[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2239 Introduced in House (IH)]







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. Velazquez, 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 within 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Act for Responsible 
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 agriculture 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 
employee 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 survivor of such 
employee) aggrieved by a violation of section 12 resulting in serious 
bodily injury to, or the serious illness 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, without 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 subsection 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) Except 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 remedies 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:
    ``(e)(1) The Secretary, using information provided by the Director 
of the Bureau of the Census, shall biannually compile, and make 
available to the public, data from respective State employment security 
agencies and from other sources in all the States concerning--
            ``(A) the types of industries and occupations in which 
        children under the age of 18 years are employed; and
            ``(B) cases in which the Secretary determines that such 
        children were employed in violation of this section.
    ``(2)(A) Each employer who employs an employee under the age of 18 
years shall report to the Secretary and the appropriate State 
employment security agency any injury (including an injury resulting in 
death) to such employee that results in lost employment time of at 
least one working day or any illness such employee incurred in the 
course of employment.
    ``(B) Such report shall be made not later than five days after such 
injury or illness and shall include--
            ``(i) the age of the child;
            ``(ii) the nature of the job in which the employee is 
        employed (including large-scale, commercial agriculture);
            ``(iii) the circumstances surrounding the injury or illness 
        to such employee; and
            ``(iv) to the extent permitted under an applicable 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), respectively, of section 12(e) of 
such Act (29 U.S.C. 212(e)(1) and (3)), as added by subsection (a) of 
this section, 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 following new subsection:
    ``(g) The Secretary shall encourage and, where practicable, 
establish closer working relationships with nongovernmental 
organizations and with State and local government 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 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. 6. CHILD LABOR ENFORCEMENT.

    Subject to the availability of appropriations, the Secretary of 
Labor shall--
            (1) employ at least 100 additional inspectors within the 
        Wage and Hour Division of the Department 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 violations of child labor laws.

SEC. 7. WORKER PROTECTION STANDARD.

