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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6634 Introduced in House (IH)]

<DOC>

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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