39 1 section, shall be subject to a civil penalty of not to exceed 2 $1,000 for each such violation. Any such civil penalty may 3 5 be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business 6 of the person charged and the gravity of the violation shall be 7 considered. The amount of such penalty, when finally deter8 mined, or the amount agreed upon in compromise, may be 9 deducted from any sums owing by the United States to the 10 person charged." 11 12 RELATION TO OTHER LAWS SEC. 11. Section 18(b) of the Fair Labor Standards 13 Act of 1938, as amended, is amended (1) by striking out 14 "6(a)(1)” and inserting in lieu thereof "6(a)", and (2) 15 by striking out "7(a)(1)" and inserting in lieu thereof 16 "7(a)." 17 18 CONFORMING AMENDMENTS TO OTHER LAWS SEC. 12. Section 12(a)(2) of the Emergency Employ 19 ment Act of 1971 (42 U.S.C. 4871) is amended by strik20 ing out "section 6(a)(1)" and inserting in lieu thereof 21 “section 6”. 22 23 24 NONDISCRIMINATION ON ACCOUNT OF AGE IN GOVERNMENT EMPLOYMENT SEC. 13. (a)(1) The second sentence of section 11(b) 25 of the Age Discrimination in Employment Act of 1967 is 26 amended to read as follows: "The term also means (1) any 40 1 agent of such a person, and (2) a State or political sub2 division of a State and any agency or instrumentality of a 3 State or a political subdivision of a State, but such term does 4 not include the United States, or a corporation wholly owned by the Government of the United States." 5 6 (2) Section 11(c) of such Act is amended by striking 7 out "or any agency of a State or political subdivision of a 8 State, except that such terms shall include the United States 9 10 11 12 Employment Service and the systems of State and local employment services receiving Federal assistance." (b)(1) The Age Discrimination in Employment Act of 1967 is amended by redesignating sections 15 and 16, and 13 all references thereto, as section 16 and section 17, respec tively. (2) The Age Discrimination in Employment Act of 1967 is further amended by adding immediately after section 14 the following new section: "NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL GOVERNMENT EMPLOYMENT "SEC. 15. (a) All personnel actions affecting employ ees or applicants for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in section 102 of title 5, United States Code, in executive agencies (other than the General Accounting Office) as defined in section 105 of title 41 1 5, United States Code (including employees and applicants 2 for employment who are paid from nonappropriated funds), 3 in the United States Postal Service and the Postal Rate Com4 mission, of the Government of the District of Columbia hav5 ing positions in the competitive service, and in those units of 6 the legislative and judicial branches of the Federal Govern7 ment having positions in the competitive service, and in the 8 Library of Congress shall be made free from any discrimi9 nation based on age. 10 "(b) Except as otherwise provided in this subsection, 11 the Civil Service Commission is authorized to enforce the 12 provisions of subsection (a) through appropriate remedies, 13 including reinstatement or hiring of employees with or with14 out backpay, as will effectuate the policies of this section. 15 The Civil Service Commission shall issue such rules, regula16 tions, orders, and instructions as it deems necessary and ap17 propriate to carry out its responsibilities under this section. 18 The Civil Service Commission shall— "(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 re 42 1 2 lating to nondiscrimination in employment on account of age. 3 The head of each such department, agency, or unit shall com4 ply with such rules, regulations, orders, and instructions which 5 shall include a provision that an employee or applicant for 6 employment shall be notified of any final action taken or any 7 complaint of discrimination filed by him thereunder. Reason8 able exemptions to the provisions of this section may be es9 tablished by the Commission but only when the Commission 10 has established a maximum age requirement on the basis of a 11 determination that age is a bona fide occupational qualifica12 tion necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, 14 authorities granted in this subsection to the Civil Service 15 Commission shall be exercised by the Librarian of Congress. 16 "(c) Any persons aggrieved may bring a civil action 13 17 in any court of competent jurisdiction for such legal or equi18 table relief as will effectuate the purposes of this Act. 19 "(d) When the individual has not filed a complaint concerning age discrimination with the Commission, no civil 21 action may be commenced by any individual under this section until the individual has given the Commission not less 220 2 23 than thirty days' notice of an intent to file such action. Such notice shall be filed within one hundred and eighty days after the alleged unlawful practice occurred. Upon receiving a 43 1 notice of intent to sue, the Commission shall promptly notify 2 all persons named therein as prospective defendants in the 3 action and take any appropriate action to assure the elimina4 tion of any unlawful practice. 5 6 7 8 9 "(e) Nothing contained in this section shall relieve any as required under any provision of Federal law.". EFFECTIVE DATE 10 SEC. 14. This Act shall become effective upon the 11 expiration of sixty days after the date of its enactment. Amend the title so as to read: "A bill to amend the Fair Labor Standards Act of 1938, as amended, to extend its protection to additional employees, to raise the minimum wage to $2.20 an hour, and for other purposes." |