To enhance the enforcement of labor protections for United States workers and guest workers.

SA 4106. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end, insert the following:

TITLE VIII--LABOR PROTECTIONS

SEC. 801. SHORT TITLE.

This title may be cited as the ``Enhanced Enforcement of
Labor Protections for United States Workers and Guest Workers
Act''.

SEC. 802. VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF 1938.

Section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216) is amended--
(1) in subsection (b), by striking ``equal amount as
liquidated damages'' the first place it appears and inserting
``amount equal to twice the amount of such unpaid minimum
wages or unpaid overtime compensation, as the case may be, as
liquidated damages''; and
(2) in subsection (e)--
(A) by striking ``$10,000'' and inserting ``$50,000''; and
(B) by striking ``$1,000'' and inserting ``$10,000''.

SEC. 803. VIOLATIONS OF THE OCCUPATIONAL SAFETY AND HEALTH
ACT.

(a) Civil Penalties.--Section 17 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 666) is amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting ``$100,000'';
(B) by striking ``$5,000'' and inserting ``$7,000''; and
(C) by adding at the end the following: ``If such a
violation causes the death of an employee, such civil penalty
amounts shall be increased to not more than $250,000 for such
violation, but not less than $50,000 for such violation.'';
(2) in subsection (b)--
(A) by striking ``$7,000'' and inserting ``$10,000''; and
(B) by adding at the end the following: ``If such a
violation causes the death of an employee, such civil penalty
amount shall be increased to not more than $50,000 for such
violation, but not less than $20,000 for such violation.'';
(3) in subsection (c)--
(A) by striking ``$7,000'' and inserting ``$10,000''; and
(B) by adding at the end the following: ``If such a
violation causes the death of an employee, such civil penalty
amount shall be increased to not more than $50,000 for such
violation, but not less than $20,000 for such violation.'';
(4) in subsection (d)--
(A) by striking ``$7,000'' and inserting ``$10,000''; and
(B) by adding at the end the following: ``If such a
violation causes the death of an employee, such civil penalty
amount shall be increased to not more than $50,000 for such
violation, but not less than $20,000 for such violation.'';
and
(5) in subsection (i), by striking ``$7,000'' and inserting
``$10,000''.
(b) Criminal Penalties.--
(1) In general.--Section 17 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 666) (as amended by subsection
(a)) is further amended--
(A) in subsection (e)--
(i) by striking ``fine of not more than $10,000'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code,'';
(ii) by striking ``six months'' and inserting ``10 years'';
(iii) by inserting ``under this subsection or subsection
(i)'' after ``first conviction of such person'';
(iv) by striking ``fine of not more than $20,000'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code,''; and
(v) by striking ``one year'' and inserting ``20 years'';
(B) in subsection (f), by striking ``fine of not more than
$1,000 or by imprisonment for not more than six months,'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not more than 2
years,'';
(C) in subsection (g), by striking ``fine of not more than
$10,000, or by imprisonment for not more than six months,''
and inserting ``fine in accordance with section 3571 of title
18, United States Code, or by imprisonment for not more than
1 year,'';
(D) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(E) by inserting after subsection (h) the following:
``(i) Any employer who willfully violates any standard,
rule, or order promulgated pursuant to section 6, or any
regulation prescribed pursuant to this Act, and that
violation causes serious bodily injury to any employee but
does not cause death to any employee, shall, upon conviction,
be punished by a fine in accordance with section 3571 of
title 18, United States Code, or by imprisonment for not more
than 5 years, or by both, except that if the conviction is
for a violation committed after a first conviction of such
person under this subsection or subsection (e), punishment
shall be by a fine in accordance with section 3571 of title
18, United States Code, or by imprisonment for not more than
10 years, or by both.''.
(2) Jurisdiction for prosecution under state and local
criminal laws.--Section 17 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 666) (as amended by this
section) is further amended by adding at the end the
following:
``(n) Nothing in this Act shall preclude a State or local
law enforcement agency from conducting criminal prosecutions
in accordance with the laws of such State or locality.''.
(3) Definition.--Section 3 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 652) is amended by adding at
the end the following:
``(15) The term `serious bodily injury' means bodily injury
that involves--
``(A) a substantial risk of death;
``(B) protracted unconsciousness;
``(C) protracted and obvious physical disfigurement; or
``(D) protracted loss or protracted impairment, of the
function of a bodily member, organ, or mental faculty.''.

SEC. 804. STRENGTHENING ENFORCEMENT.

(a) Injunctions Against Unfair Labor Practices During
Organizing Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after such''
and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting the
following: ``(1) Whenever it is charged that--
``(A)(i) any employer--
``(I) discharged or otherwise discriminated against an
employee in violation of subsection (a)(3) of section 8;
``(II) threatened to discharge or to otherwise discriminate
against an employee in violation of subsection (a)(1) of
section 8; or
``(III) engaged in any other unfair labor practice within
the meaning of subsection (a)(1) of section 8 that
significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed in section
7; and
``(ii) the discharge, discrimination, threat, or practice
described in clause (i) occurred--
``(I) while employees of that employer were seeking
representation by a labor organization; or
``(II) during the period after a labor organization was
recognized as a representative as described in section 9(a)
and before the first collective bargaining agreement was
entered into between the employer and the representative; or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C)
of section 8(b)(4), section 8(b)(7), or section 8(e);

the preliminary investigation of such charge shall be made
forthwith and given priority over all other cases except
cases of like character in the office where it is filed or to
which it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations (29 U.S.C. 160(m)) is amended by inserting
``under circumstances not described in section 10(l)(1)''
after ``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the
Board finds that an employer has discriminated against an
employee in violation of section 8(a)(3) while employees of
the employer were seeking representation by a labor
organization, or during the period after a labor organization
was recognized as a representative as described in section
9(a) and before the first collective bargaining agreement was
entered into between the employer and the representative, the
Board in such order shall award the employee an amount of
backpay and, in addition, 2 times that amount as liquidated
damages: Provided further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any''; and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any
unfair labor practice within the meaning of subsection (a)(1)
or (a)(3) of section 8 while employees of the employer were
seeking representation by a labor organization, or during the
period after a labor organization was recognized as a
representative as described in section 9(a) and before the
first collective bargaining contract was entered into between
the employer and the representative shall be subject to, in
addition to any make-whole remedy ordered, a civil penalty of
not more than $20,000 for each violation. In determining the
amount of any penalty under this subsection, the Board shall
consider the gravity of the unfair labor practice and the
impact of the unfair labor practice on the charging party, on
other persons seeking to exercise rights guaranteed by this
Act, or on the public interest.''.

SEC. 805. USE OF FEES.

(a) Fees Paid by H-2C Nonimmigrants.--Section 218A, as
added by section 403(a)(1) of this Act, is amended by
striking subsection (l) and inserting the following:

[[Page S4914]]

``(l) Collection of Fees.--Fees collected under this
section shall be allocated as follows:
``(1) 75 percent of such fees shall be deposited in the
Treasury in accordance with section 286(c).
``(2) 25 percent of such fees shall be deposited in the
Labor Law Enforcement Fund established in section 286(y).''.
(b) Fees Paid by Employers.--Section 218B, as added by
section 404(a) of this Act, is amended by striking subsection
(a) and inserting the following:
``(a) General Requirements.--
``(1) Employer requirements.--Each employer who employs an
H-2C nonimmigrant shall--
``(A) file a petition in accordance with subsection (b);
and
``(B) pay the appropriate fee, as determined by the
Secretary of Labor.
``(2) Use of fees.--The fees collected under paragraph
(1)(B) shall be allocated as follows:
``(A) 75 percent of such fees shall be deposited in the
Treasury in accordance with section 286(c).
``(B) 25 percent of such fees shall be deposited in the
Labor Law Enforcement Fund established in section 286(y).''.
(c) Labor Law Enforcement Fund.--Section 286 (8 U.S.C.
1356), as amended by sections 302 and 403(b), is further
amended by adding at the end the following new subsection:
``(y) Labor Law Enforcement Fund.--
``(1) In general.--There is established in the general fund
of the Treasury, a separate account, which shall be known as
the `Labor Law Enforcement Fund' (referred to in this
subsection as the `Fund').
``(2)  Deposits.--There shall be deposited as offsetting
receipts into the Fund the fees described in section
218A(l)(2) or 218B(a)(2).
``(3) Purpose.--Amounts deposited in the Fund shall be made
available to the Secretary of Labor to ensure that employers
in industries in the United States that employ a high
percentage of workers who are granted nonimmigrant status
under section 101(a)(15)(H)(ii)(c) comply with the provisions
of the Fair Labor Standards Act of 1938, the Occupational
Safety and Health Act of 1970, and section 218B(b)(2),
including ensuring such compliance by random audits of such
employers.
``(4) Availability of funds.--Amounts deposited into the
Fund shall remain available until expended and shall be
refunded out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Secretary of Labor.''.

SEC. 806. PROTECTION FOR WHISTLEBLOWERS.

Section 218A, as added by section 403(a)(1) of this Act, is
amended by striking subparagraph (A) of subsection (f)(3) and
inserting the following:
``(A) In general.--
``(i) Period of unemployment.--Except as provided in clause
(ii) and in subsection (c), the period of authorized
admission of an H-2C nonimmigrant shall terminate if the
alien is unemployed for a period of 60 or more consecutive
days.
``(ii) Extension of period.--

``(I) Authority.--The Secretary of Labor may extend the 60-
day period referred to in clause (i), if the alien has filed
a complaint with the Secretary of Labor that alleges that a
violation of a Federal labor law by the alien's employer
caused the alien's unemployment.
``(II) Determination.--Not later than 45 days after a
complaint referred to in subclause (I) is filed, the
Secretary of Labor shall make a determination whether an
extension under subclause (I) is warranted to resolve the
complaint.''.

SEC. 807. LIABILITY IN CERTAIN CASES BASED ON IMMIGRATION
STATUS.

Notwithstanding any other provision of law, an alien who is
subject to an unlawful employment practice by an employer may
not be denied backpay or other monetary relief for such
unlawful employment practice on the basis of the alien's
immigration status.

SEC. 808. DEPARTMENT OF LABOR BILINGUAL STAFF REQUIREMENT.

(a) Requirement for Bilingual Staff.--The Secretary of
Labor shall make every effort to ensure that, not later than
5 years after the date of enactment of this Act, not less
than 25 percent of the investigative staff of the Department
of Labor shall be fluent in a language in addition to
English. The requirement of this section shall not be grounds
for the termination of any employee employed by the
Department of Labor on the date of enactment of this Act, nor
for the reduction of any staff levels in the Department of
Labor as of such date.
(b) Annual Report.--The Secretary of Labor shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives an annual report on the
progress made to carry out subsection (a).
______