I 
115TH CONGRESS 
1ST SESSION H. R. 3691 
To limit the number of hours that children may be employed as actors, 
performers, and models, to require blocked trust accounts for the finan-
cial protection of such children, to clarify the liability of employers, 
contractors, and other individuals for sexual harassment of such child 
performers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 6, 2017 
Ms. MENG introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To limit the number of hours that children may be employed 
as actors, performers, and models, to require blocked 
trust accounts for the financial protection of such chil-
dren, to clarify the liability of employers, contractors, 
and other individuals for sexual harassment of such child 
performers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Performers Pro-
tection Act’’. 
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SEC. 2. PROTECTIONS FOR CHILD PERFORMERS. 
(a) APPLICATION OF CHILD LABOR PROVISIONS.— 
Section 13(c)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 213(c)(3)) is amended to read as follows: 
‘‘(3)(A) The provisions of section 12 relating to 
child labor shall not apply to any child performer if 
employment or contracting of the child performer is 
in accordance with the following: 
‘‘(i)(I) An infant who has not reached six 
months of age may be permitted to remain at 
the place of employment or contracting for no 
more than 2 hours. 
‘‘(II) A child performer age six months to 
twenty-four months may be permitted to remain 
at the place of employment or contracting for 
no more than 4 hours a day. 
‘‘(III) A child performer age 2 years to 6 
years may be permitted to remain at the place 
of employment or contracting for no more than 
6 hours a day. 
‘‘(IV) A child performer age 6 years to 9 
years may be permitted to remain at the place 
of employment or contracting for no more than 
8 hours per day. 
‘‘(V) A child performer age 9 years to 16 
years may be permitted to remain at the place 
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of employment or contracting for no more than 
9 hours per day. 
‘‘(ii) An employer or contractor may not 
employ any child performer unless a trust ac-
count has been established on behalf of the 
child performer and the employer has obtained 
the account number of such trust account or 
other proof of the existence of the trust ac-
count. A trust account described in this clause 
is one in which— 
‘‘(I) not less than 15 percent of the 
earnings of the child performer shall be de-
posited; 
‘‘(II) the child performer has no ac-
cess to the funds in the account until the 
child performer reaches the age of 18; and 
‘‘(III) the parents or legal guardians 
of the child performer shall have no access 
to the trust account except in cir-
cumstances of financial hardship stipulated 
in the agreement with the financial institu-
tion providing the trust account, which 
stipulations shall be in accordance with 
regulations issued by the Secretary. 
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‘‘(iii) An employer or contractor may not 
provide compensation to any child performer in 
any other form other than cash wages, exclusive 
of board, lodging, or facilities. 
‘‘(B) Employment or contracting of a child per-
former that is not in accordance with limitations and 
requirements of clauses (i) through (iii) of subpara-
graph (A) shall be treated as oppressive child labor 
for purposes of section 12. 
‘‘(C) The work hour restrictions set forth in 
clause (i) of subparagraph (A) shall not apply to 
child performers employed in a live theatrical pro-
duction, including theater, opera, and dance.’’. 
(b) CONFORMING AMENDMENTS.—Section 3 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 203) is 
amended— 
(1) in subsection (l), by adding at the end the 
following: ‘‘For purposes of this subsection only, the 
term ‘employer’ includes any person who contracts 
with a child performer who is an independent con-
tractor, the term ‘employee’ includes a child per-
former who is an independent contractor, and the 
term ‘employment’ includes an independent contract 
between any person and a child performer.’’; and 
(2) by adding at the end the following: 
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‘‘(z) CHILD PERFORMER.—The term ‘child per-
former’ means a child under the age of 18 employed or 
contracted as an actor or performer in a motion picture 
or live theatrical production, or in a radio or television 
production, or as a model for a fashion show, showroom, 
or similar production or for commercial media.’’. 
SEC. 3. LIABILITY FOR SEXUAL HARASSMENT OF CHILD 
PERFORMERS. 
(a) UNLAWFUL HARASSMENT ON THE BASIS OF SEX 
AGAINST A CHILD PERFORMER.—It shall be unlawful sex 
discrimination for any individual in a supervisory role with 
respect to a child performer to engage in any conduct con-
stituting harassment on the basis of sex against the child 
performer. 
(b) LIABILITY.—Any individual in a supervisory role 
with respect to a child performer shall be liable for unlaw-
ful sex discrimination for harassment on the basis of sex 
against a child performer in violation of subsection (a) 
whether or not such individual is employed by or con-
tracted by a covered employer or contractor. 
(c) RIGHT OF ACTION.—Any child performer ag-
grieved by a violation of subsection (a), or a parent or 
guardian of such child performer may bring a civil action 
in any Federal court of competent jurisdiction to recover 
from an individual who violates such subsection with re-
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spect to such child performer, equitable relief and compen-
satory and punitive damages, costs, and attorneys fees. 
(d) DEFINITIONS.—As used in this Act— 
(1) the term ‘‘child performer’’ has the meaning 
given such term in section 3(z) of the Fair Labor 
Standards Act of 1938 (as added by section 2); 
(2) the term ‘‘covered employer or contractor’’ 
means an employer or other entity that employs or 
contracts with a child performer; 
(3) the term ‘‘harassment on the basis of sex’’ 
with respect to a child performer means any verbal 
or physical conduct of a sexual nature where— 
(A) submission to such conduct is made 
implicitly a term or condition of a child per-
former’s employment or contract, or is used as 
the basis for decisions affecting the child per-
former’s employment or contract; or 
(B) such conduct has the purpose or effect 
of interfering with a child performer’s perform-
ance, or creates an intimidating, hostile, or of-
fensive working environment; and 
(4) the term ‘‘individual in a supervisory role 
with respect to a child performer’’ means an em-
ployee or independent contractor of an employer or 
other entity that employs or contracts with a child 
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performer who has direct supervision over the child 
performer or is responsible for working with the 
child performer in any capacity in furtherance of the 
performance or artistic expression of the child per-
former, including an agent, manager, casting direc-
tor, child wrangler, director, photographer or cine-
matographer, makeup artist, and wardrobe assist-
ant. 
SEC. 4. REVIEW OF POLICIES AND PROCEDURES BY EM-
PLOYERS. 
In any case where a violation of section 3(a) is al-
leged, the employer of the individual or individuals alleged 
to have committed the violation shall conduct an internal 
review of its policies and procedures for protecting child 
performers and ensuring compliance with section 13(c)(3) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)(3)), as amended by section 2. 
SEC. 5. RELATIONSHIP TO STATE LAW AND COLLECTIVE 
BARGAINING AGREEMENTS. 
(a) STATE LAW.—This Act and the amendments 
made by this Act shall not be construed to preempt any 
law or regulation of a State or a political subdivision of 
a State containing requirements that are greater than the 
requirements of this Act and the amendments made by 
this Act. 
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(b) COLLECTIVE BARGAINING AGREEMENTS.—This 
Act and the amendments made by this Act shall not be 
construed to preempt any collective bargaining agreement 
or any contract that establishes more stringent require-
ments. 
Æ 
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