[Congressional Record Volume 144, Number 33 (Monday, March 23, 1998)]
[Senate]
[Pages S2442-S2446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   1998 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM 
        NATURAL DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS

                                 ______
                                 

                        CRAIG AMENDMENT NO. 2069

  Mr. STEVENS (for Mr. Craig) proposed an amendment to the bill, S. 
1768, supra; as follows:

       On page 36, strike lines 6 through 10 and insert in lieu 
     thereof the following:
       (b)(1) For any previously scheduled projects that are 
     referred to in, but not authorized pursuant to, subsection 
     (a)(1), the Chief may, to the maximum extent practicable, 
     prepare and authorize substitute

[[Page S2443]]

      projects within the same state to be offered or initiated in 
     fiscal year 1998 or fiscal year 1999. Such projects shall be 
     subject to the requirements of subsection (a)(2).
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 2070

  Mr. STEVENS (for Mr. Daschle) proposed an amendment to the bill, S. 
1768, supra; as follows:

       On page 18, following line 5, insert the following:
       An additional amount for emergency river and shoreline 
     repairs along the Missouri River in South Dakota to be 
     conducted at full Federal expense, $2,500,000, to remain 
     available until expended: Provided, That the Secretary of the 
     Army is authorized and directed to obligate and expend the 
     funds appropriated for South Dakota emergency river and 
     shoreline repair if the Secretary of the Army certifies that 
     such work is necessary to provide flood related benefits: 
     Provided further, That the Corps of Engineers shall not be 
     responsible for the future costs of operation, repair, 
     replacement or rehabilitation of the project. Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request of $2,500,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
                                 ______
                                 

                COCHRAN (AND OTHERS) AMENDMENT NO. 2071

  Mr. STEVENS (for Mr. Cochran, Mr. Bumpers, Mr. D'Amato, and Mrs. 
Boxer) proposed an amendment to the bill, S. 1768, supra; as follows:

       On page 5, after line 3, insert the following:

                       ``TREE ASSISTANCE PROGRAM

       ``An amount of $8,700,000 is provided for assistance to 
     replace or rehabilitate trees and vineyards damaged by 
     natural disasters: Provided, That the entire amount is 
     available only to the extent that an official budget request 
     for $8,700,000, that includes designation of the entire 
     amount of the request as an emergency requirement as defined 
     in the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of such Act.''
                                 ______
                                 

                        BOXER AMENDMENT NO. 2072

  Mr. STEVENS (for Mrs. Boxer) proposed an amendment to the bill, S. 
1768, supra; as follows:

       On page 18, following line 5, insert the following:
       An additional amount for emergency levee repairs at Suisun 
     Marsh, California to be conducted at full Federal expense, 
     $1,100,000, to remain available until expended: Provided, 
     That the Secretary of the Army is authorized and directed to 
     obligate and expend the funds appropriated for the Suisun 
     Marsh, California levee repair to proceed with engineering 
     and design and reconstruction if the Secretary of the Army 
     certifies that such work is necessary to provide flood 
     control benefits in the vicinity of Suisun Marsh, California: 
     Provided further, That the Corps of Engineers shall not be 
     responsible for the future costs of operation, repair, 
     replacement or rehabilitation of the project: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request of $1,100,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
                                 ______
                                 

                       INOUYE AMENDMENT NO. 2073

  Mr. STEVENS (for Mr. Inouye) proposed an amendment to the bill, S. 
1768, supra; as follows:

       On page 18, following line 5, insert the following:
       An additional amount for emergency maintenance dredging at 
     Apra Harbor, Guam to be conducted at full Federal expense, 
     $1,400,000, to remain available until expended: Provided, 
     That the Secretary of the Army is authorized and directed to 
     obligate and expand the funds appropriated for the Apra 
     Harbor, Guam emergency maintenance dredging if the Secretary 
     of the Army certifies that such work is in the national 
     interest: Provided further, That the Corps of Engineers shall 
     not be responsible for the future costs of operation, repair, 
     replacement or rehabilitation of the project: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request of $1,400,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
                                 ______
                                 

                COCHRAN (AND BUMPERS) AMENDMENT NO. 2074

  Mr. STEVENS (for Mr. Cochran, for himself and Mr. Bumpers) proposed 
an amendment to the bill, S. 1768, supra; as follows:

       On page 3, line 3, strike ``and''.
       On page 3, line 4, before the period, add ``; and for boll 
     weevil eradication program loans as authorized by 7 U.S.C. 
     1989, $222,000''.
                                 ______
                                 

