HR 2637
6-12-07, House Agreed to Bill by Voice Vote
Referred to Senate Committee
on Health, Education, Labor & Pensions
110th CONGRESS
1st Session
H. R. 2637
IN THE SENATE OF THE UNITED STATES
June 13, 2007
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To amend the Fair Labor Standards Act, with respect to civil penalties
for child labor violations.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the `Child Labor Protection Act
of 2007'.
(b) In General- Section 16(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(e)) is amended to read as follows:
`(e)(1)(A) Any person who violates the provisions of sections 12 or 13(c),
relating to child labor, or any regulation issued pursuant to such sections,
shall be subject to a civil penalty not to exceed--
`(i) $11,000 for each employee who was the subject of such a violation;
or
`(ii) $50,000 with regard to each such violation that causes the death
or serious injury of any employee under the age of 18 years, which
penalty may be doubled where the violation is a repeated or willful
violation.
`(B) For purposes of subparagraph (A), the term `serious injury' means--
`(i) permanent loss or substantial impairment of one of the senses (sight,
hearing, taste, smell, tactile sensation);
`(ii) permanent loss or substantial impairment of the function of a bodily
member, organ, or mental faculty, including the loss of all or part of
an arm, leg, foot, hand or other body part; or
`(iii) permanent paralysis or substantial impairment that causes loss
of movement or mobility of an arm, leg, foot, hand or other body part.
`(2) Any person who repeatedly or willfully violates section 6 or 7, relating
to wages, shall be subject to a civil penalty not to exceed $1,100 for each
such violation.
`(3) In determining the amount of any penalty under this subsection, the
appropriateness of such penalty to the size of the business of the person
charged and the gravity of the violation shall be considered. The amount
of any penalty under this subsection, when finally determined, may be--
`(A) deducted from any sums owing by the United States to the person charged;
`(B) recovered in a civil action brought by the Secretary in any court
of competent jurisdiction, in which litigation the Secretary shall be
represented by the Solicitor of Labor; or
`(C) ordered by the court, in an action brought for a violation of section
15(a)(4) or a repeated or willful violation of section 15(a)(2), to be
paid to the Secretary.
`(4) Any administrative determination by the Secretary of the amount of
any penalty under this subsection shall be final, unless within 15 days
after receipt of notice thereof by certified mail the person charged with
the violation takes exception to the determination that the violations for
which the penalty is imposed occurred, in which event final determination
of the penalty shall be made in an administrative proceeding after opportunity
for hearing in accordance with section 554 of title 5, United States Code,
and regulations to be promulgated by the Secretary.
`(5) Except for civil penalties collected for violations of sections 12
or 13(c), sums collected as penalties pursuant to this section shall be
applied toward reimbursement of the costs of determining the violations
and assessing and collecting such penalties, in accordance with the provision
of section 2 of the Act entitled `An Act to authorize the Department of
Labor to make special statistical studies upon payment of the cost thereof
and for other purposes' (29 U.S.C. 9a). Civil penalties collected for violations
of sections 12 or 13(c) shall be deposited in the general fund of the Treasury.'.
(c) Effective Date- The amendments made by this section shall take effect
on the date of the enactment of this Act.
Passed the House of Representatives June 12, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
END
