employment maintained by him which are shorter than the maximum hours applicable under this Act.

(b) Notwithstanding any other provisions of this Act (other than section 13 (f)) or any other law, any employee

(1) described in paragraph (7) of section 202 of the Classification Act of 1949 (5 U.S.C. 1082 (7)) whose compensation is required to be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates, and any Federal employee in the Canal Zone engaged in employment of the kind described in such paragraph (7), or

(2) described in section 7474 of title 10, United States Code, whose rates of wages are established to conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity, or

(3) employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,

shall have his basic compensation fixed or adjusted at a wage rate which is not less than the appropriate wage rate provided for in section 6(a)(1) of this Act (except that the wage rate provided for in section [6(b)] 6(a)b shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime provided for in section 7(a) [(1)] of this Act.

SEPARABILITY OF PROVISIONS

SEC. 19. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

AMENDMENTS TO OTHER LAWS

AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

*

SEC. 11. For the purposes of this Act

*

(b) The term "employer" means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year: Provided, That prior to June 30, 1968, employers. [The term also means any agent of such a person, but such employers. The term also means any agent of such a person, but such term does not include the United States, a corporation wholly owned by the Government of the United States, or a State or political subdivision thereof.] The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, but such term does not include the United States, or a corporation wholly owned by the Government of the United States.

(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer and includes an agent of such a person; but shall not include an agency of the United [States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.] States.

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 employed outside the limits of the United States) in military departments as defined in section 102 of title 5, United States Code, in executive agencies (other than the General Accounting Office) as defined in section 105 of title 5, United States Code (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, of 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 Commision is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement of 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 it 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 seminannual 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 of any final action taken or 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 commenced 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.

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.

APPROPRIATIONS

SEC. [16.] 17. There are hereby authorized to be appropriated such sums, not in excess of [$3,000,000 $5,000,000 for any fiscal year, as may be necessary to carry out this Act.

EXEMPTION REVIEW

SEC. 12. The Secretary of Labor is hereby instructed to commence immediately a comprehensive review of the exemptions under section 13 of the Fair Labor Standards Act of 1938 and submit to the Congress not later than three years after the date of enactment of this Act a report containing: (1) an analysis of the reasons why each exemption was established; (2) an evaluation of the need for each exemption in light of current economic conditions, including an analysis of the economic impact its removal would have on the affected industry; and (3) recommendations with regard to whether each exemption should be continued, removed, or modified.

93D CONGRESS 1ST SESSION

Union Calendar No. 91

H. R. 7935

[Report No. 93-232]

IN THE HOUSE OF REPRESENTATIVES

MAY 21, 1973

Mr. DENT (for himself, Mr. PERKINS, and Mr. BURTON) introduced the following bill; which was referred to the Committee on Education and Labor

MAY 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 Standards Act of 1938 to increase the minimum wage rates under that Act, to expand the coverage of that Act, 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

4

SHORT TITLE; REFERENCES TO ACT

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

5 Labor Standards Amendments of 1973".

6

(b) Whenever 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 section or other

1

2

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

67

INCREASE IN MINIMUM WAGE RATE FOR EMPLOYEES

COVERED BEFORE 1966

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

8 amended to read as follows:

9

10

11

12

133

14

18

66

"(1) not less than $2 an hour during the period

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

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

section;".

INCREASE IN MINIMUM WAGE RATE FOR NONAGRICUL

TURAL EMPLOYEES COVERED IN 1966 AND 1973

15 SEC. 102. Section 6 (b) (29 U.S.C. 206 (b)) is 16 amended (1) by striking out "Every employer" and insert17 ing in lieu thereof "(1) Except as provided in paragraph (2), every employer", (2) by striking out "(other than an 19 employee 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: "(A) not less than $1.80 an hour during the period ending June 30, 1974,

23

24

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