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[DOCID: f:h4054ih.txt]






107th CONGRESS
  2d Session
                                H. R. 4054

       To provide for civil monetary penalties in certain cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

Mr. Sam Johnson of Texas (for himself, Mr. Boehner, Mr. Ballenger, and 
 Mr. Norwood) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
       To provide for civil monetary penalties in certain cases.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CIVIL MONETARY PENALTIES.

    Title VI of the Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 521) is amended--
            (1) by redesignating section 611 as section 612; and
            (2) by inserting after section 610 the following:

``SEC. 611. CIVIL MONEY PENALTIES.

    ``(a) In General.--The Secretary, upon finding a violation of 
either section 201(a), 201(b), 202, 203, or 301 of this Act, may 
require the person, labor organization, or employer responsible for 
such violation to pay a civil money penalty in an amount determined 
under a schedule of penalties which is established and published by the 
Secretary and which takes into account the nature of the violation 
involved, the revenues of, and the existence of previous violations of 
the Act by, the person, labor organization, or employer involved, and 
such other factors as the Secretary considers appropriate.
    ``(b) Notice.--The Secretary may not make any determination adverse 
to a person, labor organization, or employer under subsection (a) until 
such person or entity has been given written notice and an opportunity 
to be heard before the Secretary or designee. Procedures for such 
notice, opportunity to be heard, decision and review shall be as set 
forth in sections 208 and 606. Requests for review shall be filed in 
Federal district court not later than 30 days of the receipt of an 
adverse determination.
                                 <all>

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