[Congressional Record Volume 143, Number 64 (Thursday, May 15, 1997)]
[Senate]
[Pages S4613-S4614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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               THE FAMILY FRIENDLY WORKPLACE ACT OF 1997

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                       JEFFORDS AMENDMENT NO. 280

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
the amendment No. 244 submitted by Mrs. Murray to the bill (S. 4) to 
amend the Fair Labor Standards Act of 1938 to provide to private sector 
employees the same opportunities for time-and-a-half compensatory time 
off, biweekly work programs, and flexible credit hour programs as 
Federal employees currently enjoy to help balance the demands and needs 
of work and family, to clarify the provisions relating to exemptions of 
certain professionals from the minimum wage and overtime requirements 
of the Fair Labor Standards Act of 1938, and for other purposes; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.   . APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO 
                   THE EXECUTIVE OFFICE OF THE PRESIDENT.

       Section 413(d)(2) of title 3, United States Code, is 
     amended by striking ``October 1, 1998'' and inserting 
     ``October 1, 1997''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 281

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
amendment No. 278 submitted by him to the bill, S. 4, supra; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(iii) Unlawful Discrimination.--It shall be an unlawful 
     act of discrimination for an employer to request, directly or 
     indirectly, that an employee accept compensatory time off in 
     lieu of monetary overtime compensation, or to qualify the 
     availability of work for which overtime compensation is 
     required upon employee's request for or acceptance of 
     compensatory time off in lieu of monetary overtime 
     compensation. This clause does not apply to an offer of 
     compensatory time off by an employer to all employees or a 
     class of employees. Any person who violates the provisions of 
     this clause shall be subject to the penalties contained in 
     Section 16(a) of this Act.''.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 282

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
amendment No. 260 submitted by Mr. Wellstone to the bill, S. 4, supra; 
as follows:

       Strike all and insert:
       On page 28, after line 16 insert the following:
       (d) Protections for Claims Relating to Compensatory Time 
     Off and Flexible Credit Hours in Bankruptcy Proceedings.--
     Section 507(a)(3) of title 11, United States Code, is 
     amended--
       (1) by striking ``$4,000'' and inserting ``$6,000'';
       (2) by striking ``for--'' and inserting the following: 
     ``provided that all accrued compensatory time (as defined in 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207) or all accrued flexible credit hours (as defined in 
     section 13(A) of the Fair Labor Standards Act of 1938) shall 
     be deemed to have been earned within 90 days before the date 
     of the filing of the petition or the date of the cessation of 
     the debtor's business, whichever occurs first, for--''; and
       (3) in subparagraph (A), by inserting before the semicolon 
     the following: ``or the value of unused, accrued compensatory 
     time (as defined in section 7 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207)) or the value of unused, accrued 
     flexible credit hours (as defined in section 13A of the Fair 
     Labor Standards Act of 1938)''.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 283

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
amendment No. 270 submitted by Mr. Kennedy to the bill, S. 4, supra; as 
follows:

       Strike all and insert:
       On page 28, after line 16, insert the following:
       (d) Protections for Claims Relating to Compensatory Time 
     Off and Flexible Credit Hours in Bankruptcy Proceedings.--
     Section 507(a)(3) of title 11, United States Code, is 
     amended--
       (1) by striking ``$4,000'' and inserting ``$6,000'';
       (2) by striking ``for--'' and inserting the following: 
     ``provided that all accrued compensatory time (as defined in 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207) or all accrued flexible credit hours (as defined in 
     section 13(A) of the Fair Labor Standards Act of 1938) shall 
     be deemed to have been earned within 90 days before the date 
     of the filing of the petition or the date of the cessation of 
     the debtor's business, whichever occurs first, for--''; and
       (3) in subparagraph (A), by inserting before the semicolon 
     the following: ``or the value of unused, accrued compensatory 
     time (as defined in section 7 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207)) or the value of unused, accrued 
     flexible credit hours (as defined in section 13A of the Fair 
     Labor Standards Act of 1938)''.
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 284

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
amendment No. 262 submitted by Mr. Wellstone to the bill, S. 4, supra; 
as follows:

