He didn’t say IF it’s happening, he said IF a particular company does it, they should be penalized.
If they are doing it sounds like if it is really happening. A matter of sematics I guess, but a more honest statement would be “And all companies who are abusing it, will be prosecuted” leaving no doubt, not if you can prove to me that it is happening they need to be investigated. I find politicians leave all sorts of loopholes. Rather like what the meaning of is is.
Definition of if -
-used to talk about the result or effect of something that may happen or be true
-used to discuss the imaginary result or effect of something that did not happen or that is or was not true
-used to say that something must happen before another thing can happen
“And if companies are abusing it and laying off American workers, they need to be investigated, they need to be audited, if they’ve broken the law, they need to be prosecuted.”