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<PRE>[DOCID: f:h1693enr.txt]
        H.R.1693

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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