H.R. 3362 (103rd): Employer Sanctions Improvement Act of 1993

103rd Congress, 1993–1994. Text as of Oct 26, 1993 (Introduced).

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HR 3362 IH

103d CONGRESS

1st Session

H. R. 3362

To amend the Immigration and Nationality Act to strengthen sanctions relating to employment of unauthorized aliens.

IN THE HOUSE OF REPRESENTATIVES

October 26, 1993

Mr. MAZZOLI introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to strengthen sanctions relating to employment of unauthorized aliens.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO IMMIGRATION AND NATIONALITY ACT.

    (a) SHORT TITLE- This Act may be cited as the ‘Employer Sanctions Improvement Act of 1993’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents; references to Immigration and Nationality Act.

TITLE I--PROMOTING ENFORCEMENT

      Sec. 101. Removal of Federal preemption from employer sanctions.

      Sec. 102. Creation of private right of action.

      Sec. 103. State immigration assistance and enforcement grants.

      Sec. 104. Requiring State enforcement as a condition of Federal assistance.

      Sec. 105. Permitting complaints other than in writing.

      Sec. 106. Authorizing the Attorney General to seek judicial review of adverse decisions.

TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM

      Sec. 201. Eliminating unnecessary employment verification documents.

      Sec. 202. Authorizing the Attorney General to improve the employment verification system.

      Sec. 203. Report on consolidation of documentation evidencing temporary work authorization.

TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES

      Sec. 301. Civil penalties for aliens employed without authorization.

      Sec. 302. Prohibition of adjustment of status for unlawful employment.

      Sec. 303. Increased penalties for violations of employer sanctions.

      Sec. 304. Increase in civil money penalties for document fraud.

    (c) REFERENCES TO IMMIGRATION AND NATIONALITY ACT- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of Immigration and Nationality Act.

TITLE I--PROMOTING ENFORCEMENT

SEC. 101. REMOVAL OF FEDERAL PREEMPTION FROM EMPLOYER SANCTIONS.

    (a) IN GENERAL- Section 274A(h)(2) (8 U.S.C. 1324a(h)(2)) is amended--

      (1) by striking ‘PREEMPTION’ and inserting ‘NO PREEMPTION’,

      (2) by inserting ‘do not’ after ‘this section’, and

      (3) by striking ‘(other than’ and inserting ‘(including’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 102. CREATION OF PRIVATE RIGHT OF ACTION.

    (a) IN GENERAL- Section 274A (8 U.S.C. 1324a) is amended by striking subsections (i) through (n) and inserting the following:

    ‘(i) PRIVATE RIGHT OF ACTION-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), any person or other entity aggrieved by a violation of subsection (a)(1) or (a)(2), may file a charge respecting such violation with the Attorney General. Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Attorney General by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged violation) on the person or other entity involved within 10 days. If the Attorney General, during the 120-day period after receiving such a charge respecting the unlawful employment of aliens, has not provided notice under subsection (e)(3)(A) or imposed an order described in paragraphs (3), (4), or (5) of subsection (e), and no hearing has been requested, the Attorney General shall so notify the person or entity filing the charge and the person or entity may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation within 90 days after the date of receipt of the notice. The Attorney General’s failure to take any action with respect to a charge during such 120-day period shall not affect the right of the Attorney General to investigate the charge, to give notice under subsection (e)(3)(A), or to impose an order regarding the complaint during such 90-day period. No complaint may be filed under this paragraph with respect to an alleged violation occurring more than 180 days prior to the date of the filing of the charge under this paragraph with respect to such violation.

      ‘(2) STATES- Any State aggrieved by a violation of subsection (a)(1) or (a)(2), may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation, without filing a charge or otherwise meeting the requirements of paragraph (1).

      ‘(3) ORDER- In the case of a complaint filed under paragraph (1) or (2) before an administrative law judge regarding a person’s or other entity’s violation of subsection (a)(1) or (a)(2), if the judge finds that such person or other entity has committed such a violation, the judge may order the person or other entity--

        ‘(A) to pay the complainant liquidated damages of not more than the maximum amount of civil money penalties that may be imposed under subsection (e)(4)(A) or (e)(5) with respect to such violation, plus any attorney’s fees under paragraph (4), and

        ‘(B) to cease and desist from such violations.

      ‘(4) ATTORNEY’S FEES- In any complaint brought under this subsection, the judge may grant the prevailing party reasonable attorney’s fees if the judge determines that the opposing party’s argument was without reasonable foundation in law and fact.

      ‘(5) JUDICIAL REVIEW AND ENFORCEMENT- The provisions of paragraphs (8) and (9) of subsection (e) shall apply to a final order under this subsection in the same manner as they apply to a final order under subsection (e), except that any reference in such paragraph (9) to the Attorney General is deemed a reference to the complainant.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act.

