I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES TO IMMIGRATION AND NATIONAL5 ITY ACT.

6 (a) SHORT TITLE.—This Act may be cited as the

7 ‘‘Employer Sanctions Improvement Act of 1993’’.

8 (b) TABLE OF CONTENTS.—The table of contents of

9 this Act is as follows:

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

Act.
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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.

1 (c) REFERENCES TO IMMIGRATION AND NATIONAL2 ITY ACT.—Except as otherwise expressly provided, when3 ever in this Act an amendment or repeal is expressed in

4 terms of an amendment to, or repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of Immigration and National7 ity Act.

8 TITLE I—PROMOTING ENFORCEMENT

9 SEC. 101. REMOVAL OF FEDERAL PREEMPTION FROM EM10 PLOYER SANCTIONS.

11 (a) IN GENERAL.—Section 274A(h)(2) (8 U.S.C.

12 1324a(h)(2)) is amended—

13 (1) by striking ‘‘PREEMPTION’’ and inserting

14 ‘‘NO PREEMPTION’’,
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1 (2) by inserting ‘‘do not’’ after ‘‘this section’’,

2 and

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

4 ‘‘(including’’.

5 (b) EFFECTIVE DATE.—The amendments made by

6 subsection (a) shall take effect on the date of the enact7 ment of this Act.

8 SEC. 102. CREATION OF PRIVATE RIGHT OF ACTION.

9 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a)

10 is amended by striking subsections (i) through (n) and in11 serting the following:

12 ‘‘(i) PRIVATE RIGHT OF ACTION.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), any person or other entity aggrieved by

15 a violation of subsection (a)(1) or (a)(2), may file a

16 charge respecting such violation with the Attorney

17 General. Charges shall be in writing under oath or

18 affirmation and shall contain such information as

19 the Attorney General requires. The Attorney General

20 by certified mail shall serve a notice of the charge

21 (including the date, place, and circumstances of the

22 alleged violation) on the person or other entity in23 volved within 10 days. If the Attorney General, dur24 ing the 120-day period after receiving such a charge

25 respecting the unlawful employment of aliens, has
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1 not provided notice under subsection (e)(3)(A) or

2 imposed an order described in paragraphs (3), (4),

3 or (5) of subsection (e), and no hearing has been re4 quested, the Attorney General shall so notify the

5 person or entity filing the charge and the person or

6 entity may file a complaint directly before an admin7 istrative law judge against the person or other entity

8 alleged to have committed the violation within 90

9 days after the date of receipt of the notice. The At10 torney General’s failure to take any action with re11 spect to a charge during such 120-day period shall

12 not affect the right of the Attorney General to inves13 tigate the charge, to give notice under subsection

14 (e)(3)(A), or to impose an order regarding the com15 plaint during such 90-day period. No complaint may

16 be filed under this paragraph with respect to an al17 leged violation occurring more than 180 days prior

18 to the date of the filing of the charge under this

19 paragraph with respect to such violation.

20 ‘‘(2) STATES.—Any State aggrieved by a viola21 tion of subsection (a)(1) or (a)(2), may file a com22 plaint directly before an administrative law judge

23 against the person or other entity alleged to have

24 committed the violation, without filing a charge or
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1 otherwise meeting the requirements of paragraph

2 (1).

3 ‘‘(3) ORDER.—In the case of a complaint filed

4 under paragraph (1) or (2) before an administrative

5 law judge regarding a person’s or other entity’s vio6 lation of subsection (a)(1) or (a)(2), if the judge

7 finds that such person or other entity has committed

8 such a violation, the judge may order the person or

9 other entity—

10 ‘‘(A) to pay the complainant liquidated

11 damages of not more than the maximum

12 amount of civil money penalties that may be

13 imposed under subsection (e)(4)(A) or (e)(5)

14 with respect to such violation, plus any attor15 ney’s fees under paragraph (4), and

16 ‘‘(B) to cease and desist from such viola17 tions.

18 ‘‘(4) ATTORNEY’S FEES.—In any complaint

19 brought under this subsection, the judge may grant

20 the prevailing party reasonable attorney’s fees if the

21 judge determines that the opposing party’s argu22 ment was without reasonable foundation in law and

23 fact.

