29–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–51 

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 

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. 


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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. 

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; 


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(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). 

Æ 


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