,i #aaith ,,congress #ast ,session ,h4 ,r4 #feig ,,in ,,the ,,house ,,of ,,representatives ,december #aj1 #bjbe,mr4 ,scott of ,virginia 7for himself1 ,mr4 ,norcross1 ,mrs4 ,dingell1 ,mr4 ,horsford1 ,mr4 ,pocan1 ,ms4 ,simon1 ,ms4 ,ansari1 ,ms4 ,bonamici1 ,mr4 ,mrvan1 ,ms4 ,elfreth1 ,mr4 ,casar1 ,ms4 ,budzinski1 ,mrs4 ,mc,iver1 ,ms4 ,omar1 ,ms4 ,ocasio-,cortez1 ,mr4 ,evans of ,pennsylvania1 ,mr4 ,cleaver1 ,mrs4 ,hayes1 ,mr4 ,deluzio1 ,mr4 ,de,saulnier1 ,mr4 ,mannion1 ,ms4 ,lee of ,pennsylvania1 ,ms4 ,salinas1 ,ms4 ,stansbury1 ,ms4 ,norton1 ,ms4 ,chu1 ,ms4 ,underwood1 ,mr4 ,magaziner1 ,ms4 ,pingree1 ,mr4 ,goldman of ,new ,york1 ,ms4 ,schakowsky1 ,mr4 ,mc,garvey1 ,mr4 ,takano1 ,ms4 ,randall1 ,mr4 ,lynch1 ,ms4 ,dexter1 ,mr4 ,suozzi1 ,mr4 ,mc,govern1 ,mr4 ,carson1 ,ms4 ,tlaib1 ,mrs4 ,sykes1 ,mr4 ,menendez1 ,mr4 ,garca of ,illinois1 ,mr4 ,lieu1 ,ms4 ,titus1 ,ms4 ,kelly of ,illinois1 ,ms4 ,lois ,frankel of ,florida1 ,ms4 ,wilson of ,florida1 ,ms4 ,waters1 ,mr4 ,cisneros1 ,mr4 ,johnson of ,georgia1 ,ms4 ,adams1 ,mr4 ,davis of ,illinois1 ,mr4 ,krishnamoorthi1 ,ms4 ,houlahan1 ,ms4 ,mc,bride1 ,mr4 ,landsman1 ,mrs4 ,foushee1 ,ms4 ,mc,clellan1 ,mrs4 ,ramirez1 ,ms4 ,moore of ,wisconsin1 ,mr4 ,carter of ,louisiana1 ,mrs4 ,cherfilus-,mc,cormick1 ,mr4 ,garamendi1 ,ms4 ,matsui1 ,ms4 ,stevens1 ,mr4 ,kennedy of ,new ,york1 ,ms4 ,craig1 ,mr4 ,ivey1 ,ms4 ,leger ,fernandez1 and ,ms4 ,hoyle of ,oregon7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce1 and in addition to the ,committees on ,oversight and ,government ,reform1 and ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to safeguard the rights of workers and protect children by responsibly increasing civil monetary penalties and other means4 #a4 ,short title ,this ,act may be cited as the ,labor ,enforcement to ,securely ,protect ,workers ,act or the ,,let',s ,protect ,workers ,act4 #b4 ,improved protection for workers and children through meaningful civil penalties 7a7 ,child labor ,section #af7;e77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77;,a77 is amended to read as follows3 7,a7 ,any person who violates the provisions of sections #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such sections1 shall be subject to a civil penalty as follows3 7i7 ,not more than #aej1jjj1 but not less than #a1ejj1 for each employee who was the subject of such a violation4 7ii7 ,not more than #gjj1jjj1 but not less than #g1jjj1 with regard to each such violation that causes the death or serious injury of any employee under the age of #ah years1 which penalty may be doubled where the violation is a repeated or willful violation4 4 7b7 ,wage and hour protections ,section #af7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e771 as amended by subsection 7a71 is further amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the first sentence-- 7i7 by striking repeatedly or willfully2 and 7ii7 by striking not to exceed #a1ajj for each such violation and inserting not to exceed1 for each such violation1 #be1jjj or1 if such a violation is a repeated or willful violation1 #ej1jjj2 and 7,b7 in the second sentence1 by striking not to exceed #a1ajj for each such violation and inserting not to exceed1 for each such violation1 #be1jjj or1 if such a violation is a repeated or willful violation1 #ej1jjj2 7#b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7#c7 by inserting after paragraph 7#b71 as so amended1 the following new paragraph3 7#c7 ,any person who violates section #aa7;c7 shall be subject to a civil penalty not to exceed #b1ejj for each such violation4 4 7c7 ,workers' health and safety ,section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #gj1jjj and inserting #hjj1jjj2 and 7,b7 by striking #e1jjj and inserting #fj1jjj2 7#b7 in subsection 7b71 by striking #g1jjj and inserting #hj1jjj2 7#c7 in subsection 7c71 by striking #g1jjj and inserting #dj1jjj2 7#d7 in subsection 7d71 by striking #g1jjj and inserting #hj1jjj2 and 7#e7 in subsection 7i71 by striking #g1jjj and inserting #dj1jjj4 7d7 ,farmworker protections ,section #ejc7;a77#a7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahec7;a77#a77 is amended by striking #a1jjj and inserting #cj1jjj4 7e7 ,mine safety and black lung benefits 7#a7 ,increased civil penalties during pattern of violations status ,section #aaj7;b7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbj7;b77 is amended by adding at the end the following3 7#c7 ,notwithstanding any other provision of this ,act1 in the case of an operator who has been given written notice of a pattern of violations in accordance with paragraph 7#a7 of section #ajd7;e71 such operator1 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 7#c7 of section #ajd7;e71 shall be assessed a civil penalty by the ,secretary equal to the lesser of-- 7,a7 twice the amount that would1 in the absence of this paragraph1 be assessed by the ,secretary for such violation2 or 7,b7 the maximum amount that may be assessed for such violation4 4 7#b7 ,ensuring payment of penalties 7,a7 ,amendments ,section #aaj of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbj7 is further amended-- 7i7 by redesignating subsection 7l7 as subsection 