[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[House]
[Pages 14058-14075]
[From the U.S. Government Publishing Office, www.gpo.gov]




           FEDERAL EMPLOYEES PAID PARENTAL LEAVE ACT OF 2009

  The SPEAKER pro tempore (Mr. Lynch). Pursuant to House Resolution 501 
and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the state of the Union for the consideration of the 
bill, H.R. 626.

                              {time}  1743


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the 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, with Ms. DeGette in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Massachusetts (Mr. Lynch) and the gentleman from 
California (Mr. Issa) each will control 30 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. LYNCH. Madam Chairman, I yield myself such time as I may consume.
  Madam Chairman, today I rise in strong support of H.R. 626, the 
Federal Employees Paid Parental Leave Act of 2009, which was introduced 
by our colleague, Congresswoman Carolyn Maloney, on January 22, 2009.
  As chairman of the subcommittee on the Federal Workforce, Postal 
Service and District of Columbia, I'm proud to serve as an original 
cosponsor of this bill, along with 55 other Members of Congress.
  H.R. 626 takes an important step toward improving the Federal 
Government's ability to recruit and retain a highly qualified workforce 
by providing paid parental leave to Federal and Congressional employees 
for the birth, adoption or placement of a child for foster care, which 
is a benefit that is extended to many in the private sector as well as 
to all government employees in other industrialized countries.

                              {time}  1745

  In considering H.R. 626, the Subcommittee on the Federal Workforce, 
Postal Service and the District of Columbia marked up the bill on March 
25, 2009, and favorably recommended the measure to the full Committee 
on Oversight and Government Reform. The full committee then held markup 
on H.R. 626 on May 6, 2009, and ordered the bill to be reported to the 
floor by a voice vote.
  The bill being considered today will allow all Federal and 
congressional employees to receive 4 weeks of paid leave taken under 
the Family Medical Leave Act, also called the FMLA, for the birth, 
adoption or placement of a foster child.
  As many of my colleagues are aware, the current FMLA statute provides 
workers up to 12 weeks of unpaid leave for the birth, adoption or 
placement of a foster child with an employee. Madam Chairman, the bill 
before us does nothing more than permit those Federal employees, first, 
to receive paid leave for 4 weeks out of the 12 weeks to which they 
already have access and if the leave is connected to the birth, 
adoption or placement of a foster child; and secondly, provides 
employees the option to use accrued sick or annual leave, if available, 
for the remaining 8 weeks.
  Let us be clear. The bill currently being considered does not provide 
Federal workers any additional time or expand beyond the 12 weeks 
already given under current law.
  The bill before us has also been strengthened by granting the 
director of the Office of Personnel Management the authority to 
increase paid parental leave from 4 weeks to 8 weeks after considering 
a thorough cost and benefit analysis.
  Parental leave is a pertinent concern around the world, and 
unfortunately, America is lagging behind in offering paid leave for 
parents. The governments of 168 countries offer guaranteed paid leave 
to their female employees in connection with childbirth. Ninety-eight 
of these countries offer 14 or more weeks paid leave. Currently, the 
Federal Government, as an employer, guarantees zero paid leave for 
parents in any segment of the workforce. However, H.R. 626, once 
enacted, will, in fact, change that.
  While the 12 weeks of unpaid leave, as authorized by the Family 
Medical Leave Act of 1993, has helped millions of families during some 
of the most precious moments or, in some cases, the most challenging 
times of their lives, most Federal employees cannot afford to take 
unpaid leave. This often forces these employees to choose between 
spending more time with their newborn child or maintaining an income to 
support their families, which is a difficult decision that Federal 
workers will hopefully not have to make after the passage of this 
Federal Employees Paid Parental Leave Act.
  The United States of America, and in particular, the Federal 
Government, is supposed to be a world leader in this area. Yet, for 
years, we have been followers. I'm sure you will agree with me when I 
say that it is high time for us to catch up with the rest of world and 
provide our dedicated employees with paid parental leave of this 
limited time.
  Providing Federal employees with paid parental leave will increase 
worker morale and improve productivity by creating a more family 
friendly environment for Federal employees. Further, providing 20 days, 
or 4 work weeks, of paid leave to our dedicated Federal employees 
should not be described as an overgenerous or excessive fringe benefit, 
but rather, as a necessary benefit to help strengthen American families 
and promote the healthy development of our children.
  We also need to recognize that the Federal Government is the largest 
employer in the United States, and its policies in this area do set a 
tone for the country. No employee should have to choose between caring 
for a newborn child or their paycheck. This is especially true during 
an economic downturn.
  Therefore, Madam Chairman, I'd like to once again reiterate my 
support for H.R. 626, the Federal Employee Paid Parental Leave Act of 
2009, and I urge my colleagues to join me in voting in favor of this 
measure.
  I reserve the balance of our time.
  Mr. ISSA. Madam Chairman, I yield myself such time as I may consume.
  Madam Chairman, H.R. 626 sends the wrong message at the wrong time to 
working American taxpayers and families that are struggling in 
difficult times. Our economy is in crisis, and deficits are already 
soaring.
  Excess government spending created record deficits that have 
continued to rise for years, in good times and bad, meaning government 
already spends too much of the taxpayers' money and

[[Page 14059]]

has been running deficits before, and now during, the Obama 
administration.
  But more than that, jobs are being lost. In the time since the last 
time this bill was considered and not passed into law, 4.3 million 
Americans have lost their jobs, while 36,000 net new Federal jobs have 
been created. My voters, my taxpayers, my constituents are suffering. 
So are yours, Madam Chairman. So are the people on the other side. But 
in fact, there's no suffering in Washington.
  We have some of the lowest unemployment. We have a growing quality of 
life, and even home prices are not falling very much here. It's not a 
surprise why. Salaries are not falling here. Those of us who will speak 
here today are making nearly $170,000 a year, and many of our staff, a 
great many of our staff, make over $100,000 a year, as do a great many 
of the Federal workforce.
  This bill does not have one provision to say if you make $170,000 a 
year, why do we have to give you this benefit, because you have to 
choose between feeding your children and being with your children? 
Certainly not. There are no protections against, in fact, those who do 
not need this special benefit getting it. There are no safeguards at 
all. As a matter of fact, this bill envisions the $1 billion over 5 
years or more than $2 billion over 10 years swelling to $4 billion over 
10 years or more because, in fact, they believe it should be 8 weeks of 
special leave.
  Now, in the Rules Committee, I was told I just didn't understand, 
that Germany gives a year when you have a child. You know, the amazing 
thing is Germany and France and many of these countries are now going 
the opposite direction because they recognize that they were losing 
competitiveness and that these generous benefits, although good to 
have, were unsustainable, and they're particularly unsustainable when 
the only people that can afford it are those of us who live off the 
taxpayers'--I'd like to say generosity, but in fact, it's not 
generosity. This money is taken involuntary and spent at the whims of 
Congress.
  Madam Chairman, Federal employees enjoy one of the highest levels of 
job security, without a doubt, anywhere in the United States. I would 
venture to say many of them the highest. More importantly, in good 
times and bad, they keep their jobs.
  Even if you look at the protections against being arbitrarily let go 
or hired at will, that's not even the point. The point is, in a bad 
time, when tens of thousands of auto workers are being laid off, when 
40,000 employees of Chrysler dealerships have just gotten from this 
administration a 26-day pink notice to go because their franchise has 
been taken arbitrarily, at that time we have grown the Federal 
Government by 36,000, and we're looking at a new benefit that could 
easily cost $4 billion over the next 10 years.
  Now, this bill was scored at nearly $1 billion over 5 years, but of 
course, that's only if it remains at 4 weeks. And let's talk about 
those 4 weeks. This bill is not 4 weeks. This is 12 weeks.
  Most Federal workers when they retire have a significant amount of, 
even when they leave in general, accrued sick leave, and you might ask 
why. Well, because the typical sick leave for Federal workers is 13 
days a year. That's nearly 3 weeks a year you get to be sick, depending 
upon your seniority, 20 to 26 days a year of vacation. So you're 
looking at 5 weeks of vacation. On top of that you're looking at nearly 
3 weeks of sick leave, and we're being told by the majority that they 
can't make those tradeoffs to use some of that when a child is born.
  It's a joyous occasion when a child is born. It's an important 
occasion when a child is adopted. It's sometimes a critical time when a 
foster child, battered, beaten, or simply unloved, is brought into the 
home. The minority has no question at all about the importance of this. 
It's been a long time since 1993. This is well-established to be 
something in which people make the sacrifices without sacrificing their 
jobs, and we certainly have no objection to the current practice which 
is common throughout the Federal workforce to allow employees to take 
some or all of their sick leave.
  As a matter of fact, an amendment which has been ruled in order, will 
be considered tonight, calls for employees, Federal employees to be not 
only able to use all of their accrued sick leave, but to borrow against 
future sick leave. So, if they want to take the whole 12 weeks and 
every single day receive a full paycheck, we're willing to meet the 
majority more than halfway. We're willing to make the kind of 
compromise the American people would like us to make with the majority. 
It doesn't mean that this is the ideal solution. There are safeguards 
that are not in this legislation that we would like to see, and we will 
work with the Senate to see if we can't get that, but in fact, we offer 
an amendment that would at least cause there to be no net new cost to 
the American people.
  And I know that the majority will come back and say this is PAYGO 
neutral. Well, PAYGO is a wonderful term but let's understand. If you 
create additional days the Federal workforce will be off, you can only 
have one of two choices. Either their labor wasn't needed and, as a 
result, doesn't need to be replaced, or their labor was needed and will 
be replaced. Replacement costs money. That ultimately will lead to a 
higher cost.
  I believe CBO's scoring of approximately $1 billion over 5 years is, 
in fact, low, but I'm not going to argue with it. We accept theirs 
because they are, in fact, a neutral arbiter of these differences about 
what something costs or is worth.
  So here the Republicans are going to offer to support codifying what 
many agencies are already doing in the Federal Government, but not 
without the American people understanding that if we add a new 
additional off-time benefit of 4 or 8 additional weeks, on top of the 5 
weeks and nearly 3 weeks that are already granted to most Federal 
employees, I think that the American people, rightfully so, will send 
us packing. They will send us packing because we would be so out of 
touch, so inconsistent with what the small mom-and-pop and the not-so-
small companies in America are experiencing.
  Earlier, Madam Speaker, I said that 4,353,000 net jobs have been lost 
since the last time this bill was considered. That's not the true 
story. The true story is reflected in the State tax revenues and now in 
the Federal tax revenues, where we realize it's not just those who lost 
their jobs; it's those who lost a great percentage of the earnings they 
were making on their job. Overtime is gone, and in fact, profits, 
profit-sharing and additional commissions are generally gone. As a 
result, people aren't just out of work, but people who were still 
technically fully employed may be making less than half of what they 
were making just a year or two ago.
  So, Madam Chairman, we on this side of the aisle will oppose the bill 
in its current form but not without offering viable alternatives, 
reasonable alternatives, some ruled, some not ruled, so that we can 
make this at least a bill that America can understand why we would 
consider doing it at a time in which so many Americans are suffering.
  With that, I reserve the balance of my time.
  Mr. LYNCH. Madam Chairman, I just want to address a single point 
that's been made by a number of the speakers on the other side who I 
have great respect for, the gentleman from Texas earlier and now the 
gentleman from California.
  There is a drumbeat of justification that seems to be grounded in the 
fact that the economy is not in good shape right now, and that's a fact 
in my State, in my district, as well as all across America. But before 
we accept the argument that this is why it's being opposed, this bill 
is being opposed at this time, I just want to give a little brief 
history.
  This bill has been presented for 15 years. This bill has been 
presented for 15 years before this body. In 2008, when a majority of 
the Republicans opposed this important benefit, the unemployment then 
was 5.6 percent, pretty good.

