[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4440 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4440

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2023

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Children Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
                     TITLE I--IMPROVING ENFORCEMENT

Sec. 101. Adjusting civil monetary penalties.
Sec. 102. Enhancing criminal penalties.
Sec. 103. Expanding use of hot goods injunctions.
Sec. 104. Enabling private enforcement.
          TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN

Sec. 201. Increasing expertise for protecting children from unsafe 
                            employment and oppressive child labor.
Sec. 202. Supporting implementation and interagency collaboration.
           TITLE III--UPDATING STANDARDS TO PROTECT CHILDREN

Sec. 301. Improving process for updating standards on conditions of 
                            oppressive child labor.
Sec. 302. Judicial review of rulemaking.
           TITLE IV--INCREASING RESEARCH AND PUBLIC EDUCATION

Sec. 401. Coordinating research on child labor.
Sec. 402. Developing a comprehensive statistical program.
Sec. 403. Enabling training and public engagement.

SEC. 3. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date that is 60 days after the date of enactment of this Act.

                     TITLE I--IMPROVING ENFORCEMENT

SEC. 101. ADJUSTING CIVIL MONETARY PENALTIES.

    (a) Oppressive Child Labor.--Section 16(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(e)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``not to exceed--'' and inserting 
                ``as follows:'';
                    (B) by moving the margins for clauses (i) and (ii) 
                4 ems to the left;
                    (C) in clause (i)--
                            (i) by striking ``$11,000'' and inserting 
                        ``Not more than $150,000 but not less than 
                        $1,500''; and
                            (ii) by striking ``violation; or'' and 
                        inserting ``violation, which penalty may be 
                        doubled where the violation is a repeated or 
                        willful violation.''; and
                    (D) in clause (ii), by striking ``$50,000'' and 
                inserting ``Not more than $700,000 but not less than 
                $7,000''; and
            (2) in paragraph (3), by striking ``charged and'' and 
        inserting ``charged, the economic benefit of noncompliance, 
        and''.
    (b) Unsafe Working Conditions.--
            (1) Structure and headers.--Section 17 of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 666) is amended--
                    (A) in subsection (a), by striking ``Any'' and 
                inserting the following:
    ``Civil Penalties.--
            ``(1) Base penalties.--
                    ``(A) Any'';
                    (B) by redesignating subsection (b) as subsection 
                (a)(1)(B);
                    (C) by redesignating subsection (d) as subsection 
                (a)(1)(C);
                    (D) by redesignating subsection (c) as subsection 
                (a)(1)(D);
                    (E) by redesignating subsection (i) as subsection 
                (a)(1)(E);
                    (F) in subsection (f), by striking ``Any'' and 
                inserting the following:
    ``Criminal Penalties.--
            ``(1) Any'';
                    (G) by redesignating subsection (f), as so amended, 
                as subsection (b);
                    (H) by redesignating subsections (g), (h), and (e) 
                as subsections (b)(2), (b)(3), and (b)(4) respectively; 
                and
                    (I) by redesignating subsections (j), (k), and (l) 
                as subsections (c), (d), and (e) respectively.
            (2) Penalty amounts.--Section 17(a)(1) of the Occupational 
        Safety and Health Act of 1970, as amended by paragraph (1), is 
        further amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``$70,000'' and 
                                inserting ``$700,000'';
                                    (II) by striking ``$5,000'' and 
                                inserting ``$50,000''; and
                                    (III) by striking the word 
                                ``willful'';
                            (ii) in subparagraph (B), by striking 
                        ``$7,000'' and inserting ``$70,000, but not 
                        less than $7,000,''; and
                            (iii) in subparagraph (C), by striking 
                        ``$7,000'' and inserting ``$70,000, but not 
                        less than $7,000,''; and
                    (B) by adding at the end the following:
            ``(2) Enhancements.--
                    ``(A) Young workers.--If any significant violation 
                caused or contributed to serious physical harm to an 
                employee under 18 years of age, the minimum and maximum 
                civil penalty otherwise allowed by paragraph (1) shall 
                be doubled for each such violation.
                    ``(B) Fatalities.--If any significant violation 
                caused or contributed to the death of an employee--
                            ``(i) the minimum and maximum civil penalty 
                        otherwise allowed by paragraph (1) shall be 
                        doubled for each such violation; and
                            ``(ii) in a case in which such employee was 
                        under 18 years of age, such civil penalty shall 
                        be trebled for each such violation.''.
            (3) Considerations for penalty levels.--Section 17(c) of 
        the Occupational Safety and Health Act of 1970, as redesignated 
        by paragraph (1), is further amended--
                    (A) by striking the first word and inserting 
                ``Assessment of Penalties.--The''; and
                    (B) by striking ``and the history'' and inserting 
                ``the economic benefit of noncompliance, and the 
                history''.
            (4) Definition.--Section 17(d) of the Occupational Safety 
        and Health Act of 1970, as redesignated by paragraph (1), is 
        further amended--
                    (A) by striking ``For purposes of this section, 
                the'' and inserting the following:
    ``Definitions.--For purposes of this section--
            ``(1) Serious.--The''; and
                    (B) by adding at the end the following:
            ``(2) Significant.--The term `significant violation' 
        means--
                    ``(A) a serious, willful, or repeated violation;
                    ``(B) a failure to correct, as described in 
                paragraph (1)(C), where the underlying violation was a 
                serious, willful, or repeated violation.''.

SEC. 102. ENHANCING CRIMINAL PENALTIES.

    (a) Oppressive Child Labor.--Section 16(a) of the Fair Labor 
Standards Act (29 U.S.C. 216(a)) is amended--
            (1) by striking the first word and inserting the following:
    ``Criminal Penalties.--
            ``(1) In general.--Except as provided in paragraph 2, 
        any'';
            (2) by striking the word ``subsection'' each place it 
        appears and inserting the word ``paragraph''; and
            (3) by adding at the end the following:
            ``(2) Oppressive child labor.--
                    ``(A) Negligence with respect to a child.--Any 
                person who knowingly or willfully violates section 
                15(a)(4) of this Act and thereby negligently places an 
                employee employed in violation of such section in 
                imminent danger of death or serious bodily injury shall 
                be punished by a fine under title 18, United States 
                Code, or by imprisonment for not more than 1 year, or 
                both. If a conviction of any person under this 
                subparagraph is for a violation committed after a first 
                conviction of such person under this paragraph, the 
                maximum punishment shall be doubled with respect to 
                both the fine and imprisonment.
                    ``(B) Knowing violation with respect to a child.--
                Any person who knowingly or willfully violates section 
                15(a)(4) of this Act and thereby knowingly places an 
                employee employed in violation of such section in 
                imminent danger of death or serious bodily injury shall 
                be punished by a fine under title 18, United States 
                Code, or by imprisonment of not more than 15 years, or 
                both. Any person, other than an individual, committing 
                such violation shall, upon conviction under this 
                subparagraph, be subject to a fine of not more than 
                $5,000,000 for each violation. If a conviction of any 
                person under this subparagraph is for a violation 
                committed after a first conviction of such person under 
                this paragraph, the maximum punishment shall be doubled 
                with respect to both the fine and imprisonment.
                    ``(C) Cause of death to a child.--Any person who 
                knowingly or willfully violates section 15(a)(4) of 
                this Act and thereby knowingly places an employee 
                employed in violation of such section in imminent 
                danger of death or serious bodily injury, and such 
                violation results in the death of a child, shall be 
                punished by a fine under title 18, United States Code, 
                and imprisonment for any term of years or for life. Any 
                person, other than an individual, committing such 
                violation shall, upon conviction under this 
                subparagraph, be subject to a fine of not more than 
                $10,000,000 for each violation. If a conviction of any 
                person under this subparagraph is for a violation 
                committed after a first conviction of such person under 
                this paragraph, the maximum punishment shall be doubled 
                with respect to both the fine and imprisonment.''.
    (b) Unsafe Working Conditions.--Section 17(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666(b)), as so amended and 
redesignated by this Act, is further amended--
            (1) in paragraph (1), by striking ``of not more'' and all 
        that follows and inserting ``under title 18, imprisonment for 
        not more than 5 years, or both. If a conviction of any person 
        under this paragraph is for a violation committed after a first 
        conviction of such person under this paragraph, the maximum 
        punishment shall be doubled with respect to both the fine and 
        imprisonment.'';
            (2) in paragraph (2), by striking ``of not more'' and all 
        that follows and inserting ``under title 18, imprisonment for 
        not more than 5 years, or both. If a conviction of any person 
        under this paragraph is for a violation committed after a first 
        conviction of such person under this paragraph, the maximum 
        punishment shall be doubled with respect to both the fine and 
        imprisonment.''; and
            (3) by amending paragraph (4) to read as follows:
            ``(4) Imminent danger or death.--
                    ``(A) Any employer who negligently violates any 
                standard, rule, or order promulgated pursuant to 
                section 6 of this Act, or of any regulations prescribed 
                pursuant to this Act, and thereby negligently places an 
                employee in imminent danger of death or serious bodily 
                injury, shall be punished by a fine under title 18, 
                United States Code, imprisonment for not more than one 
                year, or both. If a conviction of any person under this 
                paragraph is for a violation committed after a first 
                conviction of such person under this paragraph, the 
                maximum punishment shall be doubled with respect to 
                both the fine and imprisonment.
                    ``(B) Any employer who knowingly or willfully 
                violates any standard, rule, or order promulgated 
                pursuant to section 6 of this Act, or of any 
                regulations prescribed pursuant to this Act, and in so 
                doing places an employee in imminent danger of death or 
                serious bodily injury, shall be punished by a fine 
                under title 18, United States Code, imprisonment for 
                not more than 15 years, or both. Any person, other than 
                an individual, committing such violation shall, upon 
                conviction under this paragraph, be subject to a fine 
                of not more than $5,000,000 for each violation. If a 
                conviction of any person under this paragraph is for a 
                violation committed after a first conviction of such 
                person under this paragraph, the maximum punishment 
                shall be doubled with respect to both the fine and 
                imprisonment.
                    ``(C) Any employer who knowingly or willfully 
                violates any standard, rule, or order promulgated 
                pursuant to section 6 of this Act, or of any 
                regulations prescribed pursuant to this Act, and such 
                violation causes the death of an employee, shall be 
                punished by a fine under title 18, United States Code, 
                and imprisonment for any term of years or for life. Any 
                person, other than an individual, committing such 
                violation shall, upon conviction under this paragraph, 
                be subject to a fine of not more than $10,000,000 for 
                each violation. If a conviction of any person under 
                this paragraph is for a violation committed after a 
                first conviction of such person under this paragraph, 
                the maximum punishment shall be doubled with respect to 
                both the fine and imprisonment.
            ``(5) Endangerment of young workers.--The maximum 
        punishment otherwise prescribed by paragraph 4 shall be doubled 
        with respect to both the fine and imprisonment for each 
        violation that puts an employee under the age of 18 in imminent 
        danger of death or serious bodily injury or causes the death of 
        such employee, as the case may be.''.

