[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3142 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3142
To amend the Fair Labor Standards Act of 1938 to expand the prohibition
related to child labor, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2023
Mr. Rubio (for himself, Mr. Padilla, Mr. Hickenlooper, and Mr.
Marshall) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to expand the prohibition
related 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 ``Child Labor Accountability Act of
2023''.
SEC. 2. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.
Section 12(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
212(a)) is amended by striking ``thirty'' and inserting ``90''.
SEC. 3. REPORT TO CONGRESS ON CHILD LABOR LAW VIOLATIONS.
Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204)
is amended by adding at the end the following:
``(g) Report to Congress on Child Labor Law Violations.--
``(1) In general.--Not later than one year after the date
of enactment of the Child Labor Accountability Act of 2023, and
annually thereafter, the Secretary, in consultation with the
Attorney General and the head of any other relevant Federal
agency, shall submit a report to Congress that--
``(A) contains summary data on violations of the
provisions of section 12 or 13(c), relating to child
labor, in the year preceding the date of submission of
the report, including--
``(i) the number of complaints of potential
violations of such provisions received by the
Secretary in such year;
``(ii) the number of--
``(I) investigations of potential
violations of such provisions that are
ongoing as of the date of submission of
the report; and
``(II) investigations of potential
violations of such provisions that have
concluded in such year;
``(iii) with respect to violations of such
provisions in such year--
``(I) the total number of such
violations;
``(II) the number of such
violations disaggregated by the
industry in which such violation
occurred;
``(III) the number of such
violations disaggregated by the
provision of law that was violated;
``(IV) the average and median
number of child employees involved in
such violations;
``(V) the total number of child
employees involved in such violations,
disaggregated by characteristics
including--
``(aa) the age of such
child employee; and
``(bb) the sex of such
child employee; and
``(VI) the number of such
violations that caused the death or
serious injury of any child employee
involved in such violation;
``(iv) the total, average, and median
amount of penalties assessed under section
16(e)(1)(A) in such year;
``(v) with respect to criminal penalties
under section 16(a) for violations of section
15(a)(4)--
``(I) the number of individuals
charged under such section for such a
violation in such year, disaggregated
by characteristics including--
``(aa) the age of such
individual;
``(bb) the sex of such
individual; and
``(cc) the relationship of
such individual to any child
employee involved in the
relevant violation of section
15(a)(4); and
``(II) the number of individuals
convicted under such section for such a
violation in such year, disaggregated
by characteristics including--
``(aa) the age of such
individual;
``(bb) the sex of such
individual; and
``(cc) the relationship of
such individual to any child
employee involved in the
relevant violation of section
15(a)(4); and
``(vi) any other information determined
relevant by the Secretary;
``(B) includes information on any activities in
such year by the Secretary of Labor, in cooperation
with State, Tribal, and local law enforcement, to
identify, investigate, and prosecute violations of the
provisions of section 12 or 13(c), relating to child
labor;
``(C) describes trends with respect to such
violations in such year; and
``(D) includes recommendations to Congress for
combating such violations.
``(2) Definition of child employee.--For purposes of this
subsection, the term `child employee' means an employee who is
younger than 18 years of age.''.
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