,i #aadth ,,congress #ast ,session ,h4 ,r4 #cchc ,,in ,,the ,,house ,,of ,,representatives ,july #bi1 #bjae ,ms4 ,meng introduced the following bill2 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 actors1 performers1 and models1 to require blocked trust accounts for the financial protection of such children1 to clarify the liability of employers1 contractors1 and other individuals for sexual harassment of such child performers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,child ,performers ,protection ,act of #bjae4 #b4 ,protections for child performers 7a7 ,application of child labor provisions ,section #ac7;c77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77#c77 is amended to read as follows3 7#c7 7,a7 ,the provisions of section #ab relating to child labor shall not apply to any child performer if employment or contracting of the child performer is in accordance with the following3 7i7 7,i7 ,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 #b hours4 7,,ii7 ,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 #d hours a day4 7,,iii7 ,a child performer age #b years to #f years may be permitted to remain at the place of employment or contracting for no more than #f hours a day4 7,,iv7 ,a child performer age #f years to #i years may be permitted to remain at the place of employment or contracting for no more than #h hours per day4 7,v7 ,a child performer age #i years to #af years may be permitted to remain at the place of employment or contracting for no more than #i hours per day4 7ii7 ,an employer or contractor may not employ any child performer unless a trust account 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 account4 ,a trust account described in this clause is one in which-- 7,i7 not less than #ae percent of the earnings of the child performer shall be deposited2 7,,ii7 the child performer has no access to the funds in the account until the child performer reaches the age of #ah2 and 7,,iii7 the parents or legal guardians of the child performer shall have no access to the trust account except in circumstances of financial hardship stipulated in the agreement with the financial institution providing the trust account1 which stipulations shall be in accordance with regulations issued by the ,secretary4 7iii7 ,an employer or contractor may not provide compensation to any child performer in any other form other than cash wages1 exclusive of board1 lodging1 or facilities4 7,b7 ,employment or contracting of a child performer that is not in accordance with limitations and requirements of clauses 7i7 through 7iii7 of subparagraph 7,a7 shall be treated as oppressive child labor for purposes of section #ab4 7,c7 ,the work hour restrictions set forth in clause 7i7 of subparagraph 7,a7 shall not apply to child performers employed in a live theatrical production1 including theater1 opera1 and dance4 4 7b7 ,conforming amendments ,section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7 is amended-- 7#a7 in subsection 7l71 by adding at the end the following3 ,for purposes of this subsection only1 the term employer includes any person who contracts with a child performer who is an independent contractor1 the term employee includes a child performer who is an independent contractor1 and the term employment includes an independent contract between any person and a child performer42 and 7#b7 by adding at the end the following3 7z7 ,child performer ,the term child performer means a child under the age of #ah employed or contracted as an actor or performer in a motion picture or live theatrical production1 or in a radio or television production1 or as a model for a fashion show1 showroom1 or similar production or for commercial media4 4 #c4 ,liability for sexual harassment of child performers 7a7 ,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 constituting harassment on the basis of sex against the child performer4 7b7 ,liability ,any individual in a supervisory role with respect to a child performer shall be liable for unlawful sex discrimination for harassment on the basis of sex against a child performer in violation of subsection 7a7 whether or not such individual is employed by or contracted by a covered employer or contractor4 7c7 ,right of action ,any child performer aggrieved by a violation of subsection 7a71 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 respect to such child performer1 equitable relief and compensatory and punitive damages1 costs1 and attorneys fees4 7d7 ,definitions ,as used in this ,act-- 7#a7 the term child performer has the meaning given such term in section #c7z7 of the ,fair ,labor ,standards ,act of #aich 7as added by section #b72 7#b7 the term covered employer or contractor means an employer or other entity that employs or contracts with a child performer2 7#c7 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-- 7,a7 submission to such conduct is made implicitly a term or condition of a child performer's employment or contract1 or is used as the basis for decisions affecting the child performer's employment or contract2 or 7,b7 such conduct has the purpose or effect of interfering with a child performer's performance1 or creates an intimidating1 hostile1 or offensive working environment2 and 7#d7 the term individual in a supervisory role with respect to a child performer means an employee or independent contractor of an employer or other entity that employs or contracts with a child 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 performer1 including an agent1 manager1 casting director1 child wrangler1 director1 photographer or cinematographer1 makeup artist1 and wardrobe assistant4 #d4 ,review of policies and procedures by employers ,in any case where a violation of section #c7;a7 is alleged1 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 #ac7;c77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77#c771 as amended by section #b4 #e4 ,relationship to ,state law and collective bargaining agreements 7a7 ,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 ,act4 7b7 ,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 requirements4