The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“CHILD LABOR PROTECTION ACT OF 2007” mentioning the U.S. Dept of Labor was published in the House of Representatives section on pages H6250-H6251 on June 12, 2007.
The publication is reproduced in full below:
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.
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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 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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