,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccid ,,in ,,the ,,house ,,of ,,representatives ,june #bj1 #bjai ,ms4 ,roybal-,allard 7for herself1 ,ms4 ,schakowsky1 ,mr4 ,pocan1 ,mr4 ,serrano1 ,ms4 ,de,lauro1 ,mr4 ,gallego1 ,ms4 ,lee of ,california1 ,mr4 ,crdenas1 ,mr4 ,lowenthal1 ,mr4 ,schiff1 ,mr4 ,sires1 ,mr4 ,mc,govern1 ,ms4 ,barragn1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,norton1 ,ms4 ,bass1 ,mr4 ,sablan1 ,ms4 ,moore1 ,ms4 ,wilson of ,florida1 ,ms4 ,jackson ,lee1 ,mr4 ,lynch1 ,mrs4 ,napolitano1 ,ms4 ,kaptur1 ,mr4 ,levin of ,michigan1 and ,mr4 ,cicilline7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to strengthen the provisions relating to child labor1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the 8,children's ,act for ,responsible ,employment and ,farm ,safety of #bjai'' or the #8#8,,care ,act of #bjai04 #b4 ,findings ,congress finds the following3 7#a7 ,across the ,united ,states1 there are hundreds of thousands of children younger than #ah years old who are working in the agricultural industry4 ,it is difficult to know exactly how many children are performing the grueling work that is required to plant1 pick1 process1 and pack the food that people eat every day4 7#b7 ,for farmworkers1 many of whom are immigrants1 all of whom are poor and some of whom are undocumented1 it is challenging to capture accurate data that reflects both the percentage of children working in one of the nation's most dangerous occupations1 as well as the scope of the work that they are engaged in4 ,one thing that is notable is that unlike virtually every other job in the labor market1 ,congress has made exceptions to allow children to lawfully work in this industry4 7#c7 ,historically1 children have been permitted to work in agriculture at younger ages1 for longer hours and under more hazardous conditions than other working children4 ,like most other agricultural workers1 they remain excluded from basic protections provided to workers in other industries under ,federal employment laws4 ,even where protections exist under ,federal law1 they are seldom ever enforced4 7#d7 ,allowing children to engage in agricultural work from a young age can result in long-term negative consequences1 especially when the child worker is not employed on a family farm where family members take precautions for their children and family members4 ,working in agriculture as a child can result in an early end to childhood1 and long hours worked at unfair and unlawful wages can pose risks to their overall health and lives4 7#e7 ,child farmworkers suffer work-related fatalities at over four times the rate of other young workers1 often because exceptions are made that allow farmworker children to operate heavy1 dangerous equipment and to be exposed to other hazards4 ,yet1 great efforts have been taken to strictly limit the possibility of children in other industries from engaging in dangerous work activities or jobs4 ,the demands imposed by doing agricultural work1 coupled with the low pay and poor working conditions1 result in shocking drop-out rates from school4 ,aside from these risks1 farmworker girls are exceptionally vulnerable to sexual abuse and harassment by supervisors1 company owners1 crew leaders1 co-workers and others4 7#f7 ,while the focus of this ,act is on improving the health and safety for all children engaged in agricultural labor1 primarily through strengthened general wage and hour protections1 the high rates of workplace sexual violence against farmworker women and girls should not be ignored1 particularly given that they are susceptible to this violence due to the overall lack of workplace protections available to them4 #c4 ,amended ,definitions ,section #c7l7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7l77 is amended to read as follows3 7l7 ,oppressive child labor means a condition of employment under which-- 7#a7 any employee who is #af or #ag years of age is employed by an employer in any occupation found by the ,secretary and by order declared to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being2 7#b7 any employee who is #ad or #ae years of age is employed by an employer1 unless the ,secretary has determined that the employment is confined to periods which will not interfere with the schooling of the employee1 and that the conditions of employment will not interfere with the health and well-being of the employee2 or 7#c7 any employee who is under #ad years of age is employed by an employer4 4 #d4 ,revised age requirement for child agricultural employment2 repeal of waiver provision for hand harvest laborers 7a7 ,revised age requirement ,section #ac7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77 is amended by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,the provisions of section #ab relating to child labor shall not apply to any employee under #ah years of age who is employed in agriculture by his or her parent1 or by a person standing in the place of the parent1 on a farm owned by the parent or person4 7#b7 ,the provisions of section #ab relating to child labor shall not apply to any employee under #af years of age who is employed by his or her parent1 or by a person standing in the place of the parent1 in employment other than agricultural employment1 manufacturing1 mining1 or any other employment the ,secretary finds to be particularly hazardous for the employment of a child #af or #ag years of age or detrimental to their health or well-being4 4 7b7 ,repeal of waiver provision ,section #ac7;c7 of such ,act 7#bi ,u4,s4,c4 #bac7;c77 is further amended by striking paragraph 7#d7 and redesignating paragraphs 7#e7 through 7#g7 as paragraphs 7#d7 through 7#f71 respectively4 #e4 ,increased civil penalties for child labor violations ,paragraph 7#a7 of section #af7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77 is amended-- 7#a7 by striking person each place it appears and inserting employer2 7#b7 in subparagraph 7,a7-- 7,a7 by striking not to exceed and inserting of2 and 7,b7 by amending clauses 7i7 and 7ii7 to read as follows3 7i7 not less than #ejj and not more than #ae1jjj for each employee who was the subject of such a violation2 or 7ii7 not less than #ae1jjj and not more than #ej1jjj with regard to each such violation that causes the serious injury1 serious illness1 or death