TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and 
Public Safety Act of 2005''.

SEC. 2. EMERGENCY SERVICE.

    (a) 911 and E-911 Services.--Notwithstanding section 2(b) or any 
other provision of the Communications Act of 1934, the Commission shall 
prescribe regulations to establish a set of requirements or obligations 
on providers of IP-enabled voice service to ensure that 911 and E-911 
services are available to customers to IP-enabled voice service. Such 
regulations shall include an appropriate transition period by which to 
comply with such requirements or obligations and take into 
consideration available industry technological and operational 
standards, including network security.
    (b) Non-Discriminatory Access to Capabilities.--Each entity with 
ownership or control of the necessary emergency services infrastructure 
shall provide any requesting IP-enabled voice service provider with 
nondiscriminatory access to their equipment, network, databases, 
interfaces and any other related capabilities necessary for the 
delivery and completion of 911 and E911 calls and information related 
to such 911 or E911 calls. Such access shall be consistent with 
industry standards established by the National Emergency Number 
Association or other applicable industry standards organizations. Such 
entity shall provide access to the infrastructure at just and 
reasonable, nondiscriminatory rates, terms and conditions. The 
telecommunications carrier or other entity shall provide such access to 
the infrastructure on a stand-alone basis.
    (c) State Authority.--Nothing in this Act, the Communications Act 
of 1934, or any Commission regulation or order shall prevent the 
imposition on or collection from a provider of voice services, 
including IP-enabled voice services, of any fee or charge specifically 
designated or presented as dedicated by a State, political subdivision 
thereof, or Indian tribe on an equitable, and non-discriminatory basis 
for the support of 911 and E-911 services if no portion of the revenue 
derived from such fee or charge is obligated or expended for any 
purpose other than support of 911 and E-911 services or enhancements of 
such services.
    (d) Standard.--The Commission may establish regulations imposing 
requirements or obligations on providers of voice services, entities 
with ownership or control of emergency services infrastructure under 
subsections (a) and (b) only to the extent that the Commission 
determines such regulations are technologically and operationally 
feasible.
    (e) Customer Notice.--Prior to the compliance with the rules as 
required by subsection (a), a provider of an IP-enabled voice service 
that is not capable of providing 911 and E-911 services shall provide a 
clear and conspicuous notice of the unavailability of such services to 
each customer at the time of entering into a contract for such service 
with that customer.
    (f) Voice Service Provider Responsibility.--An IP-enabled voice 
service provider shall have the sole responsibility for the proper 
design, operation, and function of the 911 and E911 access capabilities 
offered to the provider's customers.
    (g) Parity of Protection for Provision or Use of IP-Enabled Voice 
Service.--
            (1) Provider parity.--If a provider of an IP-enabled voice 
        service offers 911 or E-911 services in compliance with the 
        rules required by subsection (a), that provider, its officers, 
        directors, employees, vendors, and agents, shall have immunity 
        or other protection from liability of a scope and extent that 
        is not less than the scope and extent of immunity or other 
        protection from liability that any local exchange company, and 
        its officers directors, employees, vendors, or agents, have 
        under the applicable Federal and State law (whether through 
        statute, judicial decision, tariffs filed by such local 
        exchange company, or otherwise), including in connection with 
        an act or omission involving the release of subscriber 
        information related to the emergency calls or emergency 
        services to a public safety answering point, emergency medical 
        service provider, or emergency dispatch provider, public 
        safety, fire service, or law enforcement official, or hospital 
        emergency or trauma care facility.
            (2) User parity.--A person using an IP-enabled voice 
        service that offers 911 or E-911 services pursuant to this 
        subsection shall have immunity or other protection from 
        liability of a scope and extent that is not less than the scope 
        and extent of immunity or other protection from liability under 
        applicable law in similar circumstances of a person using 911 
        or E-911 service that is not provided through an IP-enabled 
        voice service.
            (3) PSAP parity.--In matters related to IP-enabled 911 and 
        E-911 communications, a PSAP, and its employees, vendors, 
        agents, and authorizing government entity (if any) shall have 
        immunity or other protection from liability of a scope and 
        extent that is not less than the scope and extent of immunity 
        or other protection from liability under applicable law 
        accorded to such PSAP, employees, vendors, agents, and 
        authorizing government entity, respective, in matters related 
        to 911 or E-911 communications that are not provided via an IP-
        enabled voice service.
    (h) Delegation Permitted.--The Commission may, in the regulations 
prescribed under this section, provide for the delegation to State 
commissions of authority to implement and enforce the requirements of 
this section and the regulations thereunder.

SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    Section 158 of the National Telecommunications and Information 
Administration Organization Act (as added by section 104 of the ENHANCE 
911 Act of 2004) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 18 months after 
        the date of the enactment of the ENHANCE 911 Act of 2004, the 
        Office shall develop and report to Congress on a national plan 
        for migrating to a national IP-enabled emergency network 
        capable of receiving and responding to all citizen activated 
        emergency communications.
            ``(2) Contents of plan.--The plan required by paragraph (1) 
        shall--
                    ``(A) outline the potential benefits of such a 
                migration;
                    ``(B) identify barriers that must be overcome and 
                funding mechanisms to address those barriers;
                    ``(C) include a proposed timetable, an outline of 
                costs and potential savings;
                    ``(D) provide specific legislative language, if 
                necessary, for achieving the plan; and
                    ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network.
            ``(3) Consultation.--In developing the plan required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.''.

SEC. 4. DEFINITIONS.

    (a) In General.--For purposes of this Act:
            (1) 911 and e-911 services.--
                    (A) 911.--The term ``911'' means a service that 
                allows a user, by dialing the three-digit code 911, to 
                call a public safety answering point operated by a 
                State, local government, Indian tribe, or authorized 
                entity.
                    (B) E-911.--The term ``E-911 service'' means a 911 
                service that automatically delivers the 911 call to the 
                appropriate public safety answering point, and provides 
                automatic identification data, including the 
                originating number of an emergency call, the physical 
                location of the caller, and the capability for the 
                public safety answering point to call the user back if 
                the call is disconnected.
            (2) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means an IP-enabled service used for real-time 2-way 
        or multidirectional voice communications offered to a customer 
        that--
                    (A) uses North American Numbering Plan administered 
                telephone numbers, or successor protocol; and
                    (B) has two-way interconnection or otherwise 
                exchange traffic with the public switched telephone 
                network.
            (3) Customer.--The term ``customer'' includes a consumer of 
        goods or services whether for a fee, in exchange for an 
        explicit benefit, or provided for free.
            (4) IP-enabled service.--The term ``IP-enabled service'' 
        means the use of software, hardware, or network equipment that 
        enable an end user to send or receive a communication over the 
        public Internet or a private network utilizing Internet 
        protocol, or any successor protocol, in whole or part, to 
        connect users--
                    (A) regardless of whether the communication is 
                voice, data, video, or other form; and
                    (B) notwithstanding --
                            (i) the underlying transmission technology 
                        used to transmit the communications;
                            (ii) whether the packetizing and 
                        depacketizing of the communications occurs at 
                        the customer premise or network level; or
                            (iii) the software, hardware, or network 
                        equipment used to connect users.
            (5) Public switched telephone network.--The term ``public 
        switched telephone network'' means any switched common carrier 
        service that is interconnected with the traditional local 
        exchange or interexchange switched network.
            (6) PSAP.--The term ``public safety answering point'' or 
        ``PSAP'' means a facility that has been designated to receive 
        911 calls.
    (b) Common Terminology.--Except as otherwise provided in subsection 
(a), terms used in this Act have the meanings provided under section 3 
of the Communications Act of 1934.

SOLUTION: IP-Enabled Voice Communications and Public Safety Act of 2005 - Directs the Federal Communications Commission (FCC) to prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service (Internet protocol-enabled service for real-time two-way or multidirectional voice communications) to ensure that 911 (emergency) services and E-911 services (services that automatically delivers a 911 call to the appropriate public safety answering point) are available to customers of IP-enabled voice service. Requires: (1) nondiscriminatory IP provider access to 911 and E-911 services; (2) IP providers to provide to customers a clear and conspicuous notice of the unavailability of 911 and E-911 services; and (3) IP provider and user immunity in the provision and use of 911 and E-911 services to the same extent as local exchange companies and other persons, respectively.

