ECONOMIC POLICY COUNCIL MEMORANDA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M00539R002303800003-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 148
• Document Creation Date: December 22, 2016
• Document Release Date: December 2, 2009
• Sequence Number: 3
• Publication Date: November 15, 1985
• Content Type: MEMO

Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
1 .1 EACCU WE SECRETARIAT
' ROUTING SUP
TO: A lON INFO DATE INITIAL
I I IDCI I x. I T- I
txxutive retory
18 Nov 85
Dub
To 17: As-DCi's rep to EPC, please
track activities of these three new
EPC working, groups.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
CABINET AFFAIRS STAFFING MEMORAND
11/15/85 Number:
Action
ALL CABINET MEMBERS ^
Vice President
State
Treasury
Defense
Justice
Interior
Agriculture
Commerce
Labor
HHS
HUD
Transportation
Energy
Chief of Staff
Education
GSA
EPA
NASA
OPM
VA
SBA
Alfred H. Kingon
Cabinet Secretary
456-2823
(Ground Floor, West Wing)
^ Don Clarey
^ Rick Davis
^ Ed Stucky
Associate Director
Office of Cabinet Affairs
ec~~onn ro..,._ f le
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
d
317025CA
Due By:
FYI
Ar
CEA
FY^1
CEQ ^
^
^
OSTP ^
^
^
^
,/
^
^
fld
0~
^
^
0
0
McFarlane 0~
^
0
Svahn
0
Chew (For WH Staffing) ^~
^
0
Kicks ^
2-
^
^
^
^
^
^
0
^
^
V
^
^
0
Executive Secretary for:
DPC
^
EPC
^
^
^
^
^
^
^
^
^
^
^
^
^
The attached memoranda from Secretary Baker
describing three new working groups are being
forwarded to you for your information.
 Investment in human capital plays a critical role in
maintaining and enhancing the competitiveness of U.S. firms in
international markets. To compete effectively in the world
market, U.S. firms must rely on high labor productivity as well
as technological advantages.
This memorandum establishes an interagency working group
under the Economic Policy Council to review the relationship of
human capital and competitiveness and develop for Council
consideration options for improving the Federal Government policy
toward encouraging the optimal amount of investment in human
capital. The Working Group should use existing data to the
greatest extent possible and focus on developing policy
recommendations that could be proposed in the FY 1987 budget
and/or the State of the Union address. The Working Group shall
complete its report to the Council by December 15, 1985.
The Working Group will include representatives at the
Assistant Secretary level or above from the Departments of the
Treasury, Commerce, and-Labor, the Office of Management and '
Budget, the Council of Economic Advisers, and the Executive
Secretary of the Economic Policy Council and other departments
and agencies as necessary, including the Department of Education.
The representative from the Department of Labor will chair the
Working Group and work closely with the Executive Secretary of
the Council in developing the sequence of issues the Working
Group will consider and in scheduling presentations to the
Council.
The Working Group's review should include, but not be
limited, to:
1. Identifying the barriers to optimal private sector
investment in human capital;
2. Assessing how other countries encourage investment in human
capital;
3. Determining whether the Federal Government should provide
the same or different incentives for investment in physical
capital or human capital and how the Federal Government
might change these incentives; and
 Sanitized Copy Approved for Release 2009/12/02 CIA-RDP87M00539R002303800003-0
4. Determining the appropriate role the Federal Government
should play in encouraging greater business-university
cooperation.
I would appreciate the Council members on the Working Group
informing the Executive Secretary of the Council the name of the
individual they wish to represent them on the Working Group by
close of business Monday, November 18, 1985. Thank you very
much.
 WASHINGTON
November 15, 1985
MEMORANDUM FOR THE ECONOMIC POLICY COUNCIL
Intellectual property rights play an important role in
enhancing American competitiveness. Broad intellectual property
rights encourage the development of new technologies and
processes which ultimately lower the costs of production for
businesses in a wide variety of industries and accelerate the
introduction of improved products and services to consumers.
Adequately defining the scope of intellectual property rights and
providing intellectual holders with mechanisms to enforce their
rights provide American businesses with optimal returns on
investment innovation and increase overall U.S. competitiveness.
This memorandum establishes a high level interagency working
group under the Economic Policy Council to review the
relationship between protection of intellectual property rights
and competitiveness and develop for Council consideration options
for improving Government policies recognizing and enforcing
intellectual property rights and encouraging optimal investment
in the innovation of new ideas, products, and services. The
Working Group should use existing data to the greatest extent
possible and focus on developing specific policy options for
Council consideration which could be included in the FY 1987
Budget or State of the Union address. The Working Group should
complete its report for the Council by December 15, 1985.
The Working Group will include representatives at the
assistant Secretary level or above from the Departments of
Treasury, State, Commerce, Labor, the Office of Management and
Budget, the United States Trade Representative, the Council of
Economic Advisers, and the Executive Secretary of the Economic
Policy Council. The representative from the
Department of Commerce will chair the Working Group and work
closely with the Executive Secretary of the Economic Policy
Council in developing the sequence of issues the Working Group
will consider and scheduling presentations to the Council.
The Working Group's review should include, but not be
limited to:
1. Assessing whether the United States has in place effective
statutes and policies to ensuring protection of patents,
trademarks, and copyright.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
2. Identifying obstacles, if any, to improving U.S. protection
of intellectual property rights.
3. Assessing whether U.S. laws and policies provide protection
of intellectual property rights to a degree equivalent to
that provided by U.S. foreign competitors.
I would appreciate the Council members on the Working Group
informing the Executive Secretary of the Council the name of the
individual they wish to represent them on the Working Group by
close of business, Monday, November 18, 1985. Thank you very
much.
James A. Baker III
 Research and development (R&D) plays a critical role in
maintaining and enhancing the competitiveness of U.S. firms in
international markets. The U.S. needs to make adequate
investments in new products and processes in order to maintain
its technological lead in many markets.
This memorandum establishes an interagency working group
under the Economic Policy Council to review the relationship of
R&D and competitiveness and develop for Council consideration
options for improving the Federal Government policy toward
encouraging the optimal amount of investment in R&D. The Working
Group should use existing data to the greatest extent possible
and focus on developing policy recommendations that could be
proposed in the FY 1987 budget and/or included in the State of
the Union address. The Working Group shall complete its report
to the Council by December 15, 1985.
The Working Group will include representatives at the
Assistant Secretary level or above from the Departments of the
Treasury and Commerce, the Office of Management and Budget, the
Council of Economic Advisers, and the Executive Secretary of the
Economic Policy Council and other departments and agencies as
necessary, including the Departments of Defense and Energy and
the National Science Foundation. The representative from the
Department of the Treasury will chair the Working Group and work
closely with the Executive Secretary of the Council in developing
the sequence of issues the Working Group will consider and in
scheduling presentations to the Council.
The Working Group's review should include, but not be
limited, to:
1. Identifying the barriers to private sector investment in R&D
and its commercialization;
3. Developing options for more effective Federal Government
targeting of basic research;
4. Assessing whether the Federal Government should subsidize
(through either spending programs or the tax code) applied
R&D, and if so, developing options for how it could do so
more effectively;
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
5. Assessing whether the Federal Government should encourage
investment in R&D in strategic areas affecting
competitiveness (e.g., semiconductor research) above what
the private sector would invest; and
6. Assessing whether the Federal Government should encourage
investment in R&D of only goods, or whether it should also
encourage investment in R&D of services, and if the latter,
how it could do so.
I would appreciate the Council members on the Working Group
informing the Executive Secretary of the Council the name of the
individual they wish to represent them on the Working Group by
close of business Monday, November 18, 1985. Thank you very
much.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?ffu of tllr Attornru General
404mgtun, I. T. 20530
EDWIN MEESE III )tO
CHAIRMAN, PRO TEMPORE
Executive F agistry
The discussion on immigration regarding the
Administration's policy position was not completed on
June 20 and will continue at the meeting scheduled for
July 10, 1985.
Several issues were
raised which
are
these supplementary
documents:
(1)
the subject of
studies on
immigration issues, (2) public opinion, and (3) general
policy position of this Administration on immigration
reform.
Studies on Immigration
The immigration issue has been studied in great detail.
Subjects of study cover all aspects of immigration, the
extent of the problem of illegal immigration and
proposed ways of dealing with the problem. Attached is
a list, compiled by INS, of some 75 studies which were
conducted from 1974 to date.
The Reagan Administration has approached this issue
with action. In 1981, the President appointed a
Cabinet-level task force headed by former Attorney
General William French Smith. This task force in the
Spring of 1981 made a number of policy recommendations
which were endorsed by the President. From those
recommendations evolved. the Administration bill and
policy positions on immigration. The Simpson/Mazzoli
bills followed thereafter and were consistent with the
Administration's positions. S. 1200, introduced by
Senator Simpson and now before the Senate continues
that pattern.
Since 1981, there have been 41 days of hearings in the
Senate and House. These included testimony by over 478
witnesses, representing all political, economic,
social, and philosophical points of view including the
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0 / _ 3Z4,!:;,
 f Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
Administration's. The Attorney General and other
officials testified in support of legislation.
Political and Public Opinion Considerations
Attached also is a list of public opinion polls taken
in the last four years on immigration issues. It sets
forth the name and date of the poll and the relevant
statistics. More detail is available to those who
would like to see it. These polls cover the entire
spectrum of the well-respected polls in this country,
and establish that a very large percentage of the
American people of all races, ethnic groups, and
economic levels strongly favor the basic reforms
encompassed in S. 1200.
Of equal public impact is the editorial and media
support for immigration reform. This media support in
the last four years has been overwhelming. Attached is
a list of newspapers which have supported immigration
reform legislation and the list of those in opposition.
Current Considerations
The Administration and the President personally have
strongly supported immigration reform for the last five
years and have stressed the need for such legislation.
With votes in the Senate of 80 to 19 and 76 to 18,
there appears to be strong bi-partisan support for
immigration reform. Attached also is a partial list of
statements made by the President in support of
immigration reform since 1981.
 Glazer, Nathan, editor, Clamor at the Gates, the New American
Immisration, 1985, Institute ror Contemporary Z~tuares _lsress, man
Francisco, California.
Maram, Sheldon, The labor market i act of His anic undocumented
immigrant son the arment and restaurant industries in-the Los
An&eTeess cuntyy, Eu erton,Cafi rnfa statee Universi ty,~19837
70 P-77 A study prepared for the Rockefeller Foundation).
Montoya, Ricardo and Wayne Cornelius, America's New immigration
Laws: Or ins, Rationales and Potential onseq~u__e__nces,--1 88,
Center Ior U.S.S. 'Mexican Studies, University_of a-lil ornia, San
Diego, California.
Kritz, Mary, editor, U.S. Immigration and Refugee Policy, - Global
and Domestic Issues, 1983, Lexington Books, Lexington,
MaassacEusetts.
Chiswick, Barry, editor, The Gateway:U_S_ Iami&pE~ration Issues and
Policies, 1982, American 'Enterprise Institute for Pu~7ic PoTicy
Research, Washington, D.C.
Bouvier, Leon, The Impact of Immigration_ on U.S. Population Size,
1981. The Population Reference-Bureau, Washington, D.~
North, David, Enforciny, the Immijration Laws: A Review of the
Options, 1980, New 'transCentury Youn on, NTasnington, IS G~
Weintraub, Sidney and Stanley Ross, The illegal -alien-from
Mexico: Policy. Choices for an IntractaSTe issue, 1980, Mexico
United States $oraer research, LTtiiivversity of 'Texas, Austin,
Texas.
Fogel, Walter, Mexican ille al alien workers in the United
States, Los Angeles, Institute o t Industrial Relations,
University of California [19781 204 p. (Monograph series, 20).
Corwin, Arthur, editor, Immi&rants and Immiigrants: Prespectives
on Mexican Labor Mi ration to the United-Stateess, T978,- Greenwood
--------------- --------------------
Rress, Westport, onn----
ecticut.
Cardenas, Gilbert, Manpower impact and --problemsof Mexican
illesal aliens in_ an urban marTcet-, University of_Illinois at
Urnana-CFampaign, Center for_Advanced Computation, 1976, 269 p.
North, David S., and Marion F. Houstoun, The characteristics and
role of illejal aliens in the U.S. labor market: ih exploratory
study,-Washington--Linton an3Z o. 1970,-183-p---
 The use of _ublie services by undocumented aliens in Texas: a
stuctY of mate costs anFd - revenues, a r_egort =t FeOnaocumente_d
Vlorkers1 Ticy esearc~i Proj ect, t_tie University o_f Texas at
Austin, Lyndon D. Jofinson Sc o'T oT Pu6TTc ATTaTrs, QniversTty of
Texas at Austin, 1984, 225 p. (Project directors: Sidney Weintaub
and Gilberto Cardenas)
U.S. Select Commission on Immigration and Refugee Policy, U.S.
immigration polio andthe national interest: final report,
WasEiingtoonn, U7S.-government PrTnting~OTTice, 1981, 45sp.
U.S. Select Commission on Immigration and Refugee Policy, U.S.
inmiy,ration_policy and the, national interest: staff report,
WasfiingTon, US. Government PrTnnttTng~TTTce,'1981, 916'p.
Community Research Associates, Undocumeted immi rants: their
impact on the County of San Diego, San-- iego, 996. 378 p.
TPrepared Tor-tne County oT7an Diego).
Siegel, Jacob S., Jeffrey S. Passel, and J. Gregory Robinson,
"Preliminary review of existing studies of the number of illegal
residents in the United States", Washington, U.S. Bureau of the
Census, 1980, 65 p.
U.S. Interagency Task Force on Immigration Policy, Staff report,
Washington, Departments of Justice, Labor and State, 1979, 540 p.
Van Arsdol, Maurice D., Jr., and others, Non-apprehended and
apprehended undocumented residents in the Los AneTes Tabor
marfcet_-an eexToratorY_stuay,-Los-Angeles,-Oniverrssty oT-~outfern
CaTTTornia, 1979, 182 p.
U.S. Congress, House Select Committee on Population, Legal and
Ille&al immigration to the United States, report, 95thongress,
iu session. Wasington,-TT- Government Printing Office, 1978,
68 p.
LeBel, Allen and David North, Manpower and Immigration Policies
in the United States, 1978, National Commission or Manpower
PoTTcy, Washington, D. C.
\illalpando, Vic, A Study of the Socioeconomic Impact of IlleEal
Aliens in the CountToL 9TE e$o, X977, County oT fan sego
Human Resources-Agency.---
U.S. Domestic Council Committee on Illegal Aliens, Preliminary
report, Washington, U.S. Department of Justice, 1976,1T p.
Weissert, William and David S. North, Inmi rants and the Americann
Labor Force, prepared for U.S. Department- oT Lasor, 1974,
Washington, U.S. Government Printing Office.
 Houstoun, Marion F., Aliens in irregular status in the United
States: a review of their nurb ers, ctaractertstics, ancT-role in
tfie Ci. Ta or market, International migration, v.21, no. 3, pps.
---------------------
372-414.
Huddle, Donald L., et al, Illegal Immigration: Job Displacement
and Social Costs, 1985, American Immigration Control-Foundation,
ATexanoria, Virginia.
Conner, Roger, Breaking Down the Barriers: The Chan in
Relationshi s Between 1Tfe a mm ration anti Weftare, 1982,
keaeration for American Inmigration Ietorm,-Washington
Tanton, John, Rethinking Immigration Policy, 1979, Federation for
American Immigration_Reorm Washington, D.C.
 October 1984 Gallup 75 percent of national sample of 1500
thought it should be against the law to
hire an illegal alien.
79 percent of national sample of 1594
thought "it should be against the law to
employ" an illegal alien, including 75
percent of Hispanics (98).
June/July 1983 Tarrance/Hart Substantial majorities of both Hispanics
and Blacks in a national sample of
1800 Hispanies; 800 Blacks favor
employer sanctions and increased border
enforcement to curb illegal migration.
April 1983 National Fed. Nationwide NFIB membership poll found
of Business that 72 percent of respondents favored
"vigorously restricting the flow of
illegal aliens into the U.S."
March 1983 Los Angeles anployer sanctions favored by 70 percent
Times of Anglos, 85 percent of Blacks, and 38
percent of Latinos statewide in
California. Sample of 1,498 incl.
568 Latinos.
November 1982 Sheinkman poll 97 percent agreed that employer sanc-
of labor union tions would be most effective action
leaders U.S. government could take to control
illegal immigration. Sample of 31
states.
June 1982 Field Poll 76 percent support severe penalties on
employers who hire illegal aliens
(Whites-76%; Hispanics-71%; Blacks-
81%). California. Only 1993 respon-
dents 75 percent say illegal immigrants
have a more unfavorable than favorable
effect overall (Whites-76%; Hispanics-
64%; Blacks-71%).
August 1981 Institute for 67 percent of all Texans favored
Constructive increased efforts by the State of
Capitalism. Texas to prevent illegal aliens from
entering the state. (Whites-70%;
Hispanics-53%; Blacks-70%).
Summer 1978 Jasso Poll 60 percent of Hispanic surnamed house
holds in Texas favored a law "to stop
people from hiring undocumented workers."
72 percent of non-Hispanics also favored
such a law. Sample of 1315 respondents incl.
799 Hispanics.
 October 1983 Gallup Poll Nationwide sample; 1549 respondents
o 75 percent of Hispanic respondents favored a law making it "against
the law to employ a person who has come into the United States
without proper papers."
o 75 percent of Hispanic respondents said they thought "everyone in
the U.S. should be required to carry an identification card such as
a Social Security card".
June/July 1983 Tarrance/Hart Poll Nationwide sample; 1600 respondents
o 66 percent of Hispanic citizens (800) favored "having penalties and
fines for employers who hire illegal aliens."
o 63 percent of Hispanic citizens (800) favored "making major
increases in the amount of money the U.S. government spends on
patrolling the U.S. borders in order to stop illegal immigrants
from entering the country."
o 64 percent of Hispanic citizens (800) said they thought "tough
restrictions on illegal immigration are the right approach because
illegal immigrants take jobs away from American workers and give
anployers a way to avoid paying decent wages."
July 1982 Field Poll: California 993 incl. 86 Hispanics
0 71 percent of Hispanics statewide support severe penalties on
employers who hire illegal aliens.
o 64 percent of Hispanics said that the effect of illegal immigrants
on the state overall was "unfavorable".
August 1981 Texas Poll Sample of 2,041
o 53 percent of Hispanics favored increased efforts by the State of
Texas to prevent illegal aliens from entering the state.
Sumner 1978 Jasso Poll: Texas
o 60 percent of Hispanic surnamed households (799) favored a law "to
stop people from hiring undocumented workers," including 69
percent of Hispanics in the border regions (264).
Exhibit 2
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 The
New York Times
The Christian Science Monitor
The
Washington Post
U.S. News and World Report
Los
Angeles Times
Texarkana Gazette
Los
Angeles Herald
Minneapolis Star and Tribune
The
San Diego Union
Commonwealth,Scotland Neck,N.C.
The
San Diego Tribune
New Orleans Times Picayune
The
Corpus Christi Times
Dallas Times Herald
The
Denver Post
Democrat-Chronicle,Rochester NY
Seattle Post-Intelligencer
The Miami Herald
The Philadelphia Inquirer
Herald-Dispatch, WV
Avalanche Journal, TX
Record and Landmark, NC
Owensboro Messenger, KY
Hopkinsville New Era KY
Evening Item, MA
Lewiston Tribune, ID
Dallas Morning News
Honolulu Star-Bulletin
Pomona Progress Bulletin
Boston Herald American
Pittsburg Post-Gazette
Detroit Free Press
San Francisco Chronicle
Pittsburg Press
New York Daily News
Waco Tribune-Herald
Bend Bulletin, OR
Longview Morning Journal TX.
The Birmingham News, AL
The Macon Telegraph, GA
The Times, Hammond IN
The Columbus Dispatch
The Detroit News
The Sacramento Bee
Portland Oregonian
Advocate-Messenger KY
Gadsden Times
Post Herald, AL
Yakima Herald-Republic
Evansville Courier, IN
Daily Evening Item, Lynn, MA
The Democrat-Herald, OR
Progress Bulletin, CA
News and Observer, NC
Burlington County Times, NJ
Valley News and Green Sheet, CA
The El Cajon Californian
San Antonio Express
Corpus Christi Caller Times
Pampa Texas News
Palo Alto Peninsula Times-Trib.
Bakersfield Californian
Providence Sunday Journal
Thomasville Times, NC
Salt Lake City Tribune
Temple Telegram, TX
Havre Daily News, MT
The Seattle Times
Monterey Peninsula Herald
Bay-Town News Sun, TX
St. Louis Post-Dispatch
Chicago Tribune
Gainesville Register
Mt.Clemens-Macomb Daily, MI
USA Today
Greensboro Daily News, NC
St. Petersburg Times
The Chicago Sun Times
St. Paul Pioneer Press
Sentinel Star, Mn
Buffalo Evening News
Newsday, NY
Alameda Times Star
Milwaukee Journal, WI
Standard Times, New Bedford MA
The Press Courier, Oxnard Ca.
