Page:United States Statutes at Large Volume 90 Part 2.djvu/890

 90 STAT. 2358

PUBLIC LAW 94-489—OCT. 13, 1976

Public Law 94-489 94th Congress An Act Oct. 13, 1976 [H.R. 15246]

Service Contract Act of 1965, amendments.

"Service employee."

To amend the Service Contract Act of 1965 to provide that all employees, other than bona fide executive, administrative, or professional employees, shall be considered to be service employees for purposes of such Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2(a) of the Service Contract Act of 1965 (41 U.S.C. 351 (a)) is amended by striking out", as defined herein,"; (b) section 2(b) of the Service Contract Act of 1965 (41 U.S.C. 351 (b)) is amended by striking out "as defined herein". SEC. 2. Section (a)(5) of the Service Contract Act of 1965 (41 U.S.C. 351(a)(5)) is amended by inserting immediately after "section 5341" the following: "or section 5332". SEC. 3. Section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357 (b)) is amended to read as follows: "(b) The term 'service employee' means any person engaged in the performance of a contract entered into by the United States and not exempted under section 7, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States (other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations); and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.". Approved October 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1571 (Comm. on Education and Ubor). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Sept. 30, considered and passed Senate.

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