[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4440 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4440
To protect children from oppressive child labor and unsafe workplaces,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2023
Mr. Scott of Virginia (for himself, Ms. Adams, Mr. McGarvey, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To protect children from oppressive child labor and unsafe workplaces,
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 ``Protecting Children Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
TITLE I--IMPROVING ENFORCEMENT
Sec. 101. Adjusting civil monetary penalties.
Sec. 102. Enhancing criminal penalties.
Sec. 103. Expanding use of hot goods injunctions.
Sec. 104. Enabling private enforcement.
TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN
Sec. 201. Increasing expertise for protecting children from unsafe
employment and oppressive child labor.
Sec. 202. Supporting implementation and interagency collaboration.
TITLE III--UPDATING STANDARDS TO PROTECT CHILDREN
Sec. 301. Improving process for updating standards on conditions of
oppressive child labor.
Sec. 302. Judicial review of rulemaking.
TITLE IV--INCREASING RESEARCH AND PUBLIC EDUCATION
Sec. 401. Coordinating research on child labor.
Sec. 402. Developing a comprehensive statistical program.
Sec. 403. Enabling training and public engagement.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 60 days after the date of enactment of this Act.
TITLE I--IMPROVING ENFORCEMENT
SEC. 101. ADJUSTING CIVIL MONETARY PENALTIES.
(a) Oppressive Child Labor.--Section 16(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``not to exceed--'' and inserting
``as follows:'';
(B) by moving the margins for clauses (i) and (ii)
4 ems to the left;
(C) in clause (i)--
(i) by striking ``$11,000'' and inserting
``Not more than $150,000 but not less than
$1,500''; and
(ii) by striking ``violation; or'' and
inserting ``violation, which penalty may be
doubled where the violation is a repeated or
willful violation.''; and
(D) in clause (ii), by striking ``$50,000'' and
inserting ``Not more than $700,000 but not less than
$7,000''; and
(2) in paragraph (3), by striking ``charged and'' and
inserting ``charged, the economic benefit of noncompliance,
and''.
(b) Unsafe Working Conditions.--
(1) Structure and headers.--Section 17 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 666) is amended--
(A) in subsection (a), by striking ``Any'' and
inserting the following:
``Civil Penalties.--
``(1) Base penalties.--
``(A) Any'';
(B) by redesignating subsection (b) as subsection
(a)(1)(B);
(C) by redesignating subsection (d) as subsection
(a)(1)(C);
(D) by redesignating subsection (c) as subsection
(a)(1)(D);
(E) by redesignating subsection (i) as subsection
(a)(1)(E);
(F) in subsection (f), by striking ``Any'' and
inserting the following:
``Criminal Penalties.--
``(1) Any'';
(G) by redesignating subsection (f), as so amended,
as subsection (b);
(H) by redesignating subsections (g), (h), and (e)
as subsections (b)(2), (b)(3), and (b)(4) respectively;
and
(I) by redesignating subsections (j), (k), and (l)
as subsections (c), (d), and (e) respectively.
(2) Penalty amounts.--Section 17(a)(1) of the Occupational
Safety and Health Act of 1970, as amended by paragraph (1), is
further amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``$70,000'' and
inserting ``$700,000'';
(II) by striking ``$5,000'' and
inserting ``$50,000''; and
(III) by striking the word
``willful'';
(ii) in subparagraph (B), by striking
``$7,000'' and inserting ``$70,000, but not
less than $7,000,''; and
(iii) in subparagraph (C), by striking
``$7,000'' and inserting ``$70,000, but not
less than $7,000,''; and
(B) by adding at the end the following:
``(2) Enhancements.--
``(A) Young workers.--If any significant violation
caused or contributed to serious physical harm to an
employee under 18 years of age, the minimum and maximum
civil penalty otherwise allowed by paragraph (1) shall
be doubled for each such violation.
``(B) Fatalities.--If any significant violation
caused or contributed to the death of an employee--
``(i) the minimum and maximum civil penalty
otherwise allowed by paragraph (1) shall be
doubled for each such violation; and
``(ii) in a case in which such employee was
under 18 years of age, such civil penalty shall
be trebled for each such violation.''.
(3) Considerations for penalty levels.--Section 17(c) of
the Occupational Safety and Health Act of 1970, as redesignated
by paragraph (1), is further amended--
(A) by striking the first word and inserting
``Assessment of Penalties.--The''; and
(B) by striking ``and the history'' and inserting
``the economic benefit of noncompliance, and the
history''.
(4) Definition.--Section 17(d) of the Occupational Safety
and Health Act of 1970, as redesignated by paragraph (1), is
further amended--
(A) by striking ``For purposes of this section,
the'' and inserting the following:
``Definitions.--For purposes of this section--
``(1) Serious.--The''; and
(B) by adding at the end the following:
``(2) Significant.--The term `significant violation'
means--
``(A) a serious, willful, or repeated violation;
``(B) a failure to correct, as described in
paragraph (1)(C), where the underlying violation was a
serious, willful, or repeated violation.''.
