MAKING OMNIBUS CONSOLIDATED APPROPRIATIONS FOR FISCAL YEAR
1997
Subsection 1. 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repealed.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
`and the individual has attained the age' and all that follows
through `1983, and' and inserting the following: `, the employer
has complied with section 3(d)(2) of the Age Discrimination in
Employment Amendments of 1996 if the individual was discharged
after the date described in such section, and the individual has
attained--
`(A) the age of hiring or retirement, respectively, in effect
under applicable State or local law on March 3, 1983; or
`(B)(i) if the individual was not hired, the age of hiring in
effect on the date of such failure or refusal to hire under
applicable State or local law enacted after the date of enactment
of the Age Discrimination in Employment Amendments of 1996; or
`(ii) if applicable State or local law was enacted after the
date of enactment of the Age Discrimination in Employment
Amendments of 1996 and the individual was discharged, the higher
of--
`(I) the age of retirement in effect on the date of such
discharge under such law; and
`(II) age 55; and'.
(c) CONSTRUCTION- Nothing in the repeal, reenactment, and
amendment made by subsections (a) and (b) shall be construed to
make lawful the failure or refusal to hire, or the discharge of, an
individual pursuant to a law that--
(1) was enacted after March 3, 1983 and before the date of
enactment of the Age Discrimination in Employment Amendments of
1996; and
(2) lowered the age of hiring or retirement, respectively, for
firefighters or law enforcement officers that was in effect under
applicable State or local law on March 3, 1983.
Subsection 2. Study and Guidelines for Performance Tests
(a) STUDY- Not later than 3 years after the date of enactment
of this Act, the Secretary of Health and Human Services, acting
through the Director of the National Institute for Occupational
Safety and Health (referred to in this section as the `Secretary'),
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, are safe, and comply with the Federal civil rights
law and policies.
(b) CONSULTATION REQUIREMENT; OPPORTUNITY FOR PUBLIC
COMMENT-
(1) CONSULTATION- The Secretary 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 (c), the Secretary shall provide an
opportunity for public comment on the proposal advisory
guidelines.
(c) ADVISORY GUIDELINES- Not later than 4 years after the date
of enactment of this Act, the Secretary 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.
(d) JOB PERFORMANCE TESTS-
(1) IDENTIFICATION OF TESTS- After issuance of the advisory
guidelines described in subsection (c), the Secretary shall issue
regulations identifying valid, nondiscriminatory job performance
tests that shall be used by employers seeking the exemption
described in section 4(j) of the Age Discrimination in Employment
Act of 1967 with respect to firefighters or law enforcement
officers who have attained an age of retirement described in such
section 4(j).
(2) USE OF TESTS- Effective on the date of issuance of the
regulations described in paragraph (1), any employer seeking such
exemption with respect to a firefighter or law enforcement officer
who has attained such age shall provide to each firefighter or law
enforcement officer who has attained such age an annual opportunity
to demonstrate physical and mental fitness by passing a test
described in paragraph (1), in order to continue employment.
(e) DEVELOPMENT OF STANDARDS FOR WELLNESS PROGRAMS- Not later
than 2 years after the date of enactment of this Act, the Secretary
shall propose advisory standards for wellness programs for law
enforcement officers and firefighters.
(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated $5,000,000 to carry out this section.
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