H.R. 788 (103rd): To eliminate the exemption for Congress from the application of certain provisions of Federal law and for ...

...other purposes.

103rd Congress, 1993–1994. Text as of Feb 03, 1993 (Introduced).

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HR 788 IH

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.

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

SECTION. 1. 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    (b) COVERAGE- Section 8 of the Fair Labor Standards Amendments of 1989 is repealed.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. 2. EQUAL EMPLOYMENT OPPORTUNITY.

    Section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) is amended by striking out ‘in those units of the legislative and judicial branches of the Federal Government having positions in the competitive service’ and inserting in lieu thereof ‘in all units of the legislative branch of the Federal Government, and in those units of the judicial branch of the Federal Government having positions in the competitive service’.

SEC. 3. FREEDOM OF INFORMATION AND PRIVACY AND AGE DISCRIMINATION.

    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. 4. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    Section 11(b) of the 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. 5. 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. 6. AGE DISCRIMINATION.

    Section 309(3) of the Age Discrimination Act of 1975 (42 U.S.C. 6107) is amended by inserting before the semicolon the following: ‘and the Congress’.

SEC. 7. LABOR-MANAGEMENT RELATIONS.

    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’ 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’.

SEC. 8. 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,’.