Page:United States Statutes at Large Volume 110 Part 4.djvu/187

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -24 "(A) the age of hiring or retirement, respectively, in effect under appHcable 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 Employ- ment 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 29 USC 623 note, 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. 29 USC 623 note. (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—