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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]

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.

    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 ``Immigration Enforcement Reform Act 
of 1994''.

                 TITLE I--LABOR EXPLOITATION TASK FORCE

SEC. 101. ESTABLISHMENT.

    (a) In General.--The Secretary of Labor shall establish within the 
Employment Standards Administration a task force to be known as the 
Labor Exploitation Task Force (hereafter in this title referred to as 
the ``Task Force'').
    (b) Composition.--The Task Force shall be composed of members who 
are appointed by the Secretary of Labor.

SEC. 102. DUTIES.

    (a) Mandatory.--The Task Force shall--
            (1) assist the Secretary of Labor in the enforcement of the 
        Fair Labor Standards Act of 1938, the Occupational Health and 
        Safety Act, and any other Federal laws related to labor;
            (2) identify industries that have a history of violating 
        laws with respect to labor, work place safety and health, or 
        illegal immigration;
            (3) in coordination with other Federal agencies and State 
        and local agencies, develop an interagency strategy to monitor, 
        investigate, and inspect industries for violations of laws with 
        respect to labor, work place safety and health, or illegal 
        immigration, including, to the extent practicable, the conduct 
        of joint inspections of industries by Federal agencies and 
        State and local enforcement agencies);
            (4) advise a State or local enforcement agency on the 
        implementation of any strategic activity described in paragraph 
        (3) at the local level;
            (5) develop and define basic principles of conduct that 
        enforcement personnel are to follow during an inspection or 
        investigation described in paragraph (3) or during other 
        contact with the public;
            (6) develop a system that centralizes Federal, State, and 
        local data bases with respect to industries that have violated 
        the labor, work place safety and health, or illegal immigration 
        laws enforced by each participating enforcement agency; and
            (7) disseminate information to State and local agencies on 
        the successful outcomes of the investigative, inspection, and 
        preventive activities described in paragraph (3).
    (b) Discretionary.--The Task Force may seek advice from, or 
coordinate efforts to encourage cooperation among, Federal agencies 
concerned with the prevention of illegal immigration and the hiring and 
exploitation of undocumented immigrants.

SEC. 103. CIVIL PENALTIES.

    (a) Increase in Fines.--For the purposes described in subsection 
(b), the Secretary of Labor may increase fines prescribed by Federal 
law with respect to labor law violations.
    (b) Use of Amount of Fines.--The Secretary of Labor shall use the 
excess amount collected from a fine increased under subsection (a) for 
additional labor enforcement personnel, equipment, or the provision of 
incentives to encourage State and local enforcement agencies to 
cooperate in the activities described in section 102(a)(3).

SEC. 104. PROHIBITION ON RETALIATION.

    An employer may not retaliate against an employee (including the 
termination of such employee) for participation or cooperation in any 
investigative, inspection, or preventive activity carried out under 
this title.

SEC. 105. DEFINITION.

    For purposes of this title, the term ``State and local enforcement 
agencies'' means a State or local governmental entity that is 
responsible for the enforcement of laws related to labor.

                    TITLE II--CITIZENSHIP PROMOTION

SEC. 201. CITIZENSHIP PROMOTION BUREAU WITHIN THE DEPARTMENT OF 
              JUSTICE.

    (a) Establishment.--There is established within the Department of 
Justice a Citizenship Promotion Bureau.
    (b) Director.--The Bureau shall be headed by a Director of 
Citizenship Promotion, who shall be a naturalized citizen of the United 
States and who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (c) Purpose.--The Bureau shall be responsible for the 
implementation of a comprehensive program of encouraging and assisting 
immigrants to become naturalized citizens as soon as they become 
eligible to do so.
    (d) Cooperative Agreements.--The Director is authorized to enter 
into cooperative agreements with Federal, State, and local governmental 
agencies and with private entities to carry out the purpose of the 
Bureau.
    (e) Transfer of Functions, Personnel, and Assets.--The Attorney 
General shall transfer to the Bureau established all functions, 
personnel, and assets which the Immigration and Naturalization Service 
exercised, employed, or held before the date of the enactment of this 
Act in carrying out its responsibilities relating to citizenship and 
naturalization.

SEC. 202. NATIONAL CITIZENSHIP ADVISORY BOARD.

    (a) Establishment.--The Director is authorized to establish a 
national citizenship advisory board for the purpose of providing advice 
and recommendations to the Director on matters relating to the granting 
of citizenship status to aliens lawfully admitted for permanent 
residence in the United States.
    (b) Applicability of Federal Advisory Committee Act.--The advisory 
board shall be subject to the provisions of the Federal Advisory 
Committee Act (5 U.S.C. Appendix 2).

SEC. 203. NATURALIZATION FEE ACCOUNT.

