Notes on 29 U.S.C. § 623 : US Code - Notes

Search Notes on 29 U.S.C. § 623 : US Code - Notes

(Pub. L. 90-202, Sec. 4, Dec. 15, 1967, 81 Stat. 603; Pub. L. 95-
256, Sec. 2(a), Apr. 6, 1978, 92 Stat. 189; Pub. L. 97-248, title
I, Sec. 116(a), Sept. 3, 1982, 96 Stat. 353; Pub. L. 98-369, div.
B, title III, Sec. 2301(b), July 18, 1984, 98 Stat. 1063; Pub. L.
98-459, title VIII, Sec. 802(b), Oct. 9, 1984, 98 Stat. 1792; Pub.
L. 99-272, title IX, Sec. 9201(b)(1), (3), Apr. 7, 1986, 100 Stat.
171; Pub. L. 99-509, title IX, Sec. 9201, Oct. 21, 1986, 100 Stat.
1973; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 99-592, Secs. 2(a), (b), 3(a), Oct. 31, 1986, 100 Stat. 3342;
Pub. L. 101-239, title VI, Sec. 6202(b)(3)(C)(i), Dec. 19, 1989,
103 Stat. 2233; Pub. L. 101-433, title I, Sec. 103, Oct. 16, 1990,
104 Stat. 978; Pub. L. 101-521, Nov. 5, 1990, 104 Stat. 2287; Pub.
L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec. 119[1(b)]],
Sept. 30, 1996, 110 Stat. 3009, 3009-23; Pub. L. 105-244, title IX,
Sec. 941(a), (b), Oct. 7, 1998, 112 Stat. 1834, 1835.)
REFERENCES IN TEXT
Subparagraphs (C) and (D) of section 411(b)(2) of title 26,
referred to in subsec. (i)(7), were redesignated subpars. (B) and
(C) of section 411(b)(2) of Title 26, Internal Revenue Code, by
Pub. L. 101-239, title VII, Sec. 7871(a)(1), Dec. 19, 1989, 103
Stat. 2435.
Section 3(d)(2) of the Age Discrimination in Employment
Amendments of 1996, referred to in subsec. (j)(1), probably means
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
119[2(d)(2)]], Sept. 30, 1996, 110 Stat. 3009, 3009-23, 3009-25,
which is set out as a note under this section.
The Social Security Act, referred to in subsec. (l)(1)(B)(ii),
(2)(D)(i), (ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Titles II and XVIII of the Act are classified generally to
subchapters II (Sec. 401 et seq.) and XVIII (Sec. 1395 et seq.),
respectively, of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
AMENDMENTS
1998 - Subsec. (i)(6). Pub. L. 105-244, Sec. 941(b), inserted "or
it is a plan permitted by subsection (m) of this section." after
"accruals".
Subsec. (m). Pub. L. 105-244, Sec. 941(a), added subsec. (m).
1996 - Subsec. (j). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
119[1(b)(1)]], reenacted subsec. (j) of this section, as in effect
immediately before Dec. 31, 1993.
Subsec. (j)(1). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
119[1(b)(2)]], substituted ", 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 September 30, 1996;
or
"(ii) if applicable State or local law was enacted after
September 30, 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" for "and the individual has attained the
age of hiring or retirement in effect under applicable State or
local law on March 3, 1983, and".
1990 - Subsec. (f)(2). Pub. L. 101-433, Sec. 103(1), added par.
(2) and struck out former par. (2) which read as follows: "to
observe the terms of a bona fide seniority system or any bona fide
employee benefit plan such as a retirement, pension, or insurance
plan, which is not a subterfuge to evade the purposes of this
chapter, except that no such employee benefit plan shall excuse the
failure to hire any individual, and no such seniority system or
employee benefit plan shall require or permit the involuntary
retirement of any individual specified by section 631(a) of this
title because of the age of such individual; or".
Subsecs. (i), (j). Pub. L. 101-433, Sec. 103(2), redesignated
subsec. (i), relating to employment as firefighter or law
enforcement officer, as (j).
Subsec. (k). Pub. L. 101-433, Sec. 103(3), added subsec. (k).
Subsec. (l). Pub. L. 101-521 added cl. (iii) in par. (2)(A), and
in par. (2)(D) inserted "and solely in order to make the deduction
authorized under this paragraph" after "For purposes of this
paragraph" and added cl. (iii).
Pub. L. 101-433, Sec. 103(3), added subsec. (l).
