[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 86 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 86

To amend the Fair Labor Standards Act of 1938 to improve enforcement of 
    the child labor provisions of such Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Metzenbaum (for himself, Mr. Kennedy, and Mr. Dodd) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to improve enforcement of 
    the child labor provisions of such Act, 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.

    This Act may be cited as the ``Child Labor Amendments of 1993''.

                    TITLE I--CHILD LABOR PROVISIONS

SEC. 101. NO PRIOR OFFENSE PREREQUISITE FOR CHILD LABOR VIOLATION.

    The second sentence of section 16(a) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(a)) is amended by inserting before the 
period at the end the following: ``, except that this sentence shall 
not apply to a violation of section 12''.

SEC. 102. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.

    Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216(e)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1)'' after the subsection designation;
            (3) by adding at the end the following new paragraphs:
    ``(2) Any person who willfully violates the provisions of section 
12, relating to child labor, or any regulation issued under such 
section, on more than one occasion, shall, on such additional 
violation, be ineligible--
            ``(A) for any grant, contract, or loan provided by an 
        agency of the United States or by appropriated funds of the 
        United States, for 3 years after the date of such additional 
        violation; or
            ``(B) to pay the training wage authorized by section 6 of 
        Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note),
unless the Secretary otherwise recommends, because of unusual 
circumstances.
    ``(3) The Secretary shall make available to affected school 
districts for posting and distribution the name of each employer who 
violates the provisions of section 12, relating to child labor, or any 
regulation issued under such section, together with a description of 
the location and nature of the violation.''.

SEC. 103. CERTIFICATES OF EMPLOYMENT.

    Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) 
is amended by adding at the end the following new subsection:
    ``(e)(1) As used in this subsection:
            ``(A) The term `minor' means an individual who is under the 
        age of 18 and who has not received a high school diploma or its 
        equivalent.
            ``(B) The term `parent' means a biological parent of a 
        minor or other individual standing in place of the parent to a 
        minor.
    ``(2) No employer shall employ a minor unless the minor possesses a 
valid certificate of employment issued in accordance with this 
subsection.
    ``(3) The Governor of a State shall designate a State agency to 
issue certificates of employment to minors in the State. The agency 
shall make available, on request, a form for the application described 
in paragraph (4) and shall make available, as part of the certification 
process, materials describing applicable Federal requirements governing 
the employment of minors.
    ``(4) To be eligible to receive a certificate of employment, a 
minor must submit to the appropriate State agency an application that 
contains--
            ``(A) the name and address of the minor;
            ``(B) the name and address of the employer;
            ``(C) proof of age of the minor; and
            ``(D) if the minor is under the age of 16--
                    ``(i) a written statement by a parent of the minor 
                that the parent grants consent for employment of the 
                minor; and
                    ``(ii) written verification from the minor's school 
                that the minor is meeting any applicable minimum school 
                attendance requirements established under State law.
    ``(5) On receipt of an application under paragraph (4), a State 
agency shall issue to the minor--
            ``(A) a certificate of employment, if the requirements of 
        paragraph (4) are met; or
            ``(B) a statement of the denial of a certificate of 
        employment (including the reasons for the denial), if the 
        requirements of paragraph (4) are not met.
    ``(6) A certificate of employment issued to a minor under this 
subsection shall be valid during the period in which the minor is 
employed by the employer listed on the certificate.
    ``(7) A certificate of employment issued to a minor under this 
subsection shall indicate--
            ``(A) the name, address, and date of birth of the minor;
            ``(B) the name and address of the employer;
            ``(C) restrictions on the times of day and maximum number 
        of hours the minor may be employed and on the employment of the 
        minor in hazardous occupations; and
            ``(D) the name, address, and telephone number of the State 
        agency that may be contacted for additional information 
        concerning applicable Federal requirements governing the 
        employment of minors.
    ``(8) The State agency shall provide a copy of a certificate of 
employment issued to a minor under the age of 16 to the parent of the 
minor who granted consent pursuant to paragraph (4).
    ``(9) A State agency shall report annually to the Secretary 
concerning certificates of employment issued under this subsection. The 
agency shall include such information as the Secretary requires 
(including information on the number of deaths and injuries of minors 
reported pursuant to subsection (f)).''.

SEC. 104. INFORMATION ON DEATHS AND INJURIES INVOLVING MINORS; 
              INFORMATION DESCRIBING PROVISIONS OF FEDERAL CHILD LABOR 
              LAW.

    Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) 
(as amended by section 103 of this Act) is further amended by adding at 
the end the following new subsections:
    ``(f) If a minor in the course of employment suffers death, or an 
injury resulting in lost work time of more than 3 working days, not 
later than 10 days after the employer of the minor obtains knowledge of 
the death or injury, such employer shall provide to the State agency a 
written description of the death or injury.
    ``(g) The Secretary shall prepare and distribute to State 
employment agencies written materials (suitable for posting and mass 
distribution) that describe the provisions of Federal law and 
regulations governing the employment of minors.''.

SEC. 105. HAZARDOUS CHILD LABOR OCCUPATIONS.

    Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(l)) is amended by adding at the end the following new sentence: 
``The Secretary shall find and by order declare that poultry 
processing, fish and seafood processing, and pesticide handling (among 
other occupations declared by the Secretary) are occupations that are 
particularly hazardous for the employment of children between the ages 
of 16 and 18 for purposes of this subsection.''.

SEC. 106. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL 
              WORKERS.

    (a) Definition of Oppressive Child Labor.--The first sentence of 
section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) 
is amended--
            (1) by striking ``or'' before ``(2)''; and
            (2) by inserting before the semicolon the following: ``, or 
        (3) any employee under the age of 14 years is employed in 
        agriculture, except where such employee is employed by a parent 
        of the employee, or by a person standing in the place of a 
        parent of the employee, on a farm owned or operated by such 
        parent or person''.
    (b) Exemptions.--Section 13(c) of such Act (29 U.S.C. 213(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``(2) or (4)'' and inserting 
                ``(2)''; and
                    (B) by striking ``employed, if such employee--'' 
                and all that follows through the end and inserting 
                ``employed, if such employee is 14 years of age or 
                older.''; and
            (2) by striking paragraph (4).

SEC. 107. REPORTS.

    Not later than 1, 2, and 3 years after the date of enactment of 
this Act, the Secretary of Labor shall provide to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Labor and Human Resources of the Senate a report on actions taken to 
carry out, and the effect of, this title and the amendments made by 
this title, including national and State-by-State information on--
            (1) certificates of employment issued to minors under 
        section 12(e) of the Fair Labor Standards Act of 1938 (as added 
        by section 103 of this Act); and
            (2) deaths and injuries of minors occurring in the course 
        of employment that are reported under section 12(f) of the Fair 
        Labor Standards Act of 1938 (as added by section 104 of this 
        Act).

                        TITLE II--MISCELLANEOUS

SEC. 201. REGULATIONS.

    The Secretary of Labor shall issue such regulations as are 
necessary to carry out this Act and the amendments made by this Act.

SEC. 202. EFFECTIVE DATE.

    This Act shall become effective 180 days after the date of 
enactment of this Act.

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