118 HR 6634 IH: Workers Protecting Our Wage Earners Rights Act
U.S. House of Representatives
2023-12-06
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EN
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I
118th CONGRESS
1st Session
H. R. 6634
IN THE HOUSE OF REPRESENTATIVES
December 6, 2023
Mr. McGarvey (for himself, Mr. Scott of Virginia, Mr. Norcross, Mr. Casar, Ms. Barragán, 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.
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.
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.
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.
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.
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.
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.
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.
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.