[Congressional Record Volume 143, Number 8 (Tuesday, January 28, 1997)]
[Senate]
[Pages S704-S709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          CONTROLLING ILLEGAL IMMIGRATION AND PROTECTING JOBS

  Mr. KENNEDY. Mr. President, last week I introduced a bill to control 
illegal immigration and protect U.S. jobs. I would like to take a few 
minutes to expand on that bill.
  Last year, Congress passed landmark immigration reform legislation 
intended to curb illegal immigration.
  But that Republican legislation addressed only half of the illegal 
immigration problem. Republicans did not get the job done. So today, 
with the support of our Democratic leader, Senator Daschle, I introduce 
legislation

[[Page S705]]

to address the unfinished business of controlling illegal immigration.
  Immigration experts, policy think tanks, and blue-ribbon commissions 
over the past two decades all agree that effective enforcement against 
illegal immigration requires two steps.
  We must stop people from crossing our borders illegally. But, we must 
also combine our border enforcement efforts with effective workplace 
enforcement to deter employers who hire illegal workers.
  The Clinton administration should be commended for their aggressive 
enforcement strategy at the border. By the end of this year, the 
Clinton administration plans to have increased the Border Patrol from 
under 4,000 agents in 1993 to 6,859 agents--a 73-percent increase. And 
last year's immigration bill reenforced this increase by authorizing an 
additional 1,000 Border Patrol agents for each of the next 3 years.
  In addition, last year's immigration bill contained new, stiff 
penalties against the crime syndicates that smuggle illegal immigrant 
workers into the United States.
  But Republicans neglected the second key element of a successful 
immigration enforcement strategy, which is workplace enforcement to 
deny jobs to illegal immigrant workers. There is one reason, and one 
reason only, that illegal immigrants come to America: to find jobs. 
Last year's Republican immigration bill did almost nothing to address 
this problem. We will never reduce illegal immigration significantly 
until we shut off the job magnet that draws illegal immigrants to this 
country.
  That was the conclusion of the Select Commission on Immigration and 
Refugee Policy in 1981, the so-called Hesburgh Commission. And it was 
the conclusion of the Jordan Commission in 1994. The Jordan Commission 
stated, ``Reducing the employment magnet is the linchpin of a 
comprehensive strategy to reduce illegal immigration.''
  Consider the following fact. The Immigration and Naturalization 
Service says that at least 40 percent, and possibly half, of the 
illegal immigrant population in the United States actually entered the 
country legally, but stayed on and worked illegally after their visas 
expired. They came here originally as tourists or students, but 
overstayed their visas and are now illegally taking American jobs.
  No amount of border enforcement will stop this major source of 
illegal immigrant workers. They arrive at our airports and at our 
borders with genuine passports and visas. There is no way to know that 
their real plans are to stay and work illegally.
  The only way to deter this kind of illegal immigration is to deny 
jobs at the workplace. Rather than just beefing up our Border Patrol, 
we must also increase the capacity of the Immigration Service and the 
Department of Labor to protect American jobs by finding illegal 
immigrants in the workplace and prosecuting unscrupulous employers who 
hire and abuse them.
  In 1986, Congress made it illegal for employers to hire illegal 
immigrant workers. But today it is far too easy for these workers to 
pose as legal immigrant workers or even U.S. citizens by using false 
documents.
  We must also find new and better ways of assisting employers to 
determine who can and who cannot work in the United States. Under the 
current failed system, employers often cannot distinguish a real green 
card and makes someone eligible to work from a good fake.

