[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 961 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 961
To amend the Fair Labor Standards Act of 1938 to reform the provisions
relating to child labor.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2001
Mr. Lantos (for himself, Mr. Ackerman, Mr. Barrett of Wisconsin, Mr.
Berman, Mr. Bonior, Mr. Brady of Pennsylvania, Mr. Brown of Ohio, Ms.
Carson of Indiana, Mr. Delahunt, Ms. Eshoo, Mr. Evans, Mr. Filner, Mr.
Frank, Mr. Frost, Mr. Gutierrez, Mr. Hastings of Florida, Mr. Hinchey,
Mr. Jackson of Illinois, Ms. Kaptur, Ms. Kilpatrick, Mr. Kucinich, Mr.
Lewis of Georgia, Mr. Lipinski, Mrs. Lowey, Mrs. Maloney of New York,
Mr. McGovern, Ms. McKinney, Mr. McNulty, Mr. Matsui, Mr. George Miller
of California, Mr. Neal of Massachusetts, Ms. Norton, Mr. Oberstar, Mr.
Olver, Mr. Owens, Ms. Pelosi, Mr. Phelps, Mr. Rangel, Mr. Rush, Mr.
Sanders, Ms. Schakowsky, Mr. Sherman, Mr. Stark, Mr. Thompson of
Mississippi, Mr. Towns, Mr. Underwood, Ms. Velazquez, Ms. Woolsey, and
Mr. Wynn) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
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 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 on the types of
industries and occupations in which children who are 18 and full-time
students in a high school are employed, and (B) on cases in which it
was determined that minors were employed in violation of this section.
The first such compilation shall be completed not later than 2 years
after the date of enactment of the Young American Workers' Bill of
Rights and each subsequent compilation shall be completed not later
than 3 years thereafter.
``(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) is amended by adding at the end the
following new subsection:
``(e)(1) As used in this subsection, the term `parents' means the
biological parents of a minor or other individual standing in loco
parentis to a minor and 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 or who is 18 and enrolled full-time in a high school.
``(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 or is age 18 and
enrolled full-time in a high school--
``(i) a written statement by the parents or legal
guardian of the minor that the parents grant consent
for employment of the minor; and
``(ii) a 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 16, 17, or 18 years of age and a full-time student
enrolled in a high school; 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 who is not older than 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
18 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 minors who
are under the age of 18 or who are 18 and are enrolled
full-time in a high school 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 minors
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 4, 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, parent groups, 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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