Sec. 202. Supporting implementation and interagency collaboration
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Section 4A of the Fair Labor Standards Act of 1938, as added by the previous section, is further amended by adding at the end the following: There is established in the Treasury of the United States a fund, to be known as the Child Labor and Safety and Health Fund (referred to in this subsection as the Fund ), from which amounts may be obligated and expended without subsequent appropriation to carry out the program established under paragraph (3). Amounts deposited into the Fund from the sources described in subparagraph
(B)shall be available without fiscal year limitation solely for the uses described in paragraph (3). The sources described in this paragraph are as follows: Civil penalties described in section 16(e)(5). Civil penalties described in section 17(e) of the Occupational Safety and Health Act of 1970. The Secretary of Labor shall create and carry out a program to conduct, or award grants or contracts to entities to conduct, activities related to oppressive child labor and the occupational safety and health of employees under the age of 18 in accordance with subparagraph (B). On request of the Secretary of Labor, the Secretary of Treasury shall transfer from the Fund to the Secretary of Labor, such amounts as the Secretary of Labor determines to be necessary to implement the program established by subparagraph
(A)through the following activities: Investigation, enforcement, implementation, and interagency collaboration. Training and education of children, employers, and teachers and other professionals who may reasonably be anticipated to identify children working in conditions of oppressive child labor, on oppressive child labor, occupational safety and health, and young employees’ rights at work. Research on oppressive child labor in accordance with section 5 and the occupational safety and health of young employees in accordance with section 20 of the Occupational Safety and Health Act of 1970, to be conducted directly or through grant or contract by the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health. The Secretary shall keep adequate records regarding amounts so deposited and used. Not later than March 1 of each year, the Secretary shall submit a report to the Committees on Appropriations, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate consisting of the following: For the fiscal year preceding the year in which a report is required to be submitted, all funds received in the Fund, uses of such funds, and data about such uses, including the number of investigations and enforcement actions brought using such funds and the outcomes of such investigations and enforcement actions, trainings delivered, and research supported. For the fiscal year in which a report is required to be submitted, all funds received and estimated to be received, all actual and estimated uses of such funds, and actual and estimated data about such uses. . Section 16(e)(5) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(5) ) is amended by striking the last sentence and inserting Civil penalties collected for violations of section 12 shall be deposited in the fund established by section 4A(b). . Section 17(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(e) ), as redesignated by title I of this Act, is amended further— by striking the first word and inserting the following: Procedure for payment of civil penalties .— Except as provided in paragraph 2, civil ; and by adding at the end the following: Civil penalties enhanced pursuant to subsection (a)(2)(A) or subsection (a)(2)(B)(ii) shall be deposited in the fund established by section 4A(b) of the Fair Labor Standards Act of 1938. .
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