  Last year, the Senate adopted a proposal that Senator Simpson and I 
developed that contained aggressive pilot programs to test new and 
better ways of addressing this problem. Upon the completion of these 
programs, the President was required to submit to Congress a 
comprehensive plan that would enable employers to know with greater 
certainty whom they can and cannot hire. Without such a plan, illegal 
immigrants will continue to take American jobs from working families by 
the hundreds of thousands each year.
  But Republicans in Congress, under pressure from lobbyists 
representing the employers, met in secret last summer and dropped this 
vital provision from the bill. They put in its place a weak requirement 
for only a single pilot program. And they stripped the bill of the 
requirement that the President present to Congress for its approval a 
comprehensive plan for denying jobs to illegal immigrant workers. 
Instead of standing up for working families and protecting their jobs, 
they chose to coddle unscrupulous employers who hire and abuse illegal 
immigrants to make a buck.
  Our Democratic message to working families today is that we will not 
tolerate the loss of hundreds of thousands of your jobs each year. Last 
year's Republican immigration bill simply sets adrift the urgently 
needed workplace enforcement under our immigration laws to protect 
these jobs. Democrats say that working families need to be assured that 
their jobs will be protected under our immigration laws.
  The bill I introduce today:
  Provides the workplace enforcement we need to protect U.S. jobs. It 
increases the number of Department of Labor Wage and Hour 
investigators. These investigators will target employers who hire 
illegal immigrants to evade labor standards. And it provides funding 
for additional INS personnel to enforce our immigration laws in the 
workplace.
  It increases penalties for employers who hire illegal workers. And it 
allows judges to double an employers penalties if they have violated 
both immigration and labor laws.
  It mandates the President to fix the broken employment verification 
system. Currently employers have an obligation to verify whether those 
they hire are authorized to work in the United States. But, the 
verification system in place now does not work. My bill requires the 
President to propose a plan to Congress within 3 years for an improved 
employment verification system.
  It prevents employers from discriminating against American and legal 
immigrant workers by making some workers go through more hoops to get a 
job than others, just because they may look or sound foreign.
  Finally, my bill provides needed protections for battered immigrants. 
Many battered immigrants are afraid to seek protection from their 
abusers because they fear they will be deported or cannot find work to 
support their children. This bill removes the hurdles for battered 
immigrants, and protects their ability to qualify for green cards and 
jobs.
  Last year's illegal immigration bill addressed only half the problem. 
The bill I introduce today will complete the picture and protect jobs 
for working families. And I look forward to working with our new 
Immigration Subcommittee chairman, Senator Abraham, and the Republican 
leadership to see early enactment of this important measure.
  Mr. President, I ask unanimous consent that the text of the 
legislation be included at this point in the Record.
  There being no objection, the text of the bill ordered to be printed 
in the Record, as follows:

                                 S. 103

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

     SECTION 1. SHORT TITLE; AMENDMENTS TO INA; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``United 
     States Worker Protection and Illegal Immigrant Deterrence Act 
     of 1997''.
       (b) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided whenever in this Act an 
     amendment or repeal is expressed as the amendment or repeal 
     of a section or other provision, the reference shall be 
     considered to be made to that section or provision in the 
     Immigration and Nationality Act.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; amendments to INA; table of contents.

                          TITLE I--ENFORCEMENT

Sec. 101. Increased personnel levels for immigration-related workplace 
              enforcement.
Sec. 102. Earmark of appropriations for INS workplace inspectors.

         TITLE II--EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES

Sec. 201. Enhanced civil penalties if labor standards violations are 
              present.
Sec. 202. Increased penalties for violations of immigration-related 
              employment laws.
Sec. 203. Retention of employer sanctions fines for law enforcement 
              purposes.
Sec. 204. Task force to improve public education regarding unlawful 
              employment of aliens and unfair immigration-related 
              employment practices.

[[Page S706]]

Sec. 205. Subpoena authority for cases of unlawful employment of aliens 
              or document fraud.

        TITLE III--PRESIDENTIAL PLAN FOR EMPLOYMENT VERIFICATION

Sec. 301. Definitions.
Sec. 302. Establishment of plan.
Sec. 303. Objectives.
Sec. 304. System requirements.
Sec. 305. Remedies and penalties for unlawful disclosure.
Sec. 306. Employer safeguards.
Sec. 307. Restriction on use of documents.
Sec. 308. Protection from liability for actions taken on the basis of 
              information provided by the verification system.
Sec. 309. Application of the Federal Tort Claims Act.
Sec. 310. Statutory construction.

       TITLE IV--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

Sec. 401. Requiring certain remedies in unfair immigration-related 
              discrimination orders.
Sec. 402. Treatment of certain documentary practices as lawful 
              employment practices.
Sec. 403. Effective date.

              TITLE V--PROTECTIONS FOR BATTERED IMMIGRANTS

Sec. 501. Waiver of section 245(i).
Sec. 502. Exemption from summary exclusion.
Sec. 503. Attorney General waiver of continuous presence requirement.
Sec. 504. Continued eligibility for immigrant status where abuser is 
              removed.
Sec. 505. Fraudulent document waiver for battered aliens.
                          TITLE I--ENFORCEMENT

     SEC. 101. INCREASED PERSONNEL LEVELS FOR IMMIGRATION-RELATED 
                   WORKPLACE ENFORCEMENT.

