I 

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. BARRAGA ́N, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; FINDINGS; DEFINITIONS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Workers Protecting Our Wage Earners Rights Act’’ or 

4 the ‘‘Workers POWER Act’’. 

5 (b) FINDINGS.—Congress finds the following: 

6 (1) The Department of Labor’s Wage and Hour 

7 Division and Occupational Safety and Health Ad8 ministration require robustly increased appropria9 tions to adequately address the size and scope of 

10 oversight of the United States workforce. 

11 (2) The continued presence of child labor viola12 tions, wage and hour violations, and occupational 

13 safety and health violations are a scourge on the na14 tional conscience and must be rebuked with the full 

15 resources, funding, and strengthened laws necessary 

16 to address these violations. 

17 (3) This necessary increased funding for the 

18 Department must be leveraged to invest in a 

19 strengthened workforce through increased full-time 

20 employees, incentive structures, compensation, and 

21 other mechanisms to support the dedicated public 

22 servants of the Department in enforcing Federal 

23 labor law. 

24 (c) DEFINITIONS.—In this Act— 

25 (1) the term ‘‘Administration’’ means the Occu26 pational Safety and Health Administration; 


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1 (2) the term ‘‘Department’’ means the Depart2 ment of Labor; 

3 (3) the term ‘‘Division’’ means the Wage and 

4 Hour Division of the Department; and 

5 (4) the term ‘‘Secretary’’ means the Secretary 

6 of Labor. 

7 SEC. 2. EXPANSION OF DEPARTMENT OF LABOR POST-SEC8 ONDARY STUDENT PROGRAM, RECENT GRAD9 UATES, AND PMF PROGRAMS. 

10 (a) POST-SECONDARY STUDENT PROGRAM.— 

11 (1) NEW POSITIONS.— 

12 (A) IN GENERAL.—Not later than two 

13 years after the date of the enactment of this 

14 Act, the Secretary of Labor shall establish at 

15 least five paid post-secondary student program 

16 positions within the Wage and Hour Division of 

17 the Department of Labor. Such positions shall 

18 be— 

19 (i) located at the office of the Division 

20 located in Washington, DC; 

21 (ii) part of the post-secondary student 

22 program under the Pathways Programs at 

23 the Department; and 

24 (iii) shall be in addition to any post25 secondary student program positions at the 


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1 Department as of the date of the enact2 ment of this Act. 

3 (B) OTHER POSITIONS.—In addition to the 

4 positions established under subparagraph (A), 

5 not later than two years after the date of the 

6 enactment of this Act, the Secretary shall es7 tablish at least two additional internship posi8 tions in each Division regional office. 

9 (2) COMPENSATION; STATUS.—Any intern par10 ticipating in the Department post-secondary student 

11 program— 

12 (A) shall be entitled to an hourly rate of 

13 pay that is not less than the annual rate of 

14 basic pay for step 1 of GS–7 level (computed on 

15 an hourly basis under section 5504 of title 5, 

16 United States Code); and 

17 (B) shall not be considered a Federal em18 ployee for any purpose other than for purposes 

19 of chapter 81 of title 5, United States Code, 

20 (relating to compensation for injury) and sec21 tions 2671 through 2680 of title 28, United 

22 States Code (relating to tort claims). 

23 (b) RECENT GRADUATES PROGRAM.—Not later than 

24 two years after the date of the enactment of this Act, the 

25 Secretary shall increase the number of positions under the 


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1 Recent Graduates program at the Department by 100 per2 cent. 

3 (c) PMF.—Not later than two years after the date 

4 of the enactment of this Act, the Office of Personnel Man5 agement, in consultation with the Secretary, shall estab6 lish one additional Presidential Management Fellowship 

7 Program position at each of the Division and the Adminis8 tration. 

9 SEC. 3. CHILD LABOR FELLOW POSITION. 

10 (a) IN GENERAL.—Not later than two years after the 

11 date of the enactment of this Act, the Secretary shall es12 tablish within each of the Division and the Administration 

13 at least five additional fellowship positions. Each such po14 sition shall— 

15 (1) work with investigatory teams to enforce 

16 labor rights violations regarding children; 

17 (2) serve as additional investigators or provide 

18 other functions, as determined by the Secretary; and 

19 (3) be a time-limited appointment of one-year, 

20 except that the Secretary may modify the time-pe21 riod of such appointment as the Secretary deems 

22 necessary. 

