[House Report 110-718]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-718

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5781) TO PROVIDE THAT 8 
OF THE 12 WEEKS OF PARENTAL LEAVE MADE AVAILABLE TO A FEDERAL EMPLOYEE 
              SHALL BE PAID LEAVE, AND FOR OTHER PURPOSES

                                _______
                                

   June 17, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1277]

    The Committee on Rules, having had under consideration 
House Resolution 1277, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5781, the 
``Federal Employees Paid Parental Leave Act of 2008,'' under a 
structured rule. The resolution provides for one hour of debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Oversight and Government 
Reform.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides the amendment in the 
nature of a substitute recommended by the Committee on 
Oversight and Government Reform shall be considered as adopted 
and the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions of the 
bill. This waiver does not affect the point of order available 
under clause 9 of rule XXI (regarding earmark disclosure).
    The resolution makes in order the amendment printed in this 
report if offered by Rep. Davis of Illinois or his designee. 
The resolution waives all points of order against such 
amendment except those arising under clause 9 or 10 of rule 
XXI. The amendment made in order shall be considered as read 
and shall be debatable for 10 minutes equally divided by the 
proponent and an opponent.
    The resolution provides one motion to recommit with or 
without instructions. Finally, notwithstanding the operation of 
the previous question, the Chair may postpone further 
consideration until a time designated by the Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
bill and its consideration (except for those arising under 
clause 9 or 10 of rule XXI), the Committee is not aware of any 
specific points of order. The waivers of all points of order 
against the bill and against its consideration are 
prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 539

    Date: June 17, 2008.
    Measure: H.R. 5781.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea.

Rules Committee record vote No. 540

    Date: June 17, 2008.
    Measure: H.R. 5781.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Issa, #3, which strikes the 
new paid parental leave benefit but allows federal employees to 
use paid sick leave for parental leave upon birth or placement 
of adoption.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea.

Rules Committee record vote No. 541

    Date: June 17, 2008.
    Measure: H.R. 5781.
    Motion By: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Issa, which requires agencies 
to provide employees an entitlement of 4 weeks advance leave 
that would be repaid.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea.

                   SUMMARY OF AMENDMENT MADE IN ORDER

    (Summary derived from information provided by sponsor.)
    1. Davis, Danny (IL): Would make certain technical and 
conforming changes to the bill, would strike a requirement for 
a study by the Government Accountability Office, and would make 
section 4 not effective with respect to births or placements 
occurring within 6 months of the enactment of the Act. (10 
minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

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

  Page 3, line 7, strike ``subchapter'' and insert 
``subsection''.
  Page 3, beginning on line 8, strike ``require--'' and all 
that follows through line 17, and insert ``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).''.
  Page 4, line 11, strike ``of the following factors'' and 
insert
``of--''.
  Page 4, line 13, strike ``offering paid'' and insert 
``offering increased paid''.
  Page 5, line 3, strike ``(4)(B)'' and insert ``(4)''.
  Page 5, line 7, strike ``amendments'' and insert 
``amendment''.
  Page 5, line 17, insert ``of such Act'' after ``section 
102(a)(1)(A) and (B)''.
  Page 6, beginning on line 2, strike ``subparagraphs'' and 
insert ``subparagraph''.
  Page 6, line 20, strike ``section'' and insert 
``subsection''.
  Page 6, beginning on line 21, strike ``require--'' and all 
that follows through page 7, line 5, and insert ``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).''.
  Page 7, line 17, strike ``amendments'' and insert 
``amendment''.
  Page 8, line 4, strike ``Section'' and insert ``(a) Amendment 
to Family and Medical Leave Act of 1993.--Section''.
  Page 8, line 11, strike ``subparagraphs'' and insert 
``subparagraph''.
  Page 8, line 18, strike ``paragraph (1)'' and insert 
``subparagraph (A)''.
  Page 9, beginning on line 4, strike ``require--'' and all 
that follows through line 15, and insert ``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.''.
  Page 9, line 20, strike ``employers'' and insert ``the 
employer''.
  Page 9, line 23, strike ``employers'' and insert 
``employer''.
  Page 10, after line 2, insert the following:
  (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.
  Strike section 5.

                                  
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