[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1227 Reported in House (RH)]






                                                 Union Calendar No. 289
104th CONGRESS
  2d Session
                                H. R. 1227

                          [Report No. 104-585]

 To amend the Portal-to-Portal Act of 1947 relating to the payment of 
          wages to employees who use employer owned vehicles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 1995

  Mr. Fawell introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

                              May 20, 1996

 Additional sponsors: Mr. Linder, Mr. Hoekstra, Mr. Miller of Florida, 
  Mr. Christensen, Mr. Cunningham, Mr. Jacobs, Mr. Ehlers, Mr. Engel, 
  Mrs. Meyers of Kansas, Mr. Funderburk, Mr. Barrett of Nebraska, Mr. 
  Norwood, Mr. Hutchinson, Mr. Sam Johnson of Texas, Mr. Graham, Mr. 
 Greenwood, Mr. Walsh, Mr. Weldon of Florida, Mr. Cramer, Mr. Archer, 
                         and Mr. Sensenbrenner

                              May 20, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Portal-to-Portal Act of 1947 relating to the payment of 
          wages to employees who use employer owned vehicles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. PROPER COMPENSATION FOR USE OF EMPLOYER 
              VEHICLES.</DELETED>

<DELETED>    Section 4(a) of the Portal-to-Portal Act of 1947 (29 
U.S.C. 254(a)) is amended by striking ``and'' at the end of paragraph 
(1), by striking the period at the end of paragraph (2) and inserting 
``; and'', and by adding at the end the following:</DELETED>
        <DELETED>    ``(3) use of employer owned vehicles for traveling 
        to and from the actual place of performance of the principal 
        activity which such employee is employed to 
        perform.''.</DELETED>

SECTION 1. PROPER COMPENSATION FOR USE OF EMPLOYER VEHICLES.

    Section 4(a) of the Portal-to-Portal Act of 1947 (29 U.S.C. 254(a)) 
is amended by adding at the end the following: ``For purposes of this 
subsection, the use of an employer's vehicle for travel by an employee 
and activities performed by an employee which are incidental to the use 
of such vehicle for commuting shall not be considered part of the 
employee's principal activities if the use of such vehicle for travel 
is within the normal commuting area for the employer's business or 
establishment and the use of the employer's vehicle is subject to an 
agreement on the part of the employer and the employee or 
representative of such employee.''.

SEC. 2. EFFECTIVE DATE.

    The amendment made by section 1 shall take effect on the date of 
the enactment of this Act and shall apply in determining the 
application of section 4 of the Portal-to-Portal Act of 1947 to an 
employee in any civil action brought before such date of enactment but 
pending on such date.




                                                 Union Calendar No. 289

104th CONGRESS

  2d Session

                               H. R. 1227

                          [Report No. 104-585]

_______________________________________________________________________

                                 A BILL

 To amend the Portal-to-Portal Act of 1947 relating to the payment of 
          wages to employees who use employer owned vehicles.

_______________________________________________________________________

                              May 20, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed