Sec. 301. Improving process for updating standards on conditions of oppressive child labor
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Section 12 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212 ) is amended by adding at the end the following: . The last sentence of section 3(l) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(l) ) is— transferred to subsection
(e)of section 12 of such Act ( 29 U.S.C. 212 ); and inserted so as to appear after the subsection heading of such section 12. 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: 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. In determining the need for promulgating a new hazardous occupation order or promulgating an update to an existing such order, the Secretary shall— place preeminent value on assuring the safety, health, and well-being of children; 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; 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 take into consideration any— 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 any information provided under subsection (g). 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— may request the Advisory Committee to submit its recommendations to the Secretary relating to the proposed or existing order; and in a case in which the Secretary requests recommendations pursuant to subclause (I), shall provide the Advisory Committee with— 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 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. 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. 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. 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— promulgate pursuant to paragraph
(4)such order (or update) in a manner consistent with such recommendations; or 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. 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— refer such recommendation to the Advisory Committee pursuant to paragraph
(3)and carry out applicable requirements of such paragraph; promulgate pursuant to paragraph
(4)such order (or update) in a manner consistent with the recommendation provided under this subparagraph; or 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). 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). 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. 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: 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. 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. A statement identifying any party or entity at whose request any such change was made. 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. 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. 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. . 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: 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. .
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Sec. 301
Improving process for updating standards on conditions of oppressive child labor
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