[House Report 111-133]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-133
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 626) TO PROVIDE THAT 4 OF
THE 12 WEEKS OF PARENTAL LEAVE MADE AVAILABLE TO A FEDERAL EMPLOYEE
SHALL BE PAID LEAVE, AND FOR OTHER
PURPOSES
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June 3, 2009.--Referred to the House Calendar and ordered to be printed
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Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 501]
The Committee on Rules, having had under consideration
House Resolution 501, by a nonrecord vote, 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. 626, the
Federal Employees Paid Parental Leave Act of 2009, 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 Oversight and Government
Reform. The resolution waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The resolution provides that the bill shall be considered as
read. The resolution waives all points of order against
provisions in the bill. This waiver does not affect the point
of order available under clause 9 of rule XXI (regarding
earmark disclosure).
The resolution makes in order only those amendments printed
in this report. The amendments made in order may be offered
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, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of Rule XXI are
waived. The resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and waives all points of order against the provisions in
the bill, the Committee is not aware of any points of order.
The waivers of all points of order are 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. 105
Date: June 3, 2009.
Measure: H.R. 626.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Schock, Aaron (IL), #5, which
would make a federal employee ineligible for the 4 weeks of
paid parental leave if the Federal employee has a tax lien
placed against them.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 106
Date: June 3, 2009.
Measure: H.R. 626.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lee, Christopher (NY), #4,
which would not allow the legislation to take effect until the
national unemployment rate reaches 4% or lower and that no
state has an unemployment rate over 7%.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Issa (CA) Would require employees to use all accrued
leave before receiving additional paid parental leave and would
require additional paid parental leave to be treated as a
repayable advance. (10 minutes)
2. Green, Al (TX) Would direct the Office of Personnel
Management to take into consideration the impact of increased
paid parental leave on lower-income and economically
disadvantaged employees and their children when evaluating
whether to promulgate regulations increasing the amount of paid
parental leave offered to federal employees. (10 minutes)
3. Bright (AL) Would clarify that federal employees
(including those in the executive branch, legislative branch,
Library of Congress, and GAO) who are called into active duty
as members of the National Guard or Reserves will be allowed to
count the time of that service towards their total time of
employment, for purposes of receiving benefits created in the
underlying bill. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered By Representative Issa of California, or
His Designee, Debatable for 10 minutes
Page 3, strike lines 9 through 13 and insert the following:
``(4) Notwithstanding any other provision of this section, an
employee may not use any paid parental leave described in
paragraph (3)(A), in connection with a birth or placement,
until such employee has exhausted all annual and sick leave
which, as of the date of such birth or placement--
``(A) has been accrued or accumulated by such
employee under subchapter I; and
``(B) may, under applicable provisions of law, rule,
or regulation, be used for the purpose involved.
Page 6, strike lines 17 through 22 and insert the following:
``(3) Limitation.--Notwithstanding any other
provision of this section, an employee may not use any
paid parental leave described in paragraph (2)(A), in
connection with a birth or placement, until such
employee has exhausted all annual, sick, and other paid
leave which, as of the date of such birth or
placement--
``(A) has been accrued or accumulated by such
employee under a formal leave system; and
``(B) may, under applicable provisions of
such leave system, be used for the purpose
involved.
Page 8, strike lines 18 through 24 and insert the following:
``(C) Limitation.--Notwithstanding any other
provision of this section, an employee may not
use paid parental leave described in
subparagraph (B)(i), in connection with a birth
or placement, until such employee has exhausted
all annual and sick leave which, as of the date
of such birth or placement--
``(i) has been accrued or accumulated
by such employee under subchapter I of
chapter 63 of title 5, United States
Code; and
``(ii) may, under applicable
provisions of law, rule, or regulation,
be used for the purpose involved.
Page 9, after line 15, add the following:
SEC. 5. ADDITIONAL PAID PARENTAL LEAVE TO BE TREATED AS A REPAYABLE
ADVANCE.
Notwithstanding any other provision of this Act or any
amendment made by any other provision of this Act, any paid
parental leave under section 6382(d)(3)(A) of title 5, United
States Code (as amended by section 2), section 202(d)(2)(A) of
the Congressional Accountability Act of 1995 (as amended by
section 3), or section 102(d)(3)(B)(i) of the Family and
Medical Leave Act of 1993 (as amended by section 4)--
(1) shall be treated as an advance of paid leave; and
(2) shall be subject to recovery by the United States
to the same extent and in the same manner as any other
advance of paid leave.
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2. An Amendment To Be Offered by Representative Al Green of Texas, or
His Designee, Debatable for 10 Minutes
Page 4, line 19, strike ``and''.
Page 4, after line 19, insert the following:
``(v) the impact of increased paid
parental leave on lower-income and
economically disadvantaged employees
and their children; and''
Page 4, line 20, strike ``(v)'' and insert ``(vi)''.
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3. An Amendment To Be Offered by Representative Bright of Alabama, or
His Designee, Debatable for 10 Minutes
At the end of the bill insert the following:
SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.
(a) Executive Branch Employees.--For purposes of determining
the eligibility of an employee who is a member of the National
Guard or Reserves to take leave under paragraph (1)(A) or (B)
of section 6382(a) of title 5, United States Code, or to
substitute such leave pursuant to paragraph (2) of such section
(as added by section 2), any service by such employee on active
duty (as defined in section 6381(7) of such title) shall be
counted as service as an employee for purposes of section
6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in
section 101(3) of the Congressional Accountability Act) who is
a member of the National Guard or Reserves to take leave under
subparagraph (A) or (B) of section 102(a)(1) of the Family and
Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the
Congressional Accountability Act), or to substitute such leave
pursuant to subsection (d) of section 202 of such Act (as added
by section 3), any service by such employee on active duty (as
defined in section 101(14) of the Family and Medical Leave Act
of 1993) shall be counted as time during which such employee
has been employed in an employing office for purposes of
section 202(a)(2)(B) of the Congressional Accountability Act.
(c) GAO and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of
the National Guard or Reserves to take leave under subparagraph
(A) or (B) of section 102(a)(1) of the Family and Medical Leave
Act of 1993, or to substitute such leave pursuant to paragraph
(3) of section 102(d) of such Act (as added by section 4), any
service by such employee on active duty (as defined in section
101(14) of such Act) shall be counted as time during which such
employee has been employed for purposes of section 101(2)(A) of
such Act.