Amends the National Telecommunications and Information Administration Organization Act to require the E-911 Implementation Coordination Office to develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Embassy Construction and 
Counterterrorism Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On August 17, 1998, two United States embassies in 
        Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed 
        by simultaneously exploding bombs. The resulting explosions 
        killed 220 persons and injured more than 4,000 others. Twelve 
        Americans and 40 Kenyan and Tanzanian employees of the United 
        States Foreign Service were killed in the attack.
            (2) The United States personnel in both Dar Es Salaam and 
        Nairobi showed leadership and personal courage in their 
        response to the attacks. Despite the havoc wrecked upon the 
        embassies, staff in both embassies provided rapid response in 
        locating and rescuing victims, providing emergency assistance, 
        and quickly restoring embassy operations during a crisis.
            (3) The bombs are believed to have been set by individuals 
        associated with Osama bin Laden, leader of a known 
        transnational terrorist organization. In February of 1998 Bin 
        Laden issued a directive to his followers that called for 
        attacks against American interests anywhere in the world.
            (4) Following the bombings, additional threats have been 
        made against United States diplomatic facilities.
            (5) A review board was convened following the bombings, as 
        required by Public Law 99-399. The panel was chaired by Admiral 
        William J. Crowe, United States Navy (Ret).
            (6) The conclusions of the Crowe panel are strikingly 
        similar to those stated by the Inman Commission, which issued 
        an extensive embassy security report more than 14 years ago.
            (7) Admiral Crowe's panel issued a report setting out the 
        following two striking problems:
                    (A) The United States has devoted inadequate 
                resources towards security against terrorist attacks.
                    (B) The United States Government places too low a 
                priority on security concerns. The result has been a 
                failure to take adequate steps to prevent tragedies 
                such as the bombings in Kenya and Tanzania.
            (8) The Crowe panel found that there was an institutional 
        failure on the part of the Department of State and embassies 
        under its direction, to recognize threats posed by 
        transnational terrorism and vehicular bombs.
            (9) Responsibility for obtaining adequate resources for 
        security programs is widely shared throughout the United States 
        Government, including Congress. Unless the vulnerabilities 
        identified in the Crowe report are addressed in a sustained and 
        financially realistic manner, the lives and safety of United 
        States employees in diplomatic facilities will continue to be 
        at risk from further terrorist attacks.
            (10) Although service in the Foreign Service or other 
        Government positions in foreign countries can never be 
        completely without risk, the United States must ensure that the 
        risks are kept to a minimum.

SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this Act, the term ``United States diplomatic facility'' means 
any embassy, chancery, legation, consulate or other office building or 
structure used by a United States diplomatic mission or consular post 
or by any agency of the United States.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authority.--The Secretary of State may use funds available 
under the account established in subsection (b) for the purposes of 
constructing, or providing security upgrades to, United States 
diplomatic facilities in order to meet the security requirements set 
forth in section 6.
    (b) Establishment of Account.--There is established in the general 
fund of the Treasury of the United States an appropriations account for 
the Department of State which shall be known as the ``Embassy 
Construction and Security'' account.
    (c) Certification.--Prior to obligation of any amount from the 
Embassy Construction and Security account, the Secretary of State shall 
certify to Congress, in classified form, that construction or upgrading 
of the United States diplomatic facility is necessary to bring the 
United States into compliance with all applicable security 
requirements, including those requirements set forth in section 6.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of State under ``Embassy Construction and 
        Security''--
                    (A) for fiscal year 2000, $600,000,000;
                    (B) for fiscal year 2001, $600,000,000;
                    (C) for fiscal year 2002, $600,000,000;
                    (D) for fiscal year 2003, $600,000,000; and
                    (E) for fiscal year 2004, $600,000,000.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 5. OBLIGATION OF FUNDS.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of State shall submit a classified report to 
Congress containing an identification of those United States diplomatic 
facilities that are most vulnerable to terrorist attack and setting 
out, in tiers of 20, those facilities from the most to the least 
vulnerable to such an attack.
    (b) Priority of Rebuilding Efforts.--Funds in the Embassy 
Construction and Security account allocated for construction of new 
embassies shall be used to rebuild only those embassies in the top 
three tiers, as designated by the Secretary of State.
    (c) Advanced Congressional Notifications.--Prior to obligation of 
funds in the Embassy Construction and Security account, or the 
reprogramming of funds out of that account, the Secretary of State 
shall notify the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives in 
accordance with section 34(a) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate 
or reprogram the funds, as the case may be.

SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

    (a) Description of Requirements.--The following security 
requirements shall apply with respect to United States diplomatic 
facilities:
            (1) Threat assessments.--
                    (A) The Emergency Action Plan (EAP) of each United 
                States mission shall address threats from large 
                vehicular bombs and transnational terrorism.
                    (B) The ``Composite Threat List'' shall contain a 
                section that addresses acts of international terrorism 
                against United States diplomatic facilities based on 
                criteria for identifying threats that emphasize the 
                threat of transnational terrorism and includes such 
                other criteria as the physical security environment, 
                host government support, and cultural realities.
            (2) Site selection.--
                    (A) In selecting sites for new United States 
                diplomatic facilities abroad, all United States 
                Government agencies (except military installations) 
                shall be located on the same compound.
                    (B) The Secretary of State and the relevant agency 
                head may waive subparagraph (A) if the Secretary and 
                the agency head jointly certify to Congress that 
                security requirements so permit.
                    (C) Any waiver under this paragraph shall be 
                exercised only in accordance with the procedures 
                applicable to reprogramming notifications under section 
                34 of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2706).
            (3) Perimeter distance.--Each newly constructed or acquired 
        United States diplomatic facility shall be sited not less than 
        100 feet from the perimeter of the property on which the 
        facility is situated.
            (4) Crisis management training.--
                    (A) The appropriate personnel of the Department of 
                State shall undertake crisis management training for 
                mass casualty and mass destruction incidents relating 
                to diplomatic facilities which are designed to bring 
                about a rapid response to such incidents from 
                Department of State headquarters in Washington, D.C.
                    (B) A program of appropriate instruction in crisis 
                management shall be provided to personnel at United 
                States diplomatic facilities abroad.
            (5) Foreign emergency support team.--The Foreign Emergency 
        Support Team (FEST) of the Department of State shall receive 
        sufficient support from the Department, including--
                    (A) conducting routine training exercises through 
                the FEST;
                    (B) providing personnel identified to serve on the 
                FEST as a collateral duty;
                    (C) providing personnel to assist in medical 
                relief, public affairs, engineering, and building 
                safety; and
                    (D) providing such additional support as may be 
                necessary to enable the FEST to provide support in a 
                post-crisis environment involving mass casualties and 
                physical damage.
            (6) Rapid response procedures.--The Secretary of State 
        shall enter into a memorandum of understanding with the 
        Secretary of Defense setting out rapid response procedures for 
        mobilization of personnel and equipment of their respective 
        departments to provide more effective assistance in times of 
        emergency with respect to United States diplomatic facilities.
            (7) Storage of emergency equipment and records.--All United 
        States diplomatic missions shall have emergency equipment and 
        records stored at a secure off-site facility.
    (b) Review and Revision by the Secretary of State.--The Secretary 
of State shall review and revise security requirements in effect for 
United States diplomatic facilities as of the date of enactment of this 
Act to ensure their compliance with the security requirements described 
in subsection (a).

SEC. 7. CLOSURE OF VULNERABLE POSTS.

    (a) Review.--The Secretary of State shall review the findings of 
the Overseas Presence Advisory Panel.
    (b) Report.--
            (1) In general.--Not later than January 1, 2000, the 
        Secretary of State shall submit a report to Congress in 
        classified form setting forth the results of the review 
        conducted under subsection (a).
            (2) Elements of the report.--The report shall--
                    (A) specify whether any United States diplomatic 
                facility should be closed because--
                            (i) the facility is high vulnerability and 
                        subject to threat of terrorist attack; and
                            (ii) adequate security enhancements cannot 
                        be provided to the facility; and
                    (B) identify plans to provide secure premises for 
                permanent use by the United States diplomatic mission, 
                whether in country or in a regional United States 
                diplomatic facility, or for temporary occupancy pending 
                construction of new buildings.

SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES 
              DIPLOMATIC FACILITY.

    Not later than January 1, 2000, the Secretary of State shall submit 
a report to Congress, in classified and unclassified form, on the role 
and function of each United States diplomatic facility through 2010. 
The report shall describe--
            (1) the potential for reduction or transfer of personnel 
        and equipment if technology is adequately exploited for maximum 
        efficiencies;
            (2) the balance between the cost of maintaining a secure 
        United States diplomatic facility and the benefit of a United 
        States presence;
            (3) the potential for relying on regional United States 
        diplomatic facilities in certain parts of the world; and
            (4) necessary upgrades, in order of importance, for such 
        facilities.

SEC. 9. OVERSEAS SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is amended by 
inserting after section 36 (22 U.S.C. 2708) the following new section:

``SEC. 36A. THE OVERSEAS SERVICE STAR.

    ``(a) Authority.--The President, upon the recommendation of the 
Secretary, may award an overseas service star to any member of the 
Foreign Service or any other civilian employee of the Government of the 
United States who, after August 1, 1998, while employed at, or assigned 
permanently or temporarily to, an official mission overseas or while 
traveling abroad on official business, incurred a wound or other injury 
or an illness (whether or not the wound, other injury, or illness 
resulted in death)--
            ``(1) as the person was performing official duties;
            ``(2) as the person was on the premises of a United States 
        mission abroad; or
            ``(3) by reason of the person's status as a United States 
        Government employee.
    ``(b) Cases Resulting From Unlawful Conduct.--Cases covered by 
subsection (a) include cases of wounds or other injuries incurred as a 
result of terrorist or military action, civil unrest, or criminal 
activities directed at any facility of the Government of the United 
States.
    ``(c) Selection Criteria.--The Secretary shall prescribe the 
procedures for identifying and considering persons eligible for award 
of an overseas service star and for selecting the persons to be 
recommended for the award.
    ``(d) Award in the Event of Death.--If a person selected for award 
of an overseas service star dies before being presented the award, the 
award may be made and the star presented to the person's family or to 
the person's representative, as designated by the President.
    ``(e) Form of Award.--The Secretary shall prescribe the design of 
the overseas service star. The award may not include a stipend or any 
other cash payment.
    ``(f) Funding.--
            ``(1) Any expenses incurred for awarding a person an 
        overseas service star may be paid out of appropriations 
        available at the time of the award for personnel of the 
        department or agency of the United States Government in which 
        the person was employed when the person incurred the wound, 
        injury, or illness upon which the award is based.
            ``(2) Limitation.--No funds may be made available under 
        this section for cash payments to recipients.''.

SOLUTION: Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S.  diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations. 
(Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers. 
(Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. 
(Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010. 
(Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee.  Specifies award requirements.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Families Flexibility Act of 
1999''.

SEC. 2. COMPENSATORY TIME.

