datamatters24/research-document-archive huggingface dataset:
H. R. 1225
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To amend the Fair Labor Standards Act of 1938 to exempt employees who perform
certain court reporting duties from the compensatory time requirements applicable
to certain public agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Court Reporter Fair Labor
Amendments of 1995’’.
SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR COURT
REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C.
207(o)) is amended—
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new para-
graph:
‘‘(6) The hours an employee of a public agency performs court
reporting transcript preparation duties shall not be considered as
hours worked for the purposes of subsection (a) if—
‘‘(A) such employee is paid at a per-page rate which is
not less than—
‘‘(i) the maximum rate established by State law or
local ordinance for the jurisdiction of such public agency,
‘‘(ii) the maximum rate otherwise established by a
judicial or administrative officer and in effect on July 1,
1995, or
‘‘(iii) the rate freely negotiated between the employee
and the party requesting the transcript, other than the
judge who presided over the proceedings being transcribed,
and
‘‘(B) the hours spent performing such duties are outside
of the hours such employee performs other work (including
hours for which the agency requires the employee’s attendance)
pursuant to the employment relationship with such public
agency.
For purposes of this section, the amount paid such employee in
accordance with subparagraph (A) for the performance of court
reporting transcript preparation duties, shall not be considered
in the calculation of the regular rate at which such employee
is employed.’’.
H. R. 1225—2
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply after the date
of the enactment of this Act and with respect to actions brought
in a court after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
104TH CONGRESS
1ST SESSION
H. R. 1225
To amend the Fair Labor Standards Act of 1938 to exempt employees
who perform certain court reporting duties from the compensatory time
requirements applicable to certain public agencies, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1995
Mr. FAWELL (for himself, Mr. BARRETT of Nebraska, Mr. ANDREWS, Mr.
HOEKSTRA, and Mr. CHRISTENSEN) introduced the following bill; which
was referred to the Committee on Economic and Educational Opportuni-
ties
A BILL
To amend the Fair Labor Standards Act of 1938 to exempt
employees who perform certain court reporting duties
from the compensatory time requirements applicable to
certain public agencies, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘The Court Reporter
Fair Labor Amendments of 1995’’.
SEC. 2. LIMITATION ON COMPENSATORY TIME FOR COURT
REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(o)) is amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) A public agency may not be considered to be
in violation of subsection (a) with respect to an employee
who performs court reporting transcript preparation du-
ties if such public agency and such employee have an un-
derstanding that the time spent performing such duties
outside of normal working hours or regular working days
is not considered as hours worked for the purposes of sub-
section (a).’’.
SEC. 3. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by section 2 shall take effect
as if included in the provisions of the Fair Labor Stand-
ards Act of 1938 to which such amendments relate, except
that such amendments shall not apply to an action—
(1) that was brought in a court involving the
application of section 7(a) of such Act to an em-
ployee who performed court reporting transcript
preparation duties; and
(2) in which a final judgment has been entered
on or before the date of enactment of this Act.
Æ
II
104TH CONGRESS
1ST SESSION
H. R. 1225
IN THE SENATE OF THE UNITED STATES
AUGUST 3 (legislative day, JULY 10), 1995
Received
AN ACT
To amend the Fair Labor Standards Act of 1938 to exempt
employees who perform certain court reporting duties
from the compensatory time requirements applicable to
certain public agencies, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Court Reporter Fair
Labor Amendments of 1995’’.
SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR
COURT REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(o)) is amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) The hours an employee of a public agency per-
forms court reporting transcript preparation duties shall
not be considered as hours worked for the purposes of sub-
section (a) if—
‘‘(A) such employee is paid at a per-page rate
which is not less than—
‘‘(i) the maximum rate established by
State law or local ordinance for the jurisdiction
of such public agency,
‘‘(ii) the maximum rate otherwise estab-
lished by a judicial or administrative officer and
in effect on July 1, 1995, or
‘‘(iii) the rate freely negotiated between the
employee and the party requesting the tran-
script, other than the judge who presided over
the proceedings being transcribed, and
‘‘(B) the hours spent performing such duties
are outside of the hours such employee performs
other work (including hours for which the agency re-
quires the employee’s attendance) pursuant to the
employment relationship with such public agency.
For purposes of this section, the amount paid such em-
ployee in accordance with subparagraph (A) for the per-
formance of court reporting transcript preparation duties,
shall not be considered in the calculation of the regular
rate at which such employee is employed.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply after
the date of the enactment of this Act and with respect
to actions brought in a court after the date of the enact-
ment of this Act.
Passed the House of Representatives August 1,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $316,103,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $439,820,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that
1073 
SEC. 11012. TEST WEIGHT FOR CORN. 
Section 508(m) of the Federal Crop Insurance Act 
(7 U.S.C. 1508(m)) is amended by adding at the end the 
following: 
‘‘(6) TEST WEIGHT FOR CORN.— 
‘‘(A) IN GENERAL.—The Corporation shall 
establish procedures to allow insured producers 
not more than 120 days to settle claims, in ac-
cordance with procedures established by the 
Secretary, involving corn that is determined to 
have low test weight. 
‘‘(B) IMPLEMENTATION.—As soon as prac-
ticable after the date of enactment of this para-
graph, the Corporation shall implement sub-
paragraph (A) on a regional basis based on 
market conditions and the interests of pro-
ducers. 
‘‘(C) TERMINATION OF EFFECTIVENESS.— 
The authority provided by this paragraph ter-
minates effective on the date that is 5 years 
after the date on which subparagraph (A) is im-
plemented.’’. 
SEC. 11013. STACKED INCOME PROTECTION PLAN FOR PRO-
DUCERS OF UPLAND COTTON. 
(a) AVAILABILITY OF STACKED INCOME PROTECTION 
PLAN.—The Federal Crop Insurance Act is amended by 
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inserting after section 508A (7 U.S.C. 1508a) the fol-
lowing: 
‘‘SEC. 508B. STACKED INCOME PROTECTION PLAN FOR 
PRODUCERS OF UPLAND COTTON. 
‘‘(a) AVAILABILITY.—Beginning not later than the 
2014 crop of upland cotton, if practicable, the Corporation 
shall make available to producers of maximum eligible 
acres of upland cotton an additional policy (to be known 
as the ‘Stacked Income Protection Plan’), which shall pro-
vide coverage consistent with the Group Risk Income Pro-
tection Plan (and the associated Harvest Revenue Option 
Endorsement) offered by the Corporation for the 2011 
crop year. 
‘‘(b) REQUIRED TERMS.—The Corporation may mod-
ify the Stacked Income Protection Plan on a program-wide 
basis, except that the Stacked Income Protection Plan 
shall comply with the following requirements: 
‘‘(1)(A) Provide coverage for revenue loss of not 
more than 30 percent of expected county revenue, 
specified in increments of 5 percent. 
‘‘(B) The deductible is the minimum percent of 
revenue loss at which indemnities are triggered 
under the plan, not to be less than 10 percent of the 
expected county revenue. 
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HR 123 RFS
‘‘(2) OFFICIAL BUSINESS.—The term ‘official
business’ means governmental actions, documents,
or policies which are enforceable with the full weight
and authority of the Federal Government, and in-
cludes publications, income tax forms, and informa-
tional materials, but does not include—
‘‘(A) teaching of languages;
‘‘(B) requirements under the Individuals
with Disabilities Education Act;
‘‘(C) actions, documents, or policies nec-
essary for—
‘‘(i) national security issues; or
‘‘(ii) international relations, trade, or
commerce;
‘‘(D) actions or documents that protect the
public health and safety;
‘‘(E) actions or documents that facilitate
the activities of the Bureau of the Census in
compiling any census of population;
‘‘(F) actions, documents, or policies that
are not enforceable in the United States;
‘‘(G) actions that protect the rights of vic-
tims of crimes or criminal defendants;
‘‘(H) actions in which the United States
has initiated a civil lawsuit; or
IB
Union Calendar No. 115
104TH CONGRESS
1ST SESSION
H. R. 1225
[Report No. 104–219]
To amend the Fair Labor Standards Act of 1938 to exempt employees
who perform certain court reporting duties from the compensatory time
requirements applicable to certain public agencies, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1995
Mr. FAWELL (for himself, Mr. BARRETT of Nebraska, Mr. ANDREWS, Mr.
