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RELATION TO OTHER LAWS

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SEC. 10. Section 18 (b) of the Fair Labor Standards

3 Act of 1938, as amended, is amended (1) by striking out

4 “6 (a) (1)” and inserting in lieu thereof "6 (a)”, and (2) 5 by striking out “7 (a) (1)” and inserting in lieu thereof

6 “7 (a)”.

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CONFORMING AMENDMENTS TO OTHER LAWS

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SEC. 11. (a) Section 12 (a) (2) of the Emergency

9 Employment Act of 1971 (42 U.S.C. 4871) is amended

10 by striking out "section 6 (a) (1)” and inserting in lieu

11 thereof "section 6”.

12 (b) Section 9 of the Act entitled “An Act to provide 13 conditions for the purchase of supplies and the making of 14 contracts by the United States, and for other purposes”, 15 approved June 30, 1936 (41 U.S.C. 43), is amended by 16 inserting immediately before the period at the end thereof 17 the following: "or to certain transportation employees of 18. private carriers of property by motor vehicle, as that term 19 is defined in section 203 (a) (17) and limited under section 20 203 (c) of part II of the Interstate Commerce Act, where 21 such employees are subject to regulation as to qualifications 22 and hours of service pursuant to section 6 (e) (6) (C) and 23 6(f) (2) (A) of the Department of Transportation Act of

24 1966”.

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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:

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1 "NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL

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GOVERNMENT EMPLOYMENT

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"SEC. 15. (a) All personnel actions affecting employ

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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 95, 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 Com

12 mission, in the government of the District of Coumbia hav

13 ing positions in the competitive service, and in those units of 14 the legislative and judicial branches of the Federal Govern15 ment having positions in the competitive service, and in the 16 Library of Congress shall be made free from any discrimi

17 nation based on age.

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“(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, regu

24 lations, orders, and instructions as it deems necessary and

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1 appropriate to carry out its responsibilities under this section.

2 The Civil Service Commission shall

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“(1) be responsible for the review and evaluation

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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

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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 16 on any complaint of discrimination filed by him thereunder. 17 Reasonable exemptions to the provisions of this section тау 18 be established by the Commission but only when the Com

19 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

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1 Service Commission shall be exercised by the Librarian of

2 Congress.

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“ (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 “ (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.”.

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SEC. 13. This Act shall become effective upon the expira

23 tion of sixty days after the date of its enactment.

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