[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1488. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(i), by striking ``not less than 
     $250 and not more than $2,000'' and inserting ``not less than 
     $2,500 and not more than $5,000'';
       (C) in subparagraph (A)(ii), by striking ``not less than 
     $2,000 and not more than $5,000'' and inserting ``not less 
     than $5,000 and not more than $10,000'';
       (D) in subparagraph (A)(iii), by striking ``not less than 
     $3,000 and not more than $10,000'' and inserting ``not less 
     than $10,000 and not more than $25,000''; and
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two ems to the left and by amending 
     subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, or providing 
     information to the system that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of subsection (a)(1)(A).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) for hiring or continuation of employment or 
     recruitment or referral by person or entity and in the case 
     of imposition of a civil penalty under paragraph (5) for a 
     violation of subsection (a)(1)(B) for hiring or recruitment 
     or referral by a person or entity, the penalty otherwise 
     imposed may be waived or reduced if the violator establishes 
     that the violator acted in good faith.
       ``(11) Mitigation element.--For purposes of paragraph (4), 
     the size of the business shall be taken into account when 
     assessing the level of civil money penalty.
       ``(12) Authority to debar employers for certain 
     violations.--
       ``(A) In general.--If a person or entity is determined by 
     the Secretary of Homeland Security to be a repeat violator of 
     paragraph (1)(A) or (2) of subsection (a), or is convicted of 
     a crime under this section, such person or entity may be 
     considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the debarment standards and pursuant to the debarment 
     procedures set forth in the Federal Acquisition Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(13) Office for state and local government complaints.--
     The Secretary of Homeland Security shall establish an 
     office--
       ``(A) to which State and local government agencies may 
     submit information indicating potential violations of 
     subsection (a), (b), or (g)(1) that were generated in the 
     normal course of law enforcement or the normal course of 
     other official activities in the State or locality;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a) (1) 
     or (2) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to which such a violation 
     occurs, imprisoned for not more than 18 months, or both, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.
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