24 ‘‘(5) JUDICIAL REVIEW AND ENFORCEMENT.—

25 The provisions of paragraphs (8) and (9) of sub-
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1 section (e) shall apply to a final order under this

2 subsection in the same manner as they apply to a

3 final order under subsection (e), except that any ref4 erence in such paragraph (9) to the Attorney Gen5 eral is deemed a reference to the complainant.’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall apply to violations occurring on or

8 after the date of enactment of this Act.

9 SEC. 103. STATE IMMIGRATION ASSISTANCE AND ENFORCE10 MENT GRANTS.

11 (a) IN GENERAL.—The Attorney General shall pro12 vide grants to States to assist the States, and localities

13 in the States—

14 (1) in implementing programs to impose sanc15 tions with respect to the employment of unauthor16 ized aliens in the State, and

17 (2) in meeting health, education, law enforce18 ment and other costs attributable to aliens unlaw19 fully present in the State.

20 (b) CONDITION OF ELIGIBILITY.—No State is eligible

21 for a grant under this section unless the State (and its

22 localities) cooperates with (and does not take any actions

23 that impede) the Attorney General in activities and pro24 grams designed to prevent or deter the entry of undocu25 mented aliens into the United States or to identify, appre-
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1 hend, and remove such aliens who are in the United

2 States.

3 (c) AMOUNT OF GRANTS.—The amount of grants to

4 States under this section shall be determined by the Attor5 ney General based on a formula established by the Attor6 ney General. Such formula shall take into account the

7 needs of qualified States (and localities therein) for the

8 assistance under subsection (a) and the extent of their co9 operation with the Attorney General under subsection (b).

10 (d) DISBURSEMENT AND USE OF FUNDS.—

11 (1) Payments of grants under this section shall

12 be made consistent with guidelines established by

13 the Attorney General in consultation with the

14 States.

15 (2) Not more than 5 percent of the funds paid

16 to any State under this section may be used for ad17 ministrative purposes.

18 (e) APPLICATION.—No grant shall be provided a

19 State under this section unless the State submits to the

20 Attorney General an application, in such form and manner

21 as the Attorney General may specify, and unless the Attor22 ney General approves such application.

23 (f) LIMITATION ON FEDERAL OVERHEAD.—The At24 torney General shall provide that not more than 2 percent

25 of the amount of funds disbursed to States under this sec-
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1 tion may be used by the Federal Government in the ad2 ministration of this section.

3 (g) ANNUAL REPORT.—The Attorney General shall

4 report annually to the Congress on the grants to States

5 provided under this section.

6 (h) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated in each of fiscal years

8 1995, 1996, and 1997, $100,000,000 to carry out this

9 section.

10 (i) STATE DEFINED.—In this section, the term

11 ‘‘State’’ has the meaning given such term in section

12 101(a)(36) of the Immigration and Nationality Act.

13 SEC. 104. REQUIRING STATE ENFORCEMENT AS A CONDI14 TION OF FEDERAL ASSISTANCE.

15 (a) IN GENERAL.—Section 503(a) of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

17 3753(a)) is amended by adding at the end the following

18 paragraph:

19 ‘‘(12) An assurance that the State either—

20 ‘‘(A) is actively enforcing the sanctions

21 provided under section 274A of the Immigra22 tion and Nationality Act, or

23 ‘‘(B) has enacted and is actively enforcing

24 civil or criminal sanctions, or both, designed to
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1 deter persons and other entities from knowingly

2 employing unauthorized aliens.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to grants for fiscal years begin5 ning with fiscal year 1996.

6 SEC. 105. PERMITTING COMPLAINTS OTHER THAN IN WRIT7 ING.

8 Section 274A(e)(1)(A) (8 U.S.C. 1324a(e)(1)(A)) is

9 amended by striking ‘‘to file written, signed complaints re10 specting potential’’ and inserting ‘‘to register complaints

11 in person, by toll-free telephone number, or by mail, con12 cerning allegations of’’.

13 SEC. 106. AUTHORIZING THE ATTORNEY GENERAL TO SEEK

14 JUDICIAL REVIEW OF ADVERSE DECISIONS.

15 (a) IN GENERAL.—Section 274A(e)(8) (8 U.S.C.

