[Congressional Record Volume 149, Number 132 (Wednesday, September 24, 2003)]
[Extensions of Remarks]
[Pages E1873-E1874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INTRODUCTION OF THE YOUTH WORKER PROTECTION ACT

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                     Wednesday, September 24, 2003

  Mr. LANTOS. Mr. Speaker, today, I along with 32 of my colleagues 
introduced H.R. 3139, the ``Youth Worker Protection Act'' (YWPA). This 
legislation is necessary because the exploitation of child labor is a 
national problem that continues to jeopardize the health, education and 
lives of many of our nation's children and teenagers. In our farm 
fields and in fast-food restaurants all over this country, employers 
are breaking the law by hiring under-age children. This legislation 
seeks to eliminate the all-too-common exploitation of children working 
long hours late into the night while school is in session, and working 
under hazardous and dangerous conditions.
  Mr. Speaker, one hundred years ago the state of child labor 
conditions in our country was so deplorable many children worked 60 or 
70-hour weeks in the hardest forms of labor--mines, mills and the 
fields. These appalling conditions led Mother Jones to lead thousands 
of children from the mills in Kensington, PA, to President Theodore 
Roosevelt's home in Oyster Bay, New York. These mill children went on 
strike demanding that their work schedules be lowered from 60 hours to 
55 hours a week.
  Today, a century after the famous ``March of the Mill Children,'' 
working conditions of child labor in our country have noticeably 
improved. As a result of laws passed after the march, the ``Mill 
Children's'' work week was set at 58 hours, and then came the passage 
of the Fair Labor Standards Act (FLSA) in 1938, which limited hours for 
children and adults to 40 hours per week.
  Despite these advances, there are still significant problems facing 
America's youth work force. In some ways kids today are working just as 
long as their ``Mill Children'' predecessors, especially when one 
considers the hours a student is in school. While people today often 
associate the evils of child labor as occurring only in Third World 
countries, American teenagers are also exploited on the job.
  Mr. Speaker, the average time a student is in class is about 7 hours 
a day, or 35 hours a week. This does not include additional time for 
extracurricular activities or homework. Going to school is almost a 
full time job itself. In addition to devoting a minimum of 35 hours a 
week to their schoolwork, many high-school students are also working 30 
to 40 hours a week for some of America's largest corporations, often 
working well past midnight while simultaneously trying to balance 
school requirements. When one combines the hours some of today's teens 
are at school with their hours at work, the 70-hour workweek is still 
in place.
  Research clearly indicates that working more than 20 hours a week in 
addition to a normal school schedule has a negative effect on student's 
academic progress. Additional studies show that children who work long 
hours also tend to use more alcohol and drugs.
  Mr. Speaker, this is why I have introduced H.R. 3139, the Youth 
Worker Protection Act (YWPA), which sets common-sense limits on the 
hours that students can work during the school year.
  Beyond the long hours, many of our nation's teenagers are forced to 
work in hazardous conditions that threaten their health and safety. Mr. 
Speaker, I am saddened to report that a young person is killed on the 
job every five days, and that every 40 seconds a child is injured on 
the job. It is appalling to learn that in

[[Page E1874]]

