[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Page S11107]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself and Mr. Kennedy):
  S. 2975. A bill to amend the Fair Labor Standards Act of 1938 to 
clarify regulations relating to overtime compensation; considered and 
passed.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2975

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

     SECTION 1. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME 
                   COMPENSATION.

       Section 13 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213) is amended by adding at the end the following:
       ``(k) Notwithstanding the provisions of subchapter II of 
     chapter 5 and chapter 7 of title 5, United States Code 
     (commonly referred to as the Administrative Procedures Act) 
     or any other provision of law, any portion of the final rule 
     promulgated on April 23, 2004, revising part 541 of title 29, 
     Code of Federal Regulations, that exempts from the overtime 
     pay provisions of section 7 any employee who would not 
     otherwise be exempt if the regulations in effect on March 31, 
     2003 remained in effect, shall have no force or effect and 
     that portion of such regulations (as in effect on March 31, 
     2003) that would prevent such employee from being exempt 
     shall remain in effect. Notwithstanding the preceding 
     sentence, the increased salary requirements provided for in 
     such final rule at section 541.600 of such title 29, shall 
     remain in effect.''.

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