SEC. 103. STATE IMMIGRATION ASSISTANCE AND ENFORCEMENT GRANTS.

    (a) IN GENERAL- The Attorney General shall provide grants to States to assist the States, and localities in the States--

      (1) in implementing programs to impose sanctions with respect to the employment of unauthorized aliens in the State, and

      (2) in meeting health, education, law enforcement and other costs attributable to aliens unlawfully present in the State.

    (b) CONDITION OF ELIGIBILITY- No State is eligible for a grant under this section unless the State (and its localities) cooperates with (and does not take any actions that impede) the Attorney General in activities and programs designed to prevent or deter the entry of undocumented aliens into the United States or to identify, apprehend, and remove such aliens who are in the United States.

    (c) AMOUNT OF GRANTS- The amount of grants to States under this section shall be determined by the Attorney General based on a formula established by the Attorney General. Such formula shall take into account the needs of qualified States (and localities therein) for the assistance under subsection (a) and the extent of their cooperation with the Attorney General under subsection (b).

    (d) DISBURSEMENT AND USE OF FUNDS-

      (1) Payments of grants under this section shall be made consistent with guidelines established by the Attorney General in consultation with the States.

      (2) Not more than 5 percent of the funds paid to any State under this section may be used for administrative purposes.

    (e) APPLICATION- No grant shall be provided a State under this section unless the State submits to the Attorney General an application, in such form and manner as the Attorney General may specify, and unless the Attorney General approves such application.

    (f) LIMITATION ON FEDERAL OVERHEAD- The Attorney General shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section.

    (g) ANNUAL REPORT- The Attorney General shall report annually to the Congress on the grants to States provided under this section.

    (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated in each of fiscal years 1995, 1996, and 1997, $100,000,000 to carry out this section.

    (i) STATE DEFINED- In this section, the term ‘State’ has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act.

SEC. 104. REQUIRING STATE ENFORCEMENT AS A CONDITION OF FEDERAL ASSISTANCE.

    (a) IN GENERAL- Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following paragraph:

      ‘(12) An assurance that the State either--

        ‘(A) is actively enforcing the sanctions provided under section 274A of the Immigration and Nationality Act, or

        ‘(B) has enacted and is actively enforcing civil or criminal sanctions, or both, designed to deter persons and other entities from knowingly employing unauthorized aliens.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to grants for fiscal years beginning with fiscal year 1996.

SEC. 105. PERMITTING COMPLAINTS OTHER THAN IN WRITING.

    Section 274A(e)(1)(A) (8 U.S.C. 1324a(e)(1)(A)) is amended by striking ‘to file written, signed complaints respecting potential’ and inserting ‘to register complaints in person, by toll-free telephone number, or by mail, concerning allegations of’.

SEC. 106. AUTHORIZING THE ATTORNEY GENERAL TO SEEK JUDICIAL REVIEW OF ADVERSE DECISIONS.

    (a) IN GENERAL- Section 274A(e)(8) (8 U.S.C. 1324a(e)(8)) is amended by inserting ‘(including the Attorney General)’ after ‘A person or entity’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to final orders entered before, on, or after the date of the enactment of this Act.

TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM

SEC. 201. ELIMINATING UNNECESSARY EMPLOYMENT VERIFICATION DOCUMENTS.

    (a) CHANGES IN ACCEPTABLE DOCUMENTATION- Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended--

      (1) in subparagraph (B)--

        (A) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii), and

        (B) in clause (i), by adding at the end ‘or’;

      (2) in subparagraph (C)--

        (A) by inserting ‘or’ after the semicolon at the end of clause (i),

        (B) by striking ‘or’ at the end of clause (ii) and inserting a period, and

        (C) by striking clause (iii);

      (3) in subparagraph (D), by striking ‘individual’s’ and all that follows and inserting the following: ‘individual’s driver’s license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation sufficient for purposes of this section.’; and

      (4) by adding at the end the following new subparagraph:

        ‘(E) NO AUTHORITY FOR ADDITIONAL DOCUMENTS- Except as provided under subsection (d), the Attorney General is not authorized to expand the list of acceptable documents described in subparagraphs (B), (C), and (D).’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply with respect to hiring (or recruiting or referring) occurring on or after such date (not later than 180 days after the date of the enactment of this Act) as the Attorney General shall designate.

SEC. 202. AUTHORIZING THE ATTORNEY GENERAL TO IMPROVE THE EMPLOYMENT VERIFICATION SYSTEM.

    Section 274A(d) (8 U.S.C. 1324a(d)) is amended--

      (1) by striking ‘President’ and inserting ‘Attorney General’ each place it appears, and

      (2) in the second sentence of paragraph (3)(A)--

        (A) by striking ‘proposes’ and inserting ‘, with the agreement of the Secretary of Health and Human Services, proposes’, and

        (B) by striking ‘shall transmit’ and inserting ‘and such Secretary shall jointly transmit’.

