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: 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)..