Of h. R. 1230, which the clerk will report the title. E clerk a bill to amend the age discrimination act and retaliation claims and for other purposes. The chair when the committee of the whole house rose amendment number 5 printed in house report offered by the gentlewoman from michigan had been disposed of. Pursuant to clause 6 of rule 18, the Unfinished Business is request for recorded vote on amendment number printed in 1116790 on which further proceedings were postponed and the knows prevailed by voice vote. The clerk will redesignate the amendment. The clerk amendment number 3 offered by mr. Allen of georgia. The chair a recorded vote has been requested. Those in support of a recorded vote will rise and be counted. A sufficient number having arisen, a recorded vote is ordered. Members will record their votes by electronic device. This will be a 15minute vote. [captioning made possible by the national captioning institute, inc. , in cooperation with the United States house of representatives. Any use of the closedcaptioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u. S. House of representatives. ] the chair the yeas are 163 and the nays are 257. The amendment is not adopted. There being no further amendments. Under the rule, the committee rises. The chair the house has had under consideration and i report that the bill back to the house adopted in the committee of the whole. The speaker the chair of the committee of the whole house on the state of the union has had under consideration bill h. R. 120 and pursuant to House Resolution 790 reports the bill back to the house with further amendments adopted in the committee of the whole. Under the rule, a separate demanded on any amendment reported from the committee of the whole . If not, the chair will put them engrossed. The adoption of the amendment. Those in favor say aye. Those opposed, no. The yeas have it and the amendment is agreed to. The question is on the amendment and engrossment. Those in favor say aye. Those opposed, no. The yeas have it. The clerk a bill to amend the age discrimination and diplomat act of 1967 and other laws for federal employment discrimination and retaliation claims and for other purposes. The speaker pro tempore members, please carry your conversations off the floor. Rs the speaker pro tempore for what purpose does the gentleman from pennsylvania rise . I have a motion to recommit at the desk. The speaker pro tempore is the gentleman opposed to the bill . I am. The clerk mr. Smucker moves to recommit the bill h. R. 120 to the committee on jation and labor with instructions to report the bill with the following amendments. At the end of the bill, add the following, section, rule of construction, nothing in this act shall be construed to alter the status of a truck driver if it is considered to be an independent contractor under federal law. The speaker pro tempore members, please carry your conversations off the floor. The the gentleman is recognized for five minutes. Mr. Smucker this motion to recommit ensures that nothing in h. R. 1230 shall be construed to alter the status of a truck driver that is an independent contractor if the truck driver is considered to be an independent contractor under federal law. The speaker pro tempore the gentleman will hold for a second. The gentleman can proceed. Mr. Smucker democrats in congress and in state legislatures across the country e currently working to enact an jubness Legal Standard for determining employee status. Their standard would deprive millions of americans to work independently and start their own businesses. Seems like bad ideas start in california and the democrats desire to all but eliminating independent contracting is no exception. A california known as assembly fwill five is wreaking havoc from freelance journalism to ride sharing and many more. The result is heartwrenching stories from workers whose livelihoods have been turned upside down because democrats have put through a leftwing policy. Democrats have carved out but ruck drivers were not exempted blairing their truck horns and all. Fortunately for the Truck Drivers, a District Court has issued a temporary restraining order blocking a law. But it doesnt end there. Democrats right here in congress continue this assault on independent contractors. 215 House Democrats have cosponsored the pro act, legislation that would take californias law and make it federal law with no exemption for Truck Drivers or anyone else. Let me say this again. The democrats legislation pending in the house on which, y the way, majority leader wanted a vote would impose the independent contractor law on every business in america. Independent contracting today allows millions of families the opportunity to live their own american dream. I started my own career as an independent contractor operating my Drywall Company at the age of 17. The flexibility allowed me to grow the business, building a team of hundreds of employees over the course of 25 years. Independent Truck Drivers specifically are able to invest in their own careers and work for themselves on their own schedules while powering the American Economy across the country. The speaker pro tempore the gentleman is correct. Member will hold off for a second. Members, can we give the speaker, the gentleman from pennsylvania, the courtesy, so e can finish his presentation . The gentleman from pennsylvania can proceed. Mr. Smucker according to the owneroperator independent drivers association, there are Owner OperatorTruck Drivers and average net income in 2018 was well over 50,000, more than their professional driver counterparts. Last august, i participated in a ride with a constituent of mine o is owner of p. T. Transport and he hauls Lancaster Farm products and driving trucks since 1984 and shared with me that this career has allowed him to provide for his family while becoming a successful entrepreneur and allowed him and his family to achieve their own american dream. 