§ 625 TITLE 29—LABOR Page 140

title, relating to certain executive employees,

and the exemption contained in section 631(d)

of this title, relating to tenured teaching personnel.

(2) The Secretary may undertake the study required by paragraph (1) of this subsection directly or by contract or other arrangement.

(b) The report required by subsection (a) of

this section shall be transmitted to the President and to the Congress as an interim report

not later than January 1, 1981, and in final form

not later than January 1, 1982.

(Pub. L. 90–202, §5, Dec. 15, 1967, 81 Stat. 604; Pub.

L. 95–256, §6, Apr. 6, 1978, 92 Stat. 192.)

REFERENCES IN TEXT

Section 3(a) of the Age Discrimination in Employment Act Amendments of 1978, referred to in subsec.

(a)(1)(A), is section 3(a) of Pub. L. 95–256, Apr. 6, 1978, 92

Stat. 189, which amended section 631 of this title.

AMENDMENTS

1978—Pub. L. 95–256 designated existing provisions as

par. (1), added cls. (A) to (D), added par. (2), and added

subsec. (b).

STUDY TO ANALYZE POTENTIAL CONSEQUENCES OF

ELIMINATION OF MANDATORY RETIREMENT ON INSTITUTIONS OF HIGHER EDUCATION

Pub. L. 99–592, §6(c), Oct. 31, 1986, 100 Stat. 3344, provided that:

‘‘(1) The Equal Employment Opportunity Commission

shall, not later than 12 months after the date of enactment of this Act [Oct. 31, 1986], enter into an agreement

with the National Academy of Sciences for the conduct

of a study to analyze the potential consequences of the

elimination of mandatory retirement on institutions of

higher education.

‘‘(2) The study required by paragraph (1) of this subsection shall be conducted under the general supervision of the National Academy of Sciences by a study

panel composed of 9 members. The study panel shall

consist of—

‘‘(A) 4 members who shall be administrators at institutions of higher education selected by the National Academy of Sciences after consultation with

the American Council of Education, the Association

of American Universities, and the National Association of State Universities and Land Grant Colleges;

‘‘(B) 4 members who shall be teachers or retired

teachers at institutions of higher education (who do

not serve in an administrative capacity at such institutions), selected by the National Academy of Sciences after consultation with the American Federation of Teachers, the National Education Association,

the American Association of University Professors,

and the American Association of Retired Persons;

and

‘‘(C) one member selected by the National Academy

of Sciences.

‘‘(3) The results of the study shall be reported, with

recommendations, to the President and to the Congress

not later than 5 years after the date of enactment of

this Act [Oct. 31, 1986].

‘‘(4) The expenses of the study required by this subsection shall be paid from funds available to the Equal

Employment Opportunity Commission.’’

§ 625. Administration

The Secretary shall have the power—

(a) Delegation of functions; appointment of

personnel; technical assistance

to make delegations, to appoint such agents

and employees, and to pay for technical assistance on a fee for service basis, as he deems

necessary to assist him in the performance of

his functions under this chapter;

(b) Cooperation with other agencies, employers, labor organizations, and employment

agencies

to cooperate with regional, State, local, and

other agencies, and to cooperate with and furnish technical assistance to employers, labor

organizations, and employment agencies to

aid in effectuating the purposes of this chapter.

(Pub. L. 90–202, §6, Dec. 15, 1967, 81 Stat. 604.)

TRANSFER OF FUNCTIONS

Functions relating to age discrimination administration and enforcement 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.

§ 626. Recordkeeping, investigation, and enforcement

(a) Attendance of witnesses; investigations, inspections, records, and homework regulations

The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of

this chapter in accordance with the powers and

procedures provided in sections 209 and 211 of

this title.

(b) Enforcement; prohibition of age discrimination under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation, conference, and persuasion

The provisions of this chapter shall be enforced in accordance with the powers, remedies,

and procedures provided in sections 211(b), 216

(except for subsection (a) thereof), and 217 of

this title, and subsection (c) of this section. Any

act prohibited under section 623 of this title

shall be deemed to be a prohibited act under section 215 of this title. Amounts owing to a person

as a result of a violation of this chapter shall be

deemed to be unpaid minimum wages or unpaid

overtime compensation for purposes of sections

216 and 217 of this title: Provided, That liquidated damages shall be payable only in cases

of willful violations of this chapter. In any action brought to enforce this chapter the court

shall have jurisdiction to grant such legal or

equitable relief as may be appropriate to effectuate the purposes of this chapter, including

without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be

unpaid minimum wages or unpaid overtime compensation under this section. Before instituting

any action under this section, the Equal Employment Opportunity Commission shall attempt to eliminate the discriminatory practice

or practices alleged, and to effect voluntary

compliance with the requirements of this chap-