                        BOXER AMENDMENT NO. 2075

  Mr. STEVENS (for Mrs. Boxer) proposed an amendment to the bill, S. 
1768, supra; as follows:

       On page 45, line 13, after the words, ``highway program 
     made available by this Act'', insert the following: ``: 
     Provided further, That 23 U.S.C. 125(b)(1) shall not apply to 
     projects resulting from the Fall 1997 and Winter 1998 
     flooding in the western States''.
                                 ______
                                 

                  LOTT (AND OTHERS) AMENDMENT NO. 2076

  Mr. STEVENS (for Mr. Lott, for himself, Mr. Lieberman, Mr. Gregg, Mr. 
Hollings, Mr. Kyl, Mr. Stevens, Mr. McConnell, Mr. Helms, Mr. Shelby, 
Mr.  Brownback, and Mr. Kerrey) proposed an amendment to the bill, S. 
1768, supra; as follows:

       At the appropriate place in title II of the bill insert the 
     following new general provisions:

     SEC.  . SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

       In addition to the amounts appropriated to the President 
     under Public Law 105-118, there is hereby appropriated 
     $5,000,000 for the ``Economic Support Fund,'' to remain 
     available until September 30, 1999, for assistance to the 
     Iraqi democratic opposition for such activities as 
     organization, training, disseminating information, developing 
     and implementing agreements among opposition groups, and for 
     related purposes: Provided further, That within 30 days of 
     enactment into law of this Act the Secretary of State shall 
     submit a detailed report to the appropriate committees of 
     Congress on plans to establish a program to support the 
     democratic opposition in Iraq: Provided further, That such 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to Congress.

     SEC.  . ESTABLISHMENT OF RADIO FREE IRAQ.

       In addition to the amounts appropriated to the United 
     States Information Agency under Public Law 105-119, there is 
     hereby appropriated $5,000,000 for ``International 
     Broadcasting Operations,'' to remain available until 
     September 30, 1999, for a grant to Radio Free Europe/Radio 
     Liberty for surrogate radio broadcasting to the Iraqi people: 
     Provided, That such broadcasting shall be designated ``Radio 
     Free Iraq'': Provided further, That within 30 days of 
     enactment into law of this Act the Broadcasting Board of 
     Governors shall submit a detailed report to the appropriate 
     committees to Congress on plans to establish a surrogate 
     broadcasting service to Iraq: Provided further, That such 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to Congress.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 2077

  Mr. LEVIN proposed an amendment to the bill S. 1768, supra; as 
follows:

       On page 15, after line 21, insert the following:
       Sec. 205. (a) Congress urges the President to enter into an 
     agreement with the North Atlantic Treaty Organization (NATO) 
     that sets forth--
       (1) the benchmarks that are detailed in the report 
     accompanying the certification that was made by the President 
     to Congress on March 3, 1998;
       (2) a schedule for achieving the benchmarks; and
       (3) a process for NATO to carry out a formal review of each 
     failure, if any, to achieve any such benchmark on schedule.
       (b) The President shall submit to Congress--
       (1) not later than June 30, 1998, a report on the results 
     of the efforts to obtain an agreement described in subsection 
     (a); and

[[Page S2444]]

       (2) semiannually after that report, a report on the 
     progress made toward achieving the benchmarks referred to in 
     subsection (a)(1), including a discussion of each achievement 
     of a benchmark referred to in that subsection, each failure 
     to achieve a benchmark on schedule, and the results of NATO's 
     formal review of each such failure.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 2078

  Mr. STEVENS proposed an amendment to amendment No. 2077 proposed by 
Mr. Levin to the bill, S. 1768, supra; as follows:

       At the end of the amendment, add the following: (c) The 
     enactment of this section does not reflect approval or 
     disapproval of the benchmarks submitted by the President in 
     the certification to Congress transmitted on March 3, 1998.
                                 ______
                                 

                         KYL AMENDMENT NO. 2079

  Mr. STEVENS (for Mr. Kyl) proposed an amendment to the bill, S. 1768, 
supra; as follows:

