free to sell us
                                            colleagues to reject partisan Govern-                   FOXX).                                                 spoiled meat, lock our daughters up in
                                            ment overreach and to support prac-                       Ms. FOXX. Madam Speaker, I thank                     ninth-floor sweatshops with no fire es-
                                            tical, bipartisan solutions that improve                the gentlewoman for yielding.                          capes, employ our underage sons in
                                            the existing law of the land—equal pay                    Madam Speaker, I rise in support of                  coal mines, force us to work 13-hour
                                            for equal work—by voting for the                        this amendment, which was also intro-                  shifts without overtime or a break be-
                                            Stefanik amendment.                                     duced earlier this week by Representa-                 cause corporations experienced a mo-
                                              Madam Speaker, I reserve the bal-                     tive STEFANIK as a standalone bill, H.R.               ment of Zen and decided to evolve.
                                            ance of my time.                                        2491, the Wage Equity Act of 2021.                       No. They were forced into greater ac-
                                              Mr. SCOTT of Virginia. Madam                                                                                 countability and social concern by the
                                                                                                      Unlike the so-called Paycheck Fair-
                                            Speaker, I claim the time in opposition                                                                        legitimate actions of a democratic gov-
                                                                                                    ness Act, which will unfairly punish
                                            to the amendment.                                                                                              ernment. In other words, if we depend
                                              The SPEAKER pro tempore. The gen-                     businessowners and reward trial law-
                                                                                                    yers at the expense of workers, this                   on goodwill or a self-audit, then we are
                                            tleman is recognized for 5 minutes.
                                              Mr. SCOTT of Virginia. Madam                          amendment will effectively address pay                 all screwed.
                                                                                                    discrimination in the workplace and                      This amendment seeks to destroy the
                                            Speaker, I yield 2 minutes to the gen-
                                            tlewoman from Connecticut (Mrs.                         help working women by ensuring pay                     entire purpose of the bill and allows
                                            HAYES).                                                 differences among workers of the oppo-                 companies to evade accountability for
                                              Mrs. HAYES. Madam Speaker, this                       site sex are due to legitimate business-               violating the law.
                                            amendment would allow employers to                      related reasons.                                         Madam Speaker, I urge a ‘‘no’’ vote
                                            self-audit compensation disparity. Ask-                   Among other commonsense provi-                       on this amendment and a ‘‘yes’’ vote
                                            ing the same employer, who may be en-                   sions, this amendment will direct funds                for the Paycheck Fairness Act.
                                                                                                    and research towards women’s ad-                         Mrs.     MILLER-MEEKS.         Madam
                                            gaged in pay discrimination, to self-po-
                                            lice their wage practices is a blatant                  vancement in the workplace and will                    Speaker, I urge my colleagues to sup-
                                            conflict of interest.                                   also authorize a grant program to edu-                 port the amendment, and I yield back
                                              Rather than actually incentivizing                    cate women in college careers and                      the balance of my time.
                                            equal pay, as Ms. STEFANIK would                        technical programs on negotiating pay.                                   b 1430
                                            claim, this amendment gives employ-                       This amendment will also allow job                     Mr. SCOTT of Virginia. Madam
                                            ers the tool to hide evidence of pay dis-               applicants to disclose prior salary his-               Speaker, I yield myself the balance of
                                            crimination and delay any resulting                     tory voluntarily, ensuring they control                my time.
                                            lawsuit and accountability by 3 years.                  this information as they see fit.                        I would hope we would defeat the
                                            The very idea behind this provision is                    Madam Speaker, I urge my col-                        amendment. This just recreates the
                                            insidious. It presumes that employers                   leagues to support this amendment.                     loopholes that we are trying to close.
