[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 281

To promote labor force participation of older Americans, with the goals 
 of increasing retirement security, reducing the projected shortage of 
experienced workers, maintaining future economic growth, and improving 
                      the Nation's fiscal outlook.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2009

   Mr. Kohl introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To promote labor force participation of older Americans, with the goals 
 of increasing retirement security, reducing the projected shortage of 
experienced workers, maintaining future economic growth, and improving 
                      the Nation's fiscal outlook.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Health Care and 
Training for Older Workers Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--COBRA CONTINUATION COVERAGE

Sec. 101. Extended COBRA continuation coverage for certain older 
                            workers.
                   TITLE II--EMPLOYMENT AND TRAINING

Sec. 201. Definitions.
Sec. 202. Statewide employment and training activities.
Sec. 203. Local employment and training activities.
Sec. 204. Performance measures.
Sec. 205. Reporting.
Sec. 206. Incentive grants.
  TITLE III--CLEARINGHOUSE OF BEST PRACTICES FOR HIRING AND RETAINING 
                             OLDER WORKERS

Sec. 301. Establishment.
Sec. 302. Annual updates.

                  TITLE I--COBRA CONTINUATION COVERAGE

SEC. 101. EXTENDED COBRA CONTINUATION COVERAGE FOR CERTAIN OLDER 
              WORKERS.

    (a) Amendments to the Employee Retirement Income Security Act of 
1974.--Subparagraph (A) of section 602(2) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended by adding 
at the end the following:
                            ``(vi) Special rule for certain older 
                        workers.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this 
                                subparagraph, in the case of a 
                                qualifying event described in section 
                                603(2) relating to a reduction of hours 
                                of an employee described in subclause 
                                (II), the date which is 36 months after 
                                the date of the qualifying event, 
                                except that the period of coverage 
                                under this clause shall end on the date 
                                on which the employee becomes entitled 
                                to benefits under title XVIII of the 
                                Social Security Act based on age.
                                    ``(II) Employee described.--An 
                                employee is described in this subclause 
                                if such employee, on the date of the 
                                qualifying event, is at least the early 
                                retirement age (as defined in section 
                                216(l)(2) of the Social Security Act) 
                                but not yet entitled to benefits under 
                                title XVIII of the Social Security Act 
                                based on age.''.
    (b) Amendments to the Public Health Service Act.--Section 
2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) 
is amended by inserting after clause (iv) the following:
                            ``(v) Special rule for certain older 
                        workers.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this 
                                subparagraph, in the case of a 
                                qualifying event described in section 
                                2203(2) relating to a reduction of 
                                hours of an employee described in 
                                subclause (II), the date which is 36 
                                months after the date of the qualifying 
                                event, except that the period of 
                                coverage under this clause shall end on 
                                the date on which the employee becomes 
                                entitled to benefits under title XVIII 
                                of the Social Security Act based on 
                                age.
                                    ``(II) Employee described.--An 
                                employee is described in this subclause 
                                if such employee, on the date of the 
                                qualifying event, is at least the early 
                                retirement age (as defined in section 
                                216(l)(2) of the Social Security Act) 
                                but not yet entitled to benefits under 
                                title XVIII of the Social Security Act 
                                based on age.''.
    (c) Amendments to the Internal Revenue Code of 1986.--Section 
4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by 
inserting after subclause (V) the following:
                                    ``(VI) Special rule for certain 
                                older workers.--
                                            ``(aa) In general.--
                                        Notwithstanding any other 
                                        provision of this clause, in 
                                        the case of a qualifying event 
                                        described in paragraph (3)(B) 
                                        relating to a reduction of 
                                        hours of an employee described 
                                        in item (bb), the date which is 
                                        36 months after the date of the 
                                        qualifying event, except that 
                                        the period of coverage under 
                                        this clause shall end on the 
                                        date on which the employee 
                                        becomes entitled to benefits 
                                        under title XVIII of the Social 
                                        Security Act based on age.
                                            ``(bb) Employee 
                                        described.--An employee is 
                                        described in this subclause if 
                                        such employee, on the date of 
                                        the qualifying event, is at 
                                        least the early retirement age 
                                        (as defined in section 
                                        216(l)(2) of the Social 
                                        Security Act) but not yet 
                                        entitled to benefits under 
                                        title XVIII of the Social 
                                        Security Act based on age.''.

                   TITLE II--EMPLOYMENT AND TRAINING

SEC. 201. DEFINITIONS.

    Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 
2801) is amended--
            (1) by redesignating paragraphs (17) through (53) as 
        paragraphs (18) through (54), respectively; and
            (2) by inserting after paragraph (16) the following:
            ``(17) Hard-to-serve populations.--The term `hard-to-serve 
        populations' means populations of individuals who are hard to 
        serve, including displaced homemakers, low-income individuals, 
        Native Americans, individuals with disabilities, older 
        individuals, ex-offenders, homeless individuals, individuals 
        with limited English proficiency, individuals who do not meet 
        the definition of literacy in section 203, individuals facing 
        substantial cultural barriers, migrant and seasonal 
        farmworkers, individuals within 2 years of exhausting lifetime 
        eligibility under part A of title IV of the Social Security Act 
        (42 U.S.C. 601 et seq.), single parents (including single 
        pregnant women), and such other groups as the Governor 
        determines to be hard to serve.''.

SEC. 202. STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.

    Section 134(a)(3)(A) of the Workforce Investment Act of 1998 (29 
U.S.C. 2864(a)(3)(A)) is amended--
            (1) in clause (vi), by striking ``and'' at the end;
            (2) by redesignating clause (vii) as clause (viii); and
            (3) by inserting after clause (vi) the following:
                            ``(vii) developing strategies for 
                        effectively serving hard-to-serve populations 
                        and for coordinating programs and services 
                        among one-stop partners; and''.

SEC. 203. LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.

    (a) Intensive Services.--Section 134(d)(3) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2864(d)(3)) is amended by striking 
subparagraph (A) and inserting the following:
                    ``(A) In general.--
                            ``(i) Eligibility.--Except as provided in 
                        clause (iii), funds allocated to a local area 
                        for adults under paragraph (2)(A) or (3), as 
                        appropriate, of section 133(b), and funds 
                        allocated to the local area for dislocated 
                        workers under section 133(b)(2)(B), shall be 
                        used to provide intensive services to adults 
                        and dislocated workers, respectively--
                                    ``(I) who are unemployed and who, 
                                after an interview, evaluation, or 
                                assessment, have been determined by a 
                                one-stop operator or one-stop partner 
                                to be--
                                            ``(aa) unlikely or unable 
                                        to obtain employment, that 
                                        leads to self-sufficiency or 
                                        wages comparable to or higher 
                                        than previous employment, 
                                        through core services described 
                                        in paragraph (2); and
                                            ``(bb) in need of intensive 
                                        services to obtain employment 
                                        that leads to self-sufficiency 
                                        or wages comparable to or 
                                        higher than previous 
                                        employment; or
                                    ``(II) who are employed, but who, 
                                after an interview, evaluation, or 
                                assessment, are determined by a one-
                                stop operator or one-stop partner to be 
                                in need of intensive services to obtain 
                                or retain employment that leads to 
                                self-sufficiency.
                            ``(ii) Consideration.--For purposes of 
                        determining whether an adult or dislocated 
                        worker meets the requirements of clause 
                        (i)(I)(aa), a one-stop operator or one-stop 
                        partner shall consider whether the adult or 
                        dislocated worker is a member of a hard-to-
                        serve population.
                            ``(iii) Special rule.--A new interview, 
                        evaluation, or assessment of a participant is 
                        not required under clause (i) if the one-stop 
                        operator or one-stop partner determines that it 
                        is appropriate to use a recent assessment of 
                        the participant conducted pursuant to another 
                        education or training program.''.
    (b) Training Services.--Section 134(d)(4) of such Act (29 U.S.C. 
2864(d)(4)) is amended by striking subparagraph (A) and inserting the 
following:
                    ``(A) In general.--
                            ``(i) Eligibility.--Except as provided in 
                        clause (iii), funds allocated to a local area 
                        for adults under paragraph (2)(A) or (3), as 
                        appropriate, of section 133(b), and funds 
                        allocated to the local area for dislocated 
                        workers under section 133(b)(2)(B), shall be 
                        used to provide training services to adults and 
                        dislocated workers, respectively--
                                    ``(I) who, after an interview, 
                                evaluation, or assessment, and case 
                                management, have been determined by a 
                                one-stop operator or one-stop partner, 
                                as appropriate, to--
                                            ``(aa) be unlikely or 
                                        unable to obtain or retain 
                                        employment, that leads to self-
                                        sufficiency or wages comparable 
                                        to or higher than previous 
                                        employment, through the 
                                        intensive services described in 
                                        paragraph (3);
                                            ``(bb) be in need of 
                                        training services to obtain or 
                                        retain employment that leads to 
                                        self-sufficiency or wages 
                                        comparable to or higher than 
                                        previous employment; and
                                            ``(cc) have the skills and 
                                        qualifications to successfully 
                                        participate in the selected 
                                        program of training services;
                                    ``(II) who select programs of 
                                training services that are directly 
                                linked to the employment opportunities 
                                in the local area or region involved or 
                                in another area to which the adults or 
                                dislocated workers are willing to 
                                commute or relocate;
                                    ``(III) who meet the requirements 
                                of subparagraph (B); and
                                    ``(IV) who are determined to be 
                                eligible in accordance with the 
                                priority system in effect under 
                                subparagraph (E).
                            ``(ii) Consideration.--For purposes of 
                        determining whether an adult or dislocated 
                        worker meets the requirements of clause 
                        (i)(I)(aa), a one-stop operator or one-stop 
                        partner shall consider whether the adult or 
                        dislocated worker is a member of a hard-to-
                        serve population.
                            ``(iii) Special rule.--A new interview, 
                        evaluation, or assessment of a participant is 
                        not required under clause (i) if the one-stop 
                        operator or one-stop partner determines that it 
                        is appropriate to use a recent assessment of 
                        the participant conducted pursuant to another 
                        education or training program.''.
    (c) Local Employment and Training Activities.--Section 134(e)(1)(A) 
of such Act (29 U.S.C. 2864(e)(1)(A)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) customer support to enable members of hard-
                to-serve populations, including individuals with 
                disabilities, to navigate among multiple services and 
                activities for such populations.''.