    (a) In General.--Section 25 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the 
following new subsection:
    ``(f) Worker Protection Standard.--
            ``(1) Farmworker children and women.--
                    ``(A) In general.--For the purpose of affording 
                greater protection to children and women employed on, 
                or present near, farms, the Administrator, in 
                consultation with the Secretary of Labor, shall revise 
                the worker protection standard promulgated under this 
                section to take into account the routine presence of 
                children through age 18 years (including nursing 
                children) and nursing or pregnant women employed on, or 
                present near, a farm or in or around a field in which a 
                pesticide is applied, necessitating separate and more 
                stringent regulations 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 differential impact 
                of pesticides and correspondingly greater risks posed 
                to such children and women.
                    ``(B) Periodic review.--The Administrator, in 
                consultation with the Secretary of Labor, shall review 
                all facets of the worker protection 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 
                considerations described in subparagraph (A).
            ``(2) Scope and reporting of inspections.--The 
        Administrator shall--
                    ``(A) promulgate specific requirements to be 
                fulfilled in the conduct of all inspections regarding 
                compliance with the worker protection standard 
                promulgated under this section; and
                    ``(B) publish an annual report on the findings and 
                results of the inspections for each State.''.
    (b) Conforming Amendment.--The table of contents 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 Investment 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 assessment 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 required if the provider carrying out such 
                a program determines it is appropriate to use a recent 
                assessment of the participant conducted under another 
                education or training program.
                    ``(B) Programs that develop service strategies for 
                each participant that shall identify an academic goal, 
                appropriate achievement objectives, and appropriate 
                services for the participant taking into account the 
                assessment conducted under subparagraph (A). A new 
                service strategy for a participant shall not be 
                required if the provider carrying out such a program 
                determines it is appropriate to use a recent service 
                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 linkages between 
                academic and occupational learning preparation for 
                unsubsidized employment opportunities, in appropriate 
                cases.
            ``(2) Program elements.--The programs described 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.
                    ``(B) Alternative secondary school services, as 
                appropriate.
                    ``(C) Summer employment opportunities that are 
                directly linked to academic and occupational learning.
                    ``(D) Paid and unpaid work experiences, including 
                internships and job shadowing, as appropriate.
                    ``(E) Visits to institutions of higher education, 
                as appropriate.
                    ``(F) Leadership development opportunities, which 
                may include community service and peer-centered 
                activities encouraging responsibility and other 
                positive social behaviors during nonschool hours, as 
                appropriate.
                    ``(G) Comprehensive guidance and counseling, which 
                may include drug and alcohol abuse counseling and 
                referral, as appropriate.
                    ``(H) Adult mentoring for the period of 
                participation in a program under subparagraph (C) or 
                (D) of paragraph (1) and a subsequent period, for a 
                total of not less than 12 months.
                    ``(I) Followup services for not less than one year 
                after the completion of participation in a program 
                under subsection (C) or (D) of paragraph (1), as 
                appropriate.
                    ``(J) Stipends to offset loss of work-related 
                income or loss of potential work-related income. Any 
                such stipend shall be paid to the parent or guardian of 
                the migratory youth (or to the youth, if such youth is 
                emancipated under an applicable State law), if such 
                parent or guardian (or youth) provides to the grant 
                recipient--
                            ``(i) proof of enrollment in an education 
                        program (including current school records or, 
                        if school is not in session, school records 
                        from the previous academic year); and
                            ``(ii) if the migratory youth is employed, 
                        a statement from the employer describing the 
                        employment and the working hours of such youth, 
                        or if the migratory youth is not employed, a 
                        statement stating that fact.
            ``(3) Condition.--A recipient of a grant under this 
        subsection shall coordinate its activities with those of State 
        or local educational agencies providing programs authorized 
        under part C of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6391 et seq.).
            ``(4) Migratory youth defined.--In this subsection, the 
        term `migratory youth' means a migratory child (as such term is 
        defined in section 1309(2) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6399(2))) who is at least 12 
        years old and not more than 18 years old.
            ``(5) Administration, data collection, and evaluation.--
                    ``(A) In general.--The Secretary may reserve up to 
                6 percent of the funds made available under section 
                127(b)(1)(A)(iii) for the migrant and seasonal 
                farmworker youth dropout prevention program under this 
                subsection for administration, data collection, and 
                evaluation of the program.
                    ``(B) Special reservation.--Subject to available 
                appropriations, the Secretary shall use up to 2 percent 
                of the funds made available under section 
                127(b)(1)(A)(iii) to enter into a contract with a 
                national farmworker organization--
                            ``(i) to establish and maintain an 
                        electronic database of program participants;
                            ``(ii) to operate a toll-free national 
                        telephone program information line to assist 
                        migratory youth in accessing dropout prevention 
                        services under this subsection;
                            ``(iii) to assist the Departments of Labor 
                        and Education in developing appropriate methods 
                        for evaluating the program under this 
                        subsection;
                            ``(iv) to provide technical assistance and 
                        training to grant recipients; and
                            ``(v) to develop a migrant and seasonal 
                        farmworker youth dropout prevention model based 
                        on the best practices used in successful 
                        programs.
            ``(6) Availability of program under this subsection.--
        Notwithstanding section 188(a)(5) or any other provision of 
        law, a program under this subsection may be made available to 
        an immigrant other than one authorized by the Attorney General 
        to work in the United States.''.
    (b) Purposes.--Section 129(a) of such Act (29 U.S.C. 2854(a)) is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) to provide supportive services, opportunities, and 
        incentives to eligible migrant and seasonal farmworker youth to 
        encourage and assist them in remaining in secondary school 
        through graduation.''.
    (c) Funding.--Section 127(b)(1)(A)(iii) of such Act (29 U.S.C. 
2851(b)(1)(A)(iii)) is amended by inserting ``the greater of 
$50,000,000 or'' after ``make available''.
    (d) Cross-Reference.--Section 167(d) of such Act (29 U.S.C. 
2912(d)) is amended by inserting ``(including activities under section 
129(d))'' after ``dropout prevention activities''.

SEC. 9. FAIR LABOR STANDARDS REGULATIONS.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Labor shall promulgate regulations to carry out 
sections 2 through 6 and the amendments made by such sections. Such 
regulations shall take effect not later than 30 days after the date of 
such promulgation.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act and 
the amendments made by this Act such sums as may be necessary.

SEC. 11. EFFECTIVE DATE FOR FAIR LABOR STANDARDS AMENDMENTS.

    The amendments made by sections 2 through 5 of this Act shall take 
effect on the date that the rules promulgated under section 9 take 
effect.
                                 <all>