[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9440-S9442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Kennedy, Mr. Kerry, and Ms. 
        Moseley-Braun):
  S. 2383. A bill to amend the Fair Labor Standards Act of 1938 to 
reform the provisions relating to child labor; to the Committee on 
Labor and Human Resources.


             THE CHILDREN'S ACT FOR RESPONSIBLE EMPLOYMENT

 Mr. HARKIN. Mr. President, on behalf of myself, Mr. Kennedy, 
Mr. Kerry and Ms. Moseley-Braun I introduce the Children's Act for 
Responsible Employment or the CARE Act that will modernize our 
antiquated domestic child labor laws. Congressman Richard Gephardt and 
Congressman Tom Lantos are introducing companion legislation in the 
House.
  It is hard to imagine that we are on the verge of entering the 21st 
century and we still have young children working under hazardous 
conditions in the United States. Unfortunately, outdated U.S. child 
labor laws that have not been revamped since the 1930's allow this 
practice to continue.
  I have been working on the eradication of child labor overseas since 
1992. At that time, I introduced the Child Labor Deterrence Act, which 
prohibits the importation of products made by abusive and exploitative 
child labor. Since then, we have made some important progress, but in 
order to end child labor overseas the U.S. must lead by example and 
address child labor in our own backyard.
  Now, when I talk about child labor, I'm not talking about a part time 
job or a teenager who helps out on the family farm after school. There 
is nothing wrong with that. What I am talking about is the nearly 
300,000 children illegally employed in the U.S. I would like to insert 
for the record at this time the testimony of Sergio Reyes, who was 
expected to testify at a hearing before the Senate Subcommittee on 
Employment and Training I requested on June 11 of this year. Mr. Reyes 
was unable to attend that hearing but his written testimony tells a 
story that is becoming all to familiar in the United States.
  According to a recent study by economist Douglas L. Krause of Rutgers 
University, there are nearly 60,000 children under age 14 working in 
the U.S. Of those children, one will die every five days in a work 
related accident according to the National Institute of Occupational 
Safety and Health. Nowhere is this more true than children who work in 
agriculture.
  In general, children receive fewer protections in agriculture than 
other industries. The minimum age for hazardous work in agriculture is 
16, it is 18 for all other occupations. In a GAO preliminary report 
released in March 1998, the researchers noted that ``children working 
in agriculture are legally permitted to work at younger ages, in more 
hazardous occupations, and for longer periods of time than their peers 
in other industries.'' For example, a 13 year old child can not work as 
a clerk in an air conditioned office building, but can pick 
strawberries in a field in the middle of summer. That same report noted 
that over 155,000 children

[[Page S9441]]

are working in agriculture. However, because that number is based on 
census data, the Farm Worker Union places the number at nearly 800,000 
children working in agriculture.
  In December 1997, the Associated Press (AP) did a five part series on 
child labor in the United States documenting 4 year olds picking chili 
peppers in New Mexico and 10 year olds harvesting cucumbers in Ohio. In 
one tragic example reported by the AP, 14 year-old Alexis Jaimes was 
crushed to death when a 5000 lb. hammer fell on him while working on a 
construction site in Texas. I was outraged.
  At the June hearing of the Senate Employment and Training 
Subcommittee, two things became clear with regard to U.S. domestic 
child labor. First, agricultural child laborers are dropping out of 
school at an alarming rate. Over of 45 percent of farm worker youth 
will never complete high school. Second, the laws that we do have 
regarding child labor are inadequate to protect a modern workforce. Our 
present civil and criminal penalties are simply insufficient to deter 
compliance with the law and need to be strengthened and more vigorously 
enforced.
  My legislation, which is supported by the Administration and 
children's advocates groups across the country, such as the Child Labor 
Coalition and the Solidarity Center, will help rectify this alarming 
situation. It will; raise the current age of 16 to 18 in order to 
engage in hazardous agricultural work, close the loopholes in federal 
child labor laws which allow a three year old to work in the fields, 
and increase the civil and criminal penalties for child labor 
violations to a minimum of $500, up from $100 and a maximum of $15,000, 
up from $10,000.
  In closing. Let me say that we must end child labor--the last vestige 
of slavery in the world. It is time to give all children the chance at 
a real childhood and give them the skills necessary to compete in 
tomorrow's work place. There is no excuse for the number of children 
being maimed or killed in work related accidents when labor saving 
technologies have been developed in recent years. So, on today's farms, 
it makes even less sense than ever to put kids in dangerous situations 
operating hazardous machinery.
  Mr. President, I hope that we will be able to vote on this 
legislation in the near future so that we can prepare our children for 
the 21st century. I urge my colleagues to support this important 
legislation.
  Mr. President, I ask unanimous consent that a copy of the bill, a 
letter from the Child Labor Coalition, and the testimony of Sergio 
Reyes be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2383