       On page 15, after line 21, add the following:
       Sec. 205. In addition to the amounts provided in Public Law 
     105-56, $151,000,000 is appropriated under the heading 
     ``Research, Development, Test and Evaluation, Defense-Wide'': 
     Provided, That the additional amount shall be made available 
     for enhancements to selected theater missile defense programs 
     to counter enhanced ballistic missile threats: Provided 
     further, That of the additional amount appropriated, 
     $45,000,000 shall be made available only for the procurement 
     of items and equipment required for a third Arrow missile 
     defense battery: Provided further, That the entire amount 
     shall be available only to the extent that an official budget 
     request for $151,000,000, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of such Act.
                                 ______
                                 

                      ASHCROFT AMENDMENT NO. 2080

  Mr. ASHCROFT proposed an amendment to the bill, S. 1768, supra; as 
follows:

       At the appropriate place, insert the following:
                 TITLE ____--FAMILY FRIENDLY WORKPLACE

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Family Friendly Workplace 
     Act''.

     SEC. ____2. PURPOSES.

       The purposes of this title are--
       (1) to assist working people in the United States;
       (2) to balance the demands of workplaces with the needs of 
     families;
       (3) to provide such assistance and balance such demands by 
     allowing employers to offer compensatory time off, which 
     employees may voluntarily elect to receive, and to establish 
     biweekly work programs, in which employees may voluntarily 
     participate; and
       (4) to give private sector employees the same benefits of 
     compensatory time off, biweekly work schedules, as have been 
     enjoyed by Federal Government employees since 1978.

     SEC. ____3. WORKPLACE FLEXIBILITY OPTIONS.

       (a) Compensatory Time Off.--
       (1) In general.--Section 7 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207) is amended by adding at the end the 
     following:
       ``(r) Compensatory Time Off for Private Employees.--
       ``(1) Voluntary participation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no employee may be required under this subsection to receive 
     compensatory time off in lieu of monetary overtime 
     compensation. The acceptance of compensatory time off in lieu 
     of monetary overtime compensation may not be a condition of 
     employment.
       ``(B) Collective bargaining agreement.--In a case in which 
     a valid collective bargaining agreement exists between an 
     employer and the representative of the employees that is 
     recognized as provided for in section 9(a) of the National 
     Labor Relations Act (29 U.S.C. 159(a)), an employee may only 
     be required under this subsection to receive compensatory 
     time off in lieu of monetary overtime compensation in 
     accordance with the agreement.
       ``(2) General rule.--
       ``(A) Compensatory time off.--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 one-half hours for each hour of employment 
     for which monetary overtime compensation is required by this 
     section.
       ``(B) Definitions.--In this subsection:
       ``(i) Employee.--The term `employee' does not include an 
     employee of a public agency.
       ``(ii) Employer.--The term `employer' does not include a 
     public agency.
       ``(3) Conditions.--An employer may provide compensatory 
     time off to employees under paragraph (2)(A) only pursuant to 
     the following:
       ``(A) The compensatory time off may be provided only in 
     accordance with--
       ``(i) applicable provisions of a collective bargaining 
     agreement between the employer and the representative of the 
     employee that is recognized as provided for in section 9(a) 
     of the National Labor Relations Act (29 U.S.C. 159(a)); or
       ``(ii) in the case of an employee who is not represented by 
     a labor organization that is recognized as provided for in 
     section 9(a) of the National Labor Relations Act, an 
     agreement or understanding arrived at between the employer 
     and employee before the performance of the work involved if 
     the agreement or understanding was entered into knowingly and 
     voluntarily by such employee and was not a condition of 
     employment.
       ``(B) The compensatory time off may only be provided to an 
     employee described in subparagraph (A)(ii) 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 off in lieu of monetary overtime compensation.
       ``(C) An employee shall be eligible to accrue compensatory 
     time off if such employee has not accrued compensatory time 
     off in excess of the limit applicable to the employee 
     prescribed by paragraph (4).
       ``(4) Hour limit.--
       ``(A) Maximum hours.--An employee may accrue not more than 
     160 hours of compensatory time off.
       ``(B) Compensation date.--Not later than January 31 of each 
     calendar year, the employer of the employee shall provide 
     monetary compensation for any unused compensatory time off 
     accrued during the preceding calendar year that was not used 
     prior to December 31 of the preceding calendar year at the 
     rate prescribed by paragraph (8). An employer may designate 
     and communicate to the employees of the employer a 12-month 
     period other than the calendar year, in which case the 
     compensation shall be provided not later than 31 days after 
     the end of the 12-month period.
       ``(C) Excess of 80 hours.--The employer may provide 
     monetary compensation for an employee's unused compensatory 
     time off in excess of 80 hours at any time after providing 
     the employee with at least 30 days' written notice. The 
     compensation shall be provided at the rate prescribed by 
     paragraph (8).
       ``(5) Discontinuance of policy or withdrawal.--
       ``(A) Discontinuance of policy.--An employer that has 
     adopted a policy offering compensatory time off to employees 
     may discontinue the policy for employees described in 
     paragraph (3)(A)(ii) after providing 30 days' written notice 
     to the employees who are subject to an agreement or 
     understanding described in paragraph (3)(A)(ii).
       ``(B) Withdrawal.--An employee may withdraw an agreement or 
     understanding described in paragraph (3)(A)(ii) at any time, 
     by submitting a written notice of withdrawal to the employer 
     of the employee. An employee may also request in writing that 
     monetary compensation be provided, at any time, for all 
     compensatory time off accrued that has not been used. Within 
     30 days after receiving the written request, the employer 
     shall provide the employee the monetary compensation due in 
     accordance with paragraph (8).
       ``(6) Additional requirements.--
       ``(A) Prohibition of coercion.--
       ``(i) In general.--An employer that provides compensatory 
     time off under paragraph (2) to an employee shall not 
     directly or indirectly intimidate, threaten, or coerce, or 
     attempt to intimidate, threaten, or coerce, any employee for 
     the purpose of--

