I
105TH CONGRESS
2D SESSION
H. R. 4450
To amend the Fair Labor Standards Act of 1938 to reform the provisions
relating to child labor.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Mr. GEPHARDT (for himself and Mr. LANTOS) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Children’s Act for Responsible Employment’’ or the
‘‘CARE Act’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.).
SEC. 2. AGRICULTURAL EMPLOYMENT.
Section 13(c) (29 U.S.C. 213(c)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) The provisions of section 12 relating to child
labor shall not apply to any employee employed in agri-
culture outside of school hours for the school district
where such employee is living while such employee is so
employed, if such employee is employed by such employee’s
parent or legal guardian, on a farm owned or operated
by such parent or legal guardian.’’; and
(2) by striking paragraphs (2) and (4).
SEC. 3. YOUTH PEDDLING.
(a) FINDING.—The last sentence of section 2(a) (29
U.S.C. 202(a)) is amended by inserting after ‘‘house-
holds’’ the following: ‘‘and the employment of employees
in youth peddling’’.
(b) OPPRESSIVE CHILD LABOR.—Section 3(l) (29
U.S.C. 203(l)) is amended in the last sentence by striking
‘‘manufacturing and mining’’ and inserting ‘‘manufactur-
ing, mining, and youth peddling’’.
(b) DEFINITION.—Section 3 (29 U.S.C. 203) is
amended by adding at the end the following:
‘‘(y) ‘Youth peddling’ means selling goods or services
by employees under the age of 16 to customers at their
residences, places of business, or public places such as
street corners or public transportation stations. The term
‘youth peddling’ does not include—
‘‘(1) the activities of individuals who, as volun-
teers, sell goods or services on behalf of not-for-prof-
it organizations; or
‘‘(2) certain categories of employment, such as
seasonal employment, which the Secretary may by
regulation exclude from such term.’’.
(c) PROHIBITION
OF YOUTH PEDDLING.—Section
12(c) (29 U.S.C. 212(c)) is amended by inserting after
‘‘oppressive child labor in commerce or in the production
of goods for commerce’’ the following: ‘‘, in youth ped-
dling,’’.
SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD
LABOR VIOLATIONS.
(a) CIVIL MONEY PENALTIES.—Section 16(e) (29
U.S.C. 216(e)) is amended in the first sentence—
(1) by striking ‘‘$10,000’’ and inserting
‘‘$15,000’’;
(2) by inserting after ‘‘subject to a civil penalty
of’’ the following: ‘‘not less than $500 and’’.
(b) CRIMINAL
PENALTIES.—Section 16(a) (29
U.S.C. 216(a)) is amended by adding at the end the fol-
lowing: ‘‘Any person who violates the provisions of section
15(a)(4), concerning oppressive child labor, shall on con-
viction be subject to a fine of not more than $15,000, or
to imprisonment for not more than 5 years, or both, in
the case of a willful or repeat violation that results in or
contributes to a fatality of a minor employee or a perma-
nent disability of a minor employee, or a violation which
is concurrent with a criminal violation of any other provi-
sion of this Act or of any other Federal or State law.’’.
SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR.
Section 12(a) (29 U.S.C. 212(a)) is amended by in-
serting after ‘‘notice of any such violation’’ the following
‘‘or any other such shipment or delivery for shipment that
the Secretary determines may be allowed to be shipped
or delivered for shipment in interstate commerce’’.
SEC. 6. COORDINATION.
Section 4 (29 U.S.C. 204) is amended by adding at
the end the following:
‘‘(g) The Secretary shall encourage and establish
closer working relationships with non-governmental orga-
nizations and with State and local government agencies
having responsibility for administering and enforcing labor
and safety and health laws. Upon the request of the Sec-
retary, and to the extent permissible under applicable law,
State and local government agencies with information re-
garding injuries and deaths of employees shall submit such
information to the Secretary for use as appropriate in the
enforcement of section 12 and in the promulgation and
interpretation of the regulations and orders authorized by
section 3(l). The Secretary may reimburse such State and
local government agencies for such services.’’.
SEC. 7. REGULATIONS AND MEMORANDUM OF UNDER-
STANDING.
(a) REGULATIONS.—The Secretary of Labor shall
issue such regulations as are necessary to carry out this
Act and the amendments made by this Act.
(b) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of Labor and the Secretary of Agriculture shall, not
later than 180 days after the date of enactment of this
Act, enter into a memorandum or understanding to coordi-
nate the development and enforcement of standards to
minimize child labor.
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