I
103D CONGRESS
1ST SESSION
H. R. 204
To eliminate the exemption for Congress or for the United States from
the application of certain provisions of Federal law relating to employ-
ment and privacy, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. JACOBS introduced the following bill; which was referred jointly to the
Committees on Education and Labor and Government Operations
A BILL
To eliminate the exemption for Congress or for the United
States from the application of certain provisions of Fed-
eral law relating to employment and privacy, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PURPOSE.
It is the purpose of this Act to eliminate the exemp-
tion 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 sub-
section (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 serv-
ice,’’.
(b) COVERAGE.—Section 8 of the Fair Labor Stand-
ards Amendments of 1989 is repealed.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 be-
fore the period a comma and the following: ‘‘and the em-
ployees 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 follow-
ing: ‘‘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 Employ-
ment 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 Govern-
ment’’, 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 strik-
ing 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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