SEC. 102. ENHANCING CRIMINAL PENALTIES.
(a) Oppressive Child Labor.--Section 16(a) of the Fair Labor
Standards Act (29 U.S.C. 216(a)) is amended--
(1) by striking the first word and inserting the following:
``Criminal Penalties.--
``(1) In general.--Except as provided in paragraph 2,
any'';
(2) by striking the word ``subsection'' each place it
appears and inserting the word ``paragraph''; and
(3) by adding at the end the following:
``(2) Oppressive child labor.--
``(A) Negligence with respect to a child.--Any
person who knowingly or willfully violates section
15(a)(4) of this Act and thereby negligently places an
employee employed in violation of such section in
imminent danger of death or serious bodily injury shall
be punished by a fine under title 18, United States
Code, or by imprisonment for not more than 1 year, or
both. If a conviction of any person under this
subparagraph is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(B) Knowing violation with respect to a child.--
Any person who knowingly or willfully violates section
15(a)(4) of this Act and thereby knowingly places an
employee employed in violation of such section in
imminent danger of death or serious bodily injury shall
be punished by a fine under title 18, United States
Code, or by imprisonment of not more than 15 years, or
both. Any person, other than an individual, committing
such violation shall, upon conviction under this
subparagraph, be subject to a fine of not more than
$5,000,000 for each violation. If a conviction of any
person under this subparagraph is for a violation
committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.
``(C) Cause of death to a child.--Any person who
knowingly or willfully violates section 15(a)(4) of
this Act and thereby knowingly places an employee
employed in violation of such section in imminent
danger of death or serious bodily injury, and such
violation results in the death of a child, shall be
punished by a fine under title 18, United States Code,
and imprisonment for any term of years or for life. Any
person, other than an individual, committing such
violation shall, upon conviction under this
subparagraph, be subject to a fine of not more than
$10,000,000 for each violation. If a conviction of any
person under this subparagraph is for a violation
committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.''.
(b) Unsafe Working Conditions.--Section 17(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 666(b)), as so amended and
redesignated by this Act, is further amended--
(1) in paragraph (1), by striking ``of not more'' and all
that follows and inserting ``under title 18, imprisonment for
not more than 5 years, or both. If a conviction of any person
under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.'';
(2) in paragraph (2), by striking ``of not more'' and all
that follows and inserting ``under title 18, imprisonment for
not more than 5 years, or both. If a conviction of any person
under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Imminent danger or death.--
``(A) Any employer who negligently violates any
standard, rule, or order promulgated pursuant to
section 6 of this Act, or of any regulations prescribed
pursuant to this Act, and thereby negligently places an
employee in imminent danger of death or serious bodily
injury, shall be punished by a fine under title 18,
United States Code, imprisonment for not more than one
year, or both. If a conviction of any person under this
paragraph is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(B) Any employer who knowingly or willfully
violates any standard, rule, or order promulgated
pursuant to section 6 of this Act, or of any
regulations prescribed pursuant to this Act, and in so
doing places an employee in imminent danger of death or
serious bodily injury, shall be punished by a fine
under title 18, United States Code, imprisonment for
not more than 15 years, or both. Any person, other than
an individual, committing such violation shall, upon
conviction under this paragraph, be subject to a fine
of not more than $5,000,000 for each violation. If a
conviction of any person under this paragraph is for a
violation committed after a first conviction of such
person under this paragraph, the maximum punishment
shall be doubled with respect to both the fine and
imprisonment.
``(C) Any employer who knowingly or willfully
violates any standard, rule, or order promulgated
pursuant to section 6 of this Act, or of any
regulations prescribed pursuant to this Act, and such
violation causes the death of an employee, shall be
punished by a fine under title 18, United States Code,
and imprisonment for any term of years or for life. Any
person, other than an individual, committing such
violation shall, upon conviction under this paragraph,
be subject to a fine of not more than $10,000,000 for
each violation. If a conviction of any person under
this paragraph is for a violation committed after a
first conviction of such person under this paragraph,
the maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(5) Endangerment of young workers.--The maximum
punishment otherwise prescribed by paragraph 4 shall be doubled
with respect to both the fine and imprisonment for each
violation that puts an employee under the age of 18 in imminent
danger of death or serious bodily injury or causes the death of
such employee, as the case may be.''.
SEC. 103. EXPANDING USE OF HOT GOODS INJUNCTIONS.
Section 12(a) of the Fair Labor Standards Act (29 U.S.C. 212(a)) is
amended--
(1) by striking the first word and inserting the following:
``Shipment of Goods.--
``(1) In general.--No'';
(2) by striking ``thirty'' and inserting ``ninety'';
(3) by striking the colon after ``employed'' and inserting
a period;
(4) by striking ``Provided, That any'' and inserting the
following:
``(2) Good faith.--Any'';
(5) by striking the colon after ``prohibited by this
subsection'' and inserting a period; and
(6) by striking ``And provided further, That a'' and
inserting the following:
``(3) Prosecution and conviction.--A''.
