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[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

                                _______
                                

June 3, 2009.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   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.
                              ----------                              

 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)''.
                              ----------                              

 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.

                                  
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