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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 2722

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             November 9 (legislative day, November 2), 1993

 Received; read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 AN ACT

 
To amend the Age Discrimination in Employment Act of 1967 with respect 
 to State and local firefighters and law enforcement officers; and to 
   amend the Age Discrimination in Employment Amendments of 1986 to 
 prevent the repeal of the exemption for certain bona fide hiring and 
  retirement plans applicable to State and local firefighters and law 
                         enforcement officers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Age Discrimination in Employment 
Amendments of 1993''.

SEC. 2. AMENDMENTS.

    Section 4(j)(1) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 623(j)(1)) is amended by striking ``attained the age'' and 
all that follows through ``1983, and'', and inserting the following:
        ``attained--
                    ``(A) the age of hiring or retirement in effect 
                under applicable State or local law on March 3, 1983; 
                or
                    ``(B) if the age of retirement was not in effect 
                under applicable State or local law on March 3, 1983, 
                55 years of age; and''.

SEC. 3. REPEALER.

    Section 3(b) of the Age Discrimination in Employment Amendments of 
1986 (29 U.S.C. 623 note) is repealed.

SEC. 4. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.

    (a) Study.--Not later than 3 years after the date of enactment of 
this Act, the Chairman of the Equal Employment Opportunity Commission 
(in this section referred to as ``the Chairman'') shall conduct, 
directly or by contract, a study that will include--
            (1) a list and description of all tests available for the 
        assessment of abilities important for completion of public 
        safety tasks performed by law enforcement officers and 
        firefighters,
            (2) a list of such public safety tasks for which adequate 
        tests do not exist,
            (3) a description of the technical characteristics that 
        performance tests must meet to be compatible with applicable 
        Federal civil rights Acts and policies,
            (4) a description of the alternative methods available for 
        determining minimally acceptable performance standards on the 
        tests described in paragraph (1),
            (5) a description of the administrative standards that 
        should be met in the administration, scoring, and score 
        interpretation of the tests described in paragraph (1), and
            (6) an examination of the extent to which the tests 
        described in paragraph (1) are cost effective, safe, and comply 
        with Federal civil rights Acts and regulations.
    (b) Advisory Guidelines.--Not later than 4 years after the date of 
enactment of this Act, the Chairman 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 their jobs.
    (c) Consultation Requirement; Opportunity for Public Comment.--(1) 
The Chairman shall, during the conduct of the study required by 
subsection (a), consult with--
            (A) the United States Fire Administration,
            (B) the Federal Emergency Management Agency,
            (C) organizations that represent law enforcement officers, 
        firefighters, and their employers, and
            (D) organizations that represent older individuals.
    (2) Before issuing the advisory guidelines required in subsection 
(b), the Chairman shall allow for public comment on the proposed 
guidelines.
    (d) Development of Standards for Wellness Programs.--Not later than 
2 years after the date of the enactment of this Act, the Chairman shall 
propose advisory standards for wellness programs for law enforcement 
officers and firefighters.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

            Passed the House of Representatives November 8, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```