SEC. 104. ENABLING PRIVATE ENFORCEMENT.
Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(b)) is amended as follows:
(1) Structure and headers.--
(A) In the first sentence, by striking the first
word and inserting the following:
``Private Enforcement.--
``(1) Remedies.--
``(A) Minimum wages and overtime.--Any''.
(B) In the second sentence, by striking the first
word and inserting the following:
``(B) Fair employment practices.--Any''.
(C) In the third sentence, by striking the first
word and inserting the following:
``(C) Tips.--Any''.
(D) In the fourth sentence, by striking the first
word and inserting the following:
``(2) Right of action.--
``(A) In general.--An''.
(E) In the fifth sentence, by striking the first
word and inserting the following:
``(B) Collective action.--No''.
(F) In the sixth sentence, by striking the first
word and inserting the following:
``(C) Fees and costs.--The''.
(G) In the last sentence, by striking the first
word and inserting the following:
``(3) Actions by the secretary.--The''.
(2) New right of action.--In paragraph (1), as amended by
the previous paragraph, by adding at the end the following:
``(D) Child labor.--Any employer who violates
section 12 shall, if any child is harmed as a result of
such violation, be liable to the child affected for
compensatory and punitive damages.''.
TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN
SEC. 201. INCREASING EXPERTISE FOR PROTECTING CHILDREN FROM UNSAFE
EMPLOYMENT AND OPPRESSIVE CHILD LABOR.
(a) Establishment of Advisory Committee.--The Fair Labor Standards
Act of 1938 (29 U.S.C. 204), as amended by title I of this Act, is
further amended by inserting after section 4 the following new section:
``SEC. 4A. ADMINISTRATION OF CHILD LABOR PROVISIONS.
``(a) National Advisory Committee on Child Labor.--
``(1) Establishment.--There is hereby established a
National Advisory Committee on Child Labor, which shall advise,
consult with, and make recommendations to the Secretary of
Labor and the Secretary of Health and Human Services on matters
relating to--
``(A) oppressive child labor;
``(B) preventing children, including vulnerable
children, from being exposed to oppressive child labor;
and
``(C) protecting children's health, safety, and
welfare with regard to employment.
``(2) Members.--
``(A) Appointment.--The Advisory Committee shall
consist of 15 members appointed by the Secretary of
Labor, five of whom are to be designated in
consultation with the Secretary of Health and Human
Services (acting through the Director of the National
Institute for Occupational Safety and Health), without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service.
``(B) Qualification.--The members shall be selected
upon the basis of their experience and competence in
the field of occupational safety and health, child
welfare, labor trafficking, and child labor.
``(C) Composition.--The membership of the Advisory
Committee shall consist of qualified persons from
Federal agencies, the States, and private life,
including the following:
``(i) one or more representatives of State
agencies focused on occupational safety and
health established pursuant to section 18 of
the Occupational Safety and Health Act of 1970
(29 U.S.C. 667);
``(ii) one or more persons qualified by
experience and affiliation to present the
viewpoint of the employers involved, and one or
more persons similarly qualified to present the
viewpoint of the workers involved, provided
that the number of persons presenting employer
viewpoints is equal to the number of persons
presenting workers' viewpoints; and
``(iii) such other persons as the Secretary
may appoint who are qualified by knowledge and
experience to make a useful contribution to the
work of the Advisory Committee, provided that
the number of persons so appointed shall not
exceed the number appointed as representatives
of Federal and State agencies.
``(D) Conflicts of interest.--No member of the
Advisory Committee (other than representatives of
employers and employees) shall have an economic
interest in any proposed rule, order, or recommendation
for rule or order.
``(E) Leadership.--The Secretary shall designate
one of the public members as Chairperson.
``(F) Compensation.--Members of the Advisory
Committee appointed from private life shall be
compensated in the same manner as consultants or
experts under section 3109 of title 5, United States
Code. The Secretary shall pay to any State which is the
employer of a member of the Advisory Committee who is a
representative of the occupational safety and health or
child welfare agency of that State, reimbursement
sufficient to cover the actual cost to the State
resulting from such representative's membership on the
Advisory Committee.
``(G) Continuity.--A member of the Advisory
Committee who is otherwise qualified may continue to
serve until a successor is appointed.
``(3) Resources.--The Secretary shall furnish to the
Advisory Committee an executive secretary and such secretarial,
clerical, and other services as are deemed necessary to the
conduct of its business.
``(4) Meetings.--The Advisory Committee shall hold no fewer
than two meetings during each calendar year. All meetings of
the Advisory Committee shall be open to the public and a
transcript shall be kept and made available for public
inspection.''.
(b) Definition.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following new
paragraph:
``(z) `Advisory Committee' means the National Advisory Committee on
Child Labor established under section 4A(a).''.
SEC. 202. SUPPORTING IMPLEMENTATION AND INTERAGENCY COLLABORATION.