       (a) Investigators.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     Labor is authorized to hire in the Wage and Hour Division of 
     the Department of Labor during the period beginning October 
     1, 1997, and ending September 30, 1998, not more than 150 
     full-time active-duty investigators and staff to enforce laws 
     applying sanctions against employers who violate Federal wage 
     and hour laws.
       (2) Additional authority available.--The authority of 
     paragraph (1) to hire the personnel described in that 
     paragraph is in addition to the authority made available 
     during fiscal year 1997 to hire such personnel.
       (b) Assignment of Additional Personnel.--Individuals 
     employed under subsection (a) shall be assigned to 
     investigate violations of both wage and hour laws and those 
     immigration-related laws that are administered by the 
     Secretary of Labor in areas of the United States where the 
     Attorney General has notified the Secretary of Labor that 
     there are high concentrations of aliens present in violation 
     of law.
       (c) Preference for Bilingual Wage and Hour Inspectors.--In 
     hiring new wage and hour inspectors pursuant to this section, 
     the Secretary of Labor shall give priority to the employment 
     of multilingual candidates who are proficient in both English 
     and such other language or languages as may be spoken in the 
     region in which such inspectors are likely to be deployed.

     SEC. 102. EARMARK OF APPROPRIATIONS FOR INS WORKPLACE 
                   INSPECTORS.

       Of the funds made available to the Immigration and 
     Naturalization Service for fiscal years 1998 and 1999, not 
     less than $36,076,000 shall be available only for each such 
     fiscal year sufficient to pay the salaries and expenses of 
     300 full-time equivalent active-duty investigators, as 
     authorized by section 131 of the Illegal Immigration Reform 
     and Immigration Responsibility Act of 1996 (as contained in 
     Public Law 104-208).
         TITLE II--EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES

     SEC. 201. ENHANCED CIVIL PENALTIES IF LABOR STANDARDS 
                   VIOLATIONS ARE PRESENT.

       (a) In General.--Section 274A(e)(4) (8 U.S.C. 1324a(e)(4)) 
     is amended--
       (1) by redesignating clauses (i), (ii), and (iii) of 
     subparagraph (A) as subclauses (I), (II), and (III), 
     respectively;
       (2) by redesignating clauses (i), (ii), and (iii) of 
     subparagraph (B) as subclauses (I), (II), and (III), 
     respectively;
       (3) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (4) by striking ``With'' and inserting ``(A) Except as 
     provided in subparagraph (B), with''; and
       (5) by adding at the end the following:
       ``(B) Enforcement of certain labor laws.--
       ``(i) Civil penalties.--The administrative law judge may 
     require payment of a civil money penalty in an amount up to 
     two times the amount of the penalty prescribed by this 
     subsection in any case in which the Secretary of Labor or a 
     court of competent jurisdiction determines that the employer 
     has committed a willful violation or repeated violations of 
     any of the following statutes:

       ``(I) The Fair Labor Standards Act (29 U.S.C. 201 et seq.).
       ``(II) The Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.).
       ``(III) The Family and Medical Leave Act (29 U.S.C. 2601 et 
     seq.).

       ``(ii) Administration.--The Secretary of Labor and the 
     Attorney General shall consult regarding the administration 
     of this paragraph.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to offenses occurring on or after 
     the date of the enactment of this Act.

     SEC. 202. INCREASED PENALTIES FOR VIOLATIONS OF IMMIGRATION-
                   RELATED EMPLOYMENT LAWS.

       (a) Increased Civil Money Penalties for Hiring, Recruiting, 
     and Referral Violations.--Section 274A(e)(4)(A) (8 U.S.C. 
     1324a(e)(4)(A)) is amended--
       (1) in clause (i), by striking ``$250'' and ``$2,000'' and 
     inserting ``$1,000'' and ``$3,000'', respectively;
       (2) in clause (ii) by striking ``$2,000'' and $5,000'' and 
     inserting ``$3,000'' and ``$8,000'', respectively; and
       (3) in clause (iii), by striking ``$3,000'' and ``$10,000'' 
     and inserting ``$8,000'' and ``$25,000'', respectively.
       (b) Increased Civil Money Penalties for Paperwork 
     Violations.--Section 274A(e)(5) (8 U.S.C. 1324a(e)(5)) is 
     amended by striking ``$100'' and ``$1,000'' and inserting 
     ``$200'' and ``$5,000'', respectively.
       (c) Increased Criminal Penalties for Pattern or Practice 
     Violations.--Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is 
     amended by striking ``$3,000'' and ``six months'' and 
     inserting ``$7,000'' and ``two years'', respectively.
       (d) Increased Civil Penalties for Unfair Immigration-
     Related Employment Practices.--Section 274B(g)(2)(B) (8 
     U.S.C. 1324b(g)(2)(B)) is amended--
       (1) in clause (iv)(I), by striking ``$250'' and ``$2,000'' 
     and inserting ``$1,000'' and ``$3,000'', respectively;
       (2) in clause (iv)(II), by striking ``$2,000'' and 
     ``$5,000'' and inserting ``$3,000'' and ``$8,000'', 
     respectively;
       (3) in clause (iv)(III), by striking ``$3,000'' and 
     ``$10,000'' and inserting ``$8,000'' and ``$25,000'', 
     respectively; and
       (4) in clause (iv)(IV), by striking ``$100'' and ``$1,000'' 
     and inserting ``$200'' and ``$5,000'', respectively.

