[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4053 Introduced in House (IH)]

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 
California, Mr. Filner, Ms. Roybal-Allard, Mr. Torres, Mr. Dellums, Mr. 
   Dixon, Mr. Serrano, Ms. Velazquez, and Mr. Pastor) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To expand the scope of unfair immigration-related employment practices 
       and protections under the Immigration and Nationality Act.

    Be it enacted by the Senate and House of Representatives 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 employment to,'' after 
        ``refer'';
            (3) in subsection (g)(2)(D) by striking ``employment,'' 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 Nationality Act (8 U.S.C. 
1324b(d)(2)) is amended by inserting ``, causes a disparate impact on 
the basis of an unfair immigration-related employment practice,'' after 
``intentional discriminatory activity''.

SEC. 4. COMPENSATORY AND PUNITIVE DAMAGES AS REMEDIES.

    Section 274B(g)(2)(B) of the Immigration and Nationality 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 period and 
        inserting ``; and''; and
            (3) by adding after clause (viii) the following new clause:
                            ``(ix) to pay compensatory and punitive 
                        damages to individuals directly and adversely 
                        affected.''.

SEC. 5. LIMITATION ON BACK PAY REMEDY.

    Section 274B(g)(2)(C) of the Immigration and Nationality 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 Nationality Act (8 
U.S.C. 1324b(a)(3)(B)(i)) is amended to read as follows: ``(i) an alien 
who fails to apply for naturalization 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 investigators 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.

                                 <all>