I
103D CONGRESS
2D SESSION
H. R. 4053
To expand the scope of unfair immigration-related employment practices
and protections under the Immigration and Nationality Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1994
Mr. BECERRA (for himself, Mr. BEILENSON, Mr. BERMAN, Mr. FARR of Cali-
fornia, Mr. FILNER, Ms. ROYBAL-ALLARD, Mr. TORRES, Mr. DELLUMS,
Mr. DIXON, Mr. SERRANO, Ms. VELA´ZQUEZ, and Mr. PASTOR) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To expand the scope of unfair immigration-related employ-
ment practices and protections under the Immigration
and Nationality Act.
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 ‘‘Immigration-Related
Employment 
Anti-Discrimination 
Enhancement 
and
Enforcement Act of 1994’’.
SEC. 2. TERMS AND CONDITIONS OF EMPLOYMENT.
Section 274B of the Immigration and Nationality Act
(8 U.S.C. 1324b) is amended—
(1) in subsection (a)(1) by inserting ‘‘terms and
conditions of employment,’’ after ‘‘hiring,’’;
(2) in subsection (a)(2) by inserting ‘‘, or to
give preferential terms and conditions of employ-
ment to,’’ after ‘‘refer’’;
(3) in subsection (g)(2)(D) by striking ‘‘employ-
ment,’’ and inserting ‘‘employment or the terms and
conditions of employment,’’; and
(4) in subsection (k)(1) by inserting ‘‘terms and
conditions of employment,’’ and ‘‘hiring,’’.
SEC. 3. DISPARATE IMPACT CLAIMS.
Section 274B(d)(2) of the Immigration and National-
ity Act (8 U.S.C. 1324b(d)(2)) is amended by inserting
‘‘, causes a disparate impact on the basis of an unfair im-
migration-related employment practice,’’ after ‘‘inten-
tional discriminatory activity’’.
SEC. 4. COMPENSATORY AND PUNITIVE DAMAGES AS REM-
EDIES.
Section 274B(g)(2)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324b(g)(2)(B)) is amended—
(1) at the end of clause (vii) by striking ‘‘and’’;
(2) at the end of clause (viii) by striking the pe-
riod and inserting ‘‘; and’’; and
(3) by adding after clause (viii) the following
new clause:
‘‘(ix) to pay compensatory and puni-
tive damages to individuals directly and
adversely affected.’’.
SEC. 5. LIMITATION ON BACK PAY REMEDY.
Section 274B(g)(2)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by
striking the first sentence.
SEC. 6. DEFINITION OF PROTECTED INDIVIDUAL.
Section 274B(a)(3)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1324b(a)(3)(B)(i)) is amended to
read as follows: ‘‘(i) an alien who fails to apply for natu-
ralization within 90 days after filing a citizenship status
discrimination charge with the Office of Special Counsel
if the alien is a lawful permanent resident and is eligible
(by virtue of a period of lawful permanent residence) to
apply for naturalization and’’.
SEC. 7. AUTHORIZATION OF ADDITIONAL APPROPRIATION
FOR IMMIGRATION-RELATED EMPLOYMENT
ANTIDISCRIMINATION ENFORCEMENT.
There are authorized to be appropriated for fiscal
year 1994 $10,000,000 to increase the number of inves-
tigators and testers, and to expand outreach activities for
employers and protected individuals under section 274B
of the Immigration and Nationality Act.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect
the date of enactment.
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