[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Extensions of Remarks]
[Pages E1785-E1786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


CHILD LABOR IN AGRICULTURE: CHANGES NEEDED TO BETTER PROTECT HEALTH AND 
                       EDUCATIONAL OPPORTUNITIES

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                     Wednesday, September 23, 1998

  Mr. LANTOS. Mr. Speaker, on Thursday, September 17, 1998, my 
colleagues, Congressmen Henry Waxman and Bernie Sanders, and I made 
public an important GAO report which we requested on the use of child 
labor in US domestic agriculture at a press conference in front of the 
US Capitol. Joining us for the release of that report was the U.S. 
Secretary of Labor Alexis Herman.
  The report--entitled ``Child Labor in Agriculture: Changes Needed to 
Better Protect Health and Educational Opportunities''--finds that 
current legal protections, enforcement, and educational opportunities 
for children of the fields are grossly inadequate.
  Although these findings are quite disturbing, they validate what I 
and others have suggested for some time.
  Taken as a whole, the GAO report establishes that (1) we must have 
more and better information about children working in the fields and 
the consequences of this work for their future, (2) we must provide 
better protections for these children, and better enforcement of 
existing laws, and (3) we need better assurances that current programs 
designed to help these children are really working.
  In its report, the GAO found that children who work as migrant and 
seasonal workers are treated as an underclass with few opportunities to 
improve their future. The report acknowledges that we in Congress no 
longer have the time or luxury to debate whether there is a domestic 
child labor problem; the report finds that there is a serious problem 
that must be addressed without further delay by the Congress.
  The GAO report reached a number of very disturbing conclusions: (1) 
hundreds of thousands of children work in U.S. agriculture with severe, 
often fatal, consequences for their health, well-being, and academic 
achievement; (2) children working in agriculture receive less 
protection under the law, allowing them to work at younger ages, longer 
hours, and in more hazardous tasks than their counterparts working in 
other industries; (3) weaknesses in enforcement and data collection 
procedures mean that child labor violations are not being detected; and 
(4) a number of programs are available to help educationally and 
economically disadvantaged children, but little is known about how they 
help migrant and seasonal farmworker children.
  Given these findings, it would be irresponsible to stand by and do 
nothing. In fact, the GAO in this report challenges the Congress to 
carefully evaluate whether current federal laws adequately protect 
children working in agriculture.
  As GAO pointed out, current law may not only be inconsistent with the 
emphasis our nation places on the safety, health, and academic 
achievement of children, but also with the long-term economic changes 
in agriculture. This particular field of economic activity no longer 
merits separate--and unequal protections--for children. Agriculture is 
no longer dominated by family farms, with parents and children working 
together in a family enterprise and with parents who look out for their 
children's health and well-being. Today, Mr. Speaker, major 
agricultural conglomerates control much of agricultural production and 
the workforce are hired employees--not family members who are working 
together on a family farm. Given these and other changes, the GAO 
report raises serious questions about why children in agriculture 
should be treated any differently than children working in other 
industries.
  Under current federal law, children working in agriculture receive 
less protection than children working in other industries, because of 
many outdated and outmoded exceptions which have been included in the 
law for family farms. For example, children age 12 and 13 can work 
unlimited hours outside of school in nonhazardous agricultural 
occupations, but children that same age are absolutely prohibited from 
working in nonagricultural occupations. This means that a 13-year-old 
cannot be paid to do clerical work in an air-conditioned office, but 
the same youngster can pick strawberries under the blazing summer sun. 
In some instances, children as young as 10 years old are working in the 
fields harvesting our nation's produce.
  Mr. Speaker, I have introduced legislation to deal with many of these 
problems that have been identified in the GAO report. My bill is H.R. 
1870, the ``Young American Workers Bill of Rights Act,'' and I am a 
cosponsor of H.R. 4450, the ``Children's Act for Responsible Employment 
(CARE),'' which would take children under the age of 14 out of the 
fields. This legislation was introduced by the Democratic Leader, 
Congressman Richard A. Gephardt of Missouri.

  Both of these bills would create an exception only for the family 
farm, where children would still be able to assist their parents in 
working on their own farms. These bills would raise the level of 
protections that are provided for children working in agriculture to be 
equal to the protections that are provided for children working in 
other industries.
  Mr. Speaker, I call for hearings in the next Congress to evaluate the 
adequacy of our existing child labor laws, particularly as they apply 
to children in agriculture. I also intend to submit legislation in the 
next Congress--if the voters of San Mateo County and San Francisco, 
California, make the decision that I deserve to continue to represent 
them in this body--to provide additional protection for children in 
agriculture and to deal with the specific inadequacies that have been 
identified in this GAO report.
  It is clear from this GAO report that changes are needed in how we 
protect children working in agriculture. I am pleased to see that the 
US Department of Labor has already responded to some of GAO's 
recommendations, and--under the outstanding leadership of Labor 
Secretary Herman--it has implemented some of its own initiatives to 
deal with child labor in agriculture within the confines of current 
law. It is time for the Congress to enact legislation which rids our 
nation of unequal protection for children working in agriculture. It is 
time to pass the Young American Workers' Bill of Rights Act and the 
CARE Act.
  Mr. Speaker, I would like to placed in the Record two statements 
which were made at our press conference last week releasing the GAO 
report on children working in agriculture.
  First, I include the statement of Secretary of Labor Alexis Herman. 
During Secretary Alexis Herman's tenure, the Department of Labor has 
undertaken new efforts to combat illegal child labor, and she has 
focused specifically on child labor in agriculture. This summer, the 
Labor Department placed major enforcement emphasis on ``salad bowl'' 
crops such as lettuce, tomatoes, cucumber, onions, and garlic. As a 
result of the ``Operation Salad Bowl'' initiative, the Department of 
Labor has found children as young as six years old in the fields 
harvesting our nation's produce, and significant fines were levied 
against the perpetrators.
  Secretary Herman also initiated the ``Work Safe This Summer'' program 
which launched a major effort on promoting child labor compliance 
through education and outreach in agriculture and rural communities. 
The Department of Labor is also creating partnerships with employers 
who have agreed to take extraordinary, pro-active steps to promote 
compliance with our nation's child labor laws by the agricultural 
industry.
  Mr. Speaker, we must give our Secretary of Labor the tools necessary 
to combat illegal child labor by supporting the President's new child 
labor budget, in order to have the resources to fight against abusive 
child labor both at home and abroad. The President's initiative to 
fight abusive child labor and address child labor problems will: (1) 
make the US the world leader in supporting programs to reduce abusive 
child labor around the world; (2) will reduce the potential supply of 
child workers in agriculture by providing an increase in migrant 
education to ensure that children are in the classroom, not in the 
fields; (3) will reduce the demand for illegal child labor for enhanced 
enforcement and better data; and (4) will help us review and update 
child labor hazardous occupation orders which regulate child safety in 
the workplace.

         Statement of Alexis M. Herman, U.S. Secretary of Labor

       Thank you Congressman Lantos for your introduction and 
     leadership. Let me also thank all of the other Members of 
     Congress for joining us today and for helping to put the 
     spotlight on children who toil on America's farms.
       Let me begin by saying I am here today because fighting 
     abusive child labor is one of my top priorities. And I wanted 
     to be here to say that we welcome the General Accounting 
     Office review of the Department of Labor's efforts. We are 
     committed to ensuring that our child labor program is as 
     effective as possible.
       As Secretary of Labor, my bottom-line is simple: One child 
     working in abusive conditions is one too many.
       I want to see that young kids all over this country * * * 
     grow up safe and secure * * * that they learn in schools 
     instead of labor on the farms * * * that they spend their 
     time on homework, not fieldwork.
       And that is a commitment shared by President Clinton. We 
     must do better--and we must do more to end abusive child 
     labor. And the President made this clear in his State of the 
     Union address in January of this year. That's why we 
     requested the largest increase in our nation's history to 
     fight international child labor.
       But we know we can't lead internationally if we don't clean 
     up our own backyard. And so we have pledged to work with 
     Congressman Lantos, Senator Harkin and others to modernize 
     our nation's domestic child labor

[[Page E1786]]

     laws. And we have launched a strategy to end illegal child 
     labor here a home based on three principles: enforcement, 
     education and partnerships.
       When it comes to enforcement, we have launched an 
     initiative which focuses on five commodities--lettuce, 
     tomatoes, cucumbers, garlic and onions. I call it ``Operation 
     Salad Bowl''. We are sending strike forces to the fields to 
     literally root out worker abuses. And we're getting results.
       As of the end of June, we have already completed 33 
     targeted sweeps. Thirteen focused on the ``salad bowl'' 
     commodities. These sweeps include 735 separate investigations 
     with 205 in the ``salad bowl'' commodities. And we found 
     scores of children working illegally--including a child as 
     young as four-years-old working in the onion fields in 
     Arizona.
       We are committed to doing even more in enforcement--but we 
     know that's not enough. Success takes education and it takes 
     partnerships.
       Last month, we launched the Fair Harvest/Safe Harvest 
     campaign--a bilingual educational effort to reduce farm 
     injuries and keep kids safe.
       We are also partnering with community organizations such as 
     the National Consumers League and the Association of 
     Farmworker Opportunity Programs. We are partnering with the 
     business community. And I want to make sure one other 
     organization is a key partner in our effort--and that's the 
     United States Congress.
       Because the best way to enhance our effectiveness and 
     ensure the goal of ending abusive child labor is this: Pass 
     the President's budget request.
       Pass the President's request for $30 million to make the 
     U.S. the leader in reducing child labor around the world.
       And pass the request for over $60 million to beef up our 
     child labor enforcement efforts, and strengthen the education 
     of migrant children and migrant job training.
       The Senate has fully funded these proposals, but the House 
     bill falls far short. So far, the House has refused to fund 
     any of the President's increase in enforcement to fight 
     abusive child labor.
       Let's back up our resolve with resources. And let's make a 
     real difference in the lives of children across our country 
     and around the world.

  Mr. LANTOS. Mr. Speaker, I would also like to place in the Record a 
copy of Ms. Diane Mull's statement at our press conference last week. 
Diane Mull is Executive Director of the Association of Farmworker 
Opportunity Programs, the leading national organization which 
represents the interests of our farmworker population. Ms. Mull is 
recognized both nationally and internationally as one of the leading 
experts September 22, 1998 on child labor in agriculture. In her 
statement, Diane vividly explains some of the important reasons why we 
need to take a hard look at ensuring that we adequately protect our 
nation's most precious resource--our children.

    Statement of L. Diane Mull, Executive Director, Association of 
          Farmworker Opportunity Programs, September 17, 1998

       Thank you, Congressmen Lantos, Waxman, Sanders and 
     Secretary Herman for this opportunity to speak today 
     regarding the GAO report on child labor in agriculture. I am 
     extremely pleased that a critical step to document the 
     problem of child labor in America has been accomplished. This 
     can help arm the Administration and the Congress to make 
     needed changes within the Fair Labor Standards Act (FLSA) and 
     its regulations to raise the level of protection of 
     farmworker children and make it equal to that of all other 
     children. And lastly, Congressman Lantos, I want to thank you 
     for the leadership role that you have taken on this issue in 
     the House of Representatives.
       I want to applaud the recent efforts of the Department of 
     Labor. Through the Fair Harvest/Safe Harvest campaign, much 
     needed information is being made available to the farmworker 
     population. I hope that this will be an ongoing and expanded 
     effort, until we are assured that every farmworker family in 
     America knows and understands their rights and how to protect 
     their children from the dangers in the agricultural 
     workplace.
       Although agriculture is one of the most dangerous 
     industries in the United States, children are legally allowed 
     to work at very young ages, for unlimited hours before school 
     and after school. The work is affecting their education. As 
     many as 45 to 55 percent of farmworker children are dropping 
     out of school. This is affecting these children's chance for 
     a good education--an education that can help them break out 
     of this cycle of poverty.
       Children are dying and being injured in our fields. 
     Children are being sprayed with pesticides, being run over by 
     tractors, being injured and hurt in order to put food on 
     tables across America and around the world. Just recently, a 
     9 year old was run over and killed by a tractor while working 
     in a blueberry field in Michigan, a 13 year old was 
     knocked off a ladder where he was picking cherries in 
     Washington state and was run over by a trailer being 
     pulled by a tractor, and a 17 year old while picking 
     peaches and pruning apple trees in Utah was sprayed twice 
     with pesticides in one week, he died of a massive brain 
     hemorrhage. Children are dying and are being injured and 
     their precious lives and futures are being stolen.
       As the custodians of our children, we, as a nation, are 
     charged with safeguarding their futures. We are charged with 
     protecting them from exploitation on the job by prohibiting 
     child labor for children under the age of 14 and by 
     preventing children and minors from working in hazardous 
     occupations that endanger their lives. Farmworkers, as an 
     occupational group, are often excluded from such basic job 
     protections as the federal minimum wage, workers 
     compensation, unemployment insurance, and overtime pay. 
     Because farmworker adults cannot earn a living wage working 
     in agriculture and do not typically collect public 
     assistance, farmworker families are forced to bring their 
     children to the fields in order to put food on their table. 
     It becomes an economic necessity for their children to work 
     so that the family can survive.
       At hand are issues that reflect how we view the rights of 
     individuals within our society. If we fail to protect 
     adequately all segments of the work force job hazards, we 
     risk the creation of a class system that defines the rights 
     of some workers as superior to those of others. To continue 
     to allow inequity in labor standard protections calls into 
     question our integrity as a civilized society. To know that 
     these individuals are large minority and immigrant workers 
     speaks to an even more egregious form of discrimination.
       The Association of Farmworker Opportunity Programs through 
     the Children in the Fields campaign supports both the 
     Children's Act for Responsible Employment (CARE) and the 
     Young American Workers Bill of Rights--badly needed 
     legislation that addresses these disparities by providing 
     equal protection and equal standards for children who work as 
     hired workers in agriculture.
       The fruits and vegetables we eat are washed with the blood, 
     sweat and tears of America's farmworker children. It is time 
     for action. It is time that we stop this injustice and 
     provide protection for these children. We must act before any 
     more children lose their lives or are injured. We must act 
     before more children sacrifice their futures to put food on 
     our tables.

  Mr. LANTOS. Mr. Speaker, I urge my colleagues to take these 
thoughtful and carefully considered views on children working in 
agriculture into account and support efforts in fighting abusive child 
labor in this country.

                          ____________________