Mr. Buckley submitted the following amendment intended to be proposed by him to the bill (S. 1861): AMENDMENTS Intended to be proposed by Mr. BUCKLEY to S. 1861, a bill to 1 On page 22, line 22, strike out the word "and". 2 On page 22, line 24, before the period insert a comma Amdt. No. 335 Mr. Buckley (for himself, Mr. Bennett, Mr. Curtis, Mr. Eastland, Mr. Thurmond, Mr. Tower, and Mr. Scott of Virginia) submitted the following amendment intended to be proposed by them jointly to the bill (S. 1861): AMENDMENT Intended to be proposed by Mr. BUCKLEY (for himself, Mr. BENNETT, Mr. CURTIS, Mr. EASTLAND, Mr. THURMOND, Mr. TOWER, and Mr. SCOTT of Virginia) to S. 1861, a bill to amend the Fair Labor Standards Act of 1938, as amended, to extend its protection to additional employees, to raise the minimum wage to $2.20 an hour, and for other purposes, viz: On page 22, strike out lines 12 through 24, and insert in lieu thereof the following: 1 2 EXPANDING EMPLOYMENT OPPORTUNITIES FOR YOUTHS SEC. 8. Section 14 (b) of the Fair Labor Standards Act 3 of 1938, as amended, is amended to read as follows: 4 "(b) (1) Notwithstanding the minimum wage rate re 5 quired by section 6 (a) (1) or 6 (b) any employer may, in 7 employee Amdt. No. 336 1 2 3 4 5 6 2 "(A) to whom such rates would apply but for this subsection, and "(B) who is (i) under the age of eighteen or (ii) eighteen or nineteen years of age and either in his first six months of full-time employment or a full-time student, at a wage rate which is not less than 85 per centum of the 7 otherwise applicable minimum wage rate prescribed by such 8 section or $1.60 per hour, whichever is higher. 9 "(2) Notwithstanding the minimum wage rates required 10 by section 6 (a) (5), any employer may, in compliance with 11 applicable child labor laws, employ in agriculture any 12 employee 13 14 15 16 17 18 19 "(A) to whom such rates would apply but for this subsection, and "(B) who is (i) under the age of eighteen or (ii) eighteen or nineteen years of age and either in his first six months of full-time employment or a full-time student, at a wage rate which is not less than 85 per centum of the 20 otherwise applicable minimum wage rate prescribed by such 21 section or $1.30 per hour, whichever is higher. 22 28 "(3) The special minimum wage for such employees in 23 Puerto Rico, the Virgin Islands, and American Samoa shall 24 be 85 per centum of the industry wage order rate otherwise 25 applicable to them, except that in no case shall such special 3 1 minimum wage be less than that provided for under a wage 2 order issued prior to the effective date of the Fair Labor 3 Standards Amendments of 1972. 4 "(4) The Secretary shall by regulation prescribe stand5 ards and requirements to insure that this subsection will not 6 create a substantial probability of reducing the full-time em7 ployment opportunities of persons other than those to whom 8 the minimum wage rate authorized by this subsection is 9 applicable.". [From the Congressional Record-Senate, July 17, 1973] FAIR LABOR STANDARDS AMENDMENTS OF 1973 The PRESIDING OFFICER (Mr. Johnston). Under the previous order, the Senate will proceed to the consideration of S. 1861 which the clerk will report by title. The assistant legislative clerk read as follows: A bill (S. 1861) to amend the Fair Labor Standards Act of 1938, as amended, to extend its protection to additional employees, to raise the minimum wage to $2.20 an hour, and for other purposes. The Senate proceeded to consider the bill which had been reported from the Committee on Labor and Public Welfare with amendments on page 2, line 1, after the word "United", strike out "States and" insert "States"; in line 2, after the word "a", strike out "State," and insert "State and any agency or instrumentality thereof or interstate governmental agency,"; in line 11, after the word "a", strike out "babysitter), and in" and insert "babysitter) except that such term shall not, for the purposes of section 3 (u) include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family. In"; in line 16, after the word "States", insert "the term 'employee' "; in line 19, after the word "agencies", strike out "(other than the General Accounting Office)"; in line 23, after the word "Commission", strike out "(4) in those units of the government of the District of Columbia having positions in the competitive service, (5)" and insert "(4)"; on page 3, at the beginning of line 3, strike out "(6)" and insert (5)"; in the same line, after the word "of", strike out "Congress, and in the case of any individual employed by any State or a political subdivision of any State means any employee holding a position comparable to one of the positions enumerated for individuals employed by the United States, except that such terms shall not, for the purposes of section 3 (u) include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family." and insert "Congress." In the case of any individual employed by a State, or the political subdivision of any State, or an interstate governmental agency the term 'employee' shall include any employee of that State, political subdivision, or agency but the term shall not include any individual elected to public office in any State or political subdivision of any State by the qualified voters thereof or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government or political subdivision or applicable to an interstate governmental agency "; on page 4, line 15, after the word "apply", insert "with respect to any tipped employee"; in line 16, after ‘(1)”, insert “such employee has been informed by"; at the beginning |