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCE.

       (a) Short Title.--This Act may be cited as the ``Children's 
     Act for Responsible Employment'' or the ``CARE Act''.
       (b) Reference.--Whenever in this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.).

     SEC. 2. AGRICULTURAL EMPLOYMENT.

       Section 13(c) (29 U.S.C. 213(c)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(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 he or she is so employed, if such 
     employee is employed by his or her parent or legal guardian, 
     on a farm owned or operated by such parent or legal 
     guardian.''; and
       (2) by striking paragraphs (2) and (4).

     SEC. 3. YOUTH PEDDLING.

       (a) Fair Labor Standards Act Coverage.--
       (1) Finding.--The last sentence of section 2(a) (29 U.S.C. 
     202(a)) is amended by inserting after ``households'' the 
     following: ``, and the employment of employees under the age 
     of 16 years in youth peddling,''.
       (2) Definition.--Section 3 (29 U.S.C. 203) is amended by 
     adding at the end the following:
       ``(y) `Youth peddling' means selling goods or services to 
     customers at their residences, places of business, or public 
     places such as street corners or public transportation 
     stations. `Youth peddling' does not include the activities of 
     persons who, as volunteers, sell goods or services on behalf 
     of not-for-profit organizations.''.
       (b) Definition of Oppressive Child Labor.--Section 3(l) (29 
     U.S.C. 203(l)) is amended in the last sentence by insert 
     after ``occupations other than'' the following: ``youth 
     peddling,''.
       (c) Prohibition of Youth Peddling.--Section 12(c) (29 
     U.S.C. 212(c)) is amended by inserting after ``oppressive 
     child labor in commerce or in the production of goods for 
     commerce'' the following: ``, or in youth peddling,''.

     SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR 
                   VIOLATIONS.

       (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 
     216(e)) is amended in the first sentence--
       (1) by striking ``$10,000'' and inserting ``$15,000'';
       (2) by inserting after ``subject to a civil penalty of'' 
     the following: ``not less than $500 and''.
       (b) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) 
     is amended by adding at the end the following: ``Any person 
     who violates the provisions of section 15(a)(4), concerning 
     oppressive child labor, shall on conviction be subject to a 
     fine of not more than $15,000, or to imprisonment for not 
     more than 5 years, or both, in the case of 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 a violation which is concurrent with a criminal 
     violation of any other provision of this Act or of any other 
     Federal or State law.''.

     SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR.

       Section 12(a) (29 U.S.C. 212(a)) is amended by striking the 
     period at the end and inserting the following: ``: And 
     provided further, that the Secretary shall determine the 
     circumstances under which such goods may be allowed to be 
     shipped or delivered for shipment in interstate commerce.''.

     SEC. 6. COORDINATION.

       Section 4 (29 U.S.C. 204) is amended by adding at the end 
     the following:
       ``(g) The Secretary shall encourage and establish closer 
     working relationships with non-governmental 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. 7. REGULATIONS AND MEMORANDUM OF UNDERSTANDING.

       (a) Regulations.--The Secretary of Labor shall issue such 
     regulations as are necessary to carry out this Act and the 
     amendments made by this Act.
       (b) Memorandum of Understanding.--The Secretary of Labor 
     and the Secretary of Agriculture shall, not later than 180 
     days after the date of enactment of this Act, enter into a 
     memorandum or understanding to coordinate the development and 
     enforcement of standards to minimize child labor.