    (a) Establishment.--(1) There is established in the Treasury of the 
United States a Naturalization Fee Account, which shall consist of the 
fees described in subsection (b).
    (2) Funds in the Account shall be available to carry out the 
activities of the Bureau.
    (b) Transfer of Fees.--Fees collected by the Bureau in connection 
with the performance of naturalization services shall be deposited in 
the account established under subsection (a).
    (c) Fee Levels.--(1) The Director shall review and reevaluate the 
amount of each fee charged for the performance of naturalization 
services.
    (2) The Director shall assure that the total amount of fees 
collected would cover the full cost of efficiently providing such 
services, including the costs of administering the Bureau and 
performing related outreach activities.
    (3) The Director shall, by regulation, prescribe the amount of each 
fee to cover the costs described in paragraph (2).
    (d) Annual Report.--Not later than one year after the date of 
enactment of this Act, and every year thereafter, the Attorney General 
and the Director shall jointly submit a report to Congress which--
            (1) assesses the financial condition of the Naturalization 
        Fee Account; and
            (2) describes the activities of the Bureau.

SEC. 204. REDESIGNATION OF IMMIGRATION AND NATURALIZATION SERVICE.

    (a) Redesignation.--Effective on the date of enactment of this Act, 
the Immigration and Naturalization Service shall be referred to as the 
Immigration Service.
    (b) Conforming Amendments.--(1) Section 101(a)(34) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(34) is amended by 
striking ``and Naturalization''.
    (2) Section 4 of the Act entitled ``An Act to establish the 
Department of Commerce and Labor'', approved February 14, 1903 (8 
U.S.C. 1551) is amended by striking ``and Naturalization''.
    (3) Section 7 of the Act entitled ``An Act in amendment to the 
various acts related to immigration and the importation of aliens under 
contract or agreement to perform labor, approved March 3, 1891 (8 
U.S.C. 1552) is amended by striking ``and Naturalization''.

SEC. 205. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or relating 
to--
            (1) the Attorney General or the Commissioner with regard to 
        functions transferred under section 201, shall be deemed to 
        refer to the Director;
            (2) the Service with regard to functions transferred under 
        section 201, shall be deemed to refer to the Bureau; and
            (3) the Immigration and Naturalization Service shall be 
        deemed to refer to the Immigration Service.

              TITLE III--IMMIGRATION ENFORCEMENT PRACTICES

SEC. 301. IMMIGRATION ENFORCEMENT COMPLAINTS.

    (a) Establishment of Office.--There shall be established in the 
Department of Justice the Office of Immigration Enforcement Complaints.
    (b) Commissioner.--There shall be at the head of the Office an 
Immigration Enforcement Complaint Commissioner, who shall be appointed 
by the President, by and with the advice and consent of the Senate. The 
Commissioner shall be directly responsible to the Attorney General for 
carrying out his duties.
    (c) Duties.--The Commissioner shall--
            (1) have power to investigate any complaint of an unlawful 
        immigration enforcement practice;
            (2) make recommendations on specific policy and 
        disciplinary actions to the Attorney General with respect to 
        employees of the Department;
            (3) make recommendations to the Attorney General for the 
        reform of procedures applicable to the investigation of 
        complaints of unlawful immigration enforcement practices and 
        for disciplinary action against Department employees who 
        engaged in such action; and
            (4) make recommendations to the Attorney General with 
        respect to bringing prosecutions against employees of the 
        Department who committed criminal offenses in the course of an 
        unlawful immigration enforcement practice.
    (d) Compensation.--The Commissioner is entitled to receive 
compensation at a rate not to exceed the maximum rate payable for a 
position above GS-15 of the General Schedule, under section 5332 of 
title 5, United States Code.
    (e) Regional Offices.--The Commissioner, in accordance with 
regulations of the Attorney General, shall establish such regional 
offices as may be necessary to carry out his duties.
    (f) Early Warning Program.--The Commissioner shall develop a system 
of procedures, that may be referred to as the ``early warning 
program'', that is designed--
            (1) to identify Border Patrol officers who have been the 
        subject of an excessive number of legitimate complaints of 
        unlawful immigration enforcement practices;
            (2) to provide assistance to such officers in avoiding such 
        difficulty in the future, including the provision of training 
        in communication techniques, conflict resolution, and stress 
        management; and
            (3) to recommend discipline where appropriate.
    (g) Protection Against Retaliation.--It shall be unlawful for the 
Department, or any officer thereof, to discriminate against any 
employee or applicant for employment because the individual has opposed 
any practice made an unlawful immigration enforcement practice by this 
section or because the individual has made a charge, testified, 
assisted, or participated in any manner in an investigation, 
proceeding, or hearing under this section.
    (h) Records.--The Commissioner shall collect and maintain records 
on all complaints of unlawful immigration enforcement practices filed 
with the Department.
    (i) Annual Report.--Beginning one year after the date of enactment 
of this Act, and every year thereafter, the Commissioner shall submit a 
report to Congress setting forth a statistical summary of the 
complaints of unlawful immigration enforcement practices filed with the 
Department during the preceding 12-month period.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner such sums as may be necessary to carry 
out this section.
    (k) Definitions.--For purposes of this section--
            (1) the term ``Commissioner'' means the Immigration 
        Enforcement Complaint Commissioner appointed under subsection 
        (a);
            (2) the term ``Department'' means the Department of 
        Justice; and
            (3) the term ``unlawful immigration enforcement practice'' 
        means the excessive use of force, or demonstrated difficulty in 
        dealing appropriately with members of the public, in the course 
        of carrying out immigration enforcement activities.

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