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H.R. 5—Equality Act

H.R. 5 - Equality Act

Bill Text

Rules Committee Print 116-13 PDF XML

Showing the text of the bill as ordered reported by the Committee on the Judiciary.

Text of H.R. 5PDFXML

(as reported)

H. Rept. 116-56, Part 1PDF

Report from the Committee on the Judiciary

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 9-4 on Tuesday, May 14, 2019.

FLOOR ACTION ON H. RES. 377:
Agreed to by record vote of 229-188, after agreeing to the previous question by record vote of 228-189, on Wednesday, May 15, 2019.

MANAGERS: Scanlon/Cole

1. Closed rule for H.R. 5.

2. Provides 90 minutes of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.

5. Waives all points of order against provisions in the bill, as amended.

6. Provides one motion to recommit with or without instructions.

7. Closed rule for H.R. 312.

8. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources.

9. Waives all points of order against consideration of the bill.

10. Provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.

11. Waives all points of order against provisions in the bill, as amended.

12. Provides one motion to recommit with or without instructions.

13. Structured rule for H.R. 987.

14. Provides 90 minutes of general debate with 60 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.

15. Waives all points of order against consideration of the bill.

16. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-14 shall be considered as adopted and the bill, as amended, shall be considered as read.

17. Waives all points of order against provisions in the bill, as amended.

18. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

19. Waives all points of order against the amendments printed in the report.

20. Provides one motion to recommit with or without instructions.

Amendments (click each header to sort table by that column)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Norton (DC)DemocratWithdrawn Prohibits exclusion from jury service in the Superior Court of the District of Columbia based on sexual orientation or gender identity.Withdrawn
2Version 1Cloud (TX)RepublicanStates that nothing in this Act shall be construed to prevent a medical or mental health professional from exercising their conscience and medical judgment when treating a patient.Submitted
3Version 1Steube (FL)RepublicanBans recipients of Federal funds from permitting biological males from competing with biological women or girls.Submitted
4Version 1Greene (GA)RepublicanRemoves the entire text of Equality Act and inserts the "Protection of Women and Girls in Sports Act," which would clarify that it is a violation of Title IX to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls. Sex is determined solely on a person's reproductive biology and genetics at birth.Submitted
5Version 1Greene (GA)RepublicanStrikes the provision that removes challenges and claims under the Religious Freedom Restoration Act (RFRA) of 1993.Submitted
6Version 1Greene (GA)RepublicanExempts non-profits under Section 501(c)(3) from the Equality Act.Submitted
7Version 1Foxx (NC), Budd (NC), Miller-Meeks (IA)RepublicanClarifies that the term “shall not receive less favorable treatment” with respect to pregnancy, childbirth, or related medical conditions shall not be construed as creating a right to demand that any individual or entity be forced to perform, refer, pay for, or otherwise participate in an abortion, or to require an individual or entity to provide or sponsor a health insurance plan that includes abortion.Submitted
8Version 1Hartzler (MO)RepublicanAmends H.R. 5 to enforce that nothing in the act may be construed to limit the fundamental right of parents to direct the upbringing and education of their children.Submitted
9Version 1Green, Mark (TN)RepublicanAmends H.R. 5 to ensure that nothing in the Act may be construed to preclude or reduce the award of any grant to an entity that provides housing, meals, counseling, healthcare or any other emergency or crisis services based on the grantee’s provision of these services exclusively to women based on sex at birth, nor shall such sex-based accommodation provide grounds for legal action.Submitted
10Version 1Green, Mark (TN)RepublicanAmends H.R. 5 to protect medical professionals and institutions from being forced to perform or assist in medical procedures (including gender reassignment procedures, abortion, and sterilization) if doing so would be contrary to the individual or institution's conscience.Submitted
11Version 1Lamborn (CO)RepublicanProtects entities wishing to designate a private single-space, including a restroom and a locker room, for use by one biological sex only.Submitted
12Version 1Lamborn (CO)RepublicanPrevents a person whose biological sex at birth is male to participate in an athletic program or activity that is designated for women or girls.Submitted
13Version 1Curtis (UT), Owens (UT)RepublicanEnsures that the amendments made by this Act shall not apply to a religious corporation, association, educational institution, or society.Submitted

Committee Votes

Rules Committee Record Vote No. 72

Motion by Mr. Cole to report an open rule for H.R. 5. Defeated: 4–9

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea

Rules Committee Record Vote No. 74

Motion by Mr. Woodall to amend the rule to H.R. 5 to make in order and provide the appropriate waivers to amendment #27, offered by Rep. McAdams (UT), which reaffirms that the public accommodations provisions of this Act do not apply to religious houses of worship, consistent with current law and practice. Defeated: 4–9

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea

Rules Committee Record Vote No. 77

Motion by Mr. Burgess to amend the rule to H.R. 5 to make in order and provide the appropriate waivers to amendment #34, offered by Rep. Hartzler (MO), which states that nothing in this bill shall require medical and mental health providers to prescribe puberty blockers, recommend social transitioning, or prescribe cross-sex hormones as a treatment for gender dysphoria. Defeated: 4–9

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea

Rules Committee Record Vote No. 78

Motion by Mr. Burgess to amend the rule to H.R. 5 to make in order and provide the appropriate waivers to amendment #1, offered by Rep. Norton (DC), which clarifies that D.C. residents may not be excluded or disqualified from jury service in the D.C. Superior Court based on sexual orientation or gender identity. Defeated: 4–9

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea

Rules Committee Record Vote No. 81

Motion by Mrs. Lesko to amend the rule to H.R. 5 to make in order and provide the appropriate waivers to the following amendments: amendment #10, offered by Rep. Lesko (AZ), which states that nothing in this Act or any amendment made by this Act may be construed to grant or secure any right relating to abortion or the provision or funding thereof; amendment #11, offered by Rep. Lesko (AZ), which ensures parents' custody of their child is not threatened by them simply questioning their child’s gender identity decisions and changes; amendment #12, offered by Rep. Lesko (AZ), which clarifies that nothing in this bill can require a place of public accommodation to be required to convert any space separated on the basis of sex to a separation on the basis of gender identity; and amendment #22, offered by Rep. Lesko (AZ), which changes the bill's title to the "Forfeiting Women's Rights Act". Defeated: 4–9

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
Yea

Rules Committee Record Vote No. 83

Motion by Ms. Scanlon to report the rule. Adopted: 9-4

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Yea
Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
Yea
Ms. Scanlon
Yea
Mr. Morelle
Yea
Ms. Shalala
Yea
Mr. DeSaulnier
Yea
Mr. McGovern, Chair
Yea
Mr. Cole
Nay
Mr. Woodall
Nay
Mr. Burgess
Nay
Mrs. Lesko
Nay