1989 - Subsec. (g). Pub. L. 101-239 struck out subsec. (g) which
read as follows:
"(1) For purposes of this section, any employer must provide that
any employee aged 65 or older, and any employee's spouse aged 65 or
older, shall be entitled to coverage under any group health plan
offered to such employees under the same conditions as any
employee, and the spouse of such employee, under age 65.
"(2) For purposes of paragraph (1), the term 'group health plan'
has the meaning given to such term in section 162(i)(2) of title
26."
1986 - Subsec. (g)(1). Pub. L. 99-272, Sec. 9201(b)(1), and Pub.
L. 99-592, Sec. 2(a), made identical amendments, substituting "or
older" for "through 69" in two places.
Subsec. (g)(2). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954", which for purposes of
codification was translated as "title 26" thus requiring no change
in text.
Subsec. (h). Pub. L. 99-272, Sec. 9201(b)(3), and Pub. L. 99-592,
Sec. 2(b), made identical amendments, redesignating subsec. (g),
relating to practices of foreign corporations controlled by
American employers, as (h).
Subsec. (i). Pub. L. 99-592, Sec. 3, temporarily added subsec.
(i) which read as follows: "It shall not be unlawful for an
employer which is a State, a political subdivision of a State, an
agency or instrumentality of a State or a political subdivision of
a State, or an interstate agency to fail or refuse to hire or to
discharge any individual because of such individual's age if such
action is taken -
"(1) with respect to the employment of an individual as a
firefighter or as a law enforcement officer and the individual
has attained the age of hiring or retirement in effect under
applicable State or local law on March 3, 1983, and
"(2) pursuant to a bona fide hiring or retirement plan that is
not a subterfuge to evade the purposes of this chapter."
See Effective and Termination Dates of 1986 Amendments note below.
Pub. L. 99-509 added subsec. (i) relating to employee pension
benefit plans.
1984 - Subsec. (f)(1). Pub. L. 98-459, Sec. 802(b)(1), inserted
", or where such practices involve an employee in a workplace in a
foreign country, and compliance with such subsections would cause
such employer, or a corporation controlled by such employer, to
violate the laws of the country in which such workplace is
located".
Subsec. (g). Pub. L. 98-459, Sec. 802(b)(2), added subsec. (g)
relating to practices of foreign corporations controlled by
American employers.
Subsec. (g)(1). Pub. L. 98-369 inserted ", and any employee's
spouse aged 65 through 69," after "aged 65 through 69" and ", and
the spouse of such employee," after "as any employee", in subsec.
(g) relating to entitlement to coverage under group health plan.
1982 - Subsec. (g). Pub. L. 97-248 added subsec. (g) relating to
entitlement to coverage under group health plans.
1978 - Subsec. (f)(2). Pub. L. 95-256 provided that no seniority
system or employee benefit plan require or permit the involuntary
retirement of any individual specified by section 631(a) of this
title because of the age of the individual.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-244, title IX, Sec. 941(d), Oct. 7, 1998, 112 Stat.
1835, provided that:
"(1) In general. - This section [amending this section and
enacting provisions set out as a note below] shall take effect on
the date of enactment of this Act [Oct. 7, 1998].
"(2) Effect on causes of action existing before date of
enactment. - The amendment made by subsection (a) [amending this
section] shall not apply with respect to any cause of action
arising under the Age Discrimination in Employment Act of 1967 [29
U.S.C. 621 et seq.] prior to the date of enactment of this Act."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title I, Sec. 119[3]] of Pub. L. 104-208 provided
that:
"(a) General Effective Date. - Except as provided in subsection
(b), this title [probably means section 101(a) [title I, Sec. 119]
of Pub. L. 104-208, amending this section and enacting and
repealing provisions set out as notes under this section] and the
amendments made by this title shall take effect on the date of
enactment of this Act [Sept. 30, 1996].
"(b) Special Effective Date. - The repeal made by section 2(a)
and the reenactment made by section 2(b)(1) [probably means section
101(a) [title I, Sec. 119[1(a), (b)(1)]] of Pub. L. 104-208,
amending this section and repealing provisions set out as a note
under this section] shall take effect on December 31, 1993."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 105 of title I of Pub. L. 101-433, as amended by Pub. L.
102-236, Sec. 9, Dec. 12, 1991, 105 Stat. 1816, provided that:
"(a) In General. - Except as otherwise provided in this section,
this title [amending this section and section 630 of this title and
enacting provisions set out as notes under this section and section
621 of this title] and the amendments made by this title shall
apply only to -
"(1) any employee benefit established or modified on or after
the date of enactment of this Act [Oct. 16, 1990]; and
"(2) other conduct occurring more than 180 days after the date
of enactment of this Act.
