From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 8USC1324b]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions

 
Sec. 1324b. Unfair immigration-related employment practices


(a) Prohibition of discrimination based on national origin or 
        citizenship status

                          (1) General rule

        It is an unfair immigration-related employment practice for a 
    person or other entity to discriminate against any individual (other 
    than an unauthorized alien, as defined in section 1324a(h)(3) of 
    this title) with respect to the hiring, or recruitment or referral 
    for a fee, of the individual for employment or the discharging of 
    the individual from employment--
            (A) because of such individual's national origin, or
            (B) in the case of a protected individual (as defined in 
        paragraph (3)), because of such individual's citizenship status.

                           (2) Exceptions

        Paragraph (1) shall not apply to--
            (A) a person or other entity that employs three or fewer 
        employees,
            (B) a person's or entity's discrimination because of an 
        individual's national origin if the discrimination with respect 
        to that person or entity and that individual is covered under 
        section 703 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-2], 
        or
            (C) discrimination because of citizenship status which is 
        otherwise required in order to comply with law, regulation, or 
        executive order, or required by Federal, State, or local 
        government contract, or which the Attorney General determines to 
        be essential for an employer to do business with an agency or 
        department of the Federal, State, or local government.

                (3) ``Protected individual'' defined

        As used in paragraph (1), the term ``protected individual'' 
    means an individual who--
            (A) is a citizen or national of the United States, or
            (B) is an alien who is lawfully admitted for permanent 
        residence, is granted the status of an alien lawfully admitted 
        for temporary residence under section 1160(a) or 1255a(a)(1) of 
        this title, is admitted as a refugee under section 1157 of this 
        title, or is granted asylum under section 1158 of this title; 
        but does not include (i) an alien who fails to apply for 
        naturalization within six months of the date the alien first 
        becomes eligible (by virtue of period of lawful permanent 
        residence) to apply for naturalization or, if later, within six 
        months after November 6, 1986, and (ii) an alien who has applied 
        on a timely basis, but has not been naturalized as a citizen 
        within 2 years after the date of the application, unless the 
        alien can establish that the alien is actively pursuing 
        naturalization, except that time consumed in the Service's 
        processing the application shall not be counted toward the 2-
        year period.

     (4) Additional exception providing right to prefer equally 
                             qualified citizens

        Notwithstanding any other provision of this section, it is not 
    an unfair immigration-related employment practice for a person or 
    other entity to prefer to hire, recruit, or refer an individual who 
    is a citizen or national of the United States over another 
    individual who is an alien if the two individuals are equally 
    qualified.

           (5) Prohibition of intimidation or retaliation

        It is also an unfair immigration-related employment practice for 
    a person or other entity to intimidate, threaten, coerce, or 
    retaliate against any individual for the purpose of interfering with 
    any right or privilege secured under this section or because the 
    individual intends to file or has filed a charge or a complaint, 
    testified, assisted, or participated in any manner in an 
    investigation, proceeding, or hearing under this section. An 
    individual so intimidated, threatened, coerced, or retaliated 
    against shall be considered, for purposes of subsections (d) and (g) 
    of this section, to have been discriminated against.

    (6) Treatment of certain documentary practices as employment 
                                  practices

        A person's or other entity's request, for purposes of satisfying 
    the requirements of section 1324a(b) of this title, for more or 
    different documents than are required under such section or refusing 
    to honor documents tendered that on their face reasonably appear to 
    be genuine shall be treated as an unfair immigration-related 
    employment practice if made for the purpose or with the intent of 
    discriminating against an individual in violation of paragraph (1).

(b) Charges of violations

                           (1) In general

        Except as provided in paragraph (2), any person alleging that 
    the person is adversely affected directly by an unfair immigration-
    related employment practice (or a person on that person's behalf) or 
    an officer of the Service alleging that an unfair immigration-
    related employment practice has occurred or is occurring may file a 
    charge respecting such practice or violation with the Special 
    Counsel (appointed under subsection (c) of this section). Charges 
    shall be in writing under oath or affirmation and shall contain such 
    information as the Attorney General requires. The Special Counsel by 
    certified mail shall serve a notice of the charge (including the 
    date, place, and circumstances of the alleged unfair immigration-
    related employment practice) on the person or entity involved within 
    10 days.

                 (2) No overlap with EEOC complaints

        No charge may be filed respecting an unfair immigration-related 
    employment practice described in subsection (a)(1)(A) of this 
    section if a charge with respect to that practice based on the same 
    set of facts has been filed with the Equal Employment Opportunity 
    Commission under title VII of the Civil Rights Act of 1964 [42 
    U.S.C. 2000e et seq.], unless the charge is dismissed as being 
    outside the scope of such title. No charge respecting an employment 
    practice may be filed with the Equal Employment Opportunity 
    Commission under such title if a charge with respect to such 
    practice based on the same set of facts has been filed under this 
    subsection, unless the charge is dismissed under this section as 
    being outside the scope of this section.

(c) Special Counsel

                           (1) Appointment

        The President shall appoint, by and with the advice and consent 
    of the Senate, a Special Counsel for Immigration-Related Unfair 
    Employment Practices (hereinafter in this section referred to as the 
    ``Special Counsel'') within the Department of Justice to serve for a 
    term of four years. In the case of a vacancy in the office of the 
    Special Counsel the President may designate the officer or employee 
    who shall act as Special Counsel during such vacancy.

                             (2) Duties

        The Special Counsel shall be responsible for investigation of 
    charges and issuance of complaints under this section and in respect 
    of the prosecution of all such complaints before administrative law 
    judges and the exercise of certain functions under subsection (j)(1) 
    of this section.

                          (3) Compensation

        The Special Counsel is entitled to receive compensation at a 
    rate not to exceed the rate now or hereafter provided for grade GS-
    17 of the General Schedule, under section 5332 of title 5.

                        (4) Regional offices

        The Special Counsel, in accordance with regulations of the 
    Attorney General, shall establish such regional offices as may be 
    necessary to carry out his duties.

(d) Investigation of charges

                       (1) By Special Counsel

        The Special Counsel shall investigate each charge received and, 
    within 120 days of the date of the receipt of the charge, determine 
    whether or not there is reasonable cause to believe that the charge 
    is true and whether or not to bring a complaint with respect to the 
    charge before an administrative law judge. The Special Counsel may, 
    on his own initiative, conduct investigations respecting unfair 
    immigration-related employment practices and, based on such an 
    investigation and subject to paragraph (3), file a complaint before 
    such a judge.

                         (2) Private actions

        If the Special Counsel, after receiving such a charge respecting 
    an unfair immigration-related employment practice which alleges 
    knowing and intentional discriminatory activity or a pattern or 
    practice of discriminatory activity, has not filed a complaint 
    before an administrative law judge with respect to such charge 
    within such 120-day period, the Special Counsel shall notify the 
    person making the charge of the determination not to file such a 
    complaint during such period and the person making the charge may 
    (subject to paragraph (3)) file a complaint directly before such a 
    judge within 90 days after the date of receipt of the notice. 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.

                 (3) Time limitations on complaints

        No complaint may be filed respecting any unfair immigration-
    related employment practice occurring more than 180 days prior to 
    the date of the filing of the charge with the Special Counsel. This 
    subparagraph shall not prevent the subsequent amending of a charge 
    or complaint under subsection (e)(1) of this section.

(e) Hearings

                             (1) Notice

        Whenever a complaint is made that a person or entity has engaged 
    in or is engaging in any such unfair immigration-related employment 
    practice, an administrative law judge shall have power to issue and 
    cause to be served upon such person or entity a copy of the 
    complaint and a notice of hearing before the judge at a place 
    therein fixed, not less than five days after the serving of the 
    complaint. Any such complaint may be amended by the judge conducting 
    the hearing, upon the motion of the party filing the complaint, in 
    the judge's discretion at any time prior to the issuance of an order 
    based thereon. The person or entity so complained of shall have the 
    right to file an answer to the original or amended complaint and to 
    appear in person or otherwise and give testimony at the place and 
    time fixed in the complaint.

                      (2) Judges hearing cases

        Hearings on complaints under this subsection shall be considered 
    before administrative law judges who are specially designated by the 
    Attorney General as having special training respecting employment 
    discrimination and, to the extent practicable, before such judges 
    who only consider cases under this section.

                      (3) Complainant as party

        Any person filing a charge with the Special Counsel respecting 
    an unfair immigration-related employment practice shall be 
    considered a party to any complaint before an administrative law 
    judge respecting such practice and any subsequent appeal respecting 
    that complaint. In the discretion of the judge conducting the 
    hearing, any other person may be allowed to intervene in the 
    proceeding and to present testimony.

