[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1049 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1049

To amend the Fair Labor Standards Act of 1938 to reform the provisions 
                        relating to child labor.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1995

  Mr. Lantos (for himself, Mr. Brown of California, Mr. Schumer, Mrs. 
   Schroeder, Ms. Eshoo, Mr. Miller of California, Mr. Oberstar, Mr. 
   Berman, Mr. Foglietta, Mr. Frank of Massachusetts, Mr. Olver, Ms. 
 Velazquez, Ms. Woolsey, Mr. Frost, Mr. Johnston of Florida, Mr. Sabo, 
   Mr. Wynn, Mr. Yates, Mr. Ackerman, Mr. Filner, Mr. Gutierrez, Mr. 
Manton, Mr. Owens, and Mr. Vento) introduced the following bill; which 
was referred to the Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to reform the provisions 
                        relating to child labor.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE: REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Young American 
Workers' Bill of Rights''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Fair Labor Standards Act of 1938.

SEC. 2. REPORTING AND RECORDKEEPING.

    (a) Child-Labor Laws.--Section 12 (29 U.S.C. 212) is amended by 
adding at the end the following new subsection:
    ``(e)(1) The Secretary and the United States Census Bureau shall 
compile annually data from respective State employment security 
agencies in all the States (A) on the types of industries and 
occupations in which children under the age of 18 are employed, and (B) 
on cases in which it was determined that children were employed in 
violation of this section.
    ``(2) If a minor in the course of employment suffers death or an 
injury or illness resulting in lost work time of at least 1 working 
day, not later than 5 days after the death, injury, or illness, the 
employer of the minor shall provide to the State agency a written 
description of the death, injury, or illness.
    ``(3) The Secretary of Health and Human Services, in conjunction 
with the Secretary of Labor, shall issue an annual report on the status 
of child labor in the United States and its attendant safety and health 
hazards.''.

SEC. 3. CERTIFICATES OF EMPLOYMENT.

    Section 12 (29 U.S.C. 212), as amended by section 2, is further 
amended by adding at the end the following new subsection:
    ``(f)(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 `parents' means the biological parents of a 
        minor or other individual standing in loco parentis 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 and the minor's rights under such 
requirements.
    ``(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) proof of age of the minor;
            ``(C) if the minor is under the age of 18--
                    ``(i) a written statement by the parents of the 
                minor that the parents grant consent for employment of 
                the minor;
                    ``(ii) written verification from the minor's school 
                that the minor is meeting at least the minimum school 
                attendance requirements established by the State and 
                that such employment will not interfere with the 
                schooling of the minor; and
            ``(D) the employer's name, address, signature; and
            ``(E) with respect to the employment--
                    ``(i) a statement on the nature of the work to be 
                performed;
                    ``(ii) the daily and weekly hours, and
                    ``(iii) the times of day in which the work is to be 
                performed.
    ``(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 for 1 year after the date of issuance of the 
certificate or for the duration of the permitted employment, whichever 
is shorter.
    ``(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) a minor will not be employed more than 3 hours per 
        day or more than 15 hours per week and shall be prohibited from 
        working before 7 a.m. and after 7 p.m. when school is in 
        session if such minor is between 14 and 16 years of age and 
        will not be employed more than 4 hours per school day or more 
        than 20 hours per week and shall be prohibited from working 
        before 6 a.m. and after 10 p.m. when school is in session if 
        such minor is between 16 and 18 years of age; and
            ``(C) 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 18 to the parent of the 
minor who granted consent pursuant to paragraph (4) and to the local 
school district where the minor is enrolled.
    ``(9) If an employer employs a minor, not later than 14 days after 
the date of the commencement of employment of the minor, the employer 
shall provide to the State agency written notice of the name and 
occupation of the minor and the number of the certificate of employment 
issued to the minor.
    ``(10) Each employer shall post a copy of the provisions of this 
Act relating to child labor at each premise of a worksite where one or 
more minors is employed.
    ``(11) 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. 4. REVISIONS OF ORDERS AND REGULATIONS.

