[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2548 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2548

  To curtail illegal immigration through increased enforcement of the 
 employer sanctions provisions in the Immigration and Nationality Act 
                           and related laws.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 1997

  Mr. Filner introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To curtail illegal immigration through increased enforcement of the 
 employer sanctions provisions in the Immigration and Nationality Act 
                           and related laws.

    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 ``Eliminate the Magnet for Illegal 
Immigration Act of 1997''.

SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS.

    (a) In General.--In addition to such amounts as are otherwise 
authorized to be appropriated, there are authorized to be appropriated 
for each of the fiscal years 1998 and 1999 for hiring, training, 
salaries and expenses of personnel of the Immigration and 
Naturalization Service such amounts as may be necessary--
            (1) to provide for an increase each year in the number of 
        investigators of such Service by 365 full-time equivalent 
        investigator positions above the number of such positions 
        authorized as of October 1, 1996; and
            (2) to provide such personnel and resources as are 
        necessary to assist the additional investigators in the 
        enforcement of employer sanctions (as defined in section 
        12(1)).
    (b) Duties.--The additional investigators provided for in 
subsection (a) shall be assigned to investigate violations of employer 
sanctions with priority given to areas where there are high 
concentrations of unauthorized aliens (as defined in section 12(4)) who 
are employed.

SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR 
              STANDARDS.

    (a) In General.--In addition to such amounts as are otherwise 
authorized to be appropriated, there are authorized to be appropriated 
for each of the fiscal years 1998 and 1999 for hiring, training, 
salaries, and expenses of personnel of the Employment Standards 
Administration of the Department of Labor such amounts as may be 
necessary--
            (1) to provide for an increase each year in the number of 
        investigators of such Administration by 300 full-time 
        equivalent investigator positions above the number of such 
        positions authorized as of October 1, 1996; and
            (2) to provide such support personnel and resources as are 
        necessary to assist the additional investigators in the 
        enforcement of labor standards (as defined in section 12(3)).
    (b) Duties.--The additional investigators provided for in 
subsection (a) shall be assigned to investigate violations of labor 
standards with priority given to areas where there are high 
concentrations of unauthorized aliens who are employed.

SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR 
              IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO 
              ENFORCE ANTIDISCRIMINATION PROVISIONS.

    (a) In General.--In addition to such amounts as are otherwise 
authorized to be appropriated, there are authorized to be appropriated 
for each of the fiscal years 1998 and 1999 for hiring, training, 
salaries, and expenses of personnel of the Office of Special Counsel 
for Immigration-Related Unfair Employment Practices in the Department 
of Justice such amounts as may be necessary--
            (1) to provide for an increase in the number of 
        investigators of such Office by 50 full-time equivalent 
        investigator positions above the number of such positions 
        authorized as of October 1, 1996; and
            (2) to provide such support personnel and resources as are 
        necessary to assist the additional investigators in the 
        enforcement of immigration-related antidiscrimination 
        provisions (as defined in section 12(2)).
    (b) Duties.--The additional investigators provided for in 
subsection (a) shall be assigned to investigate and prosecute 
violations of immigration-related antidiscrimination provisions.

SEC. 5. SECRETARY OF LABOR AUTHORITY.

    (a) In General.--Title II of the Immigration and Nationality Act is 
amended by adding at the end the following new section:

                     ``secretary of labor authority

    ``Sec. 296. (a) Subpoena Authority.--The Secretary of Labor may 
issue subpoenas requiring the attendance and testimony of witnesses or 
the production of any records, books, papers, or documents in 
connection with any investigation or hearing conducted in the 
enforcement of any immigration program for which the Secretary of Labor 
has been delegated enforcement authority under this title.
    ``(b) Authority in Hearings.--In such a hearing, the Secretary of 
Labor may administer oaths, examine witnesses, and receive evidence.
    ``(c) Enforcement for Subpoenas.--In case of contumacy or refusal 
to obey a subpoena lawfully issued under this section and upon 
application of the Secretary of Labor, an appropriate district court of 
the United States may issue an order requiring compliance with such 
subpoena and any failure to obey such order may be punished by such 
court as a contempt thereof.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 295 the 
following:

``Sec. 296. Secretary of Labor authority.''.

SEC. 6. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR 
              TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS.