SEC. 103. EXPANDING USE OF HOT GOODS INJUNCTIONS.

    Section 12(a) of the Fair Labor Standards Act (29 U.S.C. 212(a)) is 
amended--
            (1) by striking the first word and inserting the following:
    ``Shipment of Goods.--
            ``(1) In general.--No'';
            (2) by striking ``thirty'' and inserting ``ninety'';
            (3) by striking the colon after ``employed'' and inserting 
        a period;
            (4) by striking ``Provided, That any'' and inserting the 
        following:
            ``(2) Good faith.--Any'';
            (5) by striking the colon after ``prohibited by this 
        subsection'' and inserting a period; and
            (6) by striking ``And provided further, That a'' and 
        inserting the following:
            ``(3) Prosecution and conviction.--A''.

SEC. 104. ENABLING PRIVATE ENFORCEMENT.

    Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216(b)) is amended as follows:
            (1) Structure and headers.--
                    (A) In the first sentence, by striking the first 
                word and inserting the following:
    ``Private Enforcement.--
            ``(1) Remedies.--
                    ``(A) Minimum wages and overtime.--Any''.
                    (B) In the second sentence, by striking the first 
                word and inserting the following:
                    ``(B) Fair employment practices.--Any''.
                    (C) In the third sentence, by striking the first 
                word and inserting the following:
                    ``(C) Tips.--Any''.
                    (D) In the fourth sentence, by striking the first 
                word and inserting the following:
            ``(2) Right of action.--
                    ``(A) In general.--An''.
                    (E) In the fifth sentence, by striking the first 
                word and inserting the following:
                    ``(B) Collective action.--No''.
                    (F) In the sixth sentence, by striking the first 
                word and inserting the following:
                    ``(C) Fees and costs.--The''.
                    (G) In the last sentence, by striking the first 
                word and inserting the following:
            ``(3) Actions by the secretary.--The''.
            (2) New right of action.--In paragraph (1), as amended by 
        the previous paragraph, by adding at the end the following:
                    ``(D) Child labor.--Any employer who violates 
                section 12 shall, if any child is harmed as a result of 
                such violation, be liable to the child affected for 
                compensatory and punitive damages.''.

          TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN

SEC. 201. INCREASING EXPERTISE FOR PROTECTING CHILDREN FROM UNSAFE 
              EMPLOYMENT AND OPPRESSIVE CHILD LABOR.

    (a) Establishment of Advisory Committee.--The Fair Labor Standards 
Act of 1938 (29 U.S.C. 204), as amended by title I of this Act, is 
further amended by inserting after section 4 the following new section:

``SEC. 4A. ADMINISTRATION OF CHILD LABOR PROVISIONS.

    ``(a) National Advisory Committee on Child Labor.--
            ``(1) Establishment.--There is hereby established a 
        National Advisory Committee on Child Labor, which shall advise, 
        consult with, and make recommendations to the Secretary of 
        Labor and the Secretary of Health and Human Services on matters 
        relating to--
                    ``(A) oppressive child labor;
                    ``(B) preventing children, including vulnerable 
                children, from being exposed to oppressive child labor; 
                and
                    ``(C) protecting children's health, safety, and 
                welfare with regard to employment.
            ``(2) Members.--
                    ``(A) Appointment.--The Advisory Committee shall 
                consist of 15 members appointed by the Secretary of 
                Labor, five of whom are to be designated in 
                consultation with the Secretary of Health and Human 
                Services (acting through the Director of the National 
                Institute for Occupational Safety and Health), without 
                regard to the provisions of title 5, United States 
                Code, governing appointments in the competitive 
                service.
                    ``(B) Qualification.--The members shall be selected 
                upon the basis of their experience and competence in 
                the field of occupational safety and health, child 
                welfare, labor trafficking, and child labor.
                    ``(C) Composition.--The membership of the Advisory 
                Committee shall consist of qualified persons from 
                Federal agencies, the States, and private life, 
                including the following:
                            ``(i) one or more representatives of State 
                        agencies focused on occupational safety and 
                        health established pursuant to section 18 of 
                        the Occupational Safety and Health Act of 1970 
                        (29 U.S.C. 667);
                            ``(ii) one or more persons qualified by 
                        experience and affiliation to present the 
                        viewpoint of the employers involved, and one or 
                        more persons similarly qualified to present the 
                        viewpoint of the workers involved, provided 
                        that the number of persons presenting employer 
                        viewpoints is equal to the number of persons 
                        presenting workers' viewpoints; and
                            ``(iii) such other persons as the Secretary 
                        may appoint who are qualified by knowledge and 
                        experience to make a useful contribution to the 
                        work of the Advisory Committee, provided that 
                        the number of persons so appointed shall not 
                        exceed the number appointed as representatives 
                        of Federal and State agencies.
                    ``(D) Conflicts of interest.--No member of the 
                Advisory Committee (other than representatives of 
                employers and employees) shall have an economic 
                interest in any proposed rule, order, or recommendation 
                for rule or order.
                    ``(E) Leadership.--The Secretary shall designate 
                one of the public members as Chairperson.
                    ``(F) Compensation.--Members of the Advisory 
                Committee appointed from private life shall be 
                compensated in the same manner as consultants or 
                experts under section 3109 of title 5, United States 
                Code. The Secretary shall pay to any State which is the 
                employer of a member of the Advisory Committee who is a 
                representative of the occupational safety and health or 
                child welfare agency of that State, reimbursement 
                sufficient to cover the actual cost to the State 
                resulting from such representative's membership on the 
                Advisory Committee.
                    ``(G) Continuity.--A member of the Advisory 
                Committee who is otherwise qualified may continue to 
                serve until a successor is appointed.
            ``(3) Resources.--The Secretary shall furnish to the 
        Advisory Committee an executive secretary and such secretarial, 
        clerical, and other services as are deemed necessary to the 
        conduct of its business.
            ``(4) Meetings.--The Advisory Committee shall hold no fewer 
        than two meetings during each calendar year. All meetings of 
        the Advisory Committee shall be open to the public and a 
        transcript shall be kept and made available for public 
        inspection.''.
    (b) Definition.--Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the following new 
paragraph:
    ``(z) `Advisory Committee' means the National Advisory Committee on 
Child Labor established under section 4A(a).''.

