[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 470 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 470

  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

                            January 21, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eliminate the 
Magnet for Illegal Immigration Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Increase in INS investigators to enforce employer sanctions.
Sec. 3. Increase in Department of Labor investigators to enforce labor 
                            standards.
Sec. 4. Increase in investigators in Office of Special Counsel for 
                            Immigration-Related Unfair Employment 
                            Practices to enforce antidiscrimination 
                            provisions.
Sec. 5. Subpoena and related authority.
Sec. 6. Reducing the number of employment verification documents.
Sec. 7. Increasing penalties for document fraud.
Sec. 8. Joint targeted efforts by the INS and the Department of Labor 
                            to investigate employer sanctions and labor 
                            standards.
Sec. 9. Employer education.
Sec. 10. Increasing civil money penalties for hiring, recruiting, and 
                            referral violations.
Sec. 11. Increasing penalties for repeated or willful violations of 
                            labor standards.
Sec. 12. Increasing civil money penalties for unfair immigration-
                            related employment practices.
Sec. 13. Immigration-related discrimination.
Sec. 14. Definitions.

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 
        14(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 14(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 14(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. SUBPOENA AND RELATED AUTHORITY.

    (a) Subpoena Authority for Designated Immigration Officers.--
Sections 274A(e)(2) and 274C(d)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(e)(2), 1324c(d)(1)) are each amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``, and''; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the date notice of an 
                intention to impose an order under this subsection is 
                provided.''.
    (b) Secretary of Labor Authority.--
            (1) 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. 294. (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.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 293 
        the following:

``Sec. 294. Secretary of Labor authority.''.

SEC. 6. REDUCING THE NUMBER OF EMPLOYMENT VERIFICATION DOCUMENTS.

    (a) In General.--Subparagraph (B) of section 274A(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
            (1) in clause (i), by adding ``or'' at the end;
            (2) in clause (v), by striking ``or other alien 
        registration card, if the card--'' and inserting ``alien 
        registration card, or other documentation designated by 
        regulation by the Attorney General, if the document--'';
            (3) in clause (v), by inserting ``and contains appropriate 
        security features'' before the period;
            (4) by striking clauses (ii), (iii), and (iv); and
            (5) by redesignating clause (v) as clause (ii).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to hiring, recruiting, or referring that occurs 
after such date (not later than 2 years after the date of the enactment 
of this Act) as the Attorney General shall specify.

SEC. 7. INCREASING PENALTIES FOR DOCUMENT FRAUD.

    (a) Criminal Penalties.--
            (1) Fraud and misuse of government-issued identification 
        documents.--Section 1028(b)(1) of title 18, United States Code, 
        is amended by striking ``five years'' and inserting ``10 
        years'' and by adding at the end the following new provision:
``Notwithstanding any other provision of this title, the maximum term 
of imprisonment that may be imposed for an offense under this section--
            ``(1) if committed to facilitate a drug trafficking crime 
        (as defined in section 929(a)) is 15 years; and
            ``(2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331) is 20 years.''.
            (2) Changes to the sentencing levels.--Pursuant to section 
        994 of title 28, United States Code, and section 21 of the 
        Sentencing Act of 1987, the United States Sentencing Commission 
        shall promptly promulgate guidelines, or amend existing 
        guidelines, to make appropriate increases in the base offense 
        levels for offenses under section 1028(a) of title 18, United 
        States Code.
    (b) Civil Penalties.--
            (1) Activities prohibited.--Section 274C(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1324c(a)) is 
        amended--
                    (A) in paragraph (3), by striking ``or'' at the 
                end;
                    (B) in paragraph (4), by striking the period and 
                inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(5) to present before boarding a common carrier for the 
        purpose of coming to the United States a document that relates 
        to the alien's eligibility to enter the United States and to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry, or
            ``(6) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made for the purpose of satisfying 
        a requirement of this Act.
The Attorney General may waive the penalties of this section with 
respect to an alien who knowingly violates paragraph (5) if the alien 
is subsequently granted asylum under section 208 or withholding of 
deportation under section 243(h). For the purposes of this section, a 
document relating to an individual shall be considered to be `falsely' 
made if the document was prepared with knowledge or in reckless 
disregard of the fact that the document contains false, fictitious, or 
fraudulent information or material misrepresentation, or fails to 
include a material fact pertaining to the individual.''.
            (2) Conforming amendments.--Section 274C(d)(3) of such Act 
        (8 U.S.C. 1324c(d)(3)) is amended by striking ``each document 
        used, accepted, or created and each instance of use, 
        acceptance, or recreation'' each place it appears in 
        subparagraphs (A) and (B) and inserting ``each document that is 
        the subject of a violation under subsection (a)''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
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. 8. 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 shall establish, in 
consultation with the Commissioner of Immigration and Naturalization 
and not later than 3 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 6 months after the date the 
Secretary of Labor and the Commissioner of Immigration and 
Naturalization have established the programs referred to in subsection 
(a), the National Performance Review in the Office of the Vice-
President shall assess the programs and identify the best strategies 
for targeting industries likely to violate both employer sanctions and 
labor standards.

SEC. 9. 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 
their responsibilities concerning employer sanctions, labor standards, 
and immigration-related antidiscrimination provisions.

SEC. 10. 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. 11. 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. 12. 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. 13. IMMIGRATION-RELATED DISCRIMINATION.

    (a) Study.--The Attorney General shall provide for a study on the 
effect increased enforcement of employer sanctions has on 
discrimination in the workplace based on national origin or citizenship 
since 1989.
    (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. 14. 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)).
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