16 1324a(e)(8)) is amended by inserting ‘‘(including the At17 torney General)’’ after ‘‘A person or entity’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall apply to final orders entered before,

20 on, or after the date of the enactment of this Act.
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1 TITLE II—IMPROVING THE EMPLOYMENT

2 VERIFICATION SYSTEM

3 SEC. 201. ELIMINATING UNNECESSARY EMPLOYMENT VER4 IFICATION DOCUMENTS.

5 (a) CHANGES IN ACCEPTABLE DOCUMENTATION.—

6 Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—

7 (1) in subparagraph (B)—

8 (A) by striking clauses (ii), (iii), and (iv)

9 and redesignating clause (v) as clause (ii), and

10 (B) in clause (i), by adding at the end

11 ‘‘or’’;

12 (2) in subparagraph (C)—

13 (A) by inserting ‘‘or’’ after the semicolon

14 at the end of clause (i),

15 (B) by striking ‘‘or’’ at the end of clause

16 (ii) and inserting a period, and

17 (C) by striking clause (iii);

18 (3) in subparagraph (D), by striking ‘‘individ19 ual’s’’ and all that follows and inserting the follow20 ing: ‘‘individual’s driver’s license or similar docu21 ment issued for the purpose of identification by a

22 State, if it contains a photograph of the individual

23 or such other personal identifying information relat24 ing to the individual as the Attorney General finds,
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1 by regulation sufficient for purposes of this sec2 tion.’’; and

3 (4) by adding at the end the following new sub4 paragraph:

5 ‘‘(E) NO AUTHORITY FOR ADDITIONAL

6 DOCUMENTS.—Except as provided under sub7 section (d), the Attorney General is not author8 ized to expand the list of acceptable documents

9 described in subparagraphs (B), (C), and (D).’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall apply with respect to hiring (or re12 cruiting or referring) occurring on or after such date (not

13 later than 180 days after the date of the enactment of

14 this Act) as the Attorney General shall designate.

15 SEC. 202. AUTHORIZING THE ATTORNEY GENERAL TO IM16 PROVE THE EMPLOYMENT VERIFICATION

17 SYSTEM.

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

19 (1) by striking ‘‘President’’ and inserting ‘‘At20 torney General’’ each place it appears, and

21 (2) in the second sentence of paragraph

22 (3)(A)—

23 (A) by striking ‘‘proposes’’ and inserting ‘‘,

24 with the agreement of the Secretary of Health

25 and Human Services, proposes’’, and
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1 (B) by striking ‘‘shall transmit’’ and in2 serting ‘‘and such Secretary shall jointly trans3 mit’’.

4 SEC. 203. REPORT ON CONSOLIDATION OF DOCUMENTA5 TION EVIDENCING TEMPORARY WORK AU6 THORIZATION.

7 Not later than 90 days after the date of enactment

8 of this Act, the Attorney General shall submit to the Con9 gress a report that includes a description of the following:

10 (1) The various types of documents issued (or

11 recognized) by the Immigration and Naturalization

12 Service for purposes of demonstrating an alien’s au13 thority to work temporarily in the United States.

14 (2) The Service’s recent efforts to update or

15 otherwise consolidate such documentation into a sin16 gle tamper-resistant document.

17 (3) The costs associated with any such efforts.

18 (4) The status of current plans (if any) to fur19 ther update and consolidate such documentation.

20 (5) The advisability, feasibility, and cost of

21 eliminating from circulation (or otherwise replacing),

22 within 3 years after the date of the enactment of

23 this Act, the various forms of temporary work au24 thorization documentation with a single tamper-re25 sistant document.
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1 TITLE III—ADDITIONAL PENALTIES AND

2 INCREASES IN PENALTIES

3 SEC. 301. CIVIL PENALTIES FOR ALIENS EMPLOYED WITH4 OUT AUTHORIZATION.

5 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a),

6 as amended in section 102(a), is amended by adding at

7 the end the following new subsection:

8 ‘‘(j) MAKING EMPLOYMENT AS AN UNAUTHORIZED

9 ALIEN UNLAWFUL.—

10 ‘‘(1) IN GENERAL.—It is unlawful for an indi11 vidual—

12 ‘‘(A) to be employed in the United States

13 if such individual is an unauthorized alien with

14 respect to such employment, or

15 ‘‘(B) to be self-employed in the United

16 States if such individual is an alien who is not

17 lawfully admitted for permanent residence or

18 otherwise authorized to be self-employed in the

19 United States by this Act or by the Attorney

20 General.

21 ‘‘(2) CIVIL MONEY PENALTY.—With respect to

22 a violation of paragraph (1), the individual shall be

23 required to pay a civil penalty in an amount of not

24 less than $250 and not more than $2,000.
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1 ‘‘(3) APPLICATION OF CERTAIN PROCE2 DURES.—The procedures described in paragraphs

3 (3), (7), (8), and (9) of subsection (e) for the impo4 sition of orders under subsection (e)(4) shall apply

5 to the imposition of a civil penalty under paragraph

6 (2).’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall apply with respect to employment per9 formed on or after the date of enactment of this Act.

