COMPREHENSIVE IMMIGRATION REFORM LEGISLATION: CONGRESSIONAL PASSAGE OF CONFERENCE VERSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000901130014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 27, 2016
• Document Release Date: December 10, 2010
• Sequence Number: 14
• Publication Date: October 17, 1986
• Content Type: MEMO

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MEMORANDUM FOR:
FROM:
FPS/DDO
IMS/DDO
AA/OSD/OGC
PCS/DDO
.00??????11111111111101~1.16
17 October 1986
OCA 86-3518
Legislation Division
Office of Congressional Affairs
STAT
STAT
STAT
SUBJECT: Comprehensive Immigration Reform Legislation:
Congressional Passage of Conference Version
1. The House and Senate Conferees on S. 1200, the
comprehensive immigration reform legislation, met and agreed to
a conference report, H. Rept. No. 99-1000. The conference
version of the legislation is, in effect, the bill as passed by
the House with some Senate changes. A copy is attached.
2. The House passed the measure on October 15, 1986, and
the Senate on October 16. The measure will now be sent to the
President who is expected to sign it into law, despite some
last-minute objections by the Department of Justice.
3. There were, you will recall, four items of interest to
the Agency in this legislation: Attorney General authority to
authorize employment of aliens in connection with the criminal
penalties for the employment of illegal aliens; exemption for
United States government agencies and contractors to the
requirement of nondiscrimination against those persons striving
for but yet to attain citizenship; the length of the "start-up"
period for the legalization/amnesty program; and the duration
of that program.
4. Attorney General Authorization of Employment. Section
101 (a) of the conference report grants the Attorney General
the authority to authorize employment by adding to the
Immigration and Nationality Act (INA) a new section, Section
274A (h) (3), which contains that authority.
5. Nondiscrimination Exception Retained. Section 102 of
the conference version retains the exception for government
agencies and contractors to the prohibition on citizenship
discrimination by adding to the INA a new section, Section 274B
(a) (2) (C), which contains that exception.
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6. Opening Date and Size of "Legalization" Window. You
will recall that the original, Senate-passed version of this
legislation contained a rather complex scheme for initiating
the legalization/amnesty process which hinged on the making of
a finding by a national commission. The House-passed version
of the legislation had a simpler approach: an eighteen (18)
month program to start up no later than six (6) months after
enactment of the legislation.
7. As evidenced in Section 201 (a) of the bill (adding new
Section 245A (a) (1) (A) to the INA), the conferees adopted the
House approach with a slight modification: a twelve (12) month
"window" to "open" no later than six months after enactment of
the legislation. Assuming Presidential signature by the end of
October, this will mean, in effect, that the legalization
program must begin no later than April 1987.
8. Farmworker Provision. In Section 302 of the conference
report, the conferees adopted the House approach to the
farmerworker problem, with a Senate modification. This
approach allows for certain farmworkers to apply for permanent
resident alien status after a period of farm work in the United
States.
9. No Additional Funding For Non-INS Agency Processing.
The bill does not contain any additional funding for the costs
incurred by federal agencies, other than the Immigration and
Naturalization Service, in processing applicants under the
legalization program.
10. We will advise you when the President signs the
legislation into law.
Attachment:
as noted
Distribution:
Orig. - OCA/LEG Subject File: Immigration
1 - D/OCA
1 - DDL/OCA
1 - OCA Re istry
1 - OCA Signer
2
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CONGRESSIONAL RECORD - HOUSE October 14, 1986
Mr. WALKER. We must remember-
the gentleman is a historian by profes-
sion: but I do not remember Tammany
Hall filing suit in Federal court to pro-
tect its activities.
0 2045
As I recall, what we did at that time
In our history was, it was Tammany
Hall that ended up in court being pros-
ecuted as a result of their activities.
This is an interesting reversal in histo-
ry that we have taking place here.
Mr. GINGRICH. As you will remem-
ber, there is a famous definition of the
word "chutzpah" as a person who kills
both parents and then throws himself
on the mercy of the court on the
grounds of being an orphan.
I would say to you the machine poli-
tician cheerfully walking in to defend
the right of machines to vote people
who have died is a new example of
chutzpah. In fact, when you have, as
they did in Louisiana, a local Demo-
cratic elected judge, elected by the ma-
chine which was using the votes of
people who were dead, blocking an
effort to get those people off the rolls,
I think it is a new example of chutz-
pah.
What you have got here is a Demo-
cratic Party which in many parts of
America stays in power only by voting
people who do not exist. Either they
have moved away or they have died
and they are voted by the local ma-
chine.
Mr. WALKER Or they are a vacant
lot or they are an expressway.
Mr. GINGRICH. Well, one, I would
hope they are not originally forged
registrations, although, frankly, we
have no proof of that. And I will get to
that in just a minute. But let me quote
what Republican National Chairman
Prank Fahrenkopf said on October 7
in response to a Democratic attack,
and I think he was exactly right.
He said:
I am extremely disappointed that the
Democratic Party leadership has decided to
take the low road on the issue of the integri-
ty of our election system.
I think it would hardly be possible to state
the opposite of the truth with more preci-
sion than the Democrats have done today.
Their press conference accusing us of at-
tempting 'to intimidate minority voters is
nothing more than Democratic politics as
usual.
They took the same approach in 1984. A
very similar press conference was called and
almost identical charges were made. Yet
almost two years after the 1984 election, not
one shred of evidence has been presented to
Indicate that our efforts intimidated a
single voter.