                              {time}  1800

  During the 109th Congress when the Republicans refused to bring this 
bill

[[Page 14060]]

to the floor, the unemployment rate was never higher than 5.4 percent. 
During the 108th Congress when the Republicans again refused to bring 
this legislation to the floor, the unemployment rate ranged between 5.4 
and 6 percent, relatively low.
  During the 107th Congress when the Republicans refused to bring this 
legislation to the floor again, the unemployment rate never rose above 
6 percent, and was below 4.5 percent for most of the year. During the 
106th Congress when the Republicans again refused to bring this 
legislation to the floor, the unemployment rate never rose above 4.4 
percent.
  So there's a whole history here of my esteemed colleagues on the 
other side of the aisle opposing this bill, during good times and 
average times, and now in lousy times. But that is not the underlying 
reason that they're opposing the bill. The evidence does not support 
that.
  At this time, I'd like to yield 3 minutes to the lead sponsor of this 
bill, who has been there for the entire 15 years fighting for this 
measure, our chairwoman from the 14th District, the gentlewoman from 
New York (Mrs. Maloney).
  Mrs. MALONEY. I thank the gentleman for yielding and for his 
leadership in moving this bill to the floor and so many other areas in 
this Congress. And I'd like to thank all of my colleagues that have 
supported this on both sides of the aisle in its overwhelming passage 
in the past Congress, and of course today, especially Majority Leader 
Steny Hoyer who, with me, introduced this bill 15 years ago. And 
Chairman Towns, who has led our committee so well, and Ranking Member 
Wolf, Davis, Lynch, and former Congressman Tom Davis for all of their 
leadership on this issue.
  We are here today to show that this Congress doesn't just talk about 
family values; it values families. This bill, H.R. 626, that grants 4 
weeks of paid leave for the birth or fostering or adoption of a child 
is the first bill to pass balancing work and family since 1993.
  In 1993, we passed the landmark Family Medical Leave Act that 
provided 12 weeks of unpaid leave, which allowed women to have children 
and not lose their jobs. And this is very important since most women 
have to work. Many are single heads of household, but it takes two 
family incomes to make ends meet. This bill builds on those 12 weeks by 
providing 4 weeks of paid leave.
  Many on the other side of the aisle have said that this economy is in 
recession and we should not be doing this. But I'd like to point out, 
in addition to the points that Mr. Lynch made earlier, that they have 
been opposed to it in good times, bad times. They're just opposed to 
it.
  But paid leave ensures that the birth of a child does not further 
destabilize families who are struggling to make ends meet during these 
troubled times. During this recession, working families need all the 
help they can get. 11.6 million Americans are unemployed today, which 
means that every paycheck counts more than ever.
  Millions of dual-earner couples were struggling to stay afloat on two 
incomes before the economic crisis, and massive job losses mean that 
many of those families are now scrambling to pay the bills on just one 
income.
  Without paid leave, the birth of a child means that many working 
families are left with no income at all. By extending benefits to 
Federal workers, we can diminish the risk of real economic hardship for 
the 1.8 million employees of America's largest employer, the Federal 
Government.
  A new parent spends an average of $11,000 in additional spending in 
the first 2 years of a child's life, according to a study by the U.S. 
Department of Agriculture. By ensuring that family incomes remain 
steady while a parent is at home taking care of a new child, paid leave 
ensures that new parents' consumption remains steady, too. This 
consumption drives economic growth, which is precisely what our economy 
needs to recover.
  In a downturn, workers who take parental leave without pay are at 
risk of serious financial hardship. Those workers may qualify for 
Federal or State benefits such as TANF or SNAP, which places an 
additional burden on our systems that are already strained by 
ballooning caseloads.
  I have a great deal more to say on this issue, and I will place in 
the Record the remainder of my comments.
  We need common-sense reforms like this, that reflect the way families 
live now. Many workers today, including Federal employees, simply 
cannot afford to go without a paycheck for any length of time.
  Most families rely on two incomes to get by, and having one parent 
stay at home may not be an option. Without paid leave, the birth of a 
child can leave them with no income at all.
  The U.S. should be a leader in family friendly workplace policies, 
but unfortunately we are falling behind. 168 countries guarantee some 
form of paid leave. The United States, along with Lesotho, Swaziland, 
and Papua New Guinea, does not.
  Federal employees are noticing the lack of family friendly work 
policies in the Federal Government.
  The Office of Personnel Management's Federal Human Capital Survey for 
2008 indicates that issues of work-life balance are becoming a major 
concern for more and more Federal employees, because outdated leave 
policies are not addressing their needs.
  At the same time, they report less support from their supervisors on 
this issue than at any time in the past. Statistics like these are 
clear evidence that this bill is overdue.
  Our Armed Forces are to be commended for taking the lead on this 
issue. They already provide their new mothers with paid leave for the 
birth of a child.
  My colleague Congressman Stark has introduced legislation which would 
provide paid parental leave to employees in the private sector.
  It is time for us to bring the Federal Government up to speed.
  Opponents of this bill say it will cost too much, but H.R. 626 is 
PAYGO neutral, and according to CBO ``enacting H.R. 626 would not 
affect direct spending or receipts.''
  Let me be clear: There are no PAYGO implications for this bill. This 
is not to say that implementing paid parental leave is free of cost.
  CBO says that providing 4 weeks of paid leave provided for in this 
bill would total $140 million starting in 2011, which would increase to 
$209 million if and only if the Office of Personnel Management chooses 
to increase the amount of paid leave to 8 weeks.
  What this number represents is the value of the salaries of the 
17,800 female and 12,000 male federal employees that the CBO assumes 
will take 4 weeks of paid parental leave in the bill's first year of 
implementation.
  In other words, it is what agencies currently save when those 
employees go without pay under the current system.
  Not reflected in the CBO score is the money we can save by providing 
paid parental leave.
  Over the next few years, providing paid parental leave will increase 
employee morale and productivity while reducing turnover costs.
  It can also help boost the economy in general. New parents spend an 
average of $11,000 in added expenses in the year a child is born. By 
insuring that new families' incomes stay steady, paid leave insures 
that their consumption remains steady too, and this is exactly what our 
economy needs to recover.
  Critics of this bill have said that it sends the ``wrong message at 
the wrong time'' to families and taxpayers.
  That is not the message I hear.
  Passing H.R. 626 today would send a strong message to hardworking 
families across the country that healthy and happy families are central 
to the well-being of this country, and that we never want a parent to 
have to make the terrible choice between getting a paycheck and caring 
for their new baby.
  I urge my colleagues to support working families and to vote ``yes'' 
on H.R. 626.
  Mr. ISSA. At this time, I'd like to yield 3 minutes to a ranking 
subcommittee member and somebody who has worked very hard on trying to 
make this bill better, the gentleman from Ohio (Mr. Jordan).
  Mr. JORDAN of Ohio. I thank the gentleman for yielding and for his 
work on this issue and many others in the Congress.
  Madam Chair, on Monday, June 1, 2009, in Ontario, Ohio, in our 
district, 1,200 General Motors employees found out that they're losing 
their job. The Obama task force said in 12 months from now 1,200 
families will face the consequences of unemployment. Yet, here we are 
today, ready to pass a new billion-dollar entitlement for Federal 
workers at a time when our economy is

[[Page 14061]]

in turmoil and millions of Americans are struggling with joblessness.
  It is unconscionable that this Congress heap even more spending onto 
the backs of American families and businesses. At a time when taxpayers 
already have to tighten their belts, we are now asking them for an 
additional $1 billion. And worse, the spending is unnecessary.
  Federal employees are already entitled to 12 weeks of unpaid leave 
during any 12-month period because of a birth, adoption, or the taking 
in of a foster child. In many cases, Federal workers can use accrued 
sick leave and annual vacation leave. In fact, if you have been a 
Federal employee for just 3 years, you already have 4 weeks of annual 
leave and 2\1/2\ weeks of sick leave each and every year.
  With this new benefit for the Federal Government, we are also putting 
small businesses at a disadvantage. Think about this. Only 57 percent 
of the private sector offer any independently defined sick leave. Now 
they will have to compete for workers against this expanded benefit for 
government workers. This moves us exactly in the wrong direction.
  We need to incentivize the growth and renewal of a vibrant private 
sector, yet instead we are subsidizing an ever expanding Federal 
Government that will crowd out the private sector and, I think, 
frankly, stifle innovation and entrepreneurialship.
  The American people are watching us. In these difficult economic 
times, they expect their government to do exactly what they have done, 
cut the waste and tighten our belts. That is the message I have heard 
all across our district. It's what I've heard from families 
experiencing unemployment and small businesses that have had to shut 
their doors. Instead, this Congress continues to spend and spend and 
spend.
  Rather than taking steps to improve the economy to create jobs for 
the 14 million unemployed Americans, we are giving a better deal to the 
2.7 million people who are already employed in the Federal sector. This 
is the wrong message to send, and I encourage my colleagues to vote 
against this legislation.
  Mr. LYNCH. Madam Chair, I yield 3 minutes to the full chairman of our 
committee, the gentleman from New York (Mr. Towns).
  Mr. TOWNS. I would like to thank the Federal Workforce Subcommittee 
chairman, Mr. Lynch, for the outstanding job that he has done. I'd like 
to thank Chairwoman Maloney for her leadership on this issue. I would 
like to thank the majority leader, Steny Hoyer, for his work on it, and 
I'd also like to thank Congressman Connolly for his work as well.
  The gentlewoman from New York has worked tirelessly to make the 
Federal Government an environment that is supportive of working mothers 
and fathers. I want to thank her for her efforts and, may I add, a job 
well done.
  We need to recognize that the Federal Government is the largest 
employer in the United States and that its policies should set a tone 
for the country. H.R. 626 provides Federal employees with 4 weeks of 
paid parental leave for the simple reason that no employee should have 
to choose between caring for a new child or their paycheck.
  By providing 4 weeks of paid parental leave, H.R. 626 makes a 
strategic investment in the Federal workforce. This bill will help the 
government recruit and retain young, talented employees. As the Federal 
Government prepares for a wave of upcoming retirements, we need to 
attract this segment of the population to help us take on some of the 
challenges facing this country.
  This bill also provides potential cost savings to the American 
people. The taxpayers directly benefit when the government retains 
existing employees rather than having to hire, retrain, hire, retrain. 
That is expensive.
  Let me also add, the country is better served by an experienced and 
productive Federal worker that is able to adequately provide for the 
health and well-being of their newborn or newly adopted child. The 
long-term societal benefits of promoting healthy families and early 
child development are enormous.
  We in the Federal Government have a unique obligation to set an 
example for the rest of the Nation, both in values that we promote and 
in the way we responsibly manage taxpayer-funded programs. This bill 
accomplishes both goals. It benefits children and families and will 
enable us to recruit and retain top-notch Federal employees whose work 
benefits the entire Nation.
  For all these reasons, I urge all the Members to support this family-
friendly legislation that says to the world we care about our children.
  Mr. ISSA. Madam Chair, I yield 3 minutes to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. I thank my friend and our ranking minority member, Mr. 
Issa, for yielding the time and for his leadership here.
  In an earlier life of mine, when I was with the Select Children 
Family Committee back in the eighties, my then boss--I was a Republican 
staff director--my then boss, Dan Coats, was one of the Republicans who 
supported the Family Medical Leave Bill, which I didn't agree with.
  But I remember when he told me I could sit in all the meetings and we 
worked with how that law was going to be drafted. People said, Oh, 
it'll never be paid. This is just to cover people for unpaid. You're 
just a paranoid conservative because you keep talking about this 
becoming paid.
  We watched this move into the government arena, and all of us 
understand the tensions here. My daughter just had our second 
grandchild. She's a schoolteacher. The struggle was how was she going 
to deal with the time she was going to take off. Was it going to be 
paid? Was it during a school year? What do you do when you have--
Grant's 2 and Reagan, which won't shock anybody that my daughter picked 
the name Reagan. She has two little kids. How do you do this? What's 
fair? My oldest son, Nathan, and his wife both work in the government. 
They would love to have paid medical leave.
  But there's some problems here. Quite frankly, one of the most 
controversial problems is what to do with the husband and should he be 
able to get time off when a baby is born. Forget all the medical 
questions. What do we do with air traffic controllers? What do we do 
with DEA agents who may be working in the final bust on a drug case? 
What about Homeland Security, where they've been working 2 years on the 
case, the wife has a baby. Can they take sudden leave as this case is 
going to trial?
  There are very complicated fundamental questions in the challenge of 
how this would practically work.
  The second challenge is, in case people haven't heard, we've been 
printing a lot of money or obligating a lot of future debt, and the 
question is: Is this the time that the Federal Government should be 
doing something that is, quite frankly, generous, would help many 
families, but do we really have the money to do this at this time?
  I represent the number one manufacturing district in the United 
States, both in jobs and percent of jobs, at least if you counted 
before the recession started. I imagine I still may be there.
  My best county, where Fort Wayne is, the biggest city of around 
260,000, has a 9.5 percent unemployment rate. Whitley County has 11.6; 
Kosciusko, 12.2; DeKalb, 13.4; Noble County, 16.6, Steuben County, 
15.1; LaGrange County, 17.7; Elkhart County, 17.8, where the President 
went in for the first stimulus package.
  Now I'm supposed to go back to my district and say that government 
employees are going to get paid parental leave when they're looking at 
how they get unemployment and how they ever get a job.
  The CHAIR. The time of the gentleman has expired.
  Mr. ISSA. I would yield an additional 1 minute to the gentleman.
  Mr. SOUDER. That generosity and kindness to families is important, 
but we also have to balance is this going to be mandated on the private 
sector, is this really workable. Have we thought through the 
particulars in the Federal sector? Do we have the money to do

[[Page 14062]]

this? Lastly, is this the time, while millions of people are laid off, 
where others don't know how they're even going to pay their house 
payments, how they're going to pay their health care, to say, but we in 
the Federal Government are going to be generous with our employees and 
give them paid parental leave and family medical leave with their tax 
money?

