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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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROPER COMPENSATION FOR USE OF EM4 PLOYER VEHICLES.

5 Section 4(a) of the Portal-to-Portal Act of 1947 (29

6 U.S.C. 254(a)) is amended by striking ‘‘and’’ at the end

7 of paragraph (1), by striking the period at the end of para8 graph (2) and inserting ‘‘; and’’, and by adding at the

9 end the following:

10 ‘‘(3) use of employer owned vehicles for travel11 ing to and from the actual place of performance of

12 the principal activity which such employee is em13 ployed to perform.’’.

14 SECTION 1. PROPER COMPENSATION FOR USE OF EM15 PLOYER VEHICLES.

16 Section 4(a) of the Portal-to-Portal Act of 1947 (29

17 U.S.C. 254(a)) is amended by adding at the end the follow18 ing: ‘‘For purposes of this subsection, the use of an employ19 er’s vehicle for travel by an employee and activities per20 formed by an employee which are incidental to the use of

21 such vehicle for commuting shall not be considered part of

22 the employee’s principal activities if the use of such vehicle

23 for travel is within the normal commuting area for the em24 ployer’s business or establishment and the use of the employ25 er’s vehicle is subject to an agreement on the part of the
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1 employer and the employee or representative of such em2 ployee.’’.

3 SEC. 2. EFFECTIVE DATE.

4 The amendment made by section 1 shall take effect on

5 the date of the enactment of this Act and shall apply in

6 determining the application of section 4 of the Portal-to7 Portal Act of 1947 to an employee in any civil action

8 brought before such date of enactment but pending on such

9 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

employer owned vehicles.to the payment of wages to employees who use

MAY 20, 1996

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