                                            should be given loopholes to avoid li-                    Mr. SCOTT of Virginia. Madam                         You have to start with the idea that
                                            ability after breaking the law. Employ-                 Speaker, I yield 2 minutes to the gen-                 there is a differential in pay. And what
                                            ers do not need a workaround to guard                   tlewoman      from    Connecticut    (Ms.              we are trying to do is—if you can ex-
                                            against these types of lawsuits. Their                  DELAURO), who is the sponsor of the                    plain this in any kind of way that is
                                            best defense is simple: do not engage in                underlying legislation.                                business-related, then they get away
                                            wage discrimination.                                      Ms. DELAURO. Madam Speaker, the                      with it.
                                              In fact, this amendment actually cre-                 gender pay gap is a pervasive problem                    The Fair Pay Act says it has to be
                                            ates another means for employers to                     that         demands          thoughtful,              bona fide and required by the job. If it
                                            discriminate on the basis of sex by pre-                multipronged solutions. The Paycheck                   is not required by the job, why do you
                                            serving a vague standard for employer                   Fairness Act represents a comprehen-                   have a differential in pay?
                                            defense when accused of wage discrimi-                  sive response to the shortcomings of                     We can do better than this, and I
                                            nation. Unlike Ms. STEFANIK’s proposed                  existing law and addresses the holes                   hope we defeat the amendment.
                                            amendment, H.R. 7 makes clear that                      that have emerged over time.                             Madam Speaker, I yield back the bal-
                                            the ‘‘any factor other than sex’’ em-                     Representative      STEFANIK’s     sub-              ance of my time.
                                            ployer defense must be bona fide, job-                  stitute, the Wage Equity Act, is ex-                     The SPEAKER pro tempore. Pursu-
                                            related, and required by business neces-                actly what the Paycheck Fairness Act                   ant to House Resolution 303, the pre-
                                            sity.                                                   has been fighting over the years. It                   vious question is ordered on the
                                              Employees must be judged by their                     purports to offer protections, but, in                 amendment offered by the gentle-
                                            education, training or experience in-                   reality, it creates loopholes that give a              woman from Iowa (Mrs. MILLER-
                                            stead of their gender. As women drop                    wink and a nod to discrimination. Not                  MEEKS).




ctelli on DSK11ZRN23PROD with HOUSE
                                            out of the workforce in historic num-                   only would it offer empty protections,                   The question was taken; and the
                                            bers due to the pressures of COVID–19,                  it would erode existing protections al-                Speaker pro tempore announced that
                                            we have a responsibility to take every                  ready in place.                                        the noes appear to have it.
                                            precaution to ensure they do not face                     The substitute includes inadequate                     Mrs.     MILLER-MEEKS.          Madam
                                            discrimination when they return to the                  protections for workers who discuss or                 Speaker, on that I demand the yeas
                                            workforce.                                              disclose wages. While ostensibly pro-                  and nays.



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                                            April 15, 2021                                       CONGRESSIONAL RECORD — HOUSE                                                                             H1825
                                               The SPEAKER pro tempore. Pursu-                        Herrell             Mast                 Scanlon                                b 1503
                                                                                                      Herrera Beutler     McBath               Schakowsky
                                            ant to section 3(s) of House Resolution                   Higgins (LA)        McCarthy             Schiff              Mr. SESSIONS changed his vote from
                                            8, the yeas and nays are ordered.                         Higgins (NY)        McCaul               Schneider        ‘‘yea’’ to ‘‘nay.’’
                                               Pursuant to clause 8 of rule XX, fur-                  Hill                McClain              Schrader
                                                                                                                                                                   Mrs. MILLER of Illinois and Mr.
                                            ther proceedings on this question are                     Himes               McClintock           Schrier
                                                                                                      Hinson              McCollum             Schweikert       MCHENRY changed their vote from
                                            postponed.                                                Hollingsworth       McEachin             Scott (VA)       ‘‘nay’’ to ‘‘yea.’’
                                               Pursuant to clause 1(c) of rule XIX,                   Horsford            McGovern             Scott, Austin       So (two-thirds being in the affirma-
                                            further consideration of H.R. 7 is post-                  Houlahan            McHenry              Scott, David
                                                                                                      Hoyer               McKinley             Sewell           tive) the rules were suspended and the
                                            poned.                                                    Hudson              McNerney             Sherman          bill, as amended, was passed.
