I 
109TH CONGRESS 
1ST SESSION H. R. 4038 
To amend the Immigration and Nationality Act to improve enforcement 
of restrictions on employment in the United States of unauthorized aliens. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2005 
Mr. GONZALEZ (for himself and Mr. REYES) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Agriculture, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to improve 
enforcement of restrictions on employment in the United 
States of unauthorized aliens. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unlawful Employers 
Accountability Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) Current efforts to stem the tide of illegal 
immigrants crossing into the United States have 
fallen far short of need. 
(2) The number of illegal immigrants currently 
in the United States is approximating 11 million. 
(3) Cities, counties, and States are forced to 
absorb the costs of illegal immigration without com-
pensation from the Federal Government or employ-
ers. 
(4) United States companies continue to recruit 
and hire illegal immigrants and thereby aid in the 
erosion of the border security of the United States. 
(5) The hiring of illegal immigrants has had a 
negative impact on the employment opportunities of 
legal immigrants and United States citizens. 
(6) Federal law expressly prohibits the hiring of 
illegal immigrants. 
(7) In 2004, only three United States compa-
nies were cited for hiring illegal immigrants. 
SEC. 3. COMPLIANCE WITH RESPECT TO THE UNLAWFUL 
EMPLOYMENT OF ALIENS. 
(a) CIVIL PENALTY.—Paragraph (4) of subsection 
(e) of section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended to read as follows:
‘‘(4) CEASE AND DESIST ORDER WITH CIVIL 
MONEY PENALTY FOR HIRING, RECRUITING, AND RE-
FERRAL VIOLATIONS.— 
‘‘(A) IN GENERAL.—With respect to a vio-
lation by any person or other entity of sub-
section (a)(1)(A) or (a)(2), the Secretary of 
Homeland Security shall require the person or 
entity to cease and desist from such violations 
and to pay a civil penalty in the amount speci-
fied in subparagraph (B). 
‘‘(B) AMOUNT OF CIVIL PENALTY.—A civil 
penalty under this paragraph shall not be less 
than $50,000 for each occurrence of a violation 
described in subsection (a)(1)(A) or (a)(2) with 
respect to the alien referred to in such sub-
section, plus, in the event of the removal of 
such alien from the United States based on 
findings developed in connection with the as-
sessment or collection of such penalty, the costs 
incurred by the Federal Government, cooper-
ating State and local governments, and State 
and local law enforcement agencies, in connec-
tion with such removal. 
‘‘(C) DISTRIBUTION
OF
PENALTIES
TO 
STATE AND LOCAL GOVERNMENTS.—
‘‘(i) IN GENERAL.—Penalties collected 
under this paragraph from a person or en-
tity shall be distributed as follows: 
‘‘(I) 25 percent of such amount 
shall be distributed to the State in 
which the person or entity is located. 
‘‘(II) 25 percent of such amount 
shall be distributed to the county in 
which the person or entity is located. 
‘‘(III) 25 percent of such amount 
shall be distributed to the munici-
pality, if any, in which the person or 
entity is located, or, in the absence of 
such a municipality, to the county de-
scribed in subclause (II). 
‘‘(D) LIMITATION
ON
USE
OF
FUNDS.— 
Amounts paid to a State, county, or munici-
pality under subparagraph (C) may only be 
used for costs incurred by such State, county, 
or municipality in providing public services to 
aliens not lawfully present in the United States. 
‘‘(E) DISTINCT, PHYSICALLY
SEPARATE 
SUBDIVISIONS.—In applying this subsection in 
the case of a person or other entity composed 
of distinct, physically separate subdivisions each
of which provides separately for the hiring, re-
cruiting, or referring for employment, without 
reference to the practices of, and not under the 
control of or common control with, another sub-
division, each such subdivision shall be consid-
ered a separate person or other entity.’’. 
(b) DENIAL
OF AGRICULTURAL ASSISTANCE
FOR 
VIOLATORS.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(i) DENIAL OF AGRICULTURAL ASSISTANCE FOR 
VIOLATORS.—In the case of a violation of subsection 
(a)(1)(A) or (a)(2) by an agricultural association, agricul-
tural employer, or farm labor contractor (as defined in 
section 3 of the Migrant and Seasonal Agricultural Work-
er Protection Act (29 U.S.C. 1802)), such association, em-
ployer, or contractor shall be ineligible for agricultural as-
sistance described in paragraphs (1), (2), and (3) of sec-
tion 1211(a) of the Food Security Act of 1985 (16 U.S.C. 
3811(a)) for a period not to exceed five years.’’. 
(c) GOOD FAITH DEFENSE.— 
(1) IN
GENERAL.—Such section is further 
amended— 
(A) by striking subsection (a)(3); and 
(B) by striking subsection (b)(6).
(2) CONFORMING AMENDMENTS.—Such section 
is further amended— 
(A) in subsection (a)(5), by striking ‘‘para-
graphs (1)(B) and (3)’’ and inserting ‘‘para-
graph (1)(B)’’; and 
(B) in subsection (b)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘paragraphs (1)(B) and 
(3)’’ and inserting ‘‘paragraph (1)(B)’’; 
and 
(ii) by striking paragraph (6). 
(d) EMPLOYEE WHISTLEBLOWER PROTECTION.—It 
shall be unlawful for any employer, including an employer 
primarily engaged in agriculture, or any labor contractor 
to intimidate, threaten, restrain, coerce, retaliate, dis-
charge, demote, or in any other manner discriminate 
against an employee or former employee, regardless of the 
immigration status of such employee or former employee, 
because such employee or former employee— 
(1) has disclosed, is disclosing, or seeks to dis-
close to Federal, State, or local law enforcement au-
thorities information related to a violation of an ap-
plicable Federal labor law as defined by the Sec-
retary of Labor; or
(2) has cooperated, is cooperating, or seeks to 
cooperate in an investigation or other proceeding 
concerning compliance with such an applicable Fed-
eral labor law. 
(e) DISCLOSURE REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish, maintain, and regularly up-
date a publicly accessible website that contains a list 
of persons or other entities that the Secretary has 
determined to have been in violation of subsection 
(a)(1)(A) or (a)(2) of section 274A of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a) in the 
preceding five years. 
(2) CONTENTS
OF
WEBSITE.—Such website 
shall contain, with respect to each such person or 
entity, the following information: 
(A) The name, address, and telephone 
number of the person or entity. 
(B) The names of the owners, chief execu-
tive officers, or other similar officers of the per-
son or entity. 
(C) The number of unauthorized aliens (as 
defined in subsection (h)(3) of such section) 
found to be employed by the person or entity.
(D) The aggregate dollar amount that the 
person or entity has received in the preceding 
five years under any Federal contract. 
(f) EFFECTIVE DATE.—The amendments made by 
subsections (a), (b), and (c) shall take effect 30 days after 
the date of the enactment of this Act and shall apply to 
violations occurring on or after such effective date. 
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