I 117th CONGRESS 2d Session H. R. 9327 IN THE HOUSE OF REPRESENTATIVES November 17, 2022 Mr. Beyer (for himself and Ms. Newman ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To establish in the Department of Labor an Older Workers’ Bureau, to establish grant programs related to employment of older workers, and for other purposes.

1. Short title This Act may be cited as the Older Workers’ Bureau Act . 2. Findings; purpose (a) Findings Congress finds the following: (1) Of the 9 million jobs expected to be added by 2030, more than half, 4.7 million, will be filled by workers over 55, according to the U.S. Bureau of Labor Statistics. (2) From 1995 to 2020, the share of older workers more than doubled, to nearly 25 percent from 12 percent. (3) About 40 percent of middle-class older workers will be downwardly mobile into poverty or near poverty in the next ten years when they reach their sixties in part because of lack of employment or low wages. (4) The labor market experience of older workers is shaped by structural ageism, which carries unproven beliefs that older workers are not trainable, move slow, are expensive, and get sick too often. (5) 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. (6) Physically and psychologically difficult working conditions are widespread and damaging for older workers. (7) Older workers are more likely to be involuntary part time, gig, or temporary workers than for prime age workers. (8) Nearly 30 percent of older women work in low wage jobs and most are considered working poor. (9) Concern about age discrimination amongst older workers has reached its highest level in nearly decades. (10) More than 1,000,000 older workers were pushed out or voluntarily left the labor force during the COVID–19 pandemic. (11) 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. (12) 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. (13) 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. 3. Older Worker’s Bureau (a) Establishment There is established in the Department of Labor a bureau to be known as the Older Workers’ Bureau (in this section referred to as the Bureau ). (b) Personnel (1) Director (A) Appointment Not later than one 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 of Labor, 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. (c) Functions The Bureau shall promote the welfare, improve the working conditions, increase the efficiency, and advance the employment opportunities of older workers, including by carrying out the following functions: (1) Research and coordination relating to— (A) age discrimination and how age discrimination is addressed; (B) the wages paid to older workers, including whether such wages appropriately reflect experience; (C) the job security of older workers, including— (i) the probability of job loss; and (ii) whether there are resources available in the event of job loss; (D) the state of retirement readiness of older workers and the impact of Federal policies regarding retirement for older workers; and (E) the impact of Federal policies towards the equity (including with respect to race, sex, education, and residence) of older workers and their retirement. (2) Policy development. (3) Outreach and education. (4) Grant program administration. (5) Coordinating Federal research relating to older workers. (6) Improving access to data on the economic situation of older workers in the labor force or those marginally attached to the labor force. (d) Office quarters The Secretary of Labor 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 submit to the Secretary of Labor annual reports that— (A) describe the activities of the Bureau, including with respect to the functions described in subsection (c); and (B) make recommendations to promote the welfare, improve the working conditions, increase the efficiency, and advance the employment opportunities of older workers; and (2) may publish each such report, as directed by the Secretary. (f) Applicability The Secretary of Labor shall take such actions as are necessary to ensure the Bureau is operational not later than one year after the date of enactment of this Act. (g) Older worker defined In this Act, the term older worker means an individual at least 55 years of age who is employed, seeking employment, or marginally attached to the labor force. 4. Research grants Not later than 180 days after the date on which the Older Workers’ Bureau is established, the Secretary, acting through the Director of the Older Workers’ Bureau, shall carry out a program to award, on a competitive basis, grants to facilitate— (1) research into gaps in existing literature and research (as determined by the Secretary); and (2) targeted studies designed to direct policies. 5. Grants to combat structural ageism (a) In general Not later than 180 days after the date on which the Older Workers’ Bureau is established, the Secretary, acting through the Director of the Older Workers’ Bureau, 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 traditional employment or training programs specifically targeted to disadvantaged older workers. (c) Prohibition on discriminatory grants The Secretary may not make a grant to a covered institution if the Secretary determines that such grant would encourage other forms of discrimination. (d) 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 union. (4) A nonprofit with expertise in older workers. (5) A worker organization. (6) Other institutions determined appropriate by the Secretary. 6. Authorization of appropriations To carry out sections 4 and 5, there is authorized to be appropriated $7,000,000 for each fiscal year after fiscal year 2023.