(f) Testimony and authority of hearing officers

                            (1) Testimony

        The testimony taken by the administrative law judge shall be 
    reduced to writing. Thereafter, the judge, in his discretion, upon 
    notice may provide for the taking of further testimony or hear 
    argument.

             (2) Authority of administrative law judges

        In conducting investigations and hearings under this subsection 
    \1\ and in accordance with regulations of the Attorney General, the 
    Special Counsel and administrative law judges shall have reasonable 
    access to examine evidence of any person or entity being 
    investigated. The administrative law judges by subpoena may compel 
    the attendance of witnesses and the production of evidence at any 
    designated place or hearing. In case of contumacy or refusal to obey 
    a subpoena lawfully issued under this paragraph and upon application 
    of the administrative law judge, an appropriate district court of 
    the United States may issue an order requiring compliance with such 
    subpoena and any failure to obey such order may be punished by such 
    court as a contempt thereof.
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    \1\ So in original. Probably should be ``section''.
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(g) Determinations

                              (1) Order

        The administrative law judge shall issue and cause to be served 
    on the parties to the proceeding an order, which shall be final 
    unless appealed as provided under subsection (i) of this section.

                    (2) Orders finding violations

        (A) In general

            If, upon the preponderance of the evidence, an 
        administrative law judge determines that any person or entity 
        named in the complaint has engaged in or is engaging in any such 
        unfair immigration-related employment practice, then the judge 
        shall state his findings of fact and shall issue and cause to be 
        served on such person or entity an order which requires such 
        person or entity to cease and desist from such unfair 
        immigration-related employment practice.

        (B) Contents of order

            Such an order also may require the person or entity--
                (i) to comply with the requirements of section 1324a(b) 
            of this title with respect to individuals hired (or 
            recruited or referred for employment for a fee) during a 
            period of up to three years;
                (ii) to retain for the period referred to in clause (i) 
            and only for purposes consistent with section 1324a(b)(5) of 
            this title, the name and address of each individual who 
            applies, in person or in writing, for hiring for an existing 
            position, or for recruiting or referring for a fee, for 
            employment in the United States;
                (iii) to hire individuals directly and adversely 
            affected, with or without back pay;
                (iv)(I) except as provided in subclauses (II) through 
            (IV), to pay a civil penalty of not less than $250 and not 
            more than $2,000 for each individual discriminated against,
                (II) except as provided in subclauses (III) and (IV), in 
            the case of a person or entity previously subject to a 
            single order 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) of this 
            section, to pay a civil penalty of not less than $100 and 
            not more than $1,000 for each individual discriminated 
            against;
                (v) to post notices to employees about their rights 
            under this section and employers' obligations under section 
            1324a of this title;
                (vi) to educate all personnel involved in hiring and 
            complying with this section or section 1324a of this title 
            about the requirements of this section or such section;
                (vii) to remove (in an appropriate case) a false 
            performance review or false warning from an employee's 
            personnel file; and
                (viii) to lift (in an appropriate case) any restrictions 
            on an employee's assignments, work shifts, or movements.

        (C) Limitation on back pay remedy

            In providing a remedy under subparagraph (B)(iii), back pay 
        liability shall not accrue from a date more than two years prior 
        to the date of the filing of a charge with the Special Counsel. 
        Interim earnings or amounts earnable with reasonable diligence 
        by the individual or individuals discriminated against shall 
        operate to reduce the back pay otherwise allowable under such 
        paragraph. No order shall require the hiring of an individual as 
        an employee or the payment to an individual of any back pay, if 
        the individual was refused employment for any reason other than 
        discrimination on account of national origin or citizenship 
        status.

        (D) Treatment of distinct entities

            In applying this subsection in the case of a person or 
        entity composed of distinct, physically separate subdivisions 
        each of which provides separately for the hiring, recruiting, or 
        referring for employment, without reference to the practices of, 
        and not under the control of or common control with, another 
        subdivision, each such subdivision shall be considered a 
        separate person or entity.

                  (3) Orders not finding violations

        If upon the preponderance of the evidence an administrative law 
    judge determines that the person or entity named in the complaint 
    has not engaged and is not engaging in any such unfair immigration-
    related employment practice, then the judge shall state his findings 
    of fact and shall issue an order dismissing the complaint.