Their charges are as false today as they
were two years ago. The program we have
put in place with the National Republican
Congressional Committee and the National
Republican Senatorial Committee is com-
pletely open and above board. We have in-
vited and continue to invite any interested
member of the media to come and see what
we have done and what we are doing.
Additionally, we will gladly join the
Democrats any place any time to eliminate
any voter intimidation or abuse. We ask
them, as we have in the past, to join us to
eliminate voter fraud.
Any attempt to threaten or intimidate any
voter is a reprehensible attack on the sanc-
tity of the vote. However, votes cast by de-
ceased or nonexistent individuals are also
reprehensible. Every time a vacant lot,
abandoned building, or a grave votes, the
civil rights of all Americans are in danger.
Mr. SCHUMER. Mr. Speaker, will
the gentleman yield?
Mr. GINGRICH. I yield to the gen-
tleman from New York.
CONFERENCE REPORT ON IMMI-
GRATION REFORM AND CON-
TROL ACT OF 1986
Mr. SCHUMER submitted the fol-
lowing conference report and state-
ment on the Senate bill (S. 1200) to
amend the Immigration and National-
ity Act to effectively control unau-
thorized immigration to the United
States, and for other purposes:
CONPTRENCE REPORT (R. REPT. 99-1000)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the House to the bill (S.
1200) to amend the Immigration and Na-
tionality Act to effectively control unau-
thorized immigration to the United States,
and for other purposes, having met, after
full and free conference, have agreed to rec-
ommend and do recommend to their respec-
tive Houses as follows:
That the Senate recede from its disagree-
ment to the amendment to the text of the
House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be in-
serted by the House amendment to the text
insert the following:
SECTION L MORT TITLX REFERENCES IN ACE
(a) &roar Trree.-This Act may be cited as
the "Immigration Reform and Control Act
of 1986".
(b) ANENT:wpm TO IMMIGRATION AND NA-
rioltairrY Acr.-Exeept as otherwise specifi-
cally provided in this Act, whenever in this
Act an amendment or repeal is expressed as
an amendment to, or repeal of, a provision,
the reference shall be deemed to be made to
the Immigration and Nationality Act.
TABLE OF CONTENTS
Sec. 1. Short title; references in Act.
TITLE I-CONTROL OF ILLEGAL
IMMIGRATION
PART A-EmPtorarrxr
Sec. 101. Control of unlawful employment
of aliens.
Sec. 102. Unfair immigration-related em-
ployment practices.
Sec. 103. Fraud and misuse of certain immi-
gration-related documents.
PART B-IMPROVEMENT OF ENFORCEMENT AND
SERVICES
Sec. 111. Authorization of appropriations
for enforcement and service ac-
tivities of the Immigration and
Naturalization Service.
Sec. 112. Unlawful transportation of aliens
to the United States.
Sec. 113. Immigration emergency fund.
Sec. 114. Liability of owners and operators
of international bridges and
toll roads to prevent the unau-
thorized landing of aliens.
Sec. 115. Enforcement of the immigration
laws of the United States.
Sec. 116. Restricting warrantless entry in
the case of outdoor agricultural
operations.
Sec. 117. Restrictions on adjustment of
status.
PART C-VERIFICA770N OF STATUS UNDER
CERTAIN PROGRAMS
Sec. 121. Verification of immigration status
of aliens applying for benefits
under certain programs.
TITLE II-LEGALIZATION
Sec. 201. Legalization of statue
Sec. 202. Cuban-Haitian adjustment.
Sec. 203. Updating registry date to January
1, 1972.
Sec. 204. State legalization impart-assist-
ance grants.
TITLE III-REFORM OF LEGAL
IMMIGRATION
PART A-TEMPORARY AGRICULTURAL WOREERS
Sec. 301. H-Li agricultural workers.
Sec. 302. Permanent residence for certain
special agricultural workers.
Sec. 303. Determinations of agricultural
labor shortages and admission
of additional special agricul-
tural workers.
Sec. 304. Commission on Agricultural
Workers.
Sec. 305. Eligibility of H-2 agricultural
workers for certain legal assist-
ance.
PART B-OTHER CHANGES IN THE IMMIGRATION
Law
Sec. 311. Change in colonial quota.
Sec. 312. G-IV special immigrants.
Sec. 313. Visa waiver pilot program for cer-
tain visitors.
Sec. 314. Making visas available for non-
preference immigrants.
Sec. 315. Miscellaneous provisions.
TITLE IV-REPORTS TO CONGRESS
Sec. 401. Triennial comprehensive report on
immigration.
Sec. 402. Reports on unauthorized alien em-
ployment.
Sec. 403. Reports on 11-2-A Program.
Sec. 404. Reports on legalization program.
Sec. 405. Report on visa waiver pilot pro-
gram.
Sec. 406. Report on Immigration and Natu-
ralization Service.
Sec. 407. Sense of the Congress.
TITLE V-STATE ASSISTANCE FOR IN-
CARCERATION COSTS OF ILLEGAL
ALIENS AND CERTAIN CUBAN NATION-
ALS
Sec. 501. Reimbursement of States for costs
of incarcerating illegal aliens
and certain Cuban nationals.
TITLE VI-COMMISSION FOR THE
STUDY OF INTERNATIONAL MIGRA-
TION AND COOPERATIVE ECONOMIC
DEVELOPMENT
Sec. 601. Commission for the Study of Inter-
national Migration and Coop-
erative Economic Develop-
ment.
TITLE VII-FEDERAL RESPONSIBILITY
FOR DEPORTABLE AND EXCLUDABLE
ALIENS CONVICTED OF CRIMES
Sec. 701. Expeditious deportation 0/convict-
ed aliens.
