[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3100 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3100

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 22), 2000

Mr. Harkin (for himself, Mr. Rockefeller, Mr. Wellstone, and Mr. Kerry) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 ``Children's Act for 
Responsible Employment'' or ``CARE Act''.
    (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 (29 U.S.C. 201 
et seq.).

SEC. 2. AGRICULTURAL EMPLOYMENT.

    Section 13(c) (29 U.S.C. 213(c)) is amended--
            (1) by striking paragraph (1) and inserting the following:
    ``(1) The provisions of section 12 relating to child labor shall 
not apply to any employee employed in agriculture outside of school 
hours for the school district where such employee is living while he or 
she is so employed, if such employee is employed by his or her parent 
or legal guardian, on a farm owned or operated by such parent or legal 
guardian.''; and
            (2) by striking paragraphs (2) and (4).

SEC. 3. YOUTH PEDDLING.

    (a) Fair Labor Standards Act Coverage.--
            (1) Finding.--The last sentence of section 2(a) (29 U.S.C. 
        202(a)) is amended by inserting after ``households'' the 
        following: ``, and the employment of employees under the age of 
        16 years in youth peddling,''.
            (2) Definition.--Section 3 (29 U.S.C. 203) is amended by 
        adding at the end the following:
    ``(z) `Youth peddling' means selling goods or services to customers 
at their residences, places of business, or public places such as 
street corners or public transportation stations. `Youth peddling' does 
not include the activities of persons who, as volunteers, sell goods or 
services on behalf of not-for-profit organizations.''.
    (b) Definition of Oppressive Child Labor.--Section 3(l) (29 U.S.C. 
203(l)) is amended--
            (1) in paragraph (1) of the first sentence, by inserting 
        ``youth peddling,'' after ``occupation other than''; and
            (2) in the last sentence by inserting ``youth peddling,'' 
        after ``occupations other than''.
    (c) Prohibition of Youth Peddling.--Section 12(c) (29 U.S.C. 
212(c)) is amended by inserting after ``oppressive child labor in 
commerce or in the production of goods for commerce'' the following: 
``, or in youth peddling,''.

SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.

    (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is 
amended in the first sentence--
            (1) by striking ``$10,000'' and inserting ``$15,000'';
            (2) by inserting after ``subject to a civil penalty of'' 
        the following: ``not less than $500 and''.
    (b) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is 
amended by adding at the end the following: ``Any person who violates 
the provisions of section 15(a)(4), concerning oppressive child labor, 
shall on conviction be subject to a fine of not more than $15,000, or 
to imprisonment for not more than 5 years, or both, in the case of a 
willful or repeat violation that results in or contributes to a 
fatality of a minor employee or a permanent disability of a minor 
employee, or a violation which is concurrent with a criminal violation 
of any other provision of this Act or of any other Federal or State 
law.''.

SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR.

    Section 12(a) (29 U.S.C. 212(a)) is amended by striking the period 
at the end and inserting the following: ``: And provided further, that 
the Secretary shall determine the circumstances under which such goods 
may be allowed to be shipped or delivered for shipment in interstate 
commerce.''.

SEC. 6. COORDINATION.

    Section 4 (29 U.S.C. 204) is amended by adding at the end the 
following:
    ``(g) The Secretary shall encourage and establish closer working 
relationships with non-governmental organizations and with State and 
local government agencies having responsibility for administering and 
enforcing labor and safety and health laws. Upon the request of the 
Secretary, and to the extent permissible under applicable law, State 
and local government agencies with information regarding injuries and 
deaths of employees shall submit such information to the Secretary for 
use as appropriate in the enforcement of section 12 and in the 
promulgation and interpretation of the regulations and orders 
authorized by section 3(l). The Secretary may reimburse such State and 
local government agencies for such services.''.

SEC. 7. REGULATIONS.

    (a) In General.--The Secretary of Labor shall promulgate such 
regulations as may be necessary to carry out this Act and the 
amendments made by this Act. Such regulations shall be promulgated 
through notice and comment rulemaking in accordance with chapter 5 of 
title 5, United States Code, taking into consideration the best 
available data and including procedures to obtain and consider the 
views of interested parties, such as agricultural employers, workers, 
and injury prevention experts.
    (b) Existing Regulations.--
            (1) In general.--The regulations of the Secretary of Labor 
        that are in effect on the date of enactment of this Act which 
        identify occupations in agriculture that are particularly 
        hazardous for the employment of children under the age of 16 
        (contained in section 570.71 of title 29, Code of Federal 
        Regulations) shall continue in effect until superseded by 
        regulations promulgated under subsection (a). Prior to the 
        promulgation of such regulations, children ages 14 and 15 may 
        be employed outside of school hours, in occupations in 
        agriculture other than the occupations that are identified in 
        the regulations referred to in the proceeding sentence as being 
        particularly hazardous.
            (2) Applicability.--The regulations referred to in 
        paragraph (1) that are in effect on the date of enactment of 
        this Act, shall be applicable only to the employment of 
        children under the age of 16.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to restrict the agricultural occupations in which 
        children ages 16 and 17 may be employed until such time as the 
        Secretary of Labor promulgates regulations pursuant to 
        subsection (a) to identify agricultural occupations that are 
        particularly hazardous for the employment of such children, or 
        detrimental to their health or well-being.
    (c) Consultation.--With respect to the promulgation of regulations 
to identify agricultural occupations which are particularly hazardous 
for the employment of children under the age of 18 or detrimental to 
the health or well-being of such children, the Secretary of Labor shall 
consult and collaborate with the Secretary of Agriculture, and shall 
include in such regulations a process by which children may be employed 
in such occupations as vocational agriculture student-learners so long 
as such children have successfully completed a Cooperative State 
Research, Education, and Extension Service training program or have 
successfully completed a bona fide agricultural education training 
program. During the rulemaking process under this section, the 
Secretary of Agriculture shall cooperate with the Secretary of Labor, 
including providing advice and technical expertise.

SEC. 8. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary of Labor 
such sums as may be necessary for to carry out this Act and the 
amendments made by this Act.
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