     SEC. 8. AUTHORIZATION.

       There is authorized to be appropriated to the Secretary of 
     Labor such sums as may be necessary for to carry out this Act 
     and the amendments made by this Act.
                                  ____



                                    The Child Labor Coalition,

                                    Washington, DC, July 30, 1998.
     Hon. Tom Harkin,
     U.S. Senate,
     Washington, DC.
       Dear Senator Harkin: The Child Labor Coalition thanks you 
     for your leadership over the last six years to end child 
     labor exploitation overseas. Your influence has spurred much 
     of the progress that has been made in the international 
     community.
       As you are certainly aware, the United States is not immune 
     to child labor problems. Two of our most significant problems 
     are the escalating injuries to young workers and the 
     inadequate protection of children working in agriculture. The 
     legislation you are introducing is a positive step toward 
     addressing these problems.
       Evey year, more than 200,000 minors are injured and more 
     than 100 die in the workplace. Research has shown that 
     injuries often occur when youth are engaged in prohibited 
     duties or occupations. Your legislation to increase penalties 
     for child labor violations will send a clear message to 
     employers to ensure the safety of their young workers through 
     increased diligence in following the child labor laws.
       The FLSA does not adequately protect children working as 
     hired farmworkers. Children may work at younger ages, for 
     more hours, and engage in hazardous employment at a younger 
     age than a minor employed in any other workplace or 
     occupation. This has to change and your legislation to 
     equalize the protections of all children who are working, 
     regardless of the occupation, is applauded.
       On behalf of the more than 50 organizational members of the 
     Child Labor Coalition we thank you for your efforts to update 
     our nation's child labor laws and wholeheartedly support this 
     legislation.
           Sincerely,
                                                Darlene S. Adkins,
     Coordinator.
                                  ____


[[Page S9442]]

Testimony of Sergio Reyes Before the Senate Subcommittee on Employment 
                      and Training, June 11, 1998

       Good morning. My name is Sergio Reyes, and I'm 15 years 
     old. This is my brother Oscar and he is nine years old. We're 
     from Hollister, California, and we are farmworkers like our 
     father and our grandfather. We are permanent residents here 
     in the United States. Thank you for inviting us to speak 
     today about our experience being frameworkers. We both have 
     been farmworkers for five years now, ever since our family 
     came from Mexico. I started working when I was 10 years old, 
     and Oscar started when he was four. He has been working for 
     more than half of his life. We work for as many as 10 hours a 
     days, cutting paprika, topping garlic and pulling onions. The 
     work is very hard and it gets very hot. It's tough working 
     these long and going to school too. We work after school, 
     during the weekends, during the summer and on holidays. Oscar 
     can show you some of the tools that we use and how we top 
     garlic and cut onions. I don't have any idea when pesticides 
     are used on these crops or not.
       To do this work we have to stay bent over for most of the 
     time and have to lift heavy bags and buckets filled with the 
     crops that we're picking. It's hard work for adults and very 
     hard work for kids. We work because our family needs the 
     money. I'd rather be in school. I am in the 10th grade and 
     someday I'd like to be a lawyer. Oscar wants to be fireman 
     when he grow up. My family knows how important it is to go to 
     school and get an education. But there are times when working 
     is more important. We know lots of families like ours where 
     the kids drop out of school because they need to work. It's 
     sad because they really need an education or to learn another 
     job skill if they're ever going to get out of the fields. 
     Without an education, I will never become a lawyer and Oscar 
     will never be a fireman.
       My dad is trying to get out of farmwork. He is working in 
     farmwork and also in a farmworker job training program to 
     learn another skill. He is trying to get another job so that 
     he can earn more money and have some health insurance. We've 
     never had health insurance before. As hard as my dad works, 
     he's not guaranteed to make a good living. And my dad works 
     very hard. I just hope that when I get older and if something 
     happens to keep me from graduating from school, that there 
     will be a program for Oscar and me.
       Thank you for letting us come. We appreciate all the you do 
     that will help our dad, other farmworker kids and my brother 
     Oscar and me.
                                 ______