    (a) In General.--The Secretary of Labor and the Attorney General 
shall establish, not later than 6 months after the date of the 
enactment of this Act, programs for the Immigration and Naturalization 
Service and Department of Labor to jointly investigate violations of 
employer sanctions and labor standards and target areas where there are 
high concentrations of unauthorized aliens who are employed.
    (b) Performance Review.--Not later than 1 year after the date the 
Secretary of Labor and the Attorney General have established the 
programs referred to in subsection (a), they shall assess the programs 
and identify the best strategies for targeting industries likely to 
violate both employer sanctions and labor standards.

SEC. 7. EMPLOYER EDUCATION.

    The Attorney General, in consultation with the Secretary of Labor, 
the Small Business Administrator, and the Commissioner of Internal 
Revenue, shall conduct a nationwide program to inform employers about--
            (1) their responsibilities concerning employer sanctions, 
        labor standards, and immigration-related antidiscrimination 
        provisions and
            (2) the provision of this Act.

SEC. 8. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND 
              REFERRAL VIOLATIONS.

    (a) In General.--Subparagraph (A) of section 274A(e)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
            (1) in clause (i), by striking ``$250 and not more than 
        $2,000'' and inserting ``$1,000 and not more than $3,000'';
            (2) in clause (ii), by striking ``$2,000 and not more than 
        $5,000'' and inserting ``$3,000 and not more than $8,000''; and
            (3) in clause (iii), by striking ``3,000 and not more than 
        $10,000'' and inserting ``$10,000 and not more than $25,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to violations that occur on or after the end of the 
6-month period beginning on the date of the enactment of this Act.

SEC. 9. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF 
              LABOR STANDARDS.

    (a) In General.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following 
new paragraph:
            ``(4) Increased penalties.--In the case of a person or 
        entity that has been found through a final administrative 
        determination or determination by a court (which finding has 
        not been reversed) to have willfully or repeatedly violated one 
        or more labor standards with respect to an unauthorized alien 
        who is employed, each dollar amount specified in subsections 
        (e)(4), (e)(5), and (g)(2) shall be twice the dollar amount 
        otherwise specified for violation occurring during the 10-year 
        period beginning on the date of such determination.''.
    (b) Conforming Amendments.--Section 274A of such Act (8 U.S.C. 
1324a) is amended--
            (1) in paragraphs (4)(A) and (5) of subsection (e), by 
        inserting ``(subject to subsection (h)(4))'' after ``in an 
        amount''; and
            (2) in subsection (g)(2), by striking ``of $1,000'' and 
        inserting ``in an amount (subject to subsection (h)(4)) equal 
        to $1,000''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations of employer sanctions that occur on or 
after the end of the 6-month period beginning on the date of the 
enactment of this Act, but shall not apply to violations of labor 
standards occurring before the date of the enactment of this Act.

SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION-
              RELATED EMPLOYMENT PRACTICES.

    (a) In General.--Clause (iv) of section 274B(g)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended--
            (1) in subclause (I), by striking ``$250 and not more than 
        $2,000'' and inserting ``$1,000 and not more than $3,000'';
            (2) in subclause (II), by striking ``$2,000 and not more 
        than $5,000'' and inserting ``$3,000 and not more than 
        $8,000'';
            (3) in subclause (III), by striking ``3,000 and not more 
        than $10,000'' and inserting ``$10,000 and not more than 
        $25,000''; and
            (4) in subclause (IV), by striking ``100 and not more than 
        $1,000'' and inserting ``$200 and not more than $5,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to violations that occur on or after the end of the 
6-month period beginning on the date of the enactment of this Act.

SEC. 11. IMMIGRATION-RELATED DISCRIMINATION.

    (a) Study.--The Attorney General shall provide for a study on the 
effect laws, enacted during and after 1996 and providing for increased 
enforcement of employer sanctions, have had on discrimination in the 
workplace based on national origin or citizenship.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the study under subsection (a). Such report shall include 
recommendations regarding how such discrimination may be prevented.

SEC. 12. DEFINITIONS.

    For purposes of this Act:
            (1) Employer sanctions.--The term ``employer sanctions'' 
        means the requirements of section 274A of the Immigration and 
        Nationality Act (8 U.S.C. 1324a).
            (2) Immigration-related antidiscrimination provisions.--The 
        term ``immigration-related antidiscrimination provisions'' 
        means the provisions of section 274B of the Immigration and 
        Nationality Act (8 U.S.C. 1324b).
            (3) Labor standards.--The term ``labor standards'' includes 
        requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        201 et seq.), the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1801 et seq.), and the Family and 
        Medical Leave Act of 1993 (29 U.S.C 2601 et. seq.).
            (4) Unauthorized alien.--The term ``unauthorized alien'' 
        has the meaning given such term in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
                                 <all>