II

103D CONGRESS

2D SESSION S. 1987

To ensure fair and effective enforcement of immigration and labor laws

in the United States, to promote naturalization among eligible aliens,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 25 (legislative day, FEBRUARY 22), 1994

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To ensure fair and effective enforcement of immigration and

labor laws in the United States, to promote naturalization among eligible aliens, and for other purposes.

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.

4 This Act may be cited as the ‘‘Immigration Enforce5 ment Reform Act of 1994’’.
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1 TITLE I—LABOR EXPLOITATION

2 TASK FORCE

3 SEC. 101. ESTABLISHMENT.

4 (a) IN GENERAL.—The Secretary of Labor shall es5 tablish within the Employment Standards Administration

6 a task force to be known as the Labor Exploitation Task

7 Force (hereafter in this title referred to as the ‘‘Task

8 Force’’).

9 (b) COMPOSITION.—The Task Force shall be com10 posed of members who are appointed by the Secretary of

11 Labor.

12 SEC. 102. DUTIES.

13 (a) MANDATORY.—The Task Force shall—

14 (1) assist the Secretary of Labor in the enforce15 ment of the Fair Labor Standards Act of 1938, the

16 Occupational Health and Safety Act, and any other

17 Federal laws related to labor;

18 (2) identify industries that have a history of

19 violating laws with respect to labor, work place safe20 ty and health, or illegal immigration;

21 (3) in coordination with other Federal agencies

22 and State and local agencies, develop an interagency

23 strategy to monitor, investigate, and inspect indus24 tries for violations of laws with respect to labor,

25 work place safety and health, or illegal immigration,
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1 including, to the extent practicable, the conduct of

2 joint inspections of industries by Federal agencies

3 and State and local enforcement agencies);

4 (4) advise a State or local enforcement agency

5 on the implementation of any strategic activity de6 scribed in paragraph (3) at the local level;

7 (5) develop and define basic principles of con8 duct that enforcement personnel are to follow during

9 an inspection or investigation described in paragraph

10 (3) or during other contact with the public;

11 (6) develop a system that centralizes Federal,

12 State, and local data bases with respect to industries

13 that have violated the labor, work place safety and

14 health, or illegal immigration laws enforced by each

15 participating enforcement agency; and

16 (7) disseminate information to State and local

17 agencies on the successful outcomes of the investiga18 tive, inspection, and preventive activities described in

19 paragraph (3).

20 (b) DISCRETIONARY.—The Task Force may seek ad21 vice from, or coordinate efforts to encourage cooperation

22 among, Federal agencies concerned with the prevention of

23 illegal immigration and the hiring and exploitation of un24 documented immigrants.
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1 SEC. 103. CIVIL PENALTIES.

2 (a) INCREASE IN FINES.—For the purposes described

3 in subsection (b), the Secretary of Labor may increase

4 fines prescribed by Federal law with respect to labor law

5 violations.

6 (b) USE OF AMOUNT OF FINES.—The Secretary of

7 Labor shall use the excess amount collected from a fine

8 increased under subsection (a) for additional labor en9 forcement personnel, equipment, or the provision of incen10 tives to encourage State and local enforcement agencies

11 to cooperate in the activities described in section

12 102(a)(3).

13 SEC. 104. PROHIBITION ON RETALIATION.

14 An employer may not retaliate against an employee

15 (including the termination of such employee) for participa16 tion or cooperation in any investigative, inspection, or pre17 ventive activity carried out under this title.

18 SEC. 105. DEFINITION.

19 For purposes of this title, the term ‘‘State and local

20 enforcement agencies’’ means a State or local govern21 mental entity that is responsible for the enforcement of

22 laws related to labor.
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1 TITLE II—CITIZENSHIP

2 PROMOTION

3 SEC. 201. CITIZENSHIP PROMOTION BUREAU WITHIN THE

4 DEPARTMENT OF JUSTICE.

5 (a) ESTABLISHMENT.—There is established within

6 the Department of Justice a Citizenship Promotion

7 Bureau.

8 (b) DIRECTOR.—The Bureau shall be headed by a

9 Director of Citizenship Promotion, who shall be a natural10 ized citizen of the United States and who shall be ap11 pointed by the President, by and with the advice and con12 sent of the Senate.