"(b) Collectively Bargained Agreements. - With respect to any
employee benefits provided in accordance with a collective
bargaining agreement -
"(1) that is in effect as of the date of enactment of this Act
[Oct. 16, 1990]; or that is a result of pattern collective
bargaining in an industry where the agreement setting the pattern
was ratified after September 20, 1990, but prior to the date of
enactment, and the final agreement in the industry adhering to
the pattern was ratified after the date of enactment, but not
later than November 20, 1990;
"(2) that terminates after such date of enactment;
"(3) any provision of which was entered into by a labor
organization (as defined by section 6(d)(4) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(4))); and
"(4) that contains any provision that would be superseded (in
whole or part) by this title [amending this section and section
630 of this title and enacting provisions set out as notes under
this section and section 621 of this title] and the amendments
made by this title, but for the operation of this section,
this title and the amendments made by this title shall not apply
until the termination of such collective bargaining agreement or
June 1, 1992, whichever occurs first.
"(c) States and Political Subdivisions. -
"(1) In general. - With respect to any employee benefits
provided by an employer -
"(A) that is a State or political subdivision of a State or
any agency or instrumentality of a State or political
subdivision of a State; and
"(B) that maintained an employee benefit plan at any time
between June 23, 1989, and the date of enactment of this Act
[Oct. 16, 1990] that would be superseded (in whole or part) by
this title [amending this section and section 630 of this title
and enacting provisions set out as notes under this section and
section 621 of this title] and the amendments made by this
title but for the operation of this subsection, and which plan
may be modified only through a change in applicable State or
local law,
this title and the amendments made by this title shall not apply
until the date that is 2 years after the date of enactment of
this Act.
"(2) Election of disability coverage for employees hired prior
to effective date. -
"(A) In general. - An employer that maintains a plan
described in paragraph (1)(B) may, with regard to disability
benefits provided pursuant to such a plan -
"(i) following reasonable notice to all employees,
implement new disability benefits that satisfy the
requirements of the Age Discrimination in Employment Act of
1967 [29 U.S.C. 621 et seq.] (as amended by this title); and
"(ii) then offer to each employee covered by a plan
described in paragraph (1)(B) the option to elect such new
disability benefits in lieu of the existing disability
benefits, if -
"(I) the offer is made and reasonable notice provided no later
than the date that is 2 years after the date of enactment of
this Act [Oct. 16, 1990]; and
"(II) the employee is given up to 180 days after the offer in
which to make the election.
"(B) Previous disability benefits. - If the employee does not
elect to be covered by the new disability benefits, the
employer may continue to cover the employee under the previous
disability benefits even though such previous benefits do not
otherwise satisfy the requirements of the Age Discrimination in
Employment Act of 1967 (as amended by this title).
"(C) Abrogation of right to receive benefits. - An election
of coverage under the new disability benefits shall abrogate
any right the electing employee may have had to receive
existing disability benefits. The employee shall maintain any
years of service accumulated for purposes of determining
eligibility for the new benefits.
"(3) State assistance. - The Equal Employment Opportunity
Commission, the Secretary of Labor, and the Secretary of the
Treasury shall, on request, provide to States assistance in
identifying and securing independent technical advice to assist
in complying with this subsection.
"(4) Definitions. - For purposes of this subsection:
"(A) Employer and state. - The terms 'employer' and 'State'
shall have the respective meanings provided such terms under
subsections (b) and (i) of section 11 of the Age Discrimination
in Employment Act of 1967 (29 U.S.C. 630).
"(B) Disability benefits. - The term 'disability benefits'
means any program for employees of a State or political
subdivision of a State that provides long-term disability
benefits, whether on an insured basis in a separate employee
benefit plan or as part of an employee pension benefit plan.
"(C) Reasonable notice. - The term 'reasonable notice' means,
with respect to notice of new disability benefits described in
paragraph (2)(A) that is given to each employee, notice that -
"(i) is sufficiently accurate and comprehensive to appraise
the employee of the terms and conditions of the disability
benefits, including whether the employee is immediately
eligible for such benefits; and
"(ii) is written in a manner calculated to be understood by
the average employee eligible to participate.
