S.Amdt. 1434
What it does: 7 changes: inserts text, replaces text in 6 places
Sen. Richard Blumenthal (D-CT)What it changes
7 changes to S. 744
Change 1: Inserts new text on page 1439, between lines 10 and 11
InsertsPrinted pageInserted: (c) Suspension of Enforcement Actions During Workplace Investigations of Protected Workplace Activities..--Section 274A (8 U.S.C. 12324a), as amended by section 3101, is further amended by adding at the end of subsection (e) the following:
Inserted: "(10) Suspension of civil worksite enforcement actions during workplace investigations or protected workplace activities for protection of workers' rights.--
Inserted: "(A) In general.--To ensure that enforcement actions of U.S. Immigrations and Customs Enforcement are consistent with laws protecting the rights of workers and workplace rights, the Secretary may not initiate or continue a civil worksite enforcement action--
Inserted: "(i) at a facility where an investigation of violations of workplace rights by another government agency or body is ongoing; or
Inserted: "(ii) directed at employees who are engaged in a protected workplace activity.
Inserted: "(B) Requirements before commencement of enforcement actions.--
Inserted: "(i) No initiation without determination.--Whenever the Secretary contemplates initiating a civil worksite enforcement action, the Secretary shall first determine whether either conditions set forth in clause (i) or (ii) of subparagraph (A) are met.
Inserted: "(ii) Manner of making determination.--The Secretary shall make each determination required by clause (i) by all means reasonably available to the Secretary and appropriate under the circumstances, including, but not limited to--
Inserted: "(I) by contacting the Department of Labor, which shall act as a repository for reports or claims filed concerning protected workplace activity (including reports and claims filed with government agencies or bodies); and
Inserted: "(II) by reviewing records of the Secretary of previous enforcement actions, if any, at the facility concerned.
Inserted: "(iii) Department of labor assistance.--The Secretary of Labor shall assist the Secretary in making determinations under this subparagraph by providing timely and accurate information to allow for identification of civil worksite enforcement actions at facilities.
Inserted: "(C) Definitions.--In this paragraph:
Show 4 more inserted paragraphsShow less
Inserted: "(i) Enforcement action.--The term 'enforcement action' includes the civil authority of Immigration and Customs Enforcement to inspect Forms I-9, to investigate referrals received from the electronic employment eligibility verification program of the U.S. Citizenship and Immigration Services, to investigate, to search, to fine, and to make civil arrests for violations of immigration law relating to employment of aliens without work authorization.
Inserted: "(ii) Government agency or body.--The term 'government agency or body' including any Federal, State, or local government entity.
Inserted: "(iii) Protected workplace activity.--The term 'protected workplace activity' includes the assertion or exercise of any workplace rights.
Inserted: "(iv) Workplace rights.--The term 'workplace rights' has the meaning given that term in section 274A(b)(8).".
Original wording
On page 1439, between lines 10 and 11, insert the following:
Change 2: Rewrites page 1439, lines 11–13
ReplacesPrinted pageRemoves page 1439, lines 11–13 of the printed bill. See that page
Inserted: (d) Temporary Stay of Removal.--Section 274A (8 U.S.C. 1324a), as amended by section 3101 and subsection (c), is further amended--
Original wording
On page 1439, strike lines 11 through 13 and insert the following:
Change 3: Replaces “(10)” with “(11)”
[struck: (10)][inserted: (11)]Original wording
On page 1439, line 16, strike “(10)” and insert “(11)”.
Change 4: Replaces “(d)” with “(e)”
[struck: (d)][inserted: (e)]Original wording
On page 1442, line 4, strike “(d)” and insert “(e)”.
Change 5: Replaces “(e)” with “(f)”
[struck: (e)][inserted: (f)]Original wording
On page 1442, line 21, strike “(e)” and insert “(f)”.
Change 6: Replaces “(f)” with “(g)”
[struck: (f)][inserted: (g)]Original wording
On page 1443, line 3, strike “(f)” and insert “(g)”.
Change 7: Replaces “(g)” with “(h)”
[struck: (g)][inserted: (h)]Original wording
On page 1445, line 5, strike “(g)” and insert “(h)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1434. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1439, between lines 10 and 11, insert the following:
(c) Suspension of Enforcement Actions During Workplace Investigations of Protected Workplace Activities..--Section 274A (8 U.S.C. 12324a), as amended by section 3101, is further amended by adding at the end of subsection (e) the following:
“(10) Suspension of civil worksite enforcement actions during workplace investigations or protected workplace activities for protection of workers' rights.--
“(A) In general.--To ensure that enforcement actions of U.S. Immigrations and Customs Enforcement are consistent with laws protecting the rights of workers and workplace rights, the Secretary may not initiate or continue a civil worksite enforcement action--
“(i) at a facility where an investigation of violations of workplace rights by another government agency or body is ongoing; or
“(ii) directed at employees who are engaged in a protected workplace activity.
“(B) Requirements before commencement of enforcement actions.--
“(i) No initiation without determination.--Whenever the Secretary contemplates initiating a civil worksite enforcement action, the Secretary shall first determine whether either conditions set forth in clause (i) or (ii) of subparagraph (A) are met.
“(ii) Manner of making determination.--The Secretary shall make each determination required by clause (i) by all means reasonably available to the Secretary and appropriate under the circumstances, including, but not limited to--
“(I) by contacting the Department of Labor, which shall act as a repository for reports or claims filed concerning protected workplace activity (including reports and claims filed with government agencies or bodies); and
“(II) by reviewing records of the Secretary of previous enforcement actions, if any, at the facility concerned.
“(iii) Department of labor assistance.--The Secretary of Labor shall assist the Secretary in making determinations under this subparagraph by providing timely and accurate information to allow for identification of civil worksite enforcement actions at facilities.
“(C) Definitions.--In this paragraph:
“(i) Enforcement action.--The term ‘enforcement action' includes the civil authority of Immigration and Customs Enforcement to inspect Forms I-9, to investigate referrals received from the electronic employment eligibility verification program of the U.S. Citizenship and Immigration Services, to investigate, to search, to fine, and to make civil arrests for violations of immigration law relating to employment of aliens without work authorization.
“(ii) Government agency or body.--The term ‘government agency or body' including any Federal, State, or local government entity.
“(iii) Protected workplace activity.--The term ‘protected workplace activity' includes the assertion or exercise of any workplace rights.
“(iv) Workplace rights.--The term ‘workplace rights' has the meaning given that term in section 274A(b)(8).”.
On page 1439, strike lines 11 through 13 and insert the following:
(d) Temporary Stay of Removal.--Section 274A (8 U.S.C. 1324a), as amended by section 3101 and subsection (c), is further amended--
On page 1439, line 16, strike “(10)” and insert “(11)”.
On page 1442, line 4, strike “(d)” and insert “(e)”.
On page 1442, line 21, strike “(e)” and insert “(f)”.
On page 1443, line 3, strike “(f)” and insert “(g)”.
On page 1445, line 5, strike “(g)” and insert “(h)”.
Legislative Activity
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Senate amendment submitted
June 20, 2013