    (a) Orders.--
            (1) In the administration of the Fair Labor Standards Act 
        of 1938, the Secretary of Labor shall make the following 
        revisions in the Secretary's child labor orders published in 
        subpart E of part 570 of title 29, Code of Federal Regulations:
                    (A) The exemption provided in Order No. 2 (29 
                C.F.R. 570.52) shall apply to minors who are at least 
                17 years of age and to driving that is secondary and 
                incidental to the minor's main occupation. Such 
                exemption would be limited to 20 percent of the minor's 
                work in any workday and may not exceed 5 percent of the 
                minor's work in any workweek.
                    (B) Order No. 10 (29 C.F.R. 570.61) shall apply 
                with respect to restaurants and fast food 
                establishments. Such order shall prohibit individuals 
                under the age of 18 from cleaning any machinery 
                irrespective of who has disassembled the machinery.
            (2) In the administration of the Fair Labor Standards Act 
        of 1938, the Secretary of Labor shall find and declare that 
        poultry processing, seafood processing, paper baling, power 
        driven meat slicing, and pesticide handling are occupations 
        that are particularly hazardous for the employment of children 
        between the ages of 16 and 18 for purposes of section 3(l) of 
        the Fair Labor Standards Act of 1938.
    (b) Child Labor Regulations.--Under child labor regulation No. 3 
(subpart C of 29 C.F.R. 570 et seq.)--
            (1) individuals under 16 shall be prohibited from making 
        door-to-door sales for profit,
            (2) individuals under 16 shall be prohibited from using 
        fryers, baking equipment, and cooking equipment in food service 
        establishments, and
            (3) strike out in section 570.34(b)(5) ``(except at soda 
        fountains, lunch counters, snack bars, or cafeteria serving 
        counters)''.

SEC. 5. CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.

    (a) Willful Violations That Cause Injury or Death.--Section 16 (29 
U.S.C. 216) is amended by adding at the end the following new 
subsection:
    ``(f) Any person who willfully violates the provisions of section 
12, relating to child labor, or any regulation issued under such 
section, shall, on conviction be punished--
            ``(1) in the case of a willful violation that causes 
        serious bodily injury to an employee described in section 3(l) 
        but does not cause death to the employee, by a fine in 
        accordance with section 3571 of title 18, United States Code, 
        or by imprisonment for not more than 5 years, or by both, 
        except that if the conviction is for a willful violation 
        committed after a first conviction of the person, the person 
        shall be punished by a fine in accordance with section 3571 of 
        such title 18 or by imprisonment for not more than 10 years, or 
        by both; or
            ``(2) in the case of a willful violation that causes death 
        to an employee described in section 3(l), by a fine in 
        accordance with section 3571 of such title 18 or by 
        imprisonment for not more than 10 years, or by both, except 
        that if the conviction is for a willful violation committed 
        after a first conviction of the person, the person shall be 
        punished by a fine in accordance with section 3571 of such 
        title 18 or by imprisonment for not more than 20 years, or by 
        both.''.
    (b) No Prior Offense Prerequisite for Child Labor Violation.--The 
second sentence of section 16(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. 6. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.

    Section 16(e) (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 5 years after the date of such additional 
        violation;
            ``(B) to pay the training wage authorized by section 6 of 
        the Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 
        note); or
            ``(C) to employ a minor for a period of 5 years from the 
        date of such violation.''.

SEC. 7. CIVIL ACTIONS FOR CHILD LABOR VIOLATIONS.

    Section 16 (29 U.S.C. 216), as amended by section 5, is amended by 
adding at the end the following:
    ``(g) Any employer who violates section 12 shall be liable for such 
legal or equitable relief as may be appropriate. An action to recover 
such relief may be brought against any employer in any Federal or State 
court of competent jurisdiction by any employee subject to the 
protections of section 12 or by the employee's survivors. The court in 
such an action shall, in addition to any other judgment awarded to the 
plaintiff, allow a reasonable attorney's fee to be paid by the 
defendant and costs of the action. If the employee or the employee's 
survivors obtain a judgment under this subsection and also seek 
recovery for the same violation through State worker's compensation, 
this subsection does not preclude a State from choosing to offset 
recovery obtained under this subsection against recovery provided 
through State worker's compensation.''.

SEC. 8. COORDINATION.