our great country, the occupational injury rate for children and teens 
is more than twice as high than it is for adults. In fact, the National 
Institute for Occupational Safety and Health (NIOSH) estimates that 
230,000 teens are injured on the job each year. I am sure my colleagues 
will agree with me that these statistics are a national disgrace and 
are totally unacceptable for a civilized, advanced society such as 
ours. Unless we swiftly enact this legislation, children will continue 
to be employed in jobs that place their lives in danger.
  Mr. Speaker, The YWPA will reduce the problem of children working 
long hours when school is in session, and it strengthens existing 
limitations on the number of hours children under 18 years of age can 
work on school days. The bill would eliminate all youth labor before 
school, and after-school work would be limited to 15 or 20 hours per 
week, depending on the age of the child. Additionally our legislation 
will require better record keeping and reporting of child labor 
violations. It also prohibits minors from operating or cleaning certain 
types of unsafe equipment, and prohibits children from working in 
certain particularly hazardous conditions.
  Mr. Speaker, the issues of children working early in the morning or 
late into the evening is a problem facing our country. Students 
continuously tell me that working long hours, late into the night 
negatively affects their school performance, that they are too tired 
for class, and that the long hours on the job take away from important 
extra-curricular activities and take away time from their family.
  Mr. Speaker, for the past 60 years our nation's agribusinesses have 
enjoyed special exemptions under the FLSA. Many of these exemptions 
were based on the historical prominence of the family farm in the 
American economy. Current labor laws allow children--even those under 
10 years of age to be employed in agriculture. Child farm laborers can 
work unlimited hours before and after school, and they are not even 
eligible for overtime pay. At the age of 14, or even earlier, children 
working in agriculture are using knives and machetes, operating 
dangerous machinery, and are exposed to dangerous toxic pesticides. In 
no other industry are children so exploited as they are in agriculture. 
Despite all these dangers, there are no protections for children 
working on farms and in the fields.
  Mr. Speaker, most of today's farms are not owned by families, but by 
large corporate entities, and deserve to be treated like any other 
company employing children. Although I am pleased to report the YWPA 
keeps the existing family farm exemption, I am delighted that it amends 
the FLSA to treat companies like Archer-Daniels-Midland and Dole just 
like McDonalds and Wal-Mart, because obtaining parity in the 
regulations and restrictions of jobs in agriculture and the rest of the 
economy is long overdue.
  Mr. Speaker, I want to make it adamantly clear, as supporters of 
child labor reform, we do not oppose young people working. We 
wholeheartedly believe that children need to be taught the value of 
hard work and to learn the valuable lessons of responsibility and enjoy 
all the rewards of working. It is not our aim to discourage employers 
from hiring young people. Rather, our goal is to ensure that the job 
opportunities available to young people are meaningful, safe and 
healthy.
  What we oppose are the senseless deaths and needless injuries of our 
teenagers. We oppose the negative effects on academic achievement that 
result when children work excessive hours while school is in session. 
An education, not after-school employment, is the key to a successful 
future.
  Mr. Speaker, the Youth Worker Protection Act modernizes our child 
labor laws through simple common sense measures. It has been endorsed 
by numerous organizations, including the AFL-CIO, the NEA, the National 
Consumer's League, and the Child Labor Coalition. I ask that the 
letters from the AFL-CIO and the Child Labor Coalition be placed in the 
Congressional Record.
  I urge my colleagues to consider these much needed protections for 
our nation's young people and to join me in support of this 
legislation.
         American Federation of Labor and Congress of Industrial 
           Organizations,
                               Washington, DC, September 23, 2003.
     Hon. Tom Lantos,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Lantos: Since its inception, the AFL-
     CIO has fought to assure safe working conditions for the 
     nation's workforce, especially for young workers, who are 
     among the most vulnerable to long hours and unsafe 
     conditions. By setting specific objectives to assure that 
     young workers work in appropriate employment, for reasonable 
     hours and in safe conditions, the Young Worker Protection Act 
     represents significant progress toward this goal and we 
     strongly support it.
       Recent studies indicate that 80 percent of all youth in 
     America work for pay during their high school years. However, 
     such studies also reveal that as many as 148,000 youth are 
     illegally employed in the United States each week. The Young 
     Worker Protection Act would address these concerns by 
     establishing reasonable hours of work and by setting the 
     minimum age for all youth employment at 14 years. It also 
     includes safeguards for appropriate employment by requiring 
     minors under the age of 18 to obtain a work permit prior to 
     employment. Because every year, approximately 230,000 
     children under the age of 18 are injured on the job, and 
     nearly 70 children each year die from their job-related 
     injuries, the bill updates the list of hazards for young 
     workers and incorporates recommendations made by the National 
     Institute for Occupational Safety and Health to protect young 
     workers from hazardous equipment, occupations and industries.
       The AFL-CIO commends you for taking the lead in promoting 
     improved working conditions for young workers and is pleased 
     to endorse the Young Worker Protection Act.
           Sincerely,

                                               William Samuel,

                                                         Director,
                                        Department of Legislation.
                                 ______
                                 


                                        Child Labor Coalition,

                                  Washington, DC, August 28, 2003.
     Hon. Tom Lantos
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Lantos: On behalf of the member 
     organizations of the Child Labor Coalition (CLC), I thank you 
     for your efforts to protect employed youth in the United 
     States. The CLC is pleased to endorse your bill, Youth Worker 
     Protection Act, which promotes safe and appropriate youth 
     employment.
       The Child Labor Coalition is a national group that works to 
     protect the health, education, and safety of working minors 
     and to end child labor exploitation in the U.S. and abroad. 
     The CLC is comprised of more than 50 non-governmental 
     organizations, reflecting educators, health groups, religious 
     and women's groups, human rights groups, consumer groups, 
     labor unions, and child labor advocates.
       This bill provides several important updates to the Fair 
     Labor Standards Act. Among these are the following:
       Equalizes protections for all working minors. No more will 
     there be differing standards between agricultural and non-
     agricultural youth employment, which often confuses 
     employers, parents, and youth.
       Sets reasonable hours of work. This bill promotes education 
     remaining ``job one'' for youth in this country, which is 
     best for our youth who will be shortly transitioning into the 
     adult workforce and for our nation which must remain 
     competitive in the global market.
       Updates hazards list. This bill incorporates 
     recommendations made by the National Institute for 
     Occupational Safety and Health (2002) to better protect youth 
     from hazardous equipment, occupations, and industries.
       The CLC is pleased to endorse this bill and is committed to 
     employing our resources to promote the bill's passage at the 
     earliest time.
           Sincerely,
                                                   Darlene Adkins,
     Coordinator.

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