[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S359-S365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 96. A bill to ensure that employees of traveling sales crews are 
protected under the Fair Labor Standards Act of 1938 and under other 
provisions of law; to the Committee on Health, Education, Labor, and 
Pensions.


                  Traveling sales crew protection act

  Mr. KOHL. Mr. President almost two years have gone by since the 
tragic accident in Janesville, WI, that brought to light the abuse of 
workers in the magazine sales industry. Since 1992, forty-two sales 
people have been killed or injured in similar crashes. Unfortunately 
deaths and injuries still occur. Parents are still separated from their 
children without knowing where they are or whether they are safe. Young 
people are not being paid for their work, and are being falsely listed 
as independent contractors. Roving sweatshops continue to travel our 
highways and solicit unlicenced in our neighborhoods.
  My legislation would go a long way toward ending this sad state of 
affairs.
  Today I have introduced legislation to crack down on abuses in the 
traveling sales crew industry. These companies employ crews who travel 
from city to city selling products door to door. Often times, however, 
these companies mistreat their workers and violate local, state, and 
federal labor law. Because they rapidly move from state to state, 
enforcement efforts are difficult if not impossible for local 
authorities.
  In 1987 former Senator Roth, as part of the Permanent Subcommittee on 
Investigations looked into this industry, and was appalled at what he 
found. Incidents of verbal and physical abuse of workers were 
widespread. Young people were coerced into continuing to sell long 
after they wanted to leave through threats and taunts from their 
employers. When sellers were able to get free they were often unpaid or 
denied the bus ticket home they were promised when they signed up.
  The compensation system for the workers was also rigged to ensure 
that workers could not leave. Prospective sellers were promised big 
bucks when they were recruited, but soon found that decent pay was 
difficult to come by. Sellers were paid on a commission basis according 
to their sales, but they were also charged by the company for their 
accommodations and fined for small infractions like showing up late to 
meetings or sleeping on the van. Salespeople were not paid in a timely 
manner, but their earnings were kept on ``paper'' and the employees 
only drew a daily allowance to pay for food. Employees were seldom 
allowed to see the paper work that tracked their earnings so they had 
little idea about how much they are entitled. Many found that they were 
not able to keep up with the sales and fell in debt to the company. 
After working 12 hour days, six days a week for months, employees 
actually owed the company money! These young people became indentured 
servants, working long hours for only room and board.
  In the thirteen years since Senator Roth's investigation, nothing has 
changed. These abuses continue, and Congress should act.
  I am not one to frivolously engage in regulating business, but in 
this case the need for federal involvement is clear. Because of the 
mobility of these companies, states cannot crack down on these groups 
alone. They need federal help to eliminate the unscrupulous actors in 
the industry.
  The Traveling Sales Crew Protection Act would take important steps to 
eliminate employers who abuse their workers. First, it would no longer 
allow minors to be employed in this line of work. Door to door sales 
can be dangerous work and combined with the long hours and hazardous 
travel, creates a job too dangerous for children. Second, the bill 
would narrowly eliminate the exemption under the Fair Labor Standards 
Act for these specific kinds of operations. Covering these employees 
with minimum wages laws and overtime requirements protects them from 
becoming indentured servants to their employers through complex 
compensation systems. This provision is carefully crafted to cover only 
traveling sales crews, individuals who sell over the road, or at trade 
shows would be unaffected. Lastly the bill creates a licensing 
procedure through the Department of Labor to monitor those engaged in 
supervising and running these operations.

[[Page S362]]

  These measures are important steps forward in a nationwide effort to 
eliminate this particularly abusive form of worker exploitation. I hope 
I will have my colleagues' support as I try to make the painful crash 
in Janesville, the last chapter in this shameful story.
  Mr. President, I ask unanimous consent that the text of my 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 96

       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 ``Traveling Sales Crew 
     Protection Act''.

               TITLE I--FAIR LABOR STANDARDS ACT OF 1938

     SEC. 101. APPLICATION OF PROVISIONS TO CERTAIN OUTSIDE 
                   SALESMAN.

