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H.R. 4445—Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

H.R. 4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Bill Text

Rules Committee Print 117-29 PDF XML

Showing the text of H.R. 4445, as ordered reported by the Committee on the Judiciary, with modifications.

Text of H.R. 4445PDFXML

(as reported)

H. Rept. 117-234 PDF

Report from the Committee on the Judiciary to accompany H.R. 4445

Comparative Print PDF

Showing the differences between H.R. 4445, as reported by the Committee on the Judiciary, and Rules Committee Print 117-29.

Hearing Documents

Rule PDF

H. Res. 900PDFXML

H. Rept. 117-241PDF

Amendment to H. Res. 900 PDF

(adopted by unanimous consent by the House on February 2, 2022)

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-4 on Tuesday, February 1, 2022.

FLOOR ACTION ON H. RES. 900:
Agreed to by record vote of 219-203, after agreeing to the previous question by record vote of 219-205, on February 2, 2022.

MANAGERS: Ross/Fischbach

1. Structured rule for H.R. 3485.
2. Provides one hour of general debate on the bill equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs or their respective designees.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-30 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 that following debate, each further amendment printed in part A of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered 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debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the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.
7. Section 3 provides that at any time after debate the chair of the Committee on Foreign Affairs or his designee may offer amendments en bloc consisting of further amendments printed in part A of the Rules Committee 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 Foreign Affairs or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Waives all points of order against the amendments printed in part A of the report and amendments en bloc described in section 3 of the resolution.
9. Provides one motion to recommit.
10. Structured rule for H.R. 4445.
11. Provides one hour of general debate on the bill equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
12. Waives all points of order against consideration of the bill.
13. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-29 shall be considered as adopted and the bill, as amended, shall be considered as read.
14. Waives all points of order against provisions in the bill, as amended.
15. Makes in order the further amendment printed in Part B of the report, if offered by the member designated in the report, which 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, and shall not be subject to a demand for division of the question.
16. Waives all points of order against the amendment printed in part B of the report.
17. Provides one motion to recommit.

18. Structured rule for H.R. 4521.
19. Provides two hours of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Science, Space, and Technology or their designees.
20. Waives all points of order against consideration of the bill.
21. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-31, modified by the amendment printed in part C of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
22. Waives all points of order against provisions in the bill, as amended.
23. Provides that following debate, each further amendment printed in part D of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 8 shall be considered 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, 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.
24. Section 8 provides that at any time after debate the chair of the Committee on Science, Space, and Technology or her designee may offer amendments en bloc consisting of further amendments printed in part D of the Rules Committee 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 Science, Space and Technology or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
25. Waives all points of order against the amendments printed in part D of the report and amendments en bloc described in section 8 of the resolution.
26. Provides one motion to recommit.
27. Provides that House Resolution 188, agreed to March 8, 2021 (as most recently amended by House Resolution 860, agreed to January 11, 2022), is amended by striking "February 4, 2022" each place it appears and inserting (in each instance) "April 1, 2022".
28. Provides that proceedings may be postponed through March 3, 2022, on measures that were the object of motions to suspend the rules on the legislative day of February 1, 2022, and on which the yeas and nays were ordered.

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

#Version #Sponsor(s)PartySummaryStatus
1Version 2Fitzgerald (WI)RepublicanRevised Limits attorneys' fees to a reasonable percentage of the recovery.Revised
2Version 1Buck (CO), Bishop, Dan (NC), Bustos (IL), Griffith (VA), Biggs (AZ)Bi-PartisanClarifies that, for the purposes of the bill, sexual harassment dispute is defined as a dispute relating to conduct that allegedly constitutes sexual harassment under applicable Federal, Tribal, or State sexual harassment laws.Made in Order
3Version 2Escobar (TX)DemocratLate Withdrawn Requires a report to Congress on the demographics of arbitrators in non-sexual assault and non-sexual harassments cases.Withdrawn
4Version 1Escobar (TX)DemocratLate Withdrawn Requires a report to Congress to identify and to determine whether, 1 year after the date of the enactment of this Act, employers have implemented policies and best practices to handle sexual assault and harassment complaints.Withdrawn
5Version 1Escobar (TX)DemocratLate Withdrawn Ends the practice of forced arbitration of racial discrimination, in addition to sexual assault and sexual harassment.Withdrawn

Committee Votes

Rules Committee Record Vote No. 183

Motion by Mr. Cole to strike the language in the rule that would continue the tolling of days for Resolutions of Inquiry. Defeated: 4–8

Majority Members
Vote
Minority Members
Vote

Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. Neguse
No Vote
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea

Rules Committee Record Vote No. 193

Motion by Mrs. Fischbach to amend the rule to H.R. 4445 to make in order amendment #1, offered by Rep. Fitzgerald (WI), which limits attorneys' fees to a reasonable percentage of the recovery. Defeated: 4–8

Majority Members
Vote
Minority Members
Vote

Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. Neguse
No Vote
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea

Rules Committee Record Vote No. 194

Motion by Ms. Ross to report the rule. Adopted: 8–4

Majority Members
Vote
Minority Members
Vote

Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
Yea
Ms. Scanlon
Yea
Mr. Morelle
Yea
Mr. DeSaulnier
Yea
Ms. Ross
Yea
Mr. Neguse
No Vote
Mr. McGovern, Chair
Yea
Mr. Cole
Nay
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay