[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1614

 To amend the Fair Labor Standards Act of 1938 to strengthen penalties 
                       for unlawful child labor.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2007

 Mr. Harkin (for himself, Mr. Kennedy, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to strengthen penalties 
                       for unlawful child labor.

    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 ``Child Labor Protection Act of 
2007''.

SEC. 2. CHILD LABOR PROTECTIONS.

    Subsection (e) of section 16 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 in an amount--
            ``(i) that is not less than $500 and not more than $15,000 
        for each employee who was the subject of such a violation;
            ``(ii) that is not less than $15,000 and not more than 
        $50,000 with respect to each such violation that causes the 
        death or serious injury of any employee under the age of 18 
        years; and
            ``(iii) in the case of a willful or repeat violation, that 
        is not less than $15,000 and not more than $100,000.
    ``(B) For purposes of subparagraph (A)(ii), the term `serious 
injury' means--
            ``(i) the permanent loss or substantial impairment of one 
        of the senses (sight, hearing, taste, smell, tactile 
        sensation);
            ``(ii) the 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) the 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 in an amount 
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 a 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.
    ``(6) Whoever violates a provision of section 12 or 13(c), relating 
to child labor, or any regulation promulgated under such sections, 
shall be imprisoned for not more than 3 years or fined under title 18, 
United States Code, or both, except that in the case of a second or 
subsequent violation, such penalty shall be imprisonment of not less 
than 3 years and not more than 5 years or a fine under title 18, United 
States Code, or both.''.
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