       (a) In General.--Section 13 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 213) is amended by adding at the end the 
     following:
       ``(k) For purposes of subsection (a)(1), and 
     notwithstanding any other provision of law, the term `outside 
     salesman' shall not include any individual employed in the 
     position of a salesman where the individual travels with a 
     group of salespeople, including a supervisor, team leader or 
     crew leader, and the employees in the group do not return to 
     their permanent residences at the end of the work day.''.
       (b) Limitation on Child Labor.--Section 12 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 212) is amended by 
     adding at the end the following:
       ``(e) No individual under 18 years of age may be employed 
     in a position requiring the individual to engaged in door to 
     door sales or in related support work in a manner that 
     requires the individual to remain away from his or her 
     permanent residence for more than 24 hours.''.
       (c) Rules and Regulations.--The Secretary of Labor may 
     issue such rules and regulations as are necessary to carry 
     out the amendments made by this section, consistent with the 
     requirements of chapter 5 of title 5, United States Code.

             TITLE II--PROTECTION OF TRAVELING SALES CREWS

     SEC. 201. PURPOSE.

       It is the purpose of this title--
       (1) to remove the restraints on interstate commerce caused 
     by activities detrimental to traveling sales crew workers;
       (2) to require the employers of such workers to register 
     under this Act; and
       (3) to assure necessary protections for such employees.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Certificate of registration.--The term ``Certificate of 
     Registration'' means a Certificate issued by the Secretary 
     under section 203(c)(1).
       (2) Employ.--The term ``employ'' has the meaning given such 
     term by section 3(g) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 201(g)).
       (3) Goods.--The term ``goods'' means wares, products, 
     commodities, merchandise, or articles or subjects of 
     interstate commerce of any character, or any part or 
     ingredient thereof.
       (4) Person.--The term ``person'' means any individual, 
     partnership, association, joint stock company, trust, 
     cooperative, or corporation.
       (5) Sale, sell.--The terms ``sale'' or ``sell'' include any 
     sale, exchange, contract to sell, consignment for sale, 
     shipment for sale, or other disposition of goods.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (7) Traveling sales crew worker.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``traveling sales crew worker'' means an individual 
     who--
       (i) is employed as a salesperson or in related support 
     work;
       (ii) travels with a group of salespersons, including a 
     supervisor; and
       (iii) is required to be absent overnight from his or her 
     permanent place of residence.
       (B) Limitation.--The term ``traveling sales crew worker'' 
     does not include--
       (i) any individual who meets the requirements of 
     subparagraph (A) if such individual is traveling to a trade 
     show or convention; or
       (ii) any immediate family member of a traveling sales crew 
     employer.

     SEC. 203. REGISTRATION OF EMPLOYERS AND SUPERVISORS OF 
                   TRAVELING SALES CREW WORKERS.

