[Congressional Record Volume 142, Number 99 (Monday, July 8, 1996)]
[Senate]
[Pages S7417-S7418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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             THE SMALL BUSINESS JOB PROTECTION ACT OF 1996

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                       KENNEDY AMENDMENT NO. 4435

  Mr. KENNEDY proposed an amendment to the bill (H.R. 3448) to provide 
tax relief for small businesses, to protect jobs, to create 
opportunities, to increase the take home pay of workers, and for other 
purposes; as follows:

       Strike Title II and replace with the following:

                       Title II--Labor Provisions

     SECTION 1. INCREASE IN THE MINIMUM WAGE RATE.

       (a) In General.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 4, 
     1996, not less than $4.70 an hour during the year beginning 
     July 5, 1996, and not less than $5.15 an hour after July 4, 
     1997;''.
       (b) Employees Who Are Youths.--Section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended--
       (1) in paragraph (4), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end 
     thereof and inserting ``; or''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(6) if the employee--
       ``(A) is not a migrant agricultural worker or a seasonal 
     agricultural worker (as defined in paragraphs (8) and (10) of 
     section 3 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1802 (8) and (10)) without regard 
     to subparagraph (B) of such paragraphs and is not a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)); and
       ``(B) has not attained the age of 20 years, not less than 
     $4.25 an hour during the first 30 days in which the employee 
     is employed by the employer, and, thereafter, not less than 
     the applicable wage rate described in paragraph (1).''.
       (c) Employees in Puerto Rico.--Section 6(c) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(c)) is amended to 
     read as follows:
       ``(c) The rate or rates provided by subsection (a)(1) shall 
     be applicable in the case of any employee in Puerto Rico 
     except an employee described in subsection (a)(2).''.

     SEC. 2. EXEMPTION OF COMPUTER PROFESSIONALS FROM CERTAIN WAGE 
                   REQUIREMENTS.

       Section 13(a) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(a)) is amended--
       (1) by striking the period at the end of paragraph (16) and 
     inserting ``; or''; and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(17) any employee who is a computer systems analyst, 
     computer programer, software engineer, or other similarly 
     skilled worker, whose primary duty is--
       ``(A) the application of systems analysis techniques and 
     procedures, including consulting with users, to determine 
     hardware,

[[Page S7418]]

     software, or system functional specifications;
       ``(B) the design, development, documentation, analysis, 
     creation, testing, or modification of computer systems or 
     programs, including prototypes, based on and related to user 
     or system design specifications;
       ``(C) the design, documentation, testing, creation, or 
     modification of computer programs related to machine 
     operating systems; or
       ``(D) a combination of duties described in subparagraph 
     (A), (B), and (C) the performance of which requires the same 
     level of skills, and

     who, in the case of an employee who is compensated on an 
     hourly basis, is compensated at a rate of not less then 
     $27.63 an hour.''.

     SEC. 3. USE OF AN EMPLOYER-OWNER VEHICLE.

       (a) In General.--Section 4 of the Portal-to-Portal Act of 
     1947 (29 U.S.C. 254) is amended by inserting at the end the 
     following:
       ``(e) For purposes of subsection (a), the use by an 
     employee of an employer-owned vehicle to initially travel to 
     the actual place of performance of the principal activity 
     which such employee is employed to perform at the start of 
     the workday and to ultimately travel to the home of the 
     employee from the actual place of performance of the 
     principal activity which such employee is employed to perform 
     at the end of the workday shall not be considered an activity 
     for which the employer is required to pay the minimum wage or 
     overtime compensation if--
       ``(1) such employee has chosen to drive such vehicle 
     pursuant to a knowing and voluntary agreement between such 
     employer and such employee or the representative of such 
     employee and such agreement is not a condition of employment;
       ``(2) such employee incurs no costs for driving, parking, 
     or otherwise maintaining the vehicle of such employer;
       ``(3) the worksites to which such employee is commuting to 
     or from are within the normal commuting area of the 
     establishment of such employer; and
       ``(4) such vehicle is of a type that does not impose 
     substantially greater difficulties to drive than the type of 
     vehicle that is normally used by individuals for 
     commuting.''.
       (b) Effective Date.--The amendment made by subsection (c) 
     shall take effect on the date of enactment of this Act and 
     shall apply in determining the application of section 4 of 
     the Portal-to-Portal Act of 1947 (29 U.S.C. 254) to an 
     employee in any civil section brought before such date of 
     enactment but pending on such date.

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