I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF

4 GAO FINDINGS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Immigration Anti-Discrimination Improvement Act of

7 1993’’.

8 (b) CONGRESSIONAL APPROVAL OF GAO FIND9 INGS.—The Congress approves the findings of the Comp10 troller General contained in the General Accounting Office
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1 (GAO) report entitled ‘‘Immigration Reform: Employer

2 Sanctions and the Question of Discrimination’’, dated

3 March 29, 1990 (identification number GAO/GGD–90–

4 92).

5 SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF

6 ANTI-DISCRIMINATION PROVISIONS.

7 (a) IN GENERAL.—Section 274B(c) of the Immigra8 tion and Nationality Act (8 U.S.C. 1324b(c)) is amended

9 by adding at the end the following new paragraph:

10 ‘‘(5) USE OF FUNDS.—Notwithstanding section

11 3302 of title 31, United States Code, all civil pen12 alties collected under this section shall be credited to

13 the appropriation to be used in carrying out this sec14 tion.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to penalties assessed during fis17 cal years beginning with fiscal year 1994.

18 SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPE19 CIFIC ENFORCEMENT.

20 In addition to any other accounts authorized to be

21 appropriated, there are authorized to be appropriated for

22 each fiscal year (beginning with fiscal year 1994),

23 $10,000,000 for activities of regional offices of the Special

24 Counsel for Immigration-Related Unfair Employment

25 Practices within the Department of Justice.
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1 SEC. 4. ANNUAL REPORTS.

2 Section 274B of the Immigration and Nationality Act

3 (8 U.S.C. 1324b) is amended by adding at the end the

4 following new subsection:

5 ‘‘(m) ANNUAL REPORTS.—

6 ‘‘(1) GAO.—The Comptroller General shall sub7 mit to Congress each year a report concerning—

8 ‘‘(A) the pervasiveness of unfair immigra9 tion-related employment practices described in

10 subsection (a), and

11 ‘‘(B) enforcement under this section with

12 respect to such practices.

13 ‘‘(2) ATTORNEY GENERAL.—The Attorney Gen14 eral shall submit to Congress each year a report on

15 the enforcement actions under this section (and

16 under title VII of the Civil Rights Act of 1964) with

17 respect to unfair immigration-related employment

18 practices described in subsection (a).’’.

19 SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OF20 FICES.

21 Section 274B(c)(4) of the Immigration and National22 ity Act (8 U.S.C. 1324b(c)(4)) is amended by adding at

23 the end the following: ‘‘The Special Counsel shall provide

24 for agreements with Federal and State agencies involved

25 with enforcement of laws relating to prohibiting discrimi26 nation on the basis of national origin under which such
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1 agencies would receive charges respecting unfair immigra2 tion-related employment practices under this section and

3 promptly forward such charges to the Special Counsel.’’.

4 SEC. 6. NATIONAL HOTLINE.

5 Section 274B(c)(2) of the Immigration and National6 ity Act (8 U.S.C. 1324b(c)(2)) is amended by adding at

7 the end the following new sentence: ‘‘The Special Counsel

8 shall establish a national, toll-free telephone service to re9 ceive charges of unfair immigration-related employment

10 practices and otherwise provide for such outreach efforts

11 as will educate the public concerning the provisions of this

12 section.’’.

13 SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL

14 GOVERNMENTS.

15 The Attorney General, through or in consultation

16 with the Special Counsel for Immigration-Related Unfair

17 Employment Practices, shall provide technical assistance

18 to States and local governments concerning the provisions

19 of section 274A and 274B of the Immigration and Nation20 ality Act and the roles provided for receipt of charges of

21 violations of such sections.

22 SEC. 8. MONITORING PANEL.

23 The Attorney General shall establish a monitoring

24 panel, composed of citizens, representatives of the Mexican

25 American Legal Defense and Education Fund, La Raza,
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1 and other community-based organizations, civil rights

2 groups, public interest groups, and nonprofit foundations,

3 to monitor the application of the anti-discrimination provi4 sions in section 274B of the Immigration and Nationality

5 Act and to report annually to the Attorney General and

6 the Congress respecting such implementation.

7 SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS AD8 DITIONAL SANCTION FOR PERVASIVE VIOLA9 TORS.

10 (a) IN GENERAL.—Section 274B(g)(2) of the Immi11 gration and Nationality Act (8 U.S.C. 1324b(g)(2)) is

12 amended by adding at the end the following new subpara13 graph:

14 ‘‘(E) ADDITIONAL REMEDY.—If an admin15 istrative law judge determines that a person or

16 entity has engaged in or is engaging in a perva17 sive pattern of unfair immigration-related em18 ployment practices, the judge may order the

19 person or entity to be disqualified from being

20 issued any contract under Federal law during a

21 period of up to 1 year.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall apply to unfair immigration-related

24 employment practices occurring on or after the date of the

25 enactment of this Act.
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