To reform certain laws affecting child labor, and for other purposes.

To reform certain laws affecting child labor, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Children's Act for Responsible Employment of 2001' or the `CARE Act of 2001'.

SEC. 2. CHILD AGRICULTURAL EMPLOYMENT.

(a) FAMILY AGRICULTURAL EMPLOYMENT- Section 13(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)) is amended to read as follows:

`(c)(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 so employed, if such employee is employed by a family member of such employee on a farm that is owned or operated by such family member. In this paragraph, the term `family member' means a parent, grandparent, aunt, uncle, first cousin, or legal guardian.'.

(b) OTHER CHILD AGRICULTURAL EMPLOYMENT- Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraphs (2) and (4).

SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.

(a) CIVIL PENALTY- Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence by striking `not to exceed $10,000' and inserting `not less than $500 nor more than $15,000'.

(b) PRIVATE RIGHT OF ACTION- Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection:

`(f)(1) An employee (or the legal guardian or survivor of such employee) aggrieved by a violation of section 12 resulting in serious bodily injury to, or the serious illness or death of, such an employee may, in a civil action, recover from the employer of such employee appropriate legal or equitable relief.

`(2) An action under this subsection may be brought in a Federal or State court of competent jurisdiction, without regard to the amount in controversy.

`(3) In an action under this subsection, a court shall, in addition to any judgment ordered, allow a prevailing plaintiff to recover from the defendant the costs of the action and reasonable attorney fees.

`(4) If a plaintiff has recovered compensation under a State workers' compensation law for the same violation as alleged in an action under this subsection, a court may consider the amount recovered under such State law when awarding any relief under this subsection.

`(5) If a plaintiff collects a judgment under this subsection and also seeks recovery for the same violation under a State workers' compensation law, a State may elect to offset recovery obtained under this subsection against any recovery provided under such State law.'.

(c) CRIMINAL PENALTIES- Section 16(a) of such Act (29 U.S.C. 216(a)) is amended--

(1) by striking `Any' and inserting `(1) Except as provided in paragraph (2), any'; and

(2) by adding at the end the following new paragraph:

`(2) Any person who violates the provisions of section 15(a)(4) concerning child labor shall upon conviction be subject to a fine under title 18, United States Code, or to imprisonment for not more than 5 years, or both, in the case of--

`(A) 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

`(B) a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law concerning child labor.'.

(d) RULE OF CONSTRUCTION- Nothing in the amendments made by this section may 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.

SEC. 4. REPORTING AND RECORDKEEPING.

(a) IN GENERAL- Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection:

`(e)(1) The Secretary, using information provided by the Director of the Bureau of the Census, shall biannually compile, and make available to the public, data from respective State employment security agencies and from other sources in all the States concerning--

`(A) the types of industries and occupations in which children under the age of 18 years are employed; and

`(B) cases in which the Secretary determines that such children were employed in violation of this section.

`(2)(A) Each employer who employs an employee under the age of 18 years shall report to the Secretary and the appropriate State employment security agency any injury (including an injury resulting in death) to such employee that results in lost employment time of at least one working day or any illness such employee incurred in the course of employment.

`(B) Such report shall be made not later than five days after such injury or illness and shall include--

`(i) the age of the child;

`(ii) the nature of the job in which the employee is employed (including large-scale, commercial agriculture);

`(iii) the circumstances surrounding the injury or illness to such employee; and

`(iv) to the extent permitted under an applicable State or Federal law, the report of any physician and health care facility which provided care for such employee.

`(3) Using information collected under paragraphs (1) and (2), the Secretary shall submit to the Congress a biannual report on the status of child labor in the United States and its attendant safety and health hazards.'.

(b) INITIAL COMPILATION AND REPORT- The first compilation and report under paragraphs (1) and (3), respectively, of section 12(e) of such Act (29 U.S.C. 212(e)(1) and (3)), as added by subsection (a) of this section, shall be completed not later than 2 years after the date of enactment of this Act.

SEC. 5. COORDINATION.

Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204) is amended by adding at the end the following new subsection:

`(g) The Secretary shall encourage and, where practicable, establish closer working relationships with nongovernmental 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. 6. CHILD LABOR ENFORCEMENT.

Subject to the availability of appropriations, the Secretary of Labor shall--

(1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor for the principal purpose of enforcing compliance with child labor laws; and

(2) provide for a 10-percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor for the principal purpose of increasing prosecution of violations of child labor laws.

SEC. 7. WORKER PROTECTION STANDARD.

(a) IN GENERAL- Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the following new subsection:

`(f) WORKER PROTECTION STANDARD-

`(1) FARMWORKER CHILDREN AND WOMEN-

`(A) IN GENERAL- For the purpose of affording greater protection to children and women employed on, or present near, farms, the Administrator, in consultation with the Secretary of Labor, shall revise the worker protection standard promulgated under this section to take into account the routine presence of children through age 18 years (including nursing children) and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied, necessitating separate and more stringent regulations for restricted entry intervals and other pertinent worker health and safety standards, in view of the physiological differences between men and such children and women and the differential impact of pesticides and correspondingly greater risks posed to such children and women.

`(B) PERIODIC REVIEW- The Administrator, in consultation with the Secretary of Labor, shall review all facets of the worker protection standard at least once every 5 years after the date of enactment of this subsection to take into account and incorporate advances in scientific knowledge regarding the considerations described in subparagraph (A).

