[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1292 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1292

     To amend the Immigration and Nationality Act with respect to 
 improvements in enforcement of anti-discrimination provisions of that 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

 Mr. Martinez introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act with respect to 
 improvements in enforcement of anti-discrimination provisions of that 
                                  Act.

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

SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Immigration Anti-
Discrimination Improvement Act of 1993''.
    (b) Congressional Approval of GAO Findings.--The Congress approves 
the findings of the Comptroller General contained in the General 
Accounting Office (GAO) report entitled ``Immigration Reform: Employer 
Sanctions and the Question of Discrimination'', dated March 29, 1990 
(identification number GAO/GGD-90-92).

SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION 
              PROVISIONS.

    (a) In General.--Section 274B(c) of the Immigration and Nationality 
Act (8 U.S.C. 1324b(c)) is amended by adding at the end the following 
new paragraph:
            ``(5) Use of funds.--Notwithstanding section 3302 of title 
        31, United States Code, all civil penalties collected under 
        this section shall be credited to the appropriation to be used 
        in carrying out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to penalties assessed during fiscal years beginning with fiscal 
year 1994.

SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT.

    In addition to any other accounts authorized to be appropriated, 
there are authorized to be appropriated for each fiscal year (beginning 
with fiscal year 1994), $10,000,000 for activities of regional offices 
of the Special Counsel for Immigration-Related Unfair Employment 
Practices within the Department of Justice.

SEC. 4. ANNUAL REPORTS.

    Section 274B of the Immigration and Nationality Act (8 U.S.C. 
1324b) is amended by adding at the end the following new subsection:
    ``(m) Annual Reports.--
            ``(1) GAO.--The Comptroller General shall submit to 
        Congress each year a report concerning--
                    ``(A) the pervasiveness of unfair immigration-
                related employment practices described in subsection 
                (a), and
                    ``(B) enforcement under this section with respect 
                to such practices.
            ``(2) Attorney general.--The Attorney General shall submit 
        to Congress each year a report on the enforcement actions under 
        this section (and under title VII of the Civil Rights Act of 
        1964) with respect to unfair immigration-related employment 
        practices described in subsection (a).''.

SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES.

    Section 274B(c)(4) of the Immigration and Nationality Act (8 U.S.C. 
1324b(c)(4)) is amended by adding at the end the following: ``The 
Special Counsel shall provide for agreements with Federal and State 
agencies involved with enforcement of laws relating to prohibiting 
discrimination on the basis of national origin under which such 
agencies would receive charges respecting unfair immigration-related 
employment practices under this section and promptly forward such 
charges to the Special Counsel.''.

SEC. 6. NATIONAL HOTLINE.

    Section 274B(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324b(c)(2)) is amended by adding at the end the following new 
sentence: ``The Special Counsel shall establish a national, toll-free 
telephone service to receive charges of unfair immigration-related 
employment practices and otherwise provide for such outreach efforts as 
will educate the public concerning the provisions of this section.''.

SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS.

    The Attorney General, through or in consultation with the Special 
Counsel for Immigration-Related Unfair Employment Practices, shall 
provide technical assistance to States and local governments concerning 
the provisions of section 274A and 274B of the Immigration and 
Nationality Act and the roles provided for receipt of charges of 
violations of such sections.

SEC. 8. MONITORING PANEL.

    The Attorney General shall establish a monitoring panel, composed 
of citizens, representatives of the Mexican American Legal Defense and 
Education Fund, La Raza, and other community-based organizations, civil 
rights groups, public interest groups, and nonprofit foundations, to 
monitor the application of the anti-discrimination provisions in 
section 274B of the Immigration and Nationality Act and to report 
annually to the Attorney General and the Congress respecting such 
implementation.

SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR 
              PERVASIVE VIOLATORS.

    (a) In General.--Section 274B(g)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(g)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Additional remedy.--If an administrative law 
                judge determines that a person or entity has engaged in 
                or is engaging in a pervasive pattern of unfair 
                immigration-related employment practices, the judge may 
                order the person or entity to be disqualified from 
                being issued any contract under Federal law during a 
                period of up to 1 year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to unfair immigration-related employment practices occurring on 
or after the date of the enactment of this Act.

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