Page:United States Statutes at Large Volume 88 Part 1.djvu/103

 88 STAT. ]

PUBLIC LAW 93-259-APR. 8, 1974

" (2) I n the case of an individual employed by a public agency, such term means— " (A) any individual employed by the Government of the United States— "(i) as a civilian in the military departments (as defined in section 102 of title 5, United States Code), "(ii) in any executive agency (as defined in section 105 of such title), "(iii) in any unit of the legislative or judicial branch of the Government which has positions in the competitive service, "(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, or " (v) in the Library of Congress; " (B) any individual employed by the United States Postal Service or the Postal Eate Commission; and " (C) any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual— " (i) who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and "(ii) who— " (I) holds a public elective office of that State, political subdivision, or agency, " ( II) is selected by the holder of such an office to be a member of his personal staff, " ( III) is appointed by such an officeholder to serve on a policymaking level, or " ( IV) who is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office. "(3) For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family.". (3) Section 3(h) is amended to read as follows: " (h) 'Industry' means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employe'd.". (4) Section 3(r) is amended by inserting "or" at the end of paragraph (2) and by inserting after that paragraph the following new paragraph: "(3) in connection with the activities of a public agency,". (5) Section 3(s) is amended— (A) by striking out in the matter preceding paragraph (1) "including employees handling, selling, or otherwise working on goods" and inserting in lieu thereof "or employees handling, selling, or otherwise working on goods or materials",

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