[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9190 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9190
To establish in the Department of Labor an Older Workers' Bureau, to
establish a data hub and a technical assistance center at the
Department of Labor related to employment of older workers and the
effect of older employment on retirement security, to establish grant
programs related to the employment of older workers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Mr. Beyer (for himself, Ms. Bonamici, and Ms. Garcia of Texas)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To establish in the Department of Labor an Older Workers' Bureau, to
establish a data hub and a technical assistance center at the
Department of Labor related to employment of older workers and the
effect of older employment on retirement security, to establish grant
programs related to the employment of older workers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Workers' Bureau Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Of the 7,700,000 workers expected to be added to the
United States labor force, more than half--3,800,000--will be
older than 55, according to the Bureau of Labor Statistics.
(2) From 1995 to 2021, the share of older workers in the
labor force more than doubled, to nearly 24 percent from 12
percent, and is expected to continue to rise.
(3) About 40 percent of middle-class older workers will be
downwardly mobile into poverty or near poverty in the next 10
years when they reach their sixties, in part because of lack of
employment or low wages.
(4) Older workers who have less formal education, earn
lower wages, or who are Black or Hispanic tend to experience
much worse health than those who are more advantaged and need
more accommodation at work and safer working conditions.
(5) Physically and psychologically difficult working
conditions are widespread and damaging for older workers.
(6) Older workers are more likely to be involuntary part
time, gig, or temporary workers than prime age workers.
(7) Nearly 30 percent of older women work in low wage jobs
and most are considered working poor.
(8) Concern about age discrimination amongst older workers
has reached its highest level in nearly decades.
(9) More than 1,000,000 older workers were pushed out or
voluntarily left the labor force during the COVID-19 pandemic.
(10) While some older workers have returned to the labor
force since the beginning of the COVID-19 pandemic, many have
struggled to obtain work and others fear returning to unsafe
working conditions.
(11) The labor force participation rate and employment
population ratio of older workers both declined due to the
COVID-19 pandemic and neither have fully recovered.
(12) Older workers need specific policy consideration and
assistance that could be met by establishing an Older Workers'
Bureau within the Department of Labor.
(b) Purpose.--It is the purpose of this Act to promote productive,
inclusive, and welfare-enhancing employment opportunities and
workplaces for older workers through research, policy development,
outreach, and grant programs.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Bureau.--The term ``Bureau'' means the Older Workers'
Bureau established under section 4(a).
(2) Director.--The term ``Director'' means the Director of
the Older Workers' Bureau.
(3) Older worker.--The term ``older worker'' means an
individual who--
(A) is not younger than 55 years of age; and
(B)(i) is employed;
(ii) is seeking employment; or
(iii) wants employment, is available for
employment, and has sought employment within the
preceding 12 months.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 4. OLDER WORKER'S BUREAU.
(a) Establishment.--There is established in the Department of Labor
a bureau to be known as the ``Older Workers' Bureau'', which shall be
under the direction of the Director of the Older Workers' Bureau.
(b) Personnel.--
(1) Director.--
(A) Appointment.--Not later than 1 year after the
date of enactment of this Act, the President shall
appoint a Director to lead the Bureau.
(B) Inclusion in executive schedule.--Section 5315
of title 5, United States Code, is amended by adding at
the end the following:
``Director of the Older Workers' Bureau, Department of
Labor.''.
(2) Staff.--The Secretary, acting through the Director,
shall employ such staff as the Secretary determines necessary
to carry out the functions of the Bureau, at such rates of pay
as the Secretary may provide, subject to the provisions of
chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(c) Functions.--The Director shall promote the welfare and improve
the working conditions of older workers, increase the efficiency,
capacity, and coordination of programs serving older workers, and
advance the employment opportunities of older workers, including by
carrying out, with respect to older workers, the following:
(1) Research relating to--
(A) public benefits that support--
(i) the economic and financial security of
such workers; and
(ii) access and retention of safety net
supports for such workers who earn an annual
income that is not more than 200 percent of the
Federal poverty guidelines;
(B) access for such workers to--
(i) leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.); and
(ii) workplace flexibility opportunities to
support the needs of such workers with respect
to managing personal health and caregiving
responsibilities;
(C) tailored, person-centered approaches to job
training and adult education (including on soft skills,
financial literacy education, and digital literacy) for
such workers;
(D) access to savings and tax-advantaged
opportunities for such workers to provide a path toward
a financially secure retirement;
(E) age discrimination in the workplace, including
how such discrimination is, and could be, addressed and
how such discrimination impacts such workers;
(F) wages paid to such workers, including whether
such wages are commensurate with experience;
(G) job security for such workers, including--
(i) the probability of job loss; and
(ii) resources available to such workers in
the event of job separation;
(H) retirement readiness for such workers,
including the impact of Federal policies on retirement
readiness for such workers; and
(I) the impact of Federal policies on the equitable
treatment (including with respect to race, sex, sexual
orientation, gender identity, education, ability, and
residence) of such workers and their retirement.