       ``(I) interfering with the rights of the employee under 
     this subsection to request or not request compensatory time 
     off in lieu of payment of monetary overtime compensation for 
     overtime hours;
       ``(II) interfering with the rights of the employee to use 
     accrued compensatory time off in accordance with paragraph 
     (9); or
       ``(III) requiring the employee to use the compensatory time 
     off.

       ``(ii) Definition.--In clause (i), the term `intimidate, 
     threaten, or coerce' has the meaning given the term in 
     section 13A(d)(2).
       ``(B) Election of overtime compensation or compensatory 
     time.--An agreement or understanding that is entered into by 
     an employee and employer under paragraph (3)(A)(ii) shall 
     permit the employee to elect, for an applicable workweek--
       ``(i) the payment of monetary overtime compensation for the 
     workweek; or
       ``(ii) the accrual of compensatory time off in lieu of the 
     payment of monetary overtime compensation for the 
     workweek.''.
       (2) Remedies and sanctions.--Section 16 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216) is amended by adding at 
     the end the following:
       ``(f)(1) In addition to any amount that an employer is 
     liable under subsection (b) for a violation of a provision of 
     section 7, an employer that violates section 7(r)(6)(A) shall 
     be liable to the employee affected in an amount equal to--
       ``(A) the product of--
       ``(i) the rate of compensation (determined in accordance 
     with section 7(r)(8)(A)); and
       ``(ii)(I) the number of hours of compensatory time off 
     involved in the violation that was initially accrued by the 
     employee; minus
       ``(II) the number of such hours used by the employee; and
       ``(B) as liquidated damages, the product of--
       ``(i) such rate of compensation; and

[[Page S2445]]

       ``(ii) the number of hours of compensatory time off 
     involved in the violation that was initially accrued by the 
     employee.
       ``(2) The employer shall be subject to such liability in 
     addition to any other remedy available for such violation 
     under this section or section 17, including a criminal 
     penalty under subsection (a) and a civil penalty under 
     subsection (e).''.
       (3) Calculations and special rules.--Section 7(r) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)), as added 
     by paragraph (1), is amended by adding at the end the 
     following:
       ``(7) Termination of employment.--An employee who has 
     accrued compensatory time off authorized to be provided under 
     paragraph (2) shall, upon the voluntary or involuntary 
     termination of employment, be paid for the unused 
     compensatory time off in accordance with paragraph (8).
       ``(8) Rate of compensation for compensatory time off.--
       ``(A) General rule.--If compensation is to be paid to an 
     employee for accrued compensatory time off, the compensation 
     shall be paid at a rate of compensation not less than--
       ``(i) the regular rate received by such employee when the 
     compensatory time off was earned; or
       ``(ii) the final regular rate received by such employee,
     whichever is higher.
       ``(B) Consideration of payment.--Any payment owed to an 
     employee under this subsection for unused compensatory time 
     off shall be considered unpaid monetary overtime 
     compensation.
       ``(9) Use of time.--An employee--
       ``(A) who has accrued compensatory time off authorized to 
     be provided under paragraph (2); and
       ``(B) who has requested the use of the accrued compensatory 
     time off,

