[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4753-S4754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2431. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 1095. STOP CHILD LABOR ACT.
(a) Short Title.--This section may be cited as the ``Stop
Child Labor Act''.
(b) Amendments to the Fair Labor Standards Act of 1938.--
(1) Private enforcement.--Section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended--
(A) by inserting after the third sentence the following:
``Any employer who violates the provisions of section 12 or
13(c), relating to child labor, shall be liable to any child
harmed as a result of such violation for compensatory damages
and punitive damages in an amount not more than $250,000.'';
(B) in the fourth sentence--
(i) by inserting ``or, with respect to violations of the
provisions of section 12 or 13(c), relating to child labor,
children'' after ``more employees''; and
(ii) by inserting ``or children, as the case may be,''
after ``other employees'';
(C) in the fifth sentence, by inserting ``or children, as
the case may be,'' after ``employees''; and
(D) by adding at the end the following: ``The right
provided by this subsection to bring an action by or on
behalf of any child with respect to violations of the
provisions of section 12 or 13(c), relating to child labor,
and the right of any child to become a party plaintiff to any
such action, shall terminate upon the filing of a complaint
by the Secretary in an action under section 17 in which legal
or equitable relief is sought as a result of alleged
violations of such provisions.''.
(2) Civil penalties.--Section 16(e)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``not
to exceed'' and inserting ``of an amount (subject to
subparagraph (C)) that is'';
(ii) in clause (i), by striking ``$11,000'' and inserting
``not less than $5,000 and not more than $132,270''; and
(iii) in clause (ii), by striking ``$50,000'' and inserting
``not less than $25,000 and not more than $601,150''; and
(B) by adding at the end the following:
``(C) The dollar amounts referred to in clauses (i) and
(ii) of subparagraph (A) shall be increased annually, for
fiscal year 2024 and every fiscal year thereafter, by the
percent increase, if any, in the consumer price
[[Page S4754]]
index for all urban consumers (all items; United States city
average) for the most recent 12-month period for which
applicable data is available.''.
(3) Criminal penalties.--Section 16(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(a)) is amended--
(A) by striking ``Any'' and inserting ``(1) Any'';
(B) by inserting ``(other than subsection (a)(4) of such
section)'' after ``section 15'';
(C) by striking ``subsection'' each place it appears and
inserting ``paragraph''; and
(D) by adding at the end the following:
``(2) Any person who repeatedly or willfully violates
section 15(a)(4) shall upon conviction thereof be subject to
a fine of not more than $50,000, or to imprisonment for not
more than 1 year, or both.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply with respect to violations alleged
to have occurred on or after the date of the enactment of
this Act.
(c) Grant Program for Prevention of Child Labor
Violations.--
(1) In general.--The Secretary of Labor may award grants to
eligible entities for purposes of education, training, and
development of systems to help employers recognize, avoid,
and prevent violations of section 12 or 13(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212, 213(c)).
(2) Eligible entity.--For purposes of this subsection, the
term ``eligible entity'' means--
(A) a nonprofit organization described in section 501(c)(3)
of the Internal Revenue Code of 1986;
(B) a nonprofit trade industry or employer association;
(C) a labor-management partnership; or
(D) a labor organization.
(d) National Advisory Committee on Child Labor .--
(1) Establishment.--There is established the National
Advisory Committee on Child Labor (in this subsection
referred to as the ``Committee'').
(2) Membership.--
(A) Composition.--The Committee shall be composed of 12
members of whom--
(i) 3 shall be representatives of management who are
appointed by the Secretary of Labor;
(ii) 3 shall be representatives of labor organizations who
are appointed by the Secretary of Labor;
(iii) 1 shall be a member of the public who is appointed by
the Secretary of Labor;
(iv) 2 shall be members of the public who are appointed by
the Secretary of Health and Human Services; and
(v) 3 shall be child welfare professionals who are
appointed by the Secretary of Health and Human Services.
(B) Date.--The appointments of the members of the Committee
shall be made not later than 90 days after the date of
enactment of this Act.
(C) Period of appointment; vacancies.--
(i) In general.--A member of the Committee shall be
appointed for a term of 2 years.
(ii) Vacancies.--A vacancy in the Committee--
(I) shall not affect the powers of the Committee; and
(II) shall be filled in the same manner as the original
appointment.
(D) Meetings.--The Committee shall hold no fewer than 2
meetings during each calendar year.
(E) Chairperson.--The Secretary of Labor shall designate
the Chairperson of the Committee from among the members of
the Committee appointed under subparagraph (A).
(3) Duties of committee.--The Committee shall advise,
consult, and make recommendations to the Secretary of Labor
and the Secretary of Health and Human Services on matters
related to the recognition, avoidance, prevention, and
enforcement of violations of section 12 or 13(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212, 213(c)).
(4) Committee personnel matters.--
(A) Compensation of members.--A member of the Committee who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Committee.
(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(C) Staff.--
(i) In general.--The Chairperson of the Committee may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as may be necessary to enable
the Committee to perform its duties, except that the
employment of an executive director shall be subject to
confirmation by the Committee.
(ii) Compensation.--The Chairperson of the Committee may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of that title.
(D) Detail of government employees.--A Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(E) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of that title.
(5) Duration of committee.--Section 1013 of title 5, United
States Code, shall not apply to the Committee.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Committee to carry out this
subsection $3,000,000 for fiscal year 2024.
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