IB

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
2

•HR 2531 RH

[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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REFERENCE.

4 Whenever in this Act an amendment is expressed in

5 terms of an amendment to a section or other provision, the

6 reference shall be considered made to a section or other pro7 vision of the Fair Labor Standards Act of 1938 (29 U.S.C.

8 201 et seq.).

9 SEC. 2. DEFINITION OF HOUSEPARENT.

10 Section 3 (29 U.S.C. 203) is amended by adding at

11 the end thereof the following:

12 ‘‘(y) ‘Houseparent’ means any person employed by a

13 private nonprofit institution as a child-care worker, either

14 as a member of a married couple or as a single person (1)

15 to serve as a substitute parent for children who do not live

16 with their own families, and (2) to reside in a family like

17 setting with such children.’’.
3

•HR 2531 RH

1 SEC. 3. MINIMUM WAGE AND MAXIMUM HOURS EXEMPTION

2 FOR HOUSEPARENTS.

3 Section 13(a) (29 U.S.C. 213(a)) is amended by strik4 ing the period at the end of paragraph (16) and inserting

5 ‘‘; or’’ and by adding at the end thereof the following:

6 ‘‘(17) any employee employed by a private non7 profit institution to serve as a houseparent for

8 abused, neglected, delinquent, orphaned, homeless, or

9 emotionally impaired children, when—

10 ‘‘(A) such children’s primary residence is in

11 the residential facilities of such institution,

12 ‘‘(B) such houseparent resides with such

13 children in the residential facilities of such insti14 tution for at least 72 hours a week, and

15 ‘‘(C) such houseparent receives, without cost,

16 board and lodging from such institution and is

17 compensated, on a cash basis, at an annual rate

18 of not less than $8,000.’’.

19 SEC. 4. CONFORMING AMENDMENT.

20 Subsection (b) of section 13 (29 U.S.C. 213) is amend21 ed 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

ments of that Act, and for other purposes.the minimum wage and maximum hours requireto clarify the exemption for houseparents from

MAY 23, 1996

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