     shall be permitted by the employer of the employee to use the 
     accrued compensatory time off within a reasonable period 
     after making the request if the use of the accrued 
     compensatory time off does not unduly disrupt the operations 
     of the employer.
       ``(10) Definitions.--In this subsection--
       ``(A) the terms `monetary overtime compensation' and 
     `compensatory time off' shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7); and
       ``(B) the term `unduly disrupt the operations of the 
     employer', used with respect to the use of compensatory time 
     off by an employee of the employer, means to create a 
     situation in which the absence of the employee during the 
     time requested would likely impose a burden on the business 
     of the employer that would prevent the employer from 
     providing an acceptable quality or quantity of goods or 
     services during the time requested without the services of 
     the employee.''.
       (4) Notice to employees.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Labor shall 
     revise the materials the Secretary provides, under 
     regulations contained in section 516.4 of title 29, Code of 
     Federal Regulations, to employers for purposes of a notice 
     explaining the Fair Labor Standards Act of 1938 to employees 
     so that the notice reflects the amendments made to the Act by 
     this subsection.
       (b) Biweekly Work Programs.--
       (1) In general.--The Fair Labor Standards Act of 1938 is 
     amended by inserting after section 13 (29 U.S.C. 213) the 
     following:

     ``SEC. 13A. BIWEEKLY WORK PROGRAMS.

       ``(a) Voluntary Participation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     employee may be required to participate in a program 
     described in this section. Participation in a program 
     described in this section may not be a condition of 
     employment.
       ``(2) Collective bargaining agreement.--In a case in which 
     a valid collective bargaining agreement exists, an employee 
     may only be required to participate in such a program in 
     accordance with the agreement.
       ``(b) Biweekly Work Programs.--
       ``(1) In general.--Notwithstanding section 7, an employer 
     may establish biweekly work programs that allow the use of a 
     biweekly work schedule--
       ``(A) that consists of a basic work requirement of not more 
     than 80 hours, over a 2-week period; and
       ``(B) in which more than 40 hours of the work requirement 
     may occur in a week of the period, except that no more than 
     10 hours may be shifted between the 2--weeks involved.
       ``(2) Conditions.--An employer may carry out a biweekly 
     work program described in paragraph (1) for employees only 
     pursuant to the following:
       ``(A) Agreement or understanding.--The program may be 
     carried out only in accordance with--
       ``(i) applicable provisions of a collective bargaining 
     agreement between the employer and the representative of the 
     employees that is recognized as provided for in section 9(a) 
     of the National Labor Relations Act (29 U.S.C. 159(a)); or
       ``(ii) in the case of an employee who is not represented by 
     a labor organization that is recognized as provided for in 
     section 9(a) of the National Labor Relations Act, an 
     agreement or understanding arrived at between the employer 
     and employee before the performance of the work involved if 
     the agreement or understanding was entered into knowingly and 
     voluntarily by such employee and was not a condition of 
     employment.
       ``(B) Statement.--The program shall apply to an employee 
     described in subparagraph (A)(ii) 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 participate in the 
     program.
       ``(3) Compensation for hours in schedule.--Notwithstanding 
     section 7, in the case of an employee participating in such a 
     biweekly work program, the employee shall be compensated for 
     each hour in such a biweekly work schedule at a rate not less 
     than the regular rate at which the employee is employed.
       ``(4) Computation of overtime.--All hours worked by the 
     employee in excess of such a biweekly work schedule or in 
     excess of 80 hours in the 2-week period, that are requested 
     in advance by the employer, shall be overtime hours.
       ``(5) Overtime compensation provision.--The employee shall 
     be compensated for each such overtime hour at a rate not less 
     than one and one-half times the regular rate at which the 
     employee is employed, in accordance with section 7(a)(1), or 
     receive compensatory time off in accordance with section 7(r) 
     for each such overtime hour.
       ``(6) Discontinuance of program or withdrawal.--
       ``(A) Discontinuance of program.--An employer that has 
     established a biweekly work program under paragraph (1) may 
     discontinue the program for employees described in paragraph 
     (2)(A)(ii) after providing 30 days' written notice to the 
     employees who are subject to an agreement or understanding 
     described in paragraph (2)(A)(ii).
       ``(B) Withdrawal.--An employee may withdraw an agreement or 
     understanding described in paragraph (2)(A)(ii) at the end of 
     any 2-week period described in paragraph (1)(A), by 
     submitting a written notice of withdrawal to the employer of 
     the employee.
       ``(d) Prohibition of Coercion.--
       ``(1) In general.--An employer shall not directly or 
     indirectly intimidate, threaten, or coerce, or attempt to 
     intimidate, threaten, or coerce, any employee for the purpose 
     of interfering with the rights of the employee under this 
     section to elect or not to elect to work a biweekly work 
     schedule.
       ``(B)
       ``(2) Definition.--In paragraph (1), the term `intimidate, 
     threaten, or coerce' includes promising to confer or 
     conferring any benefit (such as appointment, promotion, or 
     compensation) or effecting or threatening to effect any 
     reprisal (such as deprivation of appointment, promotion, or 
     compensation).
       ``(e) Definitions.--In this section:
       ``(1) Basic work requirement.--The term `basic work 
     requirement' means the number of hours, excluding overtime 
     hours, that an employee is required to work or is required to 
     account for by leave or otherwise.
       ``(2) Collective bargaining.--The term `collective 
     bargaining' means the performance of the mutual obligation of 
     the representative of an employer and the representative of 
     employees of the employer that is recognized as provided for 
     in section 9(a) of the National Labor Relations Act (29 
     U.S.C. 159(a)) to meet at reasonable times and to consult and 
     bargain in a good-faith effort to reach agreement with 
     respect to the conditions of employment affecting such 
     employees and to execute, if requested by either party, a 
     written document incorporating any collective bargaining 
     agreement reached, but the obligation referred to in this 
     paragraph shall not compel either party to agree to a 
     proposal or to make a concession.
       ``(3) Collective bargaining agreement.--The term 
     `collective bargaining agreement' means an agreement entered 
     into as a result of collective bargaining.
       ``(4) Election.--The term `at the election of', used with 
     respect to an employee, means at the initiative of, and at 
     the request of, the employee.
       ``(5) Employee.--The term `employee' does not include an 
     employee of a public agency.
       ``(6) Employer.--The term `employer' does not include a 
     public agency.
       ``(7) Overtime hours.--The term `overtime hours'--
       ``(A) when used with respect to biweekly work programs 
     under subsection (b), means all hours worked in excess of the 
     biweekly work schedule involved or in excess of 80 hours in 
     the 2-week period involved, that are requested in advance by 
     an employer; or
       ``(B) when used with respect to flexible credit hour 
     programs under subsection (c), means all hours worked in 
     excess of 40 hours in a week that are requested in advance by 
     an employer, but does not include flexible credit hours.
       ``(8) Regular rate.--The term `regular rate' has the 
     meaning given the term in section 7(e).''.
       (2) Prohibitions.--Section 15(a)(3) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
       (A) by inserting ``(A)'' after ``(3)'';
       (B) by adding ``or'' after the semicolon; and
       (C) by adding at the end the following:
       ``(B) to violate any of the provisions of section 13A;''.
       (c) Limitations On Salary Practices Relating To Exempt 
     Employees.--
       (1) In general.--Section 13 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 213) is amended by adding at the end the 
     following:
       ``(m)(1)(A) In the case of a determination of whether an 
     employee is an exempt employee described in subsection 
     (a)(1), the fact that the employee is subject to deductions 
     in pay for--