Sec. 702. Identificiation of facilities to in-
carcerate deportable or exclud-
able aliens.
TITLE I-CONTROL OF ILLEGAL
IMMIGRATION
PART A-Esucorstxxr
SEC NIL CONTROL oF UNLAWFVL EMPLOYMENT OF
ALIENS
(a) IN GENERAL-
(1) NEW PROVISION.-Chapter 8 of title II is
amended by inserting after section 274 (8
U.S.C. 1324) the following new section:
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October 14, 1986 CONGRESSIONAL RECORD ? HOUSE 11 10069
"UNLAWFUL EMPLOYMENT OF ALIENS
"Sir. 2744. (a) MARINO EMPLOYMENT or UN-
AUTHORIZED ALIENS UNLAWFUL.?
"(1) IN GENERAL-11 is unlawful for a
Person or other entity to hire, or to recruit
or refer for a fee, for employment in the
United States?
"(Al an alien knowing the alien is an un-
authorized alien las defined in subsection
(h1(3)) with respect to such employment, or
"(B) an individual without complying
with the requirements of subsection (b).
"(2) Corerznumo EMPLOYMENT?it is unlaw-
ful for a person or other entity, after hiring
an alien for employment in accordance with
paragraph (1), to continue to employ the
alien in the United States knowing the alien
I, (or has become) an unauthorized alien
with respect to such employment
"(31 DEFINSE.?A person or entity that es-
tablishes that it has complied in good faith
with the requirements of subsection (b) with
respect to the hiring, recruiting, or referral
for employment of an alien in the United
States has established an affirmative de-
fense that the person or entity has not vio-
lated paragraph (1)(A) with respect to such
hiring, recruiting, or referraL
"(4) Use or LaRosa THROUGH comaxecT?For
purposes of this section, a person or other
entity who uses a contract, subcontract, or
exchange, entered into, renegotiated, or ex-
tended after the date of the enactment of
this section, to obtain the labor of an alien
in the United States knowing that the alien
is an unauthorized alien (as defined in sub-
section (h)(3)) with respect to performing
such labor, shall be considered to have hired
the alien for employment in the United
States in violation of paragraph (DIA).
"151 USE OF STATE EMPLOYMENT AGENCY DOC-
UMENTATION.?For purposes of paragraphs
(MB) and (3), a person or entity shall be
deemed to have complied with the require-
ments of subsection (b) with respect to the
hiring of an individual who was referred for
such employment by a State employment
agency (as defined by the Attorney General),
if the person or entity has and retains (for
the period and In the manner described in
subsection (b)(3)1 appropriate documenta-
tion of such referral by that agency, which
documentation certifies that the agency has
complied with the procedures specified in
subsection (b) with respect to the individ-
ual's referral.
"(b) Itmetorstrarr VITUFICATION SyrrEm.?
The requirements referred to in paragraphs
(MB) and (3) of subsection (a) are, in the
case of a person or other entity hiring, re-
cruiting, or referring an individual for em-
ployment in the United States, the require-
ments specified in the following three para-
graphs:
"CD ATTESTATION APT= EXAMINATION OF
DOCUMENTATION.?
"(A) IN GENERAL?The person or entity
must attest, under penalty of perjury and on
a form designated or established by the At-
torney General by regulation, that it has
verified that the individual is not an unau-
thorized alien by examining?
"(i) a document described in subpara-
graph (B), or
"(ii) a document described in subpara-
graph (C) and a document described in sub-
paragraph (D).
A person or entity has complied with the re-
quirement of this paragraph with respect to
examination of a document if the document
reasonably appears on its face to be genuine.
If an individual provides a document or
combination of documents that reasonably
appears on its face to be genuine and that is
sufficient to meet the requirements of such
sentence, nothing in this paragraph shall be
construed as requiring the person or entity
to solicit the production of any other docu-
ment or as requiring the individual to
produce such a document.
"(B) Documr.Nrs En:amnion? Porn EM-
PLOYMENT AUTHORIZATION AND IDENTITY.?A
document described in this subparagraph is
an individual's?
"( United States passport:
"(ii) certificate of United States citizen-
ship;
"(iii) certificate of naturalization;
"(iv) unexpired foreign passport, if the
passport has an appropriate, unexpired en-
dorsement of the Attorney General authoriz-
ing the individual's employment in the
United States; or
"Iv) resident alien card or other alien reg-
istration card, if the card?
"(I) contains a photograph of the individ-
ual or such other personal identifying infor-
mation relating to the individual as the At-
torney General finds, by regulation, suffi-
cient for purposes of this subsection, and
"(II) is evidence of authorization of em-
ployment in Use United States.
"IC) Docusnurre senmoramo esusormsur
AUTWORIZATION.?A document described in
this subparagraph is an individual's?
"(i) social security account number card
(other than such a card which specifies on
Use face that the issuance of the card does
not authorize employment in the United
States);
"(ii) certificate of birth in the United
States or establishing United States nation-
ality at birth, which certificate the Attorney
General finds, by requisition, to be accepta-
ble for purposes of this section; or
"(iit) other documentation evidencing au-
thorization of employment in the United
States which the Attorney General finds, by
regulation, to be acceptable for leurPOsee Of
this section.
"(DI Documents seresmemnio sozrerTry or
nameroraz..?A document described in this
subparagraph is an individual/1?
"W driver's license or similar document
issued for the purpose of identification by a
State, if U contains a photograph of the in-
dividual or such other personal identVging
information relating to the individual as
the Attorney General fads, by regulation,
sufficient for purposes of this section; or
"(ii) in the ease of individstais under 16
years of age or in a State which does not
provide for issuance of an identification
document (other than a driver's license) re-
ferred to in clause nil, documentation of
personal identity of such other type as Use
Attorney General finds, by regulation, pro-
vides a reliable means of identification.
"(2) INDIVIDUAL ATTESTATION oe'PLOYMZNT
AUTHORTLATION.?The individual must attest,
under penalty of perjury on the form desig-
nated or established for purposes of para-
graph (I), that the individual is a citizen or
national of the United States, an alien law-
fully admitted for permanent residence, or
an alien who is authorised under this Act or
by the Attorney General to be hired, recruit-
ed, or referred for such employment.
"131 RETENTION or VEIHITCATTON PORN.?
After completion of such form in accordance
with paragraphs (1) and (2), the person or
entity must retain the form mid 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 referral of the individual and
ending?
"(A) in the case of the recruiting or refer-
ral for a fee (without hiring) of an individ-
ual, three years after the date of the recruit-
ing or referral, and
"(B) in the case of the hiring of an tridi-
vidual?
"Ii) three years after the date Of such
hiring, or
"(it) one year after the date the individ-
ual's employment is terminated,
whichever is later.
"kV COPYING OF DOCUMENTATION PERMIT-
TED.?Notwithstanding any other provision
of law, the person or entity may copy a doc-
ument 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.
"(5) LIMITATION ON USE OF ATTESTATION
ronm.?A form designated or established be
the Attorney General under this subsection
and any information contained in or ap-
pended 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) No AUTHORIZATION OP NATIONAL IDENTT-
FicAnom CARDS.?NOULifify 111 this section
shall be construed to authorize, directly or
indirectly, the issuance or use of national
identification cards or the establishment of
a national identification card.
"(di EVALUATION AND CHANGES IN EMPLOY-
MENT VERIFICATION SYSTEM.?
"(I) PRESIDENTIAL MONITORING AND IMPROVE-
MENTS IN SYSTEM.?
"(Al Mosirronnio.?The President shall
provide for the monitoring and evaluation
of the degree to which the employment veri-
fication system established under subsection
(b) provides a secure system to determine
employment eligibility in the United States
and shall examine the suitability of existing
Federal and State identification systems for
use for this purpose.
"(B) Damositmorrs TO ESTABLISH SECURE
Ere-rem?To the extent that the system estab-
lished under subsection (b) is found not to
be a secure system to determine employment
eligibility in the United States, the President
shall, subject to paragraph (3) and taking
into account the results of any demonstra-
tion projects conducted under paragraph
(4), implement such changes in (including
additions to) the requirements of subsection
(b) as may be necessary to establish a secure
system to determine employment eligibility
in the United States. Such &Awes in the
system may be implemented only if the
changes conform to the requirements of
paragraph (V.
"(2) RIESTRICTIOAT ON CHANGES iN SYSTEM.?
Any change the President proposes to imple-
ment under paragraph in the verifies,
tion system must be designed in a manner
so the verification system, as so changed,
meets the following requirements.'
"(A) RE: rums DETERMINATION Of IDENTITY.?
The system must be capable of reliably deter-
mining whether?
"al a person with the identity claimed by
an employee or prospective employee is eli-
gible to work, and
-au the employee or prospective employee
is claiming the identity of another individ-
ual.
"(13) Usnlo or covrereararr-lusersTANT DOM-
mEters.?If the system requires that a docu-
ment be presented to or examined by an em-
ployer, the document must be in a form
which is resistant to counterfeiting and
tampering.
"ICI LIMITED use OP syrrem.?Any personal
information utilized by the system may not
be made available to Government agencies,
employers, and other persons except to the
extent necessary to verify that an individual
is not an unauthorized alien.
"(D) PRIVACY OP DIPORMATION.?The system
must protect the privacy and security of Per-
sonal information and identifiers utilized
in the system.
"(111 LIMITED DENZAL or ITIUTICATION.?A
verification that an employee or prospective
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CONGRESSIONAL RECORD ? HOUSE October 14, 1986
employee is eligible to be employed in the
United States may not be withheld or re-
voked under the system for any reason other
than that the employee or prospective em-
ployee is an unauthorized alien.
'7F) LIMITED USE FOR LAW ENFORCEMENT
PURPOSES.?The system may not be used for
law enforcement purposes, other than for en-
forcement of this Act or sections 1001, 1028,
1546, and 1621 of title 18, United States
Code.
"(G) RESTRICTION ON USE OF NEW DOCU-
MENTS.?If the system requires individuals to
present a new card or other document (de-
signed specifically for use for this purpose)
at the time of hiring, recruitment, or refer-
ral, then such document may not be required
to be presented for any purpose other than
under this Act (or enforcement of sections
1001, 1028, 1546, and 1621 of title 18, United
States Code) nor to be carried on one's
person.
"(3) NOTICE TO CONGRESS WORE IMPLE-
MENTING CHANGES.?
"(A) IN GENERAL.?The President may not
implement any change under paragraph (1)
unless at least?
"(i) 60 days,
one year, in the case of a major
change described in subparagraph
or referrer must transmit to a Federal offi- the alleged violation occurred. If no hearing
cial information concerning the immigra- is so requested, the Attorney General's imPo-
l' status of prospective employees and the sition of the order shall constitute a final
official transmits to the person. and the
person must record, a verification code, or
"kit) require any change in any card used
for accounting purposes under the Social Se-
curity Act, including any change requiring
that the only social security account number
cards which may be presented in order to
comply with subsection (b)(1)(CHil are such
cards as are in a counterfeit-resistant form
consistent with the second sentence of sec-
tion 205(c)(2)(D) of the Social Security Act.
"(E) GENERAL REVENUE FUNDING OF SOCIAL
secuerrr CARD ounoes.?Any costs incurred
in developing and implementing any change
described in subparagraph (D)(iii) for pur-
poses of this subsection shall not be paid for
out of any trust fund established under the
Social Security Act.
"(4) DEMONSTRATION PROJECTS.?
"(A) AUTII0IUTY.?The President may un-
dertake demonstration projects (consistent
with paragraph (2)) of different changes in
the requirements of subsection IbL No such
project may extend over a period of longer
than three year&
"(B) REPORTS ON PROJEC'TS.?The President order under this subparagraPh, Pr
shall report to the Congress on the results of "Mil not less than $3,000 and not more
Or demonstration projects conducted under than $10,000 for each such alien in the case
"(iii) two years, in the case of a major this Paragraph- of a person or entity previously subject to
change described in clause (i) or (ii) of sub- "(el Commuties.? more than one order under this subpara-
paragraph (D), "(1) Comez.entre AND INVESTIGATIONS.?The 17n2Ph: and
before the date of implementation of the Attorney General shall establish proce- ..au may require the person or entity?
change, the President has prepared and dures?
and unappealable order.
"(C) ISSUANCE OF ORDERS.?If the adminis-
trative law judge determines, upon the pre-
ponderance of the evidence received, that a
person or entity named in the complaint ha-s
violated subsection (a), the administrative
law judge shall state his findings of fact and
issue and cause to be served on such person
or entity an order described in paragraph
(4) or (5L
"(4) CEASE AND DESIST ORDER WITH crva
MONEY PENALTY FOR HIRING, RECRUITING, AND
REFERRAL woessions.?With respect to a vio-
lation of subsection (c)ef )(A) or (a)(2), the
order under this subsection?
"(A) shall require the person or entity to
cease and desist from such violations and to
pay a civil penalty in an amount of?
"(V not less than $250 and not more than
$2,000 for each unauthorized alien with re-
spect to whom a violation of either such sub-
section occurred,
"Hi) not less than $2,000 and not more
than $5,000 for each such alien in the case of
a person or entity previously subject to one
transmitted to the Committee on the Judici- "(A) for individuals and entities to file
subsection (b) (or subsection (d) if ono/tea-
to comply with the requirements of
the Committee on the Judiciary of the tial violations of subsection (a), Me) with respect to individuals hired (or re-
Senate
of the House of Representatives and to written, signed complaints respecting Poten-
Senate a written report setting forth the pro- "(B) for the investigation of those corn- cruited or referred for employment for a fee)
posed change If the President proposes to plaints which, on their face, have a rubstan-
during a period of up to three years, and
make any change regarding social security tial Probability of validity, "Hi) to take such other remedial action as
account number cards, the President shall '(C) for the investigation of such other is tIPPT?Priatt
transmit to the Committee on Ways and violations of subsection (a) as the Attorney In applying this subsection in the case of a
Means of the House of Representatives and General determines in be appropriate, and person or entity composed of distinct, phys-
to the Committee on Finance of the Senate a "ID) for the designation in the Service of a teeny separate subdivisions each of which
written report setting forth the proposed unit which has, as its primary duty, the provides separately for the hiring, recruit-
change. The President promptly shall cause rosecution of cases of violations of subsec- inc. or referring for emPlaYment without
on. --------------reference to the practices of, and tug under
an-
to have printed in the Federal Register
substance of any major change (described in
subparagraph (D)) proposed and reported to
Congress.
"(B) CONTENTS OF REPORT.?In any report
under subparagraph (A) the President shall
include recommendations for the establish-
ment of civil and criminal sanctions for un-
authorized use or disclosure of the informa-
tion or identifiers contained in such system.
"(CI CONGRESSIONAL REVIEW OF MAJOR
CHANGES.?
"(t) HEARINGS AND REVIEW?The Commit-
tees on the Judiciary of the House of Repre-
sentatives and of the Senate shall cause to
have printed in the Congressional Record
the substance of any major change described
In subparagraph (D), shall./ fold hearings re-
specting the feasibility ana desirability of
implementing such a change, and, within
the two year period before implementation,
shall report to their respective Houses find-
ings on whether or not such a change should
lion ( trol with, "(2) AUZNORITY iri INVErTIGATIONS.? he control of or common con
ducting investigations and hearings under other subdivision, each such subdivision
this subsection? shall be considered a separate person or
"(A) immigration officers and administra- entity.
live law judges shall have reasonable MOMS "(5) Chime FOR am ironer erma&re FOR
to examine evidence of any person or entity PAPERWORK VIOLATIONS.?With respect to a
being investigated, and violation of subsection (a)(1)(B), the order
"(B) administrative law _fudges, mar, if under this subsection shall require the
necessary, compel by subpoena the attend- person or entity to pay a civil penalty in an
awe of witnesses and the production of evi- amount of not less than $100 and not snore
dence at any designated place or hearing. than $1,000 for each individual with respect
/n case of contumacy or refusal to obey a to whom such violation occurred. In deter-
subpoena lawfully issued under this para. mining the amount of the penalty, due con-
graph and upon application of the Attorney sideration shall be given to the size of the
General, an appropriate district court of the business Of the employer being charged, the
United States may issue an order requiring good faith of the employer, the seriousness of
compliance with such subpoena and any the violation, whether or not the individual
failure to obey such order may be punished was an unauthorized alien, and the history
by such court as a contempt thereof. of previous violations.
"(3) HEARING.? "(6) ADMINISTRATIVE APPELLATE REVIEW.?
"(A) IN GENERAL.?Before imposing an The decision and order of an administrative
order described in paragraph (4) or (5) law judge shall become the final agency deci-
' and order of the Attomell General
be implemented.. against a person or entity under thissu
"(ii) CONGRESSIONAL sertom?No major Hon for a violation of subsection lal, the At- unless, within 30 days, the Attorney General
change may be implemented unless the Con- torney General shall provide the person or modifies or vacates the decision and order,
gress specifically provides, in an appropria- entity with notice and, upon request made in which case the decision and order of the
tions or other Act, for funds for implementa- within a reasonable time (of not less than 30 Attorney General shall become a final order
tion of the change. days, as established by the Attorney Gener- under this subsection. The Attorney General
"ID) MAJOR CHANGES REQUIRING rwo YEARS LW of the date of the notice, a hearing re- may not delegate the Attorney General's au-
NOTICE AND CONGRESSIONAL REVIEW.?As used specting the violation. thority under this paragraph to any entity
In this paragraph, the term 'major change' "(B) Coepuer OF HEARINCL?Any hearing so which has review authority over immigra-
means a change which would? requested shall be conducted before an ad- tion-related matters.
"(0 require an Individual to present a new ministrative law judge. The hearing shall be "(7) Jciraczez. REVIEW.?A person or entity
card or other document (designed specifical- conducted in accordance with the require- adversely affected by a final order respecting
ly for use for this purpose) at the time of ments of section 554 of title 5, United States an assessment may, within 45 days after the
hiring, recruitment, or referral, Code. The hearing shall be held at the near- date the final order is issued, file a petition
"(ii) provide for a telephone verification at practicable place to the place where the in the Court of Appeals for the appropriate
system under which an employer, recruiter, person or entity resides or of the place where circuit for review of the order.
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t) Eironcuotirr or ORDERS.? If a person
Or entity fails to comply with a final order
issued under this subsection against the
PersOn or entity. the Attorney General shall
file a suit to seek cdmpliance with the order
lfl al) appropriate district court of the
United States. /n any such suit, the validity
and appropriateness of the final order shall
not be subject to review.
"fp CRIMINAL PENALTIES AND INJUNCTIONS
OR PATITRIV OR PR4C77CE VIOLATIONS.?
"(1) CRIMINAL PENALTY.?Any person Or
entity which engages in a pattern or prac-
tice of violations of subsection (a)( 1)(A) or
(a)(2/ shall be fined not more than 63,000 for
each unauthorized alien with respect to
whom such a violation occurs, imprisoned
for not more than six months for the entire
pattern or practice, or both, notwithstand-
ing the provisions of any other Federal law
relating to fine levels.
"(2) ENJOINING OF PATTERN OR PRAC77CZ VIO-
LATIONS.?Whenever the Attorney General
has reasonable cause to believe that a person
or entity is engaged in a pattern or practice
of employment, recruitment, or referral in
violation of paragraph (1)(A) or (2) of sub-
section (a), the Attorney General may bring
a civil action in the appropriate district
court of the United States requesting such
relief, including a permanent or temporary
injunction, restraining order, or other order
against the person or entity, as the Attorney
General deems necessary.
"(ir) PROHIBITION OF INDEMNITY BONDS.?
"(1) PROHIBITION.?It is unlawful for a
Person or other entity, in the hiring, recruit-
ing, or referring for employment of any indi-
vidual, to require the individual to post a
bond or security, to pay or agree to pay an
amount, or otherwise to provide a financial
guarantee or indemnity, against any poten-
tial liability arising under this section relat-
ing to such hiring, recruiting, or referring of
the individual.
"(2) Cm& PZIALTY.?Any person or entity
which is determined, after notice and oppor-
tunity for an administrative hearing to
have violated paragraph (1) shall be subject
to a civil penalty of $1,000 for each viola-
tion and to an administrative order requir-
ing the return of any amounts received in
violation of such paragraph to the employee
or, if the employee cannot be located, to the
general fund of the Treasury.
"(h) MISCELLANEOUS PROVISIONS.?
"( 1 ) DOCUMENTATIGN.?In providing docu-
mentation or endorsement of authorization
of aliens (other than aliens lawfully admit-
ted for permanent residence) authorized to
be employed in the United States, the Attor-
ney General shall provide that any limita-
tions with respect to the period or type of
employment or employer shall be conspicu-
ously stated on the documentation or en-
dorsement.
"(2) PREEMPTION.?The provisions of this
section preempt any State or local law im-
posing civil or criminal sanctions (other
than through licensing and similar laws)
upon those who employ, or recruit or refer
for a fee for employment, unauthorized
aliens.
"(3) DEFINITION OF UNAUTHORIZED ALIEN.?As
used in this section, the term 'unauthorized
alien' means, with respect to the employ-
ment of an alien at a particular time, that
the alien is not at that time either (A) an
alien lawfully admitted for permanent resi-
dence, or (B) authorized to be so employed
by this Act or by the Attorney General.
"Ii) EFFECTIVE DATES.?
"(1) 6-Momw PUBLIC INFORMATION PERIOD.?
During the six-month period beginning on
the first day of the first month after the date
of the enactment of this section?
