[Congressional Record Volume 153, Number 94 (Tuesday, June 12, 2007)]
[House]
[Pages H6250-H6251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CHILD LABOR PROTECTION ACT OF 2007

  Mr. HARE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2637) to amend the Fair Labor Standards Act, with respect to 
civil penalties for child labor violations.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2637

       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''.
        (a) 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.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Hare) and the gentleman from Tennessee (Mr. David Davis) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. HARE. Mr. Speaker, I request 5 legislative days during which 
Members may insert materials relevant to H.R. 2637 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. HARE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HARE asked and was given permission to revise and extend his 
remarks.)
  Mr. HARE. Mr. Speaker, I rise today in support of H.R. 2637, the 
Child Labor Protection Act of 2007.
  This bipartisan legislation is designed to address the most serious 
child labor violations, deter repeat occurrences, and strengthen the 
enforcement of laws to protect our Nation's most vulnerable workers.
  This bill would increase the maximum penalty for child labor 
violations that lead to the death or serious injury of a minor from the 
current cap of $11,000 to $50,000 per violation. The bill would also 
permit the penalty to be doubled to $100,000 if it is determined that 
the violation was repeated or willful.
  Additionally, the legislation amends the Fair Labor Standards Act to 
reflect the increases in penalties for child labor violations and for 
minimum wage and overtime violations.
  The current language in the FLSA provides limits of $10,000 for child 
labor violations, $1,000 for minimum wage and overtime violations. 
These penalties were increased to $11,000 and $1,100, respectively, by 
the Federal Civil Penalties Inflation Act of 1990, as amended by the 
Debt Collection Improvement Act of 1996. The legislation before us 
today would simply conform the language of the FLSA to reflect these 
changes.
  The increase in maximum penalties for violation of child labor laws 
is an important first step in our efforts to protect the health and 
safety of the estimated 3.2 million workers under the age of 18. The 
National Institute For Occupational Safety and Health Administration 
estimates that every year 230,000 youth under the age of 18 sustain 
workplace injuries, and between 60 and 70 die from occupational 
accidents.

                              {time}  1100

  This translates into a youth worker injury every 2 days and a 
fatality every 5 days.
  Current penalties do not communicate an adequate level of 
governmental concern for the health and safety of the working young and 
do not provide sufficient motivation for employers to ensure a safe and 
legal workplace for youth.
  Given the pervasiveness of youth employment and injuries and the fact 
that the current maximum penalties are too low to demand compliance 
with child labor laws, this legislation represents an important 
improvement in our laws that will help provide a safer occupational 
environment for young workers
  Mr. Speaker, the Child Protection Act of 2007 was proposed by the 
administration and is supported by Education and Labor Committee 
Chairman Miller and Ranking Republican McKeon, as well as Chairwoman 
Woolsey and Ranking Republican Joe

[[Page H6251]]

Wilson of the Subcommittee on Workforce Protections. This bill 
represents an important first step in improving working conditions for 
our Nation's youth, and I urge all Members to support the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 2637, the Child Labor 
Protection Act of 2007, and I encourage my colleagues to do the same. I 
appreciate the work of Chairman Miller and Chairwoman Woolsey, as well 
as the gentleman from California (Mr. McKeon) and the gentleman from 
South Carolina (Mr. Wilson) in crafting this legislation.
  There is no one more vulnerable in our workforce than its youngest 
members. While the employment of young workers is essential to 
instilling in them the work ethic and the value of a dollar, their 
collective safety must be the highest priority of our Nation's 
employers and, indeed, the Nation as a whole.
  With this in mind, the measure before us would amend the Fair Labor 
Standards Act by increasing to $50,000 the civil penalty for any type 
of child labor violation that causes a death or serious injury of an 
employee under the age of 18. The current maximum civil penalty is 
$11,000, and it is low by any reasonable estimation. So this update is 
both prudent and necessary.
  Moreover, the legislation would allow the $50,000 penalty to be 
doubled up to a maximum of $100,000 for the willful and repeat 
violations that cause the death or serious injury of any child employed 
in violation of the Federal child labor standards. Once again, such an 
increase is both prudent and necessary.
  The measure before us is essential for the continuation of the 
Department of Labor's ongoing focus on workplace safety for youth, and 
I commend President Bush for his work in this issue.
  Earlier this year, the Department submitted draft legislation similar 
to H.R. 2637, and before that, the Department proposed new labor 
standards rules to cover nonagricultural occupations for employment of 
14- and 15-year-olds, as well as occupations that place the well-being 
of employees under 18 years of age at risk.
  Mr. Speaker, we are making undeniable, bipartisan progress on 
updating our child labor laws. As the Bush administration continues its 
work, the Child Labor Protection Act would provide it with additional 
tools to address serious child labor violations, decrease repeat 
occurrences and strengthen the overall enforcement of critical child 
labor laws.
  Again, I thank my colleagues for their work on this measure and urge 
passage of this bill in the House.
  Mr. Speaker, I reserve the balance of my time.
  MR. HARE. Mr. Speaker at this time I am honored to yield such time as 
she may consume to the gentlewoman from California (Ms. Woolsey), the 
sponsor of this very important piece of legislation.
  Ms. WOOLSEY. Mr. Speaker, I thank the gentleman from Illinois and 
thank our ranking member for making this possible this morning.
  As a member of the Committee on Education and Labor and as Chair of 
the Subcommittee on Workforce Protections, I truly am proud to have 
brought H.R. 2637 to the floor today.
  The Child Labor Protection Act of 2007 is a narrowly drafted, 
bipartisan bill that increases penalties substantially for violations 
of child labor protection provisions that actually cause death or 
serious injury. Although this legislation does not make the imposition 
of penalties mandatory, it leaves the decision of whether or not to 
assess penalties up to the Secretary of Labor, and it provides the 
Department with an additional enforcement tool to address the most 
serious labor violations.
  There is much more that must be done, Mr. Speaker, to strengthen our 
child labor laws, but this bill is a small first step. It is a 
beginning.
  Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I yield back the balance 
of my time.
  Mr. HARE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Hare) that the House suspend the rules and 
pass the bill, H.R. 2637.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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