SEC. 203. REPORT ON CONSOLIDATION OF DOCUMENTATION EVIDENCING TEMPORARY WORK AUTHORIZATION.

    Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that includes a description of the following:

      (1) The various types of documents issued (or recognized) by the Immigration and Naturalization Service for purposes of demonstrating an alien’s authority to work temporarily in the United States.

      (2) The Service’s recent efforts to update or otherwise consolidate such documentation into a single tamper-resistant document.

      (3) The costs associated with any such efforts.

      (4) The status of current plans (if any) to further update and consolidate such documentation.

      (5) The advisability, feasibility, and cost of eliminating from circulation (or otherwise replacing), within 3 years after the date of the enactment of this Act, the various forms of temporary work authorization documentation with a single tamper-resistant document.

TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES

SEC. 301. CIVIL PENALTIES FOR ALIENS EMPLOYED WITHOUT AUTHORIZATION.

    (a) IN GENERAL- Section 274A (8 U.S.C. 1324a), as amended in section 102(a), is amended by adding at the end the following new subsection:

    ‘(j) MAKING EMPLOYMENT AS AN UNAUTHORIZED ALIEN UNLAWFUL-

      ‘(1) IN GENERAL- It is unlawful for an individual--

        ‘(A) to be employed in the United States if such individual is an unauthorized alien with respect to such employment, or

        ‘(B) to be self-employed in the United States if such individual is an alien who is not lawfully admitted for permanent residence or otherwise authorized to be self-employed in the United States by this Act or by the Attorney General.

      ‘(2) CIVIL MONEY PENALTY- With respect to a violation of paragraph (1), the individual shall be required to pay a civil penalty in an amount of not less than $250 and not more than $2,000.

      ‘(3) APPLICATION OF CERTAIN PROCEDURES- The procedures described in paragraphs (3), (7), (8), and (9) of subsection (e) for the imposition of orders under subsection (e)(4) shall apply to the imposition of a civil penalty under paragraph (2).’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act.

SEC. 302. PROHIBITION OF ADJUSTMENT OF STATUS FOR UNLAWFUL EMPLOYMENT.

    (a) IN GENERAL- Section 245(c) (8 U.S.C. 1255(c)) is amended by striking ‘(other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (J), or (K))’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act.

SEC. 303. INCREASED PENALTIES FOR VIOLATIONS OF EMPLOYER SANCTIONS.

    (a) UNLAWFUL EMPLOYMENT OF ALIENS- Section 274A(e) (8 U.S.C. 1324a(e)) is amended--

      (1) in paragraph (4)(A)(i), by striking ‘$250 and not more than $2,000’ and inserting ‘$500 and not more than $4,000’;

      (2) in paragraph (4)(A)(ii), by striking ‘$2,000 and not more than $5,000’ and inserting ‘$4,000 and not more than $10,000’;

      (3) in paragraph (4)(A)(iii), by striking ‘$3,000 and not more than $10,000’ and inserting ‘$10,000 and not more than $30,000’; and

      (4) in paragraph (5), by striking ‘$100 and not more than $1,000’ and inserting ‘$500 and not more than $5,000’.

    (b) PATTERN OR PRACTICE VIOLATIONS- Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by striking ‘not more than’ and all that follows through the period and inserting ‘in accordance with title 18, United States Code, for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both.’.

    (c) PROHIBITION OF INDEMNITY BONDS- Section 274A(g)(2) (8 U.S.C. 1324a(g)(2)) is amended by striking ‘$1,000’ and inserting ‘$2,000’.

    (d) DISCRIMINATION- Section 274B(g)(2)(B)(iv) (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended--

      (1) in subclause (I), by striking ‘$250 and not more than $2,000’ and inserting ‘$500 and not more than $4,000’;

      (2) in subclause (II), by striking ‘$2,000 and not more than $5,000’ and inserting ‘$4,000 and not more than $10,000’;

      (3) in subclause (III), by striking ‘$3,000 and not more than $10,000’ and inserting ‘$10,000 and not more than $30,000’; and

      (4) in subclause (IV), by striking ‘$100 and not more than $1,000’ and inserting ‘$500 and not more than $5,000’.

    (e) EFFECTIVE DATE- The amendments made by this section shall apply to violations occurring on or after the date of the enactment of this Act.

SEC. 304. INCREASE IN CIVIL MONEY PENALTIES FOR DOCUMENT FRAUD.

    (a) IN GENERAL- Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended--

      (1) in subparagraph (A) by striking ‘$250 and not more than $2,000’ and inserting ‘$500 and not more than $4,000’; and

      (2) in subparagraph (B) by striking ‘$2,000 and not more than $5,000’ and inserting ‘$4,000 and not more than $10,000’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act.