SEC. 202. SUPPORTING IMPLEMENTATION AND INTERAGENCY COLLABORATION.

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

           TITLE III--UPDATING STANDARDS TO PROTECT CHILDREN

SEC. 301. IMPROVING PROCESS FOR UPDATING STANDARDS ON CONDITIONS OF 
              OPPRESSIVE CHILD LABOR.

    (a) Rulemaking Policies.--
            (1) Permitted work.--
                    (A) In general.--Section 12 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 212) is amended by 
                adding at the end the following:
    ``(e) Children's Welfare.--''.
                    (B) Transfer amendment.--The last sentence of 
                section 3(l) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 203(l)) is--
                            (i) transferred to subsection (e) of 
                        section 12 of such Act (29 U.S.C. 212); and
                            (ii) inserted so as to appear after the 
                        subsection heading of such section 12.
            (2) Hazardous occupations.--Section 12 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 212) is further amended by 
        adding at the end the following:
    ``(f) Hazardous Occupations.--
            ``(1) Periodic review.--The Secretary shall periodically 
        review the hazardous occupation orders promulgated by the 
        Secretary to determine if, to more adequately protect children 
        from oppressive child labor, a new hazardous occupation order 
        should be promulgated, or an update to an existing such order 
        should be promulgated.
            ``(2) Considerations.--In determining the need for 
        promulgating a new hazardous occupation order or promulgating 
        an update to an existing such order, the Secretary shall--
                    ``(A) place preeminent value on assuring the 
                safety, health, and well-being of children;
                    ``(B) take into consideration the vulnerable, 
                formative, and malleable nature of childhood and 
                adolescence, which requires a higher standard of 
                protection for children than that accorded to adults;
                    ``(C) adopt any reasonable precautionary 
                assumptions necessary to prevent children from being 
                exposed in the workplace to hazards that may reasonably 
                be anticipated to cause serious illness or injury, 
                disability, premature mortality, or long-term health 
                effects (including exposure to any substance which is 
                known or may reasonably be anticipated to be 
                carcinogenic, mutagenic, teratogenic, neurotoxic, 
                reprotoxic, or asthmagenic); and
                    ``(D) take into consideration any--
                            ``(i) recommendations provided under 
                        paragraph (3) of this section by the Advisory 
                        Committee or the Secretary of Health and Human 
                        Services provided under paragraph (3) of this 
                        subsection; and
                            ``(ii) any information provided under 
                        subsection (g).
            ``(3) Recommendations for orders.--
                    ``(A) Advisory committee.--
                            ``(i) In general.--In a case in which the 
                        Secretary determines that expert advice is 
                        needed to aid the Secretary's decision whether 
                        to promulgate a new hazardous occupation order 
                        (or an update to such an existing order), the 
                        Secretary--
                                    ``(I) may request the Advisory 
                                Committee to submit its recommendations 
                                to the Secretary relating to the 
                                proposed or existing order; and
                                    ``(II) in a case in which the 
                                Secretary requests recommendations 
                                pursuant to subclause (I), shall 
                                provide the Advisory Committee with--
                                            ``(aa) any proposals 
                                        developed by the Secretary or 
                                        by the Secretary of Health and 
                                        Human Services relating to the 
                                        proposed or existing order with 
                                        respect to which the Secretary 
                                        is requesting recommendations; 
                                        and
                                            ``(bb) all pertinent 
                                        factual information developed 
                                        by the Secretary or the 
                                        Secretary of Health and Human 
                                        Services, including any 
                                        applicable information provided 
                                        under subparagraph (B) or 
                                        otherwise available.
                            ``(ii) Submission of recommendations.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Advisory Committee 
                                shall submit to the Secretary its 
                                recommendations relating to an existing 
                                or proposed order not later than 90 
                                days after the date of the Committee's 
                                receipt of such request from the 
                                Secretary relating to such order.
                                    ``(II) Exceptions.--The Secretary 
                                may prescribe a period for the 
                                submission of recommendations by the 
                                Advisory Committee under subclause (I) 
                                relating to an existing or proposed 
                                order that is longer or shorter than 
                                the 90-day period referred to in 
                                subclause (I), except that such period 
                                may not exceed 180 days after the date 
                                of the Committee's receipt of the 
                                request for recommendations relating to 
                                such order.
                            ``(iii) Receipt of recommendations.--In the 
                        case in which the Advisory Committee recommends 
                        the promulgation of a new order (or an update 
                        to an existing order), the Secretary shall, not 
                        later than 90 days after submission of such 
                        recommendation by the Advisory Committee or the 
                        expiration of the period prescribed by the 
                        Secretary for such submission--
                                    ``(I) promulgate pursuant to 
                                paragraph (4) such order (or update) in 
                                a manner consistent with such 
                                recommendations; or
                                    ``(II) publish such recommendations 
                                in the Federal Register along with a 
                                detailed and substantive statement of 
                                the Secretary's reasons for not 
                                promulgating the new order or update.
                    ``(B) NIOSH criteria.--In a case in which the 
                Secretary of Health and Human Services (acting through 
                the Director of the National Institute for Occupational 
                Safety and Health) recommends (accompanied by 
                appropriate criteria) the promulgation of a new 
                hazardous occupation order (or an update to an existing 
                such order) by the Secretary of Labor, the Secretary of 
                Labor shall, not later than 180 days after receiving 
                such recommendation--
                            ``(i) refer such recommendation to the 
                        Advisory Committee pursuant to paragraph (3) 
                        and carry out applicable requirements of such 
                        paragraph;
                            ``(ii) promulgate pursuant to paragraph (4) 
                        such order (or update) in a manner consistent 
                        with the recommendation provided under this 
                        subparagraph; or
                            ``(iii) publish such recommendation in the 
                        Federal Register along with a detailed and 
                        substantive statement of the Secretary's 
                        reasons for not promulgating the new order (or 
                        update).
            ``(4) Procedures.--
                    ``(A) In general.--The Secretary shall, when acting 
                on the Secretary's own initiative or in response to a 
                recommendation by the Advisory Committee or Secretary 
                of Health and Human Services, promulgate any hazardous 
                occupation order (including an update to an existing 
                such order) in accordance with this paragraph and in 
                accordance with section 553 of title 5, United States 
                Code (without regard to any reference in such section 
                to sections 556 and 557 of such title).
                    ``(B) Comment.--When publishing a proposed order 
                pursuant to this paragraph, the Secretary shall afford 
                interested persons a period of 60 days after such 
                publication to submit written data or comments on the 
                order. Such comment period may be extended by the 
                Secretary for good cause but in any event shall last no 
                more than 120 days.
                    ``(C) Transparency.--For any rulemaking notice 
                pursuant to this paragraph, the Secretary shall place 
                in the public record not later than the date of such 
                rulemaking notice the following:
                            ``(i) The drafts of such rulemakings 
                        prepared before publication and submitted by 
                        the Secretary to the Office of Management and 
                        Budget for any interagency review process prior 
                        to publication.
                            ``(ii) A summary of the substance of any 
                        changes between the text of the draft 
                        rulemaking that the agency provided to the 
                        Office of Management and Budget under section 
                        6(a)(3)(B)(i) of Executive Order 12,866 and the 
                        text published in the Federal Register, 
                        excluding any non-substantive changes such as 
                        spelling or grammatical corrections or re-
                        ordering of text that has no legal effect.
                            ``(iii) A statement identifying any party 
                        or entity at whose request any such change was 
                        made.
            ``(5) Effect.--A hazardous occupation order or any update 
        to such an order shall become effective upon promulgation, 
        except that the Secretary may include a reasonable delay in the 
        effective date.
    ``(g) Authoritative Expertise.--When promulgating any order 
pursuant to this section, the Secretary may adopt, rely on, or presume 
to be the best available evidence of children's health, safety, and 
well-being or conditions of work particularly hazardous to children, 
any recommendation, finding, assessment, or research by the National 
Institute for Occupational Safety and Health, the National Academies of 
Science, Engineering, and Medicine, the National Toxicology Program, 
the Integrated Risk Information System of the Environmental Protection 
Agency, or the International Agency for Research on Cancer.
    ``(h) Hazardous Occupation Order Defined.--In this section, the 
term `hazardous occupation order' means any rule, regulation, or order 
promulgated pursuant to subsection (f)(4) by the Secretary that deems 
one or more occupations or working conditions as oppressive child labor 
due to the determination by the Secretary that such occupations or 
working conditions are particularly hazardous for the employment of 
children of certain ages or detrimental to the health and well-being of 
children.''.
            (3) Preventing rollbacks of child labor standards.--Section 
        12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is 
        further amended further by adding at the end the following:
    ``(i) Maintaining Protection.--No order, rule, or regulation 
promulgated pursuant to subsections (e) or (f) shall reduce the 
protection afforded children by an existing order, rule, or regulation 
promulgated under this Act.''.

