[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2531 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2531

To amend the Fair Labor Standards Act of 1938 to clarify the exemption 
 for houseparents from the minimum wage and maximum hours requirements 
                  of that Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 1995

Mr. Hutchinson (for himself, Mr. Goodling, Mr. Archer, Mr. Talent, Mr. 
 Fawell, Mr. Canady of Florida, Mr. Petri, Mr. Graham, Mr. Greenwood, 
   Mr. Funderburk, Mr. Hoekstra, Mr. Cunningham, Mr. Gunderson, Mr. 
  Barrett of Nebraska, Mr. Knollenberg, Mr. McIntosh, Mr. McKeon, Mr. 
 Souder, Mr. Norwood, Mrs. Meyers of Kansas, Mr. Ewing, Mr. Inglis of 
 South Carolina, Mr. Smith of Texas, Mr. Edwards, Mr. Christensen, Mr. 
 Quillen, Mr. Crane, and Mr. Lipinski) 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 clarify the exemption 
 for houseparents from the minimum wage and maximum hours requirements 
                  of that Act, 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. REFERENCE.

    Whenever in this Act an amendment is expressed in terms of an 
amendment to a section or other provision, the reference shall be 
considered made to a section or other provision of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).

SEC. 2. DEFINITION OF HOUSEPARENT.

    Section 3 (29 U.S.C. 203) is amended by adding at the end thereof 
the following:
    ``(y) `Houseparent' means any person employed by a nonprofit 
institution as a child-care worker, either as a member of a married 
couple or as a single person (1) to serve as a substitute parent for 
children who do not live with their own families, and (2) to reside in 
a family like setting with such children. The activities engaged in as 
a houseparent shall not be considered to be commerce or in the 
production of goods for commerce or a part of such an enterprise, even 
on an individual basis, for purposes of this section or section 6 or 7 
(29 U.S.C. 203, 206, and 207).''.

SEC. 3. MINIMUM WAGE AND MAXIMUM HOURS EXEMPTION FOR HOUSEPARENTS.

    Section 13(a) (29 U.S.C. 213(a)) is amended by striking the period 
at the end of paragraph (16) and inserting ``; or'' and by adding at 
the end thereof the following:
            ``(17) any employee who is employed by a nonprofit 
        institution to serve as a houseparent for abused, neglected, 
        delinquent, orphaned, homeless, or emotionally impaired 
        children, when--
                    ``(A) such children's primary residence is in the 
                residential facilities of such institution,
                    ``(B) such houseparent resides with such children 
                in the residential facilities of such institution for 
                at least 72 hours a week, and
                    ``(C) such houseparent receives, without cost, 
                board and lodging from such institution and is 
                compensated, on a cash basis, at an annual rate of not 
                less than $8,000.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 3.--The first sentence of section 3(r)(1) (29 U.S.C. 
203(r)(1)) is amended by inserting before the period the following: 
``or a houseparent''.
    (b) Section 13.--Subsection (b) of section 13 (29 U.S.C. 213) is 
amended by striking out paragraph (24).
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