(a) Child Labor and Safety and Health Fund.--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:
``(b) Child Labor and Safety and Health Fund.--
``(1) In general.--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).
``(2) Transfers to fund.--
``(A) Availability.--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).
``(B) Sources described.--The sources described in
this paragraph are as follows:
``(i) Civil penalties described in section
16(e)(5).
``(ii) Civil penalties described in section
17(e) of the Occupational Safety and Health Act
of 1970.
``(3) Program.--
``(A) In general.--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).
``(B) Uses of funds.--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:
``(i) Investigation, enforcement,
implementation, and interagency collaboration.
``(ii) 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.
``(iii) 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.
``(4) Records and reports.--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:
``(A) 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.
``(B) 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.''.
(b) Retention of Child Labor Penalties.--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).''.
(c) Retention of Penalties for Young Workers' Illness and Injury.--
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--
(1) by striking the first word and inserting the following:
``Procedure for Payment of Civil Penalties.--
``(1) In general.--Except as provided in paragraph 2,
civil''; and
(2) by adding at the end the following:
``(2) Penalties involving young workers.--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.''.
TITLE III--UPDATING STANDARDS TO PROTECT CHILDREN
SEC. 301. IMPROVING PROCESS FOR UPDATING STANDARDS ON CONDITIONS OF
OPPRESSIVE CHILD LABOR.
(a) Rulemaking Policies.--
(1) Permitted work.--
(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:
``(e) Children's Welfare.--''.
(B) Transfer amendment.--The last sentence of
section 3(l) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(l)) is--
(i) transferred to subsection (e) of
section 12 of such Act (29 U.S.C. 212); and
(ii) inserted so as to appear after the
subsection heading of such section 12.
(2) Hazardous occupations.--Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is further amended by
adding at the end the following:
``(f) Hazardous Occupations.--
``(1) Periodic review.--The Secretary shall periodically
review the hazardous occupation orders promulgated by the
Secretary to determine if, to more adequately protect children
from oppressive child labor, a new hazardous occupation order
should be promulgated, or an update to an existing such order
should be promulgated.
``(2) Considerations.--In determining the need for
promulgating a new hazardous occupation order or promulgating
an update to an existing such order, the Secretary shall--
``(A) place preeminent value on assuring the
safety, health, and well-being of children;
``(B) take into consideration the vulnerable,
formative, and malleable nature of childhood and
adolescence, which requires a higher standard of
protection for children than that accorded to adults;
``(C) adopt any reasonable precautionary
assumptions necessary to prevent children from being
exposed in the workplace to hazards that may reasonably
be anticipated to cause serious illness or injury,
disability, premature mortality, or long-term health
effects (including exposure to any substance which is
known or may reasonably be anticipated to be
carcinogenic, mutagenic, teratogenic, neurotoxic,
reprotoxic, or asthmagenic); and
``(D) take into consideration any--
``(i) recommendations provided under
paragraph (3) of this section by the Advisory
Committee or the Secretary of Health and Human
Services provided under paragraph (3) of this
subsection; and
``(ii) any information provided under
subsection (g).
``(3) Recommendations for orders.--
``(A) Advisory committee.--
``(i) In general.--In a case in which the
Secretary determines that expert advice is
needed to aid the Secretary's decision whether
to promulgate a new hazardous occupation order
(or an update to such an existing order), the
Secretary--
``(I) may request the Advisory
Committee to submit its recommendations
to the Secretary relating to the
proposed or existing order; and
``(II) in a case in which the
Secretary requests recommendations
pursuant to subclause (I), shall
provide the Advisory Committee with--
``(aa) any proposals
developed by the Secretary or
by the Secretary of Health and
Human Services relating to the
proposed or existing order with
respect to which the Secretary
is requesting recommendations;
and
``(bb) all pertinent
factual information developed
by the Secretary or the
Secretary of Health and Human
Services, including any
applicable information provided
under subparagraph (B) or
otherwise available.
``(ii) Submission of recommendations.--
``(I) In general.--Subject to
subclause (II), the Advisory Committee
shall submit to the Secretary its
recommendations relating to an existing
or proposed order not later than 90
days after the date of the Committee's
receipt of such request from the
Secretary relating to such order.
``(II) Exceptions.--The Secretary
may prescribe a period for the
submission of recommendations by the
Advisory Committee under subclause (I)
relating to an existing or proposed
order that is longer or shorter than
the 90-day period referred to in
subclause (I), except that such period
may not exceed 180 days after the date
of the Committee's receipt of the
request for recommendations relating to
such order.
``(iii) Receipt of recommendations.--In the
case in which the Advisory Committee recommends
the promulgation of a new order (or an update
to an existing order), the Secretary shall, not
later than 90 days after submission of such
recommendation by the Advisory Committee or the
expiration of the period prescribed by the
Secretary for such submission--
``(I) promulgate pursuant to
paragraph (4) such order (or update) in
a manner consistent with such
recommendations; or
``(II) publish such recommendations
in the Federal Register along with a
detailed and substantive statement of
the Secretary's reasons for not
promulgating the new order or update.
