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B-198205 1 (1980-05-20)

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                               COMPTROLLER GENERAL OF THIfE IJNITEC 5T-ATES
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              Tho Jionorable John M. Ashbrook
              Ranking Minority \Iember
              Labon MLaagqflment Relations Suboommi ttee
              Committee on Eiducation and Labor
              House of Representailves

              Deat' Mr. Ashbrook:
                  You trecently asked several quiestions concerning the legxity of the
              Department of Labor's (1OL) Employers of Undocumented Workers (EUWi
              Strike Force. Your queltions a ,tise in the context of a. limitation in tei
              Depais,.ment's F iscal Year 1979 apPtjopriation act, which stated:

                      None of the Cfundi appropreited by this title may he
                  uaed by the Depar tmene of Labor to carry out anty actt.
                  ;tty for or on behalf of any Individual who is an alien in
                  the United States In violation of the Immigration and
                  Nationality Act or any other law, convention, or treaty
                  of the United States relating to the immigration, exclusion,
                  deportation, or expulhion of aliens'
              Public Law No. 95-490, approved October 18, 197,8, 92 Stat. 1567, 1571
              § 102. The limitation waa first enuuoiated in Public Law No. 95-205, 91
              Stat. 1461, a contintiing resolution for DY 1978 which incorpora'ted the
              language of H.R. 7.555, 95th Cong., lstSess. (1977). The referenced bill
              included the illegal alien spending restriction. See Cong. Rec. H6022
              (daily ed. June 16, 1977). Again, in FY 1980 the limitation was .ncor-
              porated by reference in DOL's continuing resolution, Public ILhw No.
              96-123, approved November 20, 1979, 93 Stat. 923, 925 § 101(g), citing
              the terms and conditions in the DCL appropriation bill paised by the House
   (on August 2, 1979, a bill which included the restriction. Although we
              agree that the language of th, restriction is very broad in scope, we do
              riot think that it affects the activities of the EUW Strike Forces.

                  The so-called Strike Forces are teams of specially trained Wage
              and Hour compliance officers who investigate the personnel practice3 off
              employers in low skill, high turnover industries, where undocumented
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