     SEC. 203. RETENTION OF EMPLOYER SANCTIONS FINES FOR LAW 
                   ENFORCEMENT PURPOSES.

       Section 286(a) (8 U.S.C. 1356(a)) is amended--
       (1) by striking ``(a)'' and inserting ``(a)(1)''; and
       (2) by adding at the end the following:
       ``(2) All moneys received during each fiscal year in 
     payment of penalties under section 274A of this Act in excess 
     of $5,000,000 shall be credited to the Immigration and 
     Naturalization Service Salaries and Expenses appropriations 
     account that funds activities and related expenses associated 
     with enforcement of that section and shall remain available 
     until expended.''.

     SEC. 204. TASK FORCE TO IMPROVE PUBLIC EDUCATION REGARDING 
                   UNLAWFUL EMPLOYMENT OF ALIENS AND UNFAIR 
                   IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

       (a) Establishment.--The Attorney General shall establish a 
     task force within the Department of Justice charged with the 
     responsibility of--
       (1) providing advice and guidance to employers and 
     employees relating to unlawful employment of aliens under 
     section 274A of the Immigration and Nationality Act and 
     unfair immigration-related employment practices under 274B of 
     such Act; and
       (2) assisting employers in complying with those laws.
       (b) Composition.--The members of the task force shall be 
     designated by the Attorney General from among officers or 
     employees of the Immigration and Naturalization Service or 
     other components of the Department of Justice.
       (c) Annual Report.--The task force shall report annually to 
     the Attorney General on its operations.

     SEC. 205. SUBPOENA AUTHORITY FOR CASES OF UNLAWFUL EMPLOYMENT 
                   OF ALIENS OR DOCUMENT FRAUD.

       (a) Secretary of Labor Subpoena Authority.--
       (1) In general.--Chapter 9 of title II of the Immigration 
     and Nationality Act is amended by adding at the end the 
     following new section:


                ``Secretary of Labor Subpoena Authority

       ``Sec. 296. The Secretary of Labor may issue subpoenas 
     requiring the attendance and testimony of witnesses or the 
     production of any records, books, papers, or documents in 
     connection with any investigation or hearing conducted in the 
     enforcement of any immigration program for which the 
     Secretary of Labor has been delegated enforcement authority 
     under this Act. In such hearing, the Secretary of Labor may 
     administer oaths, examine witnesses, and receive evidence. 
     For the purpose of any such hearing or investigation, the 
     authority contained in sections 9 and 10 of the Federal Trade 
     Commission Act (15 U.S.C. 49, 50), relating to the attendance 
     of witnesses and the production of books, papers, and 
     documents, shall be available to the Secretary of Labor.''.
       (2) Conforming amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 295 the following new item:

``Sec. 296. Secretary of Labor subpoena authority.''.
        TITLE III--PRESIDENTIAL PLAN FOR EMPLOYMENT VERIFICATION

     SEC. 301. DEFINITIONS.

       As used in this title:
       (1) Federal public benefit.--The term ``Federal public 
     benefit'' has the meaning

[[Page S707]]

     given the term in section 401(c) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996.
       (2) State or local public benefit.--The term ``State or 
     local public benefit'' has the meaning given the term in 
     section 411(c) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996.
       (3) System.--The term ``system'' means the system for 
     confirmation of eligibility for employment and benefits that 
     is described in this title.

     SEC. 302. ESTABLISHMENT OF PLAN.

