[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 287 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 287

 To eliminate the exemption for Congress or for the United States from 
   the application of certain provisions of Federal law relating to 
            employment and privacy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Jacobs introduced the following bill; which was referred to the 
 Committee on Economic and Educational Opportunities and, in addition, 
to the Committee on Government Reform and Oversight, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To eliminate the exemption for Congress or for the United States from 
   the application of certain provisions of Federal law relating to 
            employment and privacy, and for other purposes.

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

SECTION 1. PURPOSE.

    It is the purpose of this Act to eliminate the exemption for the 
Congress or for the Federal Government, as the case may be, in the 
provisions of Federal law described in this Act.

SEC. 2. LABOR-MANAGEMENT RELATIONS.

    (a) Definition of Employer.--Section 2(2) of the National Labor 
Relations Act (29 U.S.C. 152(2)) is amended by striking out ``but shall 
not include the United States or any wholly owned Government 
corporation, or'' and inserting in lieu thereof the following: ``and 
includes the United States, and any unit of the legislative branch of 
the Federal Government, but shall not include''.
    (b) Technical Amendments.--Section 7 of such Act (29 U.S.C. 157) is 
amended--
            (1) by striking out ``Employees'' and inserting in lieu 
        thereof ``(a) Except as provided in subsection (b), 
        employees''; and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(b) Nothing contained in the provisions of subsection (a) of this 
section shall be construed to limit the application of the provisions 
of section 7311 of title 5, United States Code.''.

SEC. 3. FAIR LABOR STANDARDS; EQUAL PAY.

    (a) Definition.--Section 3(e)(2)(A)(iii) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(2)(A)(iii)) is amended to read 
as follows:
                            ``(iii) in any unit of the legislative 
                        branch of the Government, or in any unit of the 
                        judicial branch of the Government which has 
                        positions in the competitive service,''.
    (b) Coverage.--Section 8 of the Fair Labor Standards Amendments of 
1989 is repealed.

SEC. 4. OCCUPATIONAL SAFETY AND HEALTH.

    (a) Definition of Employer.--Section 3(5) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 652(5)) is amended by striking 
out ``but does not include the United States or'' and inserting in lieu 
thereof ``and does include the United States (including any unit of the 
legislative branch of the Federal Government) but does not include''.
    (b) Definition of Employee.--Section 3(6) of such Act (29 U.S.C. 
652(6)) is amended by inserting before the period a comma and the 
following: ``and the employees of the United States (including any unit 
of the legislative branch of the Federal Government) shall be deemed to 
be employed in a business affecting commerce for the purpose of this 
Act''.

SEC. 5. FREEDOM OF INFORMATION AND PRIVACY.

    Section 552(f) of title 5, United States Code, is amended by 
striking out ``or`` before ``any independent'' and by inserting before 
the period a comma and the following: ``or any unit of the legislative 
branch of the Federal Government''.

SEC. 6. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    Section 11(b) of th Age Discrimination in Employment Act of 1967 
(29 U.S.C. 630(b)) is amended (1) by striking out ``and'' before 
``(2)'', (2) by inserting before ``but'' the following: ``and (3) the 
United States Government'', and (3) by striking out ``the United 
States, or''.

SEC. 7. AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 101(5)(B) of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12111(5)(B)) is amended by striking out ``the United 
States,''.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 30 days after the 
date of enactment of this Act.
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