    (a) In General.--The Secretary of Labor shall establish and 
encourage closer working relationships among Federal and State agencies 
having responsibility for enforcing labor, safety and health, and 
immigration laws.
    (b) Referrals.--
            (1) The Secretary of Labor shall establish a referral 
        system under which employees engaged in the enforcement of the 
        Fair Labor Standards Act of 1938 and the Occupational Safety 
        and Health Act of 1970 shall--
                    (A) exchange information about suspected violators 
                of the Acts and monitor the results of referrals to 
                each other, and
                    (B) provide basic training to each other's staffs 
                concerning the requirements of such Acts.
            (2) The Secretary of Labor shall require employees engaged 
        in the enforcement of the Fair Labor Standards Act of 1938 and 
        the Occupational Safety and Health Act of 1970 to establish a 
        referral system with--
                    (A) employees of the Immigration and Naturalization 
                Service engaged in the enforcement of the Immigration 
                and Nationality Act, and
                    (B) employees of Departments of Labor of the States 
                engaged in the enforcement of State minimum wage and 
                occupational safety and health laws.
        The Immigration and Naturalization Service and the State 
        Departments of Labor shall each be encouraged by the Secretary 
        of Labor to establish information exchanges and, to the extent 
        practicable, provided training to each other's staffs 
        concerning the requirements of the Acts enforced by the 
        respective agencies.
    (c) Advice From Private and Public Sectors.--The Secretary shall 
seek information and advice from representative elements of the private 
sector and the non-Federal governmental sector with respect to the 
provisions of the Fair Labor Standards Act of 1938 and corresponding 
regulations as they pertain to the employment of minors.
    (d) Advisory Committee.--The Secretary shall establish an Advisory 
Committee for Child Labor to provide overall policy advice on matters 
referred to in subsection (c). The Committee shall be composed of not 
less than 21 individuals, and shall include representatives of 
government, labor, industry, education, agriculture, health 
professions, small business, youth, service industries, retailers, 
consumer interests, human rights, child welfare, and the general 
public. The Committee shall meet quarterly at the call of the Secretary 
or upon the call of a majority of the Committee, a quorum being 
present. The Chairperson of the Committee shall be elected by the 
Committee from among its members. Members of the Committee shall be 
appointed by the President for a period of 4 years and may be 
reappointed for one or more additional periods. The Secretary shall 
make available to the Committee such staff, information, personnel, and 
administrative services and assistance as it may reasonably require to 
carry out its activities.

SEC. 9. PUBLICATION OF VIOLATORS.

    (a) In General.--The Secretary of Labor shall publish and 
disseminate the names and addresses of each person who has willfully 
violated the provisions of section 12 of the Fair Labor Standards Act 
of 1938 relating to child labor or any regulation under such section 
and the types of violations committed by such person and shall 
distribute the publication regionally.
    (b) Notice to School Districts.--The Secretary shall post and 
otherwise make available to affected school districts the name of each 
employer who violates the provisions of section 12 of the Fair Labor 
Standards Act of 1938, relating to child labor, or any regulation 
issued under such section together with a description of the location 
and nature of the violation.

SEC. 10. COVERAGE.

    The provisions of sections 12 and 16(e) of the Fair Labor Standards 
Act of 1938 shall apply to employers regardless of the annual dollar 
volume of sales whereby certain enterprises are exempted from coverage 
under such Act.

SEC. 11. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL 
              WORKERS.

    (a) Definition of Oppressive Child Labor.--The first sentence of 
section 3(l) (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 by an 
        employer as a migrant agricultural worker (as defined in 
        section 3(8) of the Migrant and Seasonal Agricultural 
        Protection Act (29 U.S.C. 1802(8)) or seasonal agricultural 
        worker (as defined in section 3(10) of such Act)''.
    (b) Exemptions.--Section 13 (29 U.S.C. 213) is amended--
            (1) in subsection (a)(6), by inserting before the semicolon 
        at the end the following: ``, except that this paragraph shall 
        not apply to an employee described in section 3(l)(3)''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``Except as 
                provided in paragraph (2) or (4)'' and inserting 
                ``Except as provided in paragraph (2), (4), or (5)''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
    ``(5) The provisions of section 12 relating to child labor shall 
apply to an employee described in section 3(l)(3).''.

SEC. 12. 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. 13. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary of Labor 
such sums as may be necessary for the additional costs resulting from 
the amendments made by sections 2 and 5.

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