[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Reported in House (RH)]

                                                 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 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.

_______________________________________________________________________

                            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





                                                 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]

_______________________________________________________________________

                                 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.

    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.
            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.''.