[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3997 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3997
To protect children from oppressive child labor and unsafe workplaces,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2025
Mr. Scott of Virginia (for himself, Ms. Omar, Ms. Bonamici, and Mr.
McGarvey) introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To protect children from oppressive child labor and unsafe workplaces,
and for other purposes.
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 ``Protecting Children Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
TITLE I--IMPROVING ENFORCEMENT
Sec. 101. Adjusting civil monetary penalties.
Sec. 102. Enhancing criminal penalties.
Sec. 103. Expanding use of hot goods injunctions.
Sec. 104. Enabling private enforcement.
TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN
Sec. 201. Increasing expertise for protecting children from unsafe
employment and oppressive child labor.
Sec. 202. Supporting implementation and interagency collaboration.
TITLE III--UPDATING STANDARDS TO PROTECT CHILDREN
Sec. 301. Improving process for updating standards on conditions of
oppressive child labor.
Sec. 302. Judicial review of rulemaking.
TITLE IV--INCREASING RESEARCH AND PUBLIC EDUCATION
Sec. 401. Coordinating research on child labor.
Sec. 402. Developing a comprehensive statistical program.
Sec. 403. Enabling training and public engagement.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 60 days after the date of enactment of this Act.
TITLE I--IMPROVING ENFORCEMENT
SEC. 101. ADJUSTING CIVIL MONETARY PENALTIES.
(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. 102. ENHANCING CRIMINAL PENALTIES.
(a) Oppressive Child Labor.--Section 16(a) of the Fair Labor
Standards Act (29 U.S.C. 216(a)) is amended--
(1) by striking the first word and inserting the following:
``Criminal Penalties.--
``(1) In general.--Except as provided in paragraph 2,
any'';
(2) by striking the word ``subsection'' each place it
appears and inserting the word ``paragraph''; and
(3) by adding at the end the following:
``(2) Oppressive child labor.--
``(A) Negligence with respect to a child.--Any
person who knowingly or willfully violates section
15(a)(4) of this Act and thereby negligently places an
employee employed in violation of such section in
imminent danger of death or serious bodily injury shall
be punished by a fine under title 18, United States
Code, or by imprisonment for not more than 1 year, or
both. If a conviction of any person under this
subparagraph is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(B) Knowing violation with respect to a child.--
Any person who knowingly or willfully violates section
15(a)(4) of this Act and thereby knowingly places an
employee employed in violation of such section in
imminent danger of death or serious bodily injury shall
be punished by a fine under title 18, United States
Code, or by imprisonment of not more than 15 years, or
both. Any person, other than an individual, committing
such violation shall, upon conviction under this
subparagraph, be subject to a fine of not more than
$5,000,000 for each violation. If a conviction of any
person under this subparagraph is for a violation
committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.
``(C) Cause of death to a child.--Any person who
knowingly or willfully violates section 15(a)(4) of
this Act and thereby knowingly places an employee
employed in violation of such section in imminent
danger of death or serious bodily injury, and such
violation results in the death of a child, shall be
punished by a fine under title 18, United States Code,
and imprisonment for any term of years or for life. Any
person, other than an individual, committing such
violation shall, upon conviction under this
subparagraph, be subject to a fine of not more than
$10,000,000 for each violation. If a conviction of any
person under this subparagraph is for a violation
committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.''.
(b) Unsafe Working Conditions.--Section 17(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 666(b)), as so amended and
redesignated by this Act, is further amended--
(1) in paragraph (1), by striking ``of not more'' and all
that follows and inserting ``under title 18, imprisonment for
not more than 5 years, or both. If a conviction of any person
under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.'';
(2) in paragraph (2), by striking ``of not more'' and all
that follows and inserting ``under title 18, imprisonment for
not more than 5 years, or both. If a conviction of any person
under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Imminent danger or death.--
``(A) Any employer who negligently violates any
standard, rule, or order promulgated pursuant to
section 6 of this Act, or of any regulations prescribed
pursuant to this Act, and thereby negligently places an
employee in imminent danger of death or serious bodily
injury, shall be punished by a fine under title 18,
United States Code, imprisonment for not more than one
year, or both. If a conviction of any person under this
paragraph is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(B) Any employer who knowingly or willfully
violates any standard, rule, or order promulgated
pursuant to section 6 of this Act, or of any
regulations prescribed pursuant to this Act, and in so
doing places an employee in imminent danger of death or
serious bodily injury, shall be punished by a fine
under title 18, United States Code, imprisonment for
not more than 15 years, or both. Any person, other than
an individual, committing such violation shall, upon
conviction under this paragraph, be subject to a fine
of not more than $5,000,000 for each violation. If a
conviction of any person under this paragraph is for a
violation committed after a first conviction of such
person under this paragraph, the maximum punishment
shall be doubled with respect to both the fine and
imprisonment.
