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 require-
ments 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. EN-
SIGN, 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 Ken-
tucky, Mrs. CHENOWETH, Mr. MONTGOMERY, Mr. PARKER, Mr. STEN-
HOLM, 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 Representa-
tives 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 pro-
vision 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 strik-
ing 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 non-
profit 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 insti-
tution 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 amend-
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
to clarify the exemption for houseparents from
the minimum wage and maximum hours require-
ments of that Act, and for other purposes.
MAY 23, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed