Sec. 807. Penalties
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/bill/118/hr/2/eh/section-807A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— in subsection (e)(1)— by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and in subparagraph (D), by striking Service and inserting Department of Homeland Security ; in subsection (e)(4)— in subparagraph (A), in the matter before clause (i), by inserting , subject to paragraph (10), after in an amount ; 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 ; 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 ; 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 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: may require the person or entity to take such other remedial action as is appropriate. ; in subsection (e)(5)— in the paragraph heading, strike ; paperwork by inserting , subject to paragraphs
(10)through (12), after in an amount ; by striking $100 and inserting $1,000 ; by striking $1,000 and inserting $25,000 ; and 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). ; by adding at the end of subsection
(e)the following: 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. For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty. 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. 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. 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. 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. The Secretary of Homeland Security shall establish an office— 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; 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; that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity; that is required to notify the complaining State or local agency of the results of any such investigation conducted; and 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 by amending paragraph
(1)of subsection
(f)to read as follows: Any person or entity which engages in a pattern or practice of violations of subsection
(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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U.S. Code