       (a) Development of Plan; Report to Congress.--Not later 
     than 90 days after the end of the third year in which the 
     pilot programs required by subtitle A of title IV of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (as contained in Public Law 104-208) are in effect, 
     the President shall--
       (1) develop and recommend to the Congress a plan for the 
     establishment of a data system or alternative system (in this 
     part referred to as the ``system''), subject to sections 302 
     and 303, to confirm eligibility for employment in the United 
     States, and immigration status in the United States for 
     purposes of eligibility for any Federal public benefit;
       (2) submit to the Congress a report setting forth--
       (A) a description of such recommended plan;
       (B) data on and analyses of the alternatives considered in 
     developing the plan described in paragraph (1), including 
     analyses of data from any demonstration project conducted, 
     including the pilot programs conducted under subtitle A of 
     title IV of the IIRIRA of 1996; and
       (C) data on and analysis of the system described in 
     paragraph (1), including estimates of--
       (i) the proposed use of the system, on an industry-sector 
     by industry-sector basis;
       (ii) the public assistance programs and government benefits 
     for which use of the system is cost-effective and otherwise 
     appropriate;
       (iii) the cost of the system;
       (iv) the financial and administrative cost to employers;
       (v) the reduction of undocumented workers in the United 
     States labor force resulting from the system;
       (vi) any unlawful discrimination caused by or facilitated 
     by use of the system;
       (vii) any privacy intrusions caused by misuse or abuse of 
     system;
       (viii) the accuracy rate of the system;
       (ix) the overall costs and benefits that would result from 
     implementation of the system; and
       (x) evidence, including the results of pilot programs or 
     demonstration projects, that the plan meets the requirements 
     of section 303.
       (b) Effective Date.--The plan described in subsection (a) 
     shall take effect on the date of enactment of a bill or joint 
     resolution approving the plan.

     SEC. 303. OBJECTIVES.

       The plan described in section 301(a) shall have the 
     following objectives:
       (1) To substantially reduce illegal immigration and 
     unauthorized employment of aliens.
       (2) To increase employer compliance, especially in industry 
     sectors known to employ undocumented workers, with laws 
     governing employment of aliens.
       (3) To protect individuals from national origin or 
     citizenship-based unlawful discrimination and from loss of 
     privacy caused by use, misuse, or abuse of personal 
     information.
       (4) To minimize the burden on business of verification of 
     eligibility for employment in the United States, including 
     the cost of the system to employers.
       (5) To ensure that those who are ineligible for public 
     assistance or other government benefits are denied or 
     terminated, and that those eligible for public assistance or 
     other government benefits shall--
       (A) be provided a reasonable opportunity to submit evidence 
     indicating a satisfactory immigration status; and
       (B) not have eligibility for public assistance or other 
     government benefits denied, reduced, terminated, or 
     unreasonably delayed on the basis of the individual's 
     immigration status until such a reasonable opportunity has 
     been provided.

     SEC. 304. SYSTEM REQUIREMENTS.

