119-hr3997

[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.''.
 <all>