[House Report 104-704]
[From the U.S. Government Publishing Office]

104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-704



   July 24, 1996.--Referred to the House Calendar and ordered to be 


    Ms. Greene of Utah, from the Committee on Rules, submitted the 

                              R E P O R T

                       [To accompany H. Res. 488]

    The Committee on Rules, having had under consideration 
House Resolution 488, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2391, 
the ``Working Families Flexibility Act of 1996'' under a 
modified open rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Economic and Educational 
    The rule provides for a 2 hour limit on the amendment 
    The rule also makes in order as an original bill for the 
purpose of amendment the amendment in the nature of a 
substitute recommended by the Committee on Economic and 
Educational Opportunities now printed in the bill. The rule 
waives clause 7 of rule XVI (germaneness) against the committee 
amendment in the nature of a substitute.
    The rule provides for the consideration of a manager's 
amendment printed in the Rules Committee report, which is 
considered as read, not subject to amendment or to a division 
of the question, may amend portions of the bill not yet read, 
and is debatable for 10 minutes equally divided between the 
proponent and an opponent. If adopted, the amendment is 
considered as part of the base text for further amendment 
    The rule provides for consideration of only those 
amendments that are preprinted in the Congressional Record.
    The rule allows for the Chairman of the Committee of the 
Whole to postpone votes during consideration of the bill, and 
to reduce voting time to five minutes on a postponed question 
if the vote follows a fifteen minute vote.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

           summary of manager's floor amendment to h.r. 2391

    Adds language requiring private sector employer to provide 
an employee with 30 days notice prior to cashing out the 
employee's accrued, unused compensatory time.
    Adds language which allows private sector employer to only 
cash out unused compensatory time accrued by an employee in 
excess of 80 hours, unless the cash out is in response to an 
employee request.
    Requires a private sector employer to provide employees 
with 30 days notice prior to discontinuing a policy of offering 
compensatory time to employees.
    Specifies that a private sector employee may, at any time, 
withdraw from a compensatory time agreement with the employer.
    Adds a new section which requires the Secretary of Labor to 
revise the posting requirements under the regulations of the 
Fair Labor Standards Act to reflect the provisions of H.R. 
    Clarifies that unused compensatory time would be considered 
to be unpaid overtime compensation for the purposes of all 
remedies under the Fair Labor Standards Act, not just for 
section 16(b)/private suits.
    Eliminates language which limited a private sector 
employee's remedies against an employer to ``willful'' 
violations of the anticoercion provision in H.R. 2391.
    Adds language to clarify that the reference to the limit 
for accrued comp time includes subparagraph (4). (Technical 

The Amendment To Be Offered by Representative Goodling of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

    Page 3, line 20, insert ``(4) or'' after ``paragraph''.
    Page 5, line 10, insert ``in excess of 80 hours'' after 
    Page 5, insert after line 12 the following:
    ``(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.''.
    Page 5, line 11, insert before the period the following: 
``after giving the employee at least 30 days notice''.
    Page 7, beginning in line 12, strike '', for purposes of 
section 16(b),''.
    Page 8, line 9, strike ``willfully''.
    Page 8, insert after line 15 the following:


    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.