118 S3142 IS: Child Labor Accountability Act of 2023 U.S. Senate 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 3142IN THE SENATE OF THE UNITED STATESOctober 26, 2023Mr. 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 PensionsA BILLTo amend the Fair Labor Standards Act of 1938 to expand the prohibition related to child labor, and for other purposes.

1.

Short title

This Act may be cited as the Child Labor Accountability Act of 2023.

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.

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..