       (a) Registration Requirement.--
       (1) In general.--No person shall engage in any form of 
     employment of traveling sales crew workers, unless such 
     person has a Certificate of Registration from the Secretary.
       (2) Supervisors.--A traveling sales crew employer shall not 
     hire, employ, or use any individual as a supervisor of a 
     traveling sales crew, unless such individual has a 
     Certificate of Registration from the Secretary.
       (3) Display of certificate of registration.--Each 
     registered traveling sales crew employer and each registered 
     traveling sales crew supervisor shall carry at all times 
     while engaging in traveling sales crew activities a 
     Certificate of Registration from the Secretary and, upon 
     request, shall exhibit that certificate to all persons with 
     whom they intend to deal.
       (b) Application for Registration.--Any person desiring to 
     be issued a Certificate of Registration from the Secretary, 
     as either a traveling sales crew employer or traveling sales 
     crew supervisor, shall file with the Secretary a written 
     application that contains the following:
       (1) A declaration, subscribed and sworn to by the 
     applicant, stating the applicant's permanent place of 
     residence, the type or types of sales activities to be 
     performed, and such other relevant information as the 
     Secretary may require.
       (2) A statement identifying each vehicle to be used to 
     transport any member of any traveling sales crew and, if the 
     vehicle is or will be owned or controlled by the applicant, 
     documentation showing that the applicant is in compliance 
     with the requirements of section 204(d) with respect to each 
     such vehicle.
       (3) A statement identifying, with as much specificity as 
     the Secretary may require, each facility or real property to 
     be used to house any member of any traveling sales crew and, 
     if the facility or real property is or will be owned or 
     controlled by the applicant, documentation showing that the 
     applicant is in compliance with section 204(e) with respect 
     to each such facility or real property.
       (4) A set of fingerprints of the applicant.
       (5) A declaration, subscribed and sworn to by the 
     applicant, consenting to the designation by a court of the 
     Secretary as an agent available to accept service of summons 
     in any action against the applicant, if the applicant has 
     left the jurisdiction in which the action is commenced or 
     otherwise has become unavailable to accept service.
       (c) Issuance of Certificate of Registration.--
       (1) In general.--In accordance with regulations, and after 
     any investigation which the Secretary may deem appropriate, 
     the Secretary shall issue a Certificate of Registration, as 
     either a traveling sales crew employer or traveling sales 
     crew supervisor, to any person who meets the standards for 
     such registration.
       (2) Refusal to issue or renew, suspension and revocation.--
     The Secretary may refuse to issue or renew, or may suspend or 
     revoke, a Certificate of Registration if the applicant for or 
     holder or the Certificate--
       (1) has knowingly made any misrepresentation in the 
     application for such Certificate of Registration;
       (2) is not the real party in interest with respect to the 
     application or Certificate of Registration and the real party 
     in interest is a person who--
       (A) has been refused issuance or renewal of a Certificate;
       (B) has had a Certificate suspended or revoked; or
       (C) does not qualify for a Certificate under this section;
       (3) has failed to comply with this title or any regulation 
     promulgated under this title;
       (4) has failed--
       (A) to pay any court judgment obtained by the Secretary or 
     any other person under this title or any regulation 
     promulgated under this title; or
       (B) to comply with any final order issued by the Secretary 
     as a result of a violation of this title or any regulation 
     promulgated under this title;
       (5) has been convicted within the 5 years preceding the 
     date on which the application was filed or the Certificate 
     was issued--
       (A) of any crime under Federal or State law relating to the 
     sale, distribution or possession of alcoholic beverages or 
     narcotics, in connection with or incident to any traveling 
     sales crew activities;
       (B) of any crime under Federal or State law relating to 
     child abuse, neglect, or endangerment; or
       (C) of any felony under Federal or State law involving 
     robbery, bribery, extortion, embezzlement, grand larceny, 
     burglary, arson, murder, rape, assault with intent to kill, 
     assault which inflicts grievous bodily injury, prostitution, 
     peonage, or smuggling or harboring individuals who have 
     entered the United States illegally;
       (6) has been found to have violated paragraph (1) or (2) of 
     section 274A(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(a)(1) or (2));
       (7) has failed to comply with any bonding or security 
     requirements as the Secretary may establish; or
       (8) has failed to satisfy any other requirement which the 
     Secretary may by regulation establish.
       (d) Administrative Proceedings and Judicial Review.--
       (1) In general.--A person who is refused the issuance or 
     renewal of a Certificate or Registration, or whose 
     Certificate of Registration is suspended or revoked, shall be 
     afforded an opportunity for an agency hearing, upon a request 
     made within 30 days after the date of issuance of the notice 
     of refusal, suspension, or revocation. If no hearing is 
     requested as provided for in this subsection, the refusal, 
     suspension, or revocation shall constitute a final and 
     unappealable order.
       (2) Hearing.--If a hearing is requested under paragraph 
     (1), the initial agency decision shall be made by an 
     administrative law judge, with all issues to be determined on 
     the record pursuant to section 554 of title 5, United States 
     Code, and such decision shall become the final order unless 
     the Secretary modifies or vacates the decision. Notice of 
     intent to modify or vacate the decision of the administrative 
     law judge shall be issued to the parties within 90 days after 
     the decision of the administrative law judge. A final

[[Page S363]]

     order which takes effect under this paragraph shall be 
     subject to review only as provided under paragraph (3).
       (3) Review by court.--Any person against whom an order has 
     been entered after an agency hearing under this subsection 
     may obtain review by the United States district court for any 
     district in which the person is located, or the United States 
     District Court for the District of Columbia, by filing a 
     notice of appeal in such court within 30 days from the date 
     of such agency order, and simultaneously sending a copy of 
     such notice by registered mail to the Secretary. The 
     Secretary shall promptly certify and file in such court the 
     record upon which the agency order was based. The findings of 
     the Secretary shall be set aside only if found to be 
     unsupported by substantial evidence as provided by section 
     706(2)(E) of title 5, United States code. Any final decision, 
     order, or judgment of such District Court concerning such 
     review shall be subject to appeal as provided for in chapter 
     83 of title 28, United States Code.
       (e) Transfer or Assignment of Certificate; Expiration; 
     Renewal.--
       (1) Limitation.--A Certificate of Registration may not be 
     transferred or assigned.
       (2) Expiration and extension.--
       (A) Expiration.--Unless earlier suspended or revoked, a 
     Certificate of Registration shall expire 12 months from the 
     date of issuance.
       (B) Extension.--A Certificate of Registration may be 
     temporarily extended, at the Secretary's discretion, by the 
     filing of an application with the Secretary at least 30 days 
     prior to the Certificate's expiration date.
       (3) Renewal.--A Certificate of Registration may be renewed 
     through the application process provided for in subsections 
     (b) and (c).
       (f) Notice of Address Change; Amendment of Certificate of 
     Registration.--During the period for which a Certificate of 
     Registration is in effect, the traveling sales crew employer 
     or supervisor named on the Certificate shall--
       (1) provide to the Secretary within 30 days a notice of 
     each change of permanent place of residence; and
       (2) apply to the Secretary to amend the Certificate of 
     Registration whenever the person intends to--
       (A) engage in any form of traveling sales crew activity not 
     identified on the Certificate;
       (B) use or cause to be used any vehicle not covered by the 
     Certificate to transport any traveling sales crew worker; or
       (C) use or cause to be used any facility or real property 
     not covered by the Certificate to house any traveling sales 
     crew worker.
       (g) Filing Fee.--The Secretary shall require the payment of 
     a fee by an employer filing an application for the issuance 
     or renewal of a Certificate of Registration. The amount of 
     the fee shall be $500 for a Certificate for an employer and 
     $50 for a Certificate for a supervisor. Sums collected 
     pursuant to this section shall be applied by the Secretary 
     toward reimbursement of the costs of administering this 
     title.

     SEC. 204. OBLIGATIONS OF EMPLOYERS OF TRAVELING SALES CREW 
                   WORKERS.