23 (b) APPOINTMENT.—Fellows in the positions under 

24 subsection (a) shall be competitively selected, in such form 

25 and manner as the Secretary may prescribe, from State 


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1 and local labor enforcement agencies, labor organizations, 

2 institutions of higher education, research organizations, 

3 advocacy organizations, non-profits, and other community 

4 organizations. 

5 (c) CONVERSION.—The Secretary may convert any 

6 fellow appointed under this section to a career appoint7 ment in the competitive service. 

8 SEC. 4. EXPAND THE DOL HONORS ATTORNEYS PROGRAM. 

9 Not later than two years after the date of the enact10 ment of this Act, the Secretary shall increase the number 

11 of positions in the Department’s Office of the Solicitor’s 

12 Honors Program for Attorneys to a minimum of twenty 

13 positions with a focus on creating a pipeline of attorneys 

14 into the Division and Administration. 

15 SEC. 5. PERFORMANCE, RECRUITMENT AND RELOCATION, 

16 AND RETENTION BONUS PROGRAMS. 

17 (a) BONUS PROGRAM.—Not later than two years 

18 after the date of the enactment of this Act, the Secretary 

19 shall establish and carry out a bonus and incentive pro20 gram for any covered employee. Such program shall award 

21 bonuses based on performance, with an emphasis on per22 formance of investigatory and enforcement efforts. 

23 (b) RECRUITMENT AND RELOCATION BONUSES.— 

24 Not later than two years after the date of the enactment 

25 of this Act, the Secretary may pay a recruitment or relocaVerDate Sep 11 2014 22:14 Dec 26, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6634.IH H6634

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1 tion bonus under section 5753(e) of title 5, United States 

2 Code, to a covered employee without regard to any re3 quirements for certification or approval under that sec4 tion. 

5 (c) RETENTION BONUSES.—Not later than two years 

6 after the date of the enactment of this Act— 

7 (1) the Secretary may pay a retention bonus 

8 under section 5754(f) of title 5, United States Code, 

9 to a covered employee without regard to any require10 ment for certification or approval under that sub11 section; and 

12 (2) the Secretary may pay a retention bonus as 

13 specified in subsection (e)(2) of section 5754 of such 

14 title 5 to a covered employee and may pay the bonus 

15 as a single lump-sum payment at the beginning of 

16 the full period of service required by an agreement 

17 under subsection (d) of such section. 

18 (d) MERIT AWARDS.—Not later than two years after 

19 the date of the enactment of this Act, the Secretary may 

20 grant a cash award under section 4502(b) of title 5, 

21 United States Code, to a covered employee without regard 

22 to any requirement for certification or approval under that 

23 section. 

24 (e) INCENTIVES FOR CRITICAL SKILLS.—(1) Not 

25 later than two years after the date of the enactment of 


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1 this Act, the Secretary may provide a critical skill incen2 tive to a covered employee if the Secretary determines— 

3 (A) the employee possesses a high-demand 

4 skill or skill that is at a shortage; 

5 (B) such skill is directly related to the du6 ties and responsibilities of the employee’s posi7 tion; and 

8 (C) employment of an individual with such 

9 skill in such position serves a critical mission10 related need of the Department. 

11 (2) An incentive provided to an employee under 

12 paragraph (1) may not to exceed 25 percent of the 

13 basic pay of the employee. 

14 (3) Provision of an incentive under paragraph 

15 (1) shall be contingent on the employee entering into 

16 a written agreement to complete a period of employ17 ment with the Department. 

18 (4) An incentive provided under paragraph (1) 

19 shall not be considered basic pay for any purpose. 

20 (5) The Secretary may prescribe conditions, in21 cluding with respect to eligibility, and limitations on 

22 provision of incentive under paragraph (1). 

23 (f) COVERED EMPLOYEE DEFINED.—In this section, 

24 the term ‘‘covered employee’’ means— 


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1 (1) an employee of the Division or the Adminis2 tration; or 

3 (2) any other employee of the Department that 

4 supports enforcement efforts of the Division or the 

5 Administration, as determined by the Secretary. 

6 SEC. 6. INCREASE IN STUDENT LOAN REPAYMENT FOR DE7 PARTMENT EMPLOYEES. 

8 (a) IN GENERAL.—Consistent with subsection (b), 

9 with respect to any covered employee who is otherwise eli10 gible for student loan repayments under section 5379 of 

11 title 5, United States Code— 

12 (1) subsection (b)(2)(A) of such section shall be 

13 applied by substituting ‘‘$30,000’’ for ‘‘$10,000’’; 

14 and 

15 (2) subsection (b)(2)(B) of such section shall be 

16 applied by substituting ‘‘$180,000’’ for ‘‘$60,000’’. 