``(B) NIOSH criteria.--In a case in which the
Secretary of Health and Human Services (acting through
the Director of the National Institute for Occupational
Safety and Health) recommends (accompanied by
appropriate criteria) the promulgation of a new
hazardous occupation order (or an update to an existing
such order) by the Secretary of Labor, the Secretary of
Labor shall, not later than 180 days after receiving
such recommendation--
``(i) refer such recommendation to the
Advisory Committee pursuant to paragraph (3)
and carry out applicable requirements of such
paragraph;
``(ii) promulgate pursuant to paragraph (4)
such order (or update) in a manner consistent
with the recommendation provided under this
subparagraph; or
``(iii) publish such recommendation in the
Federal Register along with a detailed and
substantive statement of the Secretary's
reasons for not promulgating the new order (or
update).
``(4) Procedures.--
``(A) In general.--The Secretary shall, when acting
on the Secretary's own initiative or in response to a
recommendation by the Advisory Committee or Secretary
of Health and Human Services, promulgate any hazardous
occupation order (including an update to an existing
such order) in accordance with this paragraph and in
accordance with section 553 of title 5, United States
Code (without regard to any reference in such section
to sections 556 and 557 of such title).
``(B) Comment.--When publishing a proposed order
pursuant to this paragraph, the Secretary shall afford
interested persons a period of 60 days after such
publication to submit written data or comments on the
order. Such comment period may be extended by the
Secretary for good cause but in any event shall last no
more than 120 days.
``(C) Transparency.--For any rulemaking notice
pursuant to this paragraph, the Secretary shall place
in the public record not later than the date of such
rulemaking notice the following:
``(i) The drafts of such rulemakings
prepared before publication and submitted by
the Secretary to the Office of Management and
Budget for any interagency review process prior
to publication.
``(ii) A summary of the substance of any
changes between the text of the draft
rulemaking that the agency provided to the
Office of Management and Budget under section
6(a)(3)(B)(i) of Executive Order 12,866 and the
text published in the Federal Register,
excluding any non-substantive changes such as
spelling or grammatical corrections or re-
ordering of text that has no legal effect.
``(iii) A statement identifying any party
or entity at whose request any such change was
made.
``(5) Effect.--A hazardous occupation order or any update
to such an order shall become effective upon promulgation,
except that the Secretary may include a reasonable delay in the
effective date.
``(g) Authoritative Expertise.--When promulgating any order
pursuant to this section, the Secretary may adopt, rely on, or presume
to be the best available evidence of children's health, safety, and
well-being or conditions of work particularly hazardous to children,
any recommendation, finding, assessment, or research by the National
Institute for Occupational Safety and Health, the National Academies of
Science, Engineering, and Medicine, the National Toxicology Program,
the Integrated Risk Information System of the Environmental Protection
Agency, or the International Agency for Research on Cancer.
``(h) Hazardous Occupation Order Defined.--In this section, the
term `hazardous occupation order' means any rule, regulation, or order
promulgated pursuant to subsection (f)(4) by the Secretary that deems
one or more occupations or working conditions as oppressive child labor
due to the determination by the Secretary that such occupations or
working conditions are particularly hazardous for the employment of
children of certain ages or detrimental to the health and well-being of
children.''.
(3) Preventing rollbacks of child labor standards.--Section
12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is
further amended further by adding at the end the following:
``(i) Maintaining Protection.--No order, rule, or regulation
promulgated pursuant to subsections (e) or (f) shall reduce the
protection afforded children by an existing order, rule, or regulation
promulgated under this Act.''.
SEC. 302. JUDICIAL REVIEW OF RULEMAKING.
Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210)
is amended to read as follows:
``SEC. 10. JUDICIAL REVIEW.
``(a) Filing of Petition.--Any person who may be adversely affected
by an order, rule, or regulation pursuant to this Act may file a
petition for review of such order, rule, or regulation with the United
States court of appeals for the circuit where such person resides,
where the principal place of business of such person is located, or in
the United States Court of Appeals for the District of Columbia. The
filing of a petition for review of any order, rule, or regulation under
this section shall not operate as a stay of such order, rule, or
regulation.
``(b) Timely Filing.--Any petition for review under this section
shall be filed not later than sixty days after the date on which there
is notice of the rulemaking with respect to such order, rule, or
regulation in the Federal Register.
``(c) Not Subject to Subsequent Review.--Action of the Secretary
with respect to which review could have been obtained under this
section shall not be subject to judicial review in civil or criminal
proceedings for enforcement.''.
TITLE IV--INCREASING RESEARCH AND PUBLIC EDUCATION
SEC. 401. COORDINATING RESEARCH ON CHILD LABOR.