of any employee under the age of #ah years1 which penalty may be doubled where the violation is a repeated or willful violation4 2 and 7#c7 in subparagraph 7,b7 by striking the term serious injury means and inserting the terms serious injury and serious illness mean4 #f4 ,special criminal penalties for certain aggravated child labor violations ,section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7 is amended-- 7#a7 in subsection 7a71 by striking ,any person and inserting ,except as provided in subsection 7f71 any person2 and 7#b7 by adding at the end the following3 7f7 ,any person who repeatedly or willfully violates any of the provisions of section #ab1 if violations result in or cause the death or serious injury or serious illness of an employee under #ah years of age at the time of such violation1 shall be subject to imprisonment for not more than #e years or a fine under title #ah1 ,united ,states ,code1 or both4 4 #g4 ,report to ,congress on work-related injuries to children and related matters ,the ,fair ,labor ,standards ,act of #aich is amended by inserting after section #ab 7#bi ,u4,s4,c4 #bab7 the following new section3 #ab;,a4 ,data on work-related injuries to children and related matters 7a7 ,data analysis ,using the sources specified in subsection 7b71 the ,secretary shall analyze data concerning children under the age of #ah who are employed in agriculture and each work-related injury1 illness1 or death of any such child4 7b7 ,sources specified ,the sources referred to in subsection 7a7 are the following3 7#a7 ,sources within the ,department of ,labor1 including the ,wage and ,hour ,division1 the ,bureau of ,labor ,statistics1 and the ,occupational ,safety and ,health ,administration4 7#b7 ,state employment security agencies and other relevant ,state agencies4 7#c7 ,the ,national ,institute for ,occupational ,safety and ,health4 7c7 ,report 7#a7 ,in general ,the ,secretary shall annually submit report to ,congress which shall include-- 7,a7 a summary of the data collected by the ,secretary under this section and section #ab;,b2 7,b7 an evaluation1 based on such data1 that reflects the status of child labor and related safety and health hazards2 and 7,c7 any information1 based on such data1 that leads the ,secretary to believe that children under #ah years of age may have been employed in violation of section #ab4 7#b7 ,publication ,the ,secretary shall1 on the date that the ,secretary submits each report under paragraph 7#a7 to ,congress1 publish each such report in the ,federal ,register and ensure that such reports are posted on the ,department of ,labor website4 4 #h4 ,employer reporting requirements ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after the new section #ab;,a the following new section3 #ab;,b4 ,employer reporting requirements 7a7 ,report ,not later than #e days after an event specified under subsection 7b71 the employer involved in the event shall submit a report to the ,secretary in accordance with subsection 7c74 7b7 ,events specified ,an event referred to in subsection 7a7 is-- 7#a7 a work-related serious injury to an employee under #ah years of age employed in agriculture2 7#b7 the discovery of a work-related serious illness of an employee under #ah years of age employed in agriculture2 or 7#c7 the work-related death of an employee under #ah years of age employed in agriculture4 7c7 ,contents ,the report required by subsection 7a7 shall include-- 7#a7 the name and address of the employer2 7#b7 the name1 address1 and age of the employee2 7#c7 details relevant to the incident1 to include environmental hazards1 such as chemical or pesticide exposure1 use of machinery or tools at time of incident1 work tasks performed at time of incident1 and other details relating to the incident2 and 7#d7 such other information as the ,secretary of ,labor may by regulation prescribe4 7d7 ,failure ,to report ,the ,secretary may assess a civil penalty on any employer who fails to file a report as required by this section in an amount not less than #ejj and not more than #g1jjj per violation4 7e7 ,definition ,in this section1 the terms serious injury and serious illness have the meanings given such terms in section #af7;e77#a77;,b74 7f7 ,effective date ,the requirements under this section shall take effect on the date that is the earlier of-- 7#a7 the date on which the ,secretary issues a rule under section #aj7;a7 of the ,,care ,act of #bjai2 or 7#b7 the date that is #f months after the date of the enactment of such ,act4 4 #i4 ,pesticide-related worker protection standard 7a7 ,congressional finding ,congress finds and declares that the employment of children under the age of #ah in the occupation of a pesticide handler1 as such occupation is defined in the worker protection standard for workers exposed to pesticides in part #agj of title #dj1 ,code of ,federal ,regulations1 is particularly hazardous for1 and detrimental to the health and well-being of1 such children4 7b7 ,requirement for ,secretary of ,labor ,not later than the date that is #cj days after the date of enactment of this ,act1 the ,secretary of ,labor shall revise part #egj of title #bi1 ,code of ,federal ,regulations1 to prohibit the employment of a child under the age of #ah to perform any of the tasks or duties described in the definition of the term handler in section #agj4c of title #dj1 ,code of ,federal ,regulations4 #aj4 ,application of fair labor standards amendments 7a7 ,rulemaking ,not later than the date that is #f months after the date of the enactment of this ,act1 the ,secretary of ,labor may prescribe rules as necessary to implement the amendments made by sections #c through #f and the revision required by section #h4 ,any such rules issued shall take effect not later than #cj days after the date on which the rules are published in the ,federal ,register4 7b7 ,violations ,the amendments made by sections #c through #f and the revision required by section #i shall apply to violations of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 that occur after the date on which the rules issued under subsection 7a7 take effect4 7c7 ,rule of construction ,nothing in the amendments made by section #d1 #e1 or #f or in the revision required by section #i shall 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 or such revision4