HOEKSTRA, and Mr. CHRISTENSEN) introduced the following bill; which
was referred to the Committee on Economic and Educational Opportuni-
ties
AUGUST 1, 1995
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 Fair Labor Standards Act of 1938 to exempt
employees who perform certain court reporting duties
from the compensatory time requirements applicable to
certain public agencies, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROPER COMPENSATION FOR USE OF EM-
PLOYER VEHICLES.
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 para-
graph (2) and inserting ‘‘; and’’, and by adding at the
end the following:
‘‘(3) use of employer owned vehicles for travel-
ing to and from the actual place of performance of
the principal activity which such employee is em-
ployed to perform.’’.
SECTION 1. PROPER COMPENSATION FOR USE OF EM-
PLOYER 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 follow-
ing: ‘‘For purposes of this subsection, the use of an employ-
er’s vehicle for travel by an employee and activities per-
formed 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 em-
ployer’s business or establishment and the use of the employ-
er’s vehicle is subject to an agreement on the part of the
1075 
‘‘(C) Once the deductible is met, any losses in 
excess of the deductible will be paid up to the cov-
erage selected by the producer. 
‘‘(2) Be offered to producers of upland cotton 
in all counties with upland cotton production— 
‘‘(A) at a county-wide level to the fullest 
extent practicable; or 
‘‘(B) in counties that lack sufficient data, 
on the basis of such larger geographical area as 
the Corporation determines to provide sufficient 
data for purposes of providing the coverage. 
‘‘(3) Be purchased in addition to any other in-
dividual or area coverage in effect on the producer’s 
acreage or as a stand-alone policy, except that if a 
producer has an individual or area coverage for the 
same acreage, the maximum coverage available 
under the Stacked Income Protection Plan shall not 
exceed the deductible for the individual or area cov-
erage. 
‘‘(4) Establish coverage based on— 
‘‘(A) an expected price that is the expected 
price established under existing Group Risk In-
come Protection or area wide policy offered by 
the Corporation for the applicable county (or 
area) and crop year; and 
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‘‘(B) an expected county yield that is the 
higher of— 
‘‘(i) the expected county yield estab-
lished for the existing area-wide plans of-
fered by the Corporation for the applicable 
county (or area) and crop year (or, in geo-
graphic areas where area-wide plans are 
not offered, an expected yield determined 
in a manner consistent with those of area- 
wide plans); or 
‘‘(ii)(I) the average of the applicable 
yield data for the county (or area) for the 
most recent 5 years, excluding the highest 
and lowest observations, from the Risk 
Management Agency or the National Agri-
cultural Statistics, or both; or 
‘‘(II) if sufficient county data is not 
available, such other data considered ap-
propriate by the Secretary. 
‘‘(5) Use a multiplier factor to establish max-
imum protection per acre (referred to as a ‘protec-
tion factor’) of not more than 120 percent. 
‘‘(6) Pay an indemnity based on the amount 
that the expected county revenue exceeds the actual 
county revenue, as applied to the individual coverage 
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113TH CONGRESS 
1ST SESSION 
H. R. 2397 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2014, and for other purposes.
I
104TH CONGRESS
1ST SESSION
H. R. 1226
To amend the Fair Labor Standards Act of 1938 to make uniform the
application of the overtime exemption for inside sales personnel.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1995
Mr. FAWELL (for himself and Mr. PETRI) introduced the following bill; which
was referred to the Committee on Economic and Educational Opportunities
A BILL
To amend the Fair Labor Standards Act of 1938 to make
uniform the application of the overtime exemption for
inside sales personnel.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. UNIFORM EXEMPTION.
Section 7(i) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(i)) is amended by striking ‘‘a retail or
service establishment’’ and inserting ‘‘an establishment’’.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 1227
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
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROPER COMPENSATION FOR USE OF EM-
PLOYER VEHICLES.
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 para-
graph (2) and inserting ‘‘; and’’, and by adding at the
end the following:
‘‘(3) use of employer owned vehicles for travel-
ing to and from the actual place of performance of
the principal activity which such employee is em-
ployed to perform.’’.
Æ
IB
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.
employer and the employee or representative of such em-
ployee.’’.
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 Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
I
104TH CONGRESS
1ST SESSION
H. R. 1228
To amend the Fair Labor Standards Act of 1938 to provide a limited
exemption from the child labor provisions of such Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1995
Mr. HUNTER (for himself and Mr. CUNNINGHAM) introduced the following
bill; which was referred to the Committee on Economic and Educational
Opportunities
A BILL
To amend the Fair Labor Standards Act of 1938 to provide
a limited exemption from the child labor provisions of
such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXEMPTION.
Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended by adding at the end the fol-
lowing:
‘‘(k)(1) The provisions of section 12 shall not apply
to any minor who is under the age of 14 and who—
‘‘(A) is enrolled in a school accredited by the
education agency of the State in which it is located,
‘‘(B) has completed the 6th grade, and
‘‘(C) is participating in a work study program
that fully conforms with criteria specified by the
Secretary acting through the Administrator of the
Wage and Hour Division.
‘‘(2) The employment of minors in a work study pro-
gram described in paragraph (1)(C) shall be limited—
‘‘(A) to no more than 4 hours per week and no
more than 16 weeks in a school year, and
‘‘(B) to such periods and conditions of employ-
ment as may be prescribed by the Secretary by regu-
lation.’’.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 1231
To amend the Trade Act of 1974 to improve the provision of trade
readjustment allowances during breaks in training, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1995
Mr. OLVER introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend the Trade Act of 1974 to improve the provision
of trade readjustment allowances during breaks in train-
ing, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Adjustment As-
sistance Program Improvement Act of 1995’’.
SEC. 2. PROVISION OF TRADE READJUSTMENT ALLOW-
ANCES DURING BREAKS IN TRAINING.
Section 233(f) of the Trade Act of 1974 (19 U.S.C.
2293(f)) is amended by striking ‘‘14 days’’ and inserting
‘‘45 days’’.
formance levels as described in subparagraph
(A)(i) of the paragraph, or
‘‘(ii) the data submitted by the State pur-
suant to section 454(15)(B) is incomplete or
unreliable,
the amounts otherwise payable to the State under this
part for quarters following the end of such succeeding fis-
cal year, prior to quarters following the end of the first
quarter throughout which the State program is in compli-
ance with such performance requirement, shall be reduced
by the percentage specified in paragraph (2).
‘‘(2) The reductions required under paragraph (1)
shall be—
‘‘(A) not less than 6 nor more than 8 percent,
or
‘‘(B) not less than 8 nor more than 12 percent,
if the finding is the second consecutive finding made
pursuant to paragraph (1), or
‘‘(C) not less than 12 nor more than 15 per-
cent, if the finding is the third or a subsequent con-
secutive such finding.
‘‘(3) For purposes of this subsection, section
402(a)(27), and section 452(a)(4), a State which is deter-
mined as a result of an audit to have submitted incomplete
or unreliable data pursuant to section 454(15)(B), shall
SEC. 3. TRANSITIONAL ADJUSTMENT ASSISTANCE PRO-
GRAM.
(a) IN GENERAL.—Section 250(d)(3)(B)(i) of the
Trade Act of 1974 (19 U.S.C. 2331(d)(3)(B)(i)) is
amended by striking ‘‘of such worker’s initial unemploy-
ment compensation benefit period’’ and inserting ‘‘after
such worker’s most recent qualifying separation’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to workers covered
under a certification issued under section 250(c) of the
Trade Act of 1974 on or after the date of the enactment
of this Act.
Æ