[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2327 Engrossed in House (EH)]


  2d Session

                               H. R. 2327

_______________________________________________________________________

                                 AN ACT

     To provide for a change in the exemption from the child labor 
 provisions of the Fair Labor Standards Act of 1938 for minors who are 
  17 years of age and who engage in the operation of automobiles and 
                                trucks.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 2327

_______________________________________________________________________

                                 AN ACT


 
     To provide for a change in the exemption from the child labor 
 provisions of the Fair Labor Standards Act of 1938 for minors who are 
  17 years of age and who engage in the operation of automobiles and 
                                trucks.

    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 ``Drive for Teen Employment Act''.

SEC. 2. AUTHORITY FOR MINORS TO OPERATE MOTOR VEHICLES.

    (a) Amendment.--Section 13(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(c)) is amended by adding at the end the following:
    ``(6) In the administration and enforcement of the child labor 
provisions of this Act, employees who are under 17 years of age may not 
drive automobiles or trucks on public roadways. Employees who are 17 
years of age may drive automobiles or trucks on public roadways only 
if--
            ``(A) such driving is restricted to daylight hours;
            ``(B) the employee holds a State license valid for the type 
        of driving involved in the job performed and has no records of 
        any moving violation at the time of hire;
            ``(C) the employee has successfully completed a State 
        approved driver education course;
            ``(D) the automobile or truck is equipped with a seat belt 
        for the driver and any passengers and the employee's employer 
        has instructed the employee that the seat belts must be used 
        when driving the automobile or truck;
            ``(E) the automobile or truck does not exceed 6,000 pounds 
        of gross vehicle weight;
            ``(F) such driving does not involve--
                    ``(i) the towing of vehicles;
                    ``(ii) route deliveries or route sales;
                    ``(iii) the transportation for hire of property, 
                goods, or passengers;
                    ``(iv) urgent, time-sensitive deliveries;
                    ``(v) more than two trips away from the primary 
                place of employment in any single day for the purpose 
                of delivering goods of the employee's employer to a 
                customer (other than urgent, time-sensitive 
                deliveries);
                    ``(vi) more than two trips away from the primary 
                place of employment in any single day for the purpose 
                of transporting passengers (other than employees of the 
                employer);
                    ``(vii) transporting more than three passengers 
                (including employees of the employer); or
                    ``(viii) driving beyond a 30 mile radius from the 
                employee's place of employment; and
            ``(G) such driving is only occasional and incidental to the 
        employee's employment.
For purposes of subparagraph (G), the term `occasional and incidental' 
is no more than one-third of an employee's worktime in any workday and 
no more than 20 percent of an employee's worktime in any workweek.''.
    (b) Effective Date.--The amendment made by subsection (a) defining 
the term ``occasional and incidental'' shall apply to all pending 
cases, actions, or citations in which a final judgment has not been 
entered, except that it shall not apply to any case, action, or 
citation involving property damage or personal injury.

            Passed the House of Representatives September 28, 1998.

            Attest:

                                                                 Clerk.