article: SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or ``CARE Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours in the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Penalties for Violations Resulting in Serious Bodily Injury, Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any employer who violates section 12 shall be liable for such legal or equitable relief as may be appropriate where such violation results in serious bodily injury to, serious illness, or the death of a minor. An action to recover such relief may be brought against any employer in a Federal or State court of competent jurisdiction, without regard to the amount in controversy, by any employee subject to the protections of section 12 or by the employee's legal guardian or the employee's survivors. The court in such action shall, in addition to any other judgment awarded to the plaintiff, allow a reasonable attorney's fee to be paid by the defendant and the costs of the action. If the employee, the employee's legal guardian, or the employee's survivors collect a judgment under this subsection and also seek recovery for the same violation through State worker's compensation laws, the provisions of this subsection shall not be construed to prohibit a State from electing to offset recovery obtained under this subsection against recovery provided through such State worker's compensation laws. A court, in a case described in the preceding sentence, may consider the amount recovered under any State worker's compensation laws in awarding relief under this subsection.''. (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000 (notwithstanding any provision of section 3571 of title 18, United States Code, to the contrary), or to imprisonment for not more than 5 years, or both, in the case of 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 a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. (d) Rule of Construction.--Nothing in the amendments made by this section 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. SEC. 4. REPORTING AND RECORD-KEEPING. Section 12 (29 U.S.C. 212) is amended by adding at the end the following: ``(e)(1) The Secretary and the Director of the Bureau of the Census of the United States shall biannually compile 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 are employed; and ``(B) cases in which it was determined that children were employed in violation of this section. ``(2) Each employer who employs an individual in a State under the age of 18 shall report to the State employment security agency in the State on any injury to such individual that results in lost employment time or any illness such individual incurred while at work. Such report shall include the age of the individual, the nature of the job in which the individual is employed (including large-scale, commercial agriculture), the circumstances surrounding the injury or illness to such individual, and the report of the physician and health care facility which dealt with such injury or illness. ``(3) Beginning on January 1, 2003, the Secretary, in conjunction with the Secretary of Health and Human Services, shall issue a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. SEC. 5. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental 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. REGULATIONS. Not later than ____ days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. Such regulations shall take effect not later than ____ days after the date of such promulgation. SEC. 7. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date on which the regulations promulgated under section 6 take effect.
summary: Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.