271 
recommendations on jurisdiction and proce-
dures that shall be instituted to seek adequate 
and timely review of such decision. 
‘‘(C) COMPENSATION FOR ERROR.— 
‘‘(i) IN GENERAL.—In cases in which 
such judicial review reverses the final de-
termination of the Secretary made under 
paragraph (19), the court shall compensate 
the individual for lost wages. 
‘‘(ii) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work schedule 
that prevailed prior to termination. The in-
dividual shall be compensated for wages 
lost beginning on the first scheduled work 
day after employment was terminated and 
ending 180 days after completion of the ju-
dicial review described in this paragraph or 
the day after the individual is reinstated or 
obtains employment elsewhere, whichever 
occurs first. 
‘‘(21) ENFORCEMENT OF VIOLATIONS.—No pri-
vate right of action shall exist for any claim based 
on a violation of this section. The Government of the 
United States shall have exclusive enforcement au-
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thority over violations of this section and shall use 
only the powers, penalties, and mechanisms found in 
this section. This paragraph shall apply to all cases 
in which a final judgment has not been entered prior 
to or on the date of enactment of the STRIVE Act 
of 2007. 
‘‘(22) SAFE
HARBOR
FOR
CONTRACTORS.—A 
person shall not be liable for a violation of para-
graph (1)(A), (1)(B), or (2) of subsection (a) with 
respect to the hiring or continuation of employment 
of an unauthorized alien by a subcontractor of that 
person unless the person knew that the subcon-
tractor hired or continued to employ such alien in 
violation of such a paragraph. 
‘‘(23) STATUTORY CONSTRUCTION.—Nothing in 
this subsection shall affect any existing rights and 
obligations of employers or employees under other 
Federal, State, or local laws. 
‘‘(d) COMPLIANCE.— 
‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 
Secretary shall establish procedures— 
‘‘(A) for a person to file a complaint re-
garding a potential violation of paragraph 
(1)(A), (1)(B), or (2) of subsection (a); 
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‘‘(B) for the investigation of any such com-
plaint that the Secretary determines is appro-
priate to investigate; and 
‘‘(C) for the investigation of such other 
violation of paragraph (1)(A), (1)(B), or (2) of 
subsection (a) that the Secretary determines is 
appropriate. 
‘‘(2) AUTHORITY IN INVESTIGATIONS.— 
‘‘(A) IN GENERAL.—In conducting inves-
tigations and hearings under this subsection, of-
ficers and employees of the Department of 
Homeland Security, if designated by the Sec-
retary, may compel by subpoena the attendance 
of witnesses and the production of evidence at 
any designated place in an investigation or case 
under this subsection. 
‘‘(B) FAILURE TO COOPERATE.—In case of 
refusal to obey a subpoena lawfully issued 
under subparagraph (A), the Secretary may re-
quest that the Attorney General apply in an ap-
propriate district court of the United States for 
an order requiring compliance with such sub-
poena, and any failure to obey such order may 
be punished by such court as contempt. 
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274 
‘‘(C) DEPARTMENT OF LABOR.—The Sec-
retary of Labor shall have the investigative au-
thority provided under section 11(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
211(a)) to ensure compliance with the provi-
sions of this section, or any regulation or order 
issued under this section. 
‘‘(3) COMPLIANCE PROCEDURES.— 
‘‘(A) PREPENALTY
NOTICE.—If the Sec-
retary has reasonable cause to believe that 
there has been a violation of a requirement of 
this section and determines that further pro-
ceedings related to such violation are war-
ranted, the Secretary shall issue to the em-
ployer concerned a written notice of the Sec-
retary’s intention to issue a claim for a fine or 
other penalty. Such notice shall— 
‘‘(i) describe the violation; 
‘‘(ii) specify the laws and regulations 
allegedly violated; 
‘‘(iii) disclose the material facts which 
establish the alleged violation; and 
‘‘(iv) inform such employer that the 
employer shall have a reasonable oppor-
tunity to make representations as to why a 
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claim for a monetary or other penalty 
should not be imposed. 
‘‘(B) REMISSION OR MITIGATION OF PEN-
ALTIES.— 
‘‘(i) PETITION BY EMPLOYER.—If an 
employer receives written notice of a fine 
or other penalty in accordance with sub-
paragraph (A), the employer may file with-
in 45 days from receipt of such notice, 
with the Secretary a petition for the remis-
sion or mitigation of such fine or penalty, 
or a petition for termination of the pro-
ceedings. The petition may include any rel-
evant evidence or proffer of evidence the 
employer wishes to present, and shall be 
filed and considered in accordance with 
procedures to be established by the Sec-
retary. 
‘‘(ii) REVIEW BY SECRETARY.—If the 
Secretary finds that such fine or other 
penalty was incurred erroneously, or finds 
the existence of such mitigating cir-
cumstances as to justify the remission or 
mitigation of such fine or penalty, the Sec-
retary may remit or mitigate such fine or 
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other penalty on the terms and conditions 
as the Secretary determines are reasonable 
and just, or order termination of any pro-
ceedings related to the notice. Such miti-
gating circumstances may include good 
faith compliance and participation in, or 
agreement to participate in, the System, if 
not otherwise required. 
‘‘(iii) APPLICABILITY.—This subpara-
graph may not apply to an employer that 
has or is engaged in a pattern or practice 
of violations of paragraph (1)(A), (1)(B), 
or (2) of subsection (a) or of any other re-
quirements of this section. 
‘‘(C) PENALTY CLAIM.—After considering 
evidence and representations offered by the em-
ployer pursuant to subparagraph (B), the Sec-
retary shall determine whether there was a vio-
lation and promptly issue a written final deter-
mination setting forth the findings of fact and 
conclusions of law on which the determination 
is based and the appropriate penalty. 
‘‘(4) CIVIL PENALTIES.— 
‘‘(A) HIRING OR CONTINUING TO EMPLOY 
UNAUTHORIZED
ALIENS.—Any employer that 
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violates paragraph (1)(A) or (2) of subsection 
(a) shall pay civil penalties as follows: 
‘‘(i) Pay a civil penalty of not less 
than $500 and not more than $4,000 for 
each unauthorized alien with respect to 
each such violation. 
‘‘(ii) If the employer has previously 
been fined 1 time within the preceding 12 
months under this subparagraph, pay a 
civil penalty of not less than $4,000 and 
not more than $10,000 for each unauthor-
ized alien with respect to each such viola-
tion. 
‘‘(iii) If the employer has previously 
been fined more than 1 time within the 
preceding 12 months under this subpara-
graph or has failed to comply with a pre-
viously issued and final order related to 
any such provision, pay a civil penalty of 
not less than $6,000 and not more than 
$20,000 for each unauthorized alien with 
respect to each such violation. 
‘‘(B) RECORD KEEPING OR VERIFICATION 
PRACTICES.—Any employer that violates or fails 
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to comply with paragraph (1)(B) of subsection 
(a) shall pay a civil penalty as follows: 
‘‘(i) Pay a civil penalty of not less 
than $200 and not more than $2,000 for 
each such violation or failure. 
‘‘(ii) If the employer has previously 
been fined 1 time within the preceding 12 
months under this subparagraph, pay a 
civil penalty of not less than $400 and not 
more than $4,000 for each such violation 
of failure. 
‘‘(iii) If the employer has previously 
been fined more than 1 time within the 
preceding 12 months under this subpara-
graph or has failed to comply with a pre-
viously issued and final order related to 
such requirements, pay a civil penalty of 
$6,000 for each such violation or failure. 
‘‘(iv) SPECIAL RULE GOVERNING PA-
PERWORK VIOLATION.—In the case where 
an employer commits a violation of this 
section that is deemed to be purely a pa-
perwork violation where the Secretary fails 
to establish any intent to hire an individual 
who is not unauthorized for employment in 
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