I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PURPOSE.

4 It is the purpose of this Act to eliminate the exemp5 tion for the Congress or for the Federal Government, as

6 the case may be, in the provisions of Federal law described

7 in this Act.
2

•HR 287 IH

1 SEC. 2. LABOR-MANAGEMENT RELATIONS.

2 (a) DEFINITION OF EMPLOYER.—Section 2(2) of the

3 National Labor Relations Act (29 U.S.C. 152(2)) is

4 amended by striking out ‘‘but shall not include the United

5 States or any wholly owned Government corporation, or’’

6 and inserting in lieu thereof the following: ‘‘and includes

7 the United States, and any unit of the legislative branch

8 of the Federal Government, but shall not include’’.

9 (b) TECHNICAL AMENDMENTS.—Section 7 of such

10 Act (29 U.S.C. 157) is amended—

11 (1) by striking out ‘‘Employees’’ and inserting

12 in lieu thereof ‘‘(a) Except as provided in subsection

13 (b), employees’’; and

14 (2) by adding at the end thereof the following

15 new subsection:

16 ‘‘(b) Nothing contained in the provisions of sub17 section (a) of this section shall be construed to limit the

18 application of the provisions of section 7311 of title 5,

19 United States Code.’’.

20 SEC. 3. FAIR LABOR STANDARDS; EQUAL PAY.

21 (a) DEFINITION.—Section 3(e)(2)(A)(iii) of the Fair

22 Labor Standards Act of 1938 (29 U.S.C.

23 203(e)(2)(A)(iii)) is amended to read as follows:

24 ‘‘(iii) in any unit of the legislative

25 branch of the Government, or in any unit

26 of the judicial branch of the Government
3

•HR 287 IH

1 which has positions in the competitive serv2 ice,’’.

3 (b) COVERAGE.—Section 8 of the Fair Labor Stand4 ards Amendments of 1989 is repealed.

5 SEC. 4. OCCUPATIONAL SAFETY AND HEALTH.

6 (a) DEFINITION OF EMPLOYER.—Section 3(5) of the

7 Occupational Safety and Health Act of 1970 (29 U.S.C.

8 652(5)) is amended by striking out ‘‘but does not include

9 the United States or’’ and inserting in lieu thereof ‘‘and

10 does include the United States (including any unit of the

11 legislative branch of the Federal Government) but does

12 not include’’.

13 (b) DEFINITION OF EMPLOYEE.—Section 3(6) of

14 such Act (29 U.S.C. 652(6)) is amended by inserting be15 fore the period a comma and the following: ‘‘and the em16 ployees of the United States (including any unit of the

17 legislative branch of the Federal Government) shall be

18 deemed to be employed in a business affecting commerce

19 for the purpose of this Act’’.

20 SEC. 5. FREEDOM OF INFORMATION AND PRIVACY.

21 Section 552(f) of title 5, United States Code, is

22 amended by striking out ‘‘or‘‘ before ‘‘any independent’’

23 and by inserting before the period a comma and the follow24 ing: ‘‘or any unit of the legislative branch of the Federal

25 Government’’.
4

•HR 287 IH

1 SEC. 6. AGE DISCRIMINATION IN EMPLOYMENT ACT OF

2 1967.

3 Section 11(b) of th Age Discrimination in Employ4 ment Act of 1967 (29 U.S.C. 630(b)) is amended (1) by

5 striking out ‘‘and’’ before ‘‘(2)’’, (2) by inserting before

6 ‘‘but’’ the following: ‘‘and (3) the United States Govern7 ment’’, and (3) by striking out ‘‘the United States, or’’.

8 SEC. 7. AMERICANS WITH DISABILITIES ACT OF 1990.

9 Section 101(5)(B) of the Americans with Disabilities

10 Act of 1990 (42 U.S.C. 12111(5)(B)) is amended by strik11 ing out ‘‘the United States,’’.

12 SEC. 8. EFFECTIVE DATE.

13 The amendments made by this Act shall take effect

14 30 days after the date of enactment of this Act.

Æ