SEC. 302. JUDICIAL REVIEW OF RULEMAKING.

    Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) 
is amended to read as follows:

``SEC. 10. JUDICIAL REVIEW.

    ``(a) Filing of Petition.--Any person who may be adversely affected 
by an order, rule, or regulation pursuant to this Act may file a 
petition for review of such order, rule, or regulation with the United 
States court of appeals for the circuit where such person resides, 
where the principal place of business of such person is located, or in 
the United States Court of Appeals for the District of Columbia. The 
filing of a petition for review of any order, rule, or regulation under 
this section shall not operate as a stay of such order, rule, or 
regulation.
    ``(b) Timely Filing.--Any petition for review under this section 
shall be filed not later than sixty days after the date on which there 
is notice of the rulemaking with respect to such order, rule, or 
regulation in the Federal Register.
    ``(c) Not Subject to Subsequent Review.--Action of the Secretary 
with respect to which review could have been obtained under this 
section shall not be subject to judicial review in civil or criminal 
proceedings for enforcement.''.

           TITLE IV--INCREASING RESEARCH AND PUBLIC EDUCATION

SEC. 401. COORDINATING RESEARCH ON CHILD LABOR.

    (a) Research and Related Activities.--
            (1) In general.--The Fair Labor Standards Act of 1938 (29 
        U.S.C. 201 et seq.) is amended by inserting after section 4 (29 
        U.S.C. 204) the following:

``SEC. 5. RESEARCH AND RELATED ACTIVITIES.'';

            (2) Special exemptions relating to child labor.--Paragraph 
        (2) of section 4(d) of such Act is--
                    (A) transferred to section 5 of such Act;
                    (B) inserted so as to appear after the section 
                heading;
                    (C) redesignated as subsection (a) of such section 
                5; and
                    (D) amended--
                            (i) by striking the first word and 
                        inserting ``Periodic Review of Exemptions.--
                        The''; and
                            (ii) by striking ``January 1, 1976'' and 
                        inserting ``five years after the effective date 
                        of the Protecting Children Act and shall update 
                        such studies and such report every ten years 
                        thereafter''; and
            (3) Studies on preventing curtailment of employment 
        opportunities for manpower groups.--Paragraph (3) of section 
        4(d) of such Act is--
                    (A) transferred to section 5 of such Act;
                    (B) inserted so as to appear after subsection (a) 
                of such section 5, as amended by paragraph (2);
                    (C) redesignated as subsection (b) of such section 
                5; and
                    (D) amended by striking the first word and 
                inserting ``Employment Opportunity.--The''.
            (4) Conforming amendment.--Subsection (d) of section 4 of 
        such Act is further amended--
                    (A) by striking ``(d)(1) The Secretary shall 
                submit'' and inserting the following:
    ``(d) Biennial Report.--The Secretary shall submit''.
    (b) National Research Agenda on Child Labor.--Section 5 of the Fair 
Labor Standards Act of 1938 is further amended by adding at the end the 
following:
    ``(c) National Research Agenda on Child Labor.--
            ``(1) In general.--The Secretary of Health and Human 
        Services (acting through the Director of the National Institute 
        for Occupational Safety and Health), after consultation with 
        the Secretary of Labor and with other appropriate Federal 
        departments or agencies, shall conduct (directly or by grants 
        or contracts) research, experiments, and demonstrations 
        relating to oppressive child labor, the occupational safety and 
        health of young workers, and the exposure or risk of such 
        exposure of vulnerable children to oppressive child labor, 
        including innovative methods, techniques, and approaches for 
        preventing oppressive child labor, research relevant to 
        strategic enforcement of the child labor provisions of this 
        Act, surveillance of occupational illnesses and injuries for 
        young workers, and identification of conditions of work that 
        are particularly hazardous to children or harmful to their 
        health and well-being.
            ``(2) Tracking work-related injury and illness.--The 
        Secretary of Health and Human Services shall, in coordination 
        with the Secretary of Labor, develop a comprehensive plan for 
        monitoring work-related illnesses and injuries sustained by 
        employees under the age of 18 and for monitoring the hazards to 
        which such employees are exposed. Such plan shall include the 
        following:
                    ``(A) Evaluation.--Not later than two years after 
                the date of enactment of the Protecting Children Act 
                and from time to time thereafter, the Secretary of 
                Health and Human Services shall evaluate whether 
                existing data collections capture and generate 
                sufficient representative data on work-related 
                illnesses and injuries sustained by employees under the 
                age of 18.
                    ``(B) Leadership.--The Secretary of Health and 
                Human Services shall coordinate other Federal 
                departments or agencies and, to the extent feasible, 
                State agencies with data collection or research 
                programs to enhance data collection and research on 
                work-related illnesses and injuries sustained by 
                employees under the age of 18. The Secretary of Health 
                and Human Services shall advise the Secretary of Labor 
                on the effective design and implementation of relevant 
                elements of the statistical program of the Secretary 
                pursuant to this Act and section 24 of the Occupational 
                Safety and Health Act of 1970 (29 U.S.C. 673).
                    ``(C) Supplemental research.--The Secretary of 
                Health and Human Services shall identify and from time 
                to time undertake such additional research as the 
                Secretary of Health and Human Services determines is 