13 (c) PURPOSE.—The Bureau shall be responsible for

14 the implementation of a comprehensive program of en15 couraging and assisting immigrants to become naturalized

16 citizens as soon as they become eligible to do so.

17 (d) COOPERATIVE AGREEMENTS.—The Director is

18 authorized to enter into cooperative agreements with Fed19 eral, State, and local governmental agencies and with pri20 vate entities to carry out the purpose of the Bureau.

21 (e) TRANSFER OF FUNCTIONS, PERSONNEL, AND AS22 SETS.—The Attorney General shall transfer to the Bureau

23 established all functions, personnel, and assets which the

24 Immigration and Naturalization Service exercised, em25 ployed, or held before the date of the enactment of this
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1 Act in carrying out its responsibilities relating to citizen2 ship and naturalization.

3 SEC. 202. NATIONAL CITIZENSHIP ADVISORY BOARD.

4 (a) ESTABLISHMENT.—The Director is authorized to

5 establish a national citizenship advisory board for the pur6 pose of providing advice and recommendations to the Di7 rector on matters relating to the granting of citizenship

8 status to aliens lawfully admitted for permanent residence

9 in the United States.

10 (b) APPLICABILITY OF FEDERAL ADVISORY COMMIT11 TEE ACT.—The advisory board shall be subject to the pro12 visions of the Federal Advisory Committee Act (5 U.S.C.

13 Appendix 2).

14 SEC. 203. NATURALIZATION FEE ACCOUNT.

15 (a) ESTABLISHMENT.—(1) There is established in

16 the Treasury of the United States a Naturalization Fee

17 Account, which shall consist of the fees described in sub18 section (b).

19 (2) Funds in the Account shall be available to carry

20 out the activities of the Bureau.

21 (b) TRANSFER OF FEES.—Fees collected by the Bu22 reau in connection with the performance of naturalization

23 services shall be deposited in the account established

24 under subsection (a).
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1 (c) FEE LEVELS.—(1) The Director shall review and

2 reevaluate the amount of each fee charged for the per3 formance of naturalization services.

4 (2) The Director shall assure that the total amount

5 of fees collected would cover the full cost of efficiently pro6 viding such services, including the costs of administering

7 the Bureau and performing related outreach activities.

8 (3) The Director shall, by regulation, prescribe the

9 amount of each fee to cover the costs described in para10 graph (2).

11 (d) ANNUAL REPORT.—Not later than one year after

12 the date of enactment of this Act, and every year there13 after, the Attorney General and the Director shall jointly

14 submit a report to Congress which—

15 (1) assesses the financial condition of the Natu16 ralization Fee Account; and

17 (2) describes the activities of the Bureau.

18 SEC. 204. REDESIGNATION OF IMMIGRATION AND NATU19 RALIZATION SERVICE.

20 (a) REDESIGNATION.—Effective on the date of enact21 ment of this Act, the Immigration and Naturalization

22 Service shall be referred to as the Immigration Service.

23 (b) CONFORMING AMENDMENTS.—(1) Section

24 101(a)(34) of the Immigration and Nationality Act (8
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1 U.S.C. 1101(a)(34) is amended by striking ‘‘and Natu2 ralization’’.

3 (2) Section 4 of the Act entitled ‘‘An Act to establish

4 the Department of Commerce and Labor’’, approved Feb5 ruary 14, 1903 (8 U.S.C. 1551) is amended by striking

6 ‘‘and Naturalization’’.

7 (3) Section 7 of the Act entitled ‘‘An Act in amend8 ment to the various acts related to immigration and the

9 importation of aliens under contract or agreement to per10 form labor, approved March 3, 1891 (8 U.S.C. 1552) is

11 amended by striking ‘‘and Naturalization’’.

