H.R. 3845. An Act making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1997, and for other purposes. The message also announced that the Senate insists upon its amendments to the bill (H.R. 3845) “An act making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1997, and for other purposes,” requests a conference with the House on the disagreeing votes of the two Houses thereon, and appoints Mr. JEFFORDS, Mr. CAMPBELL, Mr. HATFIELD, Mr. KOHL, and Mr. INOUYE to be the conferees on the part of the Senate. Ordered, That the Clerk notify the Senate of the foregoing appointments. 195.11 DISTRICT OF COLUMBIA APPROPRIATIONS On motion of Mr. WALSH, by unanimous consent, the bill (H.R. 3845) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against revenues of said District for the fiscal year ending September 30, 1997, and for other purposes; together with the amendments of the Senate thereto, was taken from the Speaker's table. When on motion of Mr. WALSH, it was, Resolved. That the House disagree to the amendments of the Senate and agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon. Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous consent, appointed of Messrs. WALSH, BONILLA, KINGSTON, FRELINGHUYSEN, NEUMANN, PARKER, LIVINGSTON, DIXON, SERRANO, Ms. KAPTUR, and Mr. OBEY, as managers on the part of the House at said conference. Ordered, That the Clerk notify the Senate thereof. NAYS-175 Abercrombie Gibbons Oberstar Obey Olver Ortiz Orton Owens Pallone Pastor Payne (NJ) Pelosi Pomeroy Poshard Jackson (IL) Quinn Browder Jackson-Lee Rahall Brown (CA) (TX) Rangel Reed Roemer Rose Roybal-Allard Kennedy (MA) Rush Clyburn Kennedy (RI) Sabo Sanders Sawyer Schroeder Schumer Scott Serrano Skaggs Skelton Spratt Stark Stokes Stupak Tanner Taylor (MS) Tejeda Thompson Thornton Thurman McDermott Torres Towns Traficant Velazquez Vento Visclosky Volkmer Ward Filner McDonald Waters Miller (CA) Watt (NC) Waxman Williams Wilson Wise Woolsey Wynn Yates McDade Murtha Nethercutt Hastings (FL) Peterson (FL) Quillen Scarborough Hutchinson Seastrand Studds Torricelli Young (FL) A motion to reconsider the vote whereby said resolution was agreed to was, by unanimous consent, laid on the table. 195.8 MILITARY CONSTRUCTION APPROPRIATIONS On motion of Mrs. VUCANOVICH, by unanimous consent, the bill (H.R. 3517) making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for fiscal year ending September 30, 1997, and for other purposes; together with the amendments of the Senate thereto, was taken from the Speaker's table. When on motion of Mrs. VUCANOVICH, it was, Resolved, That the House disagree to the amendments of the Senate and agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon. 195.9 MOTION TO INSTRUCT CONFEREES H.R. 3517 Mr. HEFNER moved that the managers on the part of the House at the conference on the disagreeing votes of the two Houses on H.R. 3517, be instructed not to provide funding for projects which have not been authorized. After debate, By unanimous consent, the previous question was ordered on the motion to instruct the managers on the part of the House. The question being put, viva voce, Will the House agree to said motion? The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had it. So the motion to instruct the managers on the part of the House agreed to. A motion to reconsider the whereby said motion was agreed to was, by unanimous consent, laid on the table. 195.12 ADJOURNMENT OF THE TWO HOUSES Mr. ARMEY, submitted the following privileged concurrent resolution (H. Con. Res. 203): Resolved by the House of Representatives (the Senate concurring). That, in consonance with section 132(a) of the Legislative Reorganization Act of 1946, when the House adjourns on the legislative day of Thursday, August 1, 1996, Friday, August 2, 1996, or Saturday, August 3, 1996, pursuant to a motion made by the majority leader or his designee, it stand adjourned until noon on Wednesday, September 4, 1996, or until noon on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the Senate recesses or adjourns at the close of business on Thursday, August 1, 1996, Friday, August 2, 1996, Saturday, August 3, 1996, or Sunday, August 4, 1996, pursuant to a motion made by the majority leader or his designee in accordance with this resolution, it stand recessed or adjourned until noon on Tuesday, September 3, 1996, or until such time on that day as may be specified by the majority leader or his designee in the motion to recess or adjourn, or until noon on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution, whichever occurs first. Sec. 2. The Speaker of the House and the majority leader of the Senate, acting jointly after consultation with the minority leader of the House and the minority leader of the