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 Dis-
crimination in Employment Amendments of 1986 to pre-
vent 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 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
striking ‘‘attained the age’’ and all that follows through
‘‘1983, and’’, and inserting the following:
‘‘attained—
‘‘(A) the age of hiring or retirement in ef-
fect 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repealed.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 Em-
ployment Opportunity Commission (in this section re-
ferred 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 stand-
ards that should be met in the administration, scor-
ing, 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 re-
quired by subsection (a), advisory guidelines for the ad-
ministration 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), con-
sult with—
(A) the United States Fire Administration,
(B) 
the 
Federal 
Emergency 
Management
Agency,
(C) organizations that represent law enforce-
ment 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 com-
ment 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 advi-
sory 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.