9 1 other type of advertising material) published by any 2 weekly, semiweekly, or daily newspaper." 3 EXPANDING EMPLOYMENT OPPORTUNITIES FOR YOUTH; 4 SPECIAL MINIMUM WAGES FOR EMPLOYEES UNDER 5 EIGHTEEN AND STUDENTS 6 SEC. 8. Section 14 (b) of the Fair Labor Standards 7 Act of 1938 is amended to read as follows: 8 "(b) (1) Subject to paragraph (2) and to such stand9 ards and requirements as may be required by the Secretary 10 under paragraph (4), any employer may, in compliance 11 with applicable child labor laws, employ, at the special 12 minimum wage rate prescribed in paragraph (3), any em13 ployee 14 15 16 17 18 19 20 21 22 23 24 25 "(A) to whom the minimum wage rate required by section 6 would apply in such employment but for this subsection, and "(B) who is under the age of eighteen or is a fulltime student. "(2) No employer may employ, at the special minimum wage rate authorized by this subsection "(A) for a period in excess of one hundred and eighty days any employee who is under the age of eighteen and is not a full-time student; or "(B) for longer than twenty hours per week any employee who is a full-time student, except in any case 10 1 in which any such student is employed by the educa 2 tional institution at which he is enrolled. 3 "(3) The special minimum wage rate authorized by this 4 subsection is a wage rate which is not less than the higher of 5 (A) 85 per centum of the otherwise applicable minimum 6 wage rate prescribed by section 6, or (B) $1.30 an hour in 7 the case of employment in agriculture or $1.60 an hour in 8 the case of other employment, except that such special mini9 mum wage rate for employees in Puerto Rico, the Virgin 10 Islands, and American Samoa shall not be less than 85 per 11 centum of the industry wage order rate otherwise applicable 12 to such employees, but in no case shall such special minimum 13 wage rate be less than that provided for under the most 14 recent wage order issued prior to the effective date of the 15 Fair Labor Standards Act of 1973. 16 "(4) The Secretary shall by regulation prescribe stand17 ards and requirements to insure that this subsection will not 18 create a substantial probability of reducing the full-time em19 ployment opportunities of persons other than those to whom 20 the minimum wage rate authorized by this subsection is 21 applicable. 2235 23 24 25 "(5) For purposes of sections 16 (b) and 16 (c) — "(A) any employer who employs any employee under this subsection at a wage rate which is less than the minimum wage rate prescribed by paragraph (3) 14 11 shall be considered to have violated the provisions of section 6 in his employment of the employee, and the liability of the employer for unpaid wages and overtime compensation shall be determined on the basis of the otherwise applicable minimum wage rate under section 6; and "(B) any employer who employs any employee under this subsection for a period in excess of the period prescribed by paragraph (2) shall be considered to have violated the provisions of section 6 in his employment of the employee during the period in excess of the authorized period." CIVIL PENALTY FOR CERTAIN LABOR VIOLATIONS SEC. 9. Section 16 of the Fair Labor Standards Act of 1938 is amended by adding at the end thereof the follow16 ing new subsection: 17 "(e) Any person who violates the provisions of section 18 12, relating to child labor, or any regulation issued under 19 that section, shall be subject to a civil penalty of not to ex20 ceed $1,000 for each such violation. In determining the 21 amount of such penalty, the appropriateness of such penalty 22 to the size of the business of the person charged and the 23 gravity of the violation shall be considered. The amount of 24 such penalty, when finally determined, may be- 7 8 9 12 (1) deducted from any sums owing by the United States to the person charged; or "(2) recovered in a civil action brought by the Sec retary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solic itor of Labor; or "(3) ordered by the court, in an action brought under section 17 to restrain violations of section 15 (a) (4), to be paid to the Secretary. 10 Any administrative determination by the Secretary of the 11 amount of such penalty shall be final, unless within fifteen 12 days after receipt of notice thereof by certified mail the per13 son charged with the violation takes exception to the deter14 mination that the violations for which the penalty is imposed 15 occurred, in which event final determination of the penalty 16 shall be made in an administrative proceeding after oppor17 tunity for hearing in accordance with section 554 of title 5, 18 United States Code, and regulations to be promulgated by the 19 Secretary. Sums collected as penalties pursuant to this sec20 tion shall be applied toward reimbursement of the costs of 21 determining the violations and assessing and collecting such 22 penalties, in accordance with the provisions of section 2 of an 23 Act entitled 'An Act to authorize the Department of Labor 24 to make special statistical studies upon payment of the cost 25 thereof, and for other purposes' (48 Stat. 582)." 2 SEC. 10. The first two sentences of section 16(c) of the 3 Fair Labor Standards Act of 1938, as amended, are amended 5 to read as follows: "The Secretary is authorized to supervise the payment 6 of the unpaid minimum wages or the unpaid overtime com7 pensation owing to any employee or employees under section 8 6 or 7 of this Act, and the agreement of any employee to 9 accept such payment shall upon payment in full constitute 10 a waiver by such employee of any right he may have under 11 subsection (b) of this section to such unpaid minimum wages 12 or unpaid overtime compensation and an additional equal 13 amount as liquidated damages. The Secretary may bring an 14 action in any court of competent jurisdiction to recover the amount of the unpaid minimum wages or overtime compen16 sation and an equal amount as liquidated damages." 15 17 18 19 NONDISCRIMINATION ON ACCOUNT OF AGE IN GOVERNMENT EMPLOYMENT SEC. 11. (a) (1) The second sentence of section 11 (b) 20 of the Age Discrimination in Employment Act of 1967 (29 21 U.S.C. 621) is amended to read as follows: "The term also 22 means (1) any agent of such a person, and (2) a State or 23 political subdivision of a State and any agency or instru24 mentality of a State or a political subdivision of a State, but 25 such term does not include the United States, or a corporation |