House and the minority leader of the Senate, shall notify the Members of the House and Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it. The question being put, viva voce, Will the House agree to said concurrent resolution? The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had it. Mr. FRANK of Massachusetts objected to the vote on the ground that a 195.7 FURTHER MESSAGE FROM THE SENATE A further message from the Senate by Mr. Lundregan, one of its clerks, announced that the Senate had passed with amendments in which the concurrence of the House is requested, a bill of the House of the following title: 195.10 APPOINTMENT OF CONFEREES H.R. 3517 Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous consent, appointed Mrs. VUCANOVICH, Messrs. CALLAHAN, MCDADE, MYERS, PORTER, HOBSON, WICKER, LIVINGSTON, HEFNER, FOGLIETTA, TORRES, DICKS and OBEY, as managers on the part of the House at said conference. 195.13 195.15 MOTION TO INSTRUCT CONFEREES—H.R. 3448 Mr. CLAY moved that the managers on the part of the House at the conference on the disagreeing votes of the two Houses on H.R. 3448, be instructed to report as soon as possible their resolution of the differences between the Houses, because the minimum wage is at its lowest real value in 40 years and because working families deserve a raise. After debate, By unanimous consent, the previous question was ordered on the motion to instruct the managers on the part of the House. The question being put, viva voce, Will the House agree to said motion? The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had it. Mr. CLAY objected to the vote on the ground that a quorum was not present and not voting. A quorum not being present, The roll was called under clause 4. rule XV, and the call was taken by electronic device. Yeas 365 When there appeared Nays 26 Allard 195.16 Cardin Owens Jackson (IL) Pallone Clayton Jackson-Lee Pastor Clement (TX) Payne (NJ) Pomeroy Johnson (SD) Poshard Reed Richardson Rivers Kennedy (MA) Roemer Kennedy (RI) Rose Roybal-Allard Rush Sabo Sanders Sawyer Schroeder Schumer Lewis (GA) Scott Serrano Skaggs Skelton Slaughter Spratt Stark Stenholm Stokes Stupak Tanner McDermott Taylor (MS) Tejeda Thompson Thornton Thurman Torres Towns Velazquez McDonald Vento Visclosky Volkmer Ward Waters Watt (NC) Waxman Wise Woolsey Wynn Yates Ortiz Hinchey Orton NOT VOTING—34 Baker (LA) Gunderson Nussle Hastings (FL) Pelosi Peterson (FL) Quillen Hutchinson Scarborough Seastrand Studds Torricelli Williams Miller (CA) Young (FL) Ford Murtha Gejdenson Nethercutt So the concurrent resolution was agreed to. A motion to reconsider the vote whereby said said concurrent concurrent resolution was agreed to was, by unanimous consent, laid on the table. Ordered, That the Clerk request the concurrence of the Senate in said concurrent resolution. [Roll No. 368] YEAS-232 Neumann Abercrombie [Roll No. 369] YEAS-365 Fowler Fox Frank (MA) Franks (CT) Franks (NJ) Frelinghuysen Frisa Frost Funderburk Furse Gallegly Ganske Gekas Gephardt Gibbons Gilchrest Gillmor Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Gutierrez Gutknecht Hall (OH) Hall (TX) Hamilton Hansen Harman Hastert Hastings (WA) Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hinchey Hobson Hoke Horn Hostettler Houghton Hoyer Hunter Hyde Istook Jackson (IL) Jackson-Lee (TX) 195.14 SMALL BUSINESS JOB PROTECTION On motion of Mr. ARCHER, by unanimous consent, the bill (H.R. 3448) to provide tax relief for small businesses, to protect jobs, to create opportunities, to increase the take home pay of workers, and for other purposes; together with the amendments of the Senate thereto, was taken from the Speaker's table. When on motion of Mr. ARCHER, it was, Resolved, That the House disagree to the amendments of the Senate and ask a conference with the Senate on the disagreeing votes of the two Houses thereon. mentation with the appropriate endorsement for employment in the coastwise trade for the vessel SUNRISE. S. 655. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel MARANTHA. S. 656. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel QUIETLY. S. 680. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement vessel YES DEAR. S. 739. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel SISU, and for other purposes. S. 763. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for the vessel EVENING STAR, and for other purposes. S. 802. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for vessel ROYAL AFFAIRE. S. 808. An Act to extend the deadline for the conversion of the vessel M/V TWIN DRILL, and for other purposes. S. 826. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel PRIME TIME, and for other purposes. S. 869. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel DRAGONESSA, and for other purposes. S. 889. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel WOLF GANG II, and for other purposes. S. 911. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade of the United States for the vessel SEA MISTRESS. S. 975. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel JAJO, and for other purposes. S. 1016. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel MAGIC CARPET. S. 1017. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel CHRISSY. S. 1040. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel ONRUST. S. 1041. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel EXPLORER. S. 1046. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade of the United States for fourteen former United States Army hovercraft. S. 1047. An Act to authorize the Secretary S. 1545. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade endorsements for the vessels ENCHANTED for the vessel MOONRAKER, and for other ISLES and ENCHANTED SEAS. purposes. S. 1149. An Act to authorize the Secretary S. 1566. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade for the vessel BABS, and for other purposes. for the vessel MARSH GRASS TOO. S. 1272. An Act to authorize the Secretary S. 1588. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation and coastwise trade endorse- documentation and coastwise trade endorsement for the vessel BILLY BUCK. ment for the vessel KALYPSO. S. 1281. An Act to authorize the Secretary S. 1631. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade for the vessel SARAH-CHRISTEN. for the vessel EXTREME, and for other purS. 1281. An Act to authorize the Secretary poses. of Transportation to issue a certificate of S. 1648. An Act to authorize the Secretary documentation with appropriate endorse- of Transportation to issue a certificate of ment for employment in the coastwise trade documentation and coastwise trade endorsefor the vessel TRIAD. ment for the vessel HERCO TYME. S. 1319. An Act to authorize the Secretary S. 1682. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation and coastwise trade endorsement for employment in the coastwise trade ment for the vessel LIBERTY. for the vessel TOO MUCH FUN, and for other S. 1825. An Act to authorize the Secretary purposes. of Transportation to issue a certificate of S. 1347. An Act to authorize the Secretary documentation and coastwise trade endorseof Transportation to issue a certificate of ment for the vessel HALCYON. documentation with appropriate endorse- S. 1826. An Act to authorize the Secretary ment for the vessel CAPTAIN DARYL, and of Transportation to issue a certificate of for other purposes. documentation and coastwise trade endorseS. 1348. An Act to authorize the Secretary ment for the vessel COURIER SERVICE. of Transportation to issue a certificate of S. 1828. An Act to authorize the Secretary documentation with appropriate endorse of Transportation to issue a certificate of ment for the vessel ALPHA TANGO, and for documentation and coastwise trade endorseother purposes. ment for the vessel TOP GUN. S. 1349. An Act to authorize the Secretary S. 1924. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation and coastwise trade endorsement for the vessel OLD HAT, and for other ment for the vessel DAMN YANKEE. purposes. S. 1933. To authorize a certificate of docuS. 1358. An Act to authorize the Secretary mentation for certain vessels, and for other of Transportation to issue a certificate of purposes. documentation with appropriate endorse 197.19 WATER RESOURCES DEVELOPMENT ment for employment in the coastwise trade for the vessel CAROLYN, and for other pur- Mr. SHUSTER moved to suspend the poses. rules and pass the bill (H.R. 3592) to S. 1362. An Act to authorize the Secretary provide for conservation and developof Transportation to issue a certificate of ment of water and related resources, to documentation with appropriate endorse authorize the Secretary of the Army to ment for employment in the coastwise trade for the vessel FOCUS. construct various projects for improveS. 