[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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