10 SEC. 302. PROHIBITION OF ADJUSTMENT OF STATUS FOR

11 UNLAWFUL EMPLOYMENT.

12 (a) IN GENERAL.—Section 245(c) (8 U.S.C. 1255(c))

13 is amended by striking ‘‘(other than an immediate relative

14 as defined in section 201(b) or a special immigrant de15 scribed in section 101(a)(27)(H), (J), or (K))’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply with respect to employment per18 formed on or after the date of enactment of this Act.

19 SEC. 303. INCREASED PENALTIES FOR VIOLATIONS OF EM20 PLOYER SANCTIONS.

21 (a) UNLAWFUL EMPLOYMENT OF ALIENS.—Section

22 274A(e) (8 U.S.C. 1324a(e)) is amended—

23 (1) in paragraph (4)(A)(i), by striking ‘‘$250

24 and not more than $2,000’’ and inserting ‘‘$500 and

25 not more than $4,000’’;
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1 (2) in paragraph (4)(A)(ii), by striking ‘‘$2,000

2 and not more than $5,000’’ and inserting ‘‘$4,000

3 and not more than $10,000’’;

4 (3) in paragraph (4)(A)(iii), by striking

5 ‘‘$3,000 and not more than $10,000’’ and inserting

6 ‘‘$10,000 and not more than $30,000’’; and

7 (4) in paragraph (5), by striking ‘‘$100 and not

8 more than $1,000’’ and inserting ‘‘$500 and not

9 more than $5,000’’.

10 (b) PATTERN OR PRACTICE VIOLATIONS.—Section

11 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by striking

12 ‘‘not more than’’ and all that follows through the period

13 and inserting ‘‘in accordance with title 18, United States

14 Code, for each unauthorized alien with respect to whom

15 such a violation occurs, imprisoned for not more than 2

16 years for the entire pattern or practice, or both.’’.

17 (c) PROHIBITION OF INDEMNITY BONDS.—Section

18 274A(g)(2) (8 U.S.C. 1324a(g)(2)) is amended by striking

19 ‘‘$1,000’’ and inserting ‘‘$2,000’’.

20 (d) DISCRIMINATION.—Section 274B(g)(2)(B)(iv) (8

21 U.S.C. 1324b(g)(2)(B)(iv)) is amended—

22 (1) in subclause (I), by striking ‘‘$250 and not

23 more than $2,000’’ and inserting ‘‘$500 and not

24 more than $4,000’’;
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1 (2) in subclause (II), by striking ‘‘$2,000 and

2 not more than $5,000’’ and inserting ‘‘$4,000 and

3 not more than $10,000’’;

4 (3) in subclause (III), by striking ‘‘$3,000 and

5 not more than $10,000’’ and inserting ‘‘$10,000 and

6 not more than $30,000’’; and

7 (4) in subclause (IV), by striking ‘‘$100 and

8 not more than $1,000’’ and inserting ‘‘$500 and not

9 more than $5,000’’.

10 (e) EFFECTIVE DATE.—The amendments made by

11 this section shall apply to violations occurring on or after

12 the date of the enactment of this Act.

13 SEC. 304. INCREASE IN CIVIL MONEY PENALTIES FOR DOC14 UMENT FRAUD.

15 (a) IN GENERAL.—Section 274C(d)(3) (8 U.S.C.

16 1324c(d)(3)) is amended—

17 (1) in subparagraph (A) by striking ‘‘$250 and

18 not more than $2,000’’ and inserting ‘‘$500 and not

19 more than $4,000’’; and

20 (2) in subparagraph (B) by striking ‘‘$2,000

21 and not more than $5,000’’ and inserting ‘‘$4,000

22 and not more than $10,000’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall apply to violations occurring on or

25 after the date of the enactment of this Act.
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