1 2 23 NONDISCRIMINATION ON ACCOUNT OF AGE IN GOVERNMENT EMPLOYMENT 3 SEC. 12. (a) (1) The second sentence of section 11 (b) 4 of the Age Discrimination in Employment Act of 1967 is 5 amended to read as follows: "The term also means (1) any 6 agent of such a person, and (2) a State or political sub7 division of a State and any agency or instrumentality of a 8 State or a political subdivision of a State, but such term does 9 not include the United States, or a corporation wholly owned 10 by the Government of the United States.". 11 (2) Section 11 (c) of such Act is amended by striking 12 out", or an agency of a State or political subdivision of a 13 State, except that such term shall include the United States 14 Employment Service and the system of State and local 15 employment services receiving Federal assistance". 16 (b) (1) The Age Discrimination in Employment Act 17 of 1967 is amended by redesignating sections 15 and 16, 18 and all references thereto, as section 16 and section 17, 19 respectively. 20 (2) The Age Discrimination in Employment Act of 21 1967 is further amended by adding immediately after section 22 14 the following new section: 24 1 "NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL 2 3 GOVERNMENT EMPLOYMENT "SEC. 15. (a) All personnel actions affecting employ 4 ees or applicants for employment (except with regard to 5 aliens employed outside the limits of the United States) in 6 military departments as defined in section 102 of title 5, 7 United States Code, in executive agencies (other than the 8 General Accounting Office) as defined in section 105 of title 9 5, United States Code (including employees and applicants 10 for employment who are paid from nonappropriated funds), 11 in the United States Postal Service and the Postal Rate Com12 mission, in the government of the District of Coumbia hav13 ing positions in the competitive service, and in those units of 14 the legislative and judicial branches of the Federal Govern 15 ment having positions in the competitive service, and in the 16 Library of Congress shall be made free from any discrimi17 nation based on age. 18 "(b) Except as otherwise provided in this subsection, 19 the Civil Service Commission is authorized to enforce the 20 provisions of subsection (a) through appropriate remedies, 21 including reinstatement or hiring of employees with or with22 out backpay, as will effectuate the policies of this section. 23 The Civil Service Commission shall issue such rules, regu24 lations, orders, and instructions as it deems necessary and 25 1 appropriate to carry out its responsibilities under this section. 2 The Civil Service Commission shall 3 4 5 6 7 8 9 10 11 "(1) be responsible for the review and evaluation of the operation of all agency programs designed to carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each such department, agency, or unit; and "(2) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to nondiscrimination in employment on account of age. 12 The head of each such department, agency, or unit shall 13 comply with such rules, regulations, orders, and instructions 14 which shall include a provision that an employee or applicant 15 for employment shall be notified of any final action taken on any complaint of discrimination filed by him thereunder. 17 Reasonable exemptions to the provisions of this section may 16 4 18 be established by the Commission but only when the Com19 mission has established a maximum age requirement on the 20 basis of a determination that age is a bona fide occupational 21 qualification necessary to the performance of the duties of 22 the position. With respect to employment in the Library of 23 Congress, authorities granted in this subsection to the Civil 26 1 Service Commission shall be exercised by the Librarian of 2 Congress. 3. "(c) Any persons aggrieved may bring a civil action 4 in any court of competent jurisdiction for such legal or equi 5 table relief as will effectuate the purposes of this Act. 6 66 (d) When the individual has not filed a complaint 7 concerning age discrimination with the Commission, no civil 8 action may be commenced by any individual under this sec9 tion until the individual has given the Commission not less 10 than thirty days' notice of an intent to file such action. Such 11 notice shall be filed within one hundred and eighty days after 12 the alleged unlawful practice occurred. Upon receiving a 15 notice of intent to sue, the Commission shall promptly notify 14 all persons named therein as prospective defendants in the 15 action and take any appropriate action to assure the elimina16 tion of any unlawful practice. 17: "(e) Nothing contained in this section shall relieve any 18 Government agency or official of the responsibility to assure 19 nondiscrimination on account of age in employment as re 20 quired under any provision of Federal law.". EFFECTIVE DATE. SEC. 13. This Act shall become effective upon the expira 23 tion of sixty days after the date of its enactment. 93D CONGRESS 1ST SESSION 71 S. 1725 IN THE SENATE OF THE UNITED STATES MAY 7, 1973 Mr. DOMINICK (for himself and Mr. TAFT) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare A BILL To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Fair Labor Standards 4 Amendments of 1973". DEFINITIONS AND APPLICABILITY TO GOVERNMENT 5 6 7 EMPLOYEES SEC. 2. (a) Section 3 (d) of the Fair Labor Standards 8 Act of 1938 (29 U.S.C. 203 (d)) is amended to read as 9 follows: 10 "(d) 'Employer' includes any person acting directly or 11 indirectly in the interest of an employer in relation to an |