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1 wholly owned by the Government of the United States.". 2 (2) Section 11 (c) of such Act is amended by striking 3 out "or any agency of a State or political subdivision of a 4 State, except that such terms shall include the United States 5 Employment Service and the systems of State and local 6 employment services receiving Federal assistance." 7 (3) Section 16 of such Act is amended by striking 8 the figure "$3,000,000", and inserting in lieu thereof 9 "$5,000,000".

10 (b) (1) The Age Discrimination in Employment Act of 11 1967 is amended by redesignating sections 15 and 16, and 12 all references thereto, as section 16 and section 17, respec13 tively.

14 (2) The Age Discrimination in Employment Act of 15 1967 is further amended by adding immediately after sec16 tion 14 the following new section:

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18

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"NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL

GOVERNMENT EMPLOYMENT

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

or applicants for employment (except with regard to aliens 21 employed outside the limits of the United States) in military 22 departments as defined in section 102 of title 5, United States 23 Code, in executive agencies (other than the General Ac24 counting Office) as defined in section 105 of title 5, United 25 States Code (including employees and applicants for em

15

1 ployment who are paid from nonappropriated funds), in 2 the United States Postal Service and the Postal Rate Com3 mission, of the government of the District of Columbia hav4 ing positions in the competitive service, and in those units 5 of the legislative and judicial branches of the Federal Govern6 ment having positions in the competitive service, and in the 7 Library of Congress shall be made free from any discrimina8 tion based on age.

9 "(b) Except as otherwise provided in this subsection, 10 the Civil Service Commission is authorized to enforce the pro11 visions of subsection (a) through appropriate remedies, in12 cluding reinstatement of hiring of employees with or with13 out backpay, as will effectuate the policies of this section. The 14 Civil Service Commission shall issue such rules, regulations, 15 orders, and instructions as it deems necessary and appro16 priate to carry out its responsibilities under this section. The 17 Civil Service Commission shall

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19

20

"(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 ob

21 taining 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

16

relating to nondiscrimination in employment on account

1

2

of age.

3 The head of each such department, agency, or unit shall

4 comply with such rules, regulations, orders, and instruc

5

tions which shall include a provision that an employee or 6 applicant for employment shall be notified of any final action taken or any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section be established by the Commission but only

7

8

9

10

may

when the Commission has established a maximum age re11 quirement on the basis of a determination that age is a bona fide occupational qualification necessary to the per

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13

formance of the duties of the position. With respect to em14 ployment in the Library of Congress, authorities granted in 15 this subsection to the Civil Service Commission shall be 16 exercised by the Librarian of Congress.

2225

17 "(c) Any persons aggrieved may bring a civil action 18 in any court of competent jurisdiction for such legal or 19 equitable relief as will effectuate the purposes of this Act. 20 "(d) When the individual has not filed a complaint 21 concerning age discrimination with the Commission, no 22 civil action may be commenced by any individual under 23 this section until the individual has given the Commis24 sion not less than thirty days' notice of an intent to file 25 such action. Such notice shall be filed within one hundred 26 and eighty days after the alleged unlawful practice occurred.

17

1 Upon receiving a notice of intent to sue, the Commission 2 shall promptly notify all persons named therein as prospec3 tive defendants in the action and take any appropriate 4 action to assure the elimination of any unlawful practice.

5

"(e) Nothing contained in this section shall relieve

6 any Government agency or official of the responsibility to

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8

9

10

assure nondiscrimination on account of age in employment

as required under any provision of Federal law."

EXEMPTION REVIEW

SEC. 12. The Secretary of Labor is hereby instructed

11 to commence immediately a comprehensive review of the 12 exemptions under section 13 of the Fair Labor Standards 13 Act of 1938 and submit to the Congress not later than three 14 years after the date of enactment of this Act a report con15 taining: (1) an analysis of the reasons why each exemp16 tion was established; (2) an evaluation of the need for 17 each exemption in light of current economic conditions, 18 including an analysis of the economic impact its removal 19 would have on the affected industry; and (3) recom20 mendations with regard to whether each exemption should 21 be continued, removed, or modified.

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TECHNICAL AMENDMENTS

23 SEC. 13. (a) Section 6 (c) (2) (C) of the Fair Labor 24 Standards Act of 1938 is amended by substituting "1973" 25 for "1966".

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2

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(b) (1) Section 6 (c) (3) of such Act is repealed.

(2) Section 6(c) (4) of such Act is redesignated as 3 6e(3).

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(c) (1) Section 7 (a) (1) of such Act is redesignated as 5 7(a).

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(2) Section 7 (a) (2) of such Act is repealed.

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(d) Section 14 (c) of such Act is repealed and section

8 14 (d) is redesignated as 14 (c).

9 (e) Section 18 (b) is amended by striking out "sec10 tion 6 (b)", and inserting in lieu thereof "section 6 (a) (6)”, 11 and by striking out "section 7 (a) (1)” and inserting in lieu 12 thereof "section 7 (a)".

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EFFECTIVE DATE

SEC. 14. Except as otherwise provided in this Act, the 15 amendments made by this Act shall take effect sixty days 16 after enactment. On and after the date of enactment of this 17 Act, the Secretary is authorized to promulgate necessary 18 rules, regulations, or orders with regard to the amendments 19 made by this Act.