S.Amdt. 1488

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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