San Gabriel Valley Tribune, CA
The Cincinnati Post, OH
 The Sentinel Record, AR
Kennebec Journal, ME
The Daily Olympian, WA
The Fresno Bee, CA
Newsweek
Texas City Sun
The Star Ledger, NJ
The Daily Chronicle, WA
Register-Guard, OR
The Denison Herald, TX
The Courier-Journal KY
Nevada State Journal, NV
Spectrum, St. George, Utah
U.S. News and World Report
Richmond Times Dispatch
Middlesboro Daily News, KY
The Selma Enterprise, CA
The Baltimore Sun, MD
The Santa Barbara News-Press Idaho State Journal
Denton Record Chronicle, TX Fort Worth Star Telegram
Rochester Times-Union, NY Daily Times Advocate, CA
Whittier Daily News, CA The Lufkin News, TX
Houston Chronicle Louisville Times, KY
The Indianapolis News, IN The Tucson Daily Territorial,AZ
The Tulsa World, OK Hawaii Tribune-Herald
The Fullerton Daily News, CA Pittsburg Post-Gazette
The Cleveland Plain Dealer Raleigh News and Observer
The Berkshire Eagle, MA The Knoxville News-Sentinel, TN
Reno Evening Gazette, NV Alexander City Outlook, AL
The Fall River Herald News,MA The Cullman Times, AL
Corsicana Daily Sun, TX Athens News Courier, AL
The Post-Register, ID Tacoma News Tribune, WA
The Hartford Courant Ogden Standard Examiner
The Honolulu Advertiser St. Louis Globe Democrat
The Denison Herald, TX The Boston Globe
The Atlanta Constitution, GA The Des Moines Register
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
The Wall Street Journal
The Arizona Republic
The Arizona Daily Star
The Santa Fe New Mexican
The Orange County Register
The Modesto Bee
The Washington Times
The Rocky Mountain News
The Tucson Citizen
Albugerque Journal
The El Paso Times
The Oakland Tribune
The Larado News
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
July 30, 1981 The White House The Attorney General is undertaking
administrative actions, and submitting
to Congress, on behalf of the Adminis-
tration, a legislative package, based on
eight principles:
? continue America's tradition as a
land that welcomes peoples from
other countries.
? establish control over immigration
? recognize a special relationship
with our closest neighbors
? recognize that Mexico has
historically benefitted from
employment in the United States
? illegal immigrants have
established equities in the US
should be recognized
? strive to distribute fairly the
impacts of our national immigration
and refugee policy
? seek ways to integrate refugees
into our society
? recognize that immigration and
refugee problems require
international solutions.
October 19, 1983 Presidential News I supported actively and worked hard for
Conference the passage twice of the Senate bill on
immigration.
I want to sign, as quickly as possible,
immigration legislation.
December 2, 1983 O&A's Session with We have legislation, however, in the
Student Participants - Congress right now, that we've been
Foundation Program trying to get passed.
There are a great many illegal migrants
coming into our country, and we're
trying with this legislation to restore
it to legal immigration.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
January 13, 1984 Republican Women We have what we think is a sensible
Officials program for immigration. And we're
White House Luncheon going to keep pressing for it until we
get it.
April 17, 1984 National Hispanic I will insist that any immigration
Leadership Conference legislation passed by the Congress
provides for fair and effective
enforcement.
June 14, 1984 Presidential News But the simple truth is that we've lost
Conference control of our own borders, and no
nation can do that and survive.
July 2, 1984 San Antonio, TX Yes, I think the bill as introduced is
cost-effective and is fair. And it's
also necessary, because the simple truth
is we've lost control of our borders.
And no country can afford that.
We also, I think, in this bill, are
taking action against those employers
who literally entice illegal entry into
the country with the promise of jobs,
but then take advantage of those
individuals.
So, the only way we can see is
sanctions.
All we ask is that the employer be
subject to sanctions if they are trying
to go around this bill and hire,
knowingly, undocumented workers.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
October 21, 1984 League of Women Mr. Mondale: I think you're right that
Voters - 1984 the polls show that the majority of
Presidential Debate Hispanics want the bill, so I'm not
doing it for political reasons.
The President: Georgia Anne, we,
believe me, supported the
Simpson/Mazzoli Bill strongly and the
Bill that came out of the Senate.
I supported this Bill, I believe in the
idea of amnesty for those who have put
down roots and who have lived here even
though sometime back they may have
entered illegally. With regard to the
employer sanctions, this - - we must
have that.
And, I'm going to do everything I can
and all of us in the administration are,
to join in again, when Congress is back
at it, to get an immigration bill that
will give us, once again, control of our
borders.
Well, my rebuttal is, I've heard the
national debt blamed for a lot of
things, but not for illegal immigration
across our border - and it has nothing
to do with it.
 O fftre of tip Attorneu (5eneral
1Uas4ingtnn, 1. (Q. 20530
MEMORANDUM FOR THE DOMESTIC POLICY COUNCIL
FROM: Edwin Meese III
Chairman, Pro Tempore
The Senate Judiciary Subcommittee on Immigration and
Refugee Reform has scheduled hearings on June 24, 1985, on S.
1200, The Immigration Reform and Control Act of 1985, which was
introduced in May by Senator Simpson. Justice Department
officials are scheduled to testify. The bill, while similar to
the Simpson-Mazzoli bill of 1983, attempts to meet the criticism
leveled at the 1983 bill, principally by modifying the employer
sanction and verification provisions as well as the provisions
for conferring legalized status on resident illegal aliens. (A
side-by-side comparison of the main provisions of the two bills
is attached.)
S. 1200 represents a significant reform of the
immigration laws. While a House sponsor has yet to emerge, the
Administration must decide on the approach it will take at the
June 24 hearing.
II. BACKGROUND
The Administration has strongly supported immigration
reform for the last several years. In 1981, acting on the
recommendations of the Presidential Task Force on Immigration and
Refugee Policy chaired by former Attorney General Smith, the
President announced an Administration bill proposing fundamental
immigration law reforms. The Administration bill, introduced in
October 1981, became the basis of the subsequent Simpson-Mazzoli
bill, which was introduced in its original form in March 1982.
The first Simpson-Mazzoli bill passed the Senate by a wide margin
in August of that year, but died in the House under the weight of
nearly 300 amendments.
The bill was reintroduced in both houses in 1983.
After again passing the Senate, it encountered significant
opposition in the House. After President Reagan reaffirmed his
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
support for immigration reform in late 1983, the House
leadership agreed to bring the legislation to the floor.
Following protracted debate, Simpson-Mazzoli passed the House on
June 20, 1984. The employer sanctions provisions in the bill
passed by a substantial margin. The amnesty-legalization
provisions were approved on a close vote. Last October, the bill
died in conference committee after four weeks of negotiation over
issues ranging from employment discrimination to the amount of
federal reimbursement funds to be made available for additional
social service costs incurred by the states.
Immigration reform is a critical issue. New
legislation is required for several reasons. Among the most
important are:
o Control of our borders is an essential component of
national sovereignty. The current influx of illegal
aliens, especially along the Mexican border, undermines
our territorial integrity. The U.S. Border Patrol
apprehended a record 1.138 million illegals in FY 1984.
o Illegal immigrants compete for jobs with American
workers and are perceived by many to be "stealing" jobs
from unemployed Americans.
o Large illegal alien populations in several states place
a strain on social service systems.
o Fear of apprehension and deportation prevents many
illegal immigrants from seeking law enforcement
assistance or protection from serious abuses.
o Failure to develop a coherent, national immigration
policy encourages haphazard, conflicting state and
local responses which may be inconsistent with national
policy goals.
President Reagan reiterated his support for immigration
reform during the 1984 campaign. Immigration reform has garnered
significant media attention and considerable favorable editorial
comment. -Editorial support for the key provisions of immigration
reform legislation has been overwhelming.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
- 3 -
III. SUMMARY OF S. 1200
Unlawful-Employment of Aliens
o Provides for sanctions against all employers of illegal
aliens.
o Provides, after a one year transition period, civil
fines for knowingly hiring illegal aliens, ranging from
$100-$2,000 per illegal alien hired for the first
offense to $3,000--$10,000 for "pattern or practice"
violations.
o Although there are no mandatory verification or record
keeping procedures, provides that only employers with
four or more employees who follow the described proce-
dure will have an affirmative defense; other employers
will be presumed to have hired knowingly any illegal
aliens found in their employment.
o Provides that fines are to be determined by immigration
judges subject to judicial review by the circuit
courts.
Legalization of Status
o Authorizes temporary legal resident status for illegal
aliens who establish either that they have resided
continuously in the U.S. since before January 1, 1980,
or that they are Cuban--Haitian entrants known to the
government prior to January 1, 1981.
o Provides that persons receiving temporary status may
convert to permanent resident status in 30 months if
they satisfy requirements of minimal language
competence and minimal knowledge of U.S. history and
government.
Legalization Commission
o Establishes a national commission on immigration
enforcement mechanisms, composed of 16 members
appointed by the President from lists of names
submitted by the Speaker of the House and the President
Pro Tempore of the Senate.
o Defers granting lawful status to qualifying illegal
aliens until the commission reports that appropriate
immigration enforcement mechanisms are in place that
substantially control illegal entry into the U.S.,
prevent and deter violations of the terms of entry, and
eliminate substantially the employment of illegal
aliens.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
4 -
State Legalization Impact Assistance Grants
o Authorizes a three-year block grant program, capped at
$600 million per year, to assist state and local
governments in meeting the costs of public assistance
caused by the legalization program.
o Within the $600 million cap, authorizes reimbursement
to states for the imprisonment of illegal aliens.
Increased Penalties for Immigration Related Violations
o Establishes new criminal offenses for knowingly
bringing an illegal alien to the U.S., and increases
felony penalties for fraud and counterfeiting of
identification documents.
Temporary Agriculture Programs
o Establishes special statutory procedures for "H-2"
seasonal workers in agriculture that streamline the
application and review process while maintaining the
labor market test and assessment of need.
o Allows agricultural employers to continue to employ
certain illegal aliens in declining numbers over a
three-year transition period.
o Establishes a 12-member commission on agricultural
worker programs, to be appointed by the Speaker of the
House, the President Pro Tempore of the Senate, the
Secretaries of Agriculture and Labor, and the Attorney
General to report to Congress within two years any
specific legislative recommendations regarding
temporary worker programs.
Funding for Improved Enforcement
o Authorizes specific amounts for INS for FY 1986 ($840
million) and 1987 ($830 million) to increase the Border
-Patrol and other enforcement activities.
0 Authorizes "such sums as may be necessary" for
increased enforcement efforts by the Department of
Labor to discourage the employment of illegal aliens.
Reporting Requirements
o Requires the Administration to provide Congress with
the following reports: (a) triennial Presidential
reports on various impacts of immigration; (b) annual
Presidential reports for five years concerning the
effectiveness and impact of employer sanctions; and
(c) GAO annual reports for five years on the
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
implementation of employer sanctions, to assess if a
pattern of employment discrimination has developed
against citizens or eligible resident workers, and to
determine whether an unnecessary regulatory burden has
been created for employers.
o Creates a task force composed of the Attorney General,
the Chairman of the U.S. Civil Rights Commission, and
the Chairman of the EEOC to review each GAO report and
to recommend any legislative remedies if a pattern of
discrimination appears.
Other Changes
o Contains several provisions which will make small but
important changes in the legal immigration process,
including: (a) making more visas available to
residents of "colonies," such as Hong Kong (up to 3,000
annually from the current 600); (b) authorizing a pilot
non-immigrant visa waiver program for up to eight
countries; and (c) providing special relief to certain
family members of employees of international
organizations.
IV. POLICY COMPARISON OF S. 1200 AND THE 1983
SIMPSON MAZZOLI BILL
Employer Sanctions
The principal differences between the 1983 bill and S.
1200 are found in the areas of employer sanctions and legali-
zation. The 1983 bill would have required employers to verify
the citizenship of prospective employees. That bill also
contained stringent employment eligibility verification record
requirements. Stiff civil and criminal penalties were provided
for employers who violated these provisions. By contrast,
S. 1200 takes a less stringent approach. Criminal penalties are
eliminated, as are the mandatory recordkeeping requirements and
employee identification and verification requirements. Instead,
by making records documenting verification an affirmative defense
to charges of hiring illegal aliens, employers are provided
significant incentives to verify the citizenship of new
employees. Employers who fail to keep such records will confront
a rebuttable presumption that they knowingly hired illegal
aliens.
Legalization
In S. 1200, automatic legalization provisions have been
replaced by a "triggering" approach. The new bill would
establish a Presidentially-appointed commission which first would
have to find that the employer sanction provisions were working
to stem the influx of illegal aliens before the bill's legali-
zation provisions would become effective. After such a
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
V -
determination was made, aliens who have maintained a permanent
residence in the United States since January 1, 1980 (or January
1, 1981 in the-case of certain Cuban and Haitian refugees) could
become temporary legal residents. These individuals will later
be able to obtain permanent resident status if they are able to
meet minimal language and U.S. history competence requirements.
Temporary Agricultural Workers
There also are some changes in the new bill's approach
to temporary agricultural workers. S. 1200 attempts to fashion a
compromise between the need for agricultural workers and the
desire to prevent the displacement of U.S. workers -- similar to
that which emerged from the conference committee last year. It
incorporates a streamlined H-2 temporary worker program with a
three year transition period during which farm employers could
continue to hire illegal aliens. Several departments within the
Administration have indicated different responses to these
provisions. These differences should be resolved in favor of a
unified Administration position before the June 24 testimony.
V. ANALYSIS AND DISCUSSION
Option 1: Support of Simpson Bill (S. 1200) in its Entirety
Pros
o S. 1200, which was crafted by Senator Simpson to
overcome objections to the predecessor
Simpson-Mazzoli bill, is closer to the
Administration's original bill in important
respects, and also may be the most politically
viable proposal.
o Administration support of Simpson's current
proposal would increase its chances of success by
presenting a united front on immigration reform.
o The "trigger" legalization approach may be more
acceptable to those in the Administration who
found the simultaneous amnesty approach of the
Simpson-Mazzoli bill too generous.
o The elimination of mandatory employer identity
verification requirements, recordkeeping
requirements, and criminal sanctions would make
the bill more attractive to the business
community.
o S. 1200 may not be politically viable. Althouch
the legalization change may attract some
supporters, it may be offset by opposition from
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
those willing to support reform only if it
includes simultaneous enactment of amnesty and
employer sanction provisions.
o Weakened employer verification and sanction
provisions may reduce the disincentive to hire
illegals to the point that the bill would not
reduce the influx of illegal aliens.
o Many opponents of the legalization provisions of
the Simpson-Mazzoli bill will continue to oppose
deferred amnesty on philosophical grounds.
o S. 1200 may be an inefficient allocation of funds
in that it may provide insufficient funds for
Border Patrol enforcement.
o The "non-mandatory" employer verification
incentives may encourage employers seeking to
establish an affirmative defense to adopt
discriminatory employee identity verification
measures.
o Limiting Administration support of the Simpson
bill to its "goals" would reaffirm Administration
support for immigration reform, without
constraining the President's flexibility to
negotiate with House leaders or support variations
of the Simpson bill or other proposals.
o Selection of this option also would allow the
Administration to seek amendments to particular
provisions of the bill, such as the three year
transitional period during which farm employers
could continue to hire illegal aliens rather than
relying exclusively on the streamlined H-2
temporary worker program and the cap on
reimbursable state expenses, and would clarify in
the statute an employer's right to inquire about
the legal status of potential employees.
0 Limited Administration support would decrease
significantly the Simpson bill's chances of
passage, would weaken Simpson's negotiating
position in an eventual conference committee
debate, and thereby, would decrease the chances of
enactment of any immigration reform legislation.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
U -
o Selection of option 3 would allow a reexamination
of the foundations of the Simpson-Mazzoli bill:
employer sanctions and legalization. For example,
enhanced border enforcement and increased economic
aid to Mexico and Central America might be a
better approach, or an increase in legal
immigration quotas might release current
immigration pressures.
o Even with the new "trigger" approach, the bill
would confer legalized status on law breakers.
o It is difficult to estimate the direct and
indirect costs of enforcement of the proposed
labor standards in S. 1200.
o Opposing S. 1200 would contradict past
Administration support for immigration reform,
especially in light of recent newspaper stories
hearlding Administration support for the Simpson
effort.
0 Refusing support of any kind would play into the
hands of Democratic critics who have argued that
the Administration is not serious about
immigration reform.
o Given the lack of viable alternatives, opposition
effectively would end the chances of immigration
reform in this Congress.
 Comparison of S. 1200 and the 1983 Bill
EMPLOYER SANCTIONS
Current Bill
(S. 1200) -
Strong Sanctions
No Mandatory
Verification
Last Session
S. 5
Mandatory
Verification
Keeping records
provides affirmative
defense.
Civil Fines
Only
LEGALIZATON
Civil and
Criminal
Current Bill
Last Session
S. 120
S. 529
Triggered
Legalization in
Legalization
90 days
Eligibility Dates
1/1/80
1/1/77
Permanent
1/1/81 if
1/1/80
Temporary
Cuban-Haitian
1/1/81
Cuban-
Haitian
Social
Welfare Cost: Authorized "Such
Capped
$600
Million
Sums as necessary
Block
Grant
to
for 6 years.
states
for 3
years
Administration
beginning in
FY
advocated a cap.
legalization
ends.
Failed Conference
Compromise of $1
B/year for 4 yrs.
Strong fines make
economic deterrent.
Commission to
determine if sanctions
work and borders
under control.
One tier with
English and U.S.
History and Gov't
Minimal Requirement.
S. 1200 is a better
approach to control
costs and avoid
uncontrolled future
payments.
 Current Bill
~
Last Session
S. 529)
Establishes
Statutory
Program
Transitional
Agricultrual
Worker Program
Commission on
Agricultrua1
Workers
Similar, but less
streamlined and
without emergency
provisions.
Same three year
"Phase down"
Program.
Goes farther than the
1981 Administration
Bill Developed from
compromise in
conference.
Not previously opposed by
Administration.
No previous
Administration position
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
I It
0
99TH CONGRESS
1ST SESSION
To attend the Immigration and Nationality act to effectively control unauthorized
immigration to the United States, and for other purposes.
S.1200
MAY 23 (legislative day, APRIL 10), 1985
Mr. SIMPSON introduced the following bill: which was read twice and referred to
the Committee on the Judiciary
A BILL
0
To amend the Immigration and Nationality Act to effectively
control unauthorized immigration to the United States, and
for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tires of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; REFERENCES IN ACT.
4 (a) SHORT TITLE.-This Act may be cited as the "Im-
0 migration Reform and Control Act of 1985".
6 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
7 ITT ACT.-Except as otherwise specifically provided in this
8 Act, whenever in this Act an amendment or repeal is ex-
9 pressed as an amendment to, or repeal of, a provision, the
 2
1 reference shall be deemed to be made to the Immigration and
2 Nationality Act.
?
TABLE OF CONTENTS
Sec. 1. Short title; references in Act.
TITLE I-CONTROL OF ILLEGAL IMMIGRATION
PART A-FUNDING FOR IMPROVED ENFORCEMENT
See. 101.
Sec. 102.
Authorization of appropriations for enforcement and service activities of
the Immigration and Naturalization Service and wage and hour
enforcement.
User fees.
PART B-INCREASED PENALTIES FOR IMMIGRATION-RELATED VIOLATIONS
Sec. 111.
Unlawful transportation of aliens to the United States.
Sec. 112.
Fraud and misuse of certain immigration-related documents.
Sec. 113.
Restrictions on adjustment of status.
PART C-CONTROL OF UNAUTHORIZED EMPLOYMENT OF ALIENS
Sec. 121.
Making knowing employment of unauthorized aliens unlawful.
Sec. 122.
Temporary agricultural worker program.
Sec. 123.
Agricultural labor transition program.
is
Sec. 124.
Commission on temporary agricultural worker program.
TITLE IT-LEGALIZATION OF STATUS OF CERTAIN LONG-TIME
RESIDENTS
Sec. 201. Legalization Commission.
Sec. 202. Legalization of status.
Sec. 203. State legalization impact-assistance grants.
TITLE III-OTHER CHANGES IN THE IMMIGRATION LAW
Sec. 301. Change in colonial quota.
Sec. 302. Visa waiver for certain visitors.
Sec. 303. G-4 special immigrants.
Sec. 401. Triennial comprehensive report on immigration.
Sec. 402. Reports on unauthorized alien employment and discrimination in employ-
ment.
Sec. 403. Report on visa waiver pilot program.
Sec. 404. Presidential reports on any legalization program.
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
?
TITLE I-CONTROL OF ILLEGAL IMMIGRATION
PART A-FUNDING FOR IMPROVED ENFORCEMENT
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR EN-
FORCEMENT AND SERVICE ACTIVITIES OF THE
IMMIGRATION AND NATURALIZATION SERVICE
AND WAGE AND HOUR ENFORCEMENT.
(a) Two ESSENTIAL ELEMENTS.-It is the sense of
Congress that two essential elements of the program of immi-
gration control established by this Act are-
(1) an increase in the border patrol and
11 spection and enforcement activities of the Immigration
12 and Naturalization Service and of other appropriate
13 Federal agencies in order to prevent and deter the ille-
14 gal entry of aliens into the United States and the viola-
15 tion of the terms of their entry, and
16 (2) an increase in examinations and other service
17 activities of the Immigration and Naturalization Serv-
18 ice and other appropriate Federal agencies in order to
19 ensure prompt and efficient adjudication of petitions
20 and applications provided for under the Immigration
21 and Nationality Act.
(b) INCREASED AUTHORIZATION OF APPROPRIATIONS
23 FOR INS.-Section 404 (8 U.S.C. 1101 note) is amended to
24 read as follows:
.s i2nn IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 4
1 "AUTHORIZATION OF APPROPRIATIONS
2 "SEC. 404. There are authorized to be appropriated to
3 the Department of Justice for the Immigration and Natural-
4 ization Service-
5 "(1) for fiscal year 1986, $840,000,000, and
6 "(2) for fiscal year 1987, $830,000,000.".
7 (C) SENSE OF CONGRESS REGARDING ENFORCEMENT
8 OF THE IMMIGRATION LAWS.-It is the sense of the Con-
9 gress that-
10 (1) the immigration laws of the United States
11 should be enforced vigorously and uniformly, and
12 (2) in the enforcement of such laws, the Attorney
13 General should take due and deliberate actions neces-
14 sary to safeguard the constitutional rights, personal
15 safety, and human dignity of United States citizens and
16 aliens.
17 (d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIA-
18 TIONS FOR WAGE AND HOUR ENFORCEMENT.-There are
19 authorized to be appropriated, in addition to such sums as
20 may be available for such purposes, such sums as may be
21 necessary to the Department of Labor for enforcement activi-
22 ties of the Wage and Hour Division and the Office of Federal
23 Contract Compliance Programs within the Employment
24 Standards Administration of the Department in order to deter
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
q
5
1 the employment of unauthorized aliens and remove the eco-
2 nomic incentive for employers to exploit and use such aliens.
3 SEC. 102. USER FEES.
4 (a) AUTHORIZATION OF CERTAIN USER FEES.-SeC-
5 tion 281 (8 U.S.C. 1351) is amended-
6 (1) by amending the heading to read as follows:
7 "NONIMMIGRANT VISA FEES AND ALIEN USER FEES";
?
0
(2) by inserting "(a) NONIMMIGRANT
FEES.-" after "SEC. 281."; and
(3) by adding at the end the following new sub-
11 section:
12 "(b) ALIEN USER FEES.-The Attorney General, in
13 consultation with the Secretary of State, may impose fees on
14 aliens with respect to their use of border facilities or services
15 of the Service in such amounts as may reasonably reflect the
16 portion of costs of maintenance and operation of such facili-
17 ties and provision of such services attributable to aliens' use
18 of such facilities and services.".
19 (b) CONFORMING AMENDMENT TO TABLE OF CON-
20 TENTS.-The item in the table of contents relating to section
21 281 is amended to read as follows:
"See. 281. Nonimmigrant visa fees and alien user fees.".
 6
1 PART B-INCREASED PENALTIES FOR IMbIIGRATION-
2 RELATED VIOLATIONS
3 SEC. 111. UNLAWFUL TRANSPORTATION OF ALIENS TO THE
UNITED STATES.
(a) CRIMINAL PENALTIES.-Subsection (a) of section
274 (8 U.S.C. 1324) is amended to read as follows:
"(a) CRIMINAL PENALTIES.-(1) Any person who-
"(A) knowing that a person is an alien, brings to
or attempts to bring to the United States in any
manner whatsoever such person at a place other than
a designated port of entry or place other than as desig-
nated by the Commissioner, regardless of whether such
alien has received prior official authorization to come
to, enter, or reside in the United States and regardless
of any future official action which may be taken with
16 respect to such alien;
17 "(B) knowingly or in reckless disregard of the fact
18 that an alien has come to, entered, or remains in the
19 United States in violation of law, transports, or moves
20 or attempts to transport or move such alien within the
21 United States by means of transportation or otherwise,
in furtherance of such violation of law; or
23 "(C) knowingly or in reckless disregard of the fact
24 that an alien has come to, entered, or remains in the
25 United States in violation of law, conceals, harbors, or
?
?
?
_C "An IC
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
I shields from detection such alien in any place, includ-
2 ing any building or any means of transportation,
3 shall be fined, imprisoned not more than five years, or both,
4 for each alien in respect to whom any violation of this subsec-
5 tion occurs. For the purposes of subparagraph (C) of this
6 paragraph, employment (including the usual and normal prac-
tices incident to employment) by itself does not constitute
g harboring.
9 "(2) Any person who, knowingly or in reckless disre-
10 gard of the fact that an alien has not received prior official
11 authorization to come to, enter, or reside in the united
12 States, brings to or attempts to bring to the United States in
13 any manner whatsoever, such alien, regardless of any official
IP 14 action which may later be taken with respect to such alien
15 shall, for each transaction constituting a violation of this sub-
16 section, regardless of the number of aliens involved-
17 "(A) be fined, or imprisoned not more than one
18 year, or both; or
19 "(B) in the case of-
20 "(i) a second offense,
21 "(ii) an offense done for the purpose of
com- mercial advantage or private financial gain,
23 "(iii) an offense in which the alien is not
24 upon arrival immediately brought and presented
 1 to an appropriate immigration officer at a desig-
nated port of entry,
3 be fined, or imprisoned not more than five years, or
4 both.".
a (b) MISCELLANEOUS AMENDMENTS TO SEIZURE AND
6 FORFEITURE PROCEDURES.-Subsection (b) of such section
7 is amended-
8 (1) in paragraph (1) before subparagraph (A) by
9 striking out "is used" and inserting in lieu thereof "has
10 been or is being used",
11 (2) by striking out "subject to seizure and" in
12 paragraph (1) and inserting in lieu thereof "seized and
13 subject to",
14 (3) by inserting "or is being" after "has been" in
15 paragraph (2),
16 (4) by striking out "conveyances" in paragraph
17 (3) and inserting in lieu thereof "property",
18 (5) by inserting ", or the Federal Maritime Com-
19 mission if appropriate under section 203(i) of the Fed-
20 eral Property and Administrative Services Act of
21 1949," in paragraph (4)(C) after "General Services
22 Administration",
23 (6) in paragraph (4)-
24 (A) by striking out "or" at the end of sub-
25 paragraph (B),
?
?
0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
?
9
1 (B) by striking out the period at the end of
2 subparagraph (C) and inserting in lieu thereof
3 "; or", and
4 (C) by inserting after such subparagraph the
5 following new subparagraph:
6 "(D) dispose of the conveyance in accordance
7 with the terms and conditions of any petition of remis-
s Sion or mitigation of forfeiture granted by the Attorney
9 General.";
10 (7) by striking out ": Provided, That" in para-
11 graph (5) and inserting in lieu thereof ", except that",
12 (8) by striking out "was not lawfully entitled to
13 enter, or reside within, the United States" in para-
14 graph (5) and inserting in lieu thereof "had not re-
15 ceived prior official authorization to come to, enter, or
16 reside in the United States or that such alien had come
17 to, entered, or remained in the United States in viola-
18 tion of law" each place it appears, and
19 (9) by inserting "or of the Department of State"
20 in paragraph (5)(B) after "Service".
21 SEC. 112. FRAUD AND MISUSE OF CERTAIN IMMIGRATION-RE-
22 LATED DOCUMENTS.
23 (a) APPLICATION TO ADDITIONAL DocnrENTS.-Sec-
24 Lion 1546 of title 18, United States Code, is amended-
25 (1) by amending the heading to read as follows:
.c 19" is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 10
I "? 1546. Fraud and misuse of visas, permits, and other
2 documents";
3 (2) by striking out "or other document required
4 for entry into the United States" in the first paragraph
3 and inserting in lieu thereof "border crossing card,
6 alien registration receipt card, or other document pre-
7 scribed by statute or regulation for entry into or as evi-
8 dence of authorized stay or authorized employment in
9 the United States";
10 (3) by striking out "or document" in the first
11 paragraph and inserting in lieu thereof "border cross-
12 ing card, alien registration receipt card, or other docu-
13 ment prescribed by statute or regulation for entry into
14 or as evidence of authorized stay or authorized employ-
15 ment in the United States";
16 (4) by inserting "(a)" before "Whoever" the first
1 7 place it appears; and
18 (5) by adding at the end the following new sub-
19 sections:
20 "(b) Whoever uses-
21 "(1) an identification document, knowing (or
22 having reason to know) that the document was not
23 issued lawfully for the use of the possessor,
24 "(2) a identification document knowing (or having
25 reason to know) that the document is false, or
26 "(3) a false attestation,
?5 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
11
1 for the purpose of satisfying a requirement of section 274A(b)
? 2 of the Immigration and Nationality Act, shall be fined, or
?
?
3 imprisoned not more than two years, or both.
4 "(c) This section does not prohibit any lawfully author-
5 ized investigative, protective,. or intelligence activity of a law
6 enforcement agency of the United States, a State, or a subdi-
7 vision of a State, or of an intelligence agency of the United
8 States, or any activity authorized under title V of the Orga-
9 nized Crime Control Act of 1970 (18 U.S.C. note prec.
10 3481).".
11 (b) CONFORMING AMENDMENT TO TABLE OF SEC-
12 TIONS.-The item relating to section 1546 in the table of
13 sections of chapter 75 of such title is amended to read as
14 follows:
1546. Fraud and misuse of visas, permits, and other documents.".
15 SEC. 113. RESTRICTIONS ON ADJUSTMENT OF STATUS.
16 (a) REQUIRING LEGAL STATUS AT TIME OF APPLICA-
17 TION.-Subsection (c) of section 245 (8 U.S.C. 1255), relat-
18 ing to nonimmigrants who may not adjust to immigrant
19 status while in the United States, is amended to read as
20 follows:
21 "(c) ALIENS FOR WHOM THIS SECTION DOES NOT
22 APPLY.-Subsection (a) shall not apply to the following
23 aliens:
24 "(1) An alien crewman.
 12
1 "(2)(A) Except as provided in subparagraph (B),
2 an alien who-
3 "(i) continues in or accepts unauthorized em-
4 ployment before the date of filing an application
5 for adjustment of status,
6 "(ii) is not in legal immigration status on the
7 date of filing the application for adjustment of
8 status, or
9 "(iii) has failed to maintain continuously a
10 legal status since the date of entry into the United
11 States.
12 "(B) Subparagraph (A) shall not apply to an alien
13 who is-
14 "(i) an immediate relative, described in
15 section 201(b), or
16 "(ii) a special immigrant described in section
17 101(x)(2 7)(H).
18 "(3) An alien admitted in transit without a visa
19 under section 212(d)(4)(C).".
20 (b) EFFECTIVE DATE.-The amendment made by sub-
21 section (a) shall apply to applications for adjustment of status
22 filed before, on, or after the date of the enactment of this Act.
?
?
?
.c IT IQ
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
I ,
13
? 1 PART C-CONTROL OF UNAUTHORIZED EMPLOYMENT OF
> ALIENS
3 SEC. 121. MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS
4 UNLAWFUL.
5 (a) IN GENERAL.-(1) Chapter 8 of title II is amended
6 by inserting after section 274 (8 U.S.C. 1324) the following
i new section:
"UNLAWFUL EMPLOYMENT OF ALIENS
9 "SEC. 274A. (a) MAKING EMPLOYMENT OF LNAU-
10 THORIZED ALIENS UNLAWFUL.-
11 "(1) HIRING, RECRUITING, OR REFERRING.-It is
12 unlawful for a person or other entity to hire, or to re-
13 cruit or refer for a fee or other consideration, for em-
14 plovment in the United States an alien knowing the
15 alien is an unauthorized alien (as defined in subsection
16 (h)(2)) with respect to such employment.
17 "(2) CONTINUING EMPLOYMENT.-It is unlawful
18 for a person or other entity, after hiring an alien for
19 employment to continue to employ the alien in the
20 United States knowing the alien is (or has become) an
21 unauthorized alien with respect to such employment.
"(3) DEFENSES.-
2 3
"(A) COMPLIANCE WITH EMPLOYMENT
24
VERIFICATION SYSTEM.-A person or entity that
0
25
establishes that it has complied in good faith with
26
the requirements of subsection (b) with respect to
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 14
1 the hiring, recruiting, or referral for employment
2 of an alien in the United States has established an
3 affirmative defense that the person or entity has
4 not violated paragraph (1) with respect to such
5 hiring, recruiting, or referral.
6 "(B) PRESUMPTION FOR EMPLOYERS OF 4
7 OR MORE EMPLOYEES.-If a person or entity is
8 employing four or more employees and hires (or
9 recruits or refers for a fee or other consideration)
10 for employment in the United States an unauthor-
11 ized alien, for purposes of paragraph (1) the
12 person or entity shall be presumed to have known
13 that the alien was an unauthorized alien unless
14 the person or entity has complied with the re-
15 quirements of subsection (b) with respect to the
16 hiring (or recruiting or referral) of that alien.
17 "(C) PRESUMPTION FOR LARGE RECRUIT-
18 ERS OR REFERRERS.-If a person or entity re-
19 cruits or refers for a fee or other consideration
20 more than four individuals in any 12-month period
21 and recruits or refers for a fee or other consider-
22 ation for employment in the United States an un-
23 authorized alien, for purposes of paragraph (1) the
24 person or entity shall be considered to have
25 known that the alien was an unauthorized alien
?
?
?
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
15
? 1 unless the person or entity has complied with the
2 requirements of subsection (b) with respect to re-
3 cruiting or referral of that alien.
4 "(D) REBUTTAL OF PRESUMPTION.-The
5 presumption established by subparagraph (B) or
6 (C) may be rebutted through the presentation of
7 clear and convincing evidence which contradicts
8 the presumption.
9 "(4) VIOLATORS SUBJECT TO ORDER.-A person
10 or entity that violates paragraph (1) or (2) is subject to
11 an order under subsection (d).
12 "(b) EMPLOYMENT VERIFICATION SYSTEM.-Except
13 as provided in subsection (c), the requirements referred to in
?
14 subsections (a)(3) and (d)(2)(C)(i) are, in the case of a person
15 or other entity hiring, recruiting, or referring an individual
16 for employment in the United States, the requirements speci-
17 fied in the following four paragraphs:
18 "(1) ATTESTATION AFTER EXAMINATION OF
19 DOCUMENTATION.-
20 "(A) IN GENERAL.-The person or entity
21 must attest, under penalty of perjury and on a
22 form designated or established by the Attorney
23 General by regulation, that it has verified that the
24 individual is not an unauthorized alien by ex-
ac "fin IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 16
1 "(i) a document described in subpara-
2 graph (B), or
3 "(ii) a document described in subpara-
4 graph (C) and a document described in sub-
5 paragraph (D).
6 A person or entity has complied with the require-
7 ment of this paragraph with respect to examina-
8 tion of a document if the document reasonably ap-
9 pears on its face to be genuine.
10 "(B) DOCUMENTS ESTABLISHING BOTH EM-
11 PLOYMENT AUTHORIZATION AND IDENTITY.-A
12 document described in this subparagraph is an in-
13 dividual's-
14 "(i) United States passport;
10 "(ii) certification of United States
16 citizenship;
17 "(iii) certificate of naturalization;
18 "(iv) unexpired foreign passport, if the
19 passport has an appropriate, unexpired
20 endorsement authorizing the individual's em-
21 ployment in the United States; or
?? "(v) resident alien card or other alien
23 registration card, if the card-
24 "(I) contains a photograph of the
25 individual or such other personal identi-
?
?
is
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
is
?
0
17
fying information relating to the individ-
ual as the Attorney General finds, by
regulation, sufficient for purposes of this
subsection, and
"(II) is evidence of authorization of
employment in the United States.
"(C) DOCUMENTS EVIDENCING EMPLOY-
8 MENT AUTHORIZATION.-A document described
9 in this subparagraph is an individual's-
10 "(i) social security account number card
11 (other than such a card which specifies on
the face that the issuance of the card does
13 ' not authorize employment in the United
States);
"(ii) certificate of birth in the United
16 States or establishing United States national-
17 ity at birth, which certificate the Attorney
18 General finds, by regulation, to be acceptable
19 for purposes of this section; or
"(iii) other documentation evidencing
21 authorization of employment in the United
States which the Attorney General finds, by
regulation. to be acceptable for purposes of
this section.
 18
1 "(D) DOCUMENTS ESTABLISHING IDENTITY
2 OF INDIVIDUAL.-A document described in this
3 subparagraph is an individual's-
4 "(i) border crossing card or similar alien
5 identification document issued by the Attor-
6 ney General to aliens and designated for use
7 for this purpose;
8 "(ii) driver's license or similar document
9 issued for the purpose of identification by a
10 State, if it contains a photograph of the indi-
11 vidual or such other personal identifying
12 information relating to the individual as the
13 Attorney General finds, by regulation, suffi-
14 cient for purposes of this section; or
15 "(iii) in the case of individuals under 16
16 years of age or in a State which does not
17 provide for issuance of an identification docu-
18 ment (other than a driver's license) referred
19 to in clause (ii), documentation of personal
20 identity of such other type as the Attorney
21 General finds, by regulation, provides a reli-
22 able means of identification.
23 "(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT
24 AUTHORIZATION.-The individual must attest, under
25 penalty of perjury on the form designated or estab-
?
?
?
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
19
1 lished for purposes of paragraph (1), that the individual
2 is a citizen or national of the United States, an alien
3 lawfully admitted for permanent residence, or an alien
4 who is authorized under this act or by the attorney
?
0
General to be hired, recruited, or
employment.
"(3) RETENTION OF VERIFICATION FORM.-After
completion of such form in accordance with paragraphs
(1) and (2), the person or entity must retain the form
and make it available for inspection by officers of the
Service or the Department of Labor during a period
beginning on the date of the hiring, recruiting, or refer-
ral of the individual and ending-
"(A) in the case of the recruiting or referral
for a fee or other consideration (without hiring) of
an individual, three years after the date of the re-
cruiting or referral, and
"(B) in the case of the hiring of an
vidual-
"(i) three years after the date of such
hiring, or
"(ii) one year after the date the individ-
ual's employment is terminated,
whichever is later.
 "(4) UNIFORM VERIFICATION POLICY.-The
person or entity must apply the requirements of the
previous three paragraphs uniformly to all individuals
hired (or recruited or referred for a fee or other consid-
eration).
"(5) COPYING OF DOCUMENTATION PERMIT-
TED.-Notwithstanding any other provision of law, the
person or entity may copy a document presented by an
individual pursuant to this subsection and may retain
the copy, but only (except as otherwise permitted
under law) for the purpose of complying with the
requirements of this subsection.
"(6) LIMITATION ON USE OF ATTESTATION
FORM.-A form designated or established by the Attor-
ney General under this subsection and any information
contained in or appended to such form, may not be
used for purposes other than for enforcement of this
Act and sections 1001, 1028, 1546, and 1621 of title
18, United States Code.
"(c) EVALUATION AND CHANGES IN EMPLOYMENT
VERIFICATION SYSTEM.-
"(1) PRESIDENTIAL MONITORING AND IMPROVE-
MENTS IN SYSTEM.-
"(A) MONITORING.-The President
25 provide for the monitoring and evaluation of the
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
21
? 1 degree to which the employment verification
2 system established under subsection (b) provides a
3 secure system to determine employment eligibility
4 in the United States and shall examine the suit-
5 ability of existing Federal and State identification
6 systems for use for this purpose.
7 "(B) IMPROVEMENTS TO ESTABLISH
8 SECURE SYSTEM.-To the extent that the system
9 established under subsection (b) is found not to he
10 a secure system to determine employment eligibil-
11 ity in the United States, the President shall, sub-
12 ject to paragraph (3) and taking into account the
13 results of any demonstration projects conducted
14 under paragraph (4), implement such changes in
15 (including additions to) the requirements of sub-
16 section (b) as may be necessary to establish a
17 secure system to determine employment eligibility
18 in the United States. Such changes in the system
19 may be implemented only if the changes conform
20 to the requirements of paragraph (2).
21 "(C) REQUIRING USE OF COUNTERFEIT-RE-
22 SISTANT SOCIAL SECURITY CARDS.-The Presi-
23 dent may require, without regard to paragraph
24 (2), that the only social security account number
25 cards which may he presented in order to comply
?5 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 22
1 with subsection (b)(1)(C)(i) are such cards as are
2 in a counterfeit-resistant form consistent with the
3 second sentence of section 205(c)(2)(D) of the
Social Security Act.
5 "(2) RESTRICTIONS ON CHANGES IN SYSTEM.-
6 Except as provided in paragraph (1)(C), any change
7 the President proposes to implement under paragraph
8 (1) in the verification system must be designed in a
9 manner so the verification system, as so changed,
10 meets the following requirements:
11 "(A) RELIABLE DETERMINATION OF IDEN-
12 TITY.-The system must be capable of reliably
13 determining whether-
14 "(i) a person with the identity claimed
15 by an employee or prospective employee is
16 eligible to work, and
17 "(ii) the employee or prospective em-
18 ployee is claiming the identity of another in-
19 dividual.
20 "(B) USING OF COUNTERFEIT-RESISTANT
21 DOCUMENTS.-If the system requires that a docu-
ment be presented to or examined by an employ-
23 er, the document must be in a form which is re-
24 sistant to counterfeiting and tampering.
?
?
?
as 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
? 1 "(C) LIMITED USE OF SYSTEM.-Any per-
2 sonal information utilized by the system may not
3 be made available to Government agencies, em-
4 ployers, and other persons except to the extent
5 necessary to verify that an individual is not an
6 unauthorized alien.
7 "(D) PRIVACY OF INFORMATION.-The
S system must protect the privacy and security of
9 personal information and identifiers utilized in the
10 system.
