(a) Section 7(a) provides an exclusion from the Act's coverage for
the United States Government, any State or local government, or any
political subdivision of a State or local government, acting in the
capaicty of an employer. This exclusion from the Act also extends to any
interstate governmental agency.
(b) The term United States Government means any agency or
instrumentality, civilian or military, of the executive, legislative, or
judicial branches of the Federal Government, and includes independent
agencies, wholly-owned government corporations, and nonappropriated fund
instrumentalities.
(c) The term any political subdivision of a State or local
government means any entity which is either.
(1) Created directly by a state or local government, or
(2) Administered by individuals who are responsible to public
officials (i.e., appointed by an elected public official(s) and/or
subject to removal procedures for public officials, or to the general
electorate.
(d) This exclusion from the Act applies only to the Federal, State,
and local government entity with respect to its own public employees.
Except as provided in sections 7 (b) and (c) of the Act, and Sec. 801.11
of the regulations, this exclusion does not extend to contractors or
nongovernmental agents of a government entity, nor does it extend to
government entities with respect to employees of a private employer with
which the government entity has a contractual or other business
relationship.
