Union Calendar No. 167

103D CONGRESS

1ST SESSION H. R. 2722

[Report No. 103–314]

A BILL

To amend the Age Discrimination in Employment

ment officers.to State and local firefighters and law enforcebona fide hiring and retirement plans applicableprevent the repeal of the exemption for certainnation in Employment Amendments of 1986 toelected judges; and to amend the Age Discrimifighters, law enforcement officers, and incumbentAct of 1967 with respect to State and local fireNOVEMBER 1, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 167

103D CONGRESS

1ST SESSION H. R. 2722

[Report No. 103–314]

To amend the Age Discrimination in Employment Act of 1967 with respect

to State and local firefighters, law enforcement officers, and incumbent

elected judges; 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.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1993

Mr. OWENS (for himself and Mr. MURPHY) introduced the following bill;

which was referred to the Committee on Education and Labor

NOVEMBER 1, 1993

Additional sponsors: Mr. REYNOLDS, Mr. KILDEE, Mr. MCDERMOTT, Mr.

GILLMOR, Mr. ENGEL, Mr. CUNNINGHAM, Mr. PALLONE, Mr.

TORKILDSEN, Mrs. ROUKEMA, Ms. SLAUGHTER, Mr. FRANK of Massachusetts, Mr. HOEKSTRA, Mr. ANDREWS of New Jersey, and Mr.

RAMSTAD

NOVEMBER 1, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 23, 1993]
2

•HR 2722 RH

A BILL

To amend the Age Discrimination in Employment Act of

1967 with respect to State and local firefighters, law

enforcement officers, and incumbent elected judges; 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Age Discrimination in

5 Employment Amendments of 1993’’.

6 SEC. 2. AMENDMENTS.

7 Section 4(j)(1) of the Age Discrimination in Employ8 ment Act of 1967 (29 U.S.C. 623(j)(1)) is amended by strik9 ing ‘‘attained the age’’ and all that follows through ‘‘1983,

10 and’’, and inserting the following:

11 ‘‘attained—

12 ‘‘(A) the age of hiring or retirement in effect

13 under applicable State or local law on March 3,

14 1983; or

15 ‘‘(B) if the age of retirement was not in ef16 fect under applicable State or local law on

17 March 3, 1983, 55 years of age; and’’.
3

•HR 2722 RH

1 SEC. 3. REPEALER.

2 Section 3(b) of the Age Discrimination in Employ3 ment Amendments of 1986 (29 U.S.C. 623 note) is repealed.

4 SEC. 4. STUDY AND GUIDELINES FOR PERFORMANCE

5 TESTS.

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

7 enactment of this Act, the Chairman of the Equal Employ8 ment Opportunity Commission (in this section referred to

9 as ‘‘the Chairman’’) shall conduct, directly or by contract,

10 a study that will include—

11 (1) a list and description of all tests available

12 for the assessment of abilities important for comple13 tion of public safety tasks performed by law enforce14 ment officers and firefighters,

15 (2) a list of such public safety tasks for which

16 adequate tests do not exist,

17 (3) a description of the technical characteristics

18 that performance tests must meet to be compatible

19 with applicable Federal civil rights Acts and policies,

20 (4) a description of the alternative methods

21 available for determining minimally acceptable per22 formance standards on the tests described in para23 graph (1),

24 (5) a description of the administrative standards

25 that should be met in the administration, scoring,
4

•HR 2722 RH

1 and score interpretation of the tests described in

2 paragraph (1), and

3 (6) an examination of the extent to which the

4 tests described in paragraph (1) are cost effective,

5 safe, and comply with Federal civil rights Acts and

6 regulations.

7 (b) ADVISORY GUIDELINES.—Not later than 4 years

8 after the date of enactment of this Act, the Chairman shall

9 develop and issue, based on the results of the study required

10 by subsection (a), advisory guidelines for the administra11 tion and use of physical and mental fitness tests to measure

12 the ability and competency of law enforcement officers and

13 firefighters to perform the requirements of their jobs.

14 (c) CONSULTATION REQUIREMENT; OPPORTUNITY FOR

15 PUBLIC COMMENT.—(1) The Chairman shall, during the

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

17 with—

18 (A) the United States Fire Administration,

19 (B) the Federal Emergency Management Agency,

20 (C) organizations that represent law enforcement

21 officers, firefighters, and their employers, and

22 (D) organizations that represent older individ23 uals.
5

•HR 2722 RH

1 (2) Before issuing the advisory guidelines required in

2 subsection (b), the Chairman shall allow for public comment

3 on the proposed guidelines.

4 (d) DEVELOPMENT OF STANDARDS FOR WELLNESS

5 PROGRAMS.—Not later than 2 years after the date of the

6 enactment of this Act, the Chairman shall propose advisory

7 standards for wellness programs for law enforcement officers

8 and firefighters.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $5,000,000.

Amend the title so as to read: ‘‘A bill 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.’’.