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






                                                 Union Calendar No. 292
104th CONGRESS
  2d Session
                                H. R. 2531

                          [Report No. 104-592]

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

                              May 23, 1996

 Additional sponsors: Mr. Hastert, Mr. Sam Johnson of Texas, Mr. Horn, 
    Mr. Crapo, Mr. Martinez, Mr. Dornan, Mr. Foley, Mr. Riggs, Mr. 
Bereuter, Mr. Manzullo, Mr. Hostettler, Mr. Wamp, Mr. Ehlers, Mr. Burr, 
 Mr. Weldon of Florida, Ms. Pryce, Mr. Calvert, Mr. Cooley of Oregon, 
  Mr. Largent, Mrs. Myrick, Mr. Coburn, Mr. Ensign, Mr. Hayworth, Mr. 
Thornberry, Mr. Castle, Mr. Goodlatte, Mr. Brewster, Mrs. Lincoln, Mr. 
Weller, Mr. Schaefer, Mr. Whitfield, Mr. Bunning of Kentucky, Mr. Goss, 
Mr. Lewis of Kentucky, Mrs. Chenoweth, Mr. Montgomery, Mr. Parker, Mr. 
                        Stenholm, and Mr. Tanner

                              May 23, 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]
[For text of introduced bill see copy of bill as introduced on October 
                               25, 1995]

_______________________________________________________________________

                                 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 private 
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.''.

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 employed by a private 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 AMENDMENT.

    Subsection (b) of section 13 (29 U.S.C. 213) is amended by striking 
out paragraph (24).
                                     





                                                 Union Calendar No. 292

104th CONGRESS

  2d Session

                               H. R. 2531

                          [Report No. 104-592]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 23, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed