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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2870 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2870

To amend the Fair Labor Standards Act of 1938 to reform the provisions 
            relating to child labor, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2005

 Mr. Lantos (for himself, Mr. Owens, Mr. Oberstar, Mr. Gutierrez, Mr. 
George Miller of California, Mr. Payne, Mr. Sanders, Mr. Grijalva, Mr. 
 McGovern, Ms. Woolsey, Mrs. Christensen, Mr. Stark, Mrs. Maloney, Mr. 
Filner, Ms. Solis, Ms. Schakowsky, Mr. Tierney, Mr. Kucinich, Mr. Brown 
    of Ohio, Ms. Roybal-Allard, Mr. Davis of Illinois, Mr. Frank of 
    Massachusetts, Ms. DeLauro, Mr. Dingell, Ms. Velazquez, and Mr. 
  McDermott) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the Fair Labor Standards Act of 1938 to reform the provisions 
            relating 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 ``Youth Worker Protection Act''.

        TITLE I--AMENDMENTS TO FAIR LABOR STANDARDS ACT OF 1938

SEC. 101. AMENDMENTS TO FAIR LABOR STANDARDS ACT OF 1938 TO ADD A TITLE 
              RELATING TO EMPLOYMENT OF MINORS.

    (a) New Title.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.) is amended by adding at the end the following new title:

                    ``TITLE II--EMPLOYMENT OF MINORS

``SEC. 201. REQUIREMENTS FOR EMPLOYMENT OF MINORS.

    ``An employer may employ a minor only if the following requirements 
are met:
            ``(1) The minor is at least 14 years old or, if younger 
        than 14 years old, is otherwise permitted to work under this 
        Act.
            ``(2) The minor is employed in accordance with this Act and 
        in accordance with any other Federal, State, or local law that 
        provides greater protection to minors.
            ``(3) The minor has a work permit under section 203.
            ``(4) In the case of a minor who is between the ages of 16 
        and 18 years, the employment is not in an occupation that is 
        particularly hazardous for the employment of children between 
        those ages or detrimental to their health or well-being, within 
        the meaning of section 3(l)(2).

``SEC. 202. FEDERAL AND STATE RESPONSIBILITIES.

    ``(a) Federal Responsibilities.--The Secretary shall carry out 
Federal responsibilities under this title.
    ``(b) Designated State Agency.--Each State shall designate a State 
agency to be the issuing authority for work permits under this title 
and to carry out other State responsibilities under this title.

``SEC. 203. WORK PERMIT.

    ``(a) Model Form and Application.--The Secretary shall prescribe a 
unified model form that contains both the work permit required by 
section 201 and the application for the permit.
    ``(b) Contents.--The model form shall provide for the following 
information:
            ``(1) Name, date of birth, gender, racial or ethnic 
        background, and contact information of the minor.
            ``(2) Name, contact information, and consent of a parent of 
        the minor.
            ``(3) In the case of a school-age minor, a certification by 
        a school official that the official has informed the minor of 
        school attendance requirements and has given the minor a 
        written summary of those requirements.
            ``(4) Name, contact information, and type of business of 
        the employer.
            ``(5) Type of work.
            ``(6) Summary of age limitations and other legal 
        requirements for employment of minors.
            ``(7) Name and contact information of the designated State 
        agency.
    ``(c) State Modification.--The designated State agency, in 
consultation with the Secretary, may modify the model form to improve 
clarity or information content, or to improve the implementation of 
this title in conjunction with related provisions of State law.
    ``(d) Duration of Permit.--A work permit issued under this section 
shall expire on the earliest of--
            ``(1) the expiration date specified in the permit;
            ``(2) 1 year after the date of issuance of the permit;
            ``(3) the end of the employment for which the permit is 
        issued; or
            ``(4) a change in school districts by the minor.
    ``(e) School Certification for Work Permit Issued While School not 
in Session.--A work permit that is issued when school is not in session 
shall be subject to certification under subsection (b)(3) not later 
than 30 days after school resumes. If the minor does not obtain 
certification during that period, the permit shall be suspended until 
the certification is obtained. As used in this subsection, the term `in 
session' has the meaning given that term under the law applicable to 
the school district in which the minor involved lives.
    ``(f) Revocation of Work Permit and Appeal.--
            ``(1) Revocation.--The designated State agency may, after 
        notice and an opportunity to respond, revoke a work permit, if 
        the agency finds either of the following:
                    ``(A) The minor is not in compliance with school 
                attendance requirements.
                    ``(B) The minor is adversely affected by the 
                employment involved.
            ``(2) Appeal.--A minor (or the parent of a minor) or an 
        employer may appeal a decision under paragraph (1), in 
        accordance with applicable law.

``SEC. 204. WORKING-HOUR RESTRICTIONS FOR MINORS.

    ``(a) School-Age Minors.--An employer may not permit a school-age 
minor to work during school hours.
    ``(b) Minors 16 or 17 Years of Age.--An employer may not permit a 
minor who is 16 or 17 years of age--
            ``(1) to work before 7 a.m. on any day;
            ``(2) to work later than 10 p.m. on a day before a school 
        day or later than 11 p.m. on any other day;
            ``(3) to work more than 4 hours on a school day or more 
        than 8 hours on any other day;
            ``(4) to work more than 20 hours during a week in which 
        school is in session or more than 40 hours during any other 
        week; or
            ``(5) to work on more than 6 consecutive days.
    ``(c) Minors 14 or 15 Years of Age.--An employer may not permit a 
minor who is 14 or 15 years of age--
            ``(1) to work before 7 a.m. on any day;
            ``(2) to work later than 7 p.m. on any day, except that 
        during summer vacation periods (or during corresponding 
        vacation periods for year-round schools) the latest hour for 
        work under this paragraph shall be 9 p.m.;
            ``(3) to work more than 3 hours on a school day or more 
        than 6 hours on any other day;
            ``(4) to work more than 15 hours during a week in which 
        school is in session or more than 30 hours during any other 
        week; or
            ``(5) to work on more than 5 consecutive days.
    ``(d) Definitions.--As used in this section, the terms `school 
hours', `school day', and `in session', respectively, have the meanings 
given those terms under the law applicable to the school district in 
which the minor involved lives.

``SEC. 205. NOTIFICATION OF SERIOUS WORK-RELATED INJURIES.

    ``(a) In General.--If a minor sustains a serious work-related 
injury, each person specified in subsection (b) shall so notify the 
designated State agency, which shall inform each parent of the minor of 
the injury.
    ``(b) Persons Specified.--The persons referred to in subsection (a) 
are:
            ``(1) The employer of the minor.
            ``(2) If medical attention is given to the minor, an 
        appropriate medical professional who is responsible for that 
        medical attention.
            ``(3) If the injury is the subject of investigation by a 
        law enforcement agency, an appropriate employee of that agency.
            ``(4) If the minor attends school and is absent for more 
        than 3 days because of the injury, an appropriate employee of 
        the school.
    ``(c) Definition.--As used in this section, the term `serious work-
related injury' means, with respect to a minor, a work-related injury 
that results in--
            ``(1) the death of the minor;
            ``(2) medical attention for the minor; or
            ``(3) investigation by a law enforcement agency.

``SEC. 206. DATA COMPILATION, RETENTION, AND REPORTING BY DESIGNATED 
              STATE AGENCY.

    ``(a) Data Compilation and Retention.--The designated State agency 
shall compile, on a continuing basis, and retain, for not less than 7 
years, the following:
            ``(1) Statistical data derived from the work permits under 
        section 203.
            ``(2) Statistical data relating to injuries for which 
        notification is required under section 205.
    ``(b) Annual Reports.--The designated State agency shall report 
annually to the Secretary of Labor, at such time and in such manner as 
the Secretary may require--
            ``(1) statistical data referred to in subsection (a); and
            ``(2) information relating to the activities and number of 
        work-hours devoted by State and local government employees 
        (including contractors) to the administration and enforcement 
        of child labor laws in the State.

``SEC. 207. PROHIBITION OF YOUTH PEDDLING.

    ``No employer may employ a minor in youth peddling.

``SEC. 208. ENFORCEMENT.

    ``(a) Civil Action for Bodily Injury, Illness, or Death.--
            ``(1) In general.--A minor who suffers bodily injury, 
        illness, or death as a result of a violation of this title may 
        bring a civil action against the violator. The civil action may 
        be brought in an appropriate Federal court (without regard to 
        the amount in controversy) or in an appropriate State court.
            ``(2) Relief.--In a civil action under this subsection, the 
        court--
                    ``(A) may grant appropriate legal or equitable 
                relief; and
                    ``(B) shall order the defendant to pay to a 
                prevailing plaintiff appropriate amounts for attorney 
                fees and costs.
            ``(3) Relation to state workers' compensation.--In awarding 
        relief under this subsection, the court may take into 
        consideration any payment for the bodily injury, illness, or 
        death under State workers' compensation law. If so provided by 
        State law, any amount awarded under this subsection may be 
        offset against State workers' compensation payments for the 
        bodily injury, illness, or death.
    ``(b) Public Disclosure of Violations.--In the case of any final 
determination that a violation of this title has occurred, the 
Secretary shall, not later than 30 days after the date of the 
determination, publish in the Federal Register and on the web page of 
the Department of Labor the following:
            ``(1) The name of the violator, including any business name 
        and any other name by which the violator is known publicly.
            ``(2) The address of the location at which the violation 
        occurred.
            ``(3) A description of the facts underlying the violation.
            ``(4) A statement of the penalty imposed.
    ``(c) Civil Penalties.--Any person who violates this title, or any 
regulation under this title, shall be subject to a civil penalty of not 
less than $500 and not more than $15,000 for each employee who is the 
subject of the violation, except that--
            ``(1) in the case of a violation that results in serious 
        injury or death, the civil penalty shall be not less than 
        $15,000 and not more than $50,000; and
            ``(2) in the case of a willful or repeat violation, the 
        civil penalty shall be not less than $15,000 and not more than 
        $100,000.
    ``(d) Criminal Penalties.--Whoever violates this title shall be 
imprisoned not more than 3 years or fined under title 18, United States 
Code, or both, except that in the case of a second or subsequent 
offence, the penalty shall be imprisonment of not less than 3 years and 
not more than 5 years and a fine under title 18, United States Code, or 
both.

``SEC. 209. DEFINITIONS.

    ``As used in this title:
            ``(1) The term `designated State agency' means an agency 
        designated under section 202(b).
            ``(2) The term `minor' means an individual who is under the 
        age of 18 years.
            ``(3) The term `parent' includes, with respect to a minor, 
        a legal guardian and any person standing in loco parentis.
            ``(4) The term `school-age minor' means a minor who, as 
        determined under the law applicable to the school district in 
        which the minor lives, has not earned a high school diploma or 
        other document of equivalent or greater status.''.
    (b) Clerical Amendment.--The Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.) is amended by inserting before section 2 the 
following new title heading:

                   ``TITLE I--FAIR LABOR STANDARDS''.

SEC. 102. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO PROVIDE 
              MINIMUM AGE PARITY FOR CHILD LABOR IN AGRICULTURAL AND 
              NONAGRICULTURAL EMPLOYMENT.

    Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``twelve years of age and (i)'' and 
                inserting ``fourteen years of age and''; and
                    (B) by striking ``(ii) '' and all that follows 
                through ``section 6(a)(5),'';
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 103. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO IMPOSE A 
              UNIFORM MINIMUM AGE FOR EMPLOYMENT IN ALL HAZARDOUS 
              OCCUPATIONS.

    Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)) is amended--
            (1) by striking paragraph (2); and
            (2) in the matter before subparagraph (A) of paragraph (1), 
        by striking ``(2) or''.

SEC. 104. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO ELIMINATE 
              SECRETARIAL WAIVER AUTHORITY FOR CERTAIN HAND HARVEST 
              LABOR BY CHILDREN.

    Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)) is amended by striking paragraph (4).

SEC. 105. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO ELIMINATE A 
              CHILD LABOR EXCEPTION FOR SCRAP PAPER BALERS AND PAPER 
              BOX COMPACTORS.

    The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is 
amended--
            (1) by striking paragraph (5) of section 13(c) (29 U.S.C. 
        213(c)(5)); and
            (2) in the first sentence of section 16(e) (29 U.S.C. 
        216(e)), by striking ``or section 13(c)(5)'' each place it 
        appears.

SEC. 106. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO INCLUDE 
              YOUTH PEDDLING.

    (a) Finding.--The second sentence of section 2(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 202(a)) is amended by striking 
``affects'' and inserting the following: ``and the employment of 
persons under the age of 18 years in youth peddling affect''.
    (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the following new 
subsections:
    ``(z) `Youth peddling' means sale of goods or services by a minor 
in a public place (including any street corner, roadway median, sports 
facility, performing arts facility, or public transportation station), 
at the residence of the customer, at the place of business of the 
customer, or from a vehicle, except that such term does not include--
            ``(1) newspaper delivery to a customer at the residence of 
        the customer or at the place of business of the customer;
            ``(2) sale of goods or services at a fixed retail location; 
        or
            ``(3) sale of goods or services on behalf of an 
        organization that is described in section 501(c) of the 
        Internal Revenue Code of 1986 and is exempt from taxation under 
        section 501(a) of such Code, if the minor is a volunteer and 
        does not receive compensation for the sale.
    ``(aa) `Minor' means an individual who is under the age of 18 
years.''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. HAZARDOUS OCCUPATIONS RULE BASED ON NIOSH REPORT.

    (a) In General.--Not later than 24 months after the date of the 
enactment of this section, the Secretary of Labor shall promulgate a 
rule, under section 553 of title 5, United States Code, to carry out 
this section.
    (b) Scope of Rule.--The rule referred to in subsection (a) shall 
provide that, in the application and enforcement of the child labor 
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.), any occupation specified in subsection (c) is particularly 
hazardous for the employment of children between the ages of 16 and 18 
years or detrimental to their health or well-being, within the meaning 
of section 3(l)(2) of that Act (29 U.S.C. 203(l)(2)).
    (c) Occupations Specified.--The occupations referred to in 
subsection (b) are--
            (1) the occupations that are the subjects of 
        recommendations pertaining to current hazardous orders, as 
        stated in part IV of the report entitled ``National Institute 
        for Occupational Safety and Health (NIOSH) Recommendations to 
        the U.S. Department of Labor for Changes to Hazardous Orders'', 
        dated May 3, 2002; and
            (2) the occupations that are the subjects of 
        recommendations for new hazardous orders, as stated in part V 
        of that report.
    (d) Rule Consistency With NIOSH Recommendations.--With respect to 
each occupation, the rule shall impose requirements that are consistent 
with the parts IV and V recommendations in the NIOSH report, except 
that--
            (1) in the case of the part IV recommendation HO 10 for 
        Non-Agricultural Occupations, the rule may not provide for 
        employment of children between the ages of 16 and 18 years in 
        the operation of power-driven meat and food slicers in the 
        wholesale, retail, or services industry;
            (2) the rule may not allow for the operation of counter-top 
        models of power-driven bakery machines, as proposed in the part 
        IV recommendation HO 11 for Non-Agricultural Occupations; and
            (3) in the case of the part IV recommendation HO 1 for 
        Agricultural Occupations, the rule may not provide for 
        employment of children between the ages of 14 and 15 years as 
        tractor operators.

SEC. 202. PERIODIC REVIEW OF RESTRICTED OCCUPATION AND HAZARDOUS 
              OCCUPATION ORDERS.

    (a) In General.--At appropriate intervals, but in no case less than 
once during each five-year period, the Secretary of Labor shall conduct 
a comprehensive review of Restricted Occupation Orders and Hazardous 
Occupation Orders to assure that such Orders are current and effective 
in light of changes in science and technology, data on occupational 
injuries, and other relevant factors.
    (b) Rules.--At the end of each review referred to in subsection 
(a), the Secretary shall promulgate rules, under section 553 of title 
5, United States Code, to effect necessary changes in Restricted 
Occupation Orders and Hazardous Occupation Orders.
    (c) Timing.--The first five-year period referred to in subsection 
(a) is the five-year period beginning with the year in which this 
section is enacted.

SEC. 203. RULE TO PROHIBIT EMPLOYMENT OF MINORS IN CERTAIN ACTIVITIES.

    (a) In General.--Not later than 24 months after the date of the 
enactment of this section, the Secretary of Labor shall promulgate a 
rule, under section 553 of title 5, United States Code, to prohibit 
employment of minors in the following activities:
            (1) Seafood processing.
            (2) Employment requiring a minor to handle or dispose of 
        oil or other liquids from fryers.
    (b) Definition.--As used in this section, the term ``minor'' means 
an individual who is under the age of 18 years.

SEC. 204. REVIEW OF HEALTH AND SAFETY DATA; RULES.

    (a) Review.--Not later than 36 months after the date of the 
enactment of this section, the Secretary of Labor shall complete a 
review of health and safety data on the employment of minors in the 
following activities:
            (1) Repetitive bending, stooping, twisting, and squatting.
            (2) Lifting of heavy objects and unwieldy objects.
            (3) Working alone or late at night in retail establishments 
        where there is direct contact with the public and cash is 
        handled.
            (4) Work in the entertainment industry that is detrimental 
        to the health, safety, education, or well-being of minors.
    (b) Rules.--Upon completion of the review under subsection (a), the 
Secretary shall submit to the Congress a report of the review, together 
with appropriate rules under section 553 of title 5, United States 
Code. The effective date of the rules shall be not earlier than 12 
months after the date on which congressional review begins under 
section 801 of title 5, United States Code.
    (c) Definition.--As used in this section, the term ``minor'' means 
means an individual who is under the age of 18 years.

                       TITLE III--EFFECTIVE DATES

SEC. 301. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of the 
enactment of this Act, except that section 101 of this Act shall take 
effect on the first day of the 12th month after the month in which this 
Act is enacted.
                                 <all>
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