1383. An Act to authorize the Secretary ments to rivers and harbors of the of Transportation to issue a certificate of United States, and for other purposes; documentation and coastwise trade endorse-, as amended. ment for the vessel WESTFJORD. The SPEAKER pro tempore, Mr. S. 1384. An Act to authorize the Secretary EWING, recognized Mr. SHUSTER and of Transportation to issue a certificate of Mr. BORSKI, each for 20 minutes. documentation and coastwise trade endorse After debate, The question being put, viva voce, of Transportation to issue a certification of Will the House suspend the rules and documentation with appropriate endorse- pass said bill, as amended? ment for employment in the coastwise trade The SPEAKER pro tempore, Mr. and fisheries for the vessel JOAN MARIE, EWING, announced that two-thirds of and for other purposes. the Members present had voted in the S. 1455. An Act to authorize the Secretary affirmative. of Transportation to issue a certificate of So, two-thirds of the Members documentation with appropriate endorse present having voted in favor thereof, ment for employment in the coastwise trade for the vessel MOVIN ON, and for other pur the rules were suspended and said bill, poses. as amended, was passed. S. 1456. An Act to authorize the Secretary A motion to reconsider the vote of Transportation to issue a certificate of whereby the rules were suspended and documentation with appropriate endorse- said bill, as amended, was passed was, ment for employment in the coastwise trade by unanimous consent, laid on the for the vessel PLAY HARD, and for other table. purposes. Ordered, That the Clerk request the S. 1457. An Act to authorize the Secretary concurrence of the Senate in said bill. of Transportation to issue a certificate of . documentation with appropriate endorse 197.20 WATER RESOURCES DEVELOPMENT ment for employment in the coastwise trade for the vessel SHOGUN, and for other pur On motion of Mr. SHUSTER, by poses. unanimous consent, the bill of the Sen (Rept. No. 104-368, Pt. 2). Referred to the Mr. YOUNG of Alaska: Committee on Re- Mr. THOMAS: Committee on House Over- Mr. YOUNG of Alaska: Committee on Re- Mr. BLILEY: Committee on Commerce. Mr. YOUNG of Alaska: Committee on Re- Mr. SHUSTER: Committee on Transpor- the Committee on the Judiciary, and in addi- By Mr. NADLER: By Mr. ORTIZ (for himself and Mr. THORNBERRY): By Mr. PALLONE: By Mr. PORTER: By Mr. ARMEY: By Mr. FORBES (for himself, Mr. MCDADE, Mr. CRAMER, Mr. LAZIO of Mr. ACKERMAN): By Mr. COX (for himself, Mr. BONO, Mr. BROWN of Ohio, Mr. FUNDERBURK, Mr. and Mr. DORNAN): By Mr. PAYNE of New Jersey (for him- self, Mr. PORTER, Mr. LANTOS, Mr. CUMMINGS): H.R. 2434: Mr. EDWARDS. H.R. 2892: Mr. GUTIERREZ, Ms. SLAUGHTER, H.R. 2976: Mr. GILLMOR, Mr. TORRICELLI, H.R. 3123: Mr. WELDON of Florida. H.R. 3244: Ms. DUNN of Washington, Mr. H.R. 3283: Mr. HOYER. H.R. 3515: Ms. KAPTUR, Mr. BRYANT of H.R. 3556: Ms. FURSE and Mr. SAWYER. H.R. 3590: Mr. FRAZER, Mr. MCDERMOTT, H.R. 3609: Mr. HOUGHTON, Mr. OLVER, Mr. H.R. 3618: Ms. WOOLSEY, Mr. OWENS, and H.R. 3687: Mr. INGLIS of South Carolina. H.R. 3710: Ms. ROYBAL-ALLARD, Mr. MAS- H.R. 3724: Mr. CLINGER and Mr. GALLEGLY. H.R. 3766: Mr. STARK, Mr. OWENS, Mrs. H.R. 3775: Ms. GREENE of Utah and Mr. SEN- H.R. 3783: Mr. HOLDEN, Mr. CAMP, Mr. NEY, H.R. 3807: Mr. KENNEDY of Massachusetts, H.R. 3821: Mr. KENNEDY of Massachusetts, H.R. 3830: Mr. WATT of North Carolina and H.R. 3839: Mr. COSTELLO. H.R. 3863: Mr. KNOLLENBERG, Mr. Fox, Mr. H.R. 3879: Mr. ABERCROMBIE, Mr. FRAZER, H.J. Res. 114: Mr. DINGELL. H. Con. Res. 151: Miss COLLINS of Michigan, H. Con. Res. 202: Mr. TRAFICANT. H. Res. 470: Mr. RAMSTAD and Ms. MOL- 195.27 TIME LIMITATION OF REFERRED BILL H.R. 3024. Referral to the Committee on H.R. 3539. Referral to the Committee on MONDAY, JULY 29, 1996 (96) 195.28 DISCHARGE OF COMMITTEE Pursuant to clause 5 of rule X the Pursuant to clause 5 of rule X the 196.1 DESIGNATION OF SPEAKER PRO TEMPORE WASHINGTON, DC, July 29, 1996. NEWT GINGRICH, 195.29 PUBLIC BILLS AND RESOLUTIONS Under clause 5 of rule X and clause 4 By Mr. HANSEN (for himself and Mr. MARTINI): By Mr. FAZIO of California: 195.30 ADDITIONAL SPONSORS Under clause 4 of rule XXII, sponsors H.R. 1127: Mr. HOLDEN. 196.2 MESSAGE FROM THE SENATE A message from the Senate by Ms. H.R. 3540. An Act making appropriations "(B) If compensation is paid to an employee described in subparagraph (A) for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. “(6)(A) An employee of an employer which is not a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than “(i) the average regular rate received by such employee during the period during which the compensatory time was accrued, or Mr. SOLOMON demanded that the vote be taken by the yeas and nays, which demand was supported by onefifth of the Members present, so the yeas and nays were ordered. The SPEAKER pro tempore, Mrs. MYRICK, pursuant to clause 5, rule I, announced that further proceedings on the motion were postponed. 