69–008 

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 recomVerDate Aug 31 2005 05:50 Jul 31, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR807.XXX HR807

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mit 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) 


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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 


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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. 

Æ 


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