[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4778 Introduced in House (IH)]

  2d Session
                                H. R. 4778

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 9, 1998

   Mr. Pitts (for himself, Mr. Fawell, Mr. Hoekstra, Mr. Souder, Mr. 
    Petri, Mr. Talent, Mr. Nethercutt, Mr. Barrett of Nebraska, Mr. 
  Ramstad, Mr. Cunningham, and Mr. Manzullo) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 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, either as a member of a married couple or as a single 
person, to reside in a family-like setting.''.

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)(A) any employee employed by a private nonprofit 
        institution to serve as a houseparent for individuals who are--
                    ``(i) abused, neglected, delinquent, orphaned, 
                homeless, drug dependent, emotionally impaired 
                children, or children who suffer from family 
                dysfunction;
                    ``(ii) single, pregnant women ages 14 to 35;
                    ``(iii) single individuals ages 14 to 35 with 
                children under the age of 5; or
                    ``(iv) mentally handicapped or mentally ill; and
            ``(B) when--
                    ``(i) the primary residence of the individuals 
                described in subparagraph (A) is in the residential 
                facilities of such institution,
                    ``(ii) such houseparent resides with such 
                individuals in the residential facilities of such 
                institution for at least 72 hours a week, and
                    ``(iii) 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.

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