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B-195195 1 (1979-07-23)

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United Shites General Accounting Olce
Washington, DC20548
                               A0



   The \onorable Donald W. Stew,
   United States Senator
   One Court Square S-Suite 116
   Montgomery, Alabama 36104


Off ice of
General Counsel


In Reply
Refer to:


art            to


B-195195


July 23, 1979


Dear Senator Stewart:


     Your letter of June 8, 1979, with enclosure, requests
our response to an age disc.iminaton question addressed
to you by Mr. Lloyd G. Jackson, 1323 Forbes Drive, Hunts-
ville, Alabama 35802.

     Mr. Jackson asks whether an age discrimination com-
plaint in connection with his employment with the
National Aeronautics and Space Administration (NASA) is
barred by the statute of limitations or whether he may
still, bring a complaint under the 6-year limitation
period applicable to claims filed with the&General
Accounting Office (GAO).    In this regard, Mr. Jackson
states that the time limit for filing Fair Labor
Standards Act claims in GAO is'6 years.    Th& incidents
on which aoclaim of age discrimination would be based
evidently occurred in March 1974.

     Jurisdiction over age discrimination complaints is by
statute, 29 U.S.Cs. 633a, vested in the United States Civil
Service Commission and the Federal district courti. The
GAO does not have jurisdiction to decide individual cases
of age discriminatioh arising in other Federal agencies.
Consequently, the 6-year limitation period in 31 U..C.
71a, batring claims-cognizable by the General Accounting
Office 6 years after such claims arise, is inapplicable
to age discrimination complaints. Limitations on bringing
age discrimination complaints are more restrictive than
the 6 years generally applicable to claims cognizable by
this Office, including claims under the Fair Labor Standards
Act.


the
Law


One further point, the act of April 8, 1974, entitled
rair Labor Standards Amendments of 1974', Public
93-259, 88 Stat. 55, contained an amendment to the Age


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