    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) 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 overtime compensation 
                is required by this section.
                    ``(B) Definition.--For purposes of this subsection, 
                the term `employee' does not include an employee of a 
                public agency.
            ``(2) Conditions.--An employer may provide compensatory 
        time to employees under paragraph (1)(A) only if such time is 
        provided in accordance with--
                    ``(A) applicable provisions of a collective 
                bargaining agreement between the employer and the labor 
                organization which has been certified or recognized as 
                the representative of the employees under applicable 
                law, or
                    ``(B) in the case of employees who are not 
                represented by a labor organization which has been 
                certified or recognized as the representative of such 
                employees under applicable law, an agreement arrived at 
                between the employer and employee before the 
                performance of the work and affirmed by a written or 
                otherwise verifiable record maintained in accordance 
                with section 11(c)--
                            ``(i) in which the employer has offered and 
                        the employee has chosen to receive compensatory 
                        time in lieu of monetary overtime compensation; 
                        and
                            ``(ii) entered into knowingly and 
                        voluntarily by such employees and not as a 
                        condition of employment.
        No employee may receive or agree to receive compensatory time 
        off under this subsection unless the employee has worked at 
        least 1000 hours for the employee's employer during a period of 
        continuous employment with the employer in the 12 month period 
        before the date of agreement or receipt of compensatory time 
        off.
            ``(3) Hour limit.--
                    ``(A) Maximum hours.--An employee may accrue not 
                more than 160 hours of compensatory time.
                    ``(B) Compensation date.--Not later than January 31 
                of each calendar year, the employee's employer shall 
                provide monetary compensation for any unused 
                compensatory time off accrued during the preceding 
                calendar year which was not used prior to December 31 
                of the preceding year at the rate prescribed by 
                paragraph (6). An employer may designate and 
                communicate to the employer's employees a 12-month 
                period other than the calendar year, in which case such 
                compensation shall be provided not later than 31 days 
                after the end of such 12-month period.
                    ``(C) Excess of 80 hours.--The employer may provide 
                monetary compensation for an employee's unused 
                compensatory time in excess of 80 hours at any time 
                after giving the employee at least 30 days notice. Such 
                compensation shall be provided at the rate prescribed 
                by paragraph (6).
                    ``(D) Policy.--Except where a collective bargaining 
                agreement provides otherwise, an employer which has 
adopted a policy offering compensatory time to employees may 
discontinue such policy upon giving employees 30 days notice.
                    ``(E) Written request.--An employee may withdraw an 
                agreement described in paragraph (2)(B) at any time. An 
                employee may also request in writing that monetary 
                compensation be provided, at any time, for all 
                compensatory time accrued which has not yet been used. 
                Within 30 days of receiving the written request, the 
                employer shall provide the employee the monetary 
                compensation due in accordance with paragraph (6).
            ``(4) Private employer actions.--An employer which provides 
        compensatory time under paragraph (1) to employees shall not 
        directly or indirectly intimidate, threaten, or coerce or 
        attempt to intimidate, threaten, or coerce any employee for the 
        purpose of--
                    ``(A) interfering with such employee's rights under 
                this subsection to request or not request compensatory 
                time off in lieu of payment of monetary overtime 
                compensation for overtime hours; or
                    ``(B) requiring any employee to use such 
                compensatory time.
            ``(5) Termination of employment.--An employee who has 
        accrued compensatory time off authorized to be provided under 
        paragraph (1) shall, upon the voluntary or involuntary 
        termination of employment, be paid for the unused compensatory 
        time in accordance with paragraph (6).
            ``(6) Rate of compensation.--
                    ``(A) General rule.--If compensation is to be paid 
                to an employee for accrued compensatory time off, such 
                compensation shall be paid at a rate of compensation 
                not less than--
                            ``(i) the regular rate received by such 
                        employee when the compensatory time 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 shall be considered unpaid overtime 
                compensation.
            ``(7) Use of time.--An employee--
                    ``(A) who has accrued compensatory time off 
                authorized to be provided under paragraph (1), and
                    ``(B) who has requested the use of such 
                compensatory time,
        shall be permitted by the employee's employer to use such time 
        within a reasonable period after making the request if the use 
        of the compensatory time does not unduly disrupt the operations 
        of the employer.
            ``(8) Definitions.--The terms `overtime compensation' and 
        `compensatory time' shall have the meanings given such terms by 
        subsection (o)(7).''.

SEC. 3. REMEDIES.

    Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) 
is amended--
            (1) in subsection (b), by striking ``(b) Any employer'' and 
        inserting ``(b) Except as provided in subsection (f), any 
        employer''; and
            (2) by adding at the end the following:
    ``(f) An employer which violates section 7(r)(4) shall be liable to 
the employee affected in the amount of the rate of compensation 
(determined in accordance with section 7(r)(6)(A)) for each hour of 
compensatory time accrued by the employee and in an additional equal 
amount as liquidated damages reduced by the amount of such rate of 
compensation for each hour of compensatory time used by such 
employee.''.

SEC. 4. NOTICE TO EMPLOYEES.

    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.

SEC. 5. SUNSET.

    This Act and the amendments made by this Act shall expire 5 years 
after the date of the enactment of this Act.

SOLUTION:
Working Families Flexibility Act of 1999 - Amends the Fair Labor Standards Act of 1938 to provide for compensatory time for all employees. 
Allows an employee to receive, 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 overtime compensation is required under the Act.