                              {time}  1815

  Mr. LYNCH. Madam Chairman, I yield 2 minutes to one of our newest but 
most energetic and dynamic members of the subcommittee (Mr. Connolly) 
from the 11th District of Virginia.
  Mr. CONNOLLY of Virginia. I thank the distinguished subcommittee 
chairman, and I also thank, Madam Chairman, the distinguished chairman 
of the committee and Mrs. Maloney from New York for her leadership on 
this very important issue.
  Madam Chairman, I thought we had finally identified an issue where we 
could count on the support of the minority party. After enduring 
decades of sanctimonious speeches about family values, here we are, 
poised to take action. H.R. 626, the Paid Parental Leave Act, would 
allow federally employed mothers and fathers to spend time with their 
newborn children without sacrificing their income. Surprisingly, the 
minority party objects to such a notion.
  In the Committee on Oversight and Government Reform, of which I am a 
member, the minority actually proposed during markup to prohibit paid 
parental leave being used for foster children. I can't even speculate 
about what the origin of that antipathy toward foster children might 
be; but I am reminded of a speech in this Chamber, Madam Chairman, made 
not so long ago by former Republican Majority Leader Tom DeLay. He 
spoke passionately about the plight of foster children and implored 
Congress to ``listen to the stories of these children and the stories 
they tell. Study the broken system we've created for them, and help 
them. For God's sake, help them.''
  Madam Chairman, H.R. 626 will not solve all or even most problems 
with the foster care system, but it will allow more Federal employees 
to spend more time with very young foster children. We have a wealth of 
data that demonstrates that this parent-child interaction is essential 
for the cognitive and emotional development of these children. Yet the 
minority party introduced amendments in the committee that would 
actually punish foster children.
  Now, here on this floor, the minority party endeavors to gut this 
legislation and to prevent mothers and fathers from spending time with 
their very young children. This bill is what real family values are all 
about. I ask my colleagues to support the bill.
  Mr. ISSA. Madam Chairman, I yield 3 minutes to the distinguished 
gentleman from Illinois (Mr. Schock).
  Mr. SCHOCK. Madam Chairman, I rise today in opposition to H.R. 626.
  You know, ladies and gentlemen, what we do here in the United States 
House and in the United States Congress--the standards that we set and 
the expectations that we have in terms of benefits--really sets a 
precedent not only for the people whom we employ in the Federal 
Government but also for whom small businesses and large businesses 
around our country employ.
  Like everyone else, I enjoy Federal benefits. My employees here with 
me enjoy our great benefits plan. Unfortunately, back home in central 
Illinois, many individuals there are not employed by the Federal 
Government. By and large, they're employed by the private sector. 
Unfortunately for them, this is a time when they're not looking to 
expand their benefit programs, when they're not going to their 
employers and asking for more. They're thankful for the paychecks 
they've got.
  It seems to me a little disingenuous by those in support of this 
legislation that, at a time when we're talking about stimulating the 
economy and at a time when we're talking about feeling the pain of the 
American people, we know the truth--that our constituents are having to 
do the opposite. They're having to cut back. They're having to do with 
less. This bill and this measure seek to do the opposite.
  Expanding 4 weeks of paid parental leave will not only add a cost to 
the Federal Government by the Congressional Budget Office's own figures 
of $1 billion over the next 5 years, but it will undoubtedly set a 
precedent for the private sector. Unfortunately, for the private 
sector, they cannot print the money or tax the American people to pay 
for their benefits.
  The unemployment rate in my State of Illinois was just over 9 percent 
as of April. This includes over 24,000 jobs that were lost by my 
hometown employer, Caterpillar. When I go back there this weekend, I 
will have to tell those individuals who are now unemployed, not only do 
they not have jobs, but my colleagues in this body decided that our 
employees, who have not felt the economic impact of a downturn, are not 
only getting to keep their jobs, but they will also have added benefits 
at their expense as taxpayers.
  I don't know how we can honestly vote for more benefits, for more 
pay, and for more cost to the Federal budget at the expense of 
taxpayers and of those people who are cutting back and losing their 
jobs.
  I urge a ``no'' vote.
  Mr. LYNCH. Madam Chairman, I yield 2 minutes to the gentlewoman from 
California's Sixth District (Ms. Woolsey).
  Ms. WOOLSEY. Madam Chairman, America should be a world leader in 
helping parents balance their work and family responsibilities.
  As the chairwoman of the House Subcommittee on Workforce Protections, 
I find it totally unacceptable that the country I live in--the United 
States of America--is one of only four countries not providing paid 
leave to new mothers and fathers. Today in the United States, 51 
percent of new parents don't have paid leave. So, as a result, some 
take unpaid leave if they can afford it; some quit; and some are fired 
for taking too much time off.
  That's why I strongly support H.R. 626, so we can ensure that Federal 
employees won't be forced to choose between their paychecks and their 
families at one of the most important times of their lives--the birth 
or the adoption of a child. Investing in our working families is the 
best way to strengthen our workforce. It is the best way to stimulate 
our economy, and it is the best way to strengthen our country.
  So I ask my colleagues to join me in voting for this important 
legislation authored by Congresswoman Maloney. Support working 
families. Don't force them to choose between putting food on the table 
and having dinner with their children and getting to bond with their 
new babies. Vote for this legislation because the United States of 
America needs to stand proud among other countries in this world.
  Mr. ISSA. Madam Chair, I trust the gentlewoman from California was 
only misunderstood or had misspoken when she said someone would lose 
his job for taking parental leave. That would be a crime under the 1993 
act.
  I would yield to the gentlewoman to correct that.
  Ms. WOOLSEY. Right. I said: for taking too much time off beyond the 
family medical leave.
  Mr. ISSA. Beyond the 12 weeks?
  Ms. WOOLSEY. Yes.
  Mr. ISSA. I thank the gentlewoman.
  Madam Chairman, I would now like to yield 4 minutes to the gentleman 
from Texas (Mr. Hensarling).
  Mr. HENSARLING. I thank the gentleman for yielding.
  Madam Chair, I rise in opposition to this legislation. It offers a 
new $1 billion benefit to Federal workers. I have no doubt that the 
Federal workers deserve this benefit, but to non-Federal workers, they 
don't deserve having their paychecks docked $1 billion to pay for it. 
That's what we're talking about. That's if the non-Federal Government 
workers are fortunate enough to still have their jobs in this troubled 
economy. Again, it's a great benefit. I wish every new parent could 
have that. I want to create a more prosperous economy in America so 
that every American could enjoy it, but this is absolutely nothing more 
than a wealth transfer of $1 billion from non-Federal Government 
workers to Federal workers. It is just patently unfair.

[[Page 14063]]

  Why would you want to dock the pay of everybody else in this troubled 
economy to pay for this?
  Already, if you look at the benefits that Federal Government 
employees receive--and listen, there are great Federal employees, and I 
want to keep them, and many of them are incredibly dedicated public 
servants. Yet look at the annual leave of the Federal Government versus 
the annual leave, on average, in the private sector. Federal workers 
are already receiving a better deal.
  Look at the annual sick leave of the Federal Government compared to 
the average sick leave in the private sector. The Federal Government 
worker is already receiving a better deal.
  Look at the family medical leave. You can see that Federal Government 
workers already receive, on average, a better deal than those in the 
private sector.
  So, again, on average, when they're enjoying greater benefits and 
when they're enjoying greater job security, what a slap in the face to 
every worker in America who doesn't receive a government paycheck to 
see that, all of a sudden, they're going to have to pay for a new 
benefit for Federal workers.
  This is on top of the fact that, today, the Federal Government is 
already having to borrow, Madam Chair, as you well know, 46 cents on 
the dollar. We are awash in red ink. Already, this body, under 
Democratic control, passed a budget that will triple the national debt 
in 10 years, costing taxpayers $148,926 per household. It will triple 
the national debt in the next 10 years. We are about to see more debt 
placed on this Nation, more debt in the next 10 years than in the 
previous 220.
  You know, Madam Chair, there was a time in America's history where 
you worked hard today so that your children could have a better life 
tomorrow. Instead, a bill like this is saying: You know what? Let's go 
ahead and let the government work easy today so that our children have 
to work even harder tomorrow. Again, it's just unfair to everybody who 
doesn't receive that Federal Government paycheck.
  At some point, Madam Chair, you have to ask: When does the debt and 
the spending stop?
  We will never run out of good ideas. We will never run out of 
opportunities to take money away from one group of citizens and give it 
to another group of citizens. Those opportunities are there each and 
every day. Again, if you care about all of the children in America, you 
will quit placing an unconscionable burden of debt upon them.
  So this bill must be rejected out of fairness and out of fiscal 
responsibility.
  Mr. LYNCH. Madam Chairman, I yield 1 minute to the Representative 
from Maryland's Fourth District, Donna Edwards.
  Ms. EDWARDS of Maryland. Madam Chair, I rise today in support of H.R. 
626, the Federal Employees Paid Parental Leave Act of 2009.
  I would like to thank the gentlewoman from New York (Mrs. Maloney) 
for her long-time leadership on this legislation and for her ongoing 
efforts to ensure family-friendly workplaces. That must begin at least 
with the Federal Government.
  It is so tiresome and tedious to stand on this floor every day and to 
listen to the demagoging of Federal employees. They are the people who 
get up every single day and inspect our food. They make sure that we 
have clean water. They process Social Security checks. They do all of 
the business of this government, and it is so sad that, even when 
offering a simple parental leave act, we have to demagogue Federal 
employees in the process.
  The legislation provides 4 weeks of paid parental leave for new 
mothers and fathers for the birth, adoption or fostering of a child. 
America's 1.8 million Federal employees will benefit from this time to 
learn how to care for and to bond with their new additions to their 
families. It's what many in the private sector already do, and it's 
what we strive for. The Federal Government needs to set an example.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. LYNCH. I would like to yield the gentlewoman an additional 
minute.
  Ms. EDWARDS of Maryland. This will also help employee morale, and it 
will allow the Federal Government to attract and to retain young and 
talented employees in our aging workforce.
  Madam Chair, as a Representative of the Fourth Congressional District 
of Maryland--proudly the home to at least 70,000 Federal employees--for 
my neighbors, for my friends, for the people who work hard every day, 
this important legislation will advance family-friendly policies. It 
will allow new parents the time necessary to care for their children, 
and it will set a standard for the Federal Government and for the 
private workforce.
  There are times when it is simply the right thing to do, and this is 
one of those times. I urge my colleagues to support this legislation.

                              {time}  1830

  Mr. ISSA. Madam Chair, I yield 2 minutes to the gentleman from 
Louisiana (Mr. Scalise), a member of the Energy and Commerce Committee 
and somebody who well knows about the challenges that people face in 
the workforce today.
  Mr. SCALISE. I want to thank my colleague from California for 
yielding the time.
  Madam Chairman, some of the greatest joys in my life were the two 
births of my daughter and son. Two years ago, my daughter, Madison, I 
was able to be there for the birth with my wife, one of the great joys 
of my life. And then just 4 weeks ago tomorrow, the birth of my baby 
boy, Harrison, and I was there as well. Just wonderful, wonderful times 
that every family should spend together. Those opportunities already 
exist today in law. There is nothing in this bill that either takes 
away or gives the ability of parents to do that. They already have that 
right today, as they all should.
  Why I rise in objection to this bill is it adds an extra $938 million 
in new entitlements, in new debt, money that we don't have in this 
country, to an already growing deficit. We're at a $1.9 trillion 
deficit this year alone. Projections are that in the next 5 years, this 
administration will double the national debt. And at what time do we 
stop and look out for those children? My son that was born 4 weeks ago, 
when do we look out for his future, his opportunity, so that he doesn't 
have to inherit another billion dollars in debt that this bill will 
give him?
  I think it's very ironic in the same week that General Motors became 
``Government Motors'' because of primarily health benefits, benefits 
that were added on and added on for employees to the point where the 
benefits of the employees bankrupted the company. And so what's 
Congress' answer to that? Congress' answer in the same week is to add 
more benefits at a time when people are losing their jobs, money that 
we don't have, almost a billion dollars. There used to be a saying ``a 
billion here, a billion there, pretty soon you're talking about real 
money.'' I think the public has spoken out. They said, Enough is 
enough. We've got to control spending and look out for our future 
generations.
  Mr. LYNCH. I just want to clarify.
  The way this has been scored by CBO is that the salaries are paid to 
the employees already. The cost and/or savings recognized in the CBO 
estimate that has been cited here reflect the fact that by forcing 
Federal employees to take leave without pay, they realize a savings 
from that. But there is no new debt acquired here.
  What the savings here that CBO is recognizing is the fact that they 
have budgeted for these salaries but then people take a certain amount 
of time off without pay, and that realizes a gain in the budget that's 
recognized in the CBO estimate.
  At this time I would like to yield 2 minutes to the gentleman from 
Virginia (Mr. Moran).
  Mr. MORAN of Virginia. I very much thank my good friend from 
Massachusetts (Mr. Lynch) and Mrs. Maloney and my colleagues who have 
fought hard for this bill.
  There are a couple of reasons why I am a proud cosponsor of this 
legislation. One is that we are in the midst of an economic crisis in 
this Nation, and who do we turn to? We turn to the Federal workforce to 
reset our economy,

