Union Calendar No. 167
103D CONGRESS
1ST SESSION
H. R. 2722
[Report No. 103–314]
A BILL
To amend the Age Discrimination in Employment
Act of 1967 with respect to State and local fire-
fighters, law enforcement officers, and incumbent
elected judges; and to amend the Age Discrimi-
nation 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 enforce-
ment officers.
NOVEMBER 1, 1993
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
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 Massa-
chusetts, 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]
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 Amend-
ments of 1986 to prevent the repeal of the exemption
for certain bona fide hiring and retirement plans applica-
ble to State and local firefighters and law enforcement
officers.
Be it enacted by the Senate and House of Representa-
tives 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 Employ-
ment Act of 1967 (29 U.S.C. 623(j)(1)) is amended by strik-
ing ‘‘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 ef-
fect 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 Employ-
ment 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 Employ-
ment 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 comple-
tion of public safety tasks performed by law enforce-
ment 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 per-
formance standards on the tests described in para-
graph (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 administra-
tion 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 individ-
uals.
(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.
Amend the title so as to read: ‘‘A bill to amend the
Age Discrimination in Employment Act of 1967 with re-
spect to State and local firefighters and law enforcement
officers; and to amend the Age Discrimination in Em-
ployment 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.’’.