                                                               f                                      Huffman             Meeks                Sherrill            The result of the vote was announced
                                                                                                      Huizenga            Meijer               Simpson
                                                                                                      Issa                Mfume                Sires
                                                                                                                                                                as above recorded.
                                               FRAUD AND SCAM REDUCTION                                                                                            A motion to reconsider was laid on
                                                                                                      Jackson             Miller (IL)          Slotkin
                                                               ACT                                    Jackson Lee         Miller (WV)          Smith (MO)       the table.
                                              The SPEAKER pro tempore. Pursu-                         Jacobs (CA)         Miller-Meeks         Smith (NE)          Stated for:
                                                                                                      Jacobs (NY)         Moolenaar            Smith (NJ)
                                            ant to clause 8 of rule XX, the unfin-                    Jayapal             Mooney               Smith (WA)          Mr. ESPAILLAT. Madam Speaker, I was in
                                            ished business is the vote on the mo-                     Jeffries            Moore (AL)           Smucker          a Zoom meeting with the Secretary of Trans-
                                            tion to suspend the rules and pass the                    Johnson (GA)        Moore (UT)           Soto             portation. Had I been present, I would have
                                                                                                      Johnson (LA)        Moore (WI)           Spanberger
                                            bill (H.R. 1215) to establish an office                   Johnson (OH)        Morelle              Spartz
                                                                                                                                                                voted ‘‘yea’’ on rollcall No. 104.
                                            within the Federal Trade Commission                       Johnson (SD)        Moulton              Speier              Mr. GRAVES of Louisiana. Madam Speaker,
                                            and an outside advisory group to pre-                     Johnson (TX)        Mrvan                Stanton          the back up at the useless security screening
                                            vent fraud targeting seniors and to di-                   Jones               Mullin               Stauber          onto the House floor was backed up pre-
                                                                                                      Jordan              Murphy (FL)          Steel
                                            rect the Commission to include addi-                      Joyce (OH)          Murphy (NC)          Stefanik         venting me from making the vote. Had I been
                                            tional information in an annual report                    Joyce (PA)          Nadler               Steil            present, I would have voted ‘‘yea’’ on rollcall
                                            to Congress on fraud targeting seniors,                   Kaptur              Napolitano           Steube           No. 104.
                                                                                                      Katko               Neal                 Stevens
                                            and for other purposes, as amended, on                    Keating             Neguse               Stewart
                                                                                                                                                                   Mr. NEWHOUSE. Madam Speaker, had I
                                            which the yeas and nays were ordered.                     Keller              Nehls                Stivers          been present, I would have voted ‘‘yea’’ on
                                              The Clerk read the title of the bill.                   Kelly (IL)          Newman               Strickland       rollcall No. 104.
                                              The SPEAKER pro tempore. The                            Kelly (MS)          Norcross             Suozzi              Ms. BUSH. Madam Speaker, unfortunately,
                                                                                                      Kelly (PA)          Nunes                Swalwell
                                            question is on the motion offered by                      Khanna              O’Halleran           Taylor           I missed today’s vote on the Fraud and Scam
                                            the gentleman from New Jersey (Mr.                        Kildee              Obernolte            Tenney           Reduction Act, as amended.
                                            PALLONE) that the House suspend the                       Kilmer              Ocasio-Cortez        Thompson (CA)       Had I been present, I would have voted
                                                                                                      Kim (CA)            Omar                 Thompson (MS)
                                            rules and pass the bill, as amended.                      Kim (NJ)            Owens                Thompson (PA)
                                                                                                                                                                ‘‘yea’’ on rollcall No. 104.