"(d) Discrimination in Employee Pension Benefit Plans. - Nothing
in this title [amending this section and section 630 of this title
and enacting provisions set out as notes under this section and
section 621 of this title], or the amendments made by this title,
shall be construed as limiting the prohibitions against
discrimination that are set forth in section 4(j) of the Age
Discrimination in Employment Act of 1967 [29 U.S.C. 623(j)] (as
redesignated by section 103(2) of this Act).
"(e) Continued Benefit Payments. - Notwithstanding any other
provision of this section, on and after the effective date of this
title and the amendments made by this title (as determined in
accordance with subsections (a), (b), and (c)), this title and the
amendments made by this title shall not apply to a series of
benefit payments made to an individual or the individual's
representative that began prior to the effective date and that
continue after the effective date pursuant to an arrangement that
was in effect on the effective date, except that no substantial
modification to such arrangement may be made after the date of
enactment of this Act [Oct. 16, 1990] if the intent of the
modification is to evade the purposes of this Act."
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 applicable to items and services
furnished after Dec. 19, 1989, see section 6202(b)(5) of Pub. L.
101-239, set out as a note under section 162 of Title 26, Internal
Revenue Code.
EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENTS
Section 7 of Pub. L. 99-592 provided that:
"(a) In General. - Except as provided in subsection (b), this Act
and the amendments made by this Act [amending this section and
sections 630 and 631 of this title and enacting provisions set out
as notes under this section and sections 621, 622, 624, and 631 of
this title] shall take effect on January 1, 1987, except that with
respect to any employee who is subject to a collective-bargaining
agreement -
"(1) which is in effect on June 30, 1986,
"(2) which terminates after January 1, 1987,
"(3) any provision of which was entered into by a labor
organization (as defined by section 6(d)(4) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
"(4) which contains any provision that would be superseded by
such amendments, but for the operation of this section,
such amendments shall not apply until the termination of such
collective bargaining agreement or January 1, 1990, whichever
occurs first.
"(b) Effect on Existing Causes of Action. - The amendments made
by sections 3 and 4 of this Act [amending this section and section
630 of this title and enacting provisions set out as a note below]
shall not apply with respect to any cause of action arising under
the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et
seq.] as in effect before January 1, 1987."
Section 3(b) of Pub. L. 99-592 which provided that the amendment
made by section 3(a) of Pub. L. 99-592, which amended this section,
was repealed Dec. 31, 1993, was itself repealed, effective Dec. 31,
1993, by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I,
Sec. 119[1(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009-23.
Section 9204 of subtitle C (Secs. 9201-9204) of title IX of Pub.
L. 99-509 provided that:
"(a) Applicability to Employees with Service after 1988. -
"(1) In general. - The amendments made by sections 9201 and
9202 [amending this section, section 1054 of this title, and
section 411 of Title 26, Internal Revenue Code] shall apply only
with respect to plan years beginning on or after January 1, 1988,
and only to employees who have 1 hour of service in any plan year
to which such amendments apply.
"(2) Special rule for collectively bargained plans. - In the
case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before March 1, 1986, paragraph (1) shall
be applied to benefits pursuant to, and individuals covered by,
any such agreement by substituting for 'January 1, 1988' the date
of the commencement of the first plan year beginning on or after
the earlier of -
"(A) the later of -
"(i) January 1, 1988, or
"(ii) the date on which the last of such collective
bargaining agreements terminate (determined without regard to
any extension thereof after February 28, 1986), or
"(B) January 1, 1990.
"(b) Applicability of Amendments Relating to Normal Retirement
Age. - The amendments made by section 9203 [amending sections 1002
and 1052 of this title and sections 410 and 411 of Title 26] shall
apply only with respect to plan years beginning on or after January
1, 1988, and only with respect to service performed on or after
such date.
"(c) Plan Amendments. - If any amendment made by this subtitle
[amending this section, sections 1002, 1052, and 1054 of this
title, and sections 410 and 411 of Title 26] requires an amendment
to any plan, such plan amendment shall not be required to be made
before the first plan year beginning on or after January 1, 1989,
if -
"(1) during the period after such amendment takes effect and
before such first plan year, the plan is operated in accordance
with the requirements of such amendment, and
"(2) such plan amendment applies retroactively to the period
after such amendment takes effect and such first plan year.
A pension plan shall not be treated as failing to provide
definitely determinable benefits or contributions, or to be
operated in accordance with the provisions of the plan, merely
because it operates in accordance with this subsection.