SEC. 204. PERFORMANCE MEASURES.

    (a) State Performance Measures.--Section 136(b)(3)(A)(iv)(II) of 
the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(3)(A)(iv)(II)) 
is amended--
            (1) by striking ``taking into account'' and inserting ``and 
        shall ensure that the levels involved are adjusted, using 
        objective statistical methods, based on'';
            (2) by inserting ``(such as differences in unemployment 
        rates and job losses or gains in particular industries)'' after 
        ``economic conditions''; and
            (3) by inserting ``(such as indicators of poor work 
        history, lack of work experience, lack of educational or 
        occupational skills attainment, dislocation from high-wage and 
        benefit employment, low levels of literacy or English 
        proficiency, disability status, older individual status, 
        homelessness, ex-offender status, and welfare dependency)'' 
        after ``program''.
    (b) Local Performance Measures.--Section 136(c)(3) of such Act (29 
U.S.C. 2871(c)(3))--
            (1) by striking ``shall take into account'' and inserting 
        ``shall ensure that the levels involved are adjusted, using 
        objective statistical methods, based on'';
            (2) by inserting ``(characteristics such as unemployment 
        rates and job losses or gains in particular industries)'' after 
        ``economic''; and
            (3) by inserting ``(characteristics such as indicators of 
        poor work history, lack of work experience, lack of educational 
        and occupational skills attainment, dislocation from high-wage 
        and benefit employment, low levels of literacy or English 
        proficiency, disability status, older individual status, 
        homelessness, ex-offender status, and welfare dependency)'' 
        after ``demographic''.
    (c) Wage Records and Documented Data.--Section 136(f)(2) of such 
Act (29 U.S.C. 2871(f)(2)) is amended--
            (1) by striking ``(2)'' and all that follows through ``In'' 
        and inserting the following:
            ``(2) Wage records and documented data.--
                    ``(A) Wage records.--In''; and
            (2) by adding at the end the following:
                    ``(B) Documented data.--In measuring the progress 
                of the State with respect to older individuals on State 
                and local performance measures relating to earnings, a 
                State may use documented data other than quarterly wage 
                records to determine the work schedule of the older 
                individuals, and may impute full-time earnings to part-
                time workers who are older individuals.''.

SEC. 205. REPORTING.

    Section 136(d)(2) of the Workforce Investment Act of 1998 (29 
U.S.C. 2871(d)(2)) is amended--
            (1) in subparagraph (E), by striking ``(excluding 
        participants who received only self-service and informational 
        activities)''; and
            (2) in subparagraph (F)--
                    (A) by striking ``(F)'' and inserting ``(F)(i)'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
                            ``(ii) the number of participants in each 
                        of the groups described in clause (i) who have 
                        received services authorized under this title, 
                        in the form of core services described in 
                        section 134(d)(2), intensive services described 
                        in section 134(d)(3), training services 
                        described in section 134(d)(4), and followup 
                        services, respectively;''.

