S.553 - Age Discrimination in Employment Amendments of 1995104th Congress (1995-1996)
|Sponsor:||Sen. Moseley-Braun, Carol [D-IL] (Introduced 03/14/1995)|
|Committees:||Senate - Labor and Human Resources|
|Latest Action:||Senate - 03/08/1996 Committee on Labor and Human Resources. Hearings held. (All Actions)|
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Text: S.553 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in Senate (03/14/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing 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Repeal of Repealer.--Section 3(b) of the Age Discrimination in Employment Amendments of 1986 (29 U.S.C. 623 note) is repealed.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>