       To the matter proposed to be stricken add the following:
       (  ) Flexible and Compressed Work Schedule Programs.--
       (1) Repeal.--Subchapter II of chapter 61 of title 5, United 
     States Code, is repealed.
       (2) Conforming amendments.--
       (A) The table of sections for chapter 61 of title 5, United 
     States Code, is amended--
       (i) by striking the following item:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

     and
       (ii) by striking the items relating to subchapter II.
       (B) Section 6103 of title 5, United States Code, is amended 
     by striking subsection (d).
       (C) Subchapter I of chapter 61 of title 5, United States 
     Code, is amended by striking the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

       (D) Section 3401(2) of title 5, United States Code is 
     amended by striking ``(or 32 to 64 hours during a biweekly 
     pay period in the case of a flexible or compressed work 
     schedule under subchapter II of chapter 61 of this title)''.
       (E) Section 116 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1616i) is amended by striking subsection (c).
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 285

  (Ordered to lie on the table.)

[[Page S4614]]

  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
amendment No. 274 submitted by Mr. Kennedy to the bill, S. 4, supra; as 
follows:

       To the matter proposed to be stricken, add the following:
       (  ) Flexible and Compressed Work Schedule Programs.--
       (1) Repeal.--Subchapter II of chapter 61 of title 5, United 
     States Code, is repealed.
       (2) Conforming amendment.--
       (A) The table of sections for chapter 61 title 5, United 
     States Code, is amended--
       (i) by striking the following item:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

     and

       (ii) by striking the items relating to subchapter II.
       (B) Section 6103 of title 5, United States Code, is amended 
     by striking subsection (d).
       (C) Subchapter I of chapter 61 of title 5, United States 
     Code, is amended by striking the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

       (D) Section 3401(2) of title 5, United States Code is 
     amended by striking ``(or 32 to 64 hours during a biweekly 
     pay period in the case of a flexible or compressed work 
     schedule under subchapter II of chapter 61 of this title)''.
       (E) Section 116 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1616i) is amended by striking subsection (c).
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 286

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
amendment No. 276 submitted by Mr. Dodd to the bill, S. 4, supra; as 
follows:

       To the matter proposed to be stricken, add the following:
       (  ) Flexible and Compressed Work Schedule Programs.--
       (1) Repeal.--Subchapter II of chapter 61 of title 5, United 
     States Code, is repealed.
       (2) Conforming amendments.--
       (A) The table of sections for chapter 61 of title 5, United 
     States Code, is amended--
       (i) by striking the following item:

``SUBCHAPTER I--GENERAL PROVISIONS'';
and
       (ii) by striking the items relating to subchapter II.
       (B) Section 6103 of title 5, United States Code, is amended 
     by striking subsection (d).
       (C) Subchapter I of chapter 61 of title 5, United States 
     Code, is amended by striking the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

       (D) Section 3401(2) of title 5, United States Code is 
     amended by striking ``(or 32 to 64 hours during a biweekly 
     pay period in the case of a flexible or compressed work 
     schedule under subchapter II of chapter 61 of this title)''.
       (E) Section 116 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1616i) is amended by striking subsection (c).
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 287

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
amendment No. 271 submitted by Mr. Kennedy to the bill, S. 4, supra; as 
follows:

       To the matter proposed to be stricken, add the following:
       (  ) Flexibile and Compressed Work Schedule Programs.--
       (1) Repeal.--Subchaptr II of chapter 61 of title 5, United 
     States Code, is repealed.
  (2) Conforming amendments.--
       (A) The table of sections for chapter 61 of title 5, United 
     States Code, is amended--
       (i) by striking the following item:

``SUBCHAPTER I--GENERAL PROVISIONS'';
and
       (ii) by striking the items relating to subchapter II.
       (B) Section 6103 of title 5, United States Code, is amended 
     by striking subsection (d).
       (C) Subchapter I of chapter 61 of title 5, United States 
     Code, is amended by striking the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

       (D) Section 3401(2) of title 5, United States Code is 
     amended by striking ``(or 32 to 64 hours during a biweekly 
     pay period in the case of a flexible or compressed work 
     schedule under subchapter II of chapter 61 of this title)''.
       (E) Section 116 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1616i) is amended by striking subsection (c).

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