Page:United States Statutes at Large Volume 100 Part 4.djvu/997

 PUBLIC LAW 99-592—OCT. 31, 1986

100 STAT. 3343

SEC. 4. DEFINITIONS.

Section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630) is amended by adding at the end thereof the following new subsections: "(j) The term 'firefighter' means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position. "(k) The term 'law enforcement officer' means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of a State, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this subsection, 'detention' includes the duties of employees assigned to guard individuals incarcerated in any penal institution.". SEC. 5. STUDY AND PROPOSED GUIDELINES RELATING TO POLICE 29 USC 622 note. OFFICERS AND FIREFIGHTERS.

(a) STUDY.—Not later than 4 years after the date of enactment of this Act, the Secretary of Labor and the Equal Employment Opportunity Commission, jointly, shall— (1) conduct a study— (A) to determine whether physical and mental fitness tests are valid measurements of the ability and competency of police officers and firefighters to perform the requirements of their jobs, (B) if such tests are found to be valid measurements of such ability and competency, to determine which particular types of tests most effectively mesisure such ability and competency, and (C) to develop recommendations with respect to specific standards that such tests, and the administration of such tests should satisfy, and (2) submit a report to the Speaker of the House of Repre- Reports, sentatives and the President pro tempore of the Senate that includes— (A) a description of the results of such study, and (B) a statement of the recommendations developed under paragraph (1)(C). (b) CONSULTATION REQUIREMENT.—The Secretary of Labor and the Equal Employment Opportunity Commission shall, during the conduct of the study required under subsection (a) and prior to the ^ < development of recommendations under paragraph (1)(C), consult with the United States Fire Administration, the Federal Emergency Management Agency, organizations representing law enforcement officers, firefighters, and their employers, and organizations representing older Americans. (c) PROPOSED GUIDEUNES.—Not later than 5 years after the date of the enactment of this Act, the Equal Emplo5rment Opportunity Commission shall propose, in accordance with subchapter II of chapter 5 of title 5 of the United States Code, guidelines for the 5 USC 551. administration and use of physical and mental fitness tests to measure the ability and competency of police officers and firefighters to perform the requirements of their jobs.

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