(h) Awarding of attorney's fees

    In any complaint respecting an unfair immigration-related employment 
practice, an administrative law judge, in the judge's discretion, may 
allow a prevailing party, other than the United States, a reasonable 
attorney's fee, if the losing party's argument is without reasonable 
foundation in law and fact.

(i) Review of final orders

                           (1) In general

        Not later than 60 days after the entry of such final order, any 
    person aggrieved by such final order may seek a review of such order 
    in the United States court of appeals for the circuit in which the 
    violation is alleged to have occurred or in which the employer 
    resides or transacts business.

                         (2) Further review

        Upon the filing of the record with the court, the jurisdiction 
    of the court shall be exclusive and its judgment shall be final, 
    except that the same shall be subject to review by the Supreme Court 
    of the United States upon writ of certiorari or certification as 
    provided in section 1254 of title 28.

(j) Court enforcement of administrative orders

                           (1) In general

        If an order of the agency is not appealed under subsection 
    (i)(1) of this section, the Special Counsel (or, if the Special 
    Counsel fails to act, the person filing the charge) may petition the 
    United States district court for the district in which a violation 
    of the order is alleged to have occurred, or in which the respondent 
    resides or transacts business, for the enforcement of the order of 
    the administrative law judge, by filing in such court a written 
    petition praying that such order be enforced.

                     (2) Court enforcement order

        Upon the filing of such petition, the court shall have 
    jurisdiction to make and enter a decree enforcing the order of the 
    administrative law judge. In such a proceeding, the order of the 
    administrative law judge shall not be subject to review.

              (3) Enforcement decree in original review

        If, upon appeal of an order under subsection (i)(1) of this 
    section, the United States court of appeals does not reverse such 
    order, such court shall have the jurisdiction to make and enter a 
    decree enforcing the order of the administrative law judge.

                   (4) Awarding of attorneys' fees

        In any judicial proceeding under subsection (i) of this section 
    or this subsection, the court, in its discretion, may allow a 
    prevailing party, other than the United States, a reasonable 
    attorney's fee as part of costs but only if the losing party's 
    argument is without reasonable foundation in law and fact.

(k) Termination dates

    (1) This section shall not apply to discrimination in hiring, 
recruiting, or referring, or discharging of individuals occurring after 
the date of any termination of the provisions of section 1324a of this 
title, under subsection (l) \2\ of that section.
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    \2\ See References in Text note below.
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    (2) The provisions of this section shall terminate 30 calendar days 
after receipt of the last report required to be transmitted under 
section 1324a(j) \2\ of this title if--
        (A) the Comptroller General determines, and so reports in such 
    report that--
            (i) no significant discrimination has resulted, against 
        citizens or nationals of the United States or against any 
        eligible workers seeking employment, from the implementation of 
        section 1324a of this title, or
            (ii) such section has created an unreasonable burden on 
        employers hiring such workers; and

        (B) there has been enacted, within such period of 30 calendar 
    days, a joint resolution stating in substance that the Congress 
    approves the findings of the Comptroller General contained in such 
    report.

The provisions of subsections (m) and (n) \2\ of section 1324a of this 
title shall apply to any joint resolution under subparagraph (B) in the 
same manner as they apply to a joint resolution under subsection (l) \2\ 
of such section.

(l) Dissemination of information concerning anti-discrimination 
        provisions

    (1) Not later than 3 months after November 29, 1990, the Special 
Counsel, in cooperation with the chairman of the Equal Employment 
Opportunity Commission, the Secretary of Labor, and the Administrator of 
the Small Business Administration, shall conduct a campaign to 
disseminate information respecting the rights and remedies prescribed 
under this section and under title VII of the Civil Rights Act of 1964 
[42 U.S.C. 2000e et seq.] in connection with unfair immigration-related 
employment practices. Such campaign shall be aimed at increasing the 
knowledge of employers, employees, and the general public concerning 
employer and employee rights, responsibilities, and remedies under this 
section and such title.
    (2) In order to carry out the campaign under this subsection, the 
Special Counsel--
        (A) may, to the extent deemed appropriate and subject to the 
    availability of appropriations, contract with public and private 
    organizations for outreach activities under the campaign, and
        (B) shall consult with the Secretary of Labor, the chairman of 
    the Equal Employment Opportunity Commission, and the heads of such 
    other agencies as may be appropriate.