2017, a Company Collected stories from drivers on why they loved trucking. One driver said, i knew a trucking job would become a passion and how this career would change my life. It has given me strength i never knew i had. One told San Francisco chronicle owning his own truck o pursue the american dream. Another one values the flexibility to attends his sons soccer games. Independent Truck Driving provides a steady, stable, rewarding and prosperous livelihood for thousands of american workers. I urge my colleagues to support this motion to recommit. A yes vote is a vote to support free enterprise. Nt let they be victims of a scheme right here in the u. S. Congress. Rather, vote yes to allow workers all across the country to prosper and live their own american dream. Thank you. Nd i yield back. The speaker pro tempore for what purpose does the gentlewoman from pennsylvania seek recognition . I rise in opposition to this motion to recommit. The speaker pro tempore the gentlewoman is recognized. Thank you, mr. Speaker. I am not sure that my colleague and friend from pennsylvania has read the same bill that i did that we are voting on tonight. His bill, the protecting older working americans act has nothing to do with Truck Drivers and nothing to do with independent contractors. Ms. Wild this motion to recommit is nothing more than a distraction from the very important legislation that is embodied in this bill. This m. T. R. Has nothing to do with discrimination against Older Workers. Why do my friends and colleagues across the aisle want to hurt older working americans . His legislation, h. R. 1230, is drawn up to fix the damage that has been done by the Supreme Court decision in gross versus f. D. L. Which weakened age discrimination protection and since that decision was made, both the Supreme Court and lower courts have relied on it and applied the gross reasoning to other civil rights laws so it just doesnt hurt older working americans but other people who suffer from employment discrimination. The bill we are considering is the bare bones of what is needed to rectify that decision. This bill represents a bicameral effort that has been 10 years in the making. This amends our laws to allow for mixed motive claims meaning when a Employer Claims mixed motives for terminating an employee, that that will not be permitted. Age discrimination continues to be to be a significant barrier to job opportunities. When Older Workers lose their jobs, theyre more likely than others to join the ranks of longterm or permanently unemployed. Significantly, approximately 61 of Older Workers have either seen or experienced age discrimination that the workplace. In 2018, the eeoc received nearly 17,000 age discrimination complaints, accounting for more than 20 of all discrimination charges filed, and while most Older Workers say they have seen or experienced age discrimination, only 3 report having made a formal complaint. These trends have a profound impact on the Economic Security of Older Workers and their families. This law has nothing to do with truckers and nothing to do with independent contractors. This motion to recommit is a mockery of this important legislation that is designed to protect older working americans. I urge my colleagues to stand up for Older Workers and the protections that they need and deserve. With that, i yield to my chairman, mr. Scott. Mr. Scott the speaker pro tempore the gentleman from virginia is recognized. The gentleman has 1 1 2 minutes. Mr. Scott thank you, mr. Speaker. This is, as my colleague indicated, a distraction. This has nothing to do with Truck Drivers, were talking about discrimination against Older Workers. Were talking about victims of discrimination, not who gets to discriminate against them. We have a problem that Older Workers are facing discrimination and Everybody Knows it. National organizations representing senior citizens, advocacy groups, civil rights group, including aarp, have all written letters asking us to protech workers against discrimination. This were correcting the Supreme Court case and the gross decision which makes it very difficult if not impossible for Older Workers to prove their cases. We need to defeat this distraction, pass the bill to protect Older Workers against discrimination. Mr. Speaker, i hope we can defeat the motion an pass the bill. I yield back. The speaker pro tempore the gentlewoman from pennsylvania yields back . Ms. Wild i yield back. The speaker pro tempore without objection. The previous question is ordered on the motion to recommit. The question is on the motion to recommit. Those in favor say aye. Those opposed, no. The noes have it. The gentleman from pennsylvania. Mr. Smucker recorded vote. The speaker pro tempore a recorded vote is requested. Those favoring a recorded vote will rise. A sufficient number having risen, a recorded vote is ordered. Members will record their votes by electronic device. Pursuant to clause 9 of rule 20, this is a fiveminute vote on the motion to recommit will be followed by a fiveminute vote on passage of the bill as ordered. That is a fiveminute vote. Members, fiveminute vote. [captioning made