[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1115 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1115

 To amend the Fair Labor Standards Act of 1938 to ensure that minimum 
wage requirements do not apply to inmates with respect to work done for 
           the incarcerating entity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 16 (legislative day, June 15), 1993

   Mr. Reid (for himself, Mr. Bryan, and Mr. Dorgan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to ensure that minimum 
wage requirements do not apply to inmates with respect to work done for 
           the incarcerating entity, 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. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO INMATES.

    (a) Definition.--Section 3(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(e)) is amended--
            (1) in paragraph (1), by striking ``and (4)'' and inserting 
        ``(4), and (5)''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(5) The term `employee' does not include any inmate of a 
        penal or correctional institution of the Federal Government, 
        District of Columbia, or a State or political subdivision of a 
        State.''.
    (b) Exemptions.--Section 13(a) of such Act (29 U.S.C. 213(a)) is 
amended--
            (1) by striking the period at the end of paragraph (15) and 
        inserting ``; and''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(16) any inmate of a penal or correctional institution of 
        the Federal Government, the District of Columbia, or a State of 
        political subdivision of a State.''.
    (c) Application.--The amendments made by this section shall apply 
as if enacted on the date of enactment of the Fair Labor Standards Act 
of 1938.

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