    (3) There are authorized to be appropriated to carry out this 
subsection $10,000,000 for each fiscal year (beginning with fiscal year 
1991).

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 274B, as added Pub. L. 
99-603, title I, Sec. 102(a), Nov. 6, 1986, 100 Stat. 3374; amended Pub. 
L. 100-525, Sec. 2(b), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 101-649, 
title V, Secs. 531, 532(a), 533(a), 534(a), 535(a), 536(a), 537(a), 
539(a), Nov. 29, 1990, 104 Stat. 5054-5056; Pub. L. 102-232, title III, 
Sec. 306(b)(1), (3), (c)(1), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-
416, title II, Sec. 219(q), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-
208, div. C, title IV, Sec. 421(a), title VI, Sec. 671(d)(1)(B), Sept. 
30, 1996, 110 Stat. 3009-670, 3009-723.)

                       References in Text

    The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and 
(l)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title 
VII of the Civil Rights Act of 1964 is classified generally to 
subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 2000a of Title 42 and Tables.
    Subsections (j), (l), (m), and (n) of section 1324a of this title, 
referred to in subsec. (k), were repealed by Pub. L. 104-208, div. C, 
title IV, Sec. 412(c), Sept. 30, 1996, 110 Stat. 3009-668.


                               Amendments

    1996--Subsec. (a)(3)(B). Pub. L. 104-208, Sec. 671(d)(1)(B), struck 
out ``, 1161(a),'' after ``section 1160(a)''.
    Subsec. (a)(6). Pub. L. 104-208, Sec. 421(a), substituted ``A 
person's'' for ``For purposes of paragraph (1), a person's'' and ``if 
made for the purpose or with the intent of discriminating against an 
individual in violation of paragraph (1)'' for ``relating to the hiring 
of individuals''.
    1994--Subsec. (g)(2)(C). Pub. L. 103-416 substituted ``the Special 
Counsel'' for ``an administrative law judge'' in first sentence.
    1991--Subsec. (g)(2)(B)(iv)(II). Pub. L. 102-232, Sec. 306(b)(1), 
substituted ``subclauses (III) and (IV)'' for ``subclause (IV)''.
    Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102-232, Sec. 306(b)(3)(A), 
substituted a semicolon for period at end.
    Subsec. (g)(2)(B)(v), (vi). Pub. L. 102-232, Sec. 306(b)(3)(B), 
substituted semicolons for commas at end.
    Subsec. (g)(2)(B)(vii). Pub. L. 102-232, Sec. 306(b)(3)(C), (D), 
substituted a semicolon for comma at end and ``to remove (in an 
appropriate case)'' for ``to order (in an appropriate case) the removal 
of''.
    Subsec. (g)(2)(B)(viii). Pub. L. 102-232, Sec. 306(b)(3)(E), 
substituted ``to lift (in an appropriate case)'' for ``to order (in an 
appropriate case) the lifting of''.
    Subsec. (g)(2)(D). Pub. L. 102-232, Sec. 306(c)(1), substituted 
``physically'' for ``physicially''.
    1990--Subsec. (a)(1)(B). Pub. L. 101-649, Sec. 533(a)(1), 
substituted ``protected individual'' for ``citizen or intending 
citizen''.
    Subsec. (a)(3). Pub. L. 101-649, Sec. 533(a)(2), (3), in heading and 
text substituted ``protected individual'' for ``citizen or intending 
citizen''.
    Subsec. (a)(3)(B). Pub. L. 101-649, Sec. 533(a)(4), substituted ``is 
an alien who is lawfully admitted for permanent residence, is granted 
the status of an alien lawfully admitted for temporary residence under 
section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as a 
refugee under section 1157 of this title, or is granted asylum under 
section 1158 of this title; but does not'' for ``is an alien who--
        ``(i) is lawfully admitted for permanent residence, is granted 
    the status of an alien lawfully admitted for temporary residence 
    under section 1160(a), 1161(a), or 1255a(a)(1) of this title, is 
    admitted as a refugee under section 1157 of this title, or is 
    granted asylum under section 1158 of this title, and
        ``(ii) evidences an intention to become a citizen of the United 
    States through completing a declaration of intention to become a 
    citizen;
but does not'', and in closing provisions substituted ``(i)'' and 
``(ii)'' for ``(I)'' and ``(II)'', respectively.
    Pub. L. 101-649, Sec. 532(a), inserted reference to sections 1160(a) 
and 1161(a) of this title in cl. (i).
    Subsec. (a)(5). Pub. L. 101-649, Sec. 534(a), added par. (5).
    Subsec. (a)(6). Pub. L. 101-649, Sec. 535(a), added par. (6).
    Subsec. (d)(2). Pub. L. 101-649, Sec. 537(a), inserted ``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,'', inserted ``within 90 days after the date of receipt of the 
notice'' before period at end, and inserted at end ``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.''
    Subsec. (g)(2)(B)(iii). Pub. L. 101-649, Sec. 539(a)(1), struck out 
``and'' at end.
    Subsec. (g)(2)(B)(iv). Pub. L. 101-649, Sec. 539(a)(2), which 
directed the substitution of a comma for the period at end of cl. 
(iv)(II), could not be executed because of the general amendment of cl. 
(iv) by Pub. L. 101-649, Sec. 536(a), see below.
    Pub. L. 101-649, Sec. 536(a), amended cl. (iv) generally. Prior to 
amendment, cl. (iv) read as follows:
    ``(I) except as provided in subclause (II), to pay a civil penalty 
of not more than $1,000 for each individual discriminated against, and
    ``(II) in the case of a person or entity previously subject to such 
an order, to pay a civil penalty of not more than $2,000 for each 
individual discriminated against.''
    Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101-649, Sec. 539(a)(3), 
added cls. (v) to (viii).
    Subsec. (l). Pub. L. 101-649, Sec. 531, added subsec. (l).
    1988--Subsec. (a)(1). Pub. L. 100-525, Sec. 2(b)(1), inserted 
reference to section 1324a(h)(3) of this title.
    Subsec. (e)(3). Pub. L. 100-525, Sec. 2(b)(2), struck out ``said'' 
before ``proceeding''.
    Subsec. (g)(2)(A). Pub. L. 100-525, Sec. 2(b)(3), substituted 
``that'' for ``that that''.
    Subsec. (g)(2)(B)(ii). Pub. L. 100-525, Sec. 2(b)(4), substituted 
``1324a'' for ``1324''.
    Subsec. (g)(3). Pub. L. 100-525, Sec. 2(b)(5), substituted ``engaged 
and'' for ``engaged or''.
    Subsec. (h). Pub. L. 100-525, Sec. 2(b)(6), substituted 
``attorney's'' for ``attorneys' '' in heading.