[[Page 14064]]

to put our Nation's investments where they need to be. We turn to them 
because we know that they are incorruptible. This is the most 
professional, least corruptible organization, civil service, in the 
world. We should be very proud of our civil servants.
  Now, as the corporate board of directors of the largest workforce in 
the Nation, it's incumbent on us to let them know how we see them, to 
recognize them, to incentivize them, to recruit the very best and 
brightest people in this Nation and to retain them. And how do we do 
that? By leading in terms of the benefits that other large corporations 
provide. We should be leading by example. But the reality is that other 
large workforces oftentimes provide much better benefits than the 
Federal Government. We need to be in the leadership. This enables us to 
catch up. We recognize these employees by doing things that are 
tangible, and this is a tangible benefit.
  The second reason is that we recognize that the most important time 
in anyone's life are those first few weeks after birth where a parent 
has the opportunity to nurture, where the child can bond, where the 
child's brain can be stimulated, where the child can understand they 
will grow up in a secure, safe environment.
  The CHAIR. The time of the gentleman has expired.
  Mr. LYNCH. I yield the gentleman an additional minute.
  Mr. MORAN of Virginia. I very much thank my good friend.
  And I would hope that those who are in kind of knee-jerk opposition 
to this legislation would reconsider, because Mr. Wolf perhaps 
expressed it best: These are the days that matter, the weeks that 
matter. We want the healthiest workforce, we want the strongest society 
possible. And if we are to do that when we are the corporate board of 
directors of the largest workforce, we should lead by example by 
providing paid parental leave so a child can bond with their parents, 
so they can get them off to a healthy start. That's what this is all 
about. A strong society, enabling every child born in America to have 
the full opportunity to realize their potential.
  This legislation enables the Federal workforce to achieve that 
objective. It's a noble national objective. It's what America ought to 
be about. Let's get this legislation passed.
  Mr. ISSA. Madam Chair, may I inquire as to how much time is remaining 
on each side?
  The CHAIR. The gentleman from California has 6\1/4\ minutes 
remaining. The gentleman from Massachusetts has 7 minutes remaining.
  Mr. LYNCH. I am prepared to close, so I reserve at this time.
  Mr. ISSA. Madam Chair, I am prepared to close, so I yield myself the 
balance of my time.
  Madam Chair, in a few short minutes we will complete general debate; 
we will go to amendments. At that time, I'm hopeful that the amendment 
offered by the committee, the Republicans on this committee, will be 
considered favorably. If it is, then what seems to be unreconcilable as 
our differences can be resolved.
  Clearly, we agree that 14 million Americans are out of work. We agree 
that we're in a recession. We agree that Americans are suffering. We 
agree that whether you're having a child, adopting a child, or bringing 
a foster child in need into your home, that that bonding time is 
worthwhile now, just as it was in 1993 when we overrode all States and 
all employers to provide that option without fear of retaliation or 
loss of a job.
  I think we agree that this bill is 12 weeks, 8 of which may be paid 
by the use of sick and other leave. I know we agreed that if you serve 
15 years in the government you'll have about 8 weeks a year of paid 
leave already accrued. We only disagree on whether or not a new cost, a 
new entitlement will be borne by the American people. We seem to 
disagree on whether going from not paying somebody when they're off to 
paying them is, in fact, a cost to the government. We certainly 
disagree on whether or not when it becomes an additional 4 weeks of 
pay, many will choose to take it. As a matter of fact, Madam Chair, 
when the CBO scored, they made the assumption that half of all men 
would not take any benefits under the Parental Leave Act as they 
currently don't. But, of course, when you're offered 4 weeks free, 
completely free of sick leave, perhaps it will be irresistible to take 
some, in which case the $1 billion over 5 years could rise above that 
figure.
  So there are some things we disagree on.
  But if we take what we agree on, which is the American people are 
watching mounting deficits, the American people do believe that at 
times we're out of touch, that we don't feel their pain. The gentleman 
from Virginia talked about the Federal workers in his district. The 
Federal workers have grown in his district at a time in which the 
gentleman from Illinois has seen 40,000 workers lose their job at 
Caterpillar. Those were good-paying jobs. They had benefits. They may 
have even had some parental leave benefits. Today, they have no 
benefits. They're not choosing between having a paycheck or being with 
their child; they're choosing whether or not to go out and find some 
minimum-wage job or do something to try to bring a little money into 
the house, because in fact, they no longer have the good-paying jobs 
that have evaporated in this recession.
  We did a stimulus package, and we disagreed on a lot of how it was 
done, but we understood we needed to get Americans rolling again, we 
needed to get them the opportunities. What those 14 million have given 
up--and countless millions more have given up in loss of some of their 
income--is what we disagree about.
  So, Madam Chair, I would ask that the CBO document scoring this be 
placed in the Record so there is no question as to what we all agree 
on, the NFIB letter opposing this, and the letter from the Independent 
Electrical Contractors also be placed in the Record at this time.

       H.R. 626 Federal Employees Paid Parental Leave Act of 2009

       Summary: H.R. 626 would amend title 5 of the United States 
     Code, the Congressional Accountability Act, and the Family 
     and Medical Leave Act of 1993 (FMLA) by creating a new 
     category of leave under FMLA. This new category would provide 
     four weeks of paid leave to federal employees following the 
     birth, adoption, or fostering of a child. In addition, the 
     legislation permits the Office of Personnel Management (OPM) 
     to increase the amount of paid leave provided to a total of 
     eight weeks based on the consideration of several factors 
     such as the cost to the federal government and enhanced 
     recruitment and retention of employees.
       Under current law, federal employees who have completed at 
     least 12 months of service are entitled to up to 12 weeks of 
     leave without pay after the birth, adoption, or fostering of 
     a child. Upon return from FMLA leave, an employee must be 
     returned to the same position or to an ``equivalent position 
     with equivalent benefits, pay, status, and other terms and 
     conditions of employment.'' Employees may get paid during 
     that 12-week period by using any annual or sick leave that 
     they have accrued. The leave provided by this bill would be 
     available only within the 12-week FMLA leave period.
       CBO estimates that implementing H.R. 626 would cost $67 
     million in 2010 and a total of $938 million over the 2010-
     2014 period, subject to appropriation of the necessary funds. 
     Enacting H.R. 626 would not affect direct spending or 
     receipts.
       The bill contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA) and would not affect the budgets of state, local, or 
     tribal governments.
       Estimated Cost to the Federal Government: The estimated 
     budgetary impact of H.R. 626 is shown in the following table. 
     The costs of this legislation would fall in all budget 
     functions (except functions 900 and 950).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level................................      69     215     219     221     224       947
Estimated Outlays............................................      67     209     218     221     223       938
----------------------------------------------------------------------------------------------------------------

       Basis of estimate: For this estimate, CBO assumes that H.R. 
     626 will be enacted by October 1, 2009, and that the 
     necessary amounts for implementing it will be appropriated 
     each year. Under the legislation, the new category of leave 
     would become available six months after enactment (that is, 
     around April 2010). As a result, the cost of the legislation 
     in 2010 reflects implementation for

[[Page 14065]]

     only half of the year. After 2010, CBO has included in its 
     estimate a 50 percent probability that OPM will use its 
     authority to increase the amount of paid leave available from 
     four weeks to eight weeks. Costs in future years are 
     projected to grow with inflation.
       CBO assumes that the potential users of the new leave would 
     be primarily the roughly 700,000 civilian employees who are 
     between the ages of 20 and 44 and have been employed at least 
     12 months. (This figure excludes employees of the Postal 
     Service because H.R. 626 amends title 5 of the United States 
     Code, which does not apply to them.)
       Estimating an adoption rate based on data from the 
     Department of Health and Human Services and applying birth 
     rate information for the relevant age cohorts from the 
     National Center on Health Statistics to the roughly 313,000 
     women eligible for the new leave yields about 17,800 women 
     who might give birth or adopt in a given year. Based on 
     average salary information from OPM, CBO estimates that four 
     weeks of paid leave--the maximum amount guaranteed by the 
     bill--for female employees would cost between $2,800 (for 
     those in the youngest age cohort) and $5,400 (for those in 
     the 40-44 age cohort). Assuming that nearly all of those 
     women took the maximum amount of leave, CBO estimates the 
     cost of the leave to be $77 million this year (if it were 
     available for the entire 12-month period).
       Applying those same calculations to the 390,000 men in the 
     affected age groups, CBO estimates that roughly 24,000 men 
     would be eligible for the four weeks of paid leave, at an 
     average cost of between $3,100 and $6,000 per male employee. 
     Assuming that eligible men would take the leave at about one-
     half the rate of women, CBO estimates that men would use 
     another $54 million worth of leave this year (if it were 
     available for the entire 12-month period), bringing the total 
     to $130 million.
       Since CBO assumes that the new leave would not be available 
     until half-way through fiscal year 2010, there would be no 
     costs for 2009 and the 2010 costs would represent only six 
     months of the year, totaling $67 million. Beyond 2010, CBO 
     assumes a full year of availability and has included a 50 
     percent probability that OPM would increase the amount of 
     paid leave available to employees. As a result, anticipated 
     costs increase to $209 million in 2011. (The 2011 costs would 
     be about $140 billion if the benefit were kept at a maximum 
     of four weeks.)
       The effects of this bill on the budget derive from the 
     provision of a new form of paid leave. To the extent that 
     such a new benefit enables people to take advantage of paid 
     leave rather than taking leave without pay, the costs are 
     clear. However, employees who would currently use annual or 
     sick leave upon the birth, adoption, or fostering of a child 
     may choose to use this new form of paid leave and save their 
     accrued leave for a later date. CBO has no basis for 
     estimating the magnitude of such substitution, but the 
     deferral of annual and sick leave also represents a cost 
     either in terms of increased availability of paid leave or 
     cash payments upon separation.
       In addition, providing a more generous benefit to employees 
     may enhance the federal government's ability to retain 
     employees after the birth or adoption of a child and thereby 
     lower recruitment and training costs. CBO estimates that such 
     potential savings are likely to be relatively small over the 
     next five years.
       Intergovernmental and Private-Sector Impact: H.R. 626 
     contains no intergovernmental or private-sector mandates as 
     defined in UMRA and would not affect the budgets of state, 
     local, or tribal governments.
       Estimate Prepared by: Federal Costs: Barry Blom, Impact on 
     State, Local, and Tribal Governments: Elizabeth Cove Delisle, 
     Impact on the Private Sector: Paige Piper/Bach.
       Estimate Approved by: Theresa Gullo, Deputy Assistant 
     Director for Budget Analysis.
                                  ____

                                               National Federation


                                      of Independent Business,

                                     Washington, DC, June 3, 2009.
       Dear Representative: On behalf of the National Federation 
     of Independent Business (NFIB), the nation's leading small 
     business advocacy organization, I am writing to notify you of 
     our opposition to H.R. 626, the Federal Employees Paid 
     Parental Leave Act of 2009.
       The legislation mandates an alarming expansion of the 
     Family and Medical Leave Act (FMLA), from an unpaid leave 
     program into one that would provide partial paid parental 
     leave for federal employees. By carving out 4 of the 12 weeks 
     of FMLA as paid parental leave, NFIB is concerned that H.R. 
     626 sets a precedent for future discussions over expansion of 
     FMLA.
       In addition to creating a new paid leave component of FMLA, 
     the bill does not require federal employees to first use 
     accumulated vacation or sick leave before taking the paid 
     parental leave. Currently, if an employee has accrued paid 
     time off, an employer may require them to use some or all of 
     their accrued paid time for some or all of the FMLA leave.
       Small businesses are struggling to survive in our tough 
     economic times, and are very concerned that creating an 
     expensive, new paid leave benefit for federal employees will 
     eventually lead to new paid leave mandates on small business. 
     I urge your strong opposition to this legislation.
           Sincerely,
                                                    Susan Eckerly,
     Senior Vice President, Public Policy.
                                  ____

         Independent Electrical Contractors,
                                     Alexandria, VA, June 3, 2009.
     House of Representatives,
     Washington, DC.
       Dear Representative: I am writing on behalf of the 2,700 
     merit shop contractor members of the Independent Electrical 
     Contractors (IEC), who urge you to oppose H.R. 626, the 
     Federal Employees Paid Parental Leave Act, which would expand 
     the Family and Medical Leave Act (FMLA), as it applies to 
     federal employees, to mandate four weeks of paid FMLA leave, 
     on top of existing leave.
       Please let me be clear that our opposition to this bill is 
     based solely on the precedent it sets for the private sector, 
     and has nothing to do with the individuals who work for the 
     federal government.
       IEC is concerned that, in radically expanding FMLA to 
     include paid leave, Congress is laying the groundwork for 
     mandating paid sick leave on private sector employers. One-
     size-fits-all leave mandates, such as the Healthy Families 
     Act (H.R. 2460/S. 1152), fail to take into account the varied 
     natures of our nation's industry segments, and the individual 
     employers whose unique business models are exactly the factor 
     that determines their success or failure.
       And, most importantly in this debate, it is paramount that 
     Congress ascertain the real world impact of mandating paid 
     sick leave on the private sector. Small business owners craft 
     their pay, leave, and work rules based on the business model 
     that keeps them competitive, grows their business, and 
     creates more jobs. If Congress stunts the flexibility of 
     these individual business models, then it will be directly 
     threatening this competitiveness and the jobs that come with 
     it.
       IEC encourages Congress to seriously consider the precedent 
     that is set by this expansion of FMLA, and oppose H.R. 626.
       Thank you for your consideration.
           Sincerely,
                                                      Brian Worth,
                              VP of Government and Public Affairs.

