I
107TH CONGRESS
1ST SESSION
H. R. 2239
To reform certain laws affecting child labor, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2001
Ms. ROYBAL-ALLARD (for herself, Mr. REYES, Mr. PASTOR, Ms. SOLIS, Mr.
BACA, Mrs. NAPOLITANO, Mr. RODRIGUEZ, Mr. ACEVEDO-VILA´, Mr.
BECERRA, Mr. ORTIZ, Mr. SERRANO, Mr. HINOJOSA, Mr. GONZALEZ,
Mr. GUTIERREZ, Mr. UNDERWOOD, Mr. MENENDEZ, Ms. VELA´ZQUEZ,
and Ms. SANCHEZ) introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To reform certain laws affecting child labor, 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 ‘‘Children’s Act for Re-
sponsible Employment of 2001’’ or the ‘‘CARE Act of
2001’’.
SEC. 2. CHILD AGRICULTURAL EMPLOYMENT.
(a) FAMILY AGRICULTURAL EMPLOYMENT.—Section
13(c)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(c)(1)) is amended to read as follows:
‘‘(c)(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 so employed, if such
employee is employed by a family member of such em-
ployee on a farm that is owned or operated by such family
member. In this paragraph, the term ‘family member’
means a parent, grandparent, aunt, uncle, first cousin, or
legal guardian.’’.
(b) OTHER CHILD AGRICULTURAL EMPLOYMENT.—
Section 13(c) of such Act (29 U.S.C. 213(c)) is further
amended by striking paragraphs (2) and (4).
SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD
LABOR VIOLATIONS.
(a) CIVIL PENALTY.—Section 16(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216(e)) is
amended in the first sentence by striking ‘‘not to exceed
$10,000’’ and inserting ‘‘not less than $500 nor more
than $15,000’’.
(b) PRIVATE RIGHT OF ACTION.—Section 16 of such
Act (29 U.S.C. 216) is amended by adding at the end the
following new subsection:
‘‘(f)(1) An employee (or the legal guardian or sur-
vivor of such employee) aggrieved by a violation of section
12 resulting in serious bodily injury to, or the serious ill-
ness or death of, such an employee may, in a civil action,
recover from the employer of such employee appropriate
legal or equitable relief.
‘‘(2) An action under this subsection may be brought
in a Federal or State court of competent jurisdiction, with-
out regard to the amount in controversy.
‘‘(3) In an action under this subsection, a court shall,
in addition to any judgment ordered, allow a prevailing
plaintiff to recover from the defendant the costs of the
action and reasonable attorney fees.
‘‘(4) If a plaintiff has recovered compensation under
a State workers’ compensation law for the same violation
as alleged in an action under this subsection, a court may
consider the amount recovered under such State law when
awarding any relief under this subsection.
‘‘(5) If a plaintiff collects a judgment under this sub-
section and also seeks recovery for the same violation
under a State workers’ compensation law, a State may
elect to offset recovery obtained under this subsection
against any recovery provided under such State law.’’.
(c) CRIMINAL PENALTIES.—Section 16(a) of such
Act (29 U.S.C. 216(a)) is amended—
(1) by striking ‘‘Any’’ and inserting ‘‘(1) Ex-
cept as provided in paragraph (2), any’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Any person who violates the provisions of section
15(a)(4) concerning child labor shall upon conviction be
subject to a fine under title 18, United States Code, or
to imprisonment for not more than 5 years, or both, in
the case of—
‘‘(A) a willful or repeat violation that results in
or contributes to a fatality of a minor employee or
a permanent disability of a minor employee; or
‘‘(B) a violation which is concurrent with a
criminal violation of any other provision of this Act
or of any other Federal or State law concerning
child labor.’’.
(d) RULE
OF
CONSTRUCTION.—Nothing in the
amendments made by this section may 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.
SEC. 4. REPORTING AND RECORDKEEPING.
(a) IN GENERAL.—Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is amended by
adding at the end the following new subsection:
‘‘(iii) the circumstances surrounding the injury
or illness to such employee; and
‘‘(iv) to the extent permitted under an applica-
ble State or Federal law, the report of any physician
and health care facility which provided care for such
employee.
‘‘(3) Using information collected under paragraphs
(1) and (2), the Secretary shall submit to the Congress
a biannual report on the status of child labor in the United
States and its attendant safety and health hazards.’’.
(b) INITIAL COMPILATION AND REPORT.—The first
compilation and report under paragraphs (1) and (3), re-
spectively, of section 12(e) of such Act (29 U.S.C.
212(e)(1) and (3)), as added by subsection (a) of this sec-
tion, shall be completed not later than 2 years after the
date of enactment of this Act.
