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1 “NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL

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GOVERNMENT EMPLOYMENT

3 "SEC. 15. (a) All personnel actions affecting employ4 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 9 5, 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 Govern

nient having positions in the competitive service, and in the Library of Congress shall be made free from any discrimi

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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 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

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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 may 18 be established by the Commission but only when the Com19 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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3 "(c) Any persons aggrieved may bring a civil action 4 in any court of competent jurisdiction for such legal or equi5 table relief as will effectuate the purposes of this Act.

“(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 la 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.

“(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.

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20 quired under any provision of Federal law.”.

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22 Sec. 13. This Act shall become effective upon the expira23 tion of sixty days after the date of its enactment.

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MUY 21, 1973 Mr. DENT (for himself, Jr. PERKINS, and Mr. Burton) introduced the fol

Towing bill; which was referred to the Committee on Education and Labor

Mur 29. 1973 Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend the Fair Labor Standarils Act of 1938 to increase the

minimum wage rates under that Act, to expand the corernge

oi that Act, and for other purposes. 1

De it enacted by the Senate and Ilouse of Representa

2 tives of the United States of berica in Congress assembled,

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SIIOIT TITLE; REFERENCES TO ACT

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SECTION 1. (a) This Act may be cited as the "Tair

5 Labor Standards Imendments of 1973".

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(1) Wienerer in titles I, II, and III of this Act an

7 amendment or repeal is expressed in terms of an amendment

8 to, or repeal of, a section or other provision, the section or 9 other provision amended or repealed is a sertion or other

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1 provision of the Fair Labor Standards Act of 1938 (29

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Sec. 101. Section 6 (a) (1) (29 U.S.C. 206 (a) (1)) is

8 amended to read as follows:

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“(1) not less than $2 an liour during the period

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ending June 30, 1974, and not less than $2.20 an hour

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after June 30, 1974, except as otherwise provided in this

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section;".

13 INCREASE IN MINIMUM WAGE RATE FOR NONAGRICUL

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TURAL EMPLOYEES COVERED IN 1966 AND 1973

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Sec. 102. Section 6 (b), (29 U.S.C. 206 (b)) is 16 amended (1) by striking out “Every employer" and insert17 ing in licu thereof " (1) Except as provided in paragraph 18 (2), every employer”, (2) by striking out " (other than an 19 cmployee to whom subsection (a) (5) applies)”, (3) by in20 serting or the Fair Labor Standards Amendments of 1973"

21 after “1966", and (4) by striking out paragraphs (1) 22 through (5) and inserting in lieu thereof the following: 23

“(A) not less than $1.80 an hour during the period 24 cuding Jue 30, 1974,

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