                necessary to supplement existing data collections, 
                close knowledge gaps, and improve information about the 
                work-related illnesses and injuries sustained by 
                employees under the age of 18.
            ``(3) Hazardous occupations.--The Secretary of Health and 
        Human Services shall from time to time consult with the 
        Secretary of Labor in order to develop specific plans for such 
        research, demonstrations, and experiments as are necessary to 
        produce criteria enabling the Secretary to meet the Secretary's 
        responsibility for the formulation of hazardous occupation 
        orders under section 12. The Secretary of Health and Human 
        Services shall, on the basis of such research, demonstrations, 
        experiments, and any other information available, develop and 
        publish at least annually such criteria as will effectuate the 
        purposes of this Act. The Secretary of Health and Human 
        Services shall submit to the Secretary all pertinent criteria 
        regarding any such occupations or conditions or work as such 
        criteria are developed.
            ``(4) Precautionary guidance.--The Secretary of Health and 
        Human Services shall, on the basis of research, demonstrations, 
        and experiments, and any other information available to the 
        Secretary of Health and Human Services, develop criteria or 
        models to aid the Secretary in identifying conditions of 
        oppressive child labor in the absence of substantial data about 
        occupational risks specific to children.
            ``(5) Implementation support.--The Secretary of Health and 
        Human Services shall, in consultation with the Secretary of 
        Labor, undertake research relevant to developing evidence-based 
        guidance for the Secretary of Labor on the implementation of 
        this Act, including topics such as strategic enforcement, 
        effective training of employees under age 18, deterrence, and 
        assessment of the economic benefit of noncompliance.
            ``(6) Risk of exposure to oppressive child labor.--The 
        Secretary of Health and Human Services shall from time to time, 
        acting through the Director of the National Institute for 
        Occupational Safety and Health, consult with the leadership of 
        relevant Federal and State agencies and programs responsible 
        for the welfare, placement, or custody of children, in order to 
        develop specific plans for such research, demonstrations, and 
        experiments as are necessary to produce precautionary and 
        evidence-based guidance enabling the Secretary of Health and 
        Human Services and such other leaders to prevent children from 
        suffering conditions of oppressive child labor or being exposed 
        to the risk of oppressive child labor.
            ``(7) Authority.--In furtherance of the purposes of this 
        subsection, the Secretary of Health and Human Services shall 
        have the same authority as available to the Secretary of Health 
        and Human Services pursuant to sections 20, 21, and 22 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 669-
        671).''.
    (c) OSH Act.--Section 20(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 669(a)) is amended--
            (1) in paragraph (3), by striking ``his work experience'' 
        and inserting ``such employee's work experience and exposures 
        of particular concern to the development of employees under the 
        age of 18''; and
            (2) in paragraph (7)--
                    (A) by striking ``aging adults'' and inserting 
                ``aging adults and employees under the age of 18''; and
                    (B) by adding at the end the following:
            ``(8) Model.--
                    ``(A) In general.--Not later than the date that is 
                one year after the date enactment of the Protecting 
                Children Act, the Secretary of Health and Human 
                Services shall develop a model for estimating the total 
                incidence and economic burden of fatal and nonfatal 
                occupational injury and illness in the United States 
                that--
                            ``(i) adjusts for known underreporting of 
                        occupational injury and illness;
                            ``(ii) estimates the incidence or 
                        prevalence of occupational injuries and 
                        illnesses from public health data through 
                        attributable risk proportions or other standard 
                        methodologies, and
                            ``(iii) estimates both medical and indirect 
                        costs, such as lost earnings, benefits, and 
                        home production.
                    ``(B) Annual report.--The Secretary of Health and 
                Human Services shall publish an annual report using the 
                model developed under subparagraph (A) that includes--
                            ``(i) estimates of the total incidence and 
                        economic burden of occupational illness and 
                        injury;
                            ``(ii) the proportion of the total economic 
                        burden not absorbed by workers' compensation 
                        insurance and shifted onto Federal programs 
                        (such as the Medicare program under title XVIII 
                        of the Social Security Act, the Medicaid 
                        program under title XIX of the Social Security 
                        Act (42 U.S.C. 1396 et seq.), and disability 
                        insurance benefits under section 223 of the 
                        Social Security Act (42 U.S.C. 423)); and
                            ``(iii) the incidence of occupational 
                        illness and injury by employees under the age 
                        of 18, disaggregated, to the extent feasible, 
                        by the age groups, occupational categories, and 
                        school statuses that are relevant to the 
                        administration, investigation, or enforcement 
                        of the requirements relating to child labor 
                        under sections 12 or 13(c) of the Fair Labor 
                        Standards Act of 1938.''.

