Enhanced penalties for unauthorized employment

(a) In general Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (e)— (A) in paragraph (1)— (i) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and (ii) in subparagraph (D), by striking Service and inserting Department of Homeland Security; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting, subject to paragraph (10), after in an amount; (II) 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; (III) 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; and (IV) 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 (ii) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take appropriate remedial action.; (C) in paragraph (5)— (i) in the paragraph heading, by striking paperwork; (ii) by inserting, subject to paragraphs (10) through (12), after in an amount; and (iii) by striking $100 and not more than $1,000 and inserting $1,000 and not more than $25,000; and (D) by adding at the end the following: (10) Adjustment of penalty for good faith violation The Secretary of Homeland Security or the Attorney General may waive or reduce a civil penalty under paragraph (4)(A) (with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring or continuation of employment or recruitment or referral by person or entity) or a civil penalty under paragraph (5) (with respect to a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity) if the violator establishes that the violator acted in good faith. (11) Mitigation The size of the business shall be taken into account when assessing the level of civil money penalty under paragraph (4). (12) Authority to debar employers for certain violations (A) In general If the Secretary of Homeland Security determines that a person or entity is 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 proposed 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, or agreement If the Secretary of Homeland Security or the Attorney General determines that a person or entity should be proposed for debarment in accordance with subparagraph (A), and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine— (i) whether to list the person or entity on the List of Parties Excluded from Federal Procurement; and (ii) if the person or entity is included on such list, the duration and scope of such inclusion. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General determines that a person or entity should be proposed for debarment in accordance with subparagraph (A), and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General— (i) 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 proposed for debarment; and (ii) after soliciting and considering the views of all such agencies and departments, may refer the matter to any appropriate lead agency to determine— (I) whether to list the person or entity on the List of Parties Excluded from Federal Procurement; and (II) if the person or entity is included on such list, the duration and scope of such inclusion. (D) Review Any decision to debar a person or entity under this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (13) Continued employment after final nonconfirmation If a person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A).; and (2) in subsection (f), by amending paragraph (1) to read as follows: (1) Criminal penalty Any person or entity that engages in a pattern or practice of violations of paragraph (1) or (2) of subsection (a) shall be fined not more than $30,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both.. (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Continued employment after final nonconfirmation (A) In general Paragraph (13) of section 274A(e) of the Immigration and Nationality Act, as added by subsection (a)(1)(D), shall take effect on the date that is 6 months after the date of the enactment of this Act. (B) Penalty calculations The calculation of any penalties under section 274A(f) of the Immigration and Nationality Act, as amended by subsection (a)(2), shall not include any period of continuing employment before the effective date referred to in subparagraph (A).