I

103D CONGRESS

1ST SESSION H. R. 788

To eliminate the exemption for Congress from the application of certain

provisions of Federal law and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. NEAL of North Carolina introduced the following bill; which was referred

to the Committees on Education and Labor and Government Operations

A BILL

To eliminate the exemption for Congress from the application

of certain provisions of Federal law 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. FAIR LABOR STANDARDS; EQUAL PAY.

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

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

6 203(e)(2)(A)(iii)) is amended to read as follows:

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

8 branch of the Government, or in any unit

9 of the judicial branch of the Government
2

•HR 788 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3 (b) COVERAGE.—Section 8 of the Fair Labor Stand4 ards Amendments of 1989 is repealed.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. 2. EQUAL EMPLOYMENT OPPORTUNITY.

6 Section 717(a) of the Civil Rights Act of 1964 (42

7 U.S.C. 2000e–16(a)) is amended by striking out ‘‘in those

8 units of the legislative and judicial branches of the Federal

9 Government having positions in the competitive service’’

10 and inserting in lieu thereof ‘‘in all units of the legislative

11 branch of the Federal Government, and in those units of

12 the judicial branch of the Federal Government having po13 sitions in the competitive service’’.

14 SEC. 3. FREEDOM OF INFORMATION AND PRIVACY AND

15 AGE DISCRIMINATION.

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

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

18 and by inserting before the period a comma and the follow19 ing: ‘‘or any unit of the legislative branch of the Federal

20 Government’’.

21 SEC. 4. AGE DISCRIMINATION IN EMPLOYMENT ACT OF

22 1967.

23 Section 11(b) of the Age Discrimination in Employ24 ment Act of 1967 (29 U.S.C. 630(b)) is amended (1) by

25 striking out ‘‘and’’ before ‘‘(2)’’, (2) by inserting before
3

•HR 788 IH

1 ‘‘but’’ the following: ‘‘and (3) the United States Govern2 ment’’, and (3) by striking out ‘‘the United States, or’’.

3 SEC. 5. OCCUPATIONAL SAFETY AND HEALTH.

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

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

6 652(5)) is amended by striking out ‘‘but does not include

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

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

9 legislative branch of the Federal Government) but does

10 not include’’.

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

12 such Act (29 U.S.C. 652(6)) is amended by inserting be13 fore the period a comma and the following: ‘‘and the em14 ployees of the United States (including any unit of the

15 legislative branch of the Federal Government) shall be

16 deemed to be employed in a business affecting commerce

17 for the purpose of this Act’’.

18 SEC. 6. AGE DISCRIMINATION.

19 Section 309(3) of the Age Discrimination Act of 1975

20 (42 U.S.C. 6107) is amended by inserting before the semi21 colon the following: ‘‘and the Congress’’.

22 SEC. 7. LABOR-MANAGEMENT RELATIONS.

23 Section 2(2) of the National Labor Relations Act (29

24 U.S.C. 152(2)) is amended by striking out ‘‘but shall not

25 include the United States’’ and inserting in lieu thereof
4

•HR 788 IH

1 the following: ‘‘and includes the United States, and any

2 unit of the legislative branch of the Federal Government,

3 but shall not include’’.

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

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

6 Act of 1990 (42 U.S.C. 12111(5)(B)) is amended by strik7 ing out ‘‘the United States,’’.

Æ