7m72 and 7ii7 by inserting after subsection 7k7 the following3 7l7 ,ensuring payment of penalties 7#a7 ,delinquent payment letter ,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 court1 not later than #de days after such assessment becomes such a final order1 the ,secretary shall send the operator a letter advising the operator-- 7,a7 of the consequences under this subsection of such failure to pay2 and 7,b7 of the opportunity to enter into or modify a payment plan with the ,secretary based upon a demonstrated inability to pay1 including-- 7i7 the procedure for entering into such plan2 and 7ii7 the consequences of not entering into or not complying with such plan4 7#b7 ,withdrawal orders following failure to pay 7,a7 ,in general ,if an operator that receives a letter under paragraph 7#a7 with respect to an assessment1 has not1 by the date that is #ahj days after such assessment became a final order1 paid the assessment or entered into a payment plan described in paragraph 7#a77;,b71 the ,secretary shall issue a withdrawal order until the operator pays such assessment in full 7including interest and administrative costs7 or enters into such a payment plan4 7,b7 ,subsequent withdrawal order ,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 plan1 the ,secretary shall reissue such withdrawal order until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan4 7,c7 ,withdrawal order defined ,in this paragraph1 the term withdrawal order means an order requiring an operator to cause all persons1 except those referred to in section #ajd7;c71 to be withdrawn from1 and to be prohibited from entering1 the mine that is covered by the final order described in paragraph 7#a7 with respect to such operator4 4 7,b7 ,applicability of amendments 7i7 ,in general ,the amendments made by subparagraph 7,a7 shall apply to all unpaid civil penalty assessments under the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq47 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 ,act4 7ii7 ,prior final orders ,in the case of any unpaid civil penalty assessment that became such a final order before the date of enactment of this ,act1 the date on which such assessment became a final order shall be deemed to be the date of enactment of this ,act4 7#c7 ,civil penalty for retaliation ,section #aaj7;a7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbj7;a77 is further amended-- 7,a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,if any person violates section #aje7;c71 the ,secretary shall propose1 and the ,commission shall assess1 during any #c-year period1 a civil penalty of not less than #aj1jjj or more than #ajj1jjj for the first occurrence of such violation by such person1 and not less than #bj1jjj or more than #bjj1jjj for any subsequent violation by such person4 4 7#d7 ,black lung benefits penalties ,section #dbc7;d77#a7 ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #icc7;d77#a77 is amended by striking #a1jjj and inserting #ej1jjj but not less than #e1jjj4 7f7 ,family and medical leave 7#a7 ,interference with rights and proceedings ,section #ajg7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfag7;b77 is amended by adding at the end the following new paragraph3 7#d7 ,civil penalty ,in addition to any sums recovered by the ,secretary pursuant to paragraph 7#b71 any employer that violates section #aje may be assessed a civil money penalty not to exceed #be1jjj for each separate offense4 4 7#b7 ,notice ,section #aji7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfai7;b77 is amended by striking #ajj and inserting #b1ejj4 7#c7 ,recordkeeping ,section #ajf7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaf7;b77 is amended by adding ,any employer that violates this subsection may be assessed a civil monetary penalty not to exceed #b1ejj for each separate offense4 at the end4 #c4 ,enforcement of certain requirements for employee health plans 7a7 ,parity in mental health and substance use disorders 7#a7 ,in general ,section #ejb7;c77#aj77;,a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;c77#aj77;,a77 is amended-- 7,a7 by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan1 service provider12 and 7,b7 by striking for any failure and all that follows and inserting for any failure1 or participation in such failure1 by such sponsor1 administrator1 service provider1 or issuer to meet1 in connection with the plan1 the requirements of-- 7i7 subsection 7a77#a77;,f71 7b77#c71 7c71 or 7d7 of section #gjb or section #gja or #gjb7;b77#a7 with respect to genetic information2 or 7ii7 subsection 7a7 of section #gab with respect to parity in mental health and substance use disorder benefits4 4 7#b7 ,conforming amendment ,section #ejb7;c77#aj7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;c77#aj77;,a77 is further amended by striking use of genetic information in the heading and inserting use of genetic information and parity in mental health and substance use disorder benefits4 7b7 ,exception to the general prohibition on enforcement 7#a7 ,civil action ,section #ejb7;a77#f7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;a77#f77 is amended to read as follows3 