[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1693 Received in Senate (RDS)]

  1st Session
                                H. R. 1693


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1999

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To amend the Fair Labor Standards Act of 1938 to clarify the overtime 
     exemption for employees engaged in fire protection activities.

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

SECTION 1. DEFINITION OF FIRE PROTECTION ACTIVITIES.

    Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) 
is amended by adding at the end the following:
    ``(y) `Employee in fire protection activities' means an employee, 
including a firefighter, paramedic, emergency medical technician, 
rescue worker, ambulance personnel, or hazardous materials worker, 
who--
            ``(1) is trained in fire suppression, has the legal 
        authority and responsibility to engage in fire suppression, and 
        is employed by a fire department of a municipality, county, 
        fire district, or State; and
            ``(2) is engaged in the prevention, control, and 
        extinguishment of fires or response to emergency situations 
        where life, property, or the environment is at risk.''.

SEC. 2. CONSTRUCTION.

    The amendment made by section 1 shall not be construed to reduce or 
substitute for compensation standards (1) contained in any existing or 
future agreement or memorandum of understanding reached through 
collective bargaining by a bona fide representative of employees in 
accordance with the laws of a State or political subdivision of a 
State, and (2) which result in compensation greater than the 
compensation available to employees under the overtime exemption under 
section 7(k) of the Fair Labor Standards Act of 1938.

            Passed the House of Representatives November 4, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.