[House Report 116-502]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-502
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2574) TO AMEND TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964 TO RESTORE THE RIGHT TO INDIVIDUAL
CIVIL ACTIONS IN CASES INVOLVING DISPARATE IMPACT, AND FOR OTHER
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2639) TO
ESTABLISH THE STRENGTH IN DIVERSITY PROGRAM, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2694) TO ELIMINATE
DISCRIMINATION AND PROMOTE WOMEN'S HEALTH AND ECONOMIC SECURITY BY
ENSURING REASONABLE WORKPLACE ACCOMMODATIONS FOR WORKERS WHOSE ABILITY
TO PERFORM THE FUNCTIONS OF A JOB ARE LIMITED BY PREGNANCY, CHILDBIRTH,
OR A RELATED MEDICAL CONDITION; PROVIDING FOR CONSIDERATION OF THE
RESOLUTION (H. RES. 908) CONDEMNING ALL FORMS OF ANTI-ASIAN SENTIMENT
AS RELATED TO COVID-19; AND FOR OTHER PURPOSES
_______
September 14, 2020.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Scanlon, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1107]
The Committee on Rules, having had under consideration
House Resolution 1107, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2574, the
Equity and Inclusion Enforcement Act, under a closed rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Education and Labor. The resolution waives all
points of order against consideration of the bill. The
resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill, modified by the amendment printed in
part A of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides one motion to recommit with or
without instructions. The resolution provides for consideration
of H.R. 2369, the Strength in Diversity Act of 2020, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Education and Labor. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 116-62 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. Section 3 of the resolution provides that following
debate, each further amendment printed in part B of this report
not earlier considered as part of amendments en bloc pursuant
to section 4 shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, may be withdrawn by the
proponent at any time before the question is put thereon, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. Section 4 of the
resolution provides that at any time after debate the chair of
the Committee on Education and Labor or his designee may offer
amendments en bloc consisting of further amendments printed in
part B of this report not earlier disposed of. Amendments en
bloc shall be considered as read, shall be debatable for 20
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Education and Labor or
their designees, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. The
resolution waives all points of order against the amendments
printed in part B of this report and amendments en bloc
described in section 4. The resolution provides one motion to
recommit with or without instructions. The resolution further
provides for consideration of H.R. 2694, the Pregnant Workers
Fairness Act, under a closed rule. The resolution provides one
hour of general debate equally divided and controlled by the
chair and ranking minority member of the Committee on Education
and Labor. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
amendment in the nature of a substitute recommended by the
Committee on Education and Labor now printed in the bill shall
be considered as adopted and the bill, as amended, shall be
considered as read. The resolution waives all points of order
against provisions in the bill, as amended. The resolution
provides for one motion to recommit with or without
instructions. The resolution provides for consideration of H.
Res. 908, Condemning all forms of anti-Asian sentiment as
related to COVID-19, under a closed rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on the Judiciary. The resolution waives all points of
order against consideration of the resolution. The resolution
provides that H. Res. 908 shall be considered as read. The
resolution amends H. Res. 967, agreed to May 15, 2020 (as
amended by House Resolution 1053, agreed to July 20, 2020): (1)
in section 4, by striking ``September 21, 2020'' and inserting
``November 20, 2020''; (2) in section 11, by striking
``calendar day of September 20, 2020'' and inserting
``legislative day of November 20, 2020''; and (3) in section
12, by striking ``September 21, 2020'' and inserting ``November
20, 2020''.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 2574 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Although the resolution waives all points of order against
provisions in H.R. 2574, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
consideration of H.R. 2639, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 2639, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report or against
amendments en bloc described in Section 4 of the resolution,
the Committee is not aware of any points of order. The waiver
is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 2694 includes a waiver of clause 3(d)(1) of rule XIII,
which requires the inclusion of committee cost estimate in a
committee report. A CBO cost estimate on H.R. 2694 was not
available at the time the Committee on Education and Labor
filed its report.
Although the resolution waives all points of order against
provisions in H.R. 2694, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
consideration of H. Res. 908, the Committee is not aware of any
points of order against consideration of the resolution. The
waiver of all points of order against consideration of the
resolution is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 346
Motion by Mr. Cole to provide an open rule for H.R. 2639,
H.R. 2694, and H.R. 2574. Defeated: 3-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... ............
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 347
Motion by Ms. Scanlon to report the rule. Adopted: 7-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... ............
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Ms. Matsui...................................... ............
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 2574 IN PART A CONSIDERED AS ADOPTED
1. Scott, Bobby (VA): Clarifies the role of the Special
Assistant position at the Department of Education created in
the bill.
SUMMARY OF THE AMENDMENTS TO H.R. 2639 IN PART B MADE IN ORDER
1. Torres, Norma (CA), Moulton (MA): Adds new criteria for
evaluating grant applications, factoring in the impact of the
likelihood the grant will lead to a meaningful reduction in
racial and economic isolation for children in schools. The
amendment also prioritizes entities that coordinate with local
housing agencies to integrate schools that serve a
disproportionately low number of low-income students. (10
minutes)
2. Allen (GA): Provides school districts flexibility with
their funds under the Student Support and Academic Enrichment
Grants to carry out integration activities. (10 minutes)
3. Brown (MD): Allows eligible entities to use grant funds
to recruit, hire, and train school counselors. (10 minutes)
4. Brown (MD): Includes, in the annual report, a
description of how eligible entities will continue to make
improvements toward increasing diversity and decreasing racial
or socioeconomic isolation in covered schools and sustain
inclusion. (10 minutes)
5. Cooper (TN), Lee, Barbara (CA): Gives school districts
that had previously submitted an application under the Obama-
era program before it was terminated priority to reapply to
this new program. (10 minutes)
6. Dean (PA): Ensures that State Education Agencies have
procedures in place to assess and prevent the redrawing of
school district lines in a manner that increases racial or
socioeconomic isolation. (10 minutes)
7. Escobar (TX): Modifies the application section to
require information on how eligible entities propose to use
grant funds to support interventions to increase student
diversity. Additionally, in the case of the consortium
agencies, an eligible entity will be required to establish the
lead applicant and how grant funds will be divided among school
districts to address racial and socioeconomic segregation in
schools. (10 minutes)
8. Green, Al (TX): Recommends replacing entrance exams and
competitive application procedures with other methods to
promote racial and socioeconomic diversity. (10 minutes)
9. Moulton (MA): Expands the allowable uses of
implementation grants to include creating or improving a one-
stop enrollment process for students with multiple public
school options, including making school information and data
more accessible and easier to understand. (10 minutes)
10. Moulton (MA): Adds access to mental health resources
and social-emotional learning as a performance measure for the
grant program. Students attending racially isolated, high-
poverty schools have less access to resources, and school
integration will help foster equitable access to resources. (10
minutes)
11. Mucarsel-Powell (FL): Ensures that planning grants to
address racial and socioeconomic isolation in schools can be
used to increase teacher diversity. (10 minutes)
12. Tlaib (MI): Includes a requirement that an eligible
entity that receives a grant must include in its annual report
information on the progress of regional programs on reducing
racial and socioeconomic isolation in covered schools. (10
minutes)
PART A--TEXT OF AMENDMENT TO H.R. 2574 CONSIDERED AS ADOPTED
Page 4, line 22, strike ``evaluate equity and inclusion
programs'' and insert ``evaluate efforts to engender program
compliance with title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and inform individuals of their rights
under such Act''.
Page 4, line 24, insert ``, in a manner consistent with such
Act'' after ``activities''.
Page 5, beginning on line 1, strike ``all matters relating to
equity and inclusion in a manner consistent'' and insert
``matters relating to compliance''.
----------
PART B--TEXT OF AMENDMENTS TO H.R. 2639 MADE IN ORDER
1. An Amendment To Be Offered by Representative Torres of California or
Her Designee, Debatable for 10 Minutes
Page 3, line 2, strike ``and'' at the end.
Page 3, line 7, strike the period at the end and insert ``;
and''.
Page 3, after line 7, insert the following:
(C) the likelihood that the grant will lead
to a meaningful reduction in racial and
economic isolation for children in covered
schools.
Page 3, after line 19, insert the following:
(C) Third, to an eligible entity that
demonstrates meaningful coordination with local
housing agencies to increase access to schools
that have a disproportionately low number of
low-income students.
2. An Amendment To Be Offered by Representative Allen of Georgia or His
Designee, Debatable for 10 Minutes
Strike section 1 and all that follows through the end of the
bill and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strength in Diversity Act of
2020''.
SEC. 2. PURPOSE.
The purpose of this Act is to support the development,
implementation, and evaluation of comprehensive strategies to
address the effects of racial isolation or concentrated poverty
by increasing diversity, including racial diversity and
socioeconomic diversity, in covered schools.
SEC. 3. ACTIVITIES TO IMPROVE DIVERSITY AND REDUCE OR ELIMINATE RACIAL
OR SOCIOECONOMIC ISOLATION.
(a) Local Uses of Funds.--A local educational agency, or
consortium of such agencies, that receives an allocation under
section 4105(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7115(a)) for a fiscal year may use such
funds to develop or implement comprehensive strategies to
improve diversity and reduce or eliminate racial or
socioeconomic isolation in covered schools.
(b) Local Educational Agency Applications.--A local
educational agency, or consortium of such agencies, that
intends to use an allocation under section 4105(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7115(a)) for the purposes described in subsection (a) shall
include in the application such local educational agency or
consortium submits under section 4106 of such Act (20 U.S.C.
7116) a description of--
(1) the comprehensive strategies to be carried out
under subsection (a);
(2) the robust parent, student, teacher, school
leader, and community engagement that has been
conducted, or will be conducted, in the planning and
implementation of such comprehensive strategies, such
as through--
(A) consultation with appropriate officials
of Indian Tribes or Tribal organizations
approved by the Tribes located in the area
served by such agency or consortium;
(B) consultation with other community
entities, which may include local housing or
transportation authorities;
(C) public hearings or other open forums to
inform the development of such comprehensive
strategies; and
(D) outreach to parents and students, in a
language that parents and students can
understand, and consultation with students and
families within such agency or consortium that
is designed to ensure participation in the
planning and development of such comprehensive
strategies; and
(3) how such projects or activities will comply with
Federal law.
(c) Special Rules.--
(1) Assurances.--A local educational agency, or
consortium of such agencies, that intends to use an
allocation under section 4105(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7115(a)) for
the purposes described in subsection (a) shall be
required to provide only one of the assurances
described in subparagraphs (C), (D), and (E) of section
4106(e)(2) of such Act (20 U.S.C. 7116(e)(2)).
(2) Transportation.--Notwithstanding section 426 of
the General Education Provisions Act (20 U.S.C. 1228),
activities carried out to meet the purposes of
subsection (a) may include transportation if such
transportation--
(A) is sustainable after the allocation
received under section 4105(a) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7115(a)) expires; and
(B) does not represent a significant portion
of such allocation.
(d) Definitions.--In this Act:
(1) Covered school.--The term ``covered school''
means--
(A) a publicly-funded early childhood
education program;
(B) a public elementary school; or
(C) a public secondary school.
(2) ESEA terms.--The terms ``elementary school'',
``local educational agency'', ``school leader'', and
``secondary school'' have the meanings given those
terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) Publicly-funded early childhood education
program.--The term ``publicly-funded early childhood
education program'' means an early childhood education
program (as defined in section 103(8) of the Higher
Education Act of 1965 (20 U.S.C. 1003(8)) that receives
State or Federal funds.
----------
3. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 10, line 11, insert ``school counselors,'' after
``administrators,''.
----------
4. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 12, line 17, strike ``and'' at the end.
Page 12, line 18, strike the period at the end and insert ``;
and''.