``(C) Any employer who knowingly or willfully
violates any standard, rule, or order promulgated
pursuant to section 6 of this Act, or of any
regulations prescribed pursuant to this Act, and such
violation causes the death of an employee, shall be
punished by a fine under title 18, United States Code,
and imprisonment for any term of years or for life. Any
person, other than an individual, committing such
violation shall, upon conviction under this paragraph,
be subject to a fine of not more than $10,000,000 for
each violation. If a conviction of any person under
this paragraph is for a violation committed after a
first conviction of such person under this paragraph,
the maximum punishment shall be doubled with respect to
both the fine and imprisonment.
``(5) Endangerment of young workers.--The maximum
punishment otherwise prescribed by paragraph 4 shall be doubled
with respect to both the fine and imprisonment for each
violation that puts an employee under the age of 18 in imminent
danger of death or serious bodily injury or causes the death of
such employee, as the case may be.''.
SEC. 103. EXPANDING USE OF HOT GOODS INJUNCTIONS.
Section 12(a) of the Fair Labor Standards Act (29 U.S.C. 212(a)) is
amended--
(1) by striking the first word and inserting the following:
``Shipment of Goods.--
``(1) In general.--No'';
(2) by striking ``thirty'' and inserting ``ninety'';
(3) by striking the colon after ``employed'' and inserting
a period;
(4) by striking ``Provided, That any'' and inserting the
following:
``(2) Good faith.--Any'';
(5) by striking the colon after ``prohibited by this
subsection'' and inserting a period; and
(6) by striking ``And provided further, That a'' and
inserting the following:
``(3) Prosecution and conviction.--A''.
SEC. 104. ENABLING PRIVATE ENFORCEMENT.
Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(b)) is amended as follows:
(1) Structure and headers.--
(A) In the first sentence, by striking the first
word and inserting the following:
``Private Enforcement.--
``(1) Remedies.--
``(A) Minimum wages and overtime.--Any''.
(B) In the second sentence, by striking the first
word and inserting the following:
``(B) Fair employment practices.--Any''.
(C) In the third sentence, by striking the first
word and inserting the following:
``(C) Tips.--Any''.
(D) In the fourth sentence, by striking the first
word and inserting the following:
``(2) Right of action.--
``(A) In general.--An''.
(E) In the fifth sentence, by striking the first
word and inserting the following:
``(B) Collective action.--No''.
(F) In the sixth sentence, by striking the first
word and inserting the following:
``(C) Fees and costs.--The''.
(G) In the last sentence, by striking the first
word and inserting the following:
``(3) Actions by the secretary.--The''.
(2) New right of action.--In paragraph (1), as amended by
the previous paragraph, by adding at the end the following:
``(D) Child labor.--Any employer who violates
section 12 shall, if any child is harmed as a result of
such violation, be liable to the child affected for
compensatory and punitive damages.''.
TITLE II--STRENGTHENING CAPACITY TO PROTECT CHILDREN
SEC. 201. INCREASING EXPERTISE FOR PROTECTING CHILDREN FROM UNSAFE
EMPLOYMENT AND OPPRESSIVE CHILD LABOR.
(a) Establishment of Advisory Committee.--The Fair Labor Standards
Act of 1938 (29 U.S.C. 204), as amended by title I of this Act, is
further amended by inserting after section 4 the following new section:
``SEC. 4A. ADMINISTRATION OF CHILD LABOR PROVISIONS.
``(a) National Advisory Committee on Child Labor.--
``(1) Establishment.--There is hereby established a
National Advisory Committee on Child Labor, which shall advise,
consult with, and make recommendations to the Secretary of
Labor and the Secretary of Health and Human Services on matters
relating to--
``(A) oppressive child labor;
``(B) preventing children, including vulnerable
children, from being exposed to oppressive child labor;