```

[House Report 110-807]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-807

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1338) TO AMEND THE FAIR 
   LABOR STANDARDS ACT OF 1938 TO PROVIDE MORE EFFECTIVE REMEDIES TO 
VICTIMS OF DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF SEX, 
                         AND FOR OTHER PURPOSES

                                _______
                                

   July 30, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Ms. Slaughter, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1388]

    The Committee on Rules, having had under consideration 
House Resolution 1388, 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. 1338, the 
``Paycheck Fairness Act,'' under a structured rule. The rule 
provides one hour of general debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Education and Labor. The rule waives all points of 
order against consideration of the bill except clauses 9 and 10 
of rule XXI. The rule 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 an 
original bill for the purpose of amendment and shall be 
considered as read. The rule waives all points of order against 
the amendment in the nature of a substitute except for clause 
10 of rule XXI. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The rule 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 rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         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) the Committee is not aware of any points of order. The 
waiver of all points of order is prophylactic. The waiver of 
all points of order (except clause 10 of rule XXI) against the 
amendment in the nature of a substitute includes a waiver of 
clause 7 of rule XVI regarding germaneness.

                            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. 581

    Date: July 30, 2008.
    Measure: H.R. 1338.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order an amendment by Rep. 
Myrick (NC), #5, which would add a new title, comprising of the 
text of H.R. 6108, regarding energy resources development.
    Results: Defeated 2-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Bean (IL): Would strike Section 3(b), ``Application of 
Provisions,'' from the bill. (10 minutes)
    2. Price, Tom (GA): Would direct the Secretary of Labor to 
study and report back to Congress within 90 days the effect of 
the Equal Pay Act amendments contained in the bill (section 3) 
on employers' ability to recruit and hire employees regardless 
of gender; the effective date of these amendments is delayed 
pending the Secretary's report. If the Secretary finds that 
these amendments are likely to significantly hinder employers' 
ability to hire and recruit employees regardless of gender, 
they do not go into effect. (10 minutes)
    3. Altmire (PA): Would delay the effective date of the bill 
by six months from the time of enactment. The amendment 
requires the Department of Labor to educate small businesses 
about what is required under law and assist them with 
compliance. (10 minutes)
    4. Giffords (AZ): Would clarify that a plaintiff must show 
intent (malice or reckless indifference) to recover punitive 
damages. (10 minutes)
    5. Cazayoux (LA): Would clarify that nothing in the 
Paycheck Fairness Act would affect the obligation of employers 
and employees to fully comply with all the applicable 
immigration laws. (10 minutes)
    6. Flake (AZ): Would prohibit the grant program created by 
the Paycheck Fairness Act from being used for Congressional 
earmarks. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Bean of Illinois, or 
                 Her Designee, Debatable for 10 Minutes

  Page 8, line 23, strike ``(b) Application of Provisions'' and 
all that follows through page 9, line 4.
  Page 9, line 5, strike ``(c)'' and insert ``(b)''.
  Page 10, line 12, strike ``(d)'' and insert ``(c)''.
  Page 11, line 18, strike ``(e)'' and insert ``(d)''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Price of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  Page 12, after line 20, insert the following:
  (f) Conditional Implementation.--
          (1) Conditional effective date.--Subject to 
        subparagraph (3), this section and the amendments made 
        by this section shall become effective on the date that 
        is 90 days after the Secretary transmits to Congress 
        the report required under subparagraph (2).
          (2) Study on recruitment and hiring of employees.--
        The Secretary shall conduct a study to determine the 
        effect of the requirements of this section and the 
        amendments made under this section on the ability of 
        employers to recruit and hire employees irrespective of 
        gender, and not later than 90 days after the date of 
        enactment of this Act, shall transmit to Congress a 
        report containing the findings of such study.
          (3) Determination by secretary.--This section and the 
        amendments made by this section shall not take effect 
        if the Secretary finds that the requirements of this 
        section may significantly hinder employers' recruitment 
        and hiring of employees irrespective of gender.''
                              ----------                              

      3. An Amendment To Be Offered by Representative Altmire of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  Page 21, after line 3, insert the following:

SEC. 11. SMALL BUSINESS ASSISTANCE.

  (a) Effective Date.--This Act and the amendments made by this 
Act shall take effect on the date that is 6 months after the 
date of enactment of this Act
  (b) Technical Assistance Materials.--The Secretary of Labor 
and the Commissioner of the Equal Employment Opportunity 
Commission shall jointly develop technical assistance material 
to assist small businesses in complying with the requirements 
of this Act and the amendments made by this Act.
  (c) Small Businesses.--A small business shall be exempt from 
the provisions of this Act to the same extent that such 
business is exempt from the requirements of the Fair Labor 
Standards Act pursuant to section 3(s)(1)(A)(i) and (ii) of 
such Act.
                              ----------                              

4. An Amendment To Be Offered by Representative Giffords of Arizona, or 
                 Her Designee, Debatable for 10 Minutes

  Page 10, beginning on line 17, strike ``damages or'' and 
insert ``damages, or, where the employee demonstrates that the 
employer acted with malice or reckless indifference,''.
                              ----------                              

5. An Amendment To Be Offered by Representative Cazayoux of Louisiana, 
               or His Designee, Debatable for 10 Minutes

  Page 21, after line 3, insert the following:

SEC. 11. RULE OF CONSTRUCTION.

  Nothing in this Act, or in any amendments made by this Act, 
shall affect the obligation of employers and employees to fully 
comply with all applicable immigration laws, including any 
penalties, fines, or other sanctions.
                              ----------                              

 6. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Page 21, line 2, strike ``There are'' and insert ``(a) 
Authorization of Appropriations.--There are''.
  Page 21, after line 3 insert the following:
  (b) Prohibition on Earmarks.--None of the funds appropriated 
pursuant to subsection (a) for purposes of the grant program in 
section 5 of this Act may be used for a Congressional earmark 
as defined in clause 9(d) of rule XXI of the Rules of the House 
of Representatives.

                                  

```