79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–133 

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. 


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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 ConVerDate Nov 24 2008 04:43 Jun 04, 2009 Jkt 079008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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gress, 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 


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(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. 

Æ 


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