       (a) In General.--A confirmation system may not be 
     implemented under this title unless the system meets the 
     following requirements:
       (1) Reliable determinations.--The system must be capable of 
     reliably determining with respect to an individual whether--
       (A) the person with the identity claimed by the individual 
     is authorized to work in the United States or has the 
     immigration status being claimed; and
       (B) the individual is claiming the identity of another 
     person.
       (2) Restrictions on use of information.--Any information 
     obtained in connection with use of the system must not be 
     made available to Government agencies, employers, or other 
     persons except to the extent necessary--
       (A) to confirm, by an individual who is authorized to 
     conduct the employment verification process, that an employee 
     is not an unauthorized alien (as defined in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(h)(3));
       (B) to enforce the Immigration and Nationality Act or 
     section 371, 911, 982, 1001, 1015, 1028, 1542, 1546, or 1621 
     of, or chapter 96 of, title 18, United States Code; or
       (C) to confirm the individual's immigration status for 
     purposes of determining eligibility for Federal public 
     benefits.
       (3) Form and examination of documents.--Any document (other 
     than a document used under section 274A of the Immigration 
     and Nationality Act) required by the system must be presented 
     to or examined by either an employer or an administrator of 
     public assistance or other government benefits, as the case 
     may be, and--
       (A) must be in a form that is resistant to counterfeiting 
     and to tampering; and
       (B) must not be required by any Government entity or agency 
     as a national identification card or to be carried or 
     presented except--
       (i) to carry out the purposes of paragraph (2); or
       (ii) if the document was designed for another purpose (such 
     as a certificate of alien registration, an alien registration 
     receipt card, a license to drive a motor vehicle, a 
     certificate of birth, or a social security account number 
     card issued by the Social Security Administration), as 
     required under law for such other purpose.
       (4) Complete, accurate, confirmable, and timely.--The 
     system must ensure that information is complete, accurate, 
     confirmable, and timely. Corrections or additions to the 
     system records of an individual provided by the individual, 
     the Social Security Administration, or the Immigration and 
     Naturalization Service, or other relevant Federal agency, 
     must be checked for accuracy, processed, and entered into the 
     system within 10 business days after the agency's acquisition 
     of the correction or additional information.
       (5) Speed of confirmation.--The system must be capable of 
     accurately confirming electronically within 5 business days, 
     whether a person has the required immigration status in the 
     United States and is legally authorized for employment in the 
     United States in a substantial percentage of cases (with the 
     objective of not less than 99 percent).
       (6) Administrative, technical, and physical safeguards.--In 
     order to ensure the integrity, confidentiality, and security 
     of system information, the system and those who use the 
     system must maintain appropriate administrative, technical, 
     and physical safeguards, such as--
       (A) safeguards to prevent unauthorized disclosure of 
     personal information, including passwords, cryptography, and 
     other technologies;
       (B) audit trails to monitor system use; or
       (C) procedures giving an individual the right to request 
     records containing personal information about the individual 
     held by agencies and used in the system, for the purpose of 
     examination, copying, correction, or amendment, and a method 
     that ensures notice to individuals of these procedures.
       (7) Safeguards against discrimination.--There must be 
     reasonable safeguards against the system's resulting in 
     unlawful discriminatory practices based on national origin or 
     citizenship status, including--
       (A) the selective or unauthorized use of the system to 
     confirm eligibility;
       (B) the use of the system prior to an offer of employment;
       (C) the exclusion of certain individuals from consideration 
     for employment as a result of a perceived likelihood that 
     additional confirmation will be required, beyond what is 
     required for most job applicants; or
       (D) denial reduction, termination, or unreasonable delay of 
     public assistance to an individual as a result of the 
     perceived likelihood that such additional confirmation will 
     be required.
       (b) Definition.--As used in this section, the term 
     ``business day'' means any day other than Saturday, Sunday, 
     or any day on which the appropriate Federal agency is closed.

     SEC. 305. REMEDIES AND PENALTIES FOR UNLAWFUL DISCLOSURE.

       (a) Civil Remedies.--
       (1) Right of informational privacy.--The Congress declares 
     that any person who provides to an employer the information 
     required by this section or section 274A of the Immigration 
     and Nationality Act (8 U.S.C. 1324a) has a privacy 
     expectation that the information will only be used for 
     compliance with this Act or other applicable Federal, State, 
     or local law.
       (2) Civil actions.--An employer, or other person or entity, 
     who knowingly and willfully discloses the information that an 
     employee is required to provide by this title or section 274A 
     of the Immigration and Nationality Act (8 U.S.C. 1324a) for 
     any purpose not authorized by this Act or other applicable 
     Federal, State, or local law shall be liable to the employee 
     for actual damages. Jurisdiction and venue over actions 
     brought under this paragraph shall be as provided by title 28 
     of the United States Code.
       (b) Criminal Penalties.--Any employer, or other person or 
     entity, who willfully and knowingly obtains, uses, or 
     discloses information required pursuant to this title or 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) for any purpose not authorized by this Act or other 
     applicable Federal, State, or local law shall be fined not 
     more than $5,000, notwithstanding the provisions of any 
     Federal law relating to fine levels, imprisoned for not more 
     than 6 months, or both.
       (c) Privacy Act.--

[[Page S708]]

       (1) In general.--Any person who is a United States citizen, 
     United States national, lawful permanent resident, or other 
     employment-authorized alien, and who is subject to 
     confirmation of work authorization or lawful presence in the 
     United States for purposes of benefits eligibility under this 
     title, shall be considered an individual under section 
     552(a)(2) of title 5, United States Code, with respect to 
     records covered by this title.
       (2) Definition.--For purposes of this subsection, the term 
     ``record'' means an item, collection, or grouping of 
     information about an individual which--
       (A) is created, maintained, or used by a Federal agency for 
     the purpose of determining--
       (i) the individual's authorization to work; or
       (ii) immigration status in the United States for purposes 
     of eligibility to receive Federal, State or local benefits in 
     the United States; and
       (B) contains the individuals's name or identifying number, 
     symbol, or any other identifier assigned to the individual.