`(2) SCOPE AND REPORTING OF INSPECTIONS- The Administrator shall--

`(A) promulgate specific requirements to be fulfilled in the conduct of all inspections regarding compliance with the worker protection standard promulgated under this section; and

`(B) publish an annual report on the findings and results of the inspections for each State.'.

(b) CONFORMING AMENDMENT- The table of contents in section 1(b) of such Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 25 the following new items:

`(e) Peer review.

`(f) Worker protection standard.

`(1) Farmworker children and women.

`(2) Scope and reporting of inspections.'.

SEC. 8. MIGRANT AND SEASONAL FARMWORKER YOUTH DROPOUT PREVENTION.

(a) IN GENERAL- Section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854) is amended by adding at the end the following new subsection:

`(d) MIGRANT AND SEASONAL FARMWORKER YOUTH DROPOUT PREVENTION-

`(1) AUTHORIZED PROGRAM ACTIVITIES- The Secretary shall make grants on a competitive basis to assist grant recipients to provide the following programs to migratory youth:

`(A) Programs that provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, interests, aptitudes, supportive service needs, and developmental needs of such participant. A new assessment of a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted under another education or training program.

`(B) Programs that develop service strategies for each participant that shall identify an academic goal, appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted under subparagraph (A). A new service strategy for a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program.

`(C) Programs that provide preparation for postsecondary educational opportunities, in appropriate cases.

`(D) Programs that provide strong linkages between academic and occupational learning preparation for unsubsidized employment opportunities, in appropriate cases.

`(2) PROGRAM ELEMENTS- The programs described in subparagraphs (C) and (D) of paragraph (1) shall include the following elements:

`(A) Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies.

`(B) Alternative secondary school services, as appropriate.

`(C) Summer employment opportunities that are directly linked to academic and occupational learning.

`(D) Paid and unpaid work experiences, including internships and job shadowing, as appropriate.

`(E) Visits to institutions of higher education, as appropriate.

`(F) Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during nonschool hours, as appropriate.

`(G) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate.

`(H) Adult mentoring for the period of participation in a program under subparagraph (C) or (D) of paragraph (1) and a subsequent period, for a total of not less than 12 months.

`(I) Followup services for not less than one year after the completion of participation in a program under subsection (C) or (D) of paragraph (1), as appropriate.

`(J) Stipends to offset loss of work-related income or loss of potential work-related income. Any such stipend shall be paid to the parent or guardian of the migratory youth (or to the youth, if such youth is emancipated under an applicable State law), if such parent or guardian (or youth) provides to the grant recipient--

`(i) proof of enrollment in an education program (including current school records or, if school is not in session, school records from the previous academic year); and

`(ii) if the migratory youth is employed, a statement from the employer describing the employment and the working hours of such youth, or if the migratory youth is not employed, a statement stating that fact.

`(3) CONDITION- A recipient of a grant under this subsection shall coordinate its activities with those of State or local educational agencies providing programs authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.).

`(4) MIGRATORY YOUTH DEFINED- In this subsection, the term `migratory youth' means a migratory child (as such term is defined in section 1309(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399(2))) who is at least 12 years old and not more than 18 years old.

`(5) ADMINISTRATION, DATA COLLECTION, AND EVALUATION-

`(A) IN GENERAL- The Secretary may reserve up to 6 percent of the funds made available under section 127(b)(1)(A)(iii) for the migrant and seasonal farmworker youth dropout prevention program under this subsection for administration, data collection, and evaluation of the program.

`(B) SPECIAL RESERVATION- Subject to available appropriations, the Secretary shall use up to 2 percent of the funds made available under section 127(b)(1)(A)(iii) to enter into a contract with a national farmworker organization--

`(i) to establish and maintain an electronic database of program participants;

`(ii) to operate a toll-free national telephone program information line to assist migratory youth in accessing dropout prevention services under this subsection;

`(iii) to assist the Departments of Labor and Education in developing appropriate methods for evaluating the program under this subsection;

`(iv) to provide technical assistance and training to grant recipients; and

`(v) to develop a migrant and seasonal farmworker youth dropout prevention model based on the best practices used in successful programs.

`(6) AVAILABILITY OF PROGRAM UNDER THIS SUBSECTION- Notwithstanding section 188(a)(5) or any other provision of law, a program under this subsection may be made available to an immigrant other than one authorized by the Attorney General to work in the United States.'.

(b) PURPOSES- Section 129(a) of such Act (29 U.S.C. 2854(a)) is amended--

(1) in paragraph (5), by striking `and' at the end;

(2) in paragraph (6), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(7) to provide supportive services, opportunities, and incentives to eligible migrant and seasonal farmworker youth to encourage and assist them in remaining in secondary school through graduation.'.

(c) FUNDING- Section 127(b)(1)(A)(iii) of such Act (29 U.S.C. 2851(b)(1)(A)(iii)) is amended by inserting `the greater of $50,000,000 or' after `make available'.

(d) CROSS-REFERENCE- Section 167(d) of such Act (29 U.S.C. 2912(d)) is amended by inserting `(including activities under section 129(d))' after `dropout prevention activities'.

SEC. 9. FAIR LABOR STANDARDS REGULATIONS.

Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out sections 2 through 6 and the amendments made by such sections. Such regulations shall take effect not later than 30 days after the date of such promulgation.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary.

SEC. 11. EFFECTIVE DATE FOR FAIR LABOR STANDARDS AMENDMENTS.

The amendments made by sections 2 through 5 of this Act shall take effect on the date that the rules promulgated under section 9 take effect.