(a) Research and Related Activities.--
(1) In general.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended by inserting after section 4 (29
U.S.C. 204) the following:
``SEC. 5. RESEARCH AND RELATED ACTIVITIES.'';
(2) Special exemptions relating to child labor.--Paragraph
(2) of section 4(d) of such Act is--
(A) transferred to section 5 of such Act;
(B) inserted so as to appear after the section
heading;
(C) redesignated as subsection (a) of such section
5; and
(D) amended--
(i) by striking the first word and
inserting ``Periodic Review of Exemptions.--
The''; and
(ii) by striking ``January 1, 1976'' and
inserting ``five years after the effective date
of the Protecting Children Act and shall update
such studies and such report every ten years
thereafter''; and
(3) Studies on preventing curtailment of employment
opportunities for manpower groups.--Paragraph (3) of section
4(d) of such Act is--
(A) transferred to section 5 of such Act;
(B) inserted so as to appear after subsection (a)
of such section 5, as amended by paragraph (2);
(C) redesignated as subsection (b) of such section
5; and
(D) amended by striking the first word and
inserting ``Employment Opportunity.--The''.
(4) Conforming amendment.--Subsection (d) of section 4 of
such Act is further amended--
(A) by striking ``(d)(1) The Secretary shall
submit'' and inserting the following:
``(d) Biennial Report.--The Secretary shall submit''.
(b) National Research Agenda on Child Labor.--Section 5 of the Fair
Labor Standards Act of 1938 is further amended by adding at the end the
following:
``(c) National Research Agenda on Child Labor.--
``(1) In general.--The Secretary of Health and Human
Services (acting through the Director of the National Institute
for Occupational Safety and Health), after consultation with
the Secretary of Labor and with other appropriate Federal
departments or agencies, shall conduct (directly or by grants
or contracts) research, experiments, and demonstrations
relating to oppressive child labor, the occupational safety and
health of young workers, and the exposure or risk of such
exposure of vulnerable children to oppressive child labor,
including innovative methods, techniques, and approaches for
preventing oppressive child labor, research relevant to
strategic enforcement of the child labor provisions of this
Act, surveillance of occupational illnesses and injuries for
young workers, and identification of conditions of work that
are particularly hazardous to children or harmful to their
health and well-being.
``(2) Tracking work-related injury and illness.--The
Secretary of Health and Human Services shall, in coordination
with the Secretary of Labor, develop a comprehensive plan for
monitoring work-related illnesses and injuries sustained by
employees under the age of 18 and for monitoring the hazards to
which such employees are exposed. Such plan shall include the
following:
``(A) Evaluation.--Not later than two years after
the date of enactment of the Protecting Children Act
and from time to time thereafter, the Secretary of
Health and Human Services shall evaluate whether
existing data collections capture and generate
sufficient representative data on work-related
illnesses and injuries sustained by employees under the
age of 18.
``(B) Leadership.--The Secretary of Health and
Human Services shall coordinate other Federal
departments or agencies and, to the extent feasible,
State agencies with data collection or research
programs to enhance data collection and research on
work-related illnesses and injuries sustained by
employees under the age of 18. The Secretary of Health
and Human Services shall advise the Secretary of Labor
on the effective design and implementation of relevant
elements of the statistical program of the Secretary
pursuant to this Act and section 24 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 673).
``(C) Supplemental research.--The Secretary of
Health and Human Services shall identify and from time
to time undertake such additional research as the
Secretary of Health and Human Services determines is
necessary to supplement existing data collections,
close knowledge gaps, and improve information about the
work-related illnesses and injuries sustained by
employees under the age of 18.
``(3) Hazardous occupations.--The Secretary of Health and
Human Services shall from time to time consult with the
Secretary of Labor in order to develop specific plans for such
research, demonstrations, and experiments as are necessary to
produce criteria enabling the Secretary to meet the Secretary's
responsibility for the formulation of hazardous occupation
orders under section 12. The Secretary of Health and Human
Services shall, on the basis of such research, demonstrations,
experiments, and any other information available, develop and
publish at least annually such criteria as will effectuate the
purposes of this Act. The Secretary of Health and Human
Services shall submit to the Secretary all pertinent criteria
regarding any such occupations or conditions or work as such
criteria are developed.
``(4) Precautionary guidance.--The Secretary of Health and
Human Services shall, on the basis of research, demonstrations,
and experiments, and any other information available to the
Secretary of Health and Human Services, develop criteria or
models to aid the Secretary in identifying conditions of
oppressive child labor in the absence of substantial data about
occupational risks specific to children.
``(5) Implementation support.--The Secretary of Health and
Human Services shall, in consultation with the Secretary of
Labor, undertake research relevant to developing evidence-based
guidance for the Secretary of Labor on the implementation of
this Act, including topics such as strategic enforcement,
effective training of employees under age 18, deterrence, and
assessment of the economic benefit of noncompliance.
``(6) Risk of exposure to oppressive child labor.--The
Secretary of Health and Human Services shall from time to time,
acting through the Director of the National Institute for
Occupational Safety and Health, consult with the leadership of
relevant Federal and State agencies and programs responsible
for the welfare, placement, or custody of children, in order to
develop specific plans for such research, demonstrations, and
experiments as are necessary to produce precautionary and
evidence-based guidance enabling the Secretary of Health and
Human Services and such other leaders to prevent children from
suffering conditions of oppressive child labor or being exposed
to the risk of oppressive child labor.
