S.Amdt. 1486

SA 1486. 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. ___. PREEMPTION AND STATES' RIGHTS.

Section 274A(h)(2) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of this
section preempt any State or local law, ordinance, policy, or
rule, including any criminal or civil fine or penalty
structure, insofar as they may now or hereafter relate to the
hiring, continued employment, or status verification for
employment eligibility purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State, locality, municipality,
or political subdivision may exercise its authority over
business licensing and similar laws as a penalty for

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failure to use the verification system described in
subsection (d) to verify employment eligibility when and as
required under subsection (b).
``(ii) General rules.--A State, at its own cost, may
enforce the provisions of this section, but only insofar as
such State follows the Federal regulations implementing this
section, applies the Federal penalty structure set out in
this section, and complies with all Federal rules and
guidance concerning implementation of this section. Such
State may collect any fines assessed under this section. An
employer may not be subject to enforcement, including audit
and investigation, by both a Federal agency and a State for
the same violation under this section. Whichever entity, the
Federal agency or the State, is first to initiate the
enforcement action, has the right of first refusal to proceed
with the enforcement action. The Secretary must provide
copies of all guidance, training, and field instructions
provided to Federal officials implementing the provisions of
this section to each State.''.
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