[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 553 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 553

To amend the Age Discrimination in Employment Act of 1967 to reinstate 
    an exemption for certain bona fide hiring and retirement plans 
    applicable to State and local firefighters and law enforcement 
                   officers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 14 (legislative day, March 6), 1995

 Ms. Moseley-Braun introduced the following bill; which was read twice 
       and referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Age Discrimination in Employment Act of 1967 to reinstate 
    an exemption for certain bona fide hiring and retirement plans 
    applicable to State and local firefighters and law enforcement 
                   officers, and for other purposes.

    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 1995''.

SEC. 2. AGE DISCRIMINATION AMENDMENT.

    (a) Repeal of Repealer.--Section 3(b) of the Age Discrimination in 
Employment Amendments of 1986 (29 U.S.C. 623 note) is repealed.
    (b) Exemption.--Section 4(j) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(j)), as in effect immediately 
before December 31, 1993--
            (1) is reenacted as such section; and
            (2) as so reenacted, is amended in paragraph (1) by 
        striking ``attained the age'' and all that follows through 
        ``1983, and'' and inserting the following: ``attained--
                    ``(A) the age of hiring or retirement, 
                respectively, in effect under applicable State or local 
                law on March 3, 1983; or
                    ``(B) if an age of retirement was not in effect 
                under applicable State or local law on March 3, 1983, 
                55 years of age; and''.

SEC. 3. 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 
(referred to in this section as ``the Chairman'') shall conduct, 
directly or by contract, a study, and shall submit to the appropriate 
committees of Congress a report based on the results of the study that 
shall include--
            (1) a list and description of all tests available for the 
        assessment of abilities important for the completion of public 
        safety tasks performed by law enforcement officers and 
        firefighters;
            (2) a list of the public safety tasks for which adequate 
        tests described in paragraph (1) do not exist;
            (3) a description of the technical characteristics that the 
        tests shall meet to be in compliance with applicable Federal 
        civil rights law and policies;
            (4) a description of the alternative methods that are 
        available for determining minimally acceptable performance 
        standards on the tests;
            (5) a description of the administrative standards that 
        should be met in the administration, scoring, and score 
        interpretation of the tests; and
            (6) an examination of the extent to which the tests are 
        cost effective, safe, and comply with the Federal civil rights 
        law 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 the jobs of 
the officers and firefighters.
    (c) Consultation Requirement; Opportunity for Public Comment.--
            (1) Consultation.--The Chairman shall, during the conduct 
        of the study required by subsection (a), consult with--
                    (A) the Deputy Administrator of the United States 
                Fire Administration;
                    (B) the Director of the Federal Emergency 
                Management Agency;
                    (C) organizations that represent law enforcement 
                officers, firefighters, and employers of the officers 
                and firefighters; and
                    (D) organizations that represent older individuals.
            (2) Public comment.--Prior to issuing the advisory 
        guidelines required in subsection (b), the Chairman shall 
        provide an opportunity for public comment on the proposed 
        advisory guidelines.
    (d) Development of Standards for Wellness Programs.--Not later than 
2 years after the date of 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 $5,000,000 to carry out this section.

SEC. 4. EFFECTIVE DATES.

    (a) General Effective Date.--Except as provided in subsection (b), 
this Act and the amendments made by this Act shall take effect on the 
date of enactment of this Act.
    (b) Special Effective Date.--The repeal made by section 2(a) and 
the reenactment made by section 2(b)(1) shall take effect on December 
31, 1993.
                                 <all>