[[Page S2446]]

       ``(i) absences of the employee from employment of less than 
     a full workday; or
       ``(ii) absences of the employee from employment of less 
     than a full pay period,

     shall not be considered in making such determination.
       ``(B) In the case of a determination described in 
     subparagraph (A), an actual reduction in pay of the employee 
     may be considered in making the determination for that 
     employee.
       ``(C) For the purposes of this paragraph, the term `actual 
     reduction in pay' does not include any reduction in accrued 
     paid leave, or any other practice, that does not reduce the 
     amount of pay an employee receives for a pay period.
       ``(2) The payment of overtime compensation or other 
     additions to the compensation of an employee employed on a 
     salary based on hours worked shall not be considered in 
     determining if the employee is an exempt employee described 
     in subsection (a)(1).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of enactment of this Act and 
     shall apply to any civil action--
       (A) that involves an issue with respect to section 13(a)(1) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     213(a)(1)); and
       (B) in which a final judgment has not been made prior to 
     such date.
       (d) Protections for Claims Relating to Compensatory Time 
     Off 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: 
     ``except that all accrued compensatory time (as defined in 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207)) 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))''.

     SEC. ____4. TERMINATION.

       The authority provided by this title, and the amendments 
     made by this title, terminates 5 years after the date of 
     enactment of this Act.

                          ____________________