Text: S.1826 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in Senate (10/06/2005)


109th CONGRESS
1st Session
S. 1826


To amend the Internal Revenue Code of 1986 to allow a credit to encourage employers to offer flexible and phased work opportunities to older workers, to expand the credit for dependent care expenses to cover eldercare expenses, to extend COBRA coverage for certain older workers who lose health insurance coverage due to a reduction in work, to improve older workers' access to job training services, and for other purposes.


IN THE SENATE OF THE UNITED STATES

October 6, 2005

Mr. Kohl (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To amend the Internal Revenue Code of 1986 to allow a credit to encourage employers to offer flexible and phased work opportunities to older workers, to expand the credit for dependent care expenses to cover eldercare expenses, to extend COBRA coverage for certain older workers who lose health insurance coverage due to a reduction in work, to improve older workers' access to job training services, 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; table of contents.

(a) Short title.—This Act may be cited as the “Older Worker Opportunity Act”.

(b) Table of contents.—The table of contents of this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 101. Tax credit for older workers in flexible and phased work programs.

Sec. 102. Expansion of dependent care credit to eldercare expenses.

Sec. 201. Extended COBRA continuation coverage for certain older workers.

Sec. 301. Definitions.

Sec. 302. Statewide employment and training activities.

Sec. 303. Local employment and training activities.

Sec. 304. Performance measures.

Sec. 305. Reporting.

Sec. 306. Incentive grants.

Sec. 401. Federal task force on older workers.

SEC. 101. Tax credit for older workers in flexible and phased work programs.

(a) Congress finds that—

(1) most older workers expect to work past traditional retirement age;

(2) most older workers would prefer not to work a traditional full-time schedule;

(3) older workers' preference for flexible and phased work is not matched by opportunities currently offered by employers;

(4) many older workers would choose to work longer if they were offered flexible and phased work opportunities, which would also reduce employer costs by increasing employee retention; and

(5) many older workers would like to gradually transition into retirement instead of taking full retirement immediately.

(b) Flexible and phased work credit.—Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:

“SEC. 45N. Flexible and phased work credit.

“(a) In general.—For purposes of section 38, in the case of an eligible employer, the flexible and phased work credit determined under this section for the taxable year shall be equal to 40 percent of the qualified wages for such year.

“(b) Eligible employer.—For purposes of this section, the term ‘eligible employer’ means an employer which—

“(1) maintains a qualified trust (within the meaning of section 401(a)), and

“(2) provides health insurance coverage (as defined in section 9832(b)(1)(A)) to employees and pays no less than 60 percent of the cost of such health insurance coverage with respect to each full-time employee receiving such coverage.

“(c) Qualified wages defined.—For purposes of this section—

“(1) QUALIFIED WAGES.—The term ‘qualified wages’ means the wages paid or incurred by an eligible employer during the taxable year to individuals whom at the time such wages are paid or incurred—

“(A) have attained the age of 59½, and

“(B) are participating in a formal flexible work program or a formal phased work program.

“(2) WAGES.—

“(A) IN GENERAL.—The term ‘wages’ has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section).

“(B) OTHER RULES.—Rules similar to the rules of paragraph (2) and (3) of section 51(c) shall apply for purposes of this section.

“(C) TERMINATION.—The term ‘wages’ shall not include any amount paid or incurred to an individual after December 31, 2010.

“(3) ONLY FIRST $6,000 OF WAGES PER YEAR TAKEN INTO ACCOUNT.—The amount of the qualified wages which may be taken into account with respect to any individual shall not exceed $6,000 per year.

“(d) Formal flexible work program.—For purposes of this section—

“(1) IN GENERAL.—The term ‘formal flexible work program’ means a program of an eligible employer—

“(A) which consists of core time and flex time,

“(B) under which core time does not exceed—

“(i) 20 hours per week,

“(ii) 3 days per week, or

“(iii) 1,000 hours per year, and

“(C) which meets the requirements of subsection (f).

“(2) CORE TIME.—The term ‘core time’ means the specific time—

“(A) during which an employee is required to perform services related to employment, and

“(B) which is determined by the employer.

“(3) FLEX TIME.—The term ‘flex time’ means the time other than core time—

“(A) during which an employee is required to perform services related to employment, and

“(B) which is determined at the election of the employee.