  Lastly, Madam Chair, I believe that the intentions of the majority 
are generally good, but I believe that this bill contains something the 
American people may not have heard, and in closing, I want them to 
hear.
  This bill not only gives 4 weeks of new paid leave for the mom who 
may be coming home immediately following the birth of the child, but it 
gives that 4 weeks of additional pay to the father. It does so whether 
it's an adult child they're adopting, someone 15 or 16 going off to 
school every day. It does it for both mom and dad, and it does it on 
top of the 8 weeks they can take in other ways already.
  So I want the American people to understand not only does it do that, 
but it is anticipated by the majority that after an OMB study--which 
they fully believe will show that on balance this is still a good 
motivator and positive for the workforce--this benefit will rise from 4 
weeks of additional pay to 8 weeks of additional pay for both men and 
women in the Federal workforce at a time in which 14 million Americans 
have no income at all.
  With that, Madam Chair, I hope that the majority will see that 
they're out of touch if they don't think the American people are 
concerned that this is, in fact, showing a disconnect between the 
American people suffering and in fact, the new benefits to the one 
portion of the workforce that is not suffering, the one portion that 
has not seen a pay cut but in fact a pay raise, the one portion that 
has not seen cuts in their numbers but in fact increases in their 
numbers, and that's the wonderful men and women who make up the Federal 
workforce in all areas. They're good people, but they understand. And 
listening tonight, I believe the Federal workers in my district will 
understand that in fact this is a time for them not to look for big 
gains when, in fact, people on both sides of their homes are losing 
their homes.
  So, Madam Chair, I would urge that we not support the bill in its 
current form, and I look forward to the amendment that we plan to offer 
being in fact favorably considered so we can make a bill that balances 
this good effort with those 14 million people who today have no 
solution for parental leave and in fact do not understand why we would 
add 4 or 8 weeks of additional paid time for people at this time no 
matter how well-intentioned.

[[Page 14066]]

  And with that, I yield back the balance of my time.
  Mr. LYNCH. Madam Chair, this bill is narrowly tailored to specific 
circumstances. It would provide 4 weeks of paid parental leave. The 
specific instances are the birth of a new child, an adoption, or 
someone taking a child into foster care. That's how you qualify for 
receiving these 4 weeks of benefits. And I think that this makes a 
strategic investment in the Federal workforce.

                              {time}  1845

  This will help the government retain and attract young talented 
employees; and in so doing, it provides potentially an ultimate savings 
to the American people since there's a direct benefit when the 
government retains existing employees rather than having to hire and 
retrain new ones. We are all familiar with the revolving door in the 
Federal Government, where we bring in people, we train them, they 
become very competent in their areas of expertise, and then private 
industry steals them away because they can offer them much greater 
benefits and much, much higher pay. This provides a basic and decent 
benefit of 4 weeks for the occasions that I mentioned.
  Before closing, I'd like to also point out that the Obama 
administration, in their recently issued statement of administration 
policy on H.R. 626, also recognized the benefits of supporting families 
during the birth of a child, adoption of a child or for foster care. 
According to the President's policy position, the Federal Government 
should reflect its commitment to helping Federal employees care for 
their families as well as serve the public. Measures such as H.R. 626 
support this commitment and strengthen our families, our communities 
and our Nation. Given that statement alone, I urge my fellow Members to 
join me in voting in favor of H.R. 626.
  Mr. VAN HOLLEN. Madam Chair, I rise in strong support of the Federal 
Employees Paid Parental Leave Act.
  H.R. 626 provides four weeks of pay to federal employees to use while 
they are on family or medical leave. Having this option is of special 
importance to our younger employees and employees seeking to start a 
family.
  As the federal workforce ages, the government will have to hire many 
new workers. Indeed, by 2010, more than 50 percent of managers, and 
almost 50 percent of other federal workers will be eligible for 
retirement. The federal government will have to compete with the 
private sector to attract the best and brightest to federal service to 
replace them. But the federal government lacks an important benefit 
enjoyed by 75 percent of Fortune 100 companies--paid leave for parents 
of newborns.
  This legislation permits federal employees to take up to four weeks 
of paid leave for the birth or adoption of a child. For younger 
employees, the lack of paid leave forces them to choose between using 
accrued sick leave or vacation time, which for newer employees is in 
short supply, or to simply go without pay when having a newborn.
  I encourage my colleagues to join me in helping to show the public 
that the federal government values families. Support H.R. 626, the 
Federal Employees Paid Parental Leave Act.
  Mr. STARK. Madam Chair, I rise today in support of H.R. 626, the 
Federal Employees Paid Parental Leave Act of 2009. As a long-time 
advocate of paid family leave, I believe our nation's largest 
employer--the U.S. Government--must also be our nation's model employer 
and set a progressive example for healthy workplace policy. The 
legislation on the floor today will provide real security to those who 
serve our nation's government and their families.
  The 1993 Family and Medical Leave Act (FMLA) was landmark legislation 
that established job-protected leave and it has helped millions of 
workers care for their families without fear of losing their job. The 
FMLA, however, requires only unpaid leave, and many workers must chose 
between taking leave to care for their families or not paying their 
bills. Research has shown that nearly 75 percent of FMLA-eligible 
workers do not take leave because they cannot afford it. Even before 
the hardship caused by the current recession, millions of workers could 
not access family or medical leave because of financial constraints. 
Paid leave is a vital resource to help workers balance their family and 
work obligations.
  Paid parental leave provides benefits well beyond the purely 
monetary. It also benefits our society as a whole. A 1999 report by the 
President's Council of Economic Advisers found that since 1969, 
children have lost 22 hours per week with their parents. Studies have 
shown that increased parental involvement and care giving are linked to 
gains such as shorter hospital stays, improved behavior, and higher 
educational achievements for their children. Providing paid parental 
leave will make leave more accessible, allowing parents to spend more 
time with their children--clearly an investment worth making.
  Individual states have begun to successfully implement paid family 
and medical leave programs. Since 2004, my home state of California has 
led the country in the provision of paid leave and the law has been a 
boon to both the state's families and businesses. According to a 
Harvard study published four years after the enactment of California's 
paid leave policy, California had a lower rate of foreclosures than 
other states due to income loss arising from the need to care for a 
household member. We can and should replicate this success nationwide.
  It is the responsibility of the Federal government to take the lead 
in the promotion of workers' economic security and family-friendly 
policies, which is why I am pleased to lend my full support to the 
Federal Employees Paid Parental Leave Act. Providing parental leave to 
federal workers is an important first step toward what must be our 
ultimate policy goal of providing paid family and medical leave to all 
workers, and I look forward to the day when all workers have the chance 
to care for their families and still be able to pay the bills.
  Mr. POLIS. Madam Chair, I rise in support of H.R. 626, the Federal 
Employees Paid Parental Leave Act of 2009. Let me thank my friend from 
New York, Mrs. Maloney for her continued dedication to this issue. I 
also applaud Chairman Towns and my colleagues on the House Oversight 
and Government Reform Committee for championing the cause of paid 
parental leave for federal employees.
  This legislation helps families employed by the government, offering 
up to four weeks of paid leave for parents to care for a new child. It 
recognizes a fundamental and basic need of new parents, namely, the 
importance of caring for and spending time with their young children.
  As Americans workers struggle to weather the economic storms that 
have beset our nation, we need to ensure that our primary safety net--
the American family--remains strong and intact. In doing so, this bill 
establishes the federal government--as an employer--as a champion for 
the American family, making it a model for the rest of the country to 
follow.
  The Federal government is one of the country's largest employers, 
with over 1.8 million civilian employees. According to the Department 
of Health and Human Services 18,000 women and 24,000 men will qualify 
for parental leave this coming year.
  Under existing law, federal employees are allowed to take unpaid 
parental leave. Sadly, in 2000, it was reported that as many as 78 
percent of these eligible employees did not take leave, simply because 
they could not afford it. Under present economic conditions, the desire 
to remain at work and forgo unpaid leave is even stronger. With the 
government playing such a significant role in the American workforce, 
we can no longer afford to punish such a large portion of our workforce 
for taking a few weeks leave to help raise a child.
  Economic loss affects not just the worker, but all those who rely on 
the head wage-earner for support, and oftentimes the hardest hit group 
is the American family.
  Today, in the midst of a recession, it is essential that working 
parents have the resources to care for and support both themselves and 
their families. This bill provides a necessary lifeline for new parents 
who must simultaneously provide round-the-clock care for their young 
children and keep their jobs in an increasingly competitive and 
shrinking economy.
  Too often, families are forced into a bind, having to choose between 
earning enough to survive and caring for a child. No parent wants to 
decide between a child and work, but under current conditions, many 
federal employees must.
  Families are helpless in this situation, and it is both the employer 
and employees that suffer for it. Federal employers have a high 
turnover rate, due to families searching for employers with better 
benefits or leaving the workforce to care for a child.
  Even more importantly, this bill encourages parents to provide care 
during a period of crucial development for children. The education of 
children starts from day one, and in many ways, it is the earliest 
experiences of a child that will set the course for the rest of their 
life. The care children receive in their earliest days can provide them 
with the necessary building blocks to succeed in school and the 
workforce later on.

[[Page 14067]]

  This bill also takes steps to accommodate the changing and often 
varied types of households that make up the American family, which 
current law does not take into account. Many families today don't have 
a stay-at-home member, making it all the more difficult for working 
parents to accommodate their family needs. Stay-at-home dads, friends, 
partners, siblings, aunts, uncles, or grandparents are all assuming the 
role of primary care-giver. Federal employee benefits need to take 
these new family dynamics into account.
  This legislation will provide a gain to federal employers as well as 
the economy. According to the Congressional Budget Office (CBO), this 
legislation accrues no extra cost for taxpayers. Federal employers can 
save losses from turnover rates and improve retention of some of its 
most reliable and adept employees.
  In times of economic turmoil we must keep families strong. By 
strengthening the family, in turn we strengthen our workforce. Healthy 
families make productive employees and raise engaging and innovative 
children, giving an extra boost to the economy and the current and 
future American workforce.
  Madam Speaker--this legislation is needed today, more than ever 
before! It will create a more progressive and family-oriented benefit 
system for the current federal workforce, setting an example for 
similar positive developments within all sectors of the economy. It 
will help working families to care for and support their young 
children, during a time when economic struggles often overshadow 
parents' most basic duties of childcare.
  On behalf of all those who have spent time in creating this bill, as 
well as almost two million federal employees and their families, I urge 
my colleagues to support and vote ``yes'' on H.R. 626.

                   Statement of Administration Policy


      H.R. 626--Federal Employees Paid Parental Leave Act of 2009

      (Rep. Maloney, D-New York, and 55 cosponsors, June 3, 2009)

       The Administration supports the goal of H.R. 626, which 
     would provide Federal employees with access to paid leave 
     upon the birth, adoption, or fostering of a child.
       Being able to spend time at home with a new child is a 
     critical part of building a strong family. The initial 
     bonding between parents and their new child is essential to 
     healthy child development and providing a firm foundation for 
     the child's success in life. Measures that support these 
     relationships strengthen our families, our communities, and 
     our nation. The Federal government should reflect its 
     commitment to these core values by helping Federal employees 
     to care for their families as well as serve the public. 
     Providing paid parental leave has been successfully employed 
     by a number of private-sector employers, and can help to make 
     job opportunities accessible to more workers.
       The Administration is currently reviewing existing Federal 
     leave policies to determine the extent of their gaps and 
     limitations. The Administration looks forward to working with 
     Congress to refine the details of this legislation to make 
     sure it meets the needs of Federal agencies and employees, as 
     well as their families.

  Mr. LANGEVIN. Madam Chair, I rise in support of H.R. 626, the Federal 
Employees Paid Parental Leave Act, which would provide four weeks of 
paid parental leave and eight weeks of unpaid leave for all federal 
employees after the birth or adoption of a child. Under this measure, 
these employees may also use accrued annual or sick leave to receive 
compensation for the unpaid weeks. Currently, employees may take up to 
twelve weeks of unpaid leave under the Family and Medical Leave Act to 
care for a newborn or adopted child.
  H.R. 626 will help the United States Government compete with the 
private sector in order to recruit the best and brightest employees and 
retain that talent. In 2007, a Government Accountability Office report 
found that countries offering paid parental leave experienced increased 
employee retention and a reduction in the amount of time women spend 
out of the workforce. Disappointingly, the GAO also reported that the 
U.S. lags behind other industrial nations in providing policies that 
support working parents and their children. In fact, 169 countries 
guarantee women leave with income in connection with childbirth.
  The U.S. Census Bureau reports that women are more likely to work 
before and after pregnancy than they were 30 to 40 years ago, and 
Congress must legislate according to the changing makeup of our 
workforce. So far, we have not met that mark. I know that many of my 
colleagues have already met or exceeded the requirements of this bill, 
and I applaud their efforts. I know from firsthand experience that 
allowing new parents guaranteed paid leave helps balance the demands 
between work and family. For the hard work they provide for us, we owe 
our employees the time to enjoy the bonds that matter most in their 
lives.
  I strongly urge my colleagues to support this measure. It is time 
that the Federal Government sets the standard for working parent 
policies.
  Mr. HONDA. Madam Chair, I rise today to express my strong support for 
the Federal Employee Paid Parental Leave Act of 2009 (H.R. 626). As the 
country's largest single employer, the Federal Government is 
responsible for over 2.7 million employees. The Federal Government is 
facing the retirement of 40% of its workforce over the next ten years 
and must be able to compete with private sector opportunities in order 
to attract talented new employees. Under current law, federal employees 
who want paid time off for the birth or adoption of a child only have 
the option of using their accrued sick days and vacation time to 
supplement unpaid leave. It is difficult for relatively new employees 
or those who experience reoccurring health problems to save up enough 
time for paid parental leave. Even for older employees who rarely get 
sick, unpredictable life events can make it equally difficult to accrue 
sufficient parental leave time. Parents should not be forced to choose 
between their new child and their paycheck.
  The Congress' Joint Economic Committee has found that Fortune 100 
firms offer paid leave that typically lasts six to eight weeks. This is 
also consistent with the amount of leave typically offered by 
Congressional offices. The lack of a Paid Parental Leave policy for 
newly born or adopted children puts the Federal Government in the 
minority, not only in relation to U.S. companies but also among 
developed nations. The European Union requires that member countries 
offer 14 weeks of paid maternity leave and most offer more than the 
required amount, and the U.S. is one of only five countries out of 165 
surveyed that does not guarantee paid parental leave.
  The Federal Employee Paid Parental Leave Act of 2009 will make the 
Federal Government a more family-friendly, competitive employer. It 
will cost relatively little compared to the benefit to American 
families and workers that it would bring. It is past time for federal 
employees to enjoy the benefits offered to employees of private 
companies and fix a flaw in our current system.
  Mr. HOYER. Madam Chair, I am proud to support this bill to strengthen 
America's families. Strong families are the cornerstone of our Nation's 
future. They enhance children's well-being, improve their self-esteem, 
and significantly increase the odds that they will succeed in school 
and grow up to be good parents themselves. And study after study shows 
that a strong predictor of child well-being is the degree to which a 
parent and child bond in the first months after birth. The more 
constant and nurturing that bond is in the early months of life, the 
better off that child will be in the years to come.
  One of the most important things Congress did to help parents and 
children strengthen that bond was to pass the Family and Medical Leave 
Act (FMLA) in 1993. It was the first bill signed by President Clinton. 
Under its protection, eligible workers receive 12 weeks of leave every 
year, so that they can care for a newborn or adopted baby, or help a 
loved one recover from illness, or get better themselves--without the 
worry that, when they return, their job will be gone.
  The FMLA has been an outstanding success. But it has not been enough. 
Because the FMLA does not entitle anyone to receive an income while on 
leave, far too many people with the right to leave are unable to take 
it. They rush back to the workplace after giving birth, or send their 
sick children to school, or leave their ailing parents at home to 
somehow make it through the day--because there is no other option. In 
fact, when it comes to the failure to guarantee paid maternity leave, 
America stands virtually alone in the world.
  It's time to realize that a right to paid leave, especially for new 
parents, is more than a family matter--it is a public good that means 
healthier families, more productive children, and, in the end, a 
stronger economy for all of us.
  Today, we have a valuable chance to establish that right for some of 
our most dedicated public servants: Federal employees. Currently, the 
Federal Government does not provide them with paid parental leave. This 
bill would change that--providing four weeks of paid leave to Federal 
employees for the birth, adoption, or foster placement of a child.
  As the Nation's largest employer, the Federal Government has the 
opportunity to set a valuable and lasting example for a responsible 
leave policy. lt is time for America to catch up with the rest of the 
world, and this bill is a vital step in that direction. I urge my 
colleagues to support it.

[[Page 14068]]


  Mr. JOHNSON of Georgia. Madam Chair, I rise in strong support of H.R. 
626, the ``Federal Employees Paid Parental Leave Act of 2009.''
  This legislation will update federal employee benefits to reflect the 
way families live today by providing four weeks of paid parental leave 
for federal employees. The 90,000 federal employees living in my home 
state of Georgia need us to pass this bill.
  A generation ago, the overwhelming majority of families had a mother 
who stayed at home to provide full-time childcare.
  Today, tens of thousands of families depend on the income of more 
than one income-earner to make ends meet.
  When these families prepare to welcome a new child into their homes 
they are often faced with an impossible decision--forgo a paycheck or 
forgo the most critical period of time to care for and bond with their 
new baby.
  As the Nation's largest employer, the Federal Government should lead 
the way in establishing family-friendly leave policies.
  I urge my colleagues to support H.R. 626 to ensure that no federal 
employee is forced to choose between their new child and their job.
   Mrs LOWEY. Madam Chair, I rise today in strong support of the 
Federal Employees Paid Parental Leave Act. This long overdue and 
deficit-neutral measure will make the federal government a more family-
oriented workplace.
  As a mother of three and a grandmother of eight, I understand the 
challenges families face. Balancing work with child care, especially 
after the arrival of a new baby, is a challenge Congress can and must 
do more to address. By providing federal employees with four weeks of 
paid parental leave after the birth or adoption of a child, H.R. 626 is 
an important first step in this worthwhile effort.
  As the nation's largest single employer, the United States government 
should be leading the way in adopting family-friendly employment 
policies, not struggling to catch up. Not only do 75 percent of Fortune 
100 companies already provide paid parental leave, but a Harvard 
University study of 165 nations revealed that the United States joins 
Lesotho, Liberia, Swaziland and Papua New Guinea as the only nations 
that do not guarantee paid parental leave to their federal employees. 
Like many of my colleagues, I am pleased that the House of 
Representatives will act tonight to rectify this embarrassing 
discrepancy.
  According to the Office of Personnel Management, roughly three 
million federal employees or nearly 60 percent of the current federal 
workforce will be eligible to retire within the next ten years. The 
bill under consideration this evening represents a strategic investment 
in the future of our federal workforce, ensuring that the United States 
government is able to recruit and retain young, talented professionals.
  Madam Speaker, with our nation embroiled in two armed conflicts and 
confronting the worst economic recession in decades, I believe that 
this measure is an essential step toward maintaining and enhancing the 
quality of the federal workforce in years to come. I urge my colleagues 
to join me in supporting the Federal Employees Paid Parental Leave Act.
  Mr. LYNCH. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered read for amendment 
under the 5-minute rule.
  The text of the bill is as follows:

                                H.R. 626

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Employees Paid 
     Parental Leave Act of 2009''.

     SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.

       (a) Amendment to Title 5.--Subsection (d) of section 6382 
     of title 5, United States Code, is amended--
       (1) by redesignating such subsection as subsection (d)(1);
       (2) by striking ``subparagraph (A), (B), (C), or'' and 
     inserting ``subparagraph (C) or''; and
       (3) by adding at the end the following:
       ``(2) An employee may elect to substitute for any leave 
     without pay under subparagraph (A) or (B) of subsection 
     (a)(1) any paid leave which is available to such employee for 
     that purpose.
       ``(3) The paid leave that is available to an employee for 
     purposes of paragraph (2) is--
       ``(A) subject to paragraph (6), 4 administrative workweeks 
     of paid parental leave under this subparagraph in connection 
     with the birth or placement involved; and
       ``(B) any annual or sick leave accrued or accumulated by 
     such employee under subchapter I.
       ``(4) Nothing in this subsection shall be considered to 
     require that an employee first use all or any portion of the 
     leave described in subparagraph (B) of paragraph (3) before 
     being allowed to use the paid parental leave described in 
     subparagraph (A) of paragraph (3).
       ``(5) Paid parental leave under paragraph (3)(A)--
       ``(A) shall be payable from any appropriation or fund 
     available for salaries or expenses for positions within the 
     employing agency;
       ``(B) shall not be considered to be annual or vacation 
     leave for purposes of section 5551 or 5552 or for any other 
     purpose; and
       ``(C) if not used by the employee before the end of the 12-
     month period (as referred to in subsection (a)(1)) to which 
     it relates, shall not accumulate for any subsequent use.
       ``(6) The Director of the Office of Personnel Management--
       ``(A) may promulgate regulations to increase the amount of 
     paid parental leave available to an employee under paragraph 
     (3)(A), to a total of not more than 8 administrative 
     workweeks, based on the consideration of--
       ``(i) the benefits provided to the Federal Government of 
     offering increased paid parental leave, including enhanced 
     recruitment and retention of employees;
       ``(ii) the cost to the Federal Government of increasing the 
     amount of paid parental leave that is available to employees;
       ``(iii) trends in the private sector and in State and local 
     governments with respect to offering paid parental leave;
       ``(iv) the Federal Government's role as a model employer; 
     and
       ``(v) such other factors as the Director considers 
     necessary; and
       ``(B) shall prescribe any regulations necessary to carry 
     out this subsection, including, subject to paragraph (4), the 
     manner in which an employee may designate any day or other 
     period as to which such employee wishes to use paid parental 
     leave described in paragraph (3)(A).''.
       (b) Effective Date.--The amendment made by this section 
     shall not be effective with respect to any birth or placement 
     occurring before the end of the 6-month period beginning on 
     the date of the enactment of this Act.

     SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.

       (a) Amendment to Congressional Accountability Act.--Section 
     202 of the Congressional Accountability Act of 1995 (2 U.S.C. 
     1312) is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following: ``In applying section 102(a)(1)(A) and (B) of such 
     Act to covered employees, subsection (d) shall apply.'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Special Rule for Paid Parental Leave for 
     Congressional Employees.--
       ``(1) Substitution of paid leave.--A covered employee 
     taking leave without pay under subparagraph (A) or (B) of 
     section 102(a)(1) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2612(a)(1)) may elect to substitute for any such 
     leave any paid leave which is available to such employee for 
     that purpose.
       ``(2) Amount of paid leave.--The paid leave that is 
     available to a covered employee for purposes of paragraph (1) 
     is--
       ``(A) the number of weeks of paid parental leave in 
     connection with the birth or placement involved that 
     correspond to the number of administrative workweeks of paid 
     parental leave available to Federal employees under section 
     6382(d)(3)(A) of title 5, United States Code; and
       ``(B) any additional paid vacation or sick leave provided 
     by the employing office to such employee.
       ``(3) Limitation.--Nothing in this subsection shall be 
     considered to require that an employee first use all or any 
     portion of the leave described in subparagraph (B) of 
     paragraph (2) before being allowed to use the paid parental 
     leave described in subparagraph (A) of paragraph (2).
       ``(4) Additional rules.--Paid parental leave under 
     paragraph (2)(A)--
       ``(A) shall be payable from any appropriation or fund 
     available for salaries or expenses for positions within the 
     employing office; and
       ``(B) if not used by the covered employee before the end of 
     the 12-month period (as referred to in section 102(a)(1) of 
     the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)(1))) to which it relates, shall not accumulate for 
     any subsequent use.''.
       (b) Effective Date.--The amendment made by this section 
     shall not be effective with respect to any birth or placement 
     occurring before the end of the 6-month period beginning on 
     the date of the enactment of this Act.

     SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT 
                   FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES.

       (a) Amendment to Family and Medical Leave Act of 1993.--
     Section 102(d) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2612(d)) is amended by adding at the end the 
     following:
       ``(3) Special rule for gao and library of congress 
     employees.--
       ``(A) Substitution of paid leave.--An employee of an 
     employer described in section 101(4)(A)(iv) taking leave 
     under subparagraph

[[Page 14069]]

     (A) or (B) of subsection (a)(1) may elect to substitute for 
     any such leave any paid leave which is available to such 
     employee for that purpose.
       ``(B) Amount of paid leave.--The paid leave that is 
     available to an employee of an employer described in section 
     101(4)(A)(iv) for purposes of subparagraph (A) is--
       ``(i) the number of weeks of paid parental leave in 
     connection with the birth or placement involved that 
     correspond to the number of administrative workweeks of paid 
     parental leave available to Federal employees under section 
     6382(d)(3)(A) of title 5, United States Code; and
       ``(ii) any additional paid vacation or sick leave provided 
     by such employer.
       ``(C) Limitation.--Nothing in this paragraph shall be 
     considered to require that an employee first use all or any 
     portion of the leave described in clause (ii) of subparagraph 
     (B) before being allowed to use the paid parental leave 
     described in clause (i) of such subparagraph.
       ``(D) Additional rules.--Paid parental leave under 
     subparagraph (B)(i)--
       ``(i) shall be payable from any appropriation or fund 
     available for salaries or expenses for positions with the 
     employer described in section 101(4)(A)(iv); and
       ``(ii) if not used by the employee of such employer before 
     the end of the 12-month period (as referred to in subsection 
     (a)(1)) to which it relates, shall not accumulate for any 
     subsequent use.''.
       (b) Effective Date.--The amendment made by this section 
     shall not be effective with respect to any birth or placement 
     occurring before the end of the 6-month period beginning on 
     the date of the enactment of this Act.