12 SEC. 205. REFERENCES.

13 Reference in any other Federal law, Executive order,

14 rule, regulation, or delegation of authority, or any docu15 ment of or relating to—

16 (1) the Attorney General or the Commissioner

17 with regard to functions transferred under section

18 201, shall be deemed to refer to the Director;

19 (2) the Service with regard to functions trans20 ferred under section 201, shall be deemed to refer

21 to the Bureau; and

22 (3) the Immigration and Naturalization Service

23 shall be deemed to refer to the Immigration Service.
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1 TITLE III—IMMIGRATION

2 ENFORCEMENT PRACTICES

3 SEC. 301. IMMIGRATION ENFORCEMENT COMPLAINTS.

4 (a) ESTABLISHMENT OF OFFICE.—There shall be es5 tablished in the Department of Justice the Office of Immi6 gration Enforcement Complaints.

7 (b) COMMISSIONER.—There shall be at the head of

8 the Office an Immigration Enforcement Complaint Com9 missioner, who shall be appointed by the President, by and

10 with the advice and consent of the Senate. The Commis11 sioner shall be directly responsible to the Attorney General

12 for carrying out his duties.

13 (c) DUTIES.—The Commissioner shall—

14 (1) have power to investigate any complaint of

15 an unlawful immigration enforcement practice;

16 (2) make recommendations on specific policy

17 and disciplinary actions to the Attorney General

18 with respect to employees of the Department;

19 (3) make recommendations to the Attorney

20 General for the reform of procedures applicable to

21 the investigation of complaints of unlawful immigra22 tion enforcement practices and for disciplinary ac23 tion against Department employees who engaged in

24 such action; and
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1 (4) make recommendations to the Attorney

2 General with respect to bringing prosecutions

3 against employees of the Department who committed

4 criminal offenses in the course of an unlawful immi5 gration enforcement practice.

6 (d) COMPENSATION.—The Commissioner is entitled

7 to receive compensation at a rate not to exceed the maxi8 mum rate payable for a position above GS–15 of the Gen9 eral Schedule, under section 5332 of title 5, United States

10 Code.

11 (e) REGIONAL OFFICES.—The Commissioner, in ac12 cordance with regulations of the Attorney General, shall

13 establish such regional offices as may be necessary to

14 carry out his duties.

15 (f) EARLY WARNING PROGRAM.—The Commissioner

16 shall develop a system of procedures, that may be referred

17 to as the ‘‘early warning program’’, that is designed—

18 (1) to identify Border Patrol officers who have

19 been the subject of an excessive number of legiti20 mate complaints of unlawful immigration enforce21 ment practices;

22 (2) to provide assistance to such officers in

23 avoiding such difficulty in the future, including the

24 provision of training in communication techniques,

25 conflict resolution, and stress management; and
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1 (3) to recommend discipline where appropriate.

2 (g) PROTECTION AGAINST RETALIATION.—It shall be

3 unlawful for the Department, or any officer thereof, to dis4 criminate against any employee or applicant for employ5 ment because the individual has opposed any practice

6 made an unlawful immigration enforcement practice by

7 this section or because the individual has made a charge,

8 testified, assisted, or participated in any manner in an in9 vestigation, proceeding, or hearing under this section.

10 (h) RECORDS.—The Commissioner shall collect and

11 maintain records on all complaints of unlawful immigra12 tion enforcement practices filed with the Department.

13 (i) ANNUAL REPORT.—Beginning one year after the

14 date of enactment of this Act, and every year thereafter,

15 the Commissioner shall submit a report to Congress set16 ting forth a statistical summary of the complaints of un17 lawful immigration enforcement practices filed with the

18 Department during the preceding 12-month period.

19 (j) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Commissioner

21 such sums as may be necessary to carry out this section.

22 (k) DEFINITIONS.—For purposes of this section—

23 (1) the term ‘‘Commissioner’’ means the Immi24 gration Enforcement Complaint Commissioner ap25 pointed under subsection (a);
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1 (2) the term ‘‘Department’’ means the Depart2 ment of Justice; and

3 (3) the term ‘‘unlawful immigration enforce4 ment practice’’ means the excessive use of force, or

5 demonstrated difficulty in dealing appropriately with

6 members of the public, in the course of carrying out

7 immigration enforcement activities.

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