[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3142 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3142

To amend the Fair Labor Standards Act of 1938 to expand the prohibition 
            related to child labor, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2023

    Mr. Rubio (for himself, Mr. Padilla, Mr. Hickenlooper, and Mr. 
   Marshall) 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 expand the prohibition 
            related to child labor, 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 Accountability Act of 
2023''.

SEC. 2. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.

    Section 12(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
212(a)) is amended by striking ``thirty'' and inserting ``90''.

SEC. 3. REPORT TO CONGRESS ON CHILD LABOR LAW VIOLATIONS.

    Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204) 
is amended by adding at the end the following:
    ``(g) Report to Congress on Child Labor Law Violations.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of the Child Labor Accountability Act of 2023, and 
        annually thereafter, the Secretary, in consultation with the 
        Attorney General and the head of any other relevant Federal 
        agency, shall submit a report to Congress that--
                    ``(A) contains summary data on violations of the 
                provisions of section 12 or 13(c), relating to child 
                labor, in the year preceding the date of submission of 
                the report, including--
                            ``(i) the number of complaints of potential 
                        violations of such provisions received by the 
                        Secretary in such year;
                            ``(ii) the number of--
                                    ``(I) investigations of potential 
                                violations of such provisions that are 
                                ongoing as of the date of submission of 
                                the report; and
                                    ``(II) investigations of potential 
                                violations of such provisions that have 
                                concluded in such year;
                            ``(iii) with respect to violations of such 
                        provisions in such year--
                                    ``(I) the total number of such 
                                violations;
                                    ``(II) the number of such 
                                violations disaggregated by the 
                                industry in which such violation 
                                occurred;
                                    ``(III) the number of such 
                                violations disaggregated by the 
                                provision of law that was violated;
                                    ``(IV) the average and median 
                                number of child employees involved in 
                                such violations;
                                    ``(V) the total number of child 
                                employees involved in such violations, 
                                disaggregated by characteristics 
                                including--
                                            ``(aa) the age of such 
                                        child employee; and
                                            ``(bb) the sex of such 
                                        child employee; and
                                    ``(VI) the number of such 
                                violations that caused the death or 
                                serious injury of any child employee 
                                involved in such violation;
                            ``(iv) the total, average, and median 
                        amount of penalties assessed under section 
                        16(e)(1)(A) in such year;
                            ``(v) with respect to criminal penalties 
                        under section 16(a) for violations of section 
                        15(a)(4)--
                                    ``(I) the number of individuals 
                                charged under such section for such a 
                                violation in such year, disaggregated 
                                by characteristics including--
                                            ``(aa) the age of such 
                                        individual;
                                            ``(bb) the sex of such 
                                        individual; and
                                            ``(cc) the relationship of 
                                        such individual to any child 
                                        employee involved in the 
                                        relevant violation of section 
                                        15(a)(4); and
                                    ``(II) the number of individuals 
                                convicted under such section for such a 
                                violation in such year, disaggregated 
                                by characteristics including--
                                            ``(aa) the age of such 
                                        individual;
                                            ``(bb) the sex of such 
                                        individual; and
                                            ``(cc) the relationship of 
                                        such individual to any child 
                                        employee involved in the 
                                        relevant violation of section 
                                        15(a)(4); and
                            ``(vi) any other information determined 
                        relevant by the Secretary;
                    ``(B) includes information on any activities in 
                such year by the Secretary of Labor, in cooperation 
                with State, Tribal, and local law enforcement, to 
                identify, investigate, and prosecute violations of the 
                provisions of section 12 or 13(c), relating to child 
                labor;
                    ``(C) describes trends with respect to such 
                violations in such year; and
                    ``(D) includes recommendations to Congress for 
                combating such violations.
            ``(2) Definition of child employee.--For purposes of this 
        subsection, the term `child employee' means an employee who is 
        younger than 18 years of age.''.
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