17 (b) AGREEMENT.—A covered employee described in 

18 subsection (e)(2) or (3) may not receive increased student 

19 loan payment under this section until on or after the date 

20 the employee enters into a written service agreement, in 

21 such form and manner as the Secretary may prescribe, 

22 to complete a period of employment with the Department 

23 of at least 5 years. 


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1 (c) APPLICATION.—The increased loan repayment 

2 provided under subsection (a) shall cease to apply after 

3 an individual leaves employment with the Department. 

4 (d) COVERED EMPLOYEE DEFINED.—In this section, 

5 the term ‘‘covered employee’’ means any employee of the 

6 Department— 

7 (1) who has been such an employee for a period 

8 of at least five consecutive years; 

9 (2) who, on the date of enactment of this Act, 

10 has less than five years of continuous service with 

11 the Department; or 

12 (3) initially appointed to a position in the De13 partment after the date of enactment of this Act. 

14 SEC. 7. REPORTS. 

15 (a) IN GENERAL.—Not later than two years after the 

16 date of the enactment of this Act, the Secretary, in col17 laboration with the Comptroller General of the United 

18 States, shall submit to Congress and make publicly avail19 able a report that identifies necessary and recommended 

20 changes to increase the ability of the Department to en21 force Federal labor laws, including— 

22 (1) how to address the need for increased ca23 pacity at the Department, including the need for 

24 more personnel, funding, and other resources as de25 termined by the Secretary; 


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1 (2) identifying any limitations on the Secretary 

2 with respect to enforcing Federal labor laws due 

3 to— 

4 (A) the number of employees of the De5 partment; and 

6 (B) the organizational structure of the De7 partment; 

8 (3) identifying any opportunities for, and limi9 tations on the ability of, the Secretary to work with 

10 labor organizations or community-based organiza11 tions to enforce Federal labor laws; 

12 (4) how to develop a recruitment strategy in13 tended to increase outreach to, and the employment 

14 of, underrepresented populations, including through 

15 outreach and partnerships at historically Black col16 leges or universities, Hispanic-serving institutions, 

17 Tribal colleges or universities, and other minority18 serving institutions; and 

19 (5) how to best utilize incentives such as bo20 nuses, loan repayment, and other benefits to in21 crease recruitment and retention. 

22 (b) DISCRETIONARY GRANT AND REPORT.—The Sec23 retary may award a one-time grant, on a competitive 

24 basis, to an institution of higher education to— 


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1 (1) carry out a study that identifies necessary 

2 and recommended changes to increase the ability of 

3 the Department to enforce Federal labor laws; and 

4 (2) submit to Congress and the Secretary a re5 port that includes the findings from the study under 

6 paragraph (1). 

7 (c) DEFINITIONS.—In this section: 

8 (1) HISPANIC-SERVING INSTITUTION.—The 

9 term ‘‘Hispanic-serving institution’’ has the meaning 

10 given such term in section 502 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1101a). 

12 (2) HISTORICALLY BLACK COLLEGE OR UNI13 VERSITY.—The term ‘‘Historically Black College or 

14 University’’ has the meaning given the term ‘‘part B 

15 institution’’ in section 322 of the Higher Education 

16 Act of 1965 (20 U.S.C. 1061). 

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given such term in section 101 of the High20 er Education Act of 1965 (20 U.S.C. 1001). 

21 (4) LABOR ORGANIZATION.—The term ‘‘labor 

22 organization’’ has the meaning given such term in 

23 section 2 of the National Labor Relations Act (29 

24 U.S.C. 152). 


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1 (5) MINORITY-SERVING INSTITUTION.—The 

2 term ‘‘minority-serving institution’’ means an insti3 tution listed in section 371(a) of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1067q(a)). 

5 (6) TRIBAL COLLEGE OR UNIVERSITY.—The 

6 term ‘‘Tribal college or university’’ has the meaning 

7 given such term in section 316 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1059c). 

9 (7) UNDERREPRESENTED POPULATION.—The 

10 term ‘‘underrepresented population’’ means a popu11 lation of individuals (based on race, color, religion, 

12 sex (including pregnancy, sexual orientation, or gen13 der identity), national origin, age (40 or older), dis14 ability status, and genetic information (including 

15 family medical history)) who have been historically 

16 less represented, as defined by the Secretary, in the 

17 workforce of the Department of Labor. 

18 SEC. 8. GRANT PROGRAM. 

19 (a) GRANT AUTHORITY.—From the amounts appro20 priated under subsection (i), the Secretary may award 

21 grants, on a competitive basis, to States to increase the 

22 capacity of State and local departments of labor to enforce 

23 labor laws. 

24 (b) APPLICATION.—To be eligible to receive a grant 

25 under this section, a State shall submit to the Secretary 


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1 an application at such a time, in such a manner, and con2 taining such information as the Secretary may require, 

3 which shall include— 

4 (1) a description of the intended uses of grant 

5 funds; and 

6 (2) a description of the needs of the State, or 

7 a unit of general local government, with respect en8 forcing labor laws, including— 

9 (A) insufficient capacity of a department 

10 of labor or other similar agency due to insuffi11 cient personnel, funding, or other resources; 

12 and 

13 (B) whether there are case backlogs or 

14 personnel working overtime at such department, 

15 and any other relevant information; and 

16 (3) an assurance that the State will— 

17 (A) enter into a data sharing agreement as 

18 required under subsection (d); and 

19 (B) comply with subsection (f). 

20 (c) PRIORITY.—In awarding grants under this sec21 tion, the Secretary shall prioritize States that demonstrate 

22 the greatest need for assistance in enforcing labor laws, 

23 as compared to the other States submitting applications 

24 under subsection (b). 


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1 (d) DATA SHARING AGREEMENT.—Not later than 

2 two years after the receipt of a grant under this section, 

3 a State that receives such grant shall enter into a data 

4 sharing agreement with the Secretary to— 

5 (1) share investigation data related to potential 

6 and confirmed labor law violations, including— 

7 (A) the locations of such violations; 

8 (B) an identification of— 

9 (i) entities that routinely commit 

10 labor law violations; and 

11 (ii) the most common labor law viola12 tions; and 

13 (C) any other relevant information as de14 termined by the Secretary; and 

15 (2) promote communication and enforcement 

16 efforts between the Secretary and State and local 

17 departments of labor, or any agency that enforces 

18 labor laws. 

19 (e) REQUIRED USES.—A State receiving a grant 

20 under this section shall use grant funds to increase the 

21 capacity of the relevant labor enforcement department or 

22 similar agency of the State, or one or more similar agen23 cies of a unit of general local government, to enforce labor 

24 laws, by— 


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1 (1) recruiting and retaining employees in de2 partments of labor or similar agencies; 

3 (2) carrying out any activity the Secretary de4 termines necessary to increase the capacity of the 

5 State, or a unit of general local government in the 

6 State, to enforce such laws; or 

7 (3) distributing grant funds to a unit of general 

8 local government in the State for such unit to use 

9 the funds for a purpose described in paragraph (1) 

10 or (2). 

11 (f) SUPPLEMENT, NOT SUPPLANT.—A State receiv12 ing a grant under this section shall use such grant to sup13 plement, and not supplant, State and local funding for 

14 labor enforcement departments or similar agencies of such 

15 State or unit of general local government. 

16 (g) MONITORING.—The Secretary shall establish a 

17 mechanism or process to regularly monitor and audit the 

18 uses of grant funds by a State, or a unit of local govern19 ment of such State, to ensure that the funds are used in 

20 accordance with this section. 

21 (h) DEFINITIONS.—In this section: 

22 (1) LABOR LAWS.—The term ‘‘labor laws’’ in23 cludes Federal, State, and local labor laws, including 

24 child labor law, wage and hour law, occupational 

25 safety and health law, and any other relevant labor 


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1 law as determined by the Secretary, State, or unit 

2 of general local government. 

3 (2) STATE.—The term ‘‘State’’ means— 

4 (A) any of the 50 States; 

5 (B) the District of Columbia; and 

6 (C) the Commonwealth of Puerto Rico. 

7 (3) UNIT OF GENERAL LOCAL GOVERNMENT.— 

8 The term ‘‘unit of general local government’’ has the 

9 meaning given such term in section 3 of the Work10 force Innovation and Improvement Act (29 U.S.C. 

11 3102). 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $250,000,000 to carry 

14 out this section for each fiscal year. 

Æ 


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