§ 633 TITLE 29—LABOR Page 146

to the Congress covering its activities for the

preceding year and including such information,

data and recommendations for further legislation in connection with the matters covered by

this chapter as it may find advisable. Such report shall contain an evaluation and appraisal

by the Commission of the effect of the minimum

and maximum ages established by this chapter,

together with its recommendations to the Congress. In making such evaluation and appraisal,

the Commission shall take into consideration

any changes which may have occurred in the

general age level of the population, the effect of

the chapter upon workers not covered by its provisions, and such other factors as it may deem

pertinent.

(Pub. L. 90–202, §13, Dec. 15, 1967, 81 Stat. 607;

1978 Reorg. Plan No. 1, §2, eff. Jan. 1, 1979, 43

F.R. 19807, 92 Stat. 3781.)

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’,

‘‘Commission’’, ‘‘it’’, and ‘‘its’’ substituted in text for

‘‘Secretary’’, meaning Secretary of Labor, ‘‘he’’, and

‘‘his’’, respectively, pursuant to Reorg. Plan No. 1 of

1978, §2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, which transferred all functions vested by this

section in Secretary of Labor to Equal Employment

Opportunity Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,

44 F.R. 1053.

§ 633. Federal-State relationship

(a) Federal action superseding State action

Nothing in this chapter shall affect the jurisdiction of any agency of any State performing

like functions with regard to discriminatory employment practices on account of age except

that upon commencement of action under this

chapter such action shall supersede any State

action.

(b) Limitation of Federal action upon commencement of State proceedings

In the case of an alleged unlawful practice occurring in a State which has a law prohibiting

discrimination in employment because of age

and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 626 of this title before the expiration of

sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided,

That such sixty-day period shall be extended to

one hundred and twenty days during the first

year after the effective date of such State law.

If any requirement for the commencement of

such proceedings is imposed by a State authority other than a requirement of the filing of a

written and signed statement of the facts upon

which the proceeding is based, the proceeding

shall be deemed to have been commenced for the

purposes of this subsection at the time such

statement is sent by registered mail to the appropriate State authority.

(Pub. L. 90–202, §14, Dec. 15, 1967, 81 Stat. 607.)

TRANSFER OF FUNCTIONS

Functions vested by this section in Secretary of

Labor or Civil Service Commission transferred to Equal

Employment Opportunity Commission by Reorg. Plan

No. 1 of 1978, §2, 43 F.R. 19807, 92 Stat. 3781, set out in

the Appendix to Title 5, Government Organization and

Employees, effective Jan. 1, 1979, as provided by section

1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

§ 633a. Nondiscrimination on account of age in

Federal Government employment

(a) Federal agencies affected

All personnel actions affecting employees or

applicants for employment who are at least 40

years of age (except personnel actions with regard to aliens employed outside the limits of the

United States) in military departments as defined in section 102 of title 5, in executive agencies as defined in section 105 of title 5 (including

employees and applicants for employment who

are paid from nonappropriated funds), in the

United States Postal Service and the Postal

Rate Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those

units of the judicial branch of the Federal Government having positions in the competitive

service, and in the Government Printing Office,

the General Accounting Office, and the Library

of Congress shall be made free from any discrimination based on age.

(b) Enforcement by Equal Employment Opportunity Commission and by Librarian of Congress in the Library of Congress; remedies;

rules, regulations, orders, and instructions of

Commission: compliance by Federal agencies; powers and duties of Commission; notification of final action on complaint of discrimination; exemptions: bona fide occupational qualification

Except as otherwise provided in this subsection, the Equal Employment Opportunity

Commission is authorized to enforce the provisions of subsection (a) of this section through

appropriate remedies, including reinstatement

or hiring of employees with or without backpay,

as will effectuate the policies of this section.

The Equal Employment Opportunity Commission shall issue such rules, regulations, orders,

and instructions as it deems necessary and appropriate to carry out its responsibilities under

this section. The Equal Employment Opportunity 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 department, agency, or unit referred to in subsection (a) of this section;

(2) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to nondiscrimination in

employment on account of age; and

(3) provide for the acceptance and processing

of complaints of discrimination in Federal employment on account of age.

The head of each such department, agency, or

unit shall comply with such rules, regulations,

orders, and instructions of the Equal Employ-
Page 147 TITLE 29—LABOR § 634

ment Opportunity Commission which shall include a provision that an employee or applicant

for employment shall be notified of any final action taken on 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 Equal Employment Opportunity Commission shall be exercised by the Librarian of Congress.

(c) Civil actions; jurisdiction; relief

Any person aggrieved may bring a civil action

in any Federal district court of competent jurisdiction for such legal or equitable relief as will

effectuate the purposes of this chapter.

(d) Notice to Commission; time of notice; Commission notification of prospective defendants; Commission elimination of unlawful

practices

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) Duty of Government agency or official

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.

(f) Applicability of statutory provisions to personnel action of Federal departments, etc.

Any personnel action of any department,

agency, or other entity referred to in subsection

(a) of this section shall not be subject to, or affected by, any provision of this chapter, other

than the provisions of section 631(b) of this title

and the provisions of this section.

(g) Study and report to President and Congress

by Equal Employment Opportunity Commission; scope

(1) The Equal Employment Opportunity Commission shall undertake a study relating to the

effects of the amendments made to this section

by the Age Discrimination in Employment Act

Amendments of 1978, and the effects of section

631(b) of this title.

(2) The Equal Employment Opportunity Commission shall transmit a report to the President

and to the Congress containing the findings of

the Commission resulting from the study of the

Commission under paragraph (1) of this subsection. Such report shall be transmitted no

later than January 1, 1980.

(Pub. L. 90–202, §15, as added Pub. L. 93–259,

§28(b)(2), Apr. 8, 1974, 88 Stat. 74; amended Pub.

L. 95–256, §5(a), (e), Apr. 6, 1978, 92 Stat. 191; 1978

Reorg. Plan No. 1, eff. Jan. 1, 1979, §2, 43 F.R.

19807, 92 Stat. 3781; Pub. L. 104–1, title II,

§201(c)(2), Jan. 23, 1995, 109 Stat. 8.)

REFERENCES IN TEXT

The amendments made to this section by the Age

Discrimination in Employment Act Amendments of

1978, referred to in subsec. (g)(1), are amendments by

section 5(a) and (e) of Pub. L. 95–256, which amended

subsecs. (a), (f), and (g) of this section.

AMENDMENTS

1995—Subsec. (a). Pub. L. 104–1 substituted ‘‘units of

the judicial branch’’ for ‘‘units of the legislative and judicial branches’’ and inserted ‘‘Government Printing

Office, the General Accounting Office, and the’’ before

‘‘Library of Congress’’.

1978—Subsec. (a). Pub. L. 95–256, §5(a), inserted age

requirement of at least 40 years of age, and ‘‘personnel

actions’’ after ‘‘except’’.

Subsecs. (f), (g). Pub. L. 95–256, §5(e), added subsecs.

(f) and (g).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104–1 effective 1 year after

Jan. 23, 1995, see section 1311(d) of Title 2, The Congress.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 5(f) of Pub. L. 95–256 provided that: ‘‘The

amendments made by this section [amending this section and sections 8335 and 8339 of Title 5, Government

Organization and Employees, and repealing section 3322

of Title 5] shall take effect on September 30, 1978, except that section 15(g) of the Age Discrimination in

Employment Act of 1967, as amended by subsection (e)

of this section [subsec. (g) of this section], shall take

effect on the date of enactment of this Act [Apr. 6,

1978].’’

EFFECTIVE DATE

Section effective May 1, 1974, see section 29(a) of Pub.

L. 93–259, set out as an Effective Date of 1974 Amendment note under section 202 of this title.

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’ substituted for ‘‘Civil Service Commission’’ in subsecs. (b)

and (g) pursuant to Reorg. Plan No. 1 of 1978, §2, 43 F.R.

19807, 92 Stat. 3781, set out in the Appendix to Title 5,

Government Organization and Employees, which transferred all functions vested by this section in Civil Service Commission to Equal Employment Opportunity

Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.

1053.

CROSS REFERENCES

Equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex, or national origin, see section 7201 of Title 5,

Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 626, 631 of this

title; title 2 sections 1202, 1311; title 3 section 411; title

5 sections 2302, 7702, 7703; title 22 sections 3905, 4131.

§ 634. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry

out this chapter.

(Pub. L. 90–202, §17, formerly §16, Dec. 15, 1967, 81

Stat. 608; renumbered and amended Pub. L.