HR6597-119

2. Improved protection for workers and children through meaningful civil penalties Section 16(e)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)(A)) is amended to read as follows: 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 as follows: Not more than $150,000, but not less than $1,500, for each employee who was the subject of such a violation. Not more than $700,000, but not less than $7,000, 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. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)), as amended by subsection (a), is further amended— in paragraph (2)— in the first sentence— by striking repeatedly or willfully; and by striking not to exceed $1,100 for each such violation and inserting not to exceed, for each such violation, $25,000 or, if such a violation is a repeated or willful violation, $50,000; and in the second sentence, by striking not to exceed $1,100 for each such violation and inserting not to exceed, for each such violation, $25,000 or, if such a violation is a repeated or willful violation, $50,000; by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and by inserting after paragraph (2), as so amended, the following new paragraph: Any person who violates section 11(c) shall be subject to a civil penalty not to exceed $2,500 for each such violation. Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended— in subsection (a)— by striking $70,000 and inserting $800,000; and by striking $5,000 and inserting $60,000; in subsection (b), by striking 7,000 and inserting $80,000; in subsection (c), by striking $7,000 and inserting $40,000; in subsection (d), by striking $7,000 and inserting $80,000; and in subsection (i), by striking $7,000 and inserting $40,000. Section 503(a)(1) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853(a)(1)) is amended by striking $1,000 and inserting $30,000. Section 110(b) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(b)) is amended by adding at the end the following: Notwithstanding any other provision of this Act, in the case of an operator who has been given written notice of a pattern of violations in accordance with paragraph (1) of section 104(e), such operator, for any violation of any provision of this Act occurring during the period beginning on the date that such notice was issued and ending on the date such pattern of violation is deemed to be terminated in accordance with paragraph (3) of section 104(e), shall be assessed a civil penalty by the Secretary equal to the lesser of— twice the amount that would, in the absence of this paragraph, be assessed by the Secretary for such violation; or the maximum amount that may be assessed for such violation. Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is further amended— by redesignating subsection (l) as subsection (m); and by inserting after subsection (k) the following: If the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court, not later than 45 days after such assessment becomes such a final order, the Secretary shall send the operator a letter advising the operator— of the consequences under this subsection of such failure to pay; and of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, including— the procedure for entering into such plan; and the consequences of not entering into or not complying with such plan. If an operator that receives a letter under paragraph (1) with respect to an assessment, has not, by the date that is 180 days after such assessment became a final order, paid the assessment or entered into a payment plan described in paragraph (1)(B), the Secretary shall issue a withdrawal order until the operator pays such assessment in full (including interest and administrative costs) or enters into such a payment plan. If such operator enters into a payment plan with the Secretary on or after the date on which the Secretary issues a withdrawal order and at any time fails to comply with the terms specified in such payment plan, the Secretary shall reissue such withdrawal order until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan. In this paragraph, the term withdrawal order means an order requiring an operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1) with respect to such operator. The amendments made by subparagraph (A) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.) that become a final order of the Federal Mine Safety and Health Review Commission or a court on or after the date of enactment of this Act. In the case of any unpaid civil penalty assessment that became such a final order before the date of enactment of this Act, the date on which such assessment became a final order shall be deemed to be the date of enactment of this Act. Section 110(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(a)) is further amended— by redesignating paragraph (4) as paragraph (5); and by inserting after paragraph (3) the following: If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, during any 3-year period, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation by such person, and not less than $20,000 or more than $200,000 for any subsequent violation by such person. Section 423(d)(1) Federal Mine Safety and Health Act of 1977 (30 U.S.C. 933(d)(1)) is amended by striking $1,000 and inserting $50,000 but not less than $5,000. Section 107(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(b)) is amended by adding at the end the following new paragraph: In addition to any sums recovered by the Secretary pursuant to paragraph (2), any employer that violates section 105 may be assessed a civil money penalty not to exceed $25,000 for each separate offense. Section 109(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2619(b)) is amended by striking $100 and inserting $2,500. Section 106(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2616(b)) is amended by adding Any employer that violates this subsection may be assessed a civil monetary penalty not to exceed $2,500 for each separate offense. at the end. (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 as follows: (i)Not more than $150,000, but not less than $1,500, for each employee who was the subject of such a violation. (ii)Not more than $700,000, but not less than $7,000, 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.. (3)Any person who violates section 11(c) shall be subject to a civil penalty not to exceed $2,500 for each such violation. . (3)Notwithstanding any other provision of this Act, in the case of an operator who has been given written notice of a pattern of violations in accordance with paragraph (1) of section 104(e), such operator, for any violation of any provision of this Act occurring during the period beginning on the date that such notice was issued and ending on the date such pattern of violation is deemed to be terminated in accordance with paragraph (3) of section 104(e), shall be assessed a civil penalty by the Secretary equal to the lesser of— (A)twice the amount that would, in the absence of this paragraph, be assessed by the Secretary for such violation; or (B)the maximum amount that may be assessed for such violation.. (l)Ensuring payment of penalties (1)Delinquent payment letterIf the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court, not later than 45 days after such assessment becomes such a final order, the Secretary shall send the operator a letter advising the operator— (A)of the consequences under this subsection of such failure to pay; and (B)of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, including— (i)the procedure for entering into such plan; and (ii)the consequences of not entering into or not complying with such plan. (2)Withdrawal orders following failure to pay (A)In generalIf an operator that receives a letter under paragraph (1) with respect to an assessment, has not, by the date that is 180 days after such assessment became a final order, paid the assessment or entered into a payment plan described in paragraph (1)(B), the Secretary shall issue a withdrawal order until the operator pays such assessment in full (including interest and administrative costs) or enters into such a payment plan. (B)Subsequent withdrawal orderIf such operator enters into a payment plan with the Secretary on or after the date on which the Secretary issues a withdrawal order and at any time fails to comply with the terms specified in such payment plan, the Secretary shall reissue such withdrawal order until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan. (C)Withdrawal order definedIn this paragraph, the term withdrawal order means an order requiring an operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1) with respect to such operator.. (4)If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, during any 3-year period, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation by such person, and not less than $20,000 or more than $200,000 for any subsequent violation by such person.. (4)Civil penaltyIn addition to any sums recovered by the Secretary pursuant to paragraph (2), any employer that violates section 105 may be assessed a civil money penalty not to exceed $25,000 for each separate offense..