Page 139 TITLE 29—LABOR § 624

section [amending this section] shall take effect upon

the termination of such agreement or on January 1,

1980, whichever occurs first.’’

REGULATIONS

Section 104 of title I of Pub. L. 101–433 provided that:

‘‘Notwithstanding section 9 of the Age Discrimination

in Employment Act of 1967 (29 U.S.C. 628), the Equal

Employment Opportunity Commission may issue such

rules and regulations as the Commission may consider

necessary or appropriate for carrying out this title

[amending this section and section 630 of this title and

enacting provisions set out as notes under this section

and section 621 of this title], and the amendments made

by this title, only after consultation with the Secretary of the Treasury and the Secretary of Labor.’’

CONSTRUCTION OF 1996 AMENDMENT

Section 101(a) [title I, §119[1(c)]] of Pub. L. 104–208

provided that: ‘‘Nothing in the repeal, reenactment,

and amendment made by subsections (a) and (b) [section 101(a) [title I, §119[1(a), (b)]] of Pub. L. 104–208,

amending this section and repealing provisions set out

as a note under this section] shall be construed to

make lawful the failure or refusal to hire, or the discharge of, an individual pursuant to a law that—

‘‘(1) was enacted after March 3, 1983 and before the

date of enactment of the Age Discrimination in Employment Amendments of 1996 [Sept. 30, 1996]; and

‘‘(2) lowered the age of hiring or retirement, respectively, for firefighters or law enforcement officers

that was in effect under applicable State or local law

on March 3, 1983.’’

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.

STUDY AND GUIDELINES FOR PERFORMANCE TESTS

Section 101(a) [title I, §119[2]] of Pub. L. 104–208 provided that:

‘‘(a) STUDY.—Not later than 3 years after the date of

enactment of this Act [Sept. 30, 1996], the Secretary of

Health and Human Services, acting through the Director of the National Institute for Occupational Safety

and Health (referred to in this section [probably means

section 101(a) [title I, §119[2]] of Pub. L. 104–208] as the

‘Secretary’), shall conduct, directly or by contract, a

study, and shall submit to the appropriate committees

of Congress a report based on the results of the study

that shall include—

‘‘(1) a list and description of all tests available for

the assessment of abilities important for the completion of public safety tasks performed by law enforcement officers and firefighters;

‘‘(2) a list of the public safety tasks for which adequate tests described in paragraph (1) do not exist;

‘‘(3) a description of the technical characteristics

that the tests shall meet to be in compliance with applicable Federal civil rights law and policies;

‘‘(4) a description of the alternative methods that

are available for determining minimally acceptable

performance standards on the tests;

‘‘(5) a description of the administrative standards

that should be met in the administration, scoring,

and score interpretation of the tests; and

‘‘(6) an examination of the extent to which the tests

are cost-effective, are safe, and comply with the Federal civil rights law and policies.

‘‘(b) CONSULTATION REQUIREMENT; OPPORTUNITY FOR

PUBLIC COMMENT.—

‘‘(1) CONSULTATION.—The Secretary shall, during

the conduct of the study required by subsection (a),

consult with—

‘‘(A) the Deputy Administrator of the United

States Fire Administration;

‘‘(B) the Director of the Federal Emergency Management Agency;

‘‘(C) organizations that represent law enforcement officers, firefighters, and employers of the officers and firefighters; and

‘‘(D) organizations that represent older individuals.

‘‘(2) PUBLIC COMMENT.—Prior to issuing the advisory

guidelines required in subsection (c), the Secretary

shall provide an opportunity for public comment on

the proposed advisory guidelines.

‘‘(c) ADVISORY GUIDELINES.—Not later than 4 years

after the date of enactment of this Act [Sept. 30, 1996],

the Secretary shall develop and issue, based on the results of the study required by subsection (a), advisory

guidelines for the administration and use of physical

and mental fitness tests to measure the ability and

competency of law enforcement officers and firefighters

to perform the requirements of the jobs of the officers

and firefighters.

‘‘(d) JOB PERFORMANCE TESTS.—

‘‘(1) IDENTIFICATION OF TESTS.—After issuance of the

advisory guidelines described in subsection (c), the

Secretary shall issue regulations identifying valid,

nondiscriminatory job performance tests that shall

be used by employers seeking the exemption described in section 4(j) of the Age Discrimination in

Employment Act of 1967 [29 U.S.C. 623(j)] with respect

to firefighters or law enforcement officers who have

attained an age of retirement described in such section 4(j).

‘‘(2) USE OF TESTS.—Effective on the date of issuance of the regulations described in paragraph (1),

any employer seeking such exemption with respect to

a firefighter or law enforcement officer who has attained such age shall provide to each firefighter or

law enforcement officer who has attained such age an

annual opportunity to demonstrate physical and

mental fitness by passing a test described in paragraph (1), in order to continue employment.

‘‘(e) DEVELOPMENT OF STANDARDS FOR WELLNESS PROGRAMS.—Not later than 2 years after the date of enactment of this Act [Sept. 30, 1996], the Secretary shall

propose advisory standards for wellness programs for

law enforcement officers and firefighters.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $5,000,000 to carry out this

section.’’

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 624. Study by Secretary of Labor; reports to

President and Congress; scope of study; implementation of study; transmittal date of reports

(a)(1) The Secretary of Labor is directed to undertake an appropriate study of institutional

and other arrangements giving rise to involuntary retirement, and report his findings and any

appropriate legislative recommendations to the

President and to the Congress. Such study shall

include—

(A) an examination of the effect of the

amendment made by section 3(a) of the Age

Discrimination in Employment Act Amendments of 1978 in raising the upper age limitation established by section 631(a) of this title

to 70 years of age;

(B) a determination of the feasibility of

eliminating such limitation;

(C) a determination of the feasibility of raising such limitation above 70 years of age; and

(D) an examination of the effect of the exemption contained in section 631(c) of this
§ 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-