“(e) Formal phased work program.—For purposes of this section, the term ‘formal phased work program’ means—

“(1) a program of an eligible employer—

“(A) under which the employer and an employee enter into an agreement, in good faith, that the employee's work schedule will be no more than 80 percent of the work schedule of a similarly situated full-time employee, and

“(B) which meets the requirements of subsection (f), or

“(2) any phased retirement program of an eligible employer which—

“(A) is authorized by the Secretary, and

“(B) meets the requirements of subsection (f).

“(f) Requirements.—A program shall not be considered a formal flexible work program or a formal phased work program under this section unless such program meets the following requirements:

“(1) DURATION OF PROGRAM.—The program shall allow for participation for a period of at least 1 year.

“(2) NO CHANGE IN HEALTH BENEFITS.—With respect to a participant whose work schedule is no less than 20 percent of the work schedule of a similarly situated full-time employee—

“(A) such participant shall be entitled to the same health insurance coverage to which a similarly situated full-time employee would be entitled,

“(B) the employer shall contribute the same percentage of the cost of health insurance coverage for such participant as the employer would contribute for a similarly situated full-time employee, and

“(C) such participant shall be entitled to participate in a retiree health benefits plan of the employer in the same manner as a similarly situated full-time employee, except that service credited under the plan for any plan year shall be equal to the ratio of the participant’s work schedule during such year to the work schedule of a similarly situated full-time employee during such year.

“(3) NO REDUCTION IN PENSION BENEFITS.—

“(A) DEFINED BENEFIT PLANS.—

“(i) A participant shall be entitled to participate in a defined benefit plan (within the meaning of section 414(j)) of the employer in the same manner as a similarly situated full-time employee.

“(ii) Service credited to a participant under the plan for any plan year shall be equal to the ratio of the participant’s work schedule during such year to the work schedule of a similarly situated full-time employee during such year.

“(iii) If the plan uses final average earnings to determine benefits, final average earnings of the participant shall be no less than such earnings were before the participant entered the program.

“(B) DEFINED CONTRIBUTION PLANS.—A participant shall be entitled to participate in a defined contribution plan (within the meaning of section 414(i)) of the employer in the same manner as a similarly situated full-time employee, and the employer shall match the participant’s contributions at the same rate that the employer would match the contributions of a similarly situated full-time employee.

“(C) NO FORFEITURE OF PENSION BENEFITS.—The pension benefits of a participant shall not be forfeited under the rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the Employee Retirement Income Security Act of 1974 with respect to a participant who has attained normal retirement age as of the end of the plan year.

“(4) NONDISCRIMINATION RULE.—Eligibility to participate in the program shall not discriminate in favor of highly compensated employees (within the meaning of section 414(q)).

“(g) Certain individuals ineligible.—For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 51(i) and section 52 shall apply.

“(h) Regulations.—The Secretary may prescribe such regulations as are necessary to carry out the purposes of this section, including simplified rules to satisfy the requirements of subsection (f)(3)(C) taking into account the requirements of section 411 and section 203 of the Employee Retirement Income Security Act of 1974.”.

(c) Credit made part of general business credit.—Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking “and” at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting “, plus”, and by adding at the end the following new paragraph:

“(27) the flexible and phased work credit determined under section 45N(a).”.

(d) No double benefit.—Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting “45N(a),” after “45A(a),”.

(e) Clerical amendment.—The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:


“Sec. 45N. Flexible and phased work credit.”.

(f) Effective date.—The amendments made by this section shall apply to wages paid after December 31, 2005.

SEC. 102. Expansion of dependent care credit to eldercare expenses.

(a) In general.—Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (relating to qualifying individual) is amended by striking “or” at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting “, or”, and by adding at the end the following new subparagraph:

“(D) an individual who—

“(i) has attained retirement age (as defined in section 216(l)(1) of the Social Security Act) before the end of the taxable year of the taxpayer,

“(ii) is the spouse of the taxpayer or has a relationship to the taxpayer described in subparagraph (B), (C), (D), (F), or (G) of section 152(d)(2), and

“(iii) is a chronically ill individual (within the meaning of section 7702B(c)(2)).”.

(b) Expenses for care outside of household.—

(1) IN GENERAL.—Subparagraph (B) of section 21(b)(2) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause:

“(ii) a qualifying individual described in paragraph (1)(D), or”.

(2) CONFORMING AMENDMENT.—Clause (iii) of section 21(b)(2)(B), as redesignated by paragraph (1), is amended by striking “paragraph (1)(A)” and inserting “subparagraph (A) or (D) of paragraph (1)”.

