S 281 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

January 16, 2009CommentsClose CommentsPermalink

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

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.CommentsClose CommentsPermalink

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

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--COBRA CONTINUATION COVERAGE

Sec. 101. Extended COBRA continuation coverage for certain older workers.CommentsClose CommentsPermalink

TITLE II--EMPLOYMENT AND TRAINING

Sec. 201. Definitions.CommentsClose CommentsPermalink





Sec. 202. Statewide employment and training activities.CommentsClose CommentsPermalink





Sec. 203. Local employment and training activities.CommentsClose CommentsPermalink





Sec. 204. Performance measures.CommentsClose CommentsPermalink





Sec. 205. Reporting.CommentsClose CommentsPermalink





Sec. 206. Incentive grants.CommentsClose CommentsPermalink

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

Sec. 301. Establishment.CommentsClose CommentsPermalink





Sec. 302. Annual updates.CommentsClose CommentsPermalink

TITLE I--COBRA CONTINUATION COVERAGECommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(vi) SPECIAL RULE FOR CERTAIN OLDER WORKERS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(v) SPECIAL RULE FOR CERTAIN OLDER WORKERS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(VI) SPECIAL RULE FOR CERTAIN OLDER WORKERS-CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink

TITLE II--EMPLOYMENT AND TRAININGCommentsClose CommentsPermalink

SEC. 201. DEFINITIONS.

Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (17) through (53) as paragraphs (18) through (54), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (16) the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in clause (vi), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating clause (vii) as clause (viii); andCommentsClose CommentsPermalink





(3) by inserting after clause (vi) the following:CommentsClose CommentsPermalink





‘(vii) developing strategies for effectively serving hard-to-serve populations and for coordinating programs and services among one-stop partners; and’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(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); andCommentsClose CommentsPermalink

‘(bb) in need of intensive services to obtain employment that leads to self-sufficiency or wages comparable to or higher than previous employment; orCommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(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);CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(cc) have the skills and qualifications to successfully participate in the selected program of training services;CommentsClose CommentsPermalink

‘(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;CommentsClose CommentsPermalink





‘(III) who meet the requirements of subparagraph (B); andCommentsClose CommentsPermalink





‘(IV) who are determined to be eligible in accordance with the priority system in effect under subparagraph (E).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Local Employment and Training Activities- Section 134(e)(1)(A) of such Act (29 U.S.C. 2864(e)(1)(A)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking ‘taking into account’ and inserting ‘and shall ensure that the levels involved are adjusted, using objective statistical methods, based on’;CommentsClose CommentsPermalink





(2) by inserting ‘(such as differences in unemployment rates and job losses or gains in particular industries)’ after ‘economic conditions’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(b) Local Performance Measures- Section 136(c)(3) of such Act (29 U.S.C. 2871(c)(3))--CommentsClose CommentsPermalink





(1) by striking ‘shall take into account’ and inserting ‘shall ensure that the levels involved are adjusted, using objective statistical methods, based on’;CommentsClose CommentsPermalink





(2) by inserting ‘(characteristics such as unemployment rates and job losses or gains in particular industries)’ after ‘economic’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(c) Wage Records and Documented Data- Section 136(f)(2) of such Act (29 U.S.C. 2871(f)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(2)’ and all that follows through ‘In’ and inserting the following:CommentsClose CommentsPermalink





‘(2) WAGE RECORDS AND DOCUMENTED DATA-CommentsClose CommentsPermalink





‘(A) WAGE RECORDS- In’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 205. REPORTING.

Section 136(d)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(d)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking ‘(excluding participants who received only self-service and informational activities)’; andCommentsClose CommentsPermalink





(2) in subparagraph (F)--CommentsClose CommentsPermalink





(A) by striking ‘(F)’ and inserting ‘(F)(i)’;CommentsClose CommentsPermalink





(B) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in clause (v), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in clause (vi), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(vii) providing incentive grants to local areas, in accordance with section 136(j).’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(j) Incentive Grants for Local Areas-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) BASIS- The Governor shall award the grants on the basis that the local areas--CommentsClose CommentsPermalink





‘(A) have exceeded the performance measures established under subsection (c)(2) relating to indicators described in subsection (b)(3)(A)(iii); orCommentsClose CommentsPermalink





‘(B) have--CommentsClose CommentsPermalink





‘(i) met the performance measures established under subsection (c)(2) relating to indicators described in subsection (b)(3)(A)(iii); andCommentsClose CommentsPermalink





‘(ii) demonstrated exemplary performance in the State in serving hard-to-serve populations.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Incentive Grants for States- Section 503 of such Act (20 U.S.C. 9273) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General-CommentsClose CommentsPermalink





‘(1) TIMELINE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) BASIS- The Secretary shall award the grants on the basis that States--CommentsClose CommentsPermalink





‘(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.); orCommentsClose CommentsPermalink





‘(B) have--CommentsClose CommentsPermalink





‘(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.); andCommentsClose CommentsPermalink





‘(ii) demonstrated exemplary performance in serving hard-to-serve populations.CommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(2) in subsection (b)(2), by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink





‘(C) the State meets the requirements of subparagraph (A) or (B) of subsection (a)(2).’.CommentsClose CommentsPermalink

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

SEC. 301. ESTABLISHMENT.

Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall--CommentsClose CommentsPermalink





(1) identify best practices for hiring and retaining older workers in the private and public sectors; andCommentsClose CommentsPermalink





(2) make such information publicly available through the Internet.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink