Immigration Anti-Discrimination Improvement Act of 1992

Immigration Anti-Discrimination Improvement Act of 1992 - Expresses congressional approval of a specified General Accounting Office immigration employment discrimination report.

Increases budget authority for Department of Justice regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices.

Amends the Immigration and Nationality Act with regard to unfair immigration-related employment provisions to: (1) authorize penalties collected under such provisions to be used in carrying out enforcement activities; (2) require inclusion of enforcement and related activities in certain reports to the Congress; (3) establish a national toll-free telephone hotline; and (4) subject persons who engage in pervasive violations of such provisions to a one-year Federal contract disqualification.

Directs the Attorney General to appoint a citizens and community group panel, including members of specified Mexican-American organizations, to monitor the application of such anti-discrimination provisions and to report annually to the Attorney General and to the Congress.

 
HR 4478 IH
102d CONGRESS
2d Session
 H. R. 4478
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 17, 1992
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.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS.
  (a) SHORT TITLE- This Act may be cited as the `Immigration
  Anti-Discrimination Improvement Act of 1992'.
  (b) CONGRESSIONAL APPROVAL OF GAO FINDINGS- The Congress approves the
  findings of the Comptroller General contained in the General Accounting
  Office (GAO) report entitled `Immigration Reform: Employer Sanctions and
  the Question of Discrimination', dated March 29, 1990 (identification
  number GAO/GGD-90-92).
SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION
PROVISIONS.
  (a) IN GENERAL- Section 274B(c) of the Immigration and Nationality Act (8
  U.S.C. 1324b(c)) is amended by adding at the end the following new paragraph:
  `(5) USE OF FUNDS- Notwithstanding section 3302 of title 31, United States
  Code, all civil penalties collected under this section shall be credited
  to the appropriation to be used in carrying out this section.'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  penalties assessed during fiscal years beginning with fiscal year 1993.
SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT.
  In addition to any other accounts authorized to be appropriated, there are
  authorized to be appropriated for each fiscal year (beginning with fiscal
  year 1993), $10,000,000 for activities of regional offices of the Special
  Counsel for Immigration-Related Unfair Employment Practices within the
  Department of Justice.
SEC. 4. ANNUAL REPORTS.
  Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b)
  is amended by adding at the end the following new subsection:
  `(m) Annual Reports-
  `(1) GAO- The Comptroller General shall submit to Congress each year a
  report concerning--
  `(A) the pervasiveness of unfair immigration-related employment practices
  described in subsection (a), and
  `(B) enforcement under this section with respect to such practices.
  `(2) ATTORNEY GENERAL- The Attorney General shall submit to Congress
  each year a report on the enforcement actions under this section (and
  under title VII of the Civil Rights Act of 1964) with respect to unfair
  immigration-related employment practices described in subsection (a).'.
SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES.
  Section 274B(c)(4) of the Immigration and Nationality Act (8
  U.S.C. 1324b(c)(4)) is amended by adding at the end the following: `The
  Special Counsel shall provide for agreements with Federal and State agencies
  involved with enforcement of laws relating to prohibiting discrimination
  on the basis of national origin under which such agencies would receive
  charges respecting unfair immigration-related employment practices under
  this section and promptly forward such charges to the Special Counsel.'.
SEC. 6. NATIONAL HOTLINE.
  Section 274B(c)(2) of the Immigration and Nationality Act (8
  U.S.C. 1324b(c)(2)) is amended by adding at the end the following new
  sentence: `The Special Counsel shall establish a national, toll-free
  telephone service to receive charges of unfair immigration-related employment
  practices and otherwise provide for such outreach efforts as will educate
  the public concerning the provisions of this section.'.
SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS.
  The Attorney General, through or in consultation with the Special Counsel
  for Immigration-Related Unfair Employment Practices, shall provide technical
  assistance to States and local governments concerning the provisions of
  section 274A and 274B of the Immigration and Nationality Act and the roles
  provided for receipt of charges of violations of such sections.
SEC. 8. MONITORING PANEL.
  The Attorney General shall establish a monitoring panel, composed of
  citizens, representatives of the Mexican American Legal Defense and
  Education Fund, La Raza, and other community-based organizations, civil
  rights groups, public interest groups, and nonprofit foundations, to
  monitor the application of the anti-discrimination provisions in section
  274B of the Immigration and Nationality Act and to report annually to the
  Attorney General and the Congress respecting such implementation.
SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR PERVASIVE
VIOLATORS.
  (a) IN GENERAL- Section 274B(g)(2) of the Immigration and Nationality Act
  (8 U.S.C. 1324b(g)(2)) is amended by adding at the end the following new
  subparagraph:
  `(E) ADDITIONAL REMEDY- If an administrative law judge determines that a
  person or entity has engaged in or is engaging in a pervasive pattern of
  unfair immigration-related employment practices, the judge may order the
  person or entity to be disqualified from being issued any contract under
  Federal law during a period of up to 1 year.'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  unfair immigration-related employment practices occurring on or after the
  date of the enactment of this Act.