SEC. 402. DEVELOPING A COMPREHENSIVE STATISTICAL PROGRAM.

    (a) FLSA.--Section 5 of the Fair Labor Standards Act of 1938 is 
further amended by adding at the end the following:
    ``(d) Statistical Programs.--
            ``(1) In general.--In order to further the purposes of this 
        Act, the Secretary shall develop and maintain an effective 
        program of collection, compilation, and analysis of statistics 
        on employment practices with respect to wages, hours, child 
        labor, and other matters of concern for this Act, including 
        such employment practices that may constitute violations of 
        this Act. Such statistical program shall, to the extent 
        feasible, include demographic information about employees 
        subject to violations under this Act and facilitate comparisons 
        of information in such statistical program and in the 
        statistical program established pursuant to section 24 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 673).
            ``(2) Authority.--To carry out the Secretary's duties under 
        this subsection, the Secretary may exercise the same authority 
        available to the Secretary under section 24 of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 673).
            ``(3) Child labor.--
                    ``(A) Annual report.--The Secretary shall, not less 
                frequently than annually, publish a report of 
                statistical data covering--
                            ``(i) the employment of children under the 
                        age of 18, including the numbers of such 
                        children and the hours worked, the demographics 
                        of such children, in total and disaggregated by 
                        the age groups, school statuses, and 
                        occupational categories that are relevant to 
                        the administration, investigation, or 
                        enforcement of the requirements relating to 
                        child labor under sections 12 or 13(c) of the 
                        Fair Labor Standards Act of 1938;
                            ``(ii) the incidence and prevalence of 
                        oppressive child labor, including the number 
                        and demographics of children affected, the 
                        industries and occupations in which oppressive 
                        child labor occurred, and the types of child 
                        labor violations, based on enforcement data 
                        and, to the extent feasible and in consultation 
                        with the Secretary of Health and Human 
                        Services, such other data as may be useful to 
                        account for underreporting and limitations of 
                        enforcement data in capturing the full 
                        incidence and prevalence of oppressive child 
                        labor; and
                            ``(iii) to the extent feasible, estimates 
                        of the data described in clauses (i) and (ii) 
                        at the State level.
                    ``(B) Data collection.--The Secretary shall 
                periodically develop targeted surveys or other data 
                collections relevant to determining the experience of 
                oppressive child labor by particularly vulnerable 
                populations, including migrant children and children in 
                poverty.
                    ``(C) Coordination.--The Secretary shall coordinate 
                statistical programs across the Federal government that 
                collect data related to children to ensure that such 
                programs, to the extent practicable, shall collect and 
                report data on the employment of children, oppressive 
                child labor, and young workers' occupational illness 
                and injury in standardized and compatible terms.''.
    (b) OSH.--Section 24(a) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 673(a)) is amended by adding at the end ``The 
Secretary shall report such statistics on an annual basis. Such annual 
report shall include the analysis of occupational illnesses, injuries, 
and fatalities disaggregated (1) by relevant demographics, and (2) by 
the age groups that are relevant to the administration, investigation, 
or enforcement of the requirements relating to child labor under 
sections 12 or 13(c) of the Fair Labor Standards Act of 1938, across 
country of origin, race, and ethnicity.''.

