« ForrigeFortsett »
the Civil Service Commission is authorized to enforce the
2 provisions of subsection (a) through appropriate remedies, 3 including reinstatement of hiring of employees with or 4 without backpay, as will effectuate the policies of this section.
5 The Civil Service Commission shall issue such rules, regula
6 tions, orders, and instructions as it deems necessary and ap
7 propriate to carry out its responsibilities under this section.
8 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 nondiscriinination in employment on account of
18 The head of each such department, agency, or unit shall 19 comply with such rules, regulations, orders, and instructions 20 which shall include a provision that an employee or applicant 21 for employment shall be notified of any final action taken or 22 any complaint of discrimination filed by him thereunder. Rea23 sonable exemptions to the provisions of this section may be 24 established by the Commission but only when the Commis25 sion has established a maximum age requirement on the basis
1 of a determination that age is a bona fide occupational quali2 fication necessary to the performance of the duties of the 3 position. With respect to employment in the Library of Con4 gress, authorities granted in this subsection to the Civil Serv5 ice Commission shall be exercised by the Librarian of 6 Congress. 7 “(c) Any persons aggrieved may bring a civil action in 8 any court of competent jurisdiction for such legal or equitable 9 relief as will effectuate the purposes of this Act. 10
“ (d) When the individual has not filed a complaint con11 cerning age discrimination with the Commission, no civil 12 action may be commenced by any individual under this sec13 tion until the individual has given the Commission not less 14 than thirty days' notice of an intent to file such action. Such
15 notice shall be filed within one hundred and eighty days after
16 the alleged unlawful practice occurred. Upon receiving a no17 tice of intent to sue, the Commission shall promptly notify
18 all persons named therein as prospective defendants in the
19 action and take any appropriate action to assure the elimina20 tion of any unlawful practice.
21 “(e) Nothing contained in this section shall relieve any 22 Government agency or official of the responsibility to assure 23 nondiscrimination on account of age in employment as re
24 quired under any provision of Federal law.”
2 Sec. 12. The Secretary of Labor is hereby instructed to 3 commence immediately a comprehensive review of the ex4 emptions under section 13 of the Fair Labor Standards Act
5 of 1938 and submit to the Congress not later than three years 6 after the date of enactment of this Act a report containing: 7 (1) an analysis of the reasons why each exemption was 8 established; (2) an evaluation of the need for each exemp
9 tion in light of current economic conditions, including an 10 analysis of the economic impact its removal would have on 11 the affected industry; and (3) recommendations with regard 12 to whether each exemption should be continued, removed, or
15 SEC. 13. (a) Section 6 (c) (2) (C) of the Fair Labor 16 Standards Act of 1938 is amended by substituting “1973”
17 for "1966”.
(b) (1) Section 6 (c) (3) of such Act is repealed.
20 6(c) (3). 21 (c) (1) Section 7 (a) (1) of such Act is redesignated as
23 (2) Section 7 (a) (2) of such Act is repealed. 24 (d) Section 14 (c) of such Act is repealed and section 25 14 (a) is redesignated as 14 (c).
1 (e) Section 18 (b) is amended by striking out “section 2 6(b)”, and inserting in lieu thereof “section 6 (a) (6)”, and 3 by striking out "section 7 (a) (1)” and inserting in lieu
SEC. 14. Except as otherwise provided in this Act, the
7 amendments made by this Act shall take effect sixty days
8 after enactment. On and after the date of enactment of this
9 Act, the Secretary is authorized to promulgate necessary
10 rules, regulations, or orders with regard to the amendments
11 made by this Act.
(From the Congressional Record-House, May 21, 1973] Under clause 4 of rule XXII, public bills and resolutions were introduced and severally referred as follows:
H. R. 7935
IN THE LIOUSE OF REPRESENTATIVES
MAY 21, 1973
Jowing bill: which was referred to the Committee on Education anil Labor
To amend the Fair Labor Standards ici of 1938 to increase the
minimum wage rates under that Act, to expand the coverage
of that Irt, and for other purposes., 1 Be it enacted by the Senate and Ilouse of Representa2 tives of the United States of America in Congress assembled,
SHORT TITLE; REFERENCES TO ACT
SECTION 1. (a) This Act may be cited as the “Tair
5 Libor Standards Amendments of 1973".
6 (1Whenever in titles I, II, and III of this let an