     SEC. 306. BENEFIT OF REBUTTABLE PRESUMPTION.

       A person or other entity has established a rebuttable 
     presumption that the person or entity has not violated 
     section 274A(a)(1)(A) of the Immigration and Nationality Act 
     with respect to the hiring (or recruitment or referral) of an 
     individual for employment in the United States if the person 
     or entity--
       (1) obtains confirmation of identity and employment 
     eligibility in compliance with the applicable terms and 
     conditions of the system with respect to the hiring (or 
     recruitment or referral) of the individual; and
       (2) has complied with all procedures required by the 
     system.

     SEC. 307. RESTRICTION ON USE OF DOCUMENTS.

       If the Attorney General determines that any document 
     described in section 274A(b)(1) of the Immigration and 
     Nationality Act as establishing employment authorization or 
     identity does not reliably establish such authorization or 
     identity or, to an unacceptable degree, is being used 
     fraudulently or is being requested for purposes not 
     authorized by this Act, the Attorney General may, by 
     regulation, prohibit or place conditions on the use of the 
     document for purposes of the system or the verification 
     system established in section 274A(b) of the Immigration and 
     Nationality Act.

     SEC. 308. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE 
                   BASIS OF INFORMATION PROVIDED BY THE 
                   CONFIRMATION SYSTEM.

       No person shall be civilly or criminally liable under 
     section 274A of the Immigration and Nationality Act for any 
     action adverse to an individual if such action was taken in 
     good faith reliance on information relating to such 
     individual provided through the system.

     SEC. 309. APPLICATION OF THE FEDERAL TORT CLAIMS ACT.

       Any individual claiming dismissal from employment or denial 
     of employment by reason of an error in the operation of the 
     confirmation system may seek settlement of the claim by the 
     appropriate Federal agency or may institute a legal action 
     against the Federal Government under chapter 271 of title 28, 
     United States Code, for money damages in accordance with the 
     procedures set forth under that chapter.

     SEC. 310. STATUTORY CONSTRUCTION.

       The provisions of this title supersede the provisions of 
     section 274A of the Immigration and Nationality Act to the 
     extent of any inconsistency therewith.
       TITLE IV--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

     SEC. 401.  REQUIRING  CERTAIN  REMEDIES  IN  UNFAIR 
                   IMMIGRATION-RELATED DISCRIMINATION ORDERS.

       Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)--
       (A) by striking ``Contents of order'' and inserting 
     ``Discretionary contents of order'';
       (B) by striking clauses (ii) and (vi); and
       (C) by redesignating clauses (iii), (iv), (v), (vii), and 
     (viii) as clauses (ii), (iii), (iv), (v), and (vi), 
     respectively;
       (2) in subparagraph (C), by striking ``subparagraph 
     (B)(iii)'' and inserting ``subparagraph (C)(ii)'';
       (3) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (4) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Mandatory contents of order.--Such an order shall 
     require the person or entity--
       ``(i) to retain for the period referred to in clause (i) 
     and only for purposes consistent with section 274A(b)(5), the 
     name and address of each individual who applies, in person or 
     in writing, for hiring for an existing position, or for 
     recruiting or referring for a fee, for employment in the 
     United States; and
       ``(ii) to educate all personnel involved in hiring and 
     complying with this section or section 274A about the 
     requirements of this section or such section and to certify 
     the fact of such education.''.

     SEC. 402. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS 
                   LAWFUL EMPLOYMENT PRACTICES.

       Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
       (1) by striking ``Practices.--For purposes of paragraph 
     (1), a'' and inserting ``Practices.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     a'';
       (2) by striking ``if made for the purpose or with the 
     intent of discriminating against an individual in violation 
     of paragraph (1)'' and inserting ``relating to the hiring of 
     individuals''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Exception.--A person or other entity--
       ``(i) may request a document proving a renewal of 
     employment authorization when an individual has previously 
     submitted a time-limited document to satisfy the requirements 
     of section 274A(b)(1); or
       ``(ii) having reason to believe that an individual 
     presenting a document that reasonably appears on its face to 
     be genuine is nonetheless an unauthorized alien (I) may 
     inform the individual of the question about the document's 
     validity and of such person or other entity's intention to 
     verify the validity of such document, and (II) may, upon 
     receiving confirmation that the individual is unauthorized to 
     work, dismiss the individual.
       ``(C) Statutory construction.--Nothing in subparagraph (B) 
     prohibits an individual from offering alternative documents 
     that satisfy the requirements of section 274A(b)(1).''.