                                              The vote was taken by electronic de-                    Kind                Palazzo              Tiffany                MEMBERS RECORDED PURSUANT TO HOUSE
                                            vice, and there were—yeas 396, nays 13,                   Kinzinger           Pallone              Timmons                    RESOLUTION 8, 117TH CONGRESS
                                            not voting 20, as follows:                                Kirkpatrick         Palmer               Titus
                                                                                                                                                                Allred (Wexton)     Lieu (Beyer)      Rush
                                                                                                      Krishnamoorthi      Panetta              Tlaib
                                                                [Roll No. 104]                                                                                  Babin (Fallon)      Lowenthal           (Underwood)
                                                                                                      Kuster              Pappas               Tonko
                                                                                                                                                                Cárdenas             (Beyer)         Sewell (DelBene)
                                                                 YEAS—396                             Kustoff             Pascrell             Torres (CA)
                                                                                                                                                                  (Gonzalez,        Mfume (Raskin)    Slotkin
                                                                                                      LaHood              Payne                Torres (NY)
                                            Adams               Case               Escobar                                                                        Vicente)          Moore (WI)          (Stevens)
                                                                                                      LaMalfa             Pence                Trahan
                                            Aderholt            Casten             Eshoo                                                                        Crenshaw              (Beyer)         Stefanik
                                                                                                      Lamb                Perlmutter           Trone
                                            Aguilar             Castor (FL)        Estes                                                                          (Fallon)          Moulton             (Tenney)
                                                                                                      Lamborn             Perry                Turner
                                            Allen               Castro (TX)        Evans                                                                        Greene (GA)           (Underwood)     Steube
                                                                                                      Langevin            Peters               Underwood
                                            Allred              Chabot             Fallon                                                                         (Gosar)                               (Timmons)
                                                                                                      Larsen (WA)         Pfluger              Upton                                Napolitano
                                            Amodei              Cheney             Feenstra                                                                     Grijalva (Garcı́a                     Trahan (Lynch)
                                                                                                      Larson (CT)         Phillips             Valadao                                (Correa)
                                            Arrington           Cicilline          Ferguson                                                                       (IL))                               Wasserman
                                                                                                      Latta               Pingree              Van Drew                             Neal (Lynch)
                                            Auchincloss         Clark (MA)         Fischbach                                                                    Jayapal (Raskin)                        Schultz (Soto)
                                                                                                      LaTurner            Pocan                Van Duyne                            Nehls (Fallon)
                                            Axne                Clarke (NY)        Fitzgerald                                                                   Johnson (TX)                          Watson Coleman
                                                                                                      Lawrence            Porter               Vargas                               Norcross
                                            Babin               Cleaver            Fitzpatrick                                                                    (Jeffries)                            (Pallone)
                                                                                                      Lawson (FL)         Posey                Veasey                                 (Pallone)
                                            Bacon               Cline              Fleischmann                                                                  Keating (Clark                        Wilson (FL)
                                                                                                      Lee (CA)            Pressley             Vela                                 Omar (Pressley)
                                            Baird               Cloud              Fletcher                                                                       (MA))                                 (Hayes)
                                                                                                      Lee (NV)            Price (NC)           Velázquez                           Payne (Pallone)
                                            Balderson           Clyburn            Fortenberry                                                                  Lawson (FL)                           Wilson (SC)
                                                                                                      Leger Fernandez     Quigley              Wagner
                                            Banks               Clyde              Foster                                                                         (Evans)           Porter (Wexton)     (Timmons)
                                                                                                      Lesko               Raskin               Walberg
                                            Barr                Cohen              Foxx               Letlow              Reed                 Walorski
                                            Barragán           Cole               Frankel, Lois      Levin (CA)          Reschenthaler        Waltz                                f
                                            Bass                Comer              Franklin, C.       Levin (MI)          Rice (NY)            Wasserman
                                            Beatty              Connolly             Scott            Lieu                Rice (SC)              Schultz        NICHOLAS AND ZACHARY BURT
