[House Report 113-51]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-51

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1406) TO AMEND THE FAIR 
LABOR STANDARDS ACT OF 1938 TO PROVIDE COMPENSATORY TIME FOR EMPLOYEES 
                         IN THE PRIVATE SECTOR

                                _______
                                

 May 6, 2013.--Referred to the House Calendar and ordered to be printed

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                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 198]

    The Committee on Rules, having had under consideration 
House Resolution 198, 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. 1406, the 
Working Families Flexibility Act of 2013, under a structured 
rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Education and the Workforce. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and the 
Workforce now printed in the bill shall be considered as 
adopted and the bill, as amended, shall be considered as read. 
The resolution waives all points of order against provisions in 
the bill, as amended. The resolution makes in order only the 
further amendment printed in this report, if offered by 
Representative Gibson of New York or his designee. The 
amendment shall be considered as read, shall be separately 
debatable for 10 minutes 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 division of the 
question. The resolution waives all points of order against the 
amendment printed in this report. The resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            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. 27

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-9.


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           Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx.............................  Nay                       Ms. Slaughter.........   Yea
Mr. Bishop of Utah...................  Nay                       Mr. McGovern..........   Yea
Mr. Cole.............................  Nay                      Mr. Hastings of Florida
Mr. Woodall..........................  Nay                       Mr. Polis.............   Yea
Mr. Nugent...........................  Nay
Mr. Webster..........................  Nay
Ms. Ros-Lehtinen.....................  Nay
Mr. Burgess..........................  Nay
Mr. Sessions, Chairman...............  Nay
----------------------------------------------------------------------------------------------------------------

                 SUMMARY OF THE AMENDMENT MADE IN ORDER

    Gibson (NY), King, Peter (NY), Meehan (PA): Requires the 
GAO to submit a report to Congress on the usage of compensatory 
time allowed under the Act and detail any complaints filed or 
enforcement actions taken for alleged violations of the Act. 
The report will ensure Congress can monitor any potential abuse 
of the Act. (10 minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

An Amendment To Be Offered by Representative Gibson of New York or His 
                   Designee, Debatable for 10 Minutes

  Redesignate section 5 as section 6 and insert after section 4 
the following:

SEC. 5. G.A.O REPORT.

  Beginning 2 years after the date of enactment of this Act and 
each of the 3 years thereafter, the Comptroller General shall 
submit a report to Congress providing, with respect to the 
reporting period immediately prior to each such report--
          (1) data concerning the extent to which employers 
        provide compensatory time pursuant to section 7(s) of 
        the Fair Labor Standards Act of 1938, as added by this 
        Act, and the extent to which employees opt to receive 
        compensatory time;
          (2) the number of complaints alleging a violation of 
        such section filed by any employee with the Secretary 
        of Labor;
          (3) the number of enforcement actions commenced by 
        the Secretary or commenced by the Secretary on behalf 
        of any employee for alleged violations of such section;
          (4) the disposition or status of such complaints and 
        actions described in paragraphs (2) and (3); and
          (5) an account of any unpaid wages, damages, 
        penalties, injunctive relief, or other remedies 
        obtained or sought by the Secretary in connection with 
        such actions described in paragraph (3).

                                  
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