Employer Sanctions Improvement Act of 1993

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.

                                 

HR 3362 IH----2

Summary: TABLE OF CONTENTS: 
     Title I:  Promoting Enforcement 
     Title II:  Improving the Employment Verification System 
     Title III:  Additional Penalties and Increases in Penalties 
Employer Sanctions Improvement Act of 1993 - 
Title I:  Promoting Enforcement
 - Amends Federal immigration law to repeal the Federal preemption of State law regarding sanctions against the employment of unauthorized aliens. 
Creates a private right of action for violation of Federal law prohibiting employment of unauthorized aliens. 
Directs the Attorney General to provide grants to the States for immigration assistance and enforcement.  Authorizes appropriations. 
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition Federal assistance upon assurances that the recipient State actively enforces sanctions against the employment of unauthorized aliens. 
Amends Federal immigration law to permit complaints alleging employment of unauthorized aliens to be registered in person or by toll-free telephone number. 
Authorizes the Attorney General to seek judicial review if adversely affected by a final order regarding an assessment for employment of unauthorized aliens. 
Title II:  Improving the Employment Verification System
 - Restricts the authority of the Attorney General to expand the list of acceptable employment verification documents.  Transfers from the President to the Attorney General responsibility for monitoring and evaluating the employment verification system. 
Directs the Attorney General to report to the Congress on the consolidation into a single tamper-resistant document of documentation evidencing temporary work authorization. 
Title III:  Additional Penalties and Increases in Penalties
 - Declares alien employment without authorization unlawful and establishes civil penalties. 
Precludes aliens engaged in unlawful employment from eligibility for adjustment of immigration status. 
Increases the civil and criminal penalties for:  (1) employment of unauthorized aliens; and (2) document fraud.