                                            Bentz               Cooper             Fulcher            Lofgren             Rodgers (WA)         Watson Coleman
                                            Bera                Correa             Gallagher
                                                                                                                                                                  MEMORIAL CARBON MONOXIDE
                                                                                                      Long                Rogers (AL)          Weber (TX)
                                            Bergman             Costa              Gallego            Loudermilk          Rose                 Webster (FL)
                                                                                                                                                                  POISONING PREVENTION ACT OF
                                            Beyer               Courtney           Garamendi          Lowenthal           Rosendale            Welch              2021
                                            Bice (OK)           Craig              Garbarino          Lucas               Ross                 Wenstrup
                                            Bilirakis           Crawford           Garcia (CA)        Luetkemeyer         Rouzer               Westerman
                                                                                                                                                                  The SPEAKER pro tempore. Pursu-
                                            Bishop (GA)         Crenshaw           Garcı́a (IL)       Luria               Roybal-Allard        Wexton           ant to clause 8 of rule XX, the unfin-
                                            Blumenauer          Crist              Garcia (TX)        Lynch               Ruiz                 Wild             ished business is the vote on the mo-
                                            Blunt Rochester     Crow               Gibbs              Mace                Ruppersberger        Williams (GA)
                                            Bonamici            Cuellar            Gimenez                                                                      tion to suspend the rules and pass the
                                                                                                      Malinowski          Rush                 Williams (TX)
                                            Bost                Davids (KS)        Gomez              Malliotakis         Rutherford           Wilson (FL)      bill (H.R. 1460) to encourage States to
                                            Bourdeaux           Davidson           Gonzales, Tony     Maloney,            Ryan                 Wilson (SC)      require the installation of residential
                                            Bowman              Davis, Danny K.    Gonzalez (OH)        Carolyn B.        Salazar              Wittman
                                            Boyle, Brendan      Davis, Rodney      Gonzalez,
                                                                                                                                                                carbon monoxide detectors in homes,
                                                                                                      Maloney, Sean       Sánchez             Womack
                                              F.                Dean                 Vicente          Mann                Sarbanes             Yarmuth
                                                                                                                                                                and for other purposes, on which the
                                            Brown               DeFazio            Gooden (TX)        Manning             Scalise              Zeldin           yeas and nays were ordered.
                                            Brownley            DeGette            Gottheimer                                                                     The Clerk read the title of the bill.
                                            Buchanan            DeLauro            Granger                                  NAYS—13
                                            Bucshon             DelBene            Graves (MO)                                                                    The SPEAKER pro tempore. The
                                            Budd                Delgado            Green (TN)         Biggs               Good (VA)            Norman           question is on the motion offered by
                                            Burchett            Demings            Green, Al (TX)     Brooks              Gosar                Roy
                                                                                                      Buck                Greene (GA)          Sessions
                                                                                                                                                                the gentleman from New Jersey (Mr.
                                            Burgess             DeSaulnier         Griffith
                                            Bustos              DesJarlais         Grijalva           Gaetz               Hice (GA)                             PALLONE) that the House suspend the
                                            Butterfield         Deutch             Grothman           Gohmert             Massie                                rules and pass the bill.
                                            Calvert             Diaz-Balart        Guest
                                                                                                                        NOT VOTING—20                             The vote was taken by electronic de-




ctelli on DSK11ZRN23PROD with HOUSE
                                            Cammack             Dingell            Guthrie                                                                      vice, and there were—yeas 362, nays 49,
                                            Carbajal            Doggett            Hagedorn           Armstrong           Curtis               Meuser
                                            Cárdenas           Donalds            Harder (CA)        Bishop (NC)         Espaillat            Newhouse         not voting 18, as follows:
                                            Carl                Doyle, Michael     Harris             Boebert             Golden               Rogers (KY)                          [Roll No. 105]
                                            Carson                F.               Harshbarger        Brady               Graves (LA)          Takano
                                            Carter (GA)         Duncan             Hartzler           Bush                Kahele
                                                                                                                                                                                     YEAS—362
                                                                                                                                               Waters
                                            Carter (TX)         Dunn               Hayes              Cawthorn            Matsui               Young            Aguilar             Amodei            Auchincloss
                                            Cartwright          Emmer              Hern               Chu                 Meng                                  Allred              Armstrong         Axne




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