11 "(E) LIMITED DENIAL OF VERIFICATION.-
12 A verification that an employee or prospective
13 employee is eligible to be employed in the United
14 States may not be withheld or revoked under the
15 system for any reason other than that the employ-
16 ee or prospective employee is an unauthorized
1 i alien.
18 "(F) LIMITED USE FOR LAW ENFORCEMENT
19 PURPOSES.-The system may not be used for law
20 enforcement purposes, other than for enforcement
21 of this Act or sections 1001, 1028, 1546, and
22 1621 of title 18, United States Code.
23 "(G) RESTRICTION ON USE OF NEW DOCU-
24 MENTS.-If the system requires individuals to
25 present a new card or other document (designed
MS 196A N
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 24
1 specifically for use for this purpose) at the time of
2 hiring, recruitment, or referral, then such docu-
3 ment may not be required to be presented for any
4 purpose other than under this Act (or enforcement
5 of sections 1001, 1028, 1546, and 1621 of title
6 18, United States Code) nor to be carried on
7 one's person.
8 "(3) NOTICE TO CONGRESS BEFORE I3IPLE-
9 MIENTING CHANGES.-
10 "(A) IN GENERAL.-The President may not
11 implement any change under paragraph (1) unless
12 at least-
"G) 60 days, or
"(ii) in the case of a major change de-
15 scribed in subparagraph (D), two years,
16 before the date of implementation of the change,
17 the President has prepared and transmitted to the
18 Committee on the Judiciary of the House of Rep-
19 resentatives and to the Committee on the Judici-
20 ary of the Senate a written report setting forth
the proposed change. The President promptly
shall cause to have printed in the Federal Regis-
ter the substance of any major change (described
24 in subparagraph (D)) proposed and reported to
25 Congress.
?
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
25
1 "(B) CONTENTS OF REPORT.-In any report
2 under subparagraph (A) the President shall in-
3 clude recommendations for the establishment of
4 civil and criminal sanctions for unauthorized use
5 or disclosure of the information or identifiers con-
6 tained in such system.
7 "(C) CONGRESSIONAL REVIEW OF MAJOR
8 CHANGES.-
9 "(i) HEARINGS AND REVIEW.-The
10 Committees on the Judiciary of the House of
11 Representatives and of the Senate shall
12 cause to have printed in the Congressional
? 13 Record the substance of any major change
14 described in subparagraph (D), shall hold
15 hearings respecting the feasibility and desir-
16 ability of implementing such a change, and,
17 within the two year period before implemen-
18 tation, shall report to their respective Houses
19 findings on whether or not such a change
20 should be implemented.
21 "(ii) CONGRESSIONAL ACTION.-No
22 major change may be implemented unless the
23 Congress specifically provides, in an appro-
24 priations or other Act, for funds for imple-
25 mentation of the change.
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 "(D) MAJOR CHANGES REQUIRING TWO
2 YEARS NOTICE AND CONGRESSIONAL REVIEW.-
3 As used in this paragraph, the term `major
4 change' means a change which would-
5 "(i) require an individual to present a
6 new card or other document (designed specif-
7 ically for use for this purpose) at the time of
8 hiring, recruitment, or referral, or
9 "(ii) provide for a telephone verification
10 system similar to that-described under para-
11 graph (4)(B)(ii);
12 but does not include a change in any card used
13 for accounting purposes under the Social Security
14 Act.
15 "(4) DEMONSTRATION PROJECTS.-
16 "(A) AUTHORITY.-The President may un-
17 dertake demonstration projects (consistent with
18 paragraph (2)) of different changes in the require-
19 ments of subsection (b). No such project may
20 extend over a period of longer than three years.
21 "(B) REPORTS ON PROJECTS.-The Presi-
dent shall report to the Congress on the results of
23 demonstration projects conducted under this
24 paragraph.
25 "(d) COMPLIANCE.-
?
?
?
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
1 "(1) COMPLAINTS AND INVESTIGATIONS.-The
2 Attorney General shall establish procedures-
3 "(A) for individuals and entities to file writ-
4 ten, signed complaints respecting potential viola-
5 tions of subsection (a),
6 "(B) for the investigation of those complaints
7 which, on their face, have a substantial probability
8 of validity,
9 "(C) for the investigation of such other viola-
10 tions of subsection (a) as the Attorney General de-
ll termines to be appropriate, and
12 "(D) for the designation in the Service of a
5 13 unit which has, as its primary duty, the prosecu-
14 tion of cases of violations of subsection (a) under
15 this subsection.
16 "(2) ORDER FOR VIOLATIONS.-
17 "(A) IN GENERAL.-If, after notice and op-
18 portunity to request a hearing respecting a viola-
19 tion of subsection (a), the immigration judge
20 determines, upon the preponderance of the evi-
21 dence received, that a person or entity named in
22 the complaint has violated subsection (a), the
23 judge shall state his findings of fact and issue and
24 cause to be served on such person or entity an
? 23 order.
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 1 "(B) CIVIL PENALTY AS PART OF ORDER.-
2 An order under subparagraph (A) shall require the
3 person or entity to cease and desist from such vio-
4 lations and to pay a civil penalty in an amount
6 "(i) not less than $100 and not more
7 than $2,000 for each unauthorized alien with
8 respect to whom a violation of subsection (a)
9 occurred,
10 "(ii) not less than $2,000 and not more
11 than $5,000 for each such alien in the case
12 of a person or entity previously subject to an
13 order under this subsection, or
14 "(iii) not less than $3,000 and not more
15 than $10,000 for each such alien in the case
16 of a person or entity which has engaged or is
17 engaging in a pattern or practice of such vio-
18 lations.
19 "(C) ADDITIONAL REMEDIES AS PART OF
20 ORDER.-An order under subparagraph (A) may
21 require the person or entity-
22 "(i) to comply with the requirements of
23 subsection (b) (or subsection (c) if applicable)
24 with respect to individuals hired (or recruited
25 or referred for employment for a fee or other
?
is
?
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 29
? 1 consideration) during a period of up to three
2 years, and
3 "(ii) to take such other remedial action
4 as is appropriate.
5 "(D) DISMISSAL OF COMPLAINTS.-If upon
6 the preponderance of the evidence taken, the
7 judge is of the opinion that the person or entity
8 named in the complaint has not violated subsec-
9 tion (a), the judge shall state his findings of fact
10 and shall issue an order dismissing the complaint.
11 "(3) AUTHORITY IN INVESTIGATIONS.-In con-
12 ducting investigations and hearings under this sub-
13 section-
14 "(A) immigration officers and immigration
15 judges shall have reasonable access to examine
16 evidence of any person or entity being investi-
17 gated, and
18 "(B) immigration judges, by subpoena, may
19 compel the attendance of witnesses and the pro-
20 duction of evidence at any designated place or
21 hearing.
22 In case of contumacy or refusal to obey a subpoena
23 lawfully issued under this paragraph and upon applica-
24 tion of the Attorney General, an appropriate district
25 court of the United States may issue an order requiring
 30
1 compliance with such subpoena and any failure to obey
2 such order may be punished by such court as a
3 contempt thereof.
4 "(4) TREATMENT OF CERTAIN SUBDIVISIONS.-
5 In applying this subsection in the case of a person or
6 entity composed of distinct, physically separate subdivi-
7 sions each of which provides separately for the hiring,
8 recruiting, or referring for employment without refer-
9 ence to the practices of, or under the control of, or
10 common control with, another subdivision, each such
11 subdivision shall be considered a separate person or
12 entity.
13 "(5) ADMINISTRATIVE APPELLATE REVIEw.-
14 The Attorney General may provide for the administra-
15 tive appellate review of the determination of an immi-
16 gration judge under this subsection by an appropriate
17 administrative appellate body.
18 "(e) JUDICIAL REVIEW OF ORDERS.-Judicial review
19 of orders under this subsection shall be exclusively under the
20 procedures provided in chapter 158 of title 28, United States
21 Code, except as follows:
22 "(1) FILING DEADLINE.-Petitions for review
23 may be filed not later than 45 days after the date of
24 the final order.
?
?
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
0
31
1 "(2) VENUE.-The venue of any petition for
2 review under this subsection shall be in the judicial cir-
3 cuit in which the administrative proceedings before an
4 immigrant judge were conducted in whole or in part,
5 or in the judicial circuit wherein is the residence of the
6 petitioner, but not in more than one circuit.
7 "(3) SERVICE.-In the case of review sought by
8 an entity other than the Service, the action shall be
9 brought against the Immigration and Naturalization
10 Service as respondent and service of the petition to
11 review shall be made upon the Attorney General and
12 upon the official of the Service in charge of the Service
13 district in which the office of the clerk of the court is
14 located.
13 "(4) SUBSTANTIAL EVIDENCE.-The petition
16 shall be determined solely upon the administrative
17 record upon which the order is based and the immigra-
18 tion judge's findings of fact, if supported by substantial
19 evidence on the record considered as a whole, shall be
20 conclusive.
21 "(5) TYPEWRITTEN BRIEFS.-It shall not be nec-
22 essary to print the record or any part thereof, or the
23 brief, and the court shall review the proceedings on a
24 typewritten record and on typewritten briefs.
 32
1 In any judicial review of an immigration judge's order under
2 this subsection, the court may provide for such order of en-
3 forcemeat as may be appropriate. Section 279 shall not apply
4 to causes arising under this section.
5 "(f) ENFORCEMENT OF ORDERS.-If a person or entity
6 fails to comply with a final order issued under subsection (d)
7 against the person or entity, the Attorney General shall file a
8 suit to seek compliance with the order in any appropriate
9 district court of the United States. In any such suit, the va-
10 lidity and appropriateness of the final order imposing the as-
11 sessment shall not be subject to review.
12 "(g) MISCELLANEOUS PROVISIONS.-
13 "(1) DOCUMENTATION.-In providing documenta-
14 tion or endorsement of authorization of aliens (other
15 than aliens lawfully admitted for permanent residence)
16 authorized to be employed in the United States, the
17 Attorney General shall provide that any limitations
18 with respect to the period or type of employment or
19 employer shall be conspicuously stated on the docu-
20 mentation or endorsement.
21 "(2) PREEMPTION.-The provisions of this sec-
22 tion preempt any State or local law imposing civil or
23 criminal sanctions (other than through licensing and
24 similar laws) upon those who employ, or recruit or
?
?
?
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
0
33
1 refer for a fee or other consideration for employment,
2 unauthorized aliens.
3 "(h) DEFINITIONS.-As used in this section-
4 "(1) IMMIGRATION JUDGE.-The term 'immigra-
5 tion judge' means an immigration officer specially des-
6 ignated to hear cases under this section.
7 "(2) UNAUTHORIZED ALIEN.-The term `unau-
8 thorized alien' means, with respect to the employment
9 of an alien at a particular time, that the alien is not at
10 that time either (A) an alien lawfully admitted for per-
11 manent residence, or (B) authorized to be so employed
12 by this Act or by the Attorney General.".
13 (b) EFFECTIVE DATES.-(1) Except as otherwise pro-
14 vided in this subsection or subsection (c), the amendment
15 made by subsection (a) shall take effect on the date of the
16 enactment of this Act.
17 (2) Paragraph (1) of section 274A(a) of the Immigration
18 and Nationality Act, making unlawful the hiring, recruiting,
19 or referral of unauthorized aliens for employment, shall only
20 apply to the hiring, recruiting, or referral of individuals oc-
21 curring after the date of the enactment of this Act.
22 (3) Paragraph (2) of section 274A(a) of the Immigration
23 and Nationality Act, relating to making unlawful the continu-
24 ing employment of unauthorized aliens, shall only apply to
 34
1 aliens who are hired after the date of the enactment of this
2 Act.
3 (4) Section 274A(g)(2) of the Immigration and National-
4 ity Act takes effect on the first day of the seventh month
5 beginning after the date of the enactment of this Act.
6 (c) PROMULGATION OF REGULATIONS AND EDUCA-
7 TION AND WARNING PERIOD.-(1) The Attorney General
8 shall, not later than the first day of the seventh month begin-
9 ring after the date of the enactment of this Act, first issue, on
10 an interim or other basis, such regulations as may be neces-
11 sary in order to implement section 274A of the Immigration
12 and Nationality Act.
13 (2) The Attorney General, in cooperation with the Sec-
14 retaries of Agriculture, Commerce, Health and Human Serv-
15 ices, Labor, and the Treasury and the Administrator of the
16 Small Business Administration and with organizations repre-
17 senting or assisting employers, employees, and employment
18 agencies, shall take steps to broadly disseminate forms and
19 information and provide for public education respecting the
20 provisions of section 274A of the Immigration and National-
21 itv Act.
22 (3) Where the Attorney General has reason to believe
23 that a person or entity may have violated subsection (a) of
24 section 274A of the Immigration and -Nationality Act during
25 the six-month period beginning on the first day of the first
?
?
_C 11AA IC
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
35
? 1 month beginning after the date of the enactment of this Act,
2 the Attorney General shall notify such person or entity of
3 such belief and shall not conduct any proceeding, nor impose
4 any order, under such section on the basis of such alleged
?
0
5 violation or violations.
6 (4) Where the Attorney General has reason to believe
7 that a person or entity may have violated subsection (a) of
8 section 274A of the Immigration and Nationality Act during
9 the subsequent six-month period, the Attorney General shall,
10 in the first instance of such an alleged violation (or violations)
11 occurring during such period, provide a warning to the
12 person or entity that such a violation or violations may have
13 occurred and shall not conduct any proceeding, nor impose
14 any penalty, under such section on the basis of such alleged
15 violation or violations.
16 (d) CONFORMING AMENDMENTS TO MIGRANT AND
17 SEASONAL AGRICULTURAL WORKER PROTECTION ACT.-
18 (1) The Migrant and Seasonal Agricultural Worker Protec-
19 tion Act (Public Law 97-470) is amended-
20 (A) by striking out "101(a)(15)(H)(ii)" in para-
21 graphs (8)(B) and (10)(B) of section 3 (29 L.S.C. 1802)
22 and inserting in lieu thereof "101(a)(15)(N)";
23 (B) in section 103(a) (29 U.S.C. 1813(a))-
24 (i) by striking out "or" at the end of para-
25 graph (4),
?S 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 36
1 (ii) by striking out the period at the end of
2 paragraph (5) and inserting in lieu thereof "; or",
4 (iii) by adding at the end the following new
5 paragraph:
6 "(6) has been found to have violated paragraph
7 (1) or (2) of section 274A(a) of the Immigration and
8 Nationality Act.";
9 (C) by striking out section 106 (29 U.S.C. 1816)
10 and the corresponding item in the table of contents;
11 and
12 (D) by striking out "section 106" in section
13 501(b) (29 U.S.C. 1851(b)) and by inserting in lieu
14 thereof "paragraph (1) or (2) of section 274A(a) of the
13 Immigration and Nationality Act".
16 (2) The amendments made by paragraph (1) shall apply
17 to the employment, recruitment, referral, or utilization of the
18 services of an individual occurring on or after the first day of
19 the seventh month beginning after the date of the enactment
20 of this Act.
21 (e) CONFORMING AMENDMENT TO TABLE OF CON-
TENTS.-The table of contents is amended by inserting after
23 the item relating to section 274 the following new item:
"Sec. 274:1. Unlawful employment of aliens.".
24 (f) REPORTS ON IMPLEMENTATION OF SECTION.-For
25 monitoring and study respecting the enactment of this section
is
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
37
? 1 (including actions taken on any discrimination in employment
2 which might result from enactment of this section), see sec-
3 tion 402 of this Act.
4 SEC. 122. TEMPORARY AGRICULTURAL WORKER PROGRAM.
5 (a) PROVIDING NEW "N" NONIMMIGRANT CLASSIFI-
6 CATION FOR TEMPORARY AGRICULTURAL WORKERS.-
7 Section 101(a)(15) (8 U.S.C. 1101(a)) is amended-
8 (1) by inserting "other than agricultural services
9 described in section 216(h)(1)" in subparagraph (H)(ii)
10 after "temporary services or labor",
11 (2) by striking out "or" at the end of subpara-
12 graph (L),
13 (3) by striking out the period at the end of sub-
14 paragraph (M) and inserting in lieu thereof "; or", and
15 (4) by adding at the end the following new sub-
0
16 paragraph:
17 "(N) an alien, having a residence in a foreign
18 country which he has no intention of abandoning, who is
19 coming temporarily to the United States under section
20 216 to perform agricultural services (as defined in sec-
21 tion 216(h)(1)) of a temporary or seasonal nature.".
22 (b) INVOLVEMENT OF DEPARTMENTS OF LABOR AND
23 AGRICULTURE IN TEMPORARY AGRICULTURAL WORKER
24 PROGRAM.-Section 214(c) (8 U.S.C. 1184(c)) is amended-
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 (1) by striking out "or (L)" in the first sentence
2 and inserting in lieu thereof ", (L), or (N)", and
3 (2) by adding at the end the following: "For pur-
4 poses of this subsection the term `appropriate agencies
5 of Government' means the Department of Labor and
6 includes, with respect to nonimmigrants under section
7 101(a)(15)(N), the Department of Agriculture. The pro-
8 visions of section 216 shall apply to the question of im-
9 porting any alien as a nonimmigrant under section
10 101(a)(15)(N).".
11 (c) ADMISSION OF TEMPORARY AGRICULTURAL
12 WORKERS.-Chapter 2 of title II is amended by adding after
13 section 215 the following new section:
14 "ADMISSION OF TEMPORARY AGRICULTURAL WORKERS
15 "SEC. 216. (a) APPLICATION FOR LABOR CERTIFICA-
16 TION.-
17 "(1) REQUIREMENT.-A petition to import an
18 alien as a temporary agricultural worker (as defined in
19 subsection (h)(3)) may not be approved by the Attorney
20 General unless the petitioner has applied to the Secre-
21 tary of Labor for a certification that-
22 "(A) there are not sufficient workers who are
23 able, willing, and qualified and who will be avail-
24 able at the time and place needed to perform the
25 services involved in the petition, and
?
?
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
39
? 1 "(B) the employment of the alien in such
2 services -,will not adversely affect the wages and
3 working conditions of workers in the United
4 States similarly employed.
5 "(2) PAYMENT OF REQUIRED FEES.-The Secre-
6 tare of Labor may require by regulation, as a condition
7 of applying for the certification, the payment of a fee
8 to recover the reasonable costs of processing applica-
9 tions for certification.
10 "(b) CONDITIONS FOR DENIAL OF LABOR CERTIFICA-
11 TION.-The Secretary of Labor may not issue a certification
12 under subsection (a) with respect to an employer if the condi-
13 tions described in paragraph (1) are not met or if any of the
14 following conditions exist:
15 "(1) LABOR DISPUTE.-There is a strike or lock-
16 out in the course of a labor dispute which, under the
17 regulations, precludes such certification.
18 "(2) VIOLATION OF TERM OF PREVIOUS CERTI-
19 FICATION.-
20 "(A) IN GENERAL.-The employer at any
21 time during the previous two-year period em-
22 ployed temporary agricultural workers and the
23 Secretary of Labor has determined, after notice
24 and opportunity for a hearing, that the employer
? 25 at any time during that period-
?5 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 40
1 "(i) substantially violated an essential
2 term or condition of the labor certification
3 with respect to the employment of domestic
4 or nonimmigrant workers, or
"(ii) has not paid any penalty for such
violations which have been assessed by the
7 Secretary of Labor.
8 "(B) DISQUALIFICATION LIMITED TO ONE
9 YEAR.-No employer may be denied certification
10 under subparagraph (A) for more than one year
11 for any violation described in that subparagraph.
12 "(3) NOT PROVIDING FOR WORKERS' COMPENSA-
13 TION.-The employer has not provided the Secretary
14 with satisfactory assurances that if the employment for
15 which the certification is sought is not covered by
16 State workers' compensation law, the employer will
17 provide, at no cost to the worker, insurance covering
18 injury and disease arising out of and in the course of
19 the worker's employment which will provide benefits at
20 least equal to those provided under the State workers'
21 compensation law for comparable employment.
22 "(c) RULES CONCERNING APPLICATIONS FOR LABOR
23 CERTIFICATION.-The following rules shall apply in the
24 case of the filing and consideration of an application for a
25 labor certification for a temporary agricultural worker:
?
is
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
r
41
1 "(1) DEADLINE FOR FILING APPLICATIONS.-
2 The Secretary of Labor may not require that the appli-
3 cation be filed more than 65 days before the first date
4 the employer requires the services of the worker.
5 "(2) NOTICE WITHIN 14 DAYS OF DEFICIEN-
7 "(A) NOTICE OF DEFICIENCIES.-The appli-
S cation shall be considered to have met the re-
9 quirements of subsection (a)(1) (other than sub-
10 paragraph (A) thereof) unless the Secretary of
11 Labor, within 14 days of the date of filing the ap-
12 plication, notifies the employer filing the applica-
13 tion that the application does not meet the re-
14 quirements.
15 "(B) SUBMITTAL OF MODIFIED APPLICA-
16 TION.-If the application does not meet the re-
17 quirements, the notice shall include the reasons
18 therefor and the Secretary shall permit the em-
19 ployer an opportunity for the prompt resubmission
20 of a modified application.