possible by the national captioning institute, inc. , in cooperation with the United States house of representatives. Any use of the closedcaptioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u. S. House of representatives. ] the speaker pro tempore on this vote, the yeas are 196, the nays are 220, the motion is not adopted. The question is on the passage of the bill. Those in favor say aye. Those opposed, no. The ayes have it. The gentlewoman from North Carolina. Ms. Foxx on that i request a recorded vote. The speaker pro tempore a recorded vote is requested. Those favoring a recorded vote will rise. A sufficient number having risen, ard recorded vote is ordered. Members will record their votes by electronic device. This is a fiveminute vote. Fiveminute vet. Vote. [captioning made possible by the national captioning institute, inc. , in cooperation with the United States house of representatives. Any use of the closedcaptioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u. S. House of representatives. ] the speaker pro tempore the yeas are 261 and nays are 155. The bill is passed and without objection, the motion to reconsider is laid on the table. The speaker pro tempore the chair lays before the house a communication. The clerk the honorable, the speaker, house of representatives, madam, i am writing to submit my formal resignation as vice chair of the Economic Committee and an honor and i look forward to my new of the government oversight and reform. Carolyn b. Maloney, member of congress. The speaker pro tempore without objection. The resignation is accepted. The house will be in order. For what purpose does the gentleman from new jersey seek recognition . Mr. Speaker, i ask unanimous consent that when the house adjourns today it adjourns to meet at 9 00 a. M. Tomorrow. The speaker pro tempore without objection. The chair will entertain requests for oneminute speeches. For what purpose does the gentleman from new jersey seek recognition . I request unanimous consent to address the house for one minute and revise and extend my remarks. The speaker pro tempore without objection. He house will be in order. The gentleman is recognized. Mr. Speaker, i rise today to Honor National championship champion from my district, the brick city lions. It is the nickname of the northern new jersey Football Team and the lions beat the arizona far west jets 4434 to win the 2019 Pop Warner Division one Junior Varsity national championship. They should be proud of the work of his team. He founded the lions known as the newark Youth Athletic Foundation in 2012. In that short time, his team has exceeded. But the coach wants them to excel in the classroom as well. He has reading and math tutors and classes to all his players. He wants to build teams with character, confidence, and brotherhood. Clearly, he is exceeding and off the field deserves their recognition as well as on the field. The coach and his team represents the best of newark and they are a point of pride in our community. With that, i yield back. The speaker pro tempore the ouse will be in order. Please take conversations off the floor. For what purpose does the gentleman from california seek recognition . I request unanimous consent to address the house for one minute and revise and extend my remarks. Without objection. The gentleman is recognized for one minute. The house will be in order, please. The gentleman is recognized. I rise today to honor the life and legacy of harold meeks a devoted family man who passed away. Mr. Speaker, the house is not in order. The speaker pro tempore the house will be in order, please. The gentleman is recognized. Mr. Mccarthy mr. Speaker, i rise today to honor of harold meek a devoted family man who passed away on december 24, 2019. He was more than a neighbor and considered him a family and his legacy will live on. He had a wonderful life with his wife and recently celebrated 48 years of marriage. He will be missed by his wife and family. He moved to bakersfield to work with his brother leo in the beginning of a career in the auto industry. Harold joined threeway chevrolet which was freeway motor group. The 3way group gained National Recognition and receiving multiple industryry wards. One of the greatest car dealers, he had seven consecutive titles as the number one retail volume chevrolet dealer in california and top retail chevy dealer. He was recognized by the Time Magazine as quality dealer award. True testament to his commitment to sales and service and he was involved in more than just 250 civic and charitable organizations, the American Cancer Society and make a wish foundation, just to name a few. A dedicated republican, he was active in local, state and National Politics and served on numerous president ial campaigns d managed campaigns for city councils. After he retired, he cheered his Oklahoma SoonerFootball Team. Friday night dinners, afternoons with his granddaughter and harold truly embodied what it means to be a community leader. On behalf of californias 23rd Congressional District, we stepped our condolences to the meek family. The speaker pro tempore for what purpose does the entlewoman from maine seek recognition . Pingree i request unanimous consent to address the house for one minute and revise and extend my remarks. On january 22, 1973, the Supreme Court ruled 72 that women have the right to make their own Health Care Decisions and access abortion care. 47 years later, our country has seen significant progress since roe versus wade. 73 of americans support keeping roe versus wade the law of