IIA

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.

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

5 in Employment Amendments of 1993’’.
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1 SEC. 2. AMENDMENTS.

2 Section 4(j)(1) of the Age Discrimination in Employ3 ment Act of 1967 (29 U.S.C. 623(j)(1)) is amended by

4 striking ‘‘attained the age’’ and all that follows through

5 ‘‘1983, and’’, and inserting the following:

6 ‘‘attained—

7 ‘‘(A) the age of hiring or retirement in ef8 fect under applicable State or local law on

9 March 3, 1983; or

10 ‘‘(B) if the age of retirement was not in ef11 fect under applicable State or local law on

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

13 SEC. 3. REPEALER.

14 Section 3(b) of the Age Discrimination in Employ15 ment Amendments of 1986 (29 U.S.C. 623 note) is

16 repealed.

17 SEC. 4. STUDY AND GUIDELINES FOR PERFORMANCE

18 TESTS.

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

20 of enactment of this Act, the Chairman of the Equal Em21 ployment Opportunity Commission (in this section re22 ferred to as ‘‘the Chairman’’) shall conduct, directly or

23 by contract, a study that will include—

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

25 for the assessment of abilities important for comple-
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1 tion of public safety tasks performed by law enforce2 ment officers and firefighters,

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

4 adequate tests do not exist,

5 (3) a description of the technical characteristics

6 that performance tests must meet to be compatible

7 with applicable Federal civil rights Acts and policies,

8 (4) a description of the alternative methods

9 available for determining minimally acceptable per10 formance standards on the tests described in para11 graph (1),

12 (5) a description of the administrative stand13 ards that should be met in the administration, scor14 ing, and score interpretation of the tests described

15 in paragraph (1), and

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

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

18 safe, and comply with Federal civil rights Acts and

19 regulations.

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

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

22 develop and issue, based on the results of the study re23 quired by subsection (a), advisory guidelines for the ad24 ministration and use of physical and mental fitness tests

25 to measure the ability and competency of law enforcement
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1 officers and firefighters to perform the requirements of

2 their jobs.

3 (c) CONSULTATION REQUIREMENT; OPPORTUNITY

4 FOR PUBLIC COMMENT.—(1) The Chairman shall, during

5 the conduct of the study required by subsection (a), con6 sult with—

7 (A) the United States Fire Administration,

8 (B) the Federal Emergency Management

9 Agency,

10 (C) organizations that represent law enforce11 ment officers, firefighters, and their employers, and

12 (D) organizations that represent older individ13 uals.

14 (2) Before issuing the advisory guidelines required in

15 subsection (b), the Chairman shall allow for public com16 ment on the proposed guidelines.

17 (d) DEVELOPMENT OF STANDARDS FOR WELLNESS

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

19 enactment of this Act, the Chairman shall propose advi20 sory standards for wellness programs for law enforcement

21 officers and firefighters.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $5,000,000.

Passed the House of Representatives November 8,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.