IIB 
110TH CONGRESS 
1ST SESSION H. R. 2637 
IN THE SENATE OF THE UNITED STATES 
JUNE 13, 2007 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
To amend the Fair Labor Standards Act, with respect to 
civil penalties for child labor violations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Child Labor Protection Act of 2007’’. 
(b) 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 regula-
tion 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 se-
rious 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 ‘se-
rious injury’ means— 
‘‘(i) permanent loss or substantial impairment 
of one of the senses (sight, hearing, taste, smell, tac-
tile sensation); 
‘‘(ii) permanent loss or substantial impairment 
of the function of a bodily member, organ, or mental 
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faculty, including the loss of all or part of an arm, 
leg, foot, hand or other body part; or 
‘‘(iii) permanent paralysis or substantial im-
pairment 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. 
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‘‘(4) Any administrative determination by the Sec-
retary 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 viola-
tion takes exception to the determination that the viola-
tions 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 pursu-
ant 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 provi-
sion of section 2 of the Act entitled ‘An Act to authorize 
the Department of Labor to make special statistical stud-
ies upon payment of the cost thereof and for other pur-
poses’ (29 U.S.C. 9a). Civil penalties collected for viola-
tions of sections 12 or 13(c) shall be deposited in the gen-
eral fund of the Treasury.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
Passed the House of Representatives June 12, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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