[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6634 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6634
To increase the capacity of the Department of Labor and labor
enforcement agencies of States to address labor violations, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2023
Mr. McGarvey (for himself, Mr. Scott of Virginia, Mr. Norcross, Mr.
Casar, Ms. Barragan, Ms. Budzinski, Mr. Castro of Texas, Mr. Cleaver,
Mr. Deluzio, Mr. DeSaulnier, Mrs. Dingell, Mr. Frost, Mr. Robert Garcia
of California, Mr. Gomez, Mr. Green of Texas, Mr. Krishnamoorthi, Mr.
Lynch, Mr. Magaziner, Ms. Manning, Mrs. McBath, Ms. McCollum, Mr.
Mullin, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Ms. Ocasio-Cortez, Mr.
Pocan, Ms. Porter, Ms. Ross, Ms. Schakowsky, Mr. Schiff, Mrs. Sykes,
Mr. Thanedar, Ms. Titus, Ms. Tokuda, Ms. Williams of Georgia, and Ms.
Hoyle of Oregon) introduced the following bill; which was referred to
the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To increase the capacity of the Department of Labor and labor
enforcement agencies of States to address labor violations, 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; FINDINGS; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Workers Protecting
Our Wage Earners Rights Act'' or the ``Workers POWER Act''.
(b) Findings.--Congress finds the following:
(1) The Department of Labor's Wage and Hour Division and
Occupational Safety and Health Administration require robustly
increased appropriations to adequately address the size and
scope of oversight of the United States workforce.
(2) The continued presence of child labor violations, wage
and hour violations, and occupational safety and health
violations are a scourge on the national conscience and must be
rebuked with the full resources, funding, and strengthened laws
necessary to address these violations.
(3) This necessary increased funding for the Department
must be leveraged to invest in a strengthened workforce through
increased full-time employees, incentive structures,
compensation, and other mechanisms to support the dedicated
public servants of the Department in enforcing Federal labor
law.
(c) Definitions.--In this Act--
(1) the term ``Administration'' means the Occupational
Safety and Health Administration;
(2) the term ``Department'' means the Department of Labor;
(3) the term ``Division'' means the Wage and Hour Division
of the Department; and
(4) the term ``Secretary'' means the Secretary of Labor.
SEC. 2. EXPANSION OF DEPARTMENT OF LABOR POST-SECONDARY STUDENT
PROGRAM, RECENT GRADUATES, AND PMF PROGRAMS.
(a) Post-Secondary Student Program.--
(1) New positions.--
(A) In general.--Not later than two years after the
date of the enactment of this Act, the Secretary of
Labor shall establish at least five paid post-secondary
student program positions within the Wage and Hour
Division of the Department of Labor. Such positions
shall be--
(i) located at the office of the Division
located in Washington, DC;
(ii) part of the post-secondary student
program under the Pathways Programs at the
Department; and
(iii) shall be in addition to any post-
secondary student program positions at the
Department as of the date of the enactment of
this Act.
(B) Other positions.--In addition to the positions
established under subparagraph (A), not later than two
years after the date of the enactment of this Act, the
Secretary shall establish at least two additional
internship positions in each Division regional office.
(2) Compensation; status.--Any intern participating in the
Department post-secondary student program--
(A) shall be entitled to an hourly rate of pay that
is not less than the annual rate of basic pay for step
1 of GS-7 level (computed on an hourly basis under
section 5504 of title 5, United States Code); and
(B) shall not be considered a Federal employee for
any purpose other than for purposes of chapter 81 of
title 5, United States Code, (relating to compensation
for injury) and sections 2671 through 2680 of title 28,
United States Code (relating to tort claims).
(b) Recent Graduates Program.--Not later than two years after the
date of the enactment of this Act, the Secretary shall increase the
number of positions under the Recent Graduates program at the
Department by 100 percent.
(c) PMF.--Not later than two years after the date of the enactment
of this Act, the Office of Personnel Management, in consultation with
the Secretary, shall establish one additional Presidential Management
Fellowship Program position at each of the Division and the
Administration.
SEC. 3. CHILD LABOR FELLOW POSITION.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary shall establish within each of the
Division and the Administration at least five additional fellowship
positions. Each such position shall--
(1) work with investigatory teams to enforce labor rights
violations regarding children;
(2) serve as additional investigators or provide other
functions, as determined by the Secretary; and
(3) be a time-limited appointment of one-year, except that
the Secretary may modify the time-period of such appointment as
the Secretary deems necessary.
(b) Appointment.--Fellows in the positions under subsection (a)
shall be competitively selected, in such form and manner as the
Secretary may prescribe, from State and local labor enforcement
agencies, labor organizations, institutions of higher education,
research organizations, advocacy organizations, non-profits, and other
community organizations.
