[House Report 110-807]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-807
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1338) TO AMEND THE FAIR
LABOR STANDARDS ACT OF 1938 TO PROVIDE MORE EFFECTIVE REMEDIES TO
VICTIMS OF DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF SEX,
AND FOR OTHER PURPOSES
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July 30, 2008.--Referred to the House Calendar and ordered to be
printed
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Ms. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1388]
The Committee on Rules, having had under consideration
House Resolution 1388, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1338, the
``Paycheck Fairness Act,'' under a structured rule. The rule
provides one hour of general debate equally divided and
controlled by the chairman and ranking minority member of the
Committee on Education and Labor. The rule waives all points of
order against consideration of the bill except clauses 9 and 10
of rule XXI. The rule provides that the amendment in the nature
of a substitute recommended by the Committee on Education and
Labor now printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the amendment in the nature of a substitute except for clause
10 of rule XXI. This waiver does not affect the point of order
available under clause 9 of rule XXI (regarding earmark
disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) the Committee is not aware of any points of order. The
waiver of all points of order is prophylactic. The waiver of
all points of order (except clause 10 of rule XXI) against the
amendment in the nature of a substitute includes a waiver of
clause 7 of rule XVI regarding germaneness.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 581
Date: July 30, 2008.
Measure: H.R. 1338.
Motion by: Mr. McGovern.
Summary of motion: To make in order an amendment by Rep.
Myrick (NC), #5, which would add a new title, comprising of the
text of H.R. 6108, regarding energy resources development.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Bean (IL): Would strike Section 3(b), ``Application of
Provisions,'' from the bill. (10 minutes)
2. Price, Tom (GA): Would direct the Secretary of Labor to
study and report back to Congress within 90 days the effect of
the Equal Pay Act amendments contained in the bill (section 3)
on employers' ability to recruit and hire employees regardless
of gender; the effective date of these amendments is delayed
pending the Secretary's report. If the Secretary finds that
these amendments are likely to significantly hinder employers'
ability to hire and recruit employees regardless of gender,
they do not go into effect. (10 minutes)
3. Altmire (PA): Would delay the effective date of the bill
by six months from the time of enactment. The amendment
requires the Department of Labor to educate small businesses
about what is required under law and assist them with
compliance. (10 minutes)
4. Giffords (AZ): Would clarify that a plaintiff must show
intent (malice or reckless indifference) to recover punitive
damages. (10 minutes)
5. Cazayoux (LA): Would clarify that nothing in the
Paycheck Fairness Act would affect the obligation of employers
and employees to fully comply with all the applicable
immigration laws. (10 minutes)
6. Flake (AZ): Would prohibit the grant program created by
the Paycheck Fairness Act from being used for Congressional
earmarks. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Bean of Illinois, or
Her Designee, Debatable for 10 Minutes
Page 8, line 23, strike ``(b) Application of Provisions'' and
all that follows through page 9, line 4.
Page 9, line 5, strike ``(c)'' and insert ``(b)''.
Page 10, line 12, strike ``(d)'' and insert ``(c)''.
Page 11, line 18, strike ``(e)'' and insert ``(d)''.
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2. An Amendment To Be Offered by Representative Price of Georgia, or
His Designee, Debatable for 10 Minutes
Page 12, after line 20, insert the following:
(f) Conditional Implementation.--
(1) Conditional effective date.--Subject to
subparagraph (3), this section and the amendments made
by this section shall become effective on the date that
is 90 days after the Secretary transmits to Congress
the report required under subparagraph (2).
(2) Study on recruitment and hiring of employees.--
The Secretary shall conduct a study to determine the
effect of the requirements of this section and the
amendments made under this section on the ability of
employers to recruit and hire employees irrespective of
gender, and not later than 90 days after the date of
enactment of this Act, shall transmit to Congress a
report containing the findings of such study.
(3) Determination by secretary.--This section and the
amendments made by this section shall not take effect
if the Secretary finds that the requirements of this
section may significantly hinder employers' recruitment
and hiring of employees irrespective of gender.''
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3. An Amendment To Be Offered by Representative Altmire of
Pennsylvania, or His Designee, Debatable for 10 Minutes
Page 21, after line 3, insert the following:
SEC. 11. SMALL BUSINESS ASSISTANCE.
(a) Effective Date.--This Act and the amendments made by this
Act shall take effect on the date that is 6 months after the
date of enactment of this Act
(b) Technical Assistance Materials.--The Secretary of Labor
and the Commissioner of the Equal Employment Opportunity
Commission shall jointly develop technical assistance material
to assist small businesses in complying with the requirements
of this Act and the amendments made by this Act.
(c) Small Businesses.--A small business shall be exempt from
the provisions of this Act to the same extent that such
business is exempt from the requirements of the Fair Labor
Standards Act pursuant to section 3(s)(1)(A)(i) and (ii) of
such Act.
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4. An Amendment To Be Offered by Representative Giffords of Arizona, or
Her Designee, Debatable for 10 Minutes
Page 10, beginning on line 17, strike ``damages or'' and
insert ``damages, or, where the employee demonstrates that the
employer acted with malice or reckless indifference,''.
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5. An Amendment To Be Offered by Representative Cazayoux of Louisiana,
or His Designee, Debatable for 10 Minutes
Page 21, after line 3, insert the following:
SEC. 11. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendments made by this Act,
shall affect the obligation of employers and employees to fully
comply with all applicable immigration laws, including any
penalties, fines, or other sanctions.
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6. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
Page 21, line 2, strike ``There are'' and insert ``(a)
Authorization of Appropriations.--There are''.
Page 21, after line 3 insert the following:
(b) Prohibition on Earmarks.--None of the funds appropriated
pursuant to subsection (a) for purposes of the grant program in
section 5 of this Act may be used for a Congressional earmark
as defined in clause 9(d) of rule XXI of the Rules of the House
of Representatives.