21 "(3) ISSUANCE OF CERTIFICATION.-
"(A) IF CONDITIONS MET.-The Secretary
23 of Labor shall make, not later than 20 days before
24 the date such services are first required to be per-
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 42
1 formed, the certification described in subsection
2 (a)(1) if-
3 "(i) the employer has complied with the
4 requirements for certification (including the
5 recruitment of eligible individuals as pre-
6 scribed by regulation), and
7 "(ii) the employer does not actually
8 have, or has not been provided with referrals
9 of, eligible individuals who have agreed to
10 perform such services on the terms and con-
11 ditions of a job offer which meet require-
12 ments of regulations.
13 "(B) CONTINUED ACCEPTANCE OF APPLI-
14 CANTS.-A labor certification under this section
15 remains effective only if the employer continues to
16 accept for employment, until the date the tempo-
17 rare agricultural workers depart for work with the
18 employer, eligible individuals who apply or are re-
19 ferred to the employer.
20 "(4) PROVIDING HOUSING ALLOWANCE.-Ill the
21 employer's complying with terms and conditions of em-
22 ployment respecting the furnishing of housing, the em-
23 ployer shall be permitted, at the employer's option and
24 instead of providing for suitable housing accommoda-
25 tions, to substitute payment of a reasonable housing al-
0
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
43
? 1 lowance, but only if suitable housing is otherwise avail-
2 able in the proximate area of employment.
3 "(d) ROLES OF AGRICULTURAL ASSOCIATIONS.-
4 "(1) PERMITTING FILING BY AGRICULTURAL AS-
5 SOCIATIONS.-A petition to import an alien as a tem-
6 porary agricultural worker, and an application for a
7 labor certification with respect to such a worker, may
8 be filed by an association representing agricultural pro-
9 ducers which use agricultural services.
10 "(2) TREATMENT OF ASSOCIATIONS ACTING AS
11 EMPLOYERS.-If such an association is a joint or sole
12 employer of temporary agricultural workers, the certifi-
13 cations granted under this section to the association
14 may be used for the certified job opportunities of any of
15 its producer members and such workers may be trans-
16 ferred among its member producers to perform agricul-
1 i tural services of a temporary or seasonal nature for
18 which the certifications were granted.
19 "(3) TREATMENT OF VIOLATIONS.-
20 "(A) MEMBER'S VIOLATION DOES NOT NEC-
21 ESSARILY DISQUALIFY ASSOCIATION OR OTHER
22 MEMBERS.-If an individual producer member of
23 such an association is determined to have commit-
24 ted an act that under subsection (b)(2) results in
25 the denial of certifications with respect to the
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 44
1 member, the denial shall apply only to that
2 member and does not apply to the association or
3 another producer member of the association unless
4 the Secretary determines that the association or
5 other member participated in, or had knowledge
6 of and derived benefit from, the violation.
7 "(B) ASSOCIATION'S VIOLATION DOES NOT
8 NECESSARILY DISQUALIFY MEMBERS.-If an as-
9 sociation representing agricultural producers as an
10 agent, joint employer, or employer is determined
11 to have committed an act that under subsection
12 (b)(2) results in the denial of certification with re-
13 spect to the association, the denial shall apply
14 only to the association and does not apply to any
15 individual producer member of the association
16 unless the Secretary determines that the member
17 participated in, or had knowledge of and derived
18 benefit from, the violation.
19 "(e) EXPEDITED ADMINISTRATIVE APPEALS OF CER-
20 TAIN DETERMINATIONS.-
21 "(1) DENIAL OF LABOR CERTIFICATION.-The
22 Secretary of Labor shall provide for an expedited pro-
23 cedure for the review of a denial of certification under
24 subsection (a)(1) or, at the applicant's request, for a de
25 novo administrative hearing respecting the denial. In
?
?
?
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
45
? 1 the case of a request for such a review or hearing With
respect to denial of certification for temporary agricul-
3 tural workers to perform agricultural services in the
4 production of perishable commodities (as defined by the
5 Secretary of Agriculture for purposes of this section),
6 the Secretary of Labor shall provide that the review or
7 hearing take place not later than 72 hours after the
8 time the request is submitted.
9 "(2) REDETERMINATION WHERE UNQUALIFIED
10 WORKERS REFERRED FOR EMPLOYMENT,- The Secre-
11 tare of Labor shall expeditiously, but in no case later
12 than 72 hours after the time a new determination is
13 requested, make a new determination on the request
14 for certification in the case of a temporary agricultural
15 worker if the employer asserts that eligible individuals
16 who have been referred are not able, willing, or quali-
17 fied because of lawful employment-related reasons. If
18 the employer asserts that an eligible individual who
19 has been referred is not able, willing, or qualified, the
20 burden of proof is on the employer to establish that the
21 individual referred is not able, willing, or qualified he-
22 cause of employment-related reasons.
23 "(3) ATTORNEY GENERAL EXPEDITED REVIEW
? 24 WHERE WORKERS NOT ACTUALLY AVAILABLE.-TO
?3 the extent that-
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 46
"(A) a certification under subsection (a)(1)
was denied solely because of the availability of el-
igible individuals to perform the agricultural serv-
ices specified in the petition, and
"(B) eligible individuals who agree to per-
form the services for which the temporary agricul-
tural workers are sought are not actually avail-
able at the time and place such services
quired,
Attorney General shall provide by regulation for an
expedited review of the petition respecting the workers
not later than 72 hours after the time the employer re-
quests expedited review under this paragraph. To the
extent that the Attorney General determines that the
facts described in the previous sentence exist, the At-
torney General may provide for approval of the peti-
tion (subject to the other conditions required for the ap-
proval of certification under subsection (a)(1)), notwith-
standing the denial of the certification by the Secretary
of Labor.
"(4) EXPEDITED APPLICATION WHERE UNFOR-
SEEN NEED FOR WORKERS.-
"(A) PERMITTING AMENDED APPLICATION
OR ABBREVIATED RECRUITMENT PERIOD.-If
?
?
?
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
is
47
1 the Secretary of Labor makes the determination
2 described in subparagraph (C), the Secretary-
3 "(i) shall permit the employer to amend
4 or to make an application for certification
5 under subsection (a)(1), and
6 "(ii) may waive some or all of the 65-
7 day recruitment period described in subsec-
8 tion (c)(1) as necessary to meet the critical
9 need described in subparagraph (C)(i).
10 "(B) PROMPT REDETERMINATION.-In the
11 case of an amended or new application under sub-
12 paragraph (A)-
13 "(i) USING BEST DATA.-The Secretary
14 shall make the determination on the amend-
15 ment or application based upon the best
16 available labor market information.
17 "(ii) DEADLINE FOR DETERMINA-
18 TION.-Except as provided in clause (iii), the
19 Secretary shall make the determination on
20 the amendment or application not later than
21 20 days before the date on which the work-
22 ers are needed.
23 "(iii) DEADLINE FOR LATE AMEND-
24 MENTS AND APPLICATIONS-If an amend-
~a ment or application is made at any time later
0
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 48
1 than 3 days before such date of need de-
2 scribed in clause (ii), the Secretary shall
3 make the determination on the amendment
4 or application within 72 hours after the date
5 the amendment or application is submitted.
6 `"(C) DETERMINATION OF UNFORSEEN CIR-
7 CUMSTANCES.-The determination under sub-
8 paragraph (A) is that-
9 "(i) in the case of an employer that has
10 filed an application for a certification under
11 subsection (a)(1), the employer-
12 "(I) has a critical need for workers
13 before the expiration of the 65-day
14 period described in subsection (c)(1), or
15 "(II) has a critical need for addi-
16 tional workers who had not been re-
17 quested in the previous application;
18 "(ii) in the case of an employer that had
19 not previously filed such an application, the
20 employer has a critical need for workers
21 before the expiration of the 65-day period
2 described in subsection (c)(1) and the employ-
23 er made prompt application for certification
24 under subsection (a)(1) when the employer's
2.5 need for workers became known: and
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
49
1 "(iii) based on the employer's past expe-
? 2 rience and on reasonable expectations, the
3 need for such workers at the time required
4 could not have been foreseen.
5 "(5) PERMITTING PRESENTATION OF COUNTER-
6 VAILING EVIDENCE.-If the Secretary of Labor denies
7 a certification under subsection (a)(1) or fails to act on
8 the application, the Attorney General may permit the
9 applicant to present countervailing evidence to the At-
10 torney General that-
11 "(A) there are not sufficient workers who are
12 able, willing, and qualified and who will be avail-
13 able at the time and place needed to perform the
14 services involved in the petition for which the cer-
15 tification is sought, and
16 "(B) the employment policies of the Depart-
17 ment of Labor have been observed.
18 "(f) ENTRY AND TRANSFER OF TEMPORARY AGRICUL-
19 TURAL WORKERS.-
20 "(1) TIME LIMITATION.-An alien may not be
21 admitted to the United States as a temporary agricul-
22 rural worker for an aggregate period longer than the
23 period (or periods) determined by regulations of the At-
24 tornev General. The regulations may provide for a
25 period of admission of longer than one year in the case
 50
1 of agricultural services which the Secretary of Labor
2 has recognized, for purposes of the admission of certain
3 nonimmigrants under section 101(a)(15)(H)(ii), before
4 the date of the enactment of this section.
5 "(2) VIOLATORS DISQUALIFIED FOR 5 YEARS.-
6 An alien may not be admitted to the United States as
7 a temporary agricultural worker if the alien was admit-
8 ted to the United States as such a worker within the
9 previous five-year period and the alien during that
10 period violated a term or condition of such previous ad-
11 mission.
12 "(3) TRANSFER OF WORKERS AMONG EMPLOY-
13 ERS PERMITTED.-Nothing in this section shall prohib-
14 it an employer which has a petition approved with re-
15 spect to the importation of temporary agricultural
16 workers from hiring such a worker who has completed
17 a work contract entered into with another employer.
18 The Attorney General shall provide for a procedure to
19 allow temporary agricultural workers, who have com-
20 pleted a work contract under this section and who are
21 not otherwise deportable, to remain in the United
22 States for brief periods in which to seek and accept
23 employment with employers who are authorized to
24 employ the workers.
25 "(g) MISCELLANEOUS PROVISIONS.-
S
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
51
? 1 "(1) AUTHORITY OF SECRETARY OF LABOR.-
2 The Secretary of Labor is authorized to take such ac-
3 tions, including imposing appropriate penalties and
4 seeking appropriate injunctive relief and specific per-
5 formance of contractual obligations, as may be neces-
6 sary to assure employer compliance with terms and
7 conditions of employment under this section.
8 "(2) APPROPRIATE DOCUMENTATION.-The At-
9 torney General shall provide for such endorsement of
10 entry and exit documents of temporary agricultural
11 workers as may be necessary to carry out this section
12 and to provide notice for purposes of section 274A.
? 13 "(3) PREEMPTION.-The provisions of subsections
?
14 (a) and (c) of section 214 and the provisions of this sec-
15 tion preempt any State or local law regulating admissi-
16 bility of nonimmigrant workers.
17 "(h) DEFINITIONS.-For purposes of this section:
18 "(1) AGRICULTURAL SERVICES.-The term `agri-
19 cultural services' has the meaning given such term by
20 the Secretary of Labor in regulations and includes-
21 "(A) agricultural labor, defined in section
22 3121(g) of the Internal Revenue Code of 1954,
23 and
24 "(B) agriculture, as defined in section 3(f) of
25 the Fair Labor Standards Act of 1938.
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 52
"(2) ELIGIBLE INDIVIDUAL.-The term `eligible
individual' means, with respect to employment, an indi-
vidual who is not an unauthorized alien (as defined in
section 274A(h)(2)) with respect to that employment.
"(3) TEMPORARY AGRICULTURAL WORKER.-
The term `temporary agricultural worker' means a
nonimmigrant described in section 101(a)(1S)(NV").".
(d) AUTHORIZATION OF APPROPRIATIONS.-Section
404 (8 U.S.C. 1101 note), as amended by sections 101(b) and
102(b) of this Act, is further amended by adding at the end
the following new subsections:
"(d) AUTHORIZATIONS OF APPROPRIATIONS FOR SEC-
RETARY OF LABOR.-(1) There are authorized to be appro-
priated to the Secretary of Labor for each fiscal year, begin-
ning with fiscal year 1986, $10,000,000 for the purposes-
16 "(A) of recruiting domestic workers for temporary
17 services which might otherwise be performed by tem-
18 porary agricultural workers described in section 216,
19 and
20 "(B) of monitoring terms and conditions under
21 which such temporary agricultural workers (and do-
mestic workers employed by the same employers) are
employed in the United States.
24 "(2) There are authorized to be appropriated for each
25 fiscal year, beginning with fiscal year 1986, such sums as
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
53
? 1 may be necessary for the purpose of enabling the Secretary of
2 Labor to make determinations and certifications under section
3 216 and under section 212(a)(14).
4 "(e) AUTHORIZATION OF APPROPRIATIONS FOR SEC-
5 RETARY OF AGRICULTURE.-There are authorized to be ap-.
6 propriated for each fiscal year, beginning with fiscal year
7 1986, such sums as may be necessary for the purposes of
8 enabling the Secretary of Agriculture to carry out the Secre-
9 tary's duties and responsibilities under section 216.".
10 (e) PROHIBITING ADJUSTMENT OF STATUS OF TEM-
11 PORARY AGRICULTURAL WORKERS.-(1) Section 245(c) (8
12 U.S.C. 1255(c)), as amended by section 113(a) of this Act, is
? 13 further amended by adding at the end the following new
?
14 paragraph:
15 "(4) An alien (other than an immediate relative specified
16 in section 201(b)) who entered the United States classified as
17 a nonimmigrant under section 101(a)(15)(N).".
18 (2) Section 248(1) (8 U.S.C. 1258(U) is amended by
19 striking out "or (K)" and inserting in lieu thereof "(K), or
20 (N)".
21 (f) EFFECTIVE DATE.-The amendments made by sub-
22 sections (a), (b), and (c) of this section apply to petitions and
23 applications filed under sections 214(c) and 216 of the Immi-
24 gration and Nationality Act on or after the first day of the
25 seventh month beginning after the date of the enactment of
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 54
1 this Act (hereinafter in this section referred to as the "effec-
2 tive date").
3 (g) REGULATIONS.-The Attorney General, in consul-
4 tation with the Secretary of Labor and the Secretary of Agri-
5 culture, shall approve all regulations to be issued implement-
6 ing sections 101(a)(15)(N) and 216 of the Immigration and
7 Nationality Act. Notwithstanding any other provision of law,
8 final regulations to implement such sections shall first be
9 issued, on an interim or other basis, not later than the effec-
10 tive date.
11 (h) CONFORMING AMENDMENT TO TABLE OF CON-
12 TENTS.-The table of contents is amended by inserting after
13 the item relating to section 215 the following new item:
"Sec. 216. Admission of temporary agricultural workers.".
14 SEC. 123. AGRICULTURAL LABOR TRANSITION PROGRAM.
15 (a) ESTABLISHMENT OF TRANSITION PROGRAM.-The
16 Attorney General, in consultation with the Secretary of
17 Labor and the Secretary of Agriculture, shall promulgate
18 rules and regulations for the implementation of an agricultur-
19 al labor transition program. The program shall be effective
20 for a three-year period beginning on the first day of the sev-
21 enth month beginning after the date of enactment of this act.
22 (b) LIMITATION ON NUMBER OF WORKERS UNDER
23 PROGRAM.-During the first year of the transition program,
24 an agricultural employer, except as provided in (c), (d), and
25 (e), may, as provided by regulation, employ up to 100 percent
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
is
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
Da
? 1 of his nondomestic seasonal agricultural worker need with
2 transitional workers. During the second and third years of
3 the program, the employer may employ up to 67 percent and
4 33 percent, respectively, of his nondomestic seasonal agricul-
5 tural worker needs with transitional workers.
6 (C) CANNOT REPLACE LEGAL WORKERS.-Nothing in
7 this section shall permit transitional workers to replace avail-
8 able United States workers or legal foreign workers admitted
9 under the Immigration and Nationality Act.
10 (d) COVERAGE UNDER OTHER EMPLOYMENT LAWS.-
11 All workers employed under the provisions of this section
12 shall be fully protected by all Federal and State laws and
13 regulations governing the employment of United States mi-
14 grant and seasonal agricultural workers.
15 (e) ELIGIBILITY OF ALIENS.-(1) An undocumented
16 alien in the United States shall be eligible to be a transitional
17 worker under the provisions of this section if the person is
18 employed or has been employed as a seasonal agricultural
19 worker in the United States for at least 90 days during a
20 period of time after January 1, 1980.
21 (2) An undocumented worker shall not be eligible to be
22 a transitional worker and may not be registered under this
23 section if the person is deportable for any reason other than
24 those described in paragraphs (2) and (9) of section 241(a) of
0 25 the Immigration and Nationality Act, or on the basis, under
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 56
1 paragraph (1) of that section, of being excludable at the time
2 of entry under paragraph (19), (20), or (26) of section 212(a)
3 of such Act. Only persons employed as transitional workers
4 and registered as such by the Attorney General during the
5 first year of the program shall be eligible during the second
6 and third years.
7 (3) A transitional worker under this section is not eligi-
8 ble to apply for adjustment of status under section 245(a) of
9 the Immigration and Nationality Act, unless the alien is an
10 immediate relative described in section 201(b) of such Act.
11 (f) REQUIREMENTS FOR EMPLOYERS TO PARTICI-
12 PATE.-To employ transitional workers under the provisions
13 of this section, an agricultural employer must-
14 (1) notify the Attorney General of the employer's
15 intention to participate in the transition program within
16 twelve months of the beginning of the program, and
17 (2) provide such information relating to the em-
18 ployer's requirements for seasonal agricultural workers
19 in months or other periods in previous and future years
20 as the Attorney General may specify.
21 (g) REPORTS ON USE OF WORKERS.-After an em-
22 ployer begins participation in the agricultural labor transition
23 program the employer shall provide, upon request, to the At-
24 torney General a numerical count of the number of transition-
25 al workers employed and the total number of domestic and
?
0
?
as 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
51
? 1 foreign seasonal agricultural workers employed by the
2 employer.
3 (h) APPLICATION OF STANDARDS FOR TEMPORARY
4 AGRICULTURAL WORKERS IN CERTAIN CASES.-Any eli-
5 gible employer under the transition program who employs
6 nonimmigrant alien agricultural workers under the provisions
7 of section 216 of the Immigration and Nationality Act shall
8 provide wages and working conditions as required by subsec-
9 tion (a)(1)(B) of such section to all similarly employed work-
10 ers of that employer.
11 (i) EMPLOYMENT DOES NOT PRECLUDE LEGALIZA-
12 TION OF A `YORKER.-agreement by an alien to be a transi-
13 tional worker would not preclude that alien from eligibility
14 under the legalization provisions of title II of this Act.
15 Q) PAYMENT OF FEES.-The Attorney General may
16 require by regulation, as a condition of participation by an
17 employer in the transition program, the payment of a fee to
1S recover the reasonable costs of processing registrations under
19 the transition program.
20 (k) TREATMENT OF CERTAIN DOCUMENTATION.-In
21 accordance with regulations of the Attorney General, a work
22 permit or other documentation issued under this section to a
23 transitional worker shall be considered to be documentation
24 evidencing authorization of employment for purposes of sec-
0 25 tion 274A(b)(1)(C)(iii) of the Immigration and Nationality Act
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 58
1 and an alien employed by an employer and in possession of a
2 properly endorsed work permit or other such documentation
3 for a period of time shall be considered (for purposes of sec-
4 tion 2 i 4A(h)(2) of such Act) to be authorized by the Attorney
5 General to be so employed during that period of time. For
6 purposes of section 3121(a)(1) of the Internal Revenue Code
7 of 1954 and section 210(a) of the Social Security Act, a tran-
8 sitional worker performing seasonal agricultural services for
9 an employer participating under the program shall be consid-
10 ered to be lawfully admitted to the United States on a tempo-
11 rary basis to perform agricultural labor.
12 (1) MISCELLANEOUS ADMINISTRATIVE PROVISIONS.-
13 (1) Notwithstanding the Federal Property and Administrative
14 Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney
15 General is authorized to expend from the appropriation pro-
16 vided for the administration and enforcement of the Immigra-
17 tion and Nationality Act, such amounts as may be necessary
18 for the leasing or acquisition of property in the fulfillment of
19 this section during the period of the transition program.
20 (2) USE OF RETIRED FEDERAL EMPLOYEES.-NOt-
21 withstanding any other provision of law, the retired or retain-
22 er pay of a member or former member of the Armed Forces
23 of the United States or the annuity of a retired employee of
24 the Federal Government shall not be reduced while such in-
25 dividual is temporarily employed by the Service for the
?
0
is
.c 'inn Tc
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
59
? 1 period of the transition program to perform duties in connec-
2 tion with the program.
3 SEC. 124. COMMISSION ON AGRICULTURAL WORKER PRO-
5 (a) ESTABLISHMENT AND COMPOSITION OF COMMIS-
6 SIGN.-(1) There is established a commission (hereinafter in
7 this section referred to as the "Commission") to be composed
8 of 12 members-
9 (A) two to be appointed by the Attorney General,
10 (B) two to be appointed by the Secretary of
11 Labor,
12 (C) two to be appointed by the Secretary of Agri-
13 culture,
14 (D) three to be appointed by the Speaker of the
15 House of Representatives, and
16 (E) three members to be appointed by the Presi-
17 dent pro tempore of the Senate.
