CARE Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3394 To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 20, 2019 Ms. ROYBAL-ALLARD (for herself, Ms. SCHAKOWSKY, Mr. POCAN, Mr. SERRANO, Ms. DELAURO, Mr. GALLEGO, Ms. LEE of California, Mr. CA´RDENAS, Mr. LOWENTHAL, Mr. SCHIFF, Mr. SIRES, Mr. MCGOVERN, Ms. BARRAGA´N, Ms. CLARKE of New York, Ms. NORTON, Ms. BASS, Mr. SABLAN, Ms. MOORE, Ms. WILSON of Florida, Ms. JACKSON LEE, Mr. LYNCH, Mrs. NAPOLITANO, Ms. KAPTUR, Mr. LEVIN of Michigan, and Mr. CICILLINE) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Children’s Act for Re- 4 sponsible Employment and Farm Safety of 2019’’ or the 5 ‘‘CARE Act of 2019’’. 6 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 2 •HR 3394 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Across the United States, there are hun- 3 dreds of thousands of children younger than 18 4 years old who are working in the agricultural indus- 5 try. It is difficult to know exactly how many children 6 are performing the grueling work that is required to 7 plant, pick, process, and pack the food that people 8 eat every day. 9 (2) For farmworkers, many of whom are immi- 10 grants, all of whom are poor and some of whom are 11 undocumented, it is challenging to capture accurate 12 data that reflects both the percentage of children 13 working in one of the nation’s most dangerous occu- 14 pations, as well as the scope of the work that they 15 are engaged in. One thing that is notable is that un- 16 like virtually every other job in the labor market, 17 Congress has made exceptions to allow children to 18 lawfully work in this industry. 19 (3) Historically, children have been permitted to 20 work in agriculture at younger ages, for longer 21 hours and under more hazardous conditions than 22 other working children. Like most other agricultural 23 workers, they remain excluded from basic protec- 24 tions provided to workers in other industries under 25 Federal employment laws. Even where protections 26 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 3 •HR 3394 IH exist under Federal law, they are seldom ever en- 1 forced. 2 (4) Allowing children to engage in agricultural 3 work from a young age can result in long-term nega- 4 tive consequences, especially when the child worker 5 is not employed on a family farm where family mem- 6 bers take precautions for their children and family 7 members. Working in agriculture as a child can re- 8 sult in an early end to childhood, and long hours 9 worked at unfair and unlawful wages can pose risks 10 to their overall health and lives. 11 (5) Child farmworkers suffer work-related fa- 12 talities at over four times the rate of other young 13 workers, often because exceptions are made that 14 allow farmworker children to operate heavy, dan- 15 gerous equipment and to be exposed to other haz- 16 ards. Yet, great efforts have been taken to strictly 17 limit the possibility of children in other industries 18 from engaging in dangerous work activities or jobs. 19 The demands imposed by doing agricultural work, 20 coupled with the low pay and poor working condi- 21 tions, result in shocking drop-out rates from school. 22 Aside from these risks, farmworker girls are excep- 23 tionally vulnerable to sexual abuse and harassment 24 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 4 •HR 3394 IH by supervisors, company owners, crew leaders, co- 1 workers and others. 2 (6) While the focus of this Act is on improving 3 the health and safety for all children engaged in ag- 4 ricultural labor, primarily through strengthened gen- 5 eral wage and hour protections, the high rates of 6 workplace sexual violence against farmworker women 7 and girls should not be ignored, particularly given 8 that they are susceptible to this violence due to the 9 overall lack of workplace protections available to 10 them. 11 SEC. 3. AMENDED DEFINITIONS. 12 Section 3(l) of the Fair Labor Standards Act of 1938 13 (29 U.S.C. 203(l)) is amended to read as follows: 14 ‘‘(l) ‘Oppressive child labor’ means a condition of em- 15 ployment under which— 16 ‘‘(1) any employee who is 16 or 17 years of age 17 is employed by an employer in any occupation found 18 by the Secretary and by order declared to be par- 19 ticularly hazardous for the employment of children 20 between such ages or detrimental to their health or 21 well-being; 22 ‘‘(2) any employee who is 14 or 15 years of age 23 is employed by an employer, unless the Secretary 24 has determined that the employment is confined to 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 5 •HR 3394 IH periods which will not interfere with the schooling of 1 the employee, and that the conditions of employment 2 will not interfere with the health and well-being of 3 the employee; or 4 ‘‘(3) any employee who is under 14 years of age 5 is employed by an employer.’’