110 STAT. 3009 -25 PUBLIC LAW 104-208—SEPT. 30, 1996 (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 guide-, lines 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, 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.— T here is authorized to be appropriated $5,000,000 to carry out this section. 29 USC 623 note. Subsection 3. Effective Dates. (a) GENERAL EFFECTIVE DATE.— Except as provided in subsection (b), this title and the amendments made by this title 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. SEC. 120. Section 320935(e) of the Violent Crime Control and Law Enforcement Act of 1994 is amended by inserting ", including all trials commenced on or after the effective date of such amendments" after "such amendments".
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