I 
109TH CONGRESS 
1ST SESSION H. R. 3482
To amend the Fair Labor Standards Act of 1938 to increase penalties 
for violations of child labor laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005
Ms. ROYBAL-ALLARD 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 increase 
penalties for violations of child labor laws, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Children’s Act for Responsible Employment of 2005’’ or 
the ‘‘CARE Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short Title; Table of Contents. 
Sec. 2. Revised Age Requirement for Child Agricultural Employment; Repeal of 
Waiver Provision for Hand Harvest Laborers.
Sec. 3. Increased Civil Penalties for Child Labor Violations. 
Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor Viola-
tions. 
Sec. 5. Report to Congress on Work-Related Injuries to Children and Related 
Matters. 
Sec. 6. Employer Reporting Requirements. 
Sec. 7. Enforcement of Child Labor Provisions. 
Sec. 8. Pesticide-Related Worker Protection Standard. 
Sec. 9. Youth Activities for Farmworkers. 
Sec. 10. Application of Fair Labor Standards Amendments.
SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICUL-
TURAL EMPLOYMENT; REPEAL OF WAIVER 
PROVISION FOR HAND HARVEST LABORERS. 
(a) REVISED AGE REQUIREMENT.—Section 13(c) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) 
is amended by striking paragraphs (1) and (2) and insert-
ing the following: 
‘‘(c)(1) The provisions of section 12 relating to child 
labor shall not apply to any employee under 16 years of 
age employed in agriculture, including in an agricultural 
occupation that the Secretary of Labor finds and declares 
to be particularly hazardous under section 3(l), if—
‘‘(A) the employee is employed by a parent of 
the employee or by a person standing in the place 
of the parent, on a farm owned or operated by the 
parent or person; and 
‘‘(B) the employment is outside of school hours 
for the school district where the employee is living 
while so employed.’’.
(b) REPEAL OF WAIVER PROVISION.—Section 13(c) 
of such Act (29 U.S.C. 213(c)) is further amended by 
striking paragraph (4). 
SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR 
VIOLATIONS. 
Section 16(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(e)) is amended—
(1) in the first sentence by striking ‘‘not to ex-
ceed $10,000’’ and inserting ‘‘not less than $500 
and not more than $50,000’’; and 
(2) by inserting after the first sentence the fol-
lowing new sentences: ‘‘In the case of a violation 
under the preceding sentence that results in a seri-
ous lost-time work-related injury or a serious lost-
time work-related illness (as such terms are defined 
in section 12A(c)) to an employee or results in the 
death of an employee, the civil penalty shall be not 
more than $50,000. In the case of a repeated or 
willful violation that results in a serious lost-time 
work-related injury or a serious lost-time work-re-
lated illness to an employee or results in the death 
of an employee, the civil penalty shall be not more 
than $100,000.’’.
SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AG-
GRAVATED CHILD LABOR VIOLATIONS. 
Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216) is amended by adding at the end the fol-
lowing: 
‘‘(f) Any person who repeatedly or willfully violates 
any of the provisions of section 12, and such violations 
result in or contribute to the death or permanent disability 
of an employee under 18 years of age at the time of such 
violation, shall be subject to imprisonment for not more 
than five years or a fine under title 18, United States 
Code, or both.’’. 
SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJU-
RIES TO CHILDREN AND RELATED MATTERS. 
The Fair Labor Standards Act of 1938 is amended 
by inserting after section 12 (29 U.S.C. 212) the following 
new section: 
‘‘SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHIL-
DREN AND RELATED MATTERS. 
‘‘(a) DATA ANALYSIS.—Using the sources specified 
in subsection (b), the Secretary shall analyze data con-
cerning children under the age of 18 who are employed 
in agriculture, and with respect to such children, each seri-
ous lost-time work-related injury, serious lost-time work-
related illness, or work-related death.
‘‘(b) SOURCES SPECIFIED.—The sources referred to 
in subsection (a) are the following: 
‘‘(1) Sources within the Department of Labor, 
including the Wage and Hour Division, the Bureau 
of Labor Statistics, and the Occupational Safety and 
Health Administration. 
‘‘(2) State employment security agencies and 
other relevant State agencies. 
‘‘(3) The National Institute for Occupational 
Safety and Health. 
‘‘(c) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘serious lost-time work-related 
injury’ means, with respect to an employee under 18 
years of age, a work-related injury which results in 
lost employment time for such employee of at least 
one work day. 
‘‘(2) The term ‘serious lost-time work-related 
illness’ means, with respect to an employee under 18 
years of age, a work-related illness which results in 
lost employment time for such employee of at least 
one work day. 
‘‘(d) REPORT.—The Secretary shall submit an an-
nual report to Congress which shall include the fol-
lowing—
‘‘(1) a summary of the data collected by the 
Secretary under this section and section 12B; 
‘‘(2) an evaluation, based on such data, that re-
flects the status of child labor and related safety and 
health hazards; and 
‘‘(3) any information, based on such data, that 
leads the Secretary to believe that children under 18 
years of age may have been employed in violation of 
section 12.’’. 
SEC. 6. EMPLOYER REPORTING REQUIREMENTS. 
The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after section 12A, 
as added by section 5, the following new section: 
‘‘SEC. 12B EMPLOYER REPORTING REQUIREMENTS. 
