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Full Text of this Amendment
At the appropriate place, insert the following:
SEC. __. LABOR CONDITION APPLICATION.
Section 424(a)(1) of the Consolidated Appropriations Act, 2005 (Public Law 108-447), which amends 212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), is amended--
(1) in clause (i) of the quoted material, by striking ``if the Secretary of Labor has reasonable cause to believe'' and all that follows and inserting ``with regard to the employer's compliance with the requirements under this subsection.'';
(2) in clause (ii), by striking ``and whose identity is known'' and all that follows through ``failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements under this subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as redesignated, by striking ``meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months'' and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months'';
(7) by amending clause (v), as redesignated, to read as follows:
``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure the compliance of the employer with
the requirements under this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.'';
(8) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section
556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and
(9) by inserting before the end quote the following:
``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (C).
(As printed in the Congressional Record for the Senate on Jul 8, 2009.)