"IA) the Attorney General, in cooperation
with the Secretaries of Agriculture, Com-
merce, Health and Human Services, Labor,
and the Treasury and the Administrator of
the Small Business Administration, shall
disseminate forms and information to em-
ployers, employment agencies, and organi-
zations representing employees and provide
for public education respecting the require-
ments of this section, and
"(B) the Attorney General shall not con-
duct any proceeding, nor issue any order,
under this section on the basis of any viola-
tion alleged to have occurred during the
period.
"(2) LI-MONTI, FIRST CITATION PERIOD.?In
the case 0/a person or entity, in the first in-
stance in which the Attorney General has
reason to believe that the person or entity
may have violated subsection (a) during the
subsequent 12-month period, the Attorney
General shall provide a citation to the
person or entity indicating that such a vio-
lation or violations may have occurred and
shall not conduct any proceeding, nor issue
any order, under this section on the basis of
such alleged violation or violations.
"(3) DEFERRAL OF staroncxxxsir WITH RE-
SPECT TO SEASONAL AGRICULTURAL SERVICES.?
"(A) IN GEKERAL.?.Except as provided in
subparagraph (B), before the end of the ap-
plication period (as defined in subpara-
graph (C)(i)), the Attorney General shall not
conduct any proceeding, nor impose any
penalty, under this section on the basis of
any violation alleged to have occurred with
respect to employment of an individual in
seasonal agricultural services.
"(B) PROHIBI7TON OF RECRUITMENT OUTSIDE
THE U.S.?
"IV IN GENERAL.?During the application
period, it is unlawful for a person or entity
(including a farm labor contractor) or an
agent of such a person or entity, to recruit
an unauthorized alien (other than an alien
described in clause (ii)) who is outside the
United States to enter the United States to
Perform seasonal agricultural services.
"WI Excerriom?Clause (i) shall not
apply to an (die* who the person or entity
reasonably believes meets the requirements
of section 210(a)(21 of this Act (relating to
Performance of seasonal agricultural serv-
ices).
"MO PENALTY FOR VIOLATION.?A person,
entity, or agent that violates clause Ii) shall
be deemed to be subject to a order under this
section in the same manner as if it had vio-
lated paragraph (1)(A), without regard to
paragraph (2) of this subsection.
DEFINITIONS.?In this paragraph.'
"(i) APPLICATION PERIOD.?The term 'appli-
cation period' means the period described in
section 210(a)(1).
"(M) SEASONAL AGRICULTURAL SERVICES.?
The term 'seasonal agricultural services' has
the meaning given such term in section
210(h).
"(j) GENERAL ACCOUNIING Orrice Rs-
"(t) IN GENERAL.?Beginning one year after
the date of enactment of this Act and at in-
tervals of one year thereafter for a period of
three years after such date, the Comptroller
General of the United States shall prepare
and transmit to the Congress and to the
taskforce established under subsection (k) a
report describing the results of a review of
the implementation and enforcement of this
section during the preceding twelve-month
period, for the purpose of determining if?
"(A) such provisions have been carried out
satisfactorily;
"(B) a pattern of discrimination has re-
sulted against citizens or nationals of the
United States or against eligible workers
seeking employment,' and
"(C) an unnecessary regulatory burden
has been created for employers hiring such
workers.
11 10071
"(2) DETERMINATION ON DISCRIMLNATION.?In
each report, the Comptroller General shall
make a specific determination as to whether
the implementation of that section has re-
sulted in a pattern of discrimination in em-
ployment (against other than unauthorized
aliens) on the basis of national origin,
"(3) RECOMMENDATIONS.?If the Comptroller
General has determined that such a pattern
of discrimination has resulted, the report?
"(A) shall include a description of the
scope of that discrimination, and
"(B) may include recommendations for
such legislation as may be appropriate to
deter-or remedy such discrimination.
"(k) REVIEW BY TASEFORCE.-
1) ESTABLISHMENT OF JOINT TASEFORCE.?
The Attorney General, jointly with the
Chairman of the Commisricm on Civil
Rights and the Chairman of Ike Equal Em-
ployment Opportunity Commission, shall es-
tablish a taskforce to review each report of
the Comptroller General transmitted under
subsection (11(1).
"(2) RECOMMENDATIONS TO CONGRESS.?If
the report transmitted includes a determina-
tion that the implementation eff this section
has resulted in a pattern of discrimination
in employment (against other than unau-
thorized aliens) on the basis of national
origin, the taskforce shall, taking into con-
sideration any recommendations in the
report, report to Congress recommendations
for such legislation as may be appropriate
to deter or remedy such discrimination
"(3) CONGRESSIONAL HEARINQS.?The Com-
mittees on the Judiciary of the House of
Representatives and of the Senate shall hold
hearings respecting any report of the task-
force under paragraph (2) within 60 days
after the date of receipt of the report.
"(1) TERMINATION D.= FOR listPLOYER SANC-
TIONS.?
"(1) IF REPORT OF WIDESPREAD DOSCRIMINA-
nom AND CONGRESSIONAL APPROWAL.?The pro-
visions of this section shall terminate 30 cal-
endar days after receipt of the' Seat report re-
quired to be transmitted underr subsection
(j),
if?
"(A) the Comptroller General determines,
and so reports in such reportt,, that a wide-
spread pattern of discriminatiOn Ms result-
ed against citizens or nationals of the
United States or against eligible workers
seeking employment solely from the imple-
mentation of this section:and
"(B) there is enacted within such period
0/ 30 calendar days, a joint resolution stat-
ing in substance that the Congress approves
the findings of the Comptroller General con-
tained in such report
"(2) SENATE PROCEDURES MR CONSIDER-
ATION.?Any joint resolution referred to in
clause (B) of paragraph (1) shall be consid-
ered in the Senate in accordance with sub-
section (n).
"1170 EXPEDITED Peoctounes m nix House
OF REPRESENTATIVES.?For the purpose of ex-
pediting the consideration and adoption of
joint resolutions under subsection RI, a
motion to proceed to the consideration of
any such joint resolution after it has been
reported by the appropriate comniittee shall
be treated as highly privileged ism the House
of Representatives,
"(n) EXPEDITED PROCEDURES IN 771E
SENA 7T.-
"(1) Cosrolurr7 or session.?For purposes
of subsection (1), the continuity of a session
of Congress is broken only by an adjourn-
ment of the Congress sine die, and the days
on which either House is not in session be-
cause of an adjournment of snore than three
days to a day certain are excluded in the
computation of the period indicated.
"(2) Ruzsreseneo POIVER.?Parstmsphs (3)
and (4) of this subsection are enacted?
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CONGRESSIONAL RECORD ? HOUSE October 14, 1986
H 10072
"(A) as an exercise of the rulemaking t, and
power of the Senate and as such they are
deemed a part of the rules of the Senate, but
applicable only with respect to the proce-
dure to be followed in the Senate in the case
of joint resolutions referred to in subsection
(I), and supersede other rules of the Senate
only to the extent that such paragraphs are
inconsistent therewith,' and
"(B) with full recognition of the constitu-
tional right of the Senate to change such
rules at any time, in the same manner as in
the case of any other rule of the Senate.
"131 COMMITTEE CONSIDERATION.?
"(A ) Marlon! ro DISCHARGE.?If the commit-
tee of the Senate to which has been referred
a joint resolution relating to the report de-
scribed in subsection (1) has not reported
such joint resolution at the end of ten calen-
dar days after its introduction, not counting
any day which is excluded under paragraph
(1) of this subsection, it is in order to move
either to discharge the committee from fur-
ther consideration of the joint resolution or
to discharge the committee from further con-
sideration of any other joint resolution in-
troduced with respect to the same report
which has been referred to the committee,
except that no motion to discharge shall be paragraph (5) and ins ng
in order after the committee has reported a ",or", and
joint resolution with respect to the same MO by adding at the end the following
report_ new paragraph:
"(B) CONSIDERATION OF mosion.?A motion "(6) has been found to have violated pain-
to discharge under subparagraph (A) of this graph (1) or (2) of section 274A(a) of the /m-
paragraph may be made only by a Senator migration and Nationa/ity Act";
favoring the joint resolution, is privileged, (C) by striking out section 106 129 U.S.C.
and debate thereon shall be limited to not 1816) and the corresponding item in the
more than / hour, to be divided equally be- table of contents; and
b striking out "section 106" in
an interim interim or other basis. tuch regulations capability for effective
as may be necessary in order to implement procedures which are within the boundaries
this section. of the PriVdCY Act of 1974.
(3) GRANDFATHER FOR CURRENT EMPLOY. (4) Such study shalt be conducted within
ses.?(A) Section 2744(a)(1) of the Immigra- twelve months of the date of enactment of
tion and Nationality Act shall not apply (.0 this Act.
the hiring, or recruiting or referring of an (5) The Attorney General shall prepare
individual for employment which has oc- and transmit to the Congress a report?
cursed before the date of the enactment of (A) not later than six months after the
this Act. date of enactment of this Act, describing the
(3) Section 274'00)(21 of the Immigration status of such study; and
and Nationality Act shall not apply to con- (B) not later than twelve months after
tinuing employment of an alien who was such date, setting forth the findings of such
hired before the date of the enactment of this study.
Act. (el FEASIBILITY STUDY or Soma Sscusurr
(b) CONIVIWING AMENDMENTS Tv MIGRANT Noma= VALIDATION SYSTEM.?The Secrete*
rscryon Acr.?(1) The Migrant and Seasonal of Health and Human Services, acting
through the Social Security Administration
AND SEASONAL AGRICULTURAL WORKER PRO-
Law 97-470) is amended? and in cooperation with the Attorney Gene"-
(A) by striking out "101(a)(15)(H)(ii)" in al and the Secretary of Labor, shall conduct
a study of the feasibility and costs of estab-
(29 U.S.C. 1802) and inserting in lieu thereof system to assist ta carrying out the purposes
lishing a social security number validation
Paragraphs (81(B) and (10)(B) of section 3
IBI in section 103(a) (29 U.S.C. 1813(a))? of section 274A of the Immigration and Na-
(I)101(a )(15)(H)(ii)(a)";
by striking out "or" at the end of Para- tionality Act, and of the privacy concerns
graph (4), that would be raised by the establishment of
(ii) by striking out the period at the end of such a system. The Secretarkshall submit_to
lien thereof the Committees on Ways and Means and Ju-
diciary of the House of Representatives and
to the Committees on Finance and Judici-
ary of the Senate, within ? 2 years after the
date of the enactment of this Act, a full and
complete report on the results of the study
together with such recommendations as may
be appropriate.
If) COUIVIasrantio OF SOCIAL SECURITY AC-
COUNT' Num= Canns.?(1) The Comptroller
General of the United States, upon consults-
. Attorney General and the See-
tween those favoring and those opposing the
WI joint resolution, the time to be divided tion 501(b) (29 U.S.C. 1851(b)) and by insert- tson
equally between, and controlled by, the ma- bag in lieu thereof "paragraph (I) or (2) of retary of Health and Human Services as
jority leader and the minority leader or section 274A(a) of the Immigration and Na- well as private vector representatives fin-
their designees. An amendment to the tionality