. 6 SEC. 4. REVISED AGE REQUIREMENT FOR CHILD AGRICUL- 7 TURAL EMPLOYMENT; REPEAL OF WAIVER 8 PROVISION FOR HAND HARVEST LABORERS. 9 (a) REVISED AGE REQUIREMENT.—Section 13(c) of 10 the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) 11 is amended by striking paragraphs (1) and (2) and insert- 12 ing the following: 13 ‘‘(1) The provisions of section 12 relating to 14 child labor shall not apply to any employee under 18 15 years of age who is employed in agriculture by his 16 or her parent, or by a person standing in the place 17 of the parent, on a farm owned by the parent or per- 18 son. 19 ‘‘(2) The provisions of section 12 relating to 20 child labor shall not apply to any employee under 16 21 years of age who is employed by his or her parent, 22 or by a person standing in the place of the parent, 23 in employment other than agricultural employment, 24 manufacturing, mining, or any other employment 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 6 •HR 3394 IH the Secretary finds to be particularly hazardous for 1 the employment of a child 16 or 17 years of age or 2 detrimental to their health or well-being.’’. 3 (b) REPEAL OF WAIVER PROVISION.—Section 13(c) 4 of such Act (29 U.S.C. 213(c)) is further amended by 5 striking paragraph (4) and redesignating paragraphs (5) 6 through (7) as paragraphs (4) through (6), respectively. 7 SEC. 5. INCREASED CIVIL PENALTIES FOR CHILD LABOR 8 VIOLATIONS. 9 Paragraph (1) of section 16(e) of the Fair Labor 10 Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amend- 11 ed— 12 (1) by striking ‘‘person’’ each place it appears 13 and inserting ‘‘employer’’; 14 (2) in subparagraph (A)— 15 (A) by striking ‘‘not to exceed’’ and insert- 16 ing ‘‘of’’; and 17 (B) by amending clauses (i) and (ii) to 18 read as follows: 19 ‘‘(i) not less than $500 and not more than 20 $15,000 for each employee who was the subject of 21 such a violation; or 22 ‘‘(ii) not less than $15,000 and not more than 23 $50,000 with regard to each such violation that 24 causes the serious injury, serious illness, or death of 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 7 •HR 3394 IH any employee under the age of 18 years, which pen- 1 alty may be doubled where the violation is a re- 2 peated or willful violation.’’; and 3 (3) in subparagraph (B) by striking ‘‘the term 4 ‘serious injury’ means’’ and inserting ‘‘the terms ‘se- 5 rious injury’ and ‘serious illness’ mean’’. 6 SEC. 6. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AG- 7 GRAVATED CHILD LABOR VIOLATIONS. 8 Section 16 of the Fair Labor Standards Act of 1938 9 (29 U.S.C. 216) is amended— 10 (1) in subsection (a), by striking ‘‘Any person’’ 11 and inserting ‘‘Except as provided in subsection (f), 12 any person’’; and 13 (2) by adding at the end the following: 14 ‘‘(f) Any person who repeatedly or willfully violates 15 any of the provisions of section 12, if violations result in 16 or cause the death or serious injury or serious illness of 17 an employee under 18 years of age at the time of such 18 violation, shall be subject to imprisonment for not more 19 than 5 years or a fine under title 18, United States Code, 20 or both.’’. 21 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 8 •HR 3394 IH SEC. 7. REPORT TO CONGRESS ON WORK-RELATED INJU- 1 RIES TO CHILDREN AND RELATED MATTERS. 2 The Fair Labor Standards Act of 1938 is amended 3 by inserting after section 12 (29 U.S.C. 212) the following 4 new section: 5 ‘‘SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHIL- 6 DREN AND RELATED MATTERS. 7 ‘‘(a) DATA ANALYSIS.—Using the sources specified 8 in subsection (b), the Secretary shall analyze data con- 9 cerning children under the age of 18 who are employed 10 in agriculture and each work-related injury, illness, or 11 death of any such child. 12 ‘‘(b) SOURCES SPECIFIED.—The sources referred to 13 in subsection (a) are the following: 14 ‘‘(1) Sources within the Department of Labor, 15 including the Wage and Hour Division, the Bureau 16 of Labor Statistics, and the Occupational Safety and 17 Health Administration. 