                    Effective Date of 1996 Amendment

    Section 421(b) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by subsection (a) [amending this section] shall apply to 
requests made on or after the date of the enactment of this Act [Sept. 
30, 1996].''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-416 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this 
title.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this 
title.


                    Effective Date of 1990 Amendment

    Section 532(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to actions 
occurring on or after the date of the enactment of this Act [Nov. 29, 
1990].''
    Section 533(b) of Pub. L. 101-649 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to unfair 
immigration-related employment practices occurring before, on, or after 
the date of the enactment of this Act [Nov. 29, 1990].''
    Section 534(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to actions 
occurring on or after the date of the enactment of this Act [Nov. 29, 
1990].''
    Section 535(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 29, 1990], but shall apply to 
actions occurring on or after such date.''
    Section 536(b) of Pub. L. 101-649 provided that: ``The amendments 
made by this section [amending this section] shall apply to unfair 
immigration-related employment practices occurring after the date of the 
enactment of this Act [Nov. 29, 1990].''
    Section 537(b) of Pub. L. 101-649 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to charges 
received on or after the date of the enactment of this Act [Nov. 29, 
1990].''
    Section 539(b) of Pub. L. 101-649 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to orders 
with respect to unfair immigration-related employment practices 
occurring on or after the date of the enactment of this Act [Nov. 29, 
1990].''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-525 effective as if included in enactment 
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see 
section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of 
this title.

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related references, see note set out under 
section 1551 of this title.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


                       No Effect on EEOC Authority

    Section 102(b) of Pub. L. 99-603 provided that: ``Except as may be 
specifically provided in this section, nothing in this section shall be 
construed to restrict the authority of the Equal Employment Opportunity 
Commission to investigate allegations, in writing and under oath or 
affirmation, of unlawful employment practices, as provided in section 
706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other 
authority provided therein.''