Code (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in the Government of the District of Columbia having positions in the competitive service, and in those units of the legislative and judicial branches of the Federal Government having positions in the competitive service, and in the Library of Congress shall be made free from any discrimination based on age.

(b) Except as otherwise provided in this subsection, the Civil Service Commission is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of this section. The Civil Service Commission shall issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this section. 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 relating to nondiscrimination in employment on account of age.

The head of each such department, agency, or unit shall comply with such rules, regulations, orders, and instructions which shall include a provision that an employee or applicant for employment shall be notified on any final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be established by the Commission but only when the Commission has established a maximum age requirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Civil Service Commission shall be exercised by the Librarian of Congress.

(c) Any persons aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this Act.

(d) When the individual has not filed a complaint concerning age discrimination with the Commission, no civil action may be commended by any individual under this section until the individual has given the Commission not less 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 notice of intent to sue, the Commission shall promptly notify all persons named therein as prospective defendants in the action and take any appropriate action to assure the elimination of any unlawful practice.

(e) Nothing contained in this section shall relieve any Government agency or official of the responsibility to assure nondiscrimination on account of age in employment as required under any provision of Federal law.

Section 15 of the Age Discrimination in Employment Act of 1967

EFFECTIVE DATE

SEC. [15] 16. This Act shall become effective one hundred and eighty days after enactment, except (a) that the Secretary of Labor may extend the delay in effective date of any provision of this Act up to an additional ninety days thereafter if he finds that such time is necessary in permitting adjustments to the provisions hereof, and (b) that on or after the date of enactment the Secretary of Labor is authorized to issue such rules and regulations as may be necessary to carry out its provisions.

Section 16 of the Age Discrimination Employment Act of 1967

APPROPRIATIONS

SEC. [16] 17. There are hereby authorized to be appropriated such sums, not in excess of $3,000,000 for any fiscal year, as may be necessary to carry out this Act.

93D CONGRESS 1ST SESSION

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

II

2

1 employee, including the United States and any State or po2 litical subdivision of a State, but shall not include any

3 labor organization (other than when acting as an employer),

4

or anyone acting in the capacity of officer or agent of such 5 labor organization."

6

(b) Section 3 (e) of such Act is amended by adding at 7 the end thereof the following: "In the case of any individual 8 employed by the United States, 'employee' means any in9 dividual employed (i) as a civilian in the military depart10 ments as defined in section 102 of title 5, United States 11 Code, (ii) in executive agencies (other than the General 12 Accounting Office) as defined in section 105 of title 5, United 13 States Code (including employees who are paid from non14 appropriated funds), (iii) in the United States Postal Serv15 ice and the Postal Rate Commission, (iv) in those units of 16 the government of the District of Columbia having positions 17 in the competitive service, (v) in those units of the legis18 lative and judicial branches of the Federal Government hav19 ing positions in the competitive service, and (vi) in the 20 Library of Congress, and in the case of any individual em21 ployed by any State or a political subdivision of any State 22 means any employee holding a position comparable to one 23 of the positions enumerated for individuals employed by the 24 United States.".

3

1

(c) Section 3 (h) of such Act is amended to read as 2 follows:

66

3 "(h) 'Industry' means a trade, business, industry, or

4 other activity, or branch or group thereof, in which individ5 uals are gainfully employed.".

6 (d) (1) The first sentence of section 3 (r) of such Act 7 is amended by inserting after the word "whether", the words 8 "public or private or conducted for profit or not for profit, 9 or whether".

10

(2) The second sentence of such subsection is amended 11 to read as follows: "For purposes of this subsection, the activ12 ities performed by any person in connection with the 13 activities of the Government of the United States or any. 14 State or political subdivision shall be deemed to be activities 15 performed for a business purpose.".

16 (e) The first sentence of section 3 (s) of such Act is 17 amended by inserting after the words "means an enter18 prise", the parenthetical clause "(whether public or private 19 or operated for profit or not for profit and including activities 20 of the Government of the United States or of any State or 21 political subdivision of any State)".

22

(f) Section 13 (b) of such Act is amended by striking 23 out the period at the end of paragraph (19) and inserting in