SEC. 5. COORDINATION.
Section 4 of the Fair Labor Standards Act of 1938
(29 U.S.C. 204) is amended by adding at the end the fol-
lowing new subsection:
‘‘(g) The Secretary shall encourage and, where prac-
ticable, establish closer working relationships with non-
governmental organizations and with State and local gov-
ernment agencies having responsibility for administering
and enforcing labor and safety and health laws. Upon the
request of the Secretary and to the extent permissible
under applicable law, State and local government agencies
with information regarding injuries and deaths of employ-
ees 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 reim-
burse such State and local government agencies for such
services.’’.
SEC. 6. CHILD LABOR ENFORCEMENT.
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 for the Employment Standards Division
within the office of the Solicitor of Labor for the
principal purpose of increasing prosecution of viola-
tions of child labor laws.
SEC. 7. WORKER PROTECTION STANDARD.
(a) IN GENERAL.—Section 25 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is
amended by adding at the end the following new sub-
section:
‘‘(f) WORKER PROTECTION STANDARD.—
‘‘(1) FARMWORKER CHILDREN AND WOMEN.—
‘‘(A) IN GENERAL.—For the purpose of af-
fording greater protection to children and
women employed on, or present near, farms, the
Administrator, in consultation with the Sec-
retary of Labor, shall revise the worker protec-
tion standard promulgated under this section to
take into account the routine presence of chil-
dren through age 18 years (including nursing
children) and nursing or pregnant women em-
ployed on, or present near, a farm or in or
around a field in which a pesticide is applied,
necessitating separate and more stringent regu-
lations for restricted entry intervals and other
pertinent worker health and safety standards,
in view of the physiological differences between
men and such children and women and the dif-
ferential impact of pesticides and correspond-
ingly greater risks posed to such children and
women.
‘‘(B) PERIODIC
REVIEW.—The Adminis-
trator, in consultation with the Secretary of
Labor, shall review all facets of the worker pro-
tection standard at least once every 5 years
after the date of enactment of this subsection
to take into account and incorporate advances
in scientific knowledge regarding the consider-
ations described in subparagraph (A).
‘‘(2) SCOPE
AND
REPORTING
OF
INSPEC-
TIONS.—The Administrator shall—
‘‘(A) promulgate specific requirements to
be fulfilled in the conduct of all inspections re-
garding compliance with the worker protection
standard promulgated under this section; and
‘‘(B) publish an annual report on the find-
ings and results of the inspections for each
State.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of such Act (7 U.S.C. prec. 121) is
amended by adding at the end of the items relating to
section 25 the following new items:
‘‘(e) Peer review.
‘‘(f) Worker protection standard.
‘‘(1) Farmworker children and women.
‘‘(2) Scope and reporting of inspections.’’.
SEC. 8. MIGRANT AND SEASONAL FARMWORKER YOUTH
DROPOUT PREVENTION.
(a) IN GENERAL.—Section 129 of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2854) is amended by
adding at the end the following new subsection:
‘‘(d) MIGRANT AND SEASONAL FARMWORKER YOUTH
DROPOUT PREVENTION.—
‘‘(1) AUTHORIZED PROGRAM ACTIVITIES.—The
Secretary shall make grants on a competitive basis
to assist grant recipients to provide the following
programs to migratory youth:
‘‘(A) Programs that provide an objective
assessment of the academic levels, skill levels,
and service needs of each participant, which as-
sessment shall include a review of basic skills,
interests, aptitudes, supportive service needs,
and developmental needs of such participant. A
new assessment of a participant shall not be re-
quired if the provider carrying out such a pro-
gram determines it is appropriate to use a re-
cent assessment of the participant conducted
under another education or training program.
‘‘(B) Programs that develop service strate-
gies for each participant that shall identify an
academic goal, appropriate achievement objec-
tives, and appropriate services for the partici-
pant taking into account the assessment con-
ducted under subparagraph (A). A new service
strategy for a participant shall not be required
if the provider carrying out such a program de-
termines it is appropriate to use a recent serv-
ice strategy developed for the participant under
another education or training program.
‘‘(C) Programs that provide preparation
for postsecondary educational opportunities, in
appropriate cases.
‘‘(D) Programs that provide strong link-
ages between academic and occupational learn-
ing preparation for unsubsidized employment
opportunities, in appropriate cases.
‘‘(2) PROGRAM ELEMENTS.—The programs de-
scribed in subparagraphs (C) and (D) of paragraph
(1) shall include the following elements:
‘‘(A) Tutoring, study skills training, and
instruction, leading to completion of secondary
school, including dropout prevention strategies.