     SEC. 403. EFFECTIVE DATE.

       The amendments made by section 401 shall apply to orders 
     issued on or after the first day of the first month beginning 
     at least 90 days after the date of the enactment of this Act.
              TITLE V--PROTECTIONS FOR BATTERED IMMIGRANTS

     SEC. 501. WAIVER OF SECTION 245(I).

       Section 245(i) (8 U.S.C. 1255(i)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``The'' and inserting ``Except as provided in paragraphs (4) 
     and (5), the''; and
       (2) by adding at the end the following new paragraph:
       ``(4)(A) The Attorney General may waive the fee specified 
     in this subsection with respect to an alien--
       ``(i) if the alien or the alien's child--
       ``(I) has been battered or subjected to extreme cruelty by 
     a spouse, parent, or member of the spouse or parent's family 
     residing in the same household as the alien; and
       ``(II) the spouse or parent consented to or acquiesced to 
     such battery or cruelty; and
       ``(ii) if the Attorney General determines that such waiver 
     would enhance the safety of the alien or the alien's child.
       ``(B) An alien for whom the Attorney General waived the fee 
     specified in this subsection shall not be considered a public 
     charge under section 212(a)(4) or 237(a)(5) solely because of 
     such waiver.
       ``(5)(A) In lieu of a waiver under paragraph (4), the 
     Attorney General may permit an alien described in paragraph 
     (4)(A)(i) to pay the fee specified in this subsection at the 
     time of the alien's interview or in installments--
       ``(i) if the Attorney General determines that the alien's 
     finances are sufficient; and
       ``(ii) if the Attorney General determines that such delayed 
     payment would enhance the safety of the alien or the alien's 
     child.
       ``(B) An alien for whom the Attorney General delayed 
     payment of the fee specified in this subsection shall not be 
     considered a public charge under section 212(a)(4) solely 
     because of such waiver.''.

     SEC. 502. EXEMPTION FROM SUMMARY EXCLUSION.

       Section 235(b)(1) (8 U.S.C. 1225(b)(1)) is amended by 
     adding at the end the following new subparagraph:
       ``(G) Exception for battered aliens.--Subparagraph (A) 
     shall not apply to any alien who has been has been battered 
     or subjected to extreme cruelty, or whose child has been 
     battered or subjected to extreme cruelty, and who is eligible 
     to file a petition under subparagraph (A) (iii) and (iv) or 
     (B) (ii) and (iii) of section 204(a)(1) or under paragraph 
     (2) of section 240A(b) based on the requirements of paragraph 
     (2) of that section.''.

     SEC. 503. ATTORNEY GENERAL WAIVER OF CONTINUOUS PRESENCE 
                   REQUIREMENT.

       Section 240A(d)(2) is amended by inserting before the 
     period at the end the following: ``, except that the Attorney 
     General may extend the time periods described in this 
     paragraph in the case of aliens who are otherwise eligible 
     for relief under subsection (b)(2).''.

     SEC. 504. CONTINUED ELIGIBILITY FOR IMMIGRANT STATUS WHERE 
                   ABUSER IS REMOVED.

       Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) is amended by 
     adding at the end the following new clause:
       ``(iv) An alien who has resided in the United States with 
     the alien's permanent resident spouse or parent who has 
     committed a crime described in section 237(a)(2)(E) or 
     violated a protection order described in that section may 
     file a petition with the Attorney General under this 
     subparagraph for classification of the alien under such 
     section notwithstanding that the alien who committed the 
     crime or violated the protection order has been removed, or 
     is subject to removal, from the United States under section 
     237(a), if the alien filing the petition is--
       ``(I) the victim of the crime committed or is the 
     individual protected by the protection order;
       ``(II) a person of good moral character; and
       ``(III) eligible for classification under section 
     203(a)(2)(A).''.

[[Page S709]]

     SEC. 505. FRAUDULENT DOCUMENT WAIVER FOR BATTERED ALIENS.

       Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by 
     inserting before the period at the end the following: ``, or 
     if the alien is eligible to file a petition under 
     subparagraph (A) (iii) and (iv) or (B) (ii) and (iii) of 
     section 204(a)(1) or under paragraph (2) of section 240A(b) 
     based on the requirements of paragraph (2) of that section''.

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