Page 12, after line 18, insert the following:
(4) a description of how the eligible entity will
continue to make improvements toward increasing
diversity and decreasing racial or socioeconomic
isolation in covered schools and sustaining inclusion.
----------
5. An Amendment To Be Offered by Representative Cooper of Tennessee or
His Designee, Debatable for 10 Minutes
Page 3, line 11, strike ``(A) First'' and insert ``(B)
Second''.
Page 3, after line 10, insert the following:
(A) First, to an eligible entity that
submitted an application for a grant under the
Opening Doors, Expanding Opportunities program
described in the notice published by the
Department of Education in the Federal Register
on December 14, 2016 (81 Fed. Reg. 90343 et
seq.).
Page 3, line 15, strike ``(B) Second'' and insert ``(C)
Third''.
----------
6. An Amendment To Be Offered by Representative Dean of Pennsylvania or
Her Designee, Debatable for 10 Minutes
Page 1, line 10, insert ``and state'' after ``national''.
Page 1, line 11, strike ``The Secretary'' and insert the
following:
(a) National Activities.--The Secretary
Page 2, after line 3, insert the following:
(b) State Activities.--The Secretary may reserve not more
than 10 percent of the amounts made available under section 10
for a fiscal year for planning grants and implementation grants
made to State educational agencies under section 4.
Page 7, line 9, strike ``and'' at the end.
Page 7, line 20, strike the period at the end and insert ``;
and''.
Page 7, after line 20, insert the following:
(11) in the case of an application by a State
education agency, a demonstration that the agency has
procedures in place--
(A) to assess and prevent the redrawing of
school district lines in a manner that
increases racial or socioeconomic isolation;
(B) to assess the segregation impacts of new
school construction proposals and to prioritize
school construction funding that will
foreseeably increase racial and economic
integration; and
(C) to include progress toward reduction of
racial and economic isolation as a factor in
its State plan under section 1111 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311).
Page 13, line 14, insert ``a State educational agency,''
after ``means''.
Page 13, beginning on line 23, strike ``and `Secretary''' and
insert ```Secretary', and `State educational agency'''.
----------
7. An Amendment To Be Offered by Representative Escobar of Texas or Her
Designee, Debatable for 10 Minutes
Page 4, line 19, after ``diversity'' insert ``for students''.
Page 7, line 9, strike ``and'' at the end.
Page 7, line 20, strike the period at the end and insert ``;
and''.
Page 7, after line 20, insert the following:
(11) in the case of an application by a consortium of
local educational agencies, a specification of which
agency is the lead applicant, and how the grant funds
will be divided among the school districts served by
such consortium.
----------
8. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
Page 9, after line 7, insert the following:
(8) If applicable, developing an implementation plan
to replace entrance exams or other competitive
application procedures with methods of student
assignment to promote racial and socioeconomic
diversity.
----------
9. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 11, after line 7, insert the following:
(F) Creating or improving systems and
partnerships to create a one-stop enrollment
process for students with multiple public
school options, including making school
information and data more accessible and easy
to understand, in order to ensure access to low
poverty or high-performing schools for low-
income children and to promote racial and
socioeconomic diversity.
----------
10. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 12, line 3, strike ``(E)'' and insert ``(F)''.
Page 12, after line 2, insert the following:
(E) improving access to mental health and
social-emotional learning;
Page 12, line 4, strike ``(F)'' and insert ``(G)''.
----------
11. An Amendment To Be Offered by Representative Mucarsel-Powell of
Florida or Her Designee, Debatable for 10 Minutes
Page 8, line 6, strike ``and'' at the end.
Page 8, line 10, strike the period at the end and insert ``;
and''.
Page 8, after line 10, insert the following:
(C) teacher diversity in covered schools, and
plans for expanding teacher diversity.
----------
12. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 12, line 17, strike ``and''.
Page 12, line 18, strike the period at the end and insert ``;
and''.
Page 12, after line 18, insert the following:
(4) information on the progress of regional programs
on reducing racial and socioeconomic isolation in
covered schools, if applicable.
[all]