[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Pages E13-E14]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   JOB SKILLS DEVELOPMENT ACT OF 1997

                                 ______
                                 

                          HON. JOE KNOLLENBERG

                              of michigan

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. KNOLLENBERG. Mr. Speaker, I rise today to introduce the Job Skill 
Development Act of 1997. This is a narrowly tailored bill which amends 
the Fair Labor Standards Act [FLSA] of 1938 to ease some of the 
restrictions on volunteering.
  The FLSA requires covered employers to compensate individuals defined 
as an ``employee'' with minimum wage and overtime. While there are 
numerous exceptions for volunteers, these exceptions primarily focus on 
humanitarian and charitable activities. Unfortunately, individuals 
seeking to gain valuable work experience and exposure in a competitive 
profession are often prohibited from doing so because of restrictions 
on volunteering.
  The FLSA revolves around a complex scheme of regulations and 
exceptions. When the Department of Labor and the Federal courts 
determine who is and is not exempt, they take into account the type of 
services provided by the individual, who benefits from the rendering of 
the services, and how long it takes to provide the services. Some of 
the most common exceptions are for trainees or student learners better 
known as interns. These exceptions were developed because of their 
educational benefit as well as the potential to learn valuable skills 
for future employment.
  However, just as the FLSA protects some, it can be an obstacle for 
others. Capitol Hill provides an excellent example. Each year hundreds 
of college and high school students travel to Washington, DC, for 
interships. Many of these positions are unpaid or offer a stipend, well 
below the minimum wage and overtime requirements. These individuals 
gain a better understanding of the legislative process, develop office 
skills, and make contacts that are invaluable in securing employment. 
Meanwhile, the employer is able to evaluate the intern in a work 
environment. For both it is a win-win situation.
  Two particular individuals on my staff volunteered in my office for 
several months before they were hired on as full-time paid employees. 
However, because these two staffers were recent college graduates and 
produced work that benefited my office, they would have been prohibited 
from volunteering their services if at the time I would have been 
forced to comply with the FLSA.
  Though Congress has since passed the Congressional Accountability Act 
and now must adhere to the FLSA, the point is not moot. Congress and 
hundreds, if not thousands, of individuals over the years have 
benefited from such programs. In fact, many have become employed for 
the first time because of the opportunity and experience they gain 
through interning. I hope we could learn from these instances and not 
turn our backs on those who wish to gain valuable work experience.
  Moreover, as we enter the 21st century and the global marketplace 
becomes even more competitive, we must strive to help those who wish to 
enter the work force. Programs like Careers and School to Work offer 
some the

[[Page E14]]

opportunity to gain the necessary skills to compete, but there is still 
room for improvement. Congress cannot standby and allow individuals to 
forego valuable training experience because we have failed to act.
  The Job Skill Development Act will offer outstanding opportunities 
for future work forces. Its passage will help college graduates and 
individuals who have been out of the work force develop the 
professional skills and experience they need to become employed. It is 
a great job training program that does not cost the taxpayers a dime.
  As I mentioned before, this legislation is narrowly tailored and 
while it eases the restrictions on volunteer activity, it does not 
jeopardize the important safeguards against employer coercion and 
worker displacement. Moreover, the intent is not to undermine any of 
the requirements of minimum wage and overtime, but focuses on providing 
individuals with the opportunity to gain the necessary skills to become 
gainfully employed.
  Mr. Speaker, it is time to give future work forces the same 
opportunity Congress and many hill staffers have benefited from for 
many years. I look forward to working with my colleagues on passage of 
the Job Skill Development Act of 1997.

                          ____________________