``(7) Authority.--In furtherance of the purposes of this
subsection, the Secretary of Health and Human Services shall
have the same authority as available to the Secretary of Health
and Human Services pursuant to sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 669-
671).''.
(c) OSH Act.--Section 20(a) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 669(a)) is amended--
(1) in paragraph (3), by striking ``his work experience''
and inserting ``such employee's work experience and exposures
of particular concern to the development of employees under the
age of 18''; and
(2) in paragraph (7)--
(A) by striking ``aging adults'' and inserting
``aging adults and employees under the age of 18''; and
(B) by adding at the end the following:
``(8) Model.--
``(A) In general.--Not later than the date that is
one year after the date enactment of the Protecting
Children Act, the Secretary of Health and Human
Services shall develop a model for estimating the total
incidence and economic burden of fatal and nonfatal
occupational injury and illness in the United States
that--
``(i) adjusts for known underreporting of
occupational injury and illness;
``(ii) estimates the incidence or
prevalence of occupational injuries and
illnesses from public health data through
attributable risk proportions or other standard
methodologies, and
``(iii) estimates both medical and indirect
costs, such as lost earnings, benefits, and
home production.
``(B) Annual report.--The Secretary of Health and
Human Services shall publish an annual report using the
model developed under subparagraph (A) that includes--
``(i) estimates of the total incidence and
economic burden of occupational illness and
injury;
``(ii) the proportion of the total economic
burden not absorbed by workers' compensation
insurance and shifted onto Federal programs
(such as the Medicare program under title XVIII
of the Social Security Act, the Medicaid
program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), and disability
insurance benefits under section 223 of the
Social Security Act (42 U.S.C. 423)); and
``(iii) the incidence of occupational
illness and injury by employees under the age
of 18, disaggregated, to the extent feasible,
by the age groups, occupational categories, and
school statuses that are relevant to the
administration, investigation, or enforcement
of the requirements relating to child labor
under sections 12 or 13(c) of the Fair Labor
Standards Act of 1938.''.
SEC. 402. DEVELOPING A COMPREHENSIVE STATISTICAL PROGRAM.
(a) FLSA.--Section 5 of the Fair Labor Standards Act of 1938 is
further amended by adding at the end the following:
``(d) Statistical Programs.--
``(1) In general.--In order to further the purposes of this
Act, the Secretary shall develop and maintain an effective
program of collection, compilation, and analysis of statistics
on employment practices with respect to wages, hours, child
labor, and other matters of concern for this Act, including
such employment practices that may constitute violations of
this Act. Such statistical program shall, to the extent
feasible, include demographic information about employees
subject to violations under this Act and facilitate comparisons
of information in such statistical program and in the
statistical program established pursuant to section 24 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 673).
``(2) Authority.--To carry out the Secretary's duties under
this subsection, the Secretary may exercise the same authority
available to the Secretary under section 24 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 673).
``(3) Child labor.--
``(A) Annual report.--The Secretary shall, not less
frequently than annually, publish a report of
statistical data covering--
``(i) the employment of children under the
age of 18, including the numbers of such
children and the hours worked, the demographics
of such children, in total and disaggregated by
the age groups, school statuses, and
occupational categories that are relevant to
the administration, investigation, or
enforcement of the requirements relating to
child labor under sections 12 or 13(c) of the
Fair Labor Standards Act of 1938;
``(ii) the incidence and prevalence of
oppressive child labor, including the number
and demographics of children affected, the
industries and occupations in which oppressive
child labor occurred, and the types of child
labor violations, based on enforcement data
and, to the extent feasible and in consultation
with the Secretary of Health and Human
Services, such other data as may be useful to
account for underreporting and limitations of
enforcement data in capturing the full
incidence and prevalence of oppressive child
labor; and
``(iii) to the extent feasible, estimates
of the data described in clauses (i) and (ii)
at the State level.
``(B) Data collection.--The Secretary shall
periodically develop targeted surveys or other data
collections relevant to determining the experience of
oppressive child labor by particularly vulnerable
populations, including migrant children and children in
poverty.
``(C) Coordination.--The Secretary shall coordinate
statistical programs across the Federal government that
collect data related to children to ensure that such
programs, to the extent practicable, shall collect and
report data on the employment of children, oppressive
child labor, and young workers' occupational illness
and injury in standardized and compatible terms.''.
(b) OSH.--Section 24(a) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 673(a)) is amended by adding at the end ``The
Secretary shall report such statistics on an annual basis. Such annual
report shall include the analysis of occupational illnesses, injuries,
and fatalities disaggregated (1) by relevant demographics, and (2) by
the age groups that are relevant to the administration, investigation,
or enforcement of the requirements relating to child labor under
sections 12 or 13(c) of the Fair Labor Standards Act of 1938, across
country of origin, race, and ethnicity.''.