SEC. 403. ENABLING TRAINING AND PUBLIC ENGAGEMENT.

    (a) FLSA.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) is amended by inserting after section 18D (29 U.S.C. 218d) the 
following:

``SEC. 18E. PUBLIC INFORMATION INITIATIVES.

    ``(a) Training and Engagement.--The Secretary shall, directly or by 
grants or contracts, provide for the establishment and supervision of 
programs for--
            ``(1) the education and training of employers and employees 
        in the recognition, avoidance, and prevention of violations of 
        this Act;
            ``(2) the education and training of professionals involved 
        in the placement, education, or delivery of other services to 
        children on identifying and responding to oppressive child 
        labor and incorporating into their activities knowledge about 
        risk factors for exposing children to oppressive child labor; 
        and
            ``(3) identification of potential violations of this Act 
        and support for victims of such violations.
    ``(b) Child Labor Report.--The Secretary shall publish an annual 
report on oppressive child labor and the employment of children. Such 
report, which may at the Secretary's discretion be consolidated with 
any other report about the activities of the Secretary related to 
children and employment, shall include--
            ``(1) a report of the Secretary's activities during the 
        preceding year implementing the provisions of this Act related 
        to child labor, including the number of directed 
        investigations;
            ``(2) trends or other relevant analysis of youth 
        employment, oppressive child labor, and the Secretary's 
        enforcement activities; and
            ``(3) an evaluation and appraisal of the protections 
        against oppressive child labor established by this Act, 
        together with the Secretary's recommendations to the Congress.
    ``(c) Enforcement Disclosure.--The Secretary shall publish, not 
later than March 1 of each year, an annual statement of the capacity 
available to the Secretary to enforce this Act, which shall include--
            ``(1) the size of the inspectorate available in the 
        preceding fiscal year to investigate and conduct enforcement 
        activities pursuant to this Act;
            ``(2) the number of establishments and employees subject to 
        the jurisdiction of this Act;
            ``(3) the ratio of inspectors to establishments and the 
        ratio of inspectors to employees;
            ``(4) historical trends in such ratios, including a 
        comparison of the most recent fiscal year to the years of the 
        lowest such ratios; and
            ``(5) illustrative metrics of enforcement capacity, 
        including the number of years necessary for the inspectorate 
        (based on the size of the inspectorate described in paragraph 
        (1)) to inspect every workplace in the Secretary's jurisdiction 
        under this Act at least once.''.
    (b) OSHA.--
            (1) Annual reports.--Section 20(d) of the Occupational 
        Safety and Health Act (29 U.S.C. 669(d)) is amended--
                    (A) by striking the first word and inserting the 
                following:
    ``Public Information Initiatives.--
            ``(1) In general.--Information''; and
                    (B) by adding at the end the following:
            ``(2) Young workers.--The Secretary shall produce an annual 
        report of occupational illness and injury specific to employees 
        under the age of 18. Such report, which may at the Secretary's 
        discretion be consolidated with any other report about the 
        activities of the Secretary related to children and employment, 
        shall include--
                    ``(A) complaints and enforcement activities during 
                the preceding year involving employees under the age of 
                18;
                    ``(B) statistics about occupational illness, 
                injury, and fatality suffered by such employees, 
                including the distribution by age group of such 
                illness, injury, and fatality across demographic 
                factors such as country of origin, race, and ethnicity;
                    ``(C) reasonable estimates, informed by research 
                and in consultation with the Secretary of Health and 
                Human Services, of the incidence and prevalence of 
                occupational injury, illness, and fatality for such 
                employees, accounting for such factors as 
                underreporting and illness latency, and including 
                occupational illness likely to manifest after childhood 
                because of exposure to a toxic substance or harmful 
                physical agent during childhood employment;
                    ``(D) trends or other relevant analysis of the 
                matters described in the preceding subparagraphs; and
                    ``(E) an evaluation and appraisal of the 
                protections against occupational illness, injury, and 
                fatality provided to such employees established by this 
                Act, together with the Secretary's recommendations to 
                the Congress.
            ``(3) Enforcement disclosure.--The Secretary shall publish, 
        not later than March 1 of each year, an annual statement of the 
        capacity available to the Secretary to enforce this Act, 
        including the following:
                    ``(A) the size of the inspectorate available in the 
                preceding fiscal year to investigate and conduct 
                enforcement activities pursuant to this Act;
                    ``(B) the number of establishments and employees 
                subject to the jurisdiction of this Act;
                    ``(C) the ratio of inspectors to establishments and 
                the ratio of inspectors to employees;
                    ``(D) historical trends in such ratios, including a 
                comparison of the most recent fiscal year to the years 
                of the lowest such ratios;
                    ``(E) to the extent feasible, such ratios for the 
                State plans; and
                    ``(F) illustrative metrics of enforcement capacity, 
                including the number of years necessary for the 
                inspectorate (based on the size of the inspectorate 
                described in paragraph (1)) to inspect every workplace 
                in the Secretary's jurisdiction under this Act at least 
                once.''.
            (2) Training and employee education.--Section 21 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 670) is 
        amended by adding at the end the following:
    ``(e) Effective Training Pedagogy.--The Secretary of Health and 
Human Services shall, directly or by grant or contract, periodically 
undertake research, demonstrations, experiments, and surveys relevant 
to the effective design and delivery of safety and health training, 
education, and information targeted to employees under the age of 18 
and employers of such employees.''.
                                 <all>