US Codex
Bill
Notes

Title IV — Workforce

S. 4306 · 116th Congress · Jul 23, 2020 · Lineage

IV Workforce

Sec. 401 Minimum wage increases

(a)
Minimum wage increases—
(1)
In general— Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

“(1) except as otherwise provided in this section, not less than—

“(A) $8.55 an hour, beginning on the effective date under section 401(f) of the Marshall Plan for Coal Country Act of 2020;

“(B) $9.85 an hour, beginning 1 year after such effective date;

“(C) $11.15 an hour, beginning 2 years after such effective date;

“(D) $12.45 an hour, beginning 3 years after such effective date;

“(E) $13.75 an hour, beginning 4 years after such effective date;

“(F) $15.00 an hour, beginning 5 years after such effective date; and

“(G) beginning on the date that is 6 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);”

(2)
Determination based on increase in the median hourly wage of all employees— Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

“(h)

“(1) Not later than each date that is 90 days before a new minimum wage rate determined under subsection (a)(1)(G) is to take effect, the Secretary shall determine the minimum wage rate to be in effect under this subsection for each period described in subsection (a)(1)(G). The wage rate determined under this subsection for a year shall be—

“(A) not less than the amount in effect under subsection (a)(1) on the date of such determination;

“(B) increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and

“(C) rounded up to the nearest multiple of $0.05.

“(2) In calculating the annual percentage increase in the median hourly wage rate of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.”

(b)
Tipped employees—
(1)
Base minimum wage for tipped employees and tips retained by employees— Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:

“(i) the cash wage rate paid such employee, which for purposes of such determination shall be not less than—

“(I) for the 1-year period beginning on the effective date under section 401 of the Marshall Plan for Coal Country Act of 2020, $3.60 an hour;

“(II) for each succeeding 1-year period until the wage rate under this clause equals the wage rate in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of—

“(aa) $1.50; or

“(bb) the amount necessary for the wage rate in effect under this clause to equal the wage rate in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and

“(III) for each succeeding 1-year period after the increase made pursuant to subclause (II), the minimum wage rate in effect under section 6(a)(1); and”

(2)
Tips retained by employees— Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended—
(A)
in the second sentence of the matter following clause (ii), by striking “of this subsection, and all tips received by such employee have been retained by the employee” and inserting “of this subsection. Any employee shall have the right to retain any tips received by such employee”; and
(B)
by adding at the end the following: “An employer shall inform each employee of the right and exception provided under the preceding sentence.”.
(3)
Scheduled repeal of separate minimum wage for tipped employees—
(A)
Tipped employees— Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by paragraphs (1) and (2), is further amended by striking the sentence beginning with “In determining the wage an employer is required to pay a tipped employee,” and all that follows through “of this subsection.” and inserting “The wage rate required to be paid to a tipped employee shall be the wage rate set forth in section 6(a)(1).”.
(B)
Publication of notice— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by subsection (d), is further amended by striking “or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i)”.
(C)
Effective date— The amendments made by subparagraphs (A) and (B) shall take effect on the date that is one day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by paragraph (1), takes effect.
(c)
Newly hired employees who are less than 20 years old—
(1)
Base minimum wage for newly hired employees who are less than 20 years old— Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking “a wage which is not less than $4.25 an hour.” and inserting the following:

“(A) for the 1-year period beginning on the effective date under section 7 of the Marshall Plan for Coal Country Act of 2020, $5.50 an hour;

“(B) for each succeeding 1-year period until the hourly wage under this paragraph equals the hourly wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of—

“(i) $1.25; or

“(ii) the amount necessary for the wage rate in effect under this paragraph to equal the wage rate in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and

“(C) for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage rate in effect under section 6(a)(1).”

(2)
Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old—
(A)
In general— Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by paragraph (1), shall be repealed.
(B)
Publication of notice— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by subsection (b)(3)(B), is further amended by striking “or subparagraph (B) or (C) of subsection (g)(1),”.
(C)
Effective date— The repeal and amendment made by subparagraphs (A) and (B), respectively, shall take effect on the date that is one day after the date on which the wage rate under subparagraph (C) of section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by paragraph (1), takes effect.
(d)
Publication of notice— Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by the preceding subsections, is further amended by adding at the end the following:

“(i) Not later than 60 days prior to the effective date of any increase in the required wage rate determined under subsection (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage rate.”

(e)
Promoting economic self-Sufficiency for individuals with disabilities—
(1)
Wages—
(A)
Transition to fair wages for individuals with disabilities— Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)(a)) is amended to read as follows:

“(A) at a rate that equals, or exceeds, for each year, the greater of—

“(i)

“(I) $4.25 an hour, beginning 1 year after the date the wage rate specified in section 6(a)(1)(A) takes effect;

“(II) $6.40 an hour, beginning 2 years after such date;

“(III) $8.55 an hour, beginning 3 years after such date;

“(IV) $10.70 an hour, beginning 4 years after such date;

“(V) $12.85 an hour, beginning 5 years after such date; and

“(VI) the wage rate in effect under section 6(a)(1), on the date that is 6 years after the date the wage rate specified in section 6(a)(1)(A) takes effect; or

“(ii) if applicable, the wage rate in effect on the day before the date of enactment of the Marshall Plan for Coal Country Act of 2020 for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is being determined under this subparagraph,”

(B)
Prohibition on new special certificates; sunset— Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by subparagraph (A)) is further amended by adding at the end the following:

“(6) Prohibition on new special certificates—Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Marshall Plan for Coal Country Act of 2020.

“(7) Sunset—Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect.

“(8) Transition assistance—Upon request, the Secretary shall provide—

“(A) technical assistance and information to employers issued a special certificate under this subsection for the purposes of—

“(i) transitioning the practices of such employers to comply with this subsection, as amended by the Marshall Plan for Coal Country Act of 2020; and

“(ii) ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection; and

“(B) information to individuals employed at a special minimum wage rate under this subsection, which may include referrals to Federal or State entities with expertise in competitive integrated employment.”

(C)
Effective date— The amendments made by this paragraph shall take effect on the date of enactment of this Act.
(2)
Publication of notice—
(A)
Amendment— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by subsection (c)(2)(B), is further amended by striking “or section 14(c)(1)(A),”.
(B)
Effective date— The amendment made by subparagraph (A) shall take effect on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) of section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by paragraph (1)(A), takes effect.
(f)
General effective date— Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of enactment of this Act.