       (a) Disclosure of Terms and Conditions of Employment.--
       (1) Written disclosure.--At the time of recruitment, each 
     traveling sales crew worker shall be provided with a written 
     disclosure of the following information, which shall be 
     accurate and complete to the best of the employer's 
     knowledge:
       (A) The place or places of employment, stated with as much 
     specificity as possible.
       (B) The wage rate or rates to be paid.
       (C) The type or types of work on which the worker may be 
     employed.
       (D) The period of employment.
       (E) The transportation, housing, and any other employee 
     benefit to be provided, and any costs to be charged to the 
     worker for each such benefit.
       (F) The existence of any strike or other concerted work 
     stoppage, slowdown, or interruption of operations by 
     employees at the place of employment.
       (G) Whether State workers' compensation insurance is 
     provided and, if so, the name of the State workers' 
     compensation insurance carrier, the name of the policyholder 
     of such insurance, the name and the telephone number of each 
     person who must be notified of an injury or death, and the 
     time period within which such notice must be given.
       (2) Records and statements.--Each employer of traveling 
     sales crew workers shall--
       (A) with respect to each such worker, make, keep, and 
     preserve records for 3 years of the--
       (i) basis on which wages are paid;
       (ii) number of piecework units earned, if paid on a 
     piecework basis;
       (iii) number of hours worked;
       (iv) total pay period earnings;
       (v) specific sums withheld and the purpose of each sum 
     withheld; and
       (vi) net pay; and
       (B) provide to each worker for each pay period, an itemized 
     written statement of the information required under 
     subparagraph (A).
       (b) Payment of Wages When Due.--Each traveling sales crew 
     worker shall be paid the wages owed that worker when due. The 
     payment of wages shall be in United States currency or in a 
     negotiable instrument such as a bank check. The payment of 
     wages shall be accompanied by the written disclosure required 
     by subsection (a)(2)(B).
       (c) Costs of Goods, Services, and Business Expenses.--
       (1) Prohibition.--No employer of traveling sales crew 
     workers shall--
       (A) require any worker to purchase any goods or services 
     solely from such employer; or
       (B) impose on any worker any of the employer's business 
     expenses, such as the cost of maintaining and operating a 
     vehicle used to transport the traveling sales crew.
       (2) Inclusion as part of wages.--An employer may include as 
     part of the wages paid to a traveling sales crew worker the 
     reasonable cost to the employer of furnishing board, lodging, 
     or other facilities to such worker, so long as--
       (A) such facilities are customarily furnished by such 
     employer to the employees of the employer; and
       (B) such cost does not exceed the fair market value of such 
     facility and does not include any profit to the employer.
       (d) Safety and Health in Transportation.--
       (1) Standards.--An employer of traveling sales crew workers 
     shall provide transportation for such workers in a manner 
     that is consistent with the following standards:
       (A) The employer shall ensure that each vehicle which the 
     employer uses or causes to be used for such transportation 
     conforms to the standards prescribed by the Secretary under 
     paragraph (2) and conforms to other applicable Federal and 
     State safety standards.
       (B) The employer shall ensure that each driver of each such 
     vehicle has a valid and appropriate license, as provided by 
     State law, to operate the vehicle.
       (C) The employer shall have an insurance policy or fidelity 
     bond in accordance with subsection (c).
       (2) Promulgation by secretary.--The Secretary shall 
     prescribe, by regulation, such safety and health standards as 
     may be appropriate for vehicles used to transport traveling 
     sales crew workers. In establishing such standards, the 
     Secretary shall consider--
       (A) the type of vehicle used;
       (B) the passenger capacity of the vehicle;
       (C) the distance which such workers will be carried in the 
     vehicle;
       (D) the type of roads and highways on which such workers 
     will be carried in the vehicle;
       (E) the extent to which a proposed standard would cause an 
     undue burden on an employer of traveling sales crew workers; 
     and
       (F) any standard prescribed by the Secretary of 
     Transportation under part II of the Interstate Commerce Act 
     (49 U.S.C. 301 et seq.) or any successor provision of 
     subtitle IV of title 49, United States Code.
       (e) Safety and Health in Housing.--An employer of traveling 
     sales crew workers shall provide housing for such workers in 
     a manner that is consistent with the following standards:
       (1) If the employer owns or controls the facility or real 
     property which is used for housing traveling sales crew 
     workers, the employer shall be responsible for ensuring that 
     the facility or real property complies with substantive 
     Federal and State safety and health standards applicable to 
     that housing. Prior to occupancy by such workers, the 
     facility or real property shall be certified by a State or 
     local health authority or other appropriate agency as meeting 
     applicable safety and health standards. Written notice shall 
     be posted in the facility or real property, prior to and 
     throughout the occupancy by such workers, informing such 
     workers that the applicable safety and health standards are 
     met.
       (2) If the employer does not own or control the facility or 
     real property which is used for housing traveling sales crew 
     workers, the employer shall be responsible for ensuring that 
     the owner or operator of such facility or real property 
     complies with substantive Federal and State safety and health 
     standards applicable to that housing. Such assurance by the 
     employer shall include the verification that the owner or 
     operator of such facility or real property is licensed and 
     insured in accordance with all applicable State and local 
     laws. The employer shall obtain such assurance prior to 
     housing any workers in the facility or real property.
       (f) Insurance of Vehicles; Workers' Compensation 
     Insurance.--
       (1) Insurance.--An employer of traveling sales crew workers 
     shall ensure that there is in effect, for each vehicle used 
     to transport such workers, an insurance policy or a liability 
     bond which insures the employer against liability for damage 
     to persons and property arising from the ownership, 
     operation, or the causing to be operated of such vehicle for 
     such purpose. The level of insurance or liability bond 
     required shall be determined by the Secretary considering at 
     least the factors set forth in subsection (d)(2) and any 
     relevant State law.
       (2) Workers' compensation.--If an employer of traveling 
     sales crew workers is the employer of such workers for 
     purposes of a State workers' compensation law and such 
     employer provides workers' compensation coverage for such 
     workers as provided for by such State law, the following 
     modifications to the requirements of paragraph (1) shall 
     apply:
       (A) No insurance policy or liability bond shall be required 
     of the employer if such workers are transported only under 
     circumstances for which there is workers' compensation 
     coverage under such State law.

[[Page S364]]

       (B) An insurance policy or liability bond shall be required 
     of the employer for all circumstances under which workers' 
     compensation coverage for the transportation of such workers 
     is not provided under such State law.

     SEC. 205. ENFORCEMENT PROVISIONS.

       (a) Criminal Sanctions.--An employer who willfully and 
     knowingly violates this title, or any regulation promulgated 
     under this title, shall be fined not more than $10,000 or 
     imprisoned for not to exceed 1 year, or both. Upon conviction 
     for any subsequent violation of this title, or any such 
     regulation, an employer shall be fined not more than $50,000 
     or imprisoned for not to exceed 3 years, or both.
       (b) Judicial Enforcement.--
       (1) Injunctive relief.--The Secretary may petition any 
     appropriate district court of the United States for temporary 
     or permanent injunctive relief if the Secretary determines 
     that this title, or any regulation promulgated under this 
     title, has been violated.
       (2) Solicitor of labor.--Except as provided in section 
     518(a) of title 28, United States Code, relating to 
     litigation before the Supreme Court, the Solicitor of Labor 
     may appear for and represent the Secretary in any civil 
     litigation brought under this title, but all such litigation 
     shall be subject to the direction and control of the Attorney 
     General.
       (c) Administrative Sanctions; Proceedings.--
       (1) Civil money penalty.--Subject to paragraph (2), an 
     employer that violates this title, or any regulation 
     promulgated under this title, may be assessed a civil money 
     penalty of not more than $10,000 for each such violation.
       (2) Determination of penalty.--In determining the amount of 
     any penalty to be assessed under paragraph (1), the Secretary 
     shall take into account--
       (A) the previous record of the employer in terms of 
     compliance with this title and the regulations promulgated 
     under this title; and
       (B) the gravity of the violation.
       (3) Proceedings.--
       (A) In general.--An employer that is assessed a civil money 
     penalty under this subsection shall be afforded an 
     opportunity for an agency hearing, upon request made within 
     30 days after the date of issuance of the notice of 
     assessment. In such hearing, all issues shall be determined 
     on the record pursuant to section 554 of title 5, United 
     States Code. If no hearing is requested as provided for in 
     this paragraph, the assessment shall constitute a final and 
     unappealable order.
       (B) Administrative law judge.--If a hearing is requested 
     under subparagraph (A), the initial agency decision shall be 
     made by an administrative law judge, and such decision shall 
     become the final order unless the Secretary modifies or 
     vacates this decision. Notice of intent to modify or vacate 
     the decision of the administrative law judge shall be issued 
     to the parties within 90 days after the decision of the 
     administrative law judge. A final order which takes effect 
     under this paragraph shall be subject to review only as 
     provided for under subparagraph (C).
       (C) Review.--An employer against whom an order imposing a 
     civil money penalty has been entered after an agency hearing 
     under this section may obtain review by the United States 
     district court for any district in which the employer is 
     located, or the United States District Court for the District 
     of Columbia, by filing a notice of appeal in such court 
     within 30 days from the date of such order and simultaneously 
     sending a copy of such notice by registered mail to the 
     Secretary. The Secretary shall promptly certify and file in 
     such court the record upon which the penalty was imposed. The 
     findings of the Secretary shall be set aside only if found to 
     be unsupported by substantial evidence as provided by section 
     706(2)(E) of title 5, United States Code. Any final decision, 
     order, or judgment of such District Court concerning such 
     review shall be subject to appeal as provided in chapter 83 
     of title 28, United States Code.
       (D) Failure to pay.--If any person fails to pay an 
     assessment after it has become a final and unappealable order 
     under this paragraph, or after the court has entered final 
     judgment in favor of the agency, the Secretary shall refer 
     the matter to the Attorney General, who shall recover the 
     amount assessed by action in the appropriate United States 
     district court. In such action, the validity and 
     appropriateness of the final order imposing the penalty shall 
     not be subject to review.
       (E) Payment of penalties.--All penalties collected under 
     authority of this section shall be paid into the Treasury of 
     the United States.
       (d) Private Right of Action.--
       (1) in general.--Any traveling sales crew worker aggrieved 
     by a violation of this title, or any regulation promulgated 
     under this title, by an employer may file suit in any 
     district court of the United States having jurisdiction over 
     the parties, without respect to the amount in controversy and 
     without regard to exhaustion of any alternative 
     administrative remedies provided for in this title.
       (2) Damages.--
       (A) In general.--If the court in an action under paragraph 
     (1) finds that the defendant intentionally violated a 
     provision of this Act, or a regulation promulgated under this 
     Act, the court may award--
       (i) damages up to and including an amount equal to the 
     amount of actual damages;
       (ii) statutory damages of not more than $1,000 per 
     plaintiff per violation or, if such complaint is certified as 
     a class action, not more than $1,000,000 for all plaintiffs 
     in the class; or
       (iii) other equitable relief.
       (B) Determination of amount.--In determining the amount of 
     damages to be awarded under subparagraph (A), the court may 
     consider whether an attempt was made to resolve the issues in 
     dispute before the resort to litigation.
       (C) Workers' compensation.--
       (i) In general.--Notwithstanding any other provision of 
     this title, where a State workers' compensation law is 
     applicable and coverage is provided for a traveling sales 
     crew worker, the workers' compensation benefits shall be the 
     exclusive remedy for loss of such worker under this title in 
     the case of bodily injury or death in accordance with such 
     State's workers' compensation law.
       (ii) Limitation.--The exclusive remedy provided for under 
     clause (i) precludes the recovery under subparagraph (A) of 
     actual damages for loss from an injury or death but does not 
     preclude recovery under such subparagraph for statutory 
     damages (as provided for in clause (iii)) or equitable 
     relief, except that such relief shall not include back or 
     front pay or in any manner, directly or indirectly, expand or 
     otherwise alter or affect--

       (I) a recovery under a State workers' compensation law; or
       (II) rights conferred under a State workers' compensation 
     law.

       (iii) Statutory damages.--In an action in which a claim for 
     actual damages is precluded as provided for in clause (ii), 
     the court shall award statutory damages of not more than 
     $20,000 per plaintiff per violation or, in the case of a 
     class action, not more than $1,000,000 for all plaintiffs in 
     the class, if the court finds any of the following:

       (I) The defendant violated section 204(d) by knowingly 
     requiring or permitting a driver to drive a vehicle for the 
     transportation of the plaintiff or plaintiffs while under the 
     influence of alcohol or a controlled substance (as defined in 
     section 102 of the Controlled Substances Act (21 U.S.C. 
     802)), the defendant had actual knowledge of the driver's 
     condition, such violation resulted in the injury or death of 
     the plaintiff or plaintiffs, and such injury or death arose 
     out of and in the course of employment as defined under the 
     State worker's compensation law.
       (II) The defendant was found by the court or was determined 
     in a previous administrative or judicial proceeding to have 
     violated a safety standard prescribed by the Secretary under 
     section 204 and such violation resulted in the injury or 
     death of the plaintiff or plaintiffs.
       (III) The defendant willfully disabled or removed a safety 
     device prescribed by the Secretary under section 204, or the 
     defendant in conscious disregard of the requirements of such 
     section failed to provide a safety device required by the 
     Secretary, and such disablement, removal, or failure to 
     provide a safety device resulted in the injury or death of 
     the plaintiff or plaintiffs.
       (IV) At the time of the violation of section 204, which 
     resulted in the injury or death of the plaintiff or 
     plaintiffs, the employer or the supervisor of the traveling 
     sales crew did not have a Certificate of Registration in 
     accordance with section 203.