SEC. 403. ENABLING TRAINING AND PUBLIC ENGAGEMENT.
(a) FLSA.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) is amended by inserting after section 18D (29 U.S.C. 218d) the
following:
``SEC. 18E. PUBLIC INFORMATION INITIATIVES.
``(a) Training and Engagement.--The Secretary shall, directly or by
grants or contracts, provide for the establishment and supervision of
programs for--
``(1) the education and training of employers and employees
in the recognition, avoidance, and prevention of violations of
this Act;
``(2) the education and training of professionals involved
in the placement, education, or delivery of other services to
children on identifying and responding to oppressive child
labor and incorporating into their activities knowledge about
risk factors for exposing children to oppressive child labor;
and
``(3) identification of potential violations of this Act
and support for victims of such violations.
``(b) Child Labor Report.--The Secretary shall publish an annual
report on oppressive child labor and the employment of children. Such
report, which may at the Secretary's discretion be consolidated with
any other report about the activities of the Secretary related to
children and employment, shall include--
``(1) a report of the Secretary's activities during the
preceding year implementing the provisions of this Act related
to child labor, including the number of directed
investigations;
``(2) trends or other relevant analysis of youth
employment, oppressive child labor, and the Secretary's
enforcement activities; and
``(3) an evaluation and appraisal of the protections
against oppressive child labor established by this Act,
together with the Secretary's recommendations to the Congress.
``(c) Enforcement Disclosure.--The Secretary shall publish, not
later than March 1 of each year, an annual statement of the capacity
available to the Secretary to enforce this Act, which shall include--
``(1) the size of the inspectorate available in the
preceding fiscal year to investigate and conduct enforcement
activities pursuant to this Act;
``(2) the number of establishments and employees subject to
the jurisdiction of this Act;
``(3) the ratio of inspectors to establishments and the
ratio of inspectors to employees;
``(4) historical trends in such ratios, including a
comparison of the most recent fiscal year to the years of the
lowest such ratios; and
``(5) illustrative metrics of enforcement capacity,
including the number of years necessary for the inspectorate
(based on the size of the inspectorate described in paragraph
(1)) to inspect every workplace in the Secretary's jurisdiction
under this Act at least once.''.
(b) OSHA.--
(1) Annual reports.--Section 20(d) of the Occupational
Safety and Health Act (29 U.S.C. 669(d)) is amended--
(A) by striking the first word and inserting the
following:
``Public Information Initiatives.--
``(1) In general.--Information''; and
(B) by adding at the end the following:
``(2) Young workers.--The Secretary shall produce an annual
report of occupational illness and injury specific to employees
under the age of 18. Such report, which may at the Secretary's
discretion be consolidated with any other report about the
activities of the Secretary related to children and employment,
shall include--
``(A) complaints and enforcement activities during
the preceding year involving employees under the age of
18;
``(B) statistics about occupational illness,
injury, and fatality suffered by such employees,
including the distribution by age group of such
illness, injury, and fatality across demographic
factors such as country of origin, race, and ethnicity;
``(C) reasonable estimates, informed by research
and in consultation with the Secretary of Health and
Human Services, of the incidence and prevalence of
occupational injury, illness, and fatality for such
employees, accounting for such factors as
underreporting and illness latency, and including
occupational illness likely to manifest after childhood
because of exposure to a toxic substance or harmful
physical agent during childhood employment;
``(D) trends or other relevant analysis of the
matters described in the preceding subparagraphs; and
``(E) an evaluation and appraisal of the
protections against occupational illness, injury, and
fatality provided to such employees established by this
Act, together with the Secretary's recommendations to
the Congress.
``(3) Enforcement disclosure.--The Secretary shall publish,
not later than March 1 of each year, an annual statement of the
capacity available to the Secretary to enforce this Act,
including the following:
``(A) the size of the inspectorate available in the
preceding fiscal year to investigate and conduct
enforcement activities pursuant to this Act;
``(B) the number of establishments and employees
subject to the jurisdiction of this Act;
``(C) the ratio of inspectors to establishments and
the ratio of inspectors to employees;
``(D) historical trends in such ratios, including a
comparison of the most recent fiscal year to the years
of the lowest such ratios;
``(E) to the extent feasible, such ratios for the
State plans; and
``(F) illustrative metrics of enforcement capacity,
including the number of years necessary for the
inspectorate (based on the size of the inspectorate
described in paragraph (1)) to inspect every workplace
in the Secretary's jurisdiction under this Act at least
once.''.
(2) Training and employee education.--Section 21 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 670) is
amended by adding at the end the following:
``(e) Effective Training Pedagogy.--The Secretary of Health and
Human Services shall, directly or by grant or contract, periodically
undertake research, demonstrations, experiments, and surveys relevant
to the effective design and delivery of safety and health training,
education, and information targeted to employees under the age of 18
and employers of such employees.''.
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