(2) Policy development.
(3) Outreach and education.
(4) Grant program administration.
(5) Coordinating Federal research relating to such workers.
(6) Improving access to data on the economic situation of
such workers.
(d) Office Quarters.--The Secretary shall furnish sufficient
quarters, office furniture, and equipment as the Secretary determines
necessary to carry out the functions of the Bureau.
(e) Report.--The Director--
(1) shall annually submit to the Secretary a report--
(A) on the activities of the Bureau with respect to
older workers, including with respect to the functions
described in subsection (c);
(B) that catalogs Federal programs that support the
employment, economic success, and well-being of such
workers;
(C) that identifies issues with respect to such
workers that may be improved with Federal support; and
(D) that makes recommendations to promote the
welfare and economic and financial security, improve
the working conditions, increase the efficiency,
capacity, and coordination of programs serving older
workers, and advance the employment opportunities of
such workers; and
(2) may publish such report, as directed by the Secretary.
(f) Consultation.--In carrying out the functions of the Bureau, the
Secretary, acting through the Director, may consult with--
(1) Federal agencies that have jurisdiction over matters
involving older adults, including--
(A) the Social Security Administration, including
the Office of Retirement and Disability Policy;
(B) the Department of Health and Human Services,
including the Administration for Community Living, the
Centers for Medicare and Medicaid Services, the
National Institute for Occupational Safety and Health,
and the National Institute on Aging;
(C) the Equal Employment Opportunity Commission;
(D) the Department of Veterans Affairs;
(E) the Department of the Treasury, including the
Internal Revenue Service; and
(F) the Department of Housing and Urban
Development; and
(2) any other Federal agency that the Secretary determines
has relevant expertise.
(g) Applicability.--The Secretary shall take such actions as are
necessary to ensure the Bureau is operational not later than 1 year
after the date of enactment of this Act.
SEC. 5. RESEARCH GRANTS.
Not later than 180 days after the date on which the Bureau is
operational, the Secretary, acting through the Director, shall carry
out a program to award, on a competitive basis, grants to facilitate,
with respect to older workers, research--
(1) designed to identify areas that could benefit from
additional research for the purposes of--
(A) identifying and eliminating barriers to
securing employment, job retention, and reemployment
for such workers; and
(B) identifying policies that the Federal
government may implement to assist such workers; and
(2) as determined appropriate by the Secretary, into the
areas identified under paragraph (1).
SEC. 6. GRANTS TO COMBAT STRUCTURAL AGEISM.
(a) In General.--Not later than 180 days after the date on which
the Bureau is operational, the Secretary, acting through the Director,
shall carry out a program to award, on a competitive basis, grants to
covered institutions to--
(1) facilitate activities, services, and programs to
improve the welfare of older workers;
(2) combat structural ageism;
(3) improve employment opportunities for older workers; and
(4) create a more diverse and inclusive workplace.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to a covered institution that is located in an area
that has no training programs specifically targeted to disadvantaged
older workers.
(c) Covered Institutions Defined.--For the purposes of this
section, the term ``covered institution'' means any of the following:
(1) An employer.
(2) An employer association.
(3) A labor organization.
(4) A nonprofit with expertise in older workers.
(5) A worker organization.
(6) Another institution determined appropriate by the
Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
To carry out sections 5 and 6, there is authorized to be
appropriated $10,000,000 for each fiscal year after fiscal year 2023.
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