Page:United States Statutes at Large Volume 112 Part 4.djvu/679

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-650 "(ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H-IB nonimmigrant with the same other employer.". (d) SPOT INVESTIGATIONS DURING PROBATIONARY PERIOD. —Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is further amended by adding at the end the following: "(F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to meet the condition of paragraph (l)(G)(i)(II)) or to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of whether or not the employer is an H-lB-dependent employer. The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).". (e) ADDITIONAL INVESTIGATIVE AUTHORITY.— (1) IN GENERAL.— Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (d), is further amended by adding at the end the following: "(G)(i) If the Secretary receives specific credible information from a source, who is likely to have knowledge of an employer's practices or employment conditions, or an employer's compliance with the employer's labor condition application under paragraph (1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), or (l)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary may conduct a 30-day investigation into the alleged failure or failures. The Secretary (or the Acting Sec- Certification, retary in the case of the Secretary absence or disability) shall personally certify that the requirements for conducting such an mvestigation have been met and shall approve commencement of tile investigation. The Secretary may witWiold the identity of the source from the employer, and the source's identity shall not be subject to disclosure under section 552 of title 5, United States Code. "(ii) The Secretary shall establish a procedure for any person, desiring to provide to the Secretary information described in clause (i) that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of clause (iiiXII) (although an officer or employee of the Department of Labor may complete the form on behalf of the person). "(iii) Any investigation initiated or approved by the Secretary under clause (i) shall be based on information that satisfies the requirements of such clause and that (I) originates from a source other tiian an officer or employee of the D^artment of Labor,

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