Sec. 402 Coal community benefits

(a)
Coal Community Homebuying Program—
(1)
Definitions— In this subsection:
(A)
Covered loan— The term covered loan means a loan made under the Program.
(B)
Disability— The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
(C)
Eligible entity— The term eligible entity means a State, a unit of general local government, or an Indian tribe.
(D)
Eligible household— The term eligible household means a household located in a community that is located not more 50 miles from a closed power plant of a coal mine.
(E)
Grantee— The term grantee means an eligible entity that is awarded a Program grant.
(F)
Household— The term household means any individual or group of individuals who are living together as 1 economic unit.
(G)
Program— The term Program means the Coal Community Homebuying Program established by the Secretary under paragraph (2)(A).
(H)
Program grant— The term Program grant means a grant awarded under the Program.
(I)
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(2)
Program—
(A)
Establishment— Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a program—
(i)
that shall be known as the Coal Community Homebuying Program; and
(ii)
under which the Secretary shall award grants to eligible entities that the eligible entities shall use to make loans to eligible households to purchase homes.
(B)
Eligibility— An eligible entity desiring a Program grant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(C)
Priority— In awarding Program grants, the Secretary shall give priority to eligible entities that will make loans to low-income eligible households, eligible households with an individual with a disability, and eligible households with children.
(D)
Program grants—
(i)
Use— A grantee shall use funds awarded under a Program grant to make loans to eligible households.
(ii)
Limitation— A loan made using funds awarded under a Program grant may not require a down payment.
(iii)
Interest rate— A loan made using funds awarded under a Program grant may be made at an interest rate of not more than 4 percent.
(iv)
Administrative costs— A grantee may use not more than 5 percent of the amount of funds received under a Program grant for administrative costs relating to making loans to eligible homeowners using funds awarded under the Program grant.
(3)
Reports—
(A)
Grantee reports— Each grantee shall, not later than 6 months after the date on which the grantee is awarded a Program grant, and every 6 months thereafter in which the grantee makes loans using funds awarded under the Program grant, submit to the Secretary a report on the loans made using funds awarded under the Program grant.
(B)
HUD reports— Not later than 1 year after the date on which the Secretary establishes the Program, and not less frequently than annually thereafter, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the activities carried out, grants awarded, and loans made under the Program.
(4)
Regulations— Not later than 6 months after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out the Program.
(5)
Authorization of appropriations— There are authorized to be appropriated to the Secretary for the period of fiscal years 2020 through 2025 $5,000,000,000 to carry out the Program.
(b)
Free higher education for impacted individuals—
(1)
Definitions— In this section:
(A)
Employment loss— The term employment loss means a discharge from employment other than a discharge for cause, voluntary departure, or retirement.
(B)
Impacted individual— The term impacted individual means an individual who has suffered an employment loss at a coal power plant or coal mine, or the son or daughter of an individual who has suffered an employment loss at a coal power plant or coal mine.
(C)
Institution of higher education— The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(D)
Secretary— The term Secretary means the Secretary of Education.
(2)
In general— From amounts made available to carry out this subsection, the Secretary shall carry out a program of providing funds to impacted individuals to pay for the costs of tuition and fees for the impacted individuals to earn an associate degree or baccalaureate degree, or to complete a career or technical education program, at a public institution of higher education.
(3)
Application process— An impacted individual desiring funds under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.
(4)
Authorization of appropriations— There are authorized to be appropriated to carry out this subsection $1,000,000,000 for each of fiscal years 2020 through 2025.

Sec. 403 Decommissioning work

(a)
Requirement— The Worker Adjustment and Retraining Notification Act is amended by inserting after section 5 (29 U.S.C. 2104) the following:

“5A. Decommissioning work

“(a) Definition—In this section:

“(1) Coal power plant—The term coal power plant means an electrical power generating station at which coal is the fuel that creates the heat energy of combustion.

“(2) Covered plant closing—The term covered plant closing means a plant closing of a coal power plant.

“(3) Decommissioning—The term decommissioning means the process of shutting down a coal power plant (including removing equipment and materials, complying with permits, demolishing buildings as necessary, and cleaning up contamination) to support new use of the plant, in accordance with regulations issued by the Secretary of Energy after consultation with the Administrator of the Environmental Protection Agency.

“(b) Requirement

“(1) If an employer is required to serve written notice under section 3(a) with respect to a covered plant closing, the employer shall offer to enter into, and negotiate in good faith, an agreement with an employee representative described in paragraph (2), to engage employees at the plant in employment related to decommissioning the plant.

“(2) The employee representative may be a labor organization or another representative (whether or not selected for the purposes of participating in the negotiations).”

(b)
Enforcement— Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2014) is amended—
(1)
in subsection (a)(4), by striking “this Act” each place it appears and inserting “section 3”;
(2)
in the first sentence of subsection (b), by striking “this Act” and inserting “section 3”;
(3)
by redesignating subsection (b) as subsection (c); and
(4)
by inserting after subsection (a) the following:

“(b) Failure To offer decommissioning work—The Secretary may assess a civil penalty against an employer who violates the provisions of section 5A. The civil penalty shall be in amount based on the size of the business of the employer, measured as the average, over the past 10 years preceding the assessment, of the annual amount of property tax paid by the employer to the corresponding unit of local government.”

(c)
Regulations— Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall issue the regulations described in section 5A(a)(3) of the Worker Adjustment and Retraining Notification Act, as inserted by subsection (a).