"(d) Interagency Coordination. - The regulations and rulings
issued by the Secretary of Labor, the regulations and rulings
issued by the Secretary of the Treasury, and the regulations and
rulings issued by the Equal Employment Opportunity Commission
pursuant to the amendments made by this subtitle shall each be
consistent with the others. The Secretary of Labor, the Secretary
of the Treasury, and the Equal Employment Opportunity Commission
shall each consult with the others to the extent necessary to meet
the requirements of the preceding sentence.
"(e) Final Regulations. - The Secretary of Labor, the Secretary
of the Treasury, and the Equal Employment Opportunity Commission
shall each issue before February 1, 1988, such final regulations as
may be necessary to carry out the amendments made by this
subtitle."
Amendment by Pub. L. 99-272 effective May 1, 1986, see section
9201(d)(2) of Pub. L. 99-272, set out as an Effective Date of 1986
Amendment note under section 1395p of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1984 AMENDMENTS
Section 2301(c)(2) of Pub. L. 98-369 provided that: "The
amendment made by subsection (b) [amending this section] shall
become effective on January 1, 1985."
Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section
803(a) of Pub. L. 98-459, set out as a note under section 3001 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 116(c) of Pub. L. 97-248 provided that: "The amendment
made by subsection (a) [amending this section] shall become
effective on January 1, 1983, and the amendment made by subsection
(b) [enacting section 1395y(b)(3) of Title 42, The Public Health
and Welfare] shall apply with respect to items and services
furnished on or after such date."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 2(b) of Pub. L. 95-256 provided that: "The amendment made
by subsection (a) of this section [amending this section] shall
take effect on the date of enactment of this Act [Apr. 6, 1978],
except that, in the case of employees covered by a collective
bargaining agreement which is in effect on September 1, 1977, which
was entered into by a labor organization (as defined by section
6(d)(4) of the Fair Labor Standards Act of 1938 [section 206(d)(4)
of this title]), and which would otherwise be prohibited by the
amendment made by section 3(a) of this Act [amending section 631 of
this title], the amendment made by subsection (a) of this section
[amending this section] shall take effect upon the termination of
such agreement or on January 1, 1980, whichever occurs first."
REGULATIONS
Section 104 of title I of Pub. L. 101-433 provided that:
"Notwithstanding section 9 of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 628), the Equal Employment Opportunity
Commission may issue such rules and regulations as the Commission
may consider necessary or appropriate for carrying out this title
[amending this section and section 630 of this title and enacting
provisions set out as notes under this section and section 621 of
this title], and the amendments made by this title, only after
consultation with the Secretary of the Treasury and the Secretary
of Labor."
CONSTRUCTION OF 1998 AMENDMENT
Pub. L. 105-244, title IX, Sec. 941(c), Oct. 7, 1998, 112 Stat.
1835, provided that: "Nothing in the amendment made by subsection
(a) [amending this section] shall affect the application of section
4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C.
623) with respect to -
"(1) any plan described in subsection (m) of section 4 of such
Act (as added by subsection (a)), for any period prior to
enactment of such Act [Dec. 15, 1967];
"(2) any plan not described in subsection (m) of section 4 of
such Act (as added by subsection (a)); or
"(3) any employer other than an institution of higher education
(as defined in section 101 of the Higher Education Act of 1965
[20 U.S.C. 1001])."
CONSTRUCTION OF 1996 AMENDMENT
Section 101(a) [title I, Sec. 119[1(c)]] of Pub. L. 104-208
provided that: "Nothing in the repeal, reenactment, and amendment
made by subsections (a) and (b) [section 101(a) [title I, Sec.
119[1(a), (b)]] of Pub. L. 104-208, amending this section and
repealing provisions set out as a note under this section] 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 [Sept. 30, 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."
TRANSFER OF FUNCTIONS
Functions vested by this section in Secretary of Labor or Civil
Service Commission transferred to Equal Employment Opportunity
Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92
Stat. 3781, set out in the Appendix to Title 5, Government
Organization and Employees, effective Jan. 1, 1979, as provided by
section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.
STUDY AND GUIDELINES FOR PERFORMANCE TESTS
Section 101(a) [title I, Sec. 119[2]] of Pub. L. 104-208 provided
that:
"(a) Study. - Not later than 3 years after the date of enactment
of this Act [Sept. 30, 1996], 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
[probably means section 101(a) [title I, Sec. 119[2]] of Pub. L.
104-208] 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 proposed advisory
guidelines.
"(c) Advisory Guidelines. - Not later than 4 years after the date
of enactment of this Act [Sept. 30, 1996], 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 [29 U.S.C. 623(j)] 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 [Sept. 30,
1996], 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."
(!1) So in original.
(!2) See References in Text note below.