SEC. 206. INCENTIVE GRANTS.

    (a) Use of Funds for Statewide Employment and Training 
Activities.--Section 134(a)(2)(B) of the Workforce Investment Act of 
1998 (29 U.S.C. 2864(a)(2)(B)) is amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) in clause (vi), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(vii) providing incentive grants to local 
                        areas, in accordance with section 136(j).''.
    (b) Incentive Grants for Local Areas.--Section 136 of such Act (29 
U.S.C. 2871) is amended by adding at the end the following:
    ``(j) Incentive Grants for Local Areas.--
            ``(1) In general.--From funds reserved under sections 
        128(a) and 133(a)(1), the Governor involved shall award 
        incentive grants to local areas for performance described in 
        paragraph (2) in carrying out programs under chapters 4 and 5.
            ``(2) Basis.--The Governor shall award the grants on the 
        basis that the local areas--
                    ``(A) have exceeded the performance measures 
                established under subsection (c)(2) relating to 
                indicators described in subsection (b)(3)(A)(iii); or
                    ``(B) have--
                            ``(i) met the performance measures 
                        established under subsection (c)(2) relating to 
                        indicators described in subsection 
                        (b)(3)(A)(iii); and
                            ``(ii) demonstrated exemplary performance 
                        in the State in serving hard-to-serve 
                        populations.
            ``(3) Use of funds.--The funds awarded to a local area 
        under this subsection may be used to carry out activities 
        authorized for local areas and such innovative projects or 
        programs that increase coordination and enhance service to 
        program participants, particularly hard-to-serve populations, 
        as may be approved by the Governor.''.
    (c) Incentive Grants for States.--Section 503 of such Act (20 
U.S.C. 9273) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Timeline.--
                    ``(A) Prior to july 1, 2010.--Prior to July 1, 
                2010, the Secretary shall award a grant to each State 
                in accordance with the provisions of this section as 
                this section was in effect on July 1, 2003.
                    ``(B) Beginning july 1, 2010.--Beginning on July 1, 
                2010, the Secretary shall award incentive grants to 
                States for performance described in paragraph (2) in 
                carrying out innovative programs consistent with the 
                programs under chapters 4 and 5 of subtitle B of title 
                I, to implement or enhance innovative and coordinated 
                programs consistent with the statewide economic, 
                workforce, and educational interests of the State.
            ``(2) Basis.--The Secretary shall award the grants on the 
        basis that States--
                    ``(A) have exceeded the State adjusted levels of 
                performance for title I, the adjusted levels of 
                performance for title II, and the levels of performance 
                under the Carl D. Perkins Vocational and Technical 
                Education Act of 1998 (20 U.S.C. 2301 et seq.); or
                    ``(B) have--
                            ``(i) met the State adjusted levels of 
                        performance for title I, the adjusted levels of 
                        performance for title II, and the levels of 
                        performance under the Carl D. Perkins 
                        Vocational and Technical Education Act of 1998 
                        (20 U.S.C. 2301 et seq.); and
                            ``(ii) demonstrated exemplary performance 
                        in serving hard-to-serve populations.
            ``(3) Use of funds.--The funds awarded to a State under 
        this section may be used to carry out activities authorized for 
        States under chapters 4 and 5 of subtitle B of title I, title 
        II, and the Carl D. Perkins Vocational and Technical Education 
        Act of 1998 (20 U.S.C. 2301 et seq.), including demonstration 
        projects, and for such innovative projects or programs that 
        increase coordination and enhance service to program 
        participants, particularly hard-to-serve populations.''; and
            (2) in subsection (b)(2), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) the State meets the requirements of 
                subparagraph (A) or (B) of subsection (a)(2).''.

  TITLE III--CLEARINGHOUSE OF BEST PRACTICES FOR HIRING AND RETAINING 
                             OLDER WORKERS

SEC. 301. ESTABLISHMENT.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Labor shall--
            (1) identify best practices for hiring and retaining older 
        workers in the private and public sectors; and
            (2) make such information publicly available through the 
        Internet.

SEC. 302. ANNUAL UPDATES.

    The Secretary of Labor shall update the practices identified under 
section 301(1) and make such information publicly available as provided 
under section 301(2) on an annual basis.
                                 <all>