       (iv) Determination of amount.--For purposes of determining 
     the amount of statutory damages due to a plaintiff under this 
     subparagraph, multiple infractions of a single provision of 
     this title, or of regulations promulgated under this title, 
     shall constitute a single violation.
       (D) Attorney's fee.--The court shall, in addition to any 
     judgment awarded to the plaintiff or plaintiffs under this 
     paragraph, allow a reasonable attorney's fee to be paid by 
     the defendant or defendants, and costs of the action.
       (E) Appeals.--Any civil action brought under this 
     subsection shall be subject to appeal as provided for in 
     chapter 83 of title 28, United States Code.
       (e) Discrimination Prohibited.--
       (1) In general.--No person shall intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against any traveling sales crew worker because 
     such worker has, with just cause, filed any complaint or 
     instituted, or caused to be instituted, any proceeding under 
     or related to this title, or has testified or is about to 
     testify in any such proceedings, or because of the exercise, 
     with just cause, by such worker on behalf of the worker or 
     others of any right or protection afforded by this title.
       (2) Complaint.--
       (A) In general.--A traveling sales crew worker who 
     believes, with just cause, that such worker has been 
     discriminated against in violation of this subsection may, 
     within 12 months of the date of such violation, file a 
     complaint with the Secretary alleging such discrimination.
       (B) Investigation.--Upon receipt of a complaint under 
     subparagraph (A), the Secretary shall cause such 
     investigation to be made as the determines to be appropriate.
       (C) Actions.--If upon an investigation under subparagraph 
     (B), the Secretary determines that the provisions of this 
     subsection have been violated, the Secretary shall bring an 
     action in any appropriate United States district court 
     against the person involved.
       (D) Relief.--In any action under subparagraph (C), the 
     United States district court

[[Page S365]]

     shall have jurisdiction, for cause shown, to restrain 
     violations of this subsection and order all appropriate 
     relief, including rehiring or reinstatement of the worker, 
     with back pay, or damages.
       (f) Waiver of Rights.--Agreements by workers purporting to 
     waive or to modify their rights under this title shall be 
     void as contrary to public policy, except that a waiver or 
     modification of rights in favor of the Secretary shall be 
     valid for purposes of enforcement of this title.
       (g) Authority to Obtain Information.--
       (1) In general.--To carry out this title, the Secretary, 
     either pursuant to a complaint or otherwise, shall, as may be 
     appropriate, investigate and, in connection with such 
     investigation, enter and inspect such places (including 
     housing and vehicles) and such records (and make 
     transcriptions thereof), question such persons and gather 
     such information to determine compliance with this title, or 
     regulations promulgated under this title.
       (2) Production and receipt of evidence.--The Secretary may 
     issue subpoenas requiring the attendance and testimony of 
     witnesses or the production of any evidence in connection 
     with investigations under paragraph (1). The Secretary may 
     administer oaths, examine witnesses, and receive evidence. 
     For the purpose of any hearing or investigation provided for 
     in this title, the authority contained in sections 9 and 10 
     of the Federal Trade Commission Act (15 U.S.C. 49 and 50), 
     relating to the attendance of witnesses and the production of 
     books, papers, and documents, shall be available to the 
     Secretary.
       (3) Confidentiality.--The Secretary shall conduct 
     investigations under paragraph (1) in a manner which protects 
     the confidentiality of any complainant or other party who 
     provides information to the Secretary in good faith.
       (4) Violation.--It shall be violation of this title for any 
     person to unlawfully resist, oppose, impede, intimidate, or 
     interfere with any official of the Department of Labor 
     assigned to perform any investigation, inspection, or law 
     enforcement function pursuant to this title during the 
     performance of such duties.
       (h) State Laws and Regulations; Government Agencies.--
       (1) Relation to state laws.--This title is intended to 
     supplement State law, and compliance with this title shall 
     not be construed to excuse any person from compliance with 
     appropriate State laws and regulations.
       (2) Agreements.--The Secretary may enter into agreements 
     with Federal and State agencies--
       (A) to use their facilities and services;
       (B) to delegate to Federal and State agencies such 
     authority, other than rulemaking, as may be useful in 
     carrying out this title; and
       (C) to allocate or transfer funds to, or otherwise pay or 
     reimburse, such agencies for expenses incurred pursuant to 
     agreements under this paragraph.
       (i) Rules and Regulations.--The Secretary may issue such 
     rules and regulations as may be necessary to carry out this 
     title, consistent with the requirements of chapter 5 of title 
     5, United States Code.
                                 ______