Page:United States Statutes at Large Volume 104 Part 6.djvu/666

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104 STAT. 5056 PUBLIC LAW 101-649—NOV. 29, 1990 8 USC 1324b note. 8 USC 1324b note. 8 USC 1324a note. under this paragraph, to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual discriminated against, "(III) except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $3,000 and not more than $10,000 for each individual discriminated against, and "(IV) in the case of an unfair immigration-related employment practice described in subsection (a)(6), to pay a civil penalty of not less than $100 and not more than $1,000 for each individual discriminated against.". (b) EFFECTIVE DATE.—The amendments made by this section shall apply to unfair immigration-related employment practices occurring after the date of the enactment of this Act. SEC. 537. PERIOD FOR FILING OF COMPLAINTS. (a) 120-DAY PERIOD.—Section 274B(d)(2) (8 U.S.C. 1324b(d)(2)) is amended— (1) by inserting "the Special Counsel shall notify the person making the charge of the determination not to file such a complaint during such period and" after "120-day period,", (2) by inserting "within 90 days after the date of receipt of the notice" before the period at the end, and (3) by adding at the end the following: "The Special Counsel's failure to file such a complaint within such 120-day period shall not affect the right of the Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to charges received on or after the date of the enactment of this Act. SEC. 538. SPECIAL COUNSEL ACCESS TO EMPLOYMENT ELIGIBILITY VER- IFICATION FORMS. (a) IN GENERAL.— Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by inserting ", the Special Counsel for Immigration-Re- lated Unfair Employment Practices," after "officers of the Service,". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 539. ADDITIONAL RELIEF IN ORDERS. (a) IN GENERAL.— Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is amended— (1) by striking "and" at the end of clause (iii), (2) by striking the period at the end of clause (iv)(II) and inserting a comma, and (3) by adding at the end the following: "(v) to post notices to employees about their rights under this section and employers' obligations under section 274A, "(vi) to educate all personnel involved in hiring and complying with this section or section 274A about the requirements of this section or such section, "(vii) to order (in an appropriate case) the removal of a false performance review or false warning from an employee's personnel file, and