TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT


Subtitle B--Other Provisions Relating to Employer Sanctions

SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS
OF PAPERWORK REQUIREMENTS.

(a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a person or entity is considered to have complied
with a requirement of this subsection notwithstanding a
technical or procedural failure to meet such requirement if
there was a good faith attempt to comply with the
requirement.
``(B) Exception if failure to correct after notice.--
Subparagraph (A) shall not apply if--
``(i) the Service (or another enforcement agency) has
explained to the person or entity the basis for the failure,
``(ii) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of
the explanation) within which to correct the failure, and
``(iii) the person or entity has not corrected the failure
voluntarily within such period.
``(C) Exception for pattern or practice violators.--
Subparagraph (A) shall not apply to a person or entity that
has or is engaging in a pattern or practice of violations of
subsection (a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.

SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER
SANCTIONS PROGRAM.

(a) Reducing the Number of Documents Accepted for
Employment Verification.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ``or other alien
registration card, if the card'' and inserting ``, alien
registration card, or other document designated by the
Attorney General, if the document'' and redesignating such
clause as clause (ii), and

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(C) in clause (ii), as so redesignated--
(i) in subclause (I), by striking ``or'' before ``such
other personal identifying information'' and inserting
``and'',
(ii) by striking ``and'' at the end of subclause (I),
(iii) by striking the period at the end of subclause (II)
and inserting ``, and'', and
(iv) by adding at the end the following new subclause:

``(III) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.'';

(2) in subparagraph (C)--
(A) by adding ``or'' at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii); and
(3) by adding at the end the following new subparagraph:
``(E) Authority to prohibit use of certain documents.--If
the Attorney General finds, by regulation, that any document
described in subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not reliably
establish such authorization or identity or is being used
fraudulently to an unacceptable degree, the Attorney General
may prohibit or place conditions on its use for purposes of
this subsection.''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
``(6) Treatment of documentation for certain employees.--
``(A) In general.--For purposes of this section, if--
``(i) an individual is a member of a collective-bargaining
unit and is employed, under a collective bargaining agreement
entered into between one or more employee organizations and
an association of two or more employers, by an employer that
is a member of such association, and
``(ii) within the period specified in subparagraph (B),
another employer that is a member of the association (or an
agent of such association on behalf of the employer) has
complied with the requirements of subsection (b) with respect
to the employment of the individual,
the subsequent employer shall be deemed to have complied with
the requirements of subsection (b) with respect to the hiring
of the employee and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this subparagraph is
3 years, or, if less, the period of time that the individual
is authorized to be employed in the United States.
``(C) Liability.--
``(i) In general.--If any employer that is a member of an
association hires for employment in the United States an
individual and relies upon the provisions of subparagraph (A)
to comply with the requirements of subsection (b) and the
individual is an alien not authorized to work in the United
States, then for the purposes of paragraph (1)(A), subject to
clause (ii), the employer shall be presumed to have known at
the time of hiring or afterward that the individual was an
alien not authorized to work in the United States.
``(ii) Rebuttal of presumption.--The presumption
established by clause (i) may be rebutted by the employer
only through the presentation of clear and convincing
evidence that the employer did not know (and could not
reasonably have known) that the individual at the time of
hiring or afterward was an alien not authorized to work in
the United States.
``(iii) Exception.--Clause (i) shall not apply in any
prosecution under subsection (f)(1).''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection
(b), is amended by adding at the end the following new
paragraph:
``(7) Application to federal government.--For purposes of
this section, the term `entity' includes an entity in any
branch of the Federal Government.''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall apply with
respect to hiring (or recruitment or referral) occurring on
or after such date (not later than 12 months after the date
of the enactment of this Act) as the Attorney General shall
designate.
(2) The amendment made by subsection (b) shall apply to
individuals hired on or after 60 days after the date of the
enactment of this Act.
(3) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to hiring
occurring before, on, or after the date of the enactment of
this Act, but no penalty shall be imposed under subsection
(e) or (f) of section 274A of the Immigration and Nationality
Act for such hiring occurring before such date.

SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED
FOR ENFORCEMENT OF EMPLOYER SANCTIONS
PROVISIONS.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall submit
to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on any additional
authority or resources needed--
(1) by the Immigration and Naturalization Service in order
to enforce section 274A of the Immigration and Nationality
Act, or
(2) by Federal agencies in order to carry out the Executive
Order of February 13, 1996 (entitled ``Economy and Efficiency
in Government Procurement Through Compliance with Certain
Immigration and Naturalization Act Provisions'') and to
expand the restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other Federally
subsidized assistance programs.
(b) Reference to Increased Authorization of
Appropriations.--For provision increasing the authorization
of appropriations for investigators for violations of
sections 274 and 274A of the Immigration and Nationality Act,
see section 131 of this division.

SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO
WORK.

(a) In General.--Subsection (c) of section 290 (8 U.S.C.
1360) is amended to read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the
Commissioner of Social Security shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on the aggregate quantity of social security
account numbers issued to aliens not authorized to be
employed, with respect to which, in such fiscal year,
earnings were reported to the Social Security Administration.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the
earnings. The information shall be provided in an electronic
form agreed upon by the Commissioner and the Attorney
General.''.
(b) Report on Fraudulent Use of Social Security Account
Numbers.--The Commissioner of Social Security shall transmit
to the Attorney General, by not later than 1 year after the
date of the enactment of this Act, a report on the extent to
which social security account numbers and cards are used by
aliens for fraudulent purposes.

SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON
ALIENS.

Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to
provide the alien's social security account number for
purposes of inclusion in any record of the alien maintained
by the Attorney General or the Service.''.

SEC. 416. SUBPOENA AUTHORITY.

Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.