(c) Conversion.--The Secretary may convert any fellow appointed
under this section to a career appointment in the competitive service.
SEC. 4. EXPAND THE DOL HONORS ATTORNEYS PROGRAM.
Not later than two years after the date of the enactment of this
Act, the Secretary shall increase the number of positions in the
Department's Office of the Solicitor's Honors Program for Attorneys to
a minimum of twenty positions with a focus on creating a pipeline of
attorneys into the Division and Administration.
SEC. 5. PERFORMANCE, RECRUITMENT AND RELOCATION, AND RETENTION BONUS
PROGRAMS.
(a) Bonus Program.--Not later than two years after the date of the
enactment of this Act, the Secretary shall establish and carry out a
bonus and incentive program for any covered employee. Such program
shall award bonuses based on performance, with an emphasis on
performance of investigatory and enforcement efforts.
(b) Recruitment and Relocation Bonuses.--Not later than two years
after the date of the enactment of this Act, the Secretary may pay a
recruitment or relocation bonus under section 5753(e) of title 5,
United States Code, to a covered employee without regard to any
requirements for certification or approval under that section.
(c) Retention Bonuses.--Not later than two years after the date of
the enactment of this Act--
(1) the Secretary may pay a retention bonus under section
5754(f) of title 5, United States Code, to a covered employee
without regard to any requirement for certification or approval
under that subsection; and
(2) the Secretary may pay a retention bonus as specified in
subsection (e)(2) of section 5754 of such title 5 to a covered
employee and may pay the bonus as a single lump-sum payment at
the beginning of the full period of service required by an
agreement under subsection (d) of such section.
(d) Merit Awards.--Not later than two years after the date of the
enactment of this Act, the Secretary may grant a cash award under
section 4502(b) of title 5, United States Code, to a covered employee
without regard to any requirement for certification or approval under
that section.
(e) Incentives for Critical Skills.--(1) Not later than two years
after the date of the enactment of this Act, the Secretary may provide
a critical skill incentive to a covered employee if the Secretary
determines--
(A) the employee possesses a high-demand skill or
skill that is at a shortage;
(B) such skill is directly related to the duties
and responsibilities of the employee's position; and
(C) employment of an individual with such skill in
such position serves a critical mission-related need of
the Department.
(2) An incentive provided to an employee under paragraph
(1) may not to exceed 25 percent of the basic pay of the
employee.
(3) Provision of an incentive under paragraph (1) shall be
contingent on the employee entering into a written agreement to
complete a period of employment with the Department.
(4) An incentive provided under paragraph (1) shall not be
considered basic pay for any purpose.
(5) The Secretary may prescribe conditions, including with
respect to eligibility, and limitations on provision of
incentive under paragraph (1).
(f) Covered Employee Defined.--In this section, the term ``covered
employee'' means--
(1) an employee of the Division or the Administration; or
(2) any other employee of the Department that supports
enforcement efforts of the Division or the Administration, as
determined by the Secretary.
SEC. 6. INCREASE IN STUDENT LOAN REPAYMENT FOR DEPARTMENT EMPLOYEES.
(a) In General.--Consistent with subsection (b), with respect to
any covered employee who is otherwise eligible for student loan
repayments under section 5379 of title 5, United States Code--
(1) subsection (b)(2)(A) of such section shall be applied
by substituting ``$30,000'' for ``$10,000''; and
(2) subsection (b)(2)(B) of such section shall be applied
by substituting ``$180,000'' for ``$60,000''.
(b) Agreement.--A covered employee described in subsection (e)(2)
or (3) may not receive increased student loan payment under this
section until on or after the date the employee enters into a written
service agreement, in such form and manner as the Secretary may
prescribe, to complete a period of employment with the Department of at
least 5 years.
(c) Application.--The increased loan repayment provided under
subsection (a) shall cease to apply after an individual leaves
employment with the Department.
(d) Covered Employee Defined.--In this section, the term ``covered
employee'' means any employee of the Department--
(1) who has been such an employee for a period of at least
five consecutive years;
(2) who, on the date of enactment of this Act, has less
than five years of continuous service with the Department; or
(3) initially appointed to a position in the Department
after the date of enactment of this Act.
SEC. 7. REPORTS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary, in collaboration with the
Comptroller General of the United States, shall submit to Congress and
make publicly available a report that identifies necessary and
recommended changes to increase the ability of the Department to
enforce Federal labor laws, including--
(1) how to address the need for increased capacity at the
Department, including the need for more personnel, funding, and
other resources as determined by the Secretary;
(2) identifying any limitations on the Secretary with
respect to enforcing Federal labor laws due to--
(A) the number of employees of the Department; and
(B) the organizational structure of the Department;
(3) identifying any opportunities for, and limitations on
the ability of, the Secretary to work with labor organizations
or community-based organizations to enforce Federal labor laws;
(4) how to develop a recruitment strategy intended to
increase outreach to, and the employment of, underrepresented
populations, including through outreach and partnerships at
historically Black colleges or universities, Hispanic-serving
institutions, Tribal colleges or universities, and other
minority-serving institutions; and
(5) how to best utilize incentives such as bonuses, loan
repayment, and other benefits to increase recruitment and
retention.
(b) Discretionary Grant and Report.--The Secretary may award a one-
time grant, on a competitive basis, to an institution of higher
education to--
(1) carry out a study that identifies necessary and
recommended changes to increase the ability of the Department
to enforce Federal labor laws; and
(2) submit to Congress and the Secretary a report that
includes the findings from the study under paragraph (1).
(c) Definitions.--In this section:
(1) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given such term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
(2) Historically black college or university.--The term
``Historically Black College or University'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution listed in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(6) Tribal college or university.--The term ``Tribal
college or university'' has the meaning given such term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(7) Underrepresented population.--The term
``underrepresented population'' means a population of
individuals (based on race, color, religion, sex (including
pregnancy, sexual orientation, or gender identity), national
origin, age (40 or older), disability status, and genetic
information (including family medical history)) who have been
historically less represented, as defined by the Secretary, in
the workforce of the Department of Labor.
SEC. 8. GRANT PROGRAM.
(a) Grant Authority.--From the amounts appropriated under
subsection (i), the Secretary may award grants, on a competitive basis,
to States to increase the capacity of State and local departments of
labor to enforce labor laws.
(b) Application.--To be eligible to receive a grant under this
section, a State shall submit to the Secretary an application at such a
time, in such a manner, and containing such information as the
Secretary may require, which shall include--
(1) a description of the intended uses of grant funds; and
(2) a description of the needs of the State, or a unit of
general local government, with respect enforcing labor laws,
including--
(A) insufficient capacity of a department of labor
or other similar agency due to insufficient personnel,
funding, or other resources; and
(B) whether there are case backlogs or personnel
working overtime at such department, and any other
relevant information; and
(3) an assurance that the State will--
(A) enter into a data sharing agreement as required
under subsection (d); and
(B) comply with subsection (f).
(c) Priority.--In awarding grants under this section, the Secretary
shall prioritize States that demonstrate the greatest need for
assistance in enforcing labor laws, as compared to the other States
submitting applications under subsection (b).
(d) Data Sharing Agreement.--Not later than two years after the
receipt of a grant under this section, a State that receives such grant
shall enter into a data sharing agreement with the Secretary to--
(1) share investigation data related to potential and
confirmed labor law violations, including--
(A) the locations of such violations;
(B) an identification of--
(i) entities that routinely commit labor
law violations; and
(ii) the most common labor law violations;
and
(C) any other relevant information as determined by
the Secretary; and
(2) promote communication and enforcement efforts between
the Secretary and State and local departments of labor, or any
agency that enforces labor laws.
(e) Required Uses.--A State receiving a grant under this section
shall use grant funds to increase the capacity of the relevant labor
enforcement department or similar agency of the State, or one or more
similar agencies of a unit of general local government, to enforce
labor laws, by--
(1) recruiting and retaining employees in departments of
labor or similar agencies;
(2) carrying out any activity the Secretary determines
necessary to increase the capacity of the State, or a unit of
general local government in the State, to enforce such laws; or
(3) distributing grant funds to a unit of general local
government in the State for such unit to use the funds for a
purpose described in paragraph (1) or (2).
(f) Supplement, Not Supplant.--A State receiving a grant under this
section shall use such grant to supplement, and not supplant, State and
local funding for labor enforcement departments or similar agencies of
such State or unit of general local government.
(g) Monitoring.--The Secretary shall establish a mechanism or
process to regularly monitor and audit the uses of grant funds by a
State, or a unit of local government of such State, to ensure that the
funds are used in accordance with this section.
(h) Definitions.--In this section:
(1) Labor laws.--The term ``labor laws'' includes Federal,
State, and local labor laws, including child labor law, wage
and hour law, occupational safety and health law, and any other
relevant labor law as determined by the Secretary, State, or
unit of general local government.
(2) State.--The term ``State'' means--
(A) any of the 50 States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(3) Unit of general local government.--The term ``unit of
general local government'' has the meaning given such term in
section 3 of the Workforce Innovation and Improvement Act (29
U.S.C. 3102).
(i) Authorization of Appropriations.--There are authorized to be
appropriated $250,000,000 to carry out this section for each fiscal
year.
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