18 (2) In appointing individuals as members, the Attorney
19 General, the Secretaries of Labor and Agriculture, the
20 Speaker, and the President pro tempore shall assure that
21 members include some individuals who are representative of
22 labor organizations for agricultural workers and some individ-
23 uals who are representative of agricultural employers of non-
24 domestic workers. Appointments to the Commission shall be
25 made in a manner that provides for balanced representation
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 60
1 of the various interests in the matters considered by the
2 Commission.
3 (3) A vacancy in the Commission shall be filled in the
4 same manner in which the original appointment was made.
5 (4) Appointments to the Commission shall first be made
6 within 30 days after the date of the enactment of this Act.
7 (5) Members shall be appointed to serve for the life of
8 the Commission.
9 (b) REVIEW OF AGRICULTURAL LABOR PROGRAMS.-
10 (1) The Commission shall study and review-
11 (A) the temporary agricultural worker program
12 described in section 216 of the Immigration and Na-
13 tionality Act, and
14 (B) the agricultural labor transition program under
15 section 123 of this Act,
16 particularly as such programs impact on the labor needs of
17 agricultural employers in the United States and on the wages
18 and working conditions of United States agricultural workers.
19 (2) The Commission shall specifically review the follow-
20 ing with respect to the temporary agricultural worker pro-
21 gram under section 216 of the Immigration and Nationality
22 Act:
23 (A) The standards described in subsection (a)(1) of
24 that section for the certification respecting temporary
25 agricultural workers.
?
?
?
.C 19nn IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
61
1 (B) Whether or not there should be a statutory or
2 other specific limit on the number of such workers who
3 may be imported in any period.
4 (C) Whether or not payments equivalent to the
5 taxes otherwise imposed under the Federal Insurance
6 Contributions Act and the Federal Unemployment Tax
7 Act should be made by the employers of such workers
8 and what use should be made of these payments.
9 (D) What is a proper length of time and proper
10 mechanism for the recruitment of domestic workers
11 before importation of such foreign workers.
12 (E) Whether foreign agricultural workers should
13 be contractually restricted to employment with specific
14 employers.
15 (F) Whether current labor standards offer ade-
16 quate protection for domestic and foreign agricultural
17 workers.
18 (G) Whether certain geographic regions need spe-
19 cial programs or provisions to meet their unique needs.
20 (c) REPORT TO CONGRESS.-(1) The Commission shall
21 report to the Congress not later than two years after the
22 effective date (described in section 122(f)) on its reviews
23 under subsection (h). The Commission shall include in its
24 report recommendations for improvements in the temporary
25 agricultural worker program under section 216 of the Immi-
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 62
1 gration and Nationality Act, including specific legislative
2 recommendations-
3 (1) on the matter specifically reviewed under sub-
4 section (b)(2),
5 (2) improving the timeliness of decisions regarding
6 the admission of temporary agricultural workers under
7 the program,
8 (3) removing any current economic disincentives
9 to hiring United States citizens or permanent resident
10 aliens where temporary agricultural workers have been
11 requested, and
12 (4) improving the cooperation among government
13 agencies, employers, employer associations, workers,
14 unions, and other worker associations to end the de-
15 pendence of any industry on a constant supply of tem-
16 porary foreign agricultural workers.
17 (d) COMPENSATION OF MEMBERS.-(1) Each member
18 of the Commission who is not an officer or employee of the
19 Federal Government is entitled to receive, subject to such
20 amounts as are provided in advance in appropriations Acts,
21 the daily equivalent of the minimum annual rate of basic pay
22 in effect for grade GS-18 of the General Schedule for each
23 day (including traveltime) during which the member is en-
24 gaged in the actual performance of duties of the Commission.
?
?
?S 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
63
Each member of the Commission who is such
employee shall serve without additional pay.
?
(2) While away from their homes or regular places of
business in the performance of services for the Commission,
members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence.
(f) MEETINGS OF CoyImssToN.-(1) Seven members of
the Commission shall constitute a quorum, but a lesser
number may hold hearings.
(2) The Chairman and the Vice Chairman of the Com-
mission shall be elected by the members of the Commission
for the life of the Commission.
detailed to the Commission without reimbursement, and such
23 detail shall be without interruption or loss of civil service
24 status or privilege.
13 (3) The Commission shall meet at the call of the Chair-
14 man or a majority of its members.
15 (g) STAFF.-(1) The Chairman, in consultation with the
16 Vice Chairman, may appoint and fix the compensation of a
17 staff director and such other additional personnel as may be
18 necessary to enable the Commission to carry out its func-
19 tions, without regard to the laws, rules, and regulations goy-
20 erring appointment in the competitive service. Any Federal
21 employee subject to those laws, rules, and regulations may be
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 64
1 (2) The Commission may procure temporary and inter-
2 mittent services under section 3109(b) of title 5, United
3 States Code, but at rates for individuals not to exceed the
4 daily equivalent of the minimum annual rate of basic pay pay-
5 able for GS-18 of the General Schedule.
6 (g) AUTHORITY OF COMMISSION.-(1) The Commission
7 may for the purpose of carrying out this section, hold such
8 hearings, sit and act at such times and places, take such tes-
9 timonv, and receive such evidence as the Commission consid-
10 ers appropriate.
11 (2) The Commission may secure directly from any de-
12 partment or agency of the United States information neces-
13 sary to enable it to carry out this section. Upon request of the
14 Chairman, the head of such department or agency shall fur-
15 nish such information to the Commission.
16 (3) The Commission may accept, use, and dispose of
17 gifts or donations of services or property.
18 (4) The Commission may use the United States mails in
19 the same manner and under the same conditions as other
20 departments and agencies of the United States.
21 (5) The Administrator of General Services shall provide
22 to the Commission on a reimbursable basis such administra-
23 dye support services as the Commission may request.
?
?
?
f ''na IQ
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 65
1 (h) AUTHORIZATION OF APPROPRIATIONS.-(1) There
? 2 are authorized to be appropriated such sums as may be nec-
3 essary to carry out the purposes of this section.
4 (2) Notwithstanding any other provision of this section,
5 no payment, or authorization to make payments or to enter
6 into contracts under this section, shall be effective to such
7 extent, or in such amounts, as are provided in advance in
8 appropriations Acts.
9 (i) TERMINATION DATE.-The Commission shall cease
10 to exist 27 months after the effective date (described in sec-
11 tion 122W).
12 TITLE II-LEGALIZATION OF STATUS
13 SEC. 201. LEGALIZATION COMMISSION.
14 (a) ESTABLISHMENT AND COMPOSITION OF COMMIS-
15 SIGN.-(1) There is established a Select Commission on Le-
16 galization (hereinafter in this section referred to as the
17 "Commission"), to be composed of 16 members-
18 (A) eight to be appointed by the President (not
19 more than four of whom may be members of the same
20 political party) from a list of names submitted by the
21 Speaker of the House of Representatives and
22 (B) eight to be appointed by the President (not
23 more than four of whom may be members of the same
24 political party) from a list of names submitted by the
0 25 President pro tempore of the Senate.
 66
1 (2) Each list submitted under paragraph (1) shall contain
2 the names of at least 24 individuals, not more than 12 of
3 whom are members of the same political party, and none of
4 whom are officials or employees in the legislative branch of
5 the Federal Government.
6 (3) A vacancy in the Commission shall be filled in the
7 same manner in which the original appointment was made.
8 (4) The Speaker of the House of Representatives and
9 the President pro tempore of the Senate shall submit the lists
10 described in paragraph (2) to the President not later than 30
11 days after the date of the enactment of this Act and the
President shall first appoint individuals as members of the
Commission within 30 days after the date of receipt of such
lists.
15 (5) Members shall be appointed to serve for the life of
16 the Commission.
17 (b) DUTIES OF COMMISSION.-The Commission shall
18 monitor and review-
19 (1) the border patrol and other enforcement pro-
20 grams of the Federal Government designed to control
21 substantially the illegal entry of aliens into the United
States and to prevent and deter substantially violations
23 of the terms of entry, including the amount of re-
24 sources devoted to these programs and their effective-
25 ness, and
?
?
is
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
67
1 (2) the programs of the Federal Government de-
9 signed to eliminate substantially the employment of un-
?
3 authorized aliens in the United States, including the
4 amount of resources devoted to these programs and
5 their effectiveness.
6 The Commission may also study improvements that can be
7 made to improve the effectiveness of these programs.
8 (c) REPORTS TO CONGRESS.-(1) The Commission
9 shall transmit a report to Congress on its activities not later
10 than one year after the date a majority of its members are
11 first appointed, and (until its expiration) not less frequently
12 than annually thereafter.
13 (2) Each report shall include a description of the in-
14 crease in resources being devoted to the programs described
15 in subsection (b) and the effect of the increase and such rec-
16 ommendations for improvements in the programs as the
17 Commission determines to be appropriate.
18 (3) Each report also shall contain a finding of whether
19 the following conditions have been met:
20 (A) Programs of the Federal Government are in
21 effect, and have adequate resources, to control substan-
22 tially illegal entry of aliens into the United States, to
23 prevent and deter substantially violations of the terms
24 of entry, and to eliminate substantially the employment
25 of unauthorized aliens in the United States.
 68
1 (B) There is substantial likelihood that these pro-
2 grams will continue to remain effective after the imple-
3 mentation of the program of legalization under section
4 202 of this Act.
5 (d) COMPENSATION OF MEMBERS, MEETINGS, STAFF,
6 AUTHORITY OF COMMISSION, AND AUTHORIZATION OF
7 APPROPRIATIONS.-(1) The provisions of subsection (d), (e),
8 (f)(2), (f)(3), (g), and (h) of section 124 of this Act shall apply
9 to the Commission under this section in the same manner as
10 they apply to the Commission established under section 124.
11 (2) Nine members of the Commission shall constitute a
12 quorum, but a lesser number may hold hearings.
13 (e) TERMINATION DATE.-The Commission shall cease
14 to exist upon the effective date of the legalization program
15 (described in section 202(a)(1)(C)), except that the Commis-
16 sion may continue to function for up to 90 days thereafter for
1 7 the purpose of concluding its activities.
18 SEC. 202. LEGALIZATION OF STATUS.
19 (a) TEMPORARY RESIDENCE STATUS.-The Attorney
20 General may, in his discretion and under such regulations as
21 he shall prescribe, adjust the status of an alien to that of an
22 alien lawfully admitted for temporary residence if the alien
23 meets the following requirements:
24 (1) TIMELY APPLICATION.-
is
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
69
(A) DURING APPLICATION PERIOD.-Except
2 as provided in subparagraph (B), the alien must
3 apply for such adjustment during the 12-month
4 period beginning on a date (not later than 90 days
5 after the effective date of the legalization pro-
6 gram, described in subparagraph (C)) designated
7 by the Attorney General.
8 (B) APPLICATION WITHIN 30 DAYS OF
9 SHOW-CAUSE ORDER.-An alien who, at any
10 time during the 12-month period described in sub-
11 paragraph (A), is the subject of an order to show
12 cause issued under section 242 of the Immigration
13 and Nationality Act, must make application under
14 this section not later than the end of the 30-day
15 period beginning either on the first day of such
16 12-month period or on the date of the issuance of
17 such order, whichever day is later.
18 (C) EFFECTIVE DATE OF LEGALIZATION
19 PROGRAM.-As used in this section, the term "ef-
20 fective date of the legalization program" means
21 the date the Legalization Commission reports,
22 under section 201(c)(3), that conditions described
23 in such section have been met.
24 (D) INFORMATION INCLUDED IN APPLICA-
25 TION.-Each application under this subsection
.4 iznn IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 1 shall contain such information as the Attorney
2 General may require, including information on
3 living relatives of the applicant with respect to
4 whom a petition for preference or other status
5 may be filed by the applicant at any later date
6 under section 204(a) of the Immigration and Na-
7 tionality Act.
8 (2) CONTINUOUS UNLAWFUL RESIDENCE SINCE
9 1980.-
(A) IN GENERAL.-The alien must establish
11 that he either (i) arrived in the United States
12 before January 1, 1980, and that he has resided
13 continuously in the United States in an unlawful
14 status since such date, or (ii) is a special Cuban or
15 Haitian entrant (as described in subparagraph
16 (D)).
17 (B) NoNIMMIGRANTS.-In the case of an
18 alien who entered the United States as a nonim-
19 migrant before January 1, 1980, the alien must
20 establish that the alien's period of authorized stay
21 as a nonimmigrant expired before such date
22 through the passage of time or the alien's unlaw-
23 ful status was known to the Government as of
24 such date.
?
?
0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
71
1 (C) EXCHANGE VISITORS.-If the alien Was
2 at any time a nonimmigrant exchange alien (as
3 defined in section 101(a)(15)(J) of the Immigration
4 and Nationality Act), the alien must establish that
5 the alien was not subject to the two-year foreign
6 residence requirement of section 212(e) or has ftil-
7 filled that requirement or received a waiver there-
S of.
9 (D) SPECIAL CUBAN OR HAITIAN EN-
10 TRANT.-As used in this section, the term "spe-
11 cial Cuban or Haitian entrant" means an alien
12 who is-
13 (i) a national of Cuba who arrived in
14 the United States and presented himself for
15 inspection after April 20, 1980, and before
16 January 1, 1981, and who is still physically
17 present in the United States;
18 (ii) a national of Haiti who on Decem-
19 ber 31, 1980, was the subject of exclusion or
20 deportation proceedings under section 236 or
21 section 242 of the Immigration and National-
ity Act, including a national of Haiti who on
23 that date was under an order of exclusion
24 and deportation or under an order of depor-
25 tation which had not yet been executed;
s 170A is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 72
1 (iii) a national of Haiti who was paroled
2 into the United States under section
3 212(d)(5) of such Act or was granted volun-
4 tart' departure before December 31, 1980,
5 and was physically present in the United
6 States on that date; or
7 (iv) a national of Cuba or Haiti who on
8 December 31, 1980, had an application for
9 asylum pending with the Immigration and
10 Naturalization Service.
11 (3) CONTINUOUS PHYSICAL PRESENCE SINCE EN-
12 ACTMENT.-The alien must establish that the alien has
13 been continuously physically present in the United
14 States since the date of the enactment of this section.
15 (4) ADMISSIBLE AS ILMMIGRANT.-The alien must
16 establish that he-
17 (A) is admissible to the United States as an
18 immigrant, except as otherwise provided under
19 subsection (d)(2),
20 (B) has not been convicted of any felony or
21 of three or more misdemeanors committed in the
2' United States,
23 (C) has not assisted in the persecution of any
24 person or persons on account of race, religion, na-
?
?
0
 ?
73
1 tionality, membership in a particular social group,
2 or political opinion, and
3 (D) is registered or registering under the
4 Military Selective Service Act, if the alien is re-
5 quired to be so registered under that Act.
6 (b) SUBSEQUENT ADJUSTMENT TO PERMANENT RESI-
T DENCE AND NATURE OF TEMPORARY RESIDENT
8 STATUS.-
(1) ADJUSTMENT TO PERMANENT RESIDENCE.-
The Attorney General, in his discretion and under such
regulations as he may prescribe, may adjust the status
?
?
12 of any alien provided lawful temporary resident status
13 under subsection (a) to that of an alien lawfully
14 admitted for permanent residence if the alien meets the
1:5 following requirements:
16 (A) TIMELY APPLICATION.-The alien must
17 apply for such adjustment during the 12-month
18 period beginning with the first day of the thirty-
19 first month that begins after the date the alien
20 was granted such temporary resident status.
21 (B) CONTINUOUS LAWFUL RESIDENCE.-
72 (i) IN GENERAL.-The alien must es-
23 tablish that he has continuously resided in
24 the United States since the date the alien
25 was granted such temporary resident status.
.S 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 74
(ii) TREATMENT OF CERTAIN AB-
SENCES.-An alien shall not be considered
to have lost the continuous residence referred
to in clause (i) by reason of an absence from
the United States permitted under paragraph
(3)(A).
(C) ADMISSIBLE AS IMMIGRANT.-The alien
must establish that he-
(i) is admissible to the United States as
an immigrant, except as otherwise provided
under subsection (d)(2), and
(ii) has not been convicted of any felony
or three or more misdemeanors committed in
the United States.
(D) BASIC CITIZENSHIP SKILLS.-
(i) IN GENERAL.-The alien must dem-
onstrate that he either-
(I) meets the requirements of
tion 312 of the Immigration and Na-
tionality Act (relating to minimal under-
standing of ordinary English and a
knowledge and understanding of the his-
tory and government of the United
States), or
?
?
?
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
la
1 (II) is satisfactorily pursuing a
course of study (recognized by the At-
0
?
3 torney General) to achieve such an un-
4 derstanding of English and such a
5 knowledge and understanding of the his-
6 tort' and government of the United
7 States.
8 (ii) EXCEPTION FOR ELDERLY INDIVID-
9 EALS.-The Attorney General may, in his
10 discretion, waive all or part of the require-
11 meats of clause (i) in the case of an alien
12 who is 65 years of age or older.
13 (2) TERMINATION OF TEMPORARY RESIDENCE.-
14 The Attorney General shall provide for termination of
15 temporary resident status granted an alien under this
16 subsection-
17 1 (A) if it appears to the Attorney General
18 that the alien was in fact not eligible for such
19 status;
20 (B) if the alien commits an act that-
21 (i) makes the alien inadmissible to the
22 United States as an immigrant, except as
23 otherwise provided under subsection (d)(2), or
?S 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 76
(ii) is convicted of any felony or three or
more misdemeanors committed in the United
States; or
(C) at the end of the forty-second month be-
ginning after the date the alien is granted such
status, unless the alien has filed an application for
adjustment of such status pursuant to paragraph
(1) and such application has not been denied.
(3) AUTHORIZED TRAVEL AND EMPLOYMENT
DURING TEMPORARY RESIDENCE.-During the period
an alien is in the lawful temporary resident status
12 granted under subsection (a)-
13 (A) AUTHORIZATION OF TRAVEL
14 ABROAD.-The Attorney General shall, in accord-
15 ance with regulations, permit the alien to return
16 to the United States after such brief and casual
17 trips abroad as the Attorney General determines
18 reflect an intention on the part of the alien to
19 adjust to lawful permanent resident status under
20 paragraph (1).
(B) AUTHORIZATION OF EMPLOYMENT.-
The Attorney General shall grant the alien au-
thorization to engage in employment in the
24 United States and provide to that alien an "em-
0
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
77
? 1 ployment authorized" endorsement or other ap-
propriate work permit.
?
?
3 (c) APPLICATIONS FOR INITIAL ADJUSTMENT OF
4 STATUS.-
5 (1) To WHOM MAY BE MADE.-The Attorney
6 General shall provide that applications for adjustment
7 of status under subsection (a) may be filed-
(A) with the Attorney General, or
(B) with a qualified designated entity, but
only if the applicant consents to the forwarding of
11 the application to the Attorney General.
12 As used in this section, the term "qualified designated
13 entity" means an organization or person designated
14 under paragraph (2).
15 (2) DESIGNATION OF QUALIFIED ENTITIES TO
16 RECEIVE APPLICATIONS.-For purposes of assisting in
17 the program of legalization provided under this section,
18 the Attorney General shall designate qualified organi-
19 zations and State and local governments as qualified
20 designated entities for purposes of this section.
21 (3) TREATMENT OF APPLICATIONS BY QUALI-
22 FIED DESIGNATED ENTITIES.-Each qualifed designat-
23 ed entity must agree to forward to the Attorney Gen-
24 eral applications filed with it in accordance with para-
5 graph (1)(B) but not to forward to the Attorney Gener-
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 78
al applications filed with it unless the applicant has
consented to such forwarding. No such entity may
make a determination required by this section to be
made by the Attorney General.
(4) PENALTIES FOR FALSE STATEMENTS IN AP-
PLICATIONS.-Whoever files an application for adjust-
ment of status under this section and knowingly and
willfully falsifies, misrepresents, conceals, or covers up
a material fact or makes any false, fictitious, or fraudu-
lent statements or representations, or makes or uses
any false writing or document knowing the same to
contain any false, fictitious, or fraudulent statement or
entry, shall be fined, or imprisoned not more than five
years, or both.
(5) APPLICATION FEES.-
16 (A) FEE SCHEDULE.-The Attorney General
17 shall prescribe a fee of $100 or more to he paid
18 by each alien who files an application-for adjust-
19 meat of status under subsection (a) or subsection
20 (b)(1).
21 (B) USE OF FEES.-The Attorney General
shall deposit payments received under the preced-
23 ing sentence in a separate account and amounts in
24 such account shall be available, without fiscal
25 year limitation, only to cover administrative ex-
s
0
.c renn is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
79
1 penses incurred in connection with the review of
0 2 applications filed under this section.
5 (1) NUMERICAL LIMITATIONS DO NOT APPLY.-
6 The numerical limitations of section 201 and 202 of
7 the Immigration and Nationality Act shall not apply to
8 the adjustment of aliens to lawful permanent resident
9 status under this section.
10 (2) WAIVER OF GROUNDS FOR EXCLUSION.-In
11 the determination of an alien's admissibility under sub-
12 sections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B)(i)-
13 (A) GROUNDS OF EXCLUSION NOT APPLICA-
14 BLE.-The provisions of paragraphs (14), (20),
15 (21), (25), and (32) of section 212(a) of the Immi-
16 gration and Nationality act shall not apply.
