S.Amdt. 4555

SA 4555. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:

On page 131, beginning with line 13, strike through line 17
on page 13, and insert the following:
(1) Limitation on liability.--An employer shall not be
liable for a violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) with respect to a
covered employee if the employer proves that--
(A) the violation occurred in the one-year period beginning
on August 10, 2005;
(B) as of the date of the violation, the employer did not
have actual knowledge that section 4142 of Public Law 109-59
changed the applicability of section 13(b)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(b)(1)); and
(C) the employer's primary reliance on section 13(b)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(1))
led to the violation.
(2) Actions to recover amounts previously paid.--Nothing in
paragraph (1) shall be construed to establish a cause of
action for an employer to recover amounts paid, or agreed to
be paid, before the date of enactment of this Act in
settlement of, in compromise of, or pursuant to a judgment
rendered regarding a claim or potential claim based on an
alleged or proven violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) occurring in the one-
year period referred to in paragraph (1)(A) with respect to a
covered employee.
(c) Covered Employee Defined.--In this section, the term
``covered employee'' means an individual--
(1) who is employed by a motor carrier or motor private
carrier (as such terms are defined by section 13102 of title
49, United States Code, as amended by section 305 of this
Act);
(2) whose work, in whole or in part, is defined--
(A) as that of a driver, driver's helper, loader, or
mechanic; and
(B) as affecting the safety of operation of motor vehicles
weighing 10,000 pounds or less in transportation on public
highways in interstate or foreign commerce, except vehicles--
(i) designed or used to transport more than 8 passengers
(including the driver) for compensation;
(ii) designed or used to transport more than 15 passengers
(including the driver) and not used to transport passengers
for compensation; or
(iii) used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of title
49, United States Code, and transported in a quantity
requiring placarding under regulations prescribed by the
Secretary under section 5103 of title 49, United States Code;
and
(3) who performs duties on motor vehicles weighing 10,000
pounds or less.
SA 4556. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:

On page 85, line 18, insert ``sediment control and'' after
``Boulder Creek''.
SA 4557. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:

On page 86, line 14, strike the period at the end, insert a
semicolon, and insert the following:
(26) by striking item number 234; and
(27) in item number 236, by striking ``$10,000,000'' and
inserting ``$17,000,000''.
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