(c) Conforming amendments.—

(1) The heading of section 21 of the Internal Revenue Code of 1986 is amended by striking “and dependent care services” and inserting “, dependent care, and eldercare services”.

(2) The item relating to section 21 in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended striking “and dependent care services” and inserting “, dependent care, and eldercare services”.

(d) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

SEC. 201. Extended COBRA continuation coverage for certain older workers.

(a) Amendments to the Employee Retirement Income Security Act of 1974.—Section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162) is amended—

(1) in paragraph (2)(A), 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.”; and

(2) in paragraph (3), by adding at the end the following: “In the case of an individual described in paragraph (2)(A)(vi), any reference in subparagraph (A) of this paragraph to ‘102 percent’ is deemed a reference to ‘120 percent’ for any month after the 18th month of continuation coverage provided for under such paragraph (2)(A)(vi).”.

(b) Amendments to the Public Health Service Act.—Section 2202 of the Public Health Service Act (42 U.S.C. 300bb–2) is amended—

(1) in paragraph (2)(A), 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.”; and

(2) in paragraph (3), by adding at the end the following: “In the case of an individual described in paragraph (2)(A)(v), any reference in subparagraph (A) of this paragraph to ‘102 percent’ is deemed a reference to ‘120 percent’ for any month after the 18th month of continuation coverage provided for under such paragraph (2)(A)(v).”.

(c) Amendments to the Internal Revenue Code of 1986.—Section 4980B(f) of the Internal Revenue Code of 1986 is amended—

(1) in paragraph (2)(B)(i), 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.”; and

(2) in paragraph (2)(C) by adding at the end the following: “In the case of an individual described in subparagraph (B)(i)(VI), any reference in clause (i) of this subparagraph to ‘102 percent’ is deemed a reference to ‘120 percent’ for any month after the 18th month of continuation coverage provided for under such subparagraph (B)(i)(VI).”.

SEC. 301. 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. 302. Statewide employment and training activities.

Section 134(a)(3)(A) of such Act (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. 303. Local employment and training activities.

(a) Intensive Services.—Section 134(d)(3) of such Act (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. 304. 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) (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. 305. Reporting.

Section 136(d)(2) of such Act (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. 306. 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 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 the Workforce Investment Act of 1998 (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, 2006.—Prior to July 1, 2006, 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, 2006.—Beginning on July 1, 2006, 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).”.

SEC. 401. Federal task force on older workers.

(a) Establishment.—Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall establish a Federal Task Force on Older Workers (referred to in this Act as the “Task Force”).

(b) Membership.—The Task Force established pursuant to subsection (a) shall be composed of representatives from all relevant Federal agencies that have regulatory jurisdiction over, or a clear policy interest in, issues relating to older workers, including the Internal Revenue Service, the Social Security Administration, the Equal Employment Opportunity Commission, and the Administration on Aging of the Department of Health and Human Services.

(c) Activities.—

(1) AFTER ONE YEAR.—Not later than 1 year after the date of establishment of the Task Force, the Task Force shall—

(A) identify statutory and regulatory provisions in current law that tend to limit opportunities for older workers, and develop legislative and regulatory proposals to address such limitations;

(B) identify best practices in the private sector for hiring and retaining older workers, and serve as a clearinghouse of such information; and

(C) assess the effectiveness and cost of programs that Federal agencies have implemented to hire and retain older workers (including the Senior Environmental Employment (SEE) Program of the Environmental Protection Agency), and recommend cost-effective programs for all Federal agencies to hire and retain older workers.

(2) AFTER THREE YEARS.—Not later than 3 years after the date of establishment of the Task Force, the Task Force shall—

(A) assess the effectiveness of the provisions of this Act; and

(B) organize a Conference on the Aging Workforce, which shall include the participation of senior, business, labor, and other interested organizations.

(3) REPORT.—The Task Force shall submit a report to Congress on the activities of the Task Force pursuant to paragraph (1). Such report shall be made available to the public.

(d) Consultation.—In carrying out activities pursuant to this section, the Task Force shall consult with senior, business, labor, and other interested organizations.

(e) Applicability of FACA; termination of task force.—

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force established pursuant to this Act.

(2) TERMINATION.—The Task Force shall terminate 30 days after the date the Task Force completes all of its duties under this Act.


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