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H.R. 3997IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 101 · H.R. 3997

Adjusting civil monetary penalties

Title I — Improving Enforcement

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(a) Oppressive child labor Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended— (1) in paragraph (1)(A)— (A) by striking not to exceed— and inserting as follows:; (B) by moving the margins for clauses (i) and (ii) 4 ems to the left; (C) in clause (i)— (i) by striking $11,000 and inserting Not more than $150,000 but not less than $1,500; and (ii) by striking violation; or and inserting violation, which penalty may be doubled where the violation is a repeated or willful violation.; and (D) in clause (ii), by striking $50,000 and inserting Not more than $700,000 but not less than $7,000; and (2) in paragraph (3), by striking charged and and inserting charged, the economic benefit of noncompliance, and. (b) Unsafe working conditions (1) Structure and headers Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended— (A) in subsection (a), by striking Any and inserting the following: Civil penalties.— (1) Base penalties (A) Any; (B) by redesignating subsection (b) as subsection (a)(1)(B); (C) by redesignating subsection (d) as subsection (a)(1)(C); (D) by redesignating subsection (c) as subsection (a)(1)(D); (E) by redesignating subsection (i) as subsection (a)(1)(E); (F) in subsection (f), by striking Any and inserting the following: Criminal penalties.— (1) Any; (G) by redesignating subsection (f), as so amended, as subsection (b); (H) by redesignating subsections (g), (h), and (e) as subsections (b)(2), (b)(3), and (b)(4) respectively; and (I) by redesignating subsections (j), (k), and (l) as subsections (c), (d), and (e) respectively. (2) Penalty amounts Section 17(a)(1) of the Occupational Safety and Health Act of 1970, as amended by paragraph (1), is further amended— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking $70,000 and inserting $700,000; (II) by striking $5,000 and inserting $50,000; and (III) by striking the word willful; (ii) in subparagraph (B), by striking $7,000 and inserting $70,000, but not less than $7,000,; and (iii) in subparagraph (C), by striking $7,000 and inserting $70,000, but not less than $7,000,; and (B) by adding at the end the following: (2) Enhancements (A) Young workers If any significant violation caused or contributed to serious physical harm to an employee under 18 years of age, the minimum and maximum civil penalty otherwise allowed by paragraph (1) shall be doubled for each such violation. (B) Fatalities If any significant violation caused or contributed to the death of an employee— (i) the minimum and maximum civil penalty otherwise allowed by paragraph (1) shall be doubled for each such violation; and (ii) in a case in which such employee was under 18 years of age, such civil penalty shall be trebled for each such violation.. (3) Considerations for penalty levels Section 17(c) of the Occupational Safety and Health Act of 1970, as redesignated by paragraph (1), is further amended— (A) by striking the first word and inserting Assessment of penalties. —The; and (B) by striking and the history and inserting the economic benefit of noncompliance, and the history. (4) Definition Section 17(d) of the Occupational Safety and Health Act of 1970, as redesignated by paragraph (1), is further amended— (A) by striking For purposes of this section, the and inserting the following: Definitions.—For purposes of this section— (1) Serious The; and (B) by adding at the end the following: (2) Significant The term significant violation means— (A) a serious, willful, or repeated violation; (B) a failure to correct, as described in paragraph (1)(C), where the underlying violation was a serious, willful, or repeated violation..

Sec. 101: Adjusting civil monetary penalties · Public Law Tracker