‘‘(a) REPORT.—Not later than five days after an 
event specified under subsection (b), the employer involved 
in the event shall submit a report to the Secretary in ac-
cordance with subsection (c). 
‘‘(b) EVENTS SPECIFIED.—An event referred to in 
subsection (a) is—
‘‘(1) a serious lost-time work-related injury to 
an employee under 18 years of age employed in agri-
culture;
‘‘(2) the discovery of a serious lost-time work-
related illness of an employee under 18 years of age 
employed in agriculture; or 
‘‘(3) a work-related death of an employee under 
18 years of age employed in agriculture. 
‘‘(c) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include—
‘‘(1) the name and address of the employer; 
‘‘(2) the name, address, and age of the em-
ployee; 
‘‘(3) details about the injury, illness, or death 
of the employee; and 
‘‘(4) such other information as the Secretary of 
Labor may by regulation prescribe. 
‘‘(d) PENALTY FOR FAILURE TO REPORT.—The Sec-
retary may assess a civil penalty on any employer who fails 
to file a report as required by this section in an amount 
up to $7,000 per violation. 
‘‘(e) DEFINITION.—As used in this section, the terms 
‘serious lost-time work-related injury’ and ‘serious lost-
time work-related illness’ have the meanings given those 
terms in section 12A.’’. 
SEC. 7. ENFORCEMENT OF CHILD LABOR PROVISIONS. 
Subject to the availability of appropriations, the Sec-
retary of Labor shall—
(1) employ at least 100 additional inspectors 
within the Wage and Hour division of the Depart-
ment of Labor for the principal purpose of enforcing 
compliance with child labor laws; and 
(2) provide for a 10 percent increase in the 
budget of the Office of the Solicitor of Labor for the 
principal purpose of increasing prosecution of viola-
tions of child labor laws. 
SEC. 8. PESTICIDE-RELATED WORKER PROTECTION STAND-
ARD. 
(a) INCORPORATION
OF
WORKER
PROTECTION 
STANDARD
IN CHILD LABOR PROVISIONS.—Not later 
than 180 days after the date of enactment of this Act, 
the Secretary of Labor shall issue final rules to incor-
porate within the rules relating to the child labor provi-
sions of section 12 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 212) the worker protection standard for 
workers exposed to pesticides in part 170 of title 40, Code 
of Federal Regulations. If, after incorporating such stand-
ard, the standard in such part is revised, the Secretary 
shall, by rule, incorporate such revisions within the rules 
relating to the child labor provisions of section 12 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 212). 
(b) RECONCILIATION OF CIVIL PENALTIES.—Section 
16 of the Fair Labor Standards Act of 1938 (29 U.S.C.
216), as amended by sections 3 and 4, is further amended 
by adding at the end the following new subsections: 
‘‘(g) The amount of a civil penalty imposed by the 
Secretary on a violator for a violation of section 12 of this 
Act may be offset by the Administrator of the Environ-
mental Protection Agency against the amount of a civil 
penalty imposed by the Administrator for a violation of 
the worker protection standard promulgated under the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. prec. 121 et seq.) by the same violator if the Ad-
ministrator determines that the violation of such standard 
involved the same conduct affecting the same child work-
ers in whose interests the first civil penalty was imposed. 
‘‘(h) The amount of a civil penalty imposed by the 
Administrator of the Environmental Protection Agency on 
a violator for a violation of the worker protection standard 
promulgated under the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. prec. 121 et seq.) may be 
offset by the Secretary against the amount of a civil pen-
alty imposed by the Secretary for a violation of section 
12 of this Act by the same violator if the Secretary deter-
mines that the violation of such section involved the same 
conduct affecting the same child workers in whose inter-
ests the first civil penalty was imposed.’’.
SEC. 9. YOUTH ACTIVITIES FOR FARMWORKERS. 
Section 127(b)(1)(A)(iii) of the Workforce Invest-
ment Act of 1996 is amended to read as follows: 
‘‘(iii) YOUTH ACTIVITIES FOR FARM-
WORKERS.—The 
Secretary 
shall 
make 
available the greater of $10,000,000 or 4 
percent of the amount appropriated under 
section 137(a) for any fiscal year to pro-
vide youth activities under section 167.’’. 
SEC. 
10. 
APPLICATION 
OF 
FAIR 
LABOR 
STANDARDS 
AMENDMENTS. 
(a) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Labor shall 
issue final rules to implement the amendments made by 
sections 2 through 6. The rules issued under this sub-
section shall take effect not later than 30 days after the 
date on which the final rules are published in the Federal 
Register. 
(b) VIOLATIONS.—The amendments made by sections 
3 and 4 shall apply to violations of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 201 et seq.) that occur after 
the date on which the rules issued under subsection (a) 
take effect. 
(c) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by section 3 or 4 shall be construed 
to preempt any State law that provides protections or rem-
edies for employees that are greater than the protections 
or remedies provided under such amendments. 
(d) EMPLOYER REPORTING REQUIREMENTS.—The 
employer reporting requirements of section 12B of the 
Fair Labor Standards Act of 1938, as added by section 
6, shall take effect on the date on which the final rules 
issued under subsection (a) take effect.
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