17 (B) WAIVER OF OTHER GROUNDS.-
18 (i) IN GENERAL.-Except as provided
0
19 in clause (ii), the Attorney General may
20 waive any other provision of section 212(a)
21 of such Act in the case of individual aliens
22 for humanitarian purposes, to assure family
23 unity, or when it is otherwise in the public
24 interest.
 80
1 (ii) GROUNDS THAT MAY NOT BE
2 WAIVED.-The following provisions of sec-
3 tion 212(a) of such Act may not be waived
4 by the Attorney General under clause (i):
a (I) Paragraph (9) and (10) (relating
6 to criminals).
7 (II) Paragraph (15) (relating to
8 aliens likely to become public charges)
9 insofar as it relates to an application for
10 adjustment to permanent residence.
11 (111) Paragraph (23) (relating to
12 drug offenses), except for so much of
13 such paragraph as relates to a single of-
14 fense of simple possession of 30 grams
15 or less of marihuana.
16 (IV) Paragraphs (27), (28), and
17 (29) (relating to national security and
18 members of certain organizations).
19 (17) Paragraph (33) (relating to
20 those who assisted in the -Nazi persecu-
21 tions).
22 (e) TEMPORARY STAY OF DEPORTATION AND Wj ORK
23 AUTHORIZATION DURING APPLICATION PERIOD.-The At-
24 torney General shall provide that in the case of an alien who.
25 during the application period described in subsection (a)(1).
0
?
?
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
81
1 presents an application for adjustment of status under subsec-
2 tion (a) Which application establishes a prima facie case of
3 eligibility to have his status adjusted under such subsection,
4 and until a final administrative determination on the applica-
5 tion has been made in accordance with this section, the
6 alien-
7 (1) may not be deported, and
8 (2) shall be granted authorization to engage in
9 employment in the United States and be provided an
10 "employment authorized" endorsement or other appro-
11 priate work permit.
12 This subsection shall not be construed as preventing the At-
13 torney General from commencing deportation proceedings
?
14 against any alien.
15 (f) ADMINISTRATIVE AND JUDICIAL REVIEW.-
16 (1) LIMITATION ON ADMINISTRATIVE AND JUDI-
17 CIAL REVIEW.-Except as provided in paragraph (4)
18 there shall be no administrative or judicial review (by
19 class action or otherwise) of a decision or determina-
20 tion under this section.
21 (2) No REVIEW FOR LATE FILINGS.-No denial-
22 of adjustment of status under this section based on a
23 late filing of an application for such adjustment may be
24 reviewed by a court of the United States or of any
S 1200 IS--6
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 82
1 State or reviewed in any administrative proceeding of
2 the United States Government.
3 (3) No COLLATERAL ATTACKS.-An alien denied
4 adjustment of status under this section may not raise a
5 claim respecting such adjustment in any proceeding of
6 the United States or any State involving the status of
7 such alien, including any proceeding of deportation or
8 exclusion under this Act.
9 (4) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
10 LATE REVIEW.-The Attorney General shall establish
11 an appellate authority to provide for a single level of
12 administrative appellate review of a final determination
13 respecting an application for adjustment of status under
14 this section. Such administrative appellate review shall
15 be based solely upon the administrative record estab-
16 lished at the time of the determination on the applica-
17 tion and may not review a denial described in para-
18 graph (2).
19 (g) IMPLEMENTATION OF SECTION.-
20 (1) REGULATIONS.-The Attorney General, after
21 consultation with the Committees on the Judiciary of
22 the House of Representatives and of the Senate, shall
23 prescribe-
24 (A) regulations establishing a definition of the
25 term "resided continuously", as used in this see-
0
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
83
1 tion, and the evidence needed to establish that an
9 alien has resided continuously in the United
3 States for purposes of this section, and
4 (B) such other regulations as may be neces-
b sary to carry out this section.
6 (2) CONSIDERATIONS.-In prescribing regulations'
7 described in paragraph (1)(A)-
8 (A) PERIODS OF CONTINUOUS RESI-
9 DENCE.-The Attorney General shall specify indi-
10 vidual periods, and aggregate periods, of absence
11 from the United States which will be considered
12 to break a period of continuous residence in the
13 United States.
14 (B) ABSENCES CAUSED BY DEPORTATION
10 OR ADVANCED PAROLE.-The Attorney General
16 shall provide that-
17 (i) an alien shall not be considered to
18 have resided continuously in the United
19 States, if, during any period for which con-
20 tinuous residence is required, the alien was
21 outside the United States as a result of a de-
?3 parture under an order of deportation, and
23 (ii) any period of time during which an
24 alien is outside the united States pursuant to
25 the advance parole procedures of the Service
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 84
1 shall not be considered as part of the period
2 of time during which an alien is outside the
3 United States for purposes of this section.
4 (C) WAIVERS OF CERTAIN ABSENCES.-The
5 Attorney General may provide for a waiver, in
6 the discretion of the Attorney General, of the pe-
7 riods specified under subparagraph (A) in the case
8 of an absence from the United States due merely
9 to a brief temporary trip abroad required by emer-
10 genet/ or extenuating circumstances outside the
11 control of the alien.
12 (D) USE OF CERTAIN DOCUMENTATION.-
13 The Attorney General shall require that-
14 (i) continuous residence and physical
15 presence in the United States must be estab-
16 lished through documents, together with in-
17 dependent corroboration of the information
18 contained in such documents, and
19 (ii) the documents provided under clause
20 (i) be employment-related if employment-re-
21 lated documents with respect to the alien are
2 available to the applicant.
23 (3) INTERIM FINAL REGULATIONS.-Regulations
24 prescribed under this section may be prescribed to take
25 effect on an interim final basis if the Attorney General
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
is
?
85
1 determines that this is necessary in order to implement
2 this section in a timely manner.
3 (h) TEMPORARY DISQUALIFICATION OF NEWLY LE-
4 GALIZED ALIENS FROM RECEIVING CERTAIN PUBLIC As-
5 SISTANCE.-During the six-year period beginning on the
6 date an alien is granted lawful temporary resident status
7 under subsection (a) and notwithstanding any other provision
8 of law-
9 (1) an alien (other than a special Cuban and Haitian
10 entrant, as defined in subsection (a)(2)(D)) granted
11 lawful resident status under this section is not eligible
12 for-
13 (A) financial assistance furnished under Fed-
14 eral law (whether through grant, loan, guarantee,
15 or otherwise) on the basis of financial need, as
16 such programs are identified by the Attorney
17 General in consultation with other appropriate
18 heads of the various departments and agencies of
19 Government,
20 (B) medical assistance under a State plan ap-
21 proved under title XIX of the Social Security
22 Act, and
23 (C) assistance under the Food Stamp Act of
24 1977, and
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 86
1 (2) a State or political subdivision therein may, to
2 the extent consistent with paragraph (1), provide that
3 the alien is not eligible for welfare assistance furnished
4 under the law of that State or political subdivision.
5 For the purpose of section 501 of the Refugee Education
6 Assistance Act of 1980 (Public Law 96-122), assistance
7 shall be continued under such section with respect to an alien
8 without regard to the alien's adjustment of status under this
9 section. Unless otherwise specifically provided by law, an
10 alien in temporary lawful residence status granted under sub-
11 section (a) shall not be considered (for purposes of any law of
12 a State or political subdivision providing welfare assistance)
13 to be permanently residing in the United States under color
14 of law.
15 (i) MISCELLANEOUS PROVISIONS.-
16 (1) DISSEMINATION OF INFORMATION ON LE-
17 GALIZATION PROGRAM.-During the three-month
18 period beginning on the effective date of the legaliza-
19 tion program, the Attorney General, in cooperation
20 with qualified designated entities and the Secretary of
21 Labor, shall broadly disseminate information respecting
22 the benefits which aliens may receive under this sec-
23 tion and the requirements to obtain such benefits.
24 (2) PROCEDURES FOR PROPERTY ACQUISITION
25 OR LEASING.--Notwithstanding the Federal Property
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
87
1 and Administrative Services Act of 1949 (40 U.S.C.
2 471 et seq.), the Attorney General is authorized to
3 expend from the appropriation provided for the admin-
4 istration and enforcement of the Immigration and Na-
5 tionality Act, such amounts as may be necessary for
6 the leasing or acquisition of property in the fulfillment
7 of this section. This authority shall end two years after
8 the effective date of the legalization program.
9 (3) USE OF RETIRED FEDERAL EMPLOYEES.-
10 Notwithstanding any other provision of law, the retired
11 or retainer pay of a member or former member of the
12 Armed Forces of the United States or the annuity of a
13 retired employee of the Federal Government shall not
14 be reduced while such individual is temporarily em-
15 ployed by the Service for a period of not to exceed 18
16 months to perform duties in connection with the adjust-
1 ment of status of aliens under this section.
18 (4) APPLICATION OF PROVISIONS OF IMIJIIGRA-
19 TION AND NATIONALITY ACT.-Except as otherwise
20 specifically provided in this section, the definitions con-
21 tamed in the Immigration and Nationality Act apply in
22 the administration of this section. Nothing in this sec-
23 tion shall be held to repeal, amend, alter, modify,
24 effect, or restrict the powers, duties, functions, or au-
23 thority of the Attorney General in the administration
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 88
1 and enforcment of such Act or any other law relating
2 to immigration, nationality, or naturalization. The fact
3 that an alien may be eligible to be granted lawful resi-
4 dence status under this section shall not preclude the
5 alien from seeking such a status under any other provi-
6 sion of law for which the alien may be eligible.
7 (j) LIMITING APPLICATION OF PUBLIC LAW 89-732.-
8 The first section of Public Law 89-732 shall not apply to any
9 alien who is first inspected and admitted or paroled into the
10 United States after the date of the enactment of this Act.
11 SEC. 203. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS.
12 (a) AUTHORIZATION OF APPROPRIATIONS.-There are
13 authorized to be appropriated to make payments to States
14 (and for related Federal administration costs) under this sec-
15 tion $600,000,000 for each of three fiscal years, beginning
16 with the fiscal year in which the application period (described
17 in section 202(a)(1)(A)) ends.
18 (b) CAPPED ENTITLEMENT.-(1) The Secretary of
19 Health and Human Services (hereinafter in this section re-
20 ferred to as the "Secretary") shall provide, in accordance
21 with this section and from the allotment for that State deter-
22 mined under paragraph (2), for payment to each of the States
23 with an application approved under this section for reim-
24 bursement of the costs-
is
?
?
as 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
89
1 (A) of public programs of assistance provided with
2 respect to eligible legalized aliens, and
3 (B) for the imprisonment of aliens who are in the
4 United States unlawfully and-
5 (i) whose most recent entry into the United
6 States was without inspection, or
7 (ii) whose most recent admission to the
8 United States was as a nonimmigrant but-
9 (I) whose period of authorized stay as a
10 nonimmigrant expired, or
11 (I1) whose unlawful status was known
12 to the Government,
? 13 before the date of the commission of the crime for
14 which the imprisonment was imposed.
15 (2)(A) The Secretary shall establish a formula for deter-
16 mining the amount of the allotment to each State under this
17 section for each fiscal year. Such formula shall, subject to
18 subparagraph (B), take into account-
19 (i) the number of eligible legalized aliens (as de-
20 fined in subsection (i)(3)) residing in the State in that
21 fiscal year,
22 (ii) the ratio of the number of eligible legalized
23 aliens in the State to the total number of residents of
24 that State and to the total number of such aliens in all
25 the States in that fiscal year,
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
90
1 (iii) the amount of expenditures the State is likely
2 to incur in that fiscal year in providing assistance for
3 eligible legalized aliens under programs of public assist-
4 ance (as defined in subsection (i)(2)), and
5 (iv) the ratio of the amount of expenditures re-
6 ferred to in clause (iii) in the State to the total amount
7 of such expenditures in all of the States,
8 in a manner that provides for an equitable and balanced dis-
9 tribution of funds among the States.
10 (B)(i) The total of the allotments to States under this
11 section is equal to $600,000,000 for each of the three fiscal
12 years described in subsection (a).
13 (ii) To the extent that all the funds appropriated under
14 this section for a fiscal year are not otherwise allotted to
15 States either because all the States have not qualified for
16 such allotments under this section for the fiscal year or be-
17 cause some States have indicated in their description of ac-
18 tivities that they do not intend to use the full amount of such
19 allotments in that fiscal year and the succeeding fiscal year,
20 such excess shall he allotted among the remaining States in
21 proportion to the amount otherwise allotted to such States
22 for the fiscal year without regard to this clause.
23 (2) In determining the number of eligible legalized aliens
24 for purposes of paragraph (1)(A), the Secretary may estimate
?
?
0
as 12nn is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
91
? 1 such number on the basis of such data as he may deem ap-
2 propriate.
?
?
3 (3) For each fiscal year the Secretary shall make pay-
4 meats, as provided by section 203 of the Intergovernmental
5 Cooperation Act of 1968 (42 L.S.C. 4213), to each State
6 from its allotment under this subsection. Any amount paid to
7 a State for a fiscal year and remaining unobligated at the end
8 of such year shall remain available for the next fiscal year to
9 such State for the purposes for which it was made.
10 (c) STATEMENTS AND ASSURANCES.-(1) No State is
11 eligible for payment under this section unless the State-
12 (A) has filed with, and had approved by, the Sec-
13 retary an application containing such information, in-
14 cluding the information described in paragraph (2) and
1.5 criteria for and administrative methods of disbursing
16 funds received under this section, as the Secretary de-
17 termines to be necessary to carry out this section, and
18 (B) transmits to the Secretary a statement of as-
19 surances that certifies that (i) funds allotted to the
20 State under this section will only be used to carry out
21 the purposes described in subsection (d), (ii) the State
22 will provide a fair method (as determined by the State)
23 for the allocation of funds among State and local agen-
24 Gies in accordance with subsection (d)(2), and (iii) fiscal
25 control and fund accounting procedures will be estab-
 92
1 lished that are adequate to meet the requirements of
2 subsections (e) and (f).
3 (2) The application of each State under this section for
4 each fiscal year must include detailed information on-
5 (A) the number of eligible legalized aliens residing
6 in the State, and
7 (B) the costs (excluding any such costs otherwise
8 paid from Federal funds) which the State and each lo-
9 cality is likely to incur for programs of public assist-
10 ance and for imprisonment costs described in subsec-
11 tion (b)(1)(B).
12 (d) USE OF FUNDS.-A State may use amounts paid to
13 it under this section only-
14 (1) for the purpose of providing assistance with
15 respect to eligible legalized aliens under programs of
16 public assistance and under programs of public health
17 assistance, but only to the extent such assistance is
18 otherwise available under such programs to citizens re-
19 siding in the State, and
20 (2) for the purpose of paying for costs incurred by
21 the State for the imprisonment of aliens described in
22 subsection (b)(1)(B).
23 (e) REPORTS AND AUDITS.-(1)(A) Each State shall
24 prepare and submit to the Secretary annual reports on its
25 activities under this section. In order to properly evaluate
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
1 and to compare the performance of different States assisted
2 under this section and to assure the proper expenditure of
3 funds under this section, such reports shall be in such form
4 and contain such information as the Secretary determines
5 (after consultation with the States and the Comptroller Gen-
6 eral) to he necessary-
7 (i) to secure an accurate description of those ac-
8 tivities,
9 (ii) to secure a complete record of the purposes for
10 which funds were spent, of the recipients of such funds,
11 and of the progress made toward achieving the pur-
12 poses of this section, and
13 (iii) to determine the extent to which funds were
14 expended consistent with subsection (d).
15 Copies of the report shall be provided, upon request, to any
16 interested public agency, and each such agency may provide
17 its views on these reports to the Congress.
18 (B) The Secretary shall annually report to the Congress
19 on activities funded under this section and shall provide for
20 transmittal of a copy of such report to each State.
21 (2)(A) Each State shall, not less often than once every
22 two years, audit its expenditures from amounts received
23 under this section. Such State audits shall be conducted by
? 24 an entity independent of the State agency administering a
25 program funded under this section in accordance with the
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 94
1 Comptroller General's standards for auditing governmental
2 organizations, programs, activities, and functions and gener-
3 ally accepted auditing standards. Within 30 days following
4 the completion of each audit report, the State shall submit a
5 copy of that audit report to the Secretary.
6 (B) Each State shall repay to the United States amounts
7 found by the Secretary, after notice and opportunity for a
8 hearing to the State, not to have been expended in accord-
9 ance with this section and, if such repayment is not made, the
10 Secretary may offset such amounts against the amount of any
11 allotment to which the State is or may become entitled under
12 this section or may otherwise recover such amounts.
13 (C) The Secretary may, after notice and opportunity for
14 a hearing, withhold payment of funds to any State which is
15 not using its allotment under this section in accordance with
16 this section. The Secretary may withhold such funds until the
17 Secretary finds that the reason for the withholding has been
18 removed and there is reasonable assurance that it will not
19 recur.
20 (3) The State shall make copies of the reports and audits
21 required by this subsection available for public inspection
22 within the State.
23 (4)(A) For the purpose of evaluating and reviewing the
24 assistance provided under this section, the Secretary and the
25 Comptroller General shall have access to any books, ac-
?
?
?
 ?
?
8 records to comply with subparagraph (A).
9 (f) CRIMINAL PENALTIES FOR FALSE STATEMENTS.-
10 Whoever-
11 (1) knowingly and willfully makes or causes to be
12 made any false statement or misrepresentation of a ma-
13 terial fact in connection with the furnishing of items or
14 services for which payment may be made by a State
15 from funds allotted to the State under this section, or
16 (2) having knowledge of the occurrence of any
17 event affecting his initial or continued right to any
18 such payment conceals or fails to disclose such event
19 with an intent fraudulently to secure such payment
20 either in a greater amount than is due or when no such
21 payment is authorized,
95
counts, records, correspondence, or other documents that are
related to such assistance, and that are in the possession,
custody, or control of States, political subdivisions thereof, or
any of their grantees.
(B) In conjunction with an evaluation or review under
subparagraph (A), no State or political subdivision thereof (or
grantee of either) shall be required to create or prepare new
?
shall be fined, imprisoned for not more than five years, or
23 both.
24 (g) ANTI-DISCRIMINATION PROVISION.-(1)L) For the
25 purpose of applying the prohibitions against discrimination on
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 96
1 the basis of age under the Age Discrimination Act of 1975,
2 on the basis of handicap under section 504 of the Rehabilita-
3 tion Act of 1973, on the basis of sex under title IX of the
4 Education Amendments of 1972, or on the basis of race,
5 color, or national origin under title VI of the Civil Rights Act
6 of 1964, programs and activities funded in whole or in part
7 with funds made available under this section are considered
8 to be programs and activities receiving Federal financial as-
9 sistance.
10 (B) No person shall on the ground of sex or religion be
11 excluded from participation in, be denied the benefits of, or be
12 subjected to discrimination under, any program or activity
13 funded in whole or in part with funds made available under
14 this section.
13 (2) Whenever the Secretary finds that a State, locality,
16 or local educational agency which has been provided payment
17 from an allotment under this section has failed to comply
18 with a provision of law referred to in paragraph (1)(A), with
19 paragraph (1)(B), or with an applicable regulation (including
20 one prescribed to carry out paragraph (1)(B)), he shall notify
21 the chief executive officer of the State and shall request him
22 to secure compliance. If within a reasonable period of time,
23 not to exceed 60 days, the chief executive officer fails or
24 refuses to secure compliance, the Secretary may-
0
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
97
1 (A) refer the matter to the Attorney General with
2 a recommendation that an appropriate civil action be
3 instituted,
4 (B) exercise the powers and functions provided by
5 title VI of the Civil Rights act of 1964, the Age Dis-
6 crimination Act of 1975, or section 504 of the Reha-
7 bilitation Act of 1973, as may be applicable, or
8 (C) take such other action as may be provided by
9 law.
10 (3) When a matter is referred to the Attorney General
11 pursuant to paragraph (2)(A), or whenever he has reason to
12 believe that the entity is engaged in a pattern or practice in
13 violation of a provision of law referred to in paragraph (1)(A)
14 or in violation of paragraph (1)(B), the Attorney General may
15 bring a civil action in any appropriate district court of the
16 United States for such relief as may be appropriate, including
17 injunctive relief.
18 (h) CONSULTATION WITH STATE AND LOCAL OFFI-
19 CIALS.-In establishing regulations and guidelines to carry
20 out this section, the Secretary shall consult with representa-
21 tives of State and local governments.
22 (i) DEFINITIONS.-For purposes of this section:
23 (1) The term "State" has the meaning given such
24 term in section 101(a)(36) of the Immigration and -Na-
23 tionality Act.
C i )nn TO,_ _7
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 98
1 (2) The term "programs of public assistance"
2 means programs in a State or local jurisdiction
3 which-
4 (A) provide for cash, medical, or other assist-
5 ance (as defined by the Secretary) designed to
6 meet the basic subsistence or health needs of indi-
7 yiduals or required in the interest of public health,
8 (B) are generally available to needy individ-
9 uals residing in the State or locality, and
10 (C) receive funding from units of State or
11 local government.
12 (3) The term "eligible legalized alien" means an
13 alien who has been granted lawful resident status
14 under section 202(a), but only until the end of the six-
15 year period beginning on the date the alien was grant-
16 ed such status.
17 TITLE III-OTHER CHANGES IN THE
18 IMMIGRATION LAW
19 SEC. 301. CHANGE IN COLONIAL QUOTA.
20 (a) INCREASE TO 3,000.-(1) Section 202(c) (8 U.S.C.