  The CHAIR. No amendment to the bill is in order except those printed 
in House Report 111-133. Each amendment may be offered only in the 
order printed in the report, by a Member designated in the report, 
shall be considered read, shall be debatable for the time specified in 
the report, equally divided and controlled by the proponent and an 
opponent of the amendment, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.


                  Amendment No. 1 Offered by Mr. Issa

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-133.
  Mr. ISSA. Madam Chair, I have an amendment made in order under the 
rule.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Issa:
       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.

  The CHAIR. Pursuant to House Resolution 501, the gentleman from 
California (Mr. Issa) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. ISSA. Thank you, Madam Chair. I yield myself as much time as I 
may consume.
  My amendment to H.R. 626 is a commonsense amendment. I believe the 
legislation bridges the differences between the majority and the 
minority, recognizing that the Federal workforce should, in fact, be 
able to use accrued and earned time they have, recognizing that it is 
already the policy of many, but not all, Federal agencies to allow all 
accrued leave, both vacation, if you will, and sick leave, to be used 
by somebody wishing to avail themselves of their 12 weeks of family 
medical leave.
  Having said that, we do take away the question of 4 weeks of 
additional paid or 8 weeks of additional paid leave. We recognize, 
though, that not every person, particularly a young family new to the 
Federal workforce, may have accrued leave sufficient to do 12 full 
weeks. Therefore, my amendment allows for that worker to take an 
advance against future sick leave and other leave in order to ensure 
that they may remain with their new child for the full 12 weeks allowed 
within the law. This would, in fact, eliminate the contradiction 
between various government agencies. It would streamline the process. 
It would make clear that no Federal worker would ever have to choose 
between being with their newborn and receiving a paycheck.
  So with that, I urge the strong support of this amendment as a 
commonsense middle ground.
  I reserve the balance of my time.
  Mr. LYNCH. Madam Chair, I rise to claim the time in opposition to the 
amendment.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. LYNCH. I yield myself as much time as I may consume.
  Madam Chair, I absolutely cannot support the amendment at hand, as it 
totally goes against the bill's fundamental purpose. To begin, this 
amendment actually guts the bill. It does little more than restate the 
status quo with regard to the type and amount of leave that is 
currently available to new parents in the Federal Government.
  To be clear, I support H.R. 626 because I want to support working 
families across the country. I oppose the amendment because we should 
not replicate the current inadequate system that forces new moms and 
dads to choose between their paycheck and caring for a newborn. The 
gentleman's amendment, however well intended, would strike the bill's 
core requirement that Federal employees receive 4 weeks of paid 
parental leave. Instead, it would require new mothers and fathers to 
take advance leave in order to take care of their newborn or newly 
adopted child. In other words, new employees would be required to go 
into debt in their available leave as a cost of caring for their child.
  I do want to point out an odd result of the gentleman's amendment. 
For the new employees who have unpaid leave right now, it would force 
them to take unpaid leave at a point in time--for instance, for a new 
mom right after she has the baby, it would force her to take unpaid 
leave; and then later on after the 8 or 12 weeks had expired, at a 
point maybe when that mom was ready to come back to work, it would then 
give those employees, mom and dad, 4 weeks of paid leave. So rather 
than come back to work, they'd be facing the opportunity to take paid 
leave at that point; and I think in some cases it may turn out that 
this may increase the cost. While it actually devalues the benefit to 
the employee up front, it also, by perhaps getting a higher utilization 
rate, in the end may cost the government more money. So it's sort of a 
lose-lose situation. Longer-term

[[Page 14070]]

employees would be required to exhaust any available prior leave before 
being eligible to take the additional advance leave; and under most 
circumstances, they may already do this.
  So the amendment's only alleged new benefit to employees is to allow 
newer hires to go into a deficit on their leave in order to get some 
days paid during their parental leave. But, again, Federal agencies can 
already offer employees advance leave, so there's really no new benefit 
here. The true effect of this amendment is to gut the primary purpose 
of the bill, which is to support families and child development by 
providing 4 weeks of unconditional paid leave to new mothers and 
fathers in the Federal workforce.
  In addition to gutting the bill, the amendment is inequitable because 
it would impact new employees and older employees differently. 
Moreover, the amendment is not good policy because employees should not 
be forced to use up all of their accrued annual sick leave to care for 
a new child. This can leave employees in a desperate situation if any 
emergency arises or if they become seriously ill down the road.
  This amendment is somewhat short-sighted. It ignores the strategic 
investment that H.R. 626 makes in the Federal workforce at a time that 
we need to be attracting young talented employees to prepare for a wave 
of upcoming retirements. Currently we have about 315,000 Federal 
employees that are eligible to retire; and unfortunately those are the 
most experienced and, in some cases, the most ablest employees that we 
have in the Federal Government.
  This amendment ignores the social benefits to society as a whole that 
result from supporting families with progressive work-life policies, 
such as a paid parental leave program. Because this amendment guts the 
pending legislation, I do have to oppose it for all the reasons that I 
have stated in spite of the gentleman's good intentions. I ask that 
Members continue to support the bill and oppose this amendment.
  I reserve the balance of my time.
  Mr. ISSA. Madam Chair, I now proudly yield 1 minute to the ranking 
member of the subcommittee, somebody who is very aware of family values 
and the importance of this legislation, Mr. Chaffetz of Utah.
  Mr. CHAFFETZ. Madam Chair, there's no more precious time than those 
with your children. We want to be as compassionate as we can. But at a 
time when we have literally millions and millions of people who are out 
of work, when we are looking at a $1.8 trillion budget deficit just 
this year alone, I don't want to saddle leave that new child who is 
coming into the world with this unbelievable debt. So it's something 
that I would like to do. But I think what Mr. Issa's amendment offers 
is a very reasonable alternative to create the atmosphere and create 
the program and create the way that our Federal employees can tap into 
something that they have earned. But I think we have an obligation to 
recognize the proper role of government. We have to remember for every 
dollar, every benefit that we want to hand to a Federal worker, we're 
going to have to take that money from somewhere; and we're going to 
have to take it from the American people's pockets to give it to 
someone else.
  The CHAIR. The time of the gentleman has expired.
  Mr. ISSA. I yield an additional 30 seconds to the gentleman.
  Mr. CHAFFETZ. I appreciate what Mr. Issa is proposing here. Let's 
remember that it's the American people's money. It's not Congress' 
money. It's the American people's money. At a time of deficit, now is 
not the time to go out and spend billions of more dollars when we're so 
far in debt.
  Mr. LYNCH. Madam Chair, I am prepared to close and continue to 
reserve the balance of my time.
  The CHAIR. The gentleman from California has 2 minutes remaining. The 
gentleman from Massachusetts has 30 seconds remaining.
  Mr. ISSA. Madam Chair, I yield myself the remaining time.
  Madam Chair, I just want to review one more time why we believe that 
doing this within the existing means of the program dollars that are 
already available to the Federal workforce is a commonsense compromise.
  Meeting the majority halfway, recognizing that 14 million Americans 
are making no money, except for their unemployment insurance, and those 
who are making so much less this year demand that we find ways not to 
increase our spending. So, Madam Chair, I would just like to review one 
last time. The Federal workforce, if you've been in for only 3 years, 
you have 4 weeks of paid vacation and 13 days, which is nearly 3 weeks, 
of sick leave per year. You already have that every year. Isn't it 
family values to be willing to give up some of that to be able to stay 
with your family? Why wouldn't you use some of that first?
  Madam Chair, I want to recognize that the Federal workforce is a good 
workforce, and we want it to be a great workforce. But at a time in 
which 14 million Americans are looking for jobs, we are actually not 
having a hard time finding people who would like to come to work for 
the Federal Government. We're offering jobs. We're hiring. We're 
growing. So if we're ever going to need an inducement, it will be at a 
boom time, at a time in which we have to compete against higher 
salaries and bonuses, not at a time in which Americans are suffering 
and being laid off in record numbers.
  Lastly, Madam Chair, I would like to refer to the President's 
statement, which was quite a weak statement, in support of this bill. 
He recites the bill and then says, ``The administration is currently 
reviewing existing Federal leave policies to determine the extent of 
their gaps and limitations. The administration looks forward to working 
with Congress to refine the details of this legislation to make sure it 
meets the needs of the Federal agencies and employees, as well as their 
families.''
  Madam Chair, what that says to me is, this is not the right bill. 
They'd like to work with us to make it better. Hopefully this amendment 
will make it better here today.
  I yield back the balance of my time.
  Mr. LYNCH. Madam Chair, for the purpose of closing, I would like to 
yield the balance of my time to the gentlewoman from New York (Mrs. 
Maloney) who, along with Congressman Hoyer, has championed this bill 
for the past 15 years.
  The CHAIR. The gentlewoman from New York is recognized for 30 
seconds.

                              {time}  1900

  Mrs. MALONEY. I appreciate my colleagues' hard work and effort, but I 
rise in opposition to this amendment. The amendment would do absolutely 
nothing but maintain the status quo. It asks Federal employees to 
continue to cobble together sick and annual leave if they want to get a 
paycheck while they care for their new child.
  This policy does not help relatively new employees, younger workers, 
or those with health problems who have little accrued leave to draw on. 
And it also puts the health and well-being of our employees and their 
families at risk.
  The CHAIR. The time of the gentlewoman has expired.
  Mrs. MALONEY. I would like to place in the Record the Statement of 
Administration Policy.

                   Statement of Administration Policy


      H.R. 626--Federal Employees Paid Parental Leave Act of 2009

             (Rep. Maloney, D-New York, and 55 cosponsors)

       The Administration supports the goal of H.R. 626, which 
     would provide Federal employees with access to paid leave 
     upon the birth, adoption, or fostering of a child.
       Being able to spend time at home with a new child is a 
     critical part of building a strong family. The initial 
     bonding between parents and their new child is essential to 
     healthy child-development and providing a firm foundation for 
     the child's success in life. Measures that support these 
     relationships strengthen our families, our communities, and 
     our nation. The Federal government should reflect its 
     commitment to these core values by helping Federal employees 
     to care for their families as well as serve the public. 
     Providing paid parental leave has been successfully employed 
     by a number of private-sector employers, and can help to make 
     job opportunities accessible to more workers.
       The Administration is currently reviewing existing Federal 
     leave policies to determine

[[Page 14071]]

     the extent of their gaps and limitations. The Administration 
     looks forward to working with Congress to refine the details 
     of this legislation to make sure it meets the needs of 
     Federal agencies and employees, as well as their families.

  The CHAIR. The question is on the amendment offered by the gentleman 
from California (Mr. Issa).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. ISSA. Madam Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from California will be 
postponed.


            Amendment No. 2 Offered by Mr. Al Green of Texas

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-133.
  Mr. AL GREEN of Texas. Madam Chairman, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Al Green of Texas:
       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)''.

  The CHAIR. Pursuant to House Resolution 501, the gentleman from Texas 
(Mr. Al Green) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. AL GREEN of Texas. Madam Chair, I yield myself such time as I 
might consume.
  Madam Chair, this bill allows OPM, that is the Office of Personnel 
Management, to increase the amount of paid parental leave up to 8 
weeks. It allows this after considering a variety of factors: benefits 
to the Federal Government, cost to the Federal Government, trends in 
the private sector, the government's role as a model employer, and such 
other factors as the director considers necessary.
  This amendment, Madam Chair, will require the Office of Personnel 
Management to consider the needs of some of our lower-level employees. 
This amendment would not require any additional funding. It merely 
requires the office to consider the impact that increasing the number 
of weeks will have on some of our lower-level employees.
  Now, I would like to introduce a term that I'm not exceedingly 
pleased with. It is called a ``poverty spell.'' A poverty spell is 
defined as entering poverty for at least 2 months. Twenty-five percent 
of all poverty spells begin with the birth of a child, 25 percent. I 
would also note that 78 percent of the persons who are eligible for 
FMA, this leave that we have been discussing today, do not take it 
because they cannot afford to lose a paycheck.
  No one should go into poverty because of the birth of a child if we 
can prevent it. This bill will help many of our lower-level employees 
avoid a poverty spell.
  I will reserve the balance of my time.
  Mr. ISSA. Madam Chair, because there is no objection to this 
commonsense evaluation as to the low-income and economically 
disadvantaged, we claim in opposition and then yield back immediately.
  Mr. AL GREEN of Texas. Madam Chair, I will yield to the manager such 
time as he may consume.
  Mr. LYNCH. I want to thank the gentleman for his thoughtful and 
prudent amendment, and we are prepared to accept it at this time.
  Mr. AL GREEN of Texas. At this time, Madam Chair, I'm grateful to Mr. 
Lynch. I'm also grateful to Mrs. Maloney for her outstanding work on 
this. It has been a tireless effort over many years, and I'm honored 
that they are accepting this amendment. And I am going to ask all of my 
colleagues to please vote for it if a recorded vote is called for. I 
shall not be calling for one.
  I yield back.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Al Green).
  The amendment was agreed to.


                 Amendment No. 3 Offered by Mr. Bright

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 111-133.
  Mr. BRIGHT. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Bright:
       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.

  The CHAIR. Pursuant to House Resolution 501, the gentleman from 
Alabama (Mr. Bright) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Alabama.
  Mr. BRIGHT. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, I rise today in support of my amendment to the Federal 
Employees Paid Parental Leave Act. Put simply, this amendment would 
ensure that Federal employees called to active duty in the National 
Guard or Reserves are not penalized for their service. It would clarify 
the intent of the bill so that these individuals can count the time 
they serve in active duty towards the time they are employed so they 
may remain eligible for the benefits under this bill.
  Too often we have seen our servicemen and women across all branches 
denied the benefits they rightly deserve due to governmental red tape. 
There is absolutely no reason that National Guard or reservists should 
be denied any of the benefits they deserve after honorably serving 
their country.
  Again, this amendment will allow members of the Guard and Reserve to 
be able to count the time they were deployed towards their total time 
of employment. If passed, this amendment will give the men and women 
who have served our country needed time with their newborns and tend to 
their family responsibilities after a birth. This time is even more 
important when you consider that these warriors have already spent 
months on end away from their families.
  Madam Chair, this amendment is simple and straightforward. It 
clarifies the intent of the bill for our guardsmen and our guardswomen 
and our reservists and ensures that they won't be penalized for their 
service to our great country.
  I urge its passage.
  I reserve the balance of my time.
  Mr. ISSA. Madam Chair, although we do not object to this, we claim 
the time in opposition.
  The CHAIR. Without objection, the gentleman from California is 
recognized for 5 minutes.

[[Page 14072]]

  There was no objection.
  Mr. ISSA. Madam Chair, briefly, this amendment seems to be a good one 
that would try to clarify some of the many, many, many, many elements 
of this bill that were not worked through thoroughly in committee, so I 
applaud the gentleman. I believe that, in fact, if we would have done 
more of this in committee, if more people would have looked and said, 
We want, as the committee that is charged by the Congress to fight 
waste, fraud, and abuse, that, in fact, if we had tightened up this 
bill much better earlier, we would have been more accountable to the 
taxpayers.
  So I applaud the gentleman and recommend that this be voted 
positively.
  I yield back all time.
  Mr. BRIGHT. Madam Chair, I would yield 1 minute of my time to Mr. 
Lynch.
  Mr. LYNCH. I thank the gentleman for yielding.
  I also thank the gentleman from Alabama for his thoughtful amendment. 
This amendment makes certain that Federal employees who are members of 
the National Guard or Reserve will remain eligible for this benefit and 
be able to care for their newborn children in the same manner as all 
other employees. I thank the gentleman for his astute observations and 
his clarification.
  I urge the Members to support this amendment.
  Mr. BRIGHT. Madam Chair, in closing, I would like to thank 
Congresswoman Maloney from New York. Thank you very much for your hard 
work on this, and also Chairman Towns and his staff on the Oversight 
and Government Reform Committee for their attention to this issue and 
for working with my staff to draft this amendment. I would also like to 
thank Chairwoman Slaughter on the Rules Committee for ruling in favor 
of the amendment and allowing me to offer it on the floor today. 
Finally, I want to thank my colleagues for their continuing support and 
commitment on this issue. And, again, I urge all my colleagues to 
support this amendment.
  I yield back my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Alabama (Mr. Bright).
  The amendment was agreed to.


                  Amendment No. 1 Offered by Mr. Issa

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from California (Mr. Issa) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 157, 
noes 258, not voting 24, as follows:

                             [Roll No. 308]

                               AYES--157

     Aderholt
     Akin
     Alexander
     Austria
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Kosmas
     Lamborn
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--258

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boccieri
     Boren
     Boucher
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--24

     Baca
     Bachmann
     Barrett (SC)
     Blumenauer
     Bordallo
     Boswell
     Boyd
     Capuano
     Carter
     Courtney
     Davis (IL)
     Giffords
     Hinojosa
     Jackson-Lee (TX)
     Johnson (GA)
     Marchant
     Rogers (MI)
     Ruppersberger
     Sablan
     Sanchez, Linda T.
     Skelton
     Stearns
     Sullivan
     Wilson (OH)


                       Announcement by the Chair

  The CHAIR (during the vote). There are 2 minutes remaining in this 
vote.

                              {time}  1934

  Messrs. ROTHMAN of New Jersey, RODRIGUEZ, PALLONE, BERMAN, HILL, 
SCOTT of Georgia, Ms. WASSERMAN SCHULTZ and Mrs. MALONEY changed their 
vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mrs. BACHMANN. Madam Chair, on rollcall No. 308, had I been present, 
I would have voted ``aye.''
  Mr. STEARNS. Madam Chair, on rollcall No. 308, I was unavoidably 
detained. Had I been present, I would have voted ``aye.''
  Ms. GIFFORDS. Madam Chair, on rollcall No. 308, I arrived on the 
floor and the vote

[[Page 14073]]

had closed. Had I been present, I would have voted ``nay.''
  The CHAIR. There being no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs. 
Tauscher) having assumed the chair, Ms. DeGette, Chair of the Committee 
of the Whole House on the state of the Union, reported that that 
Committee, having had under consideration 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, pursuant 
to House Resolution 501, she reported the bill back to the House with 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment reported from the 
Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. ISSA. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. ISSA. In its present form, yes, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mr. Issa moves to recommit the bill H.R. 626 to the 
     Committee on Oversight and Government Reform with 
     instructions to report the bill back to the House forthwith 
     with the following amendment:

       At the end of the bill, add the following:

     SEC. 5. LIMITATION.

       (a) In General.--Notwithstanding any other provision of 
     this Act, if the deficit for fiscal year 2009 or any 
     subsequent fiscal year exceeds $500,000,000,000, the 
     amendments made by this Act shall terminate as of the 30th 
     day of the next fiscal year thereafter.
       (b) Deficit Defined.--For purposes of this section, the 
     ``deficit'' for a fiscal year is the amount by which total 
     outlays of the Government for such fiscal year exceed total 
     receipts of the Government for such fiscal year, if at all.

  Mr. ISSA (during the reading). Madam Speaker, I ask unanimous consent 
that the motion to recommit be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.


                             General Leave

  Mr. ISSA. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ISSA. Madam Speaker, the motion to recommit would ensure that 
nearly 14 million Americans who have lost their jobs will not see an 
additional 1, 2 or $4 billion of the new benefits paid to Federal 
workers unless this Congress is able to get its house in order.
  Under the motion to recommit, we recognize that according to the 
Office of Management and Budget the deficit is currently approximately 
$1.841 trillion. The motion will very simply tie the enactment of this 
new and expensive and overly generous benefit to the national debt.
  The motion dictates that if the deficit for any fiscal year exceeds 
$500 billion, the act will then terminate on the 30th day of the next 
fiscal year.
  Madam Speaker, in a commonsense way, it means we can have this 
expensive--we object to it--but this expensive new benefit go into 
effect this year, but if this House and this Congress cannot get its 
house in order in the following years, then this act would not 
continue.
  We believe that this is the last and best effort to try to reach a 
compromise to allow the majority to have its way on this expensive, new 
benefit but not allow it to continue on the backs of 14 million 
unemployed Americans, until or unless we're able to bring the deficit 
at least in line with where it was just two short years ago.
  Madam Speaker, in closing I believe that the majority in this case 
has ignored one after another commonsense opportunities to amend this 
bill. In committee, we were shut out; here on the floor, each of our 
amendments, including one that would have simply allowed for every 
Federal worker to have 12 weeks of paid medical leave in the case of 
the birth, adoption or taking on of a foster child, but to do so with 
existing benefits, including sick leave, even allowing them to borrow 
sick leave.
  Since that's been rejected, our motion to recommit seeks only to 
recognize that this new benefit on the backs of 14 million unemployed 
Americans and countless millions who are making much less this year 
than last year cannot be sustained if we cannot bring our fiscal house 
in order.
  And with that, I would urge passage of the motion to recommit.
  I yield back the balance of my time.
  Mr. LYNCH. Madam Speaker, I claim the time in opposition to the 
motion to recommit.
  The SPEAKER pro tempore. The gentleman from Massachusetts is 
recognized for 5 minutes.
  Mr. LYNCH. Madam Speaker, I oppose the motion to recommit for the 
basic reason that it guts the entire bill. If this amendment were to 
pass, we would leave Federal employees exactly where we find them 
today.
  I also want to comment on the mechanics of the motion to recommit. It 
basically prohibits paying parental leave to Federal employees until 
the deficit is below $500 billion. I view it, I guess, that somehow 
that is the justification for not extending these benefits.
  However, history and the evidence before us does not support this 
position. It's disingenuous.
  I just want to point out a couple of things. Briefly, I just want to 
lay out what the record is here. My friends from the other side of the 
aisle have been consistent, and I give them credit for that. Whether we 
have been projecting a surplus or a deficit, the Members from the 
Republican Party have been opposed to this parental leave under every 
circumstance that we could possibly face here.
  When during the Clinton administration we had projected surpluses, 
the Republican Members opposed parental leave. In June of 2008 when the 
majority of the Republicans opposed this important benefit, the 
unemployment rate was only 5.6 percent, and we had a very strong 
economy.
  During the 109th Congress when Republicans again refused to bring 
this legislation to the floor, the unemployment rate was never higher 
than 5.4 percent.
  During the 108th Congress when the Republicans again refused to bring 
parental leave to the floor, the unemployment rate was averaging about 
5.8 percent.
  During the 107th Congress when the Republicans refused to bring this 
legislation to the floor, the unemployment rate never rose above 6 
percent and was below 4.5 percent for most of 2001.
  And again, during the 106th Congress when Republicans refused to 
bring legislation to the floor for parental leave, the unemployment 
rate hovered around 4 percent, which most economists believe is near 
full employment.
  So, regardless of the circumstances, my friends--and again, I commend 
you for your consistency--you have opposed parental leave, which is a 
basic and decent benefit for folks in three circumstances: When they 
have the birth of a child, Federal employees have a birth of a child; 
the adoption of a child; or taking a child in for foster care.
  Those are the narrow set of circumstances that this benefit is 
applied to. Madam Speaker, this is the 15th year--15 years ago this 
bill was brought to this floor, and it's been opposed by my friends on 
the other side

[[Page 14074]]

of the aisle for that 15 years, and we all know our positions, and with 
that, I ask the Members to support this measure.
  I yield back the balance of my time.

                              {time}  1945

  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. ISSA. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 171, 
noes 241, not voting 21, as follows:

                             [Roll No. 309]

                               AYES--171

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell
     Cantor
     Capito
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Kosmas
     Lamborn
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--241

     Abercrombie
     Ackerman
     Altmire
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boccieri
     Boren
     Boucher
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Costello
     Crowley
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--21

     Baca
     Blumenauer
     Boswell
     Boyd
     Camp
     Capuano
     Carter
     Conyers
     Courtney
     Davis (IL)
     Hinojosa
     Jackson-Lee (TX)
     Johnson (GA)
     Kennedy
     Marchant
     Rogers (MI)
     Ruppersberger
     Sanchez, Linda T.
     Skelton
     Sullivan
     Wilson (OH)

                              {time}  2003

  Mr. HALL of New York changed his vote from ``aye'' to ``no.''
  Messrs. ADLER of New Jersey and CUELLAR changed their vote from 
``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mrs. MALONEY. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 258, 
noes 154, answered ``present'' 1, not voting 20, as follows:

                             [Roll No. 310]

                               AYES--258

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boccieri
     Boren
     Boucher
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Buyer
     Cao
     Capito
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz

[[Page 14075]]


     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                               NOES--154

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     Kanjorski
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Kosmas
     Lamborn
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (KY)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Schrader
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Souder
     Stearns
     Stupak
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Kaptur
       

                             NOT VOTING--20

     Baca
     Blumenauer
     Boswell
     Boyd
     Camp
     Capuano
     Carter
     Courtney
     Davis (IL)
     Hinojosa
     Jackson-Lee (TX)
     Johnson (GA)
     Marchant
     Rogers (MI)
     Ruppersberger
     Sanchez, Linda T.
     Skelton
     Sullivan
     Waters
     Wilson (OH)

                              {time}  2011

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________