18 ‘‘(2) State employment security agencies and 19 other relevant State agencies. 20 ‘‘(3) The National Institute for Occupational 21 Safety and Health. 22 ‘‘(c) REPORT.— 23 ‘‘(1) IN GENERAL.—The Secretary shall annu- 24 ally submit report to Congress which shall include— 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 9 •HR 3394 IH ‘‘(A) a summary of the data collected by 1 the Secretary under this section and section 2 12B; 3 ‘‘(B) an evaluation, based on such data, 4 that reflects the status of child labor and re- 5 lated safety and health hazards; and 6 ‘‘(C) any information, based on such data, 7 that leads the Secretary to believe that children 8 under 18 years of age may have been employed 9 in violation of section 12. 10 ‘‘(2) PUBLICATION.—The Secretary shall, on 11 the date that the Secretary submits each report 12 under paragraph (1) to Congress, publish each such 13 report in the Federal Register and ensure that such 14 reports are posted on the Department of Labor 15 website.’’. 16 SEC. 8. EMPLOYER REPORTING REQUIREMENTS. 17 The Fair Labor Standards Act of 1938 (29 U.S.C. 18 201 et seq.) is amended by inserting after the new section 19 12A the following new section: 20 ‘‘SEC. 12B. EMPLOYER REPORTING REQUIREMENTS. 21 ‘‘(a) REPORT.—Not later than 5 days after an event 22 specified under subsection (b), the employer involved in 23 the event shall submit a report to the Secretary in accord- 24 ance with subsection (c). 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 10 •HR 3394 IH ‘‘(b) EVENTS SPECIFIED.—An event referred to in 1 subsection (a) is— 2 ‘‘(1) a work-related serious injury to an em- 3 ployee under 18 years of age employed in agri- 4 culture; 5 ‘‘(2) the discovery of a work-related serious ill- 6 ness of an employee under 18 years of age employed 7 in agriculture; or 8 ‘‘(3) the work-related death of an employee 9 under 18 years of age employed in agriculture. 10 ‘‘(c) CONTENTS.—The report required by subsection 11 (a) shall include— 12 ‘‘(1) the name and address of the employer; 13 ‘‘(2) the name, address, and age of the em- 14 ployee; 15 ‘‘(3) details relevant to the incident, to include 16 environmental hazards, such as chemical or pesticide 17 exposure, use of machinery or tools at time of inci- 18 dent, work tasks performed at time of incident, and 19 other details relating to the incident; and 20 ‘‘(4) such other information as the Secretary of 21 Labor may by regulation prescribe. 22 ‘‘(d) FAILURE TO REPORT.—The Secretary may as- 23 sess a civil penalty on any employer who fails to file a 24 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 11 •HR 3394 IH report as required by this section in an amount not less 1 than $500 and not more than $7,000 per violation. 2 ‘‘(e) DEFINITION.—In this section, the terms ‘serious 3 injury’ and ‘serious illness’ have the meanings given such 4 terms in section 16(e)(1)(B). 5 ‘‘(f) EFFECTIVE DATE.—The requirements under 6 this section shall take effect on the date that is the earlier 7 of— 8 ‘‘(1) the date on which the Secretary issues a 9 rule under section 10(a) of the CARE Act of 2019; 10 or 11 ‘‘(2) the date that is 6 months after the date 12 of the enactment of such Act.’’. 13 SEC. 9. PESTICIDE-RELATED WORKER PROTECTION STAND- 14 ARD. 15 (a) CONGRESSIONAL FINDING.—Congress finds and 16 declares that the employment of children under the age 17 of 18 in the occupation of a pesticide handler, as such 18 occupation is defined in the worker protection standard 19 for workers exposed to pesticides in part 170 of title 40, 20 Code of Federal Regulations, is particularly hazardous for, 21 and detrimental to the health and well-being of, such chil- 22 dren. 23 (b) REQUIREMENT FOR SECRETARY OF LABOR.— 24 Not later than the date that is 30 days after the date of 25 VerDate Sep 11 2014 22:28 Jun 26, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3394.IH H3394 pbinns on DSK79D2C42PROD with BILLS 12 •HR 3394 IH enactment of this Act, the Secretary of Labor shall revise 1 part 570 of title 29, Code of Federal Regulations, to pro- 2 hibit the employment of a child under the age of 18 to 3 perform any of the tasks or duties described in the defini- 4 tion of the term ‘‘handler’’ in section 170.3 of title 40, 5 Code of Federal Regulations. 6 SEC. 10. APPLICATION OF FAIR LABOR STANDARDS 7 AMENDMENTS. 8 (a) RULEMAKING.—Not later than the date that is 9 6 months after the [Text truncated for display. Full text available on Congress.gov.]