21 1152(c)) is amended by striking out "six hundred" and insert-
22 ing in lieu thereof "3,000".
23 (2) Section 202(e) (8 U.S.C. 1152(e)) is amended by
24 striking out "600" and inserting in lieu thereof "3,000".
?
?
?
s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 ?
?
?
99
1 (b) EFFECTIVE DATE.-The amendments made by sub-
2 section (a) shall apply to fiscal years beginning after the date
3 of the enactment of this Act.
4 SEC. 302. VISA WAIVER PILOT PROGRAM FOR CERTAIN
5 VISITORS.
6 (a) ESTABLISHING VISA WAIVER PILOT PROGRAM.-
Chapter 2 of title II is amended by adding after section 216
8 (added by section 122(c) of this Act) the following new
9 section:
10 "VISA WAIVER PILOT PROGRAM FOR CERTAIN VISITORS
11 "SEC. 217. (a) ESTABLISHMENT OF PILOT
12 PROGRAM.-The Attorney General and the Secretary of
13 State are authorized to establish a pilot program (hereafter in
14 this section referred to as the `pilot program') under which
15 the requirement of paragraph (26)(B) of section 212(a) may
16 be waived by the Attorney General and the Secretary of
17 State, acting jointly and in accordance with this section, in
18 the case of an alien who meets the following requirements:
19 "(1) SEEKING ENTRY AS TOURIST FOR LESS
20 THAN 90 DAYS.-The alien is applying for admission
21 during the pilot program period (as defined in subset-
22 tion (e)) as a nonimmigrant visitor (described in section
23 101(a)(15)(B)) for a period not exceeding 90 days.
24 "(2) NATIONAL OF PILOT PROGRAM COUNTRY.-
25 The alien is a national of a country which-
 100
1 "(A) extends (or agrees to extend) reciprocal
2 privileges to citizens and nationals of the United
3 States, and
4 "(B) is designated as a pilot program country
5 under subsection (c).
6 "(3) EXECUTES ENTRY CONTROL AND WAIVER
7 FORMS.-The alien before the time of such admis-
8 sion-
9 "(A) completes such immigration form as the
10 Attorney General shall establish under subsection
11 (b)(3), and
12 "(B) executes a waiver of review and appeal
13 described in subsection (b)(4).
14 "(4) ROUND-TRIP TICKET.-The alien has a
13 round-trip, nonrefundable, nontransferable, open-dated
16 transportation ticket which-
17 "(A) is issued by a carrier which has entered
18 into an agreement described in subsection (d), and
19 "(B) guarantees transport of the alien out of
20 the United States at the end of the alien's visit.
21 "(5) NOT A SAFETY THREAT.-The alien has
22 been determined not to represent a threat to the wel-
23 fare, health, safety, or security of the United States.
24 "(6) No PREVIOUS VIOLATION.-If the alien pre-
25 viously was admitted without a visa under this section,
?
?
?
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 101
1 the alien must not have failed to comply with the con-
2 ditions of any previous admission as such a nonimmi-
3 grant.
4 "(b) CONDITIONS BEFORE PILOT PROGRAM CAN BE
5 PUT INTO OPERATION.-
6 "(1) PRIOR NOTICE TO CONGRESS.-The pilot
7 program may not be put into operation until the end of
?
?
the 30-day period beginning on the date that the At-
torney General submits to the Congress a certification
that the screening and monitoring system described in
paragraph (2) is operational and effective and that the
12 form described in paragraph (3) has been produced.
13 "(2) AUTOMATED DATA ARRIVAL AND DEPAR-
14 TURE SYSTEM.-The Attorney General in cooperation
15 with the Secretary of State shall develop and establish
16 an automated data arrival and departure control
17 system to screen and monitor the arrival into and de-
18 parture from the United States of nonimmigrant visi-
19 tors receiving a visa waiver under the pilot program.
20 "(3) VISA WAIVER INFORMATION FORM.-The
21 Attorney General shall develop a form for use under
22 the pilot program. Such form shall be consistent and
23 compatible with the control system developed under
24 paragraph (2). Such form shall provide for, among
25 other items-
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 2 for excluding nonimmigrant visitors from the
3 United States under section 212(a) and under the
4 pilot program,
6 with a waiver under the pilot program, including
7 the limitation of such entry to 90 days and the
8 consequences of failure to abide by such condi-
9 tions, and
10 "(C) questions for the alien to answer con-
11 cerning any previous denial of the alien's applica-
12 tion for a visa.
13 "(4) WAIVER OF RIGHTS.-can alien may not be
14 provided a waiver under the pilot program unless the
15 alien has waived any right-
"(A) to review or appeal under this Act of
17 an immigration officer's determination as to the
18 admissibility of the alien at the port of entry into
19 the United States or
20 "(B) to contest, other than on the basis of an
21 application for asylum, any action for deportation
22 against the alien.
23 "(c) DESIGNATION OF PILOT PROGRAM COrN-
24 TRIES.-
0
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
103
1 "(1) UP TO 8 COUNTRIES.-The Attorney Gener-
2 al and the Secretary of State acting jointly may desig-
3 nate up to eight countries as pilot program countries
4 for purposes of the pilot program.
5 "(2) INITIAL QUALIFICATIONS.-For the initial
6 period described in paragraph (4), a country may not
7 be designated as a pilot program country unless the
8 following requirements are met:
9 "(A) LOW NONl]I3IIGRANT VISA REFUSAL
10 RATE FOR PREVIOUS 2-YEAR PERIOD.-The av-
11 erage number of refusals of nonimmigrant visitor
12 visas for nationals of that country during the two
13 previous full fiscal years was less than 2.0 percent
14 of the total number of nonimmigrant visitor visas
15 for nationals of that country which were granted
16 or refused during those years.
17 "(B) Low I11-IIGRANT VISA REFUSAL RATE
18 FOR EACH OF 2 PREVIOUS YEARS.- The aver-
19 age number of refusals of nonimmigrant visitor
20 visas for nationals of that country during either of
21 such two previous full fiscal years was less than
O9 2.5 percent of the total number of nonimmigrant
23 visitor visas for nationals of that country which
24 were granted or refused during that year.
0
 104
1 "(3) CONTINUING AND SUBSEQUENT QUALIFICA-
2 TIONS.-For each fiscal year (within the pilot program
3 period) after the initial period-
4 "(A) CONTINUING QUALIFICATION.-In the
5 case of a country which was a pilot program
6 country in the previous fiscal year, a country may
7 not be designated as a pilot program country
8 unless the sum of-
9 "(i) the total of the number of nationals
10 of that country who were excluded from ad-
11 mission or withdrew their application for ad-
12 mission during such previous fiscal year as a
13 nonimmigrant visitor, and
14 "(ii) the total number of nationals of
15 that country who were admitted as nonimmi-
16 grant visitors during such previous fiscal
17 year and who violated the terms of such
18 admission,
19 was less than 2 percent of the total number of na-
20 tionals of that country who applied for admission
21 as nonimmigrant visitors during such previous
22 fiscal year.
23 "(B) NEW COUNTRIES.-In the case of an-
24 other country, the country may not be designated
?
?
 ?
105
1 as a pilot program country unless the following
requirements are met:
"(i) LOW NONIMMIGRANT VISA REFUS-
4 AL RATE IN PREVIOUS 2-YEAR PERIOD.-
3 The average number of refusals of nonimmi-
?
?
i try during the two previous full fiscal years
grant visitor visas for nationals of that coun-
9 of nonimmigrant visitor visas for nationals of
10 that country which were granted or refused
11 during those years.
was less than 2 percent of the total number
"(ii) Low NONIMMIGRANT VISA REFUS-
AL RATE IN EACH OF THE 2 PREVIOUS
14 YEARS.-The average number of refusals of
15 nonimmigrant visitor visas for nationals of
16 that country during either of such two previ-
1 ous full fiscal years was less than 3.5 per-
18 cent of the total number of nonimmigrant
19 visitor visas for nationals of that country
20 which were granted or refused during that
23 graphs (2) and (3), the term `initial period' means the
24 period beginning at the end of the 30-day period de-
25 scribed in subsection (b)(1) and ending on the last day
year.
"(4) INITIAL PERIOD.-For purposes of para-
 106
1 of the first fiscal Year which begins after such 30-day
2 period.
3 "(d) CARRIER AGREEbIENTS.-
4 "(1) IN GENERAL.-The agreement referred to in
subsection (a)(4)(A) is an agreement between a
and the Attorney General under which the
agrees, in consideration of the waiver of the visa re-
quirement with respect to a nonimmigrant visitor under
the pilot program-
"(A) to indemnify the United States against
11 any costs for the transportation of the alien from
12 the United States if the visitor is refused admis-
13 sion to the United States or remains in the United
14 States unlawfully after the 90-day period de-
15 scribed in subsection (a)(1)(A), and
16 "(B) to submit daily to immigration officers
17 any immigration forms received with respect to
18 nonimmigrant visitors provided a waiver under
19 the pilot program.
20 "(2) TERMINATION OF AGREEMENTS.-The At-
21 torney General may terminate an agreement under
paragraph (1) with five days' notice to the carrier for
23 the carrier's failure to meet the terms of such agree-
24 ment.
?
?
?
-C HM IQ
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
107
"(e) DEFINITION OF PILOT PROGRAM PERIOD.-For
purposes of this section, the term `pilot program period'
means the period beginning at the end of the 30-day period
referred to in subsection (b)(1) and ending on the last day of
the third fiscal year which begins after such 30-day period.".
(b) LIMITATION ON STAY IN UNITED STATES.-Sec-
tion 214(a) (8 U.S.C. 1184(a)) is amended by adding at the
end the following new sentence: "No alien admitted to the
United States without a visa pursuant to section 217 may be
authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of
admission.".
?
13 (C) PROHIBITION OF ADJUSTMENT TO IMMIGRANT
14 STATUS.-Section 245(c) (8 U.S.C. 1255(c)), as amended by
15 sections 113(a) and 122(e)(1) of this Act, is further amended
16 by adding at the end the following new paragraph:
17 "(5) An alien (other than an immediate relative specified
18 in section 201(b)) who was admitted as a nonimmigrant visi-
19 tor without a visa under section 2120) or section 217.".
20 (d) PROHIBITION OF ADJUSTMENT OF NONIMMIGRANT
21 STATUS.-Section 248 (8 U.S.C. 1258) is amended by strik-
22 ing out "and" at the end of paragraph (2), by striking out the
23 period at the end of paragraph (3) and inserting in lieu there-
24 of ", and" and by adding at the end thereof the following
?S 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 108
1 "(4) an alien admitted as a nonimmigrant visitor
2 without a visa under section 212(1) or section 217.".
3 (e) CONFORMING AMENDMENT TO TABLE OF CON-
4 TENTS.-The table of contents is amended by adding after
5 the item relating to section 216 (added by section 122(f) of
6 this Act) the following new item:
"Sec. 217. Visa waiver pilot program for certain visitors.".
7 SEC. 303. G-4 SPECIAL IMMIGRANTS.
8 (a) SPECIAL IMMIGRANT STATUS FOR CERTAIN OFFI-
9 CERS AND EMPLOYEES OF INTERNATIONAL ORGANIZA-
10 TIONS AND THEIR IMMEDIATE FAMILY MEMBERS.-Sec-
11 tion 101(a)(27) (8 L.S.C. 1101(a)(27)) is amended by striking
12 out "or" at the end of subparagraph (G), by striking out the
13 period at the end of subparagraph (H) and inserting in lieu
14 thereof "; or", and by adding at the end of the following new
15 subparagraph:
16 "(I)0) an immigrant who is the unmarried son or
17 daughter of an officer or employee, or of a former offi-
18 cer or employee, of an international organization de-
19 scribed in paragraph (13)(G)(i), and who (I) while
20 maintaining the status of a nonimmigrant under para-
21 graph (13)(G)(iv) or paragraph (15)(0), has resided and
22 been physically present in the United States for periods
23 totaling at least one half of the seven years before the
24 date of application for a visa or for adjustment of
25 status to a status under this subparagraph and for a
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
109
1 period or periods aggregating at least seven years be-
2 tween the ages of five and 21 years, and (II) applies
3 for admission under this subparagraph no later than his
4 twenty-fifth birthday or six months after the date this
5 subparagraph is enacted, whichever is later;
6 "(ii) an immigrant who is the surviving spouse of
7 a deceased officer or employee of such an international
8 organization, and who (I) while maintaining the status
9 of a nonimmigrant under paragraph (15)(G)(iv) or para-
10 graph (15)(0), has resided and been physically present
11 in the United States for periods totaling at least one
12 half of the seven years before the date of application
? 13 for a visa or for adjustment of status to a status under
14 this subparagraph and for a period or periods aggregat-
15 ing at least 15 years before the date of the death of
16 such officer or employee, and (II) applies for admission
17 under this subparagraph no later than six months after
18 the date of such death or six months after the date this
19 subparagraph is enacted, whichever is later:
20 "(iii) an immigrant who is a retired officer or em-
21 ployee of such an international organization, and who
(I) while maintaining the status of a nonimmigrant
23 under paragraph (15)(G)(iv), has resided and been
24 physically present in the United States for periods to-
25 taling at least one half of the seven years before the
_f IInn If
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 110
1 date of application for a visa or for adjustment of
2 status to a status under this subparagraph and for a
3 period or periods aggregating at least 15 years before
4 the date of the officer or employee's retirement from
5 any such international organization, and (II) applies for
6 admission under this subparagraph before January 1,
7 1993, and no later than six months after the date of
8 such retirement or six months after the date this sub-
9 paragraph is enacted, whichever is later; or
10 "(iv) an immigrant who is the spouse of a retired
11 officer or employee accorded the status of special immi-
12 grant under clause (iii), accompanying or following to
13 join such retired officer or employee as a member of
14 his immediate family.".
15 (b) NONIMMIGRANT STATUS FOR CERTAIN PARENTS
16 AND CHILDREN OF ALIENS GIVEN SPECIAL IMMIGRANT
17 STATUS.-Section 101(a)(15) (8 U.S.C. 1101(a)(15)), as
18 amended by section 122(a) of this Act, is further amended by
19 striking out "or" at the end of subparagraph (M), by striking
20 out the period at the end of subparagraph (N) and inserting in
21 lieu thereof "; or", and by adding at the end the following
22 new paragraph:
23 "(0)(i) the parent of an alien accorded the status
24 of special immigrant under paragraph (2 7)(I)(i), but
25 only if and while the alien is a child, or
is
?
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
111
"(ii) a child of such parent or of an alien accorded
the status of a special immigrant under paragraph
(27)(I) (ii), (iii), or (iv).".
TITLE IV-REPORTS
SEC. 401. TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRA-
TION.
(a) TRIENNIAL REPORT.-The President shall transmit
?
8 to the Congress, not later than January 1, 1987, and not
9 later than January 1 of every third year thereafter, a com-
10 prehensive immigration-impact report.
11 (b) DETAILS IN EACH REPORT.-Each report shall
12 include-
13 (1) the number and classification of aliens admit-
14 ted (whether as immediate relatives, special immi-
15 grants, refugees, or under the preferences classifica-
16 tions, or as nonimmigrants), paroled, or granted
17 asylum, during the relevant period;
18 (2) a reasonable estimate of the number of aliens
19 who entered the United States during the period with-
20 out visas or who became deportable during the period
21 under section 241; and
(3) a description of the impact of admissions and
23 other entries of immigrants, refugees, asylees, and pa-
24 rolees into the United States during the period on the
25 economy, labor and housing markets, the educational
?s 1200 Is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 system, social services, foreign policy, environmental
quality and resources, and the population growth
of the United States.
(c) HISTORY AND PROJECTIONS.-The information (re-
ferred to in subsection (b)) contained in each report shall be-
(1) described for the preceding three-year period,
(2) projected for the succeeding five-year period,
based on reasonable estimates substantiated by the best
available evidence.
(d) RECOMMENDATIONS.-The President also may in-
clude in such report any appropriate recommendations on
changes in numerical limitations or other policies under title
II of the Immigration and Nationality Act bearing on the
admission and entry of such aliens to the United States.
SEC. 402. REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT
AND DISCRIMINATION IN EMPLOYMENT.
(a) PRESIDENTIAL REPORTS.-The President shall
transmit to Congress annual reports on the implementation of
section 274A of the Immigration and Nationality Act (relat-
ing to unlawful employment of aliens) during the first five
years after its implementation. Each report shall include-
(1) an analysis of the adequacy of the employment
verification system provided under subsection (b) of
?
?
?
 ?
113
1 (2) the status of the development and implementa-
2 tion of changes in that system under subsection (c) of
3 that section, including the results of any demonstration
4 projects conducted under paragraph (4) of such subsec-
5 tion; and
6 (3) the impact of the enforcement of that section
7 on-
8 (A) the employment, wages, and working
9 conditions of United States workers and on the
10 economy of the United States,
11 (B) the number of aliens entering the United
12 States illegally or who fail to maintain legal
13 status after entry, and
?
14 (C) the violation of terms and conditions of
15 nonimmigrant visas by foreign visitors.
16 (b) GAO REPORTS.-(1) Beginning one year after the
17 date of enactment of this Act, and at intervals of one year
18 thereafter for a period of five years after such date, the
19 Comptroller General of the United States shall prepare and
20 transmit to the Congress and to the taskforce established
21 under subsection (c) a report describing the results of a
22 review of the implementation and enforcement of section
23 274A of the Immigration and Nationality Act during the pre-
24 ceding twelve-month period, for the purpose of determining
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 114
1 (A) such provisions have been carried out satisfac-
2 torily;
3 (B) a pattern of discrimination has resulted
4 against citizens or nationals of the United States or
5 against eligible workers seeking employment; and
6 (C) an unnecessary regulatory burden has been
7 created for employers hiring such workers.
8 (2) In each report, the Comptroller General shall make
9 a specific determination as to whether the implementation of
10 that section has resulted in a pattern of discrimination in em-
11 ployment (against other than unauthorized aliens) on the
12 basis of national origin.
13 (3) If the Comptroller General has determined that such
14 a pattern of discrimination has resulted, the report-
15 (A) shall include a description of the scope of that
16 discrimination, and
17 (B) may include recommendations for such legisla-
18 tion as may be appropriate to deter or remedy such
19 discrimination.
20 (c) REVIEW By TASKFORCE.-(1) The Attorney Gener-
21 al, jointly with the Chairman of the Civil Rights Commission
22 and the Chairman of the Equal Employment Opportunity
23 Commission, shall establish a taskforce to review each report
24 of the Comptroller General transmitted under subsection
25 (b)(1).
?
?
?
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
?
?
?
16 monitor the pilot program established under section 217 of
20 (b) DETAILS IN REPORT.-The report shall include-
21 (1) an evaluation of the program, including its
115
(2) If the report transmitted includes a determination
that the implementation of section 274A of the Immigration
and Nationality Act has resulted in a pattern of discrimina-
tion in employment (against other than unauthorized aliens)
on the basis of national origin, the taskforce shall, taking into
consideration any recommendations in the report, report to
Congress recommendations for such legislation as may be ap-
propriate to deter or remedy such discrimination.
(3) The Committees on the Judiciary of the House of
Representatives and of the Senate shall hold hearings re-
specting any report of the taskforce under paragraph (2)
within 60 days after the date of receipt of the report.
SEC. 403. REPORT ON VISA WAIVER PILOT PROGRAM.
(a) MONITORING AND REPORT PILOT PROGRAM.-The
Attorney General and the Secretary of State shall jointly
the Immigration and Nationality Act and shall report to the
Congress not later than
program.
two years after the beginning of the
impact-
?s 1200 IS
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
 116
1 (B) on consular operations in the countries
2 designated under the program, as well as on con-
3 sular operations in other countries in which addi-
4 tional consular personnel have been relocated as a
5 result of the implementation of the program, and
6 (C) on the United States tourism industry;
7 and
8 (2) recommendations-
9 (A) on extending the pilot program period,
10 and
11 (B) on increasing the number of countries
12 that may be designated under the program.
13 SEC. 404. PRESIDENTIAL REPORTS ON ANY LEGALIZATION
14 PROGRAM.
15 (a) IN GENERAL.-The President shall transmit to Con-
16 gress two reports after the legalization program has been es-
17 tablished under section 202 of this Act.
18 (b) INITIAL REPORT ON LEGALIZED ALIENS.-The
19 first report, which shall be transmitted not later than 18
20 months after the end of the application period for adjustment
21 to lawful temporary residence status under the program, shall
2`2 include a description of the population whose status is legal-
23 ized under the program, including-
24 (1) geographical origins and manner of entry of
25 these aliens into the United States,
?
is
?
 Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0
117
1 (2) their demographic characteristics, and
2 (3) a general profile and characteristics of the
3 population legalized under the program.
4 (C) SECOND REPORT ON IMPACT OF LEGALIZATION
5 PROGRAM.-The second report, which shall be transmitted
6 not later than three years after the date of transmittal of the
7 first report, shall include-
s (1) the impact of the program on State and local
9 governments and on public health and medical needs of
10 individuals in the different regions of the United States,
11 (2) the patterns of employment of the legalized
12 population, and
13 (3) the participation of legalized aliens in social
14 service programs.
?
?s 1200 is
Sanitized Copy Approved for Release 2009/12/02 : CIA-RDP87M00539R002303800003-0