7#f7 by the ,secretary to collect any civil penalty that the ,secretary has imposed or assessed pursuant to authority under this title2 4 7#b7 ,enforcement in relation to group health plans ,section #ejb7;b77#c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;b77#c77 is amended by striking ,except and all that follows through the ,secretary and inserting ,except as provided in subsections 7c77#i71 7c77#aj71 and 7a77#f7 7with respect to collecting civil penalties under subsections 7c77#i7 and 7c77#aj771 and except with respect to enforcement by the ,secretary of section #gab1 the ,secretary4 #d4 ,improving workplace democracy through civil monetary penalties ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended-- 7#a7 by striking ,sec4 #ab4 ,any person and inserting the following3 #ab4 ,penalties 7a7 ,violations for interference with board ,any person 2 and 7#b7 by adding at the end the following3 7b7 ,civil penalties for unfair labor practices ,any employer who commits an unfair labor practice within the meaning of section #h7;a7 shall be subject to a civil penalty in an amount not to exceed #ej1jjj for each such violation1 except that1 with respect to such an unfair labor practice within the meaning of paragraph 7#c7 or 7#d7 of section #h7;a7 or such a violation of section #h7;a7 that results in the discharge of an employee or other serious economic harm to an employee1 the ,board shall double the amount of such penalty1 to an amount not to exceed #ajj1jjj1 in any case where the employer has within the preceding #e years committed another such violation of such paragraph 7#c7 or 7#d7 or such violation of section #h7;a7 that results in such discharge or other serious economic harm4 ,a civil penalty under this paragraph shall be in addition to any other remedy ordered by the ,board4 ,sums collected as civil penalties pursuant to this section shall be deposited in the general fund of the ,treasury4 7c7 ,considerations ,in determining the amount of any civil penalty under this section1 the ,board shall consider-- 7#a7 the gravity of the actions of the employer resulting in the penalty1 including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this ,act2 7#b7 the size of the employer2 7#c7 the history of any previous unfair labor practices or other actions by the employer resulting in a penalty2 and 7#d7 the public interest4 7d7 ,director and officer liability ,if the ,board determines1 based on the particular facts and circumstances presented1 that a director or officer's personal liability is warranted1 a civil penalty for a unfair labor practice described in this section may also be assessed against any director or officer of the employer who directed or committed the unfair labor practice1 had established a policy that led to such an unfair labor practice1 or had actual or constructive knowledge of and the authority to prevent the unfair labor practice and failed to prevent the unfair labor practice4 4 #e4 ,securing workers' rights through responsible recordkeeping and notice to employees 7a7 ,workplace health and safety ,section #i7;c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feh7;c77 is amended by adding at the end the following3 ,in the case of a violation that relates to making1 keeping1 or preserving a record1 such violation continues to occur until the earlier of 7#a7 the date on which an employer complies with the requirement1 rule1 standard1 order1 or regulation that was violated with respect to making1 keeping1 or preserving such record2 or 7#b7 the date on which the requirement to keep and preserve such record expires44 7b7 ,wage1 hour1 and family and medical leave protections ,section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 is amended by inserting before the last sentence the following3 ,for purposes of enforcement of this subsection under section #af7;e77#c71 a violation of a requirement to make1 keep1 or preserve a record continues to occur until the earlier of 7#a7 the date on which an employer has complied with the regulation or order that was violated with respect to such record1 or 7#b7 the date on which the requirement to keep and preserve such record expires4 7c7 ,rulemaking ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate or amend such regulations as are necessary to implement the amendments made by this section4 7d7 ,authorization ,subsection 7c7 shall be considered a specific authorization by ,congress in accordance with section #hja7;b77#b7 of title #e1 ,united ,states ,code1 with respect to the issuance of a new recordkeeping rule pursuant to the ,occupational ,safety and ,health ,act of #aigj4 #f4 ,effective dates2 application 7a7 ,sections #b1 #c1 and #d ,except as as provided in section #b7;e77#b77;,b71 the amendments made by sections #b1 #c1 and #d of this ,act shall take effect on ,january #a1 #bjbg1 and shall apply with respect to violations that occur on or after ,january #a1 #bjbg4 7b7 ,section #e ,the amendments made by section #e of this ,act shall take effect on the date of enactment of this ,act1 and shall apply with respect to violations that occur on or after the date of enactment of this ,act4