H.R. 3997

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3997 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 3997

To protect children from oppressive child labor and unsafe workplaces, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 12, 2025

Mr. Scott of Virginia (for himself, Ms. Omar, Ms. Bonamici, and Mr. 
McGarvey) introduced the following bill; which was referred to the 
Committee on Education and 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 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'';
(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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