197.28 COMPENSATORY TIME The SPEAKER pro tempore, Mrs. MYRICK, pursuant to House Resolution 488 and rule XXIII, declared the House resolved into the Committee of the Whole House on the state of the Union for the consideration of the bill (H.R. 2391) to amend the Fair Labor Standards Act of 1938 to provide compensatory time for all employees. The SPEAKER pro tempore, Mrs. MYRICK, by unanimous consent, designated Mr. LAHOOD as Chairman of the Committee of the Whole; and after some time spent therein, The SPEAKER pro tempore, Mr. WELLER, assumed the Chair. When Mr. LAHOOD, Chairman, pursuant to House Resolution 488, reported the bill back to the House with an amendment adopted by the Committee. The previous question having been ordered by said resolution. The following amendment, reported from the Committee of the whole House on the state of the Union, was agreed to: Strike out all after the enacting clause and insert: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. This Act may be cited as the “Working Families Flexibility Act of 1996”. SEC. 2. COMPENSATORY TIME. Subsection (0) of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended (1) by striking paragraphs (1) through (5) and inserting the following: “(1) An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and onehalf hours for each hour of employment for which overtime compensation is required by this section. (2) An employer may provide compensatory time under paragraph (1) only "(A) pursuant to “(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of such employees, or “(ii) in the case of employees who are not represented by a collective bargaining agent or other representative designated by the employee, an agreement or understanding arrived at between the employer and employee before the performance of the work if such agreement or understanding was entered into knowingly and voluntarily by such employee; "(B) in the case of an employee who is not an employee of a public agency, if such employee has affirmed, in a written or otherwise verifiable statement that is made, kept, and preserved in accordance with section 11(c), that the employee has chosen to receive compensatory time in lieu of overtime compensation, and “(C) if the employee has not accrued compensatory time in excess of the limit appli cable to the employee prescribed by paragraph (4) or (5). In the case of employees described in subparagraph (A)(ii) who are employees of a public agency and who were hired before April 15, 1986, the regular practice in effect on such date with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding described in such subparagraph. Except as provided in the preceding sentence, the provision of compensatory time off to employees of a public agency for hours worked after April 14, 1986, shall be in accordance with this subsection. An employer may provide compensatory time under paragraph (1) to an employee who is not an employee of a public agency only if such agreement or understanding was not a condition of employment. “(3) An employer which is not a public agency and which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of, "(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of overtime compensation for overtime hours; or “(B) requiring any employee to use such compensatory time. “()(A) An employee, who is not an employee of a public agency, may accrue not more than 240 hours of compensatory time. “(B)(i) Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12month period. "(ii) The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). “(iii) An employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. An employee who is not an employee of a public agency may withdraw an agreement or understanding described in paragraph (2)(A)(ii) at any time. "(C) An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). “(5)(A) If the work of an employee of a public agency for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. “(ii) the final regular rate received by such employee, whichever is higher. "(B) An employee of an employer which is a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than “(i) the average regular rate received by such employee during the last 3 years of the employee's employment, or "(ii) the final regular rate received by such employee, whichever is higher. "(C) Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. "(7) An employee "(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and "(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.”; and (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended (1) in subsection (b), by striking "(b) Any employer” and inserting “(b) Except as provided in subsection (f), any employer”'; and (2) by adding at the end the following: “(f) An employer which is not a public agency and which violates section 7(0)(3) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(0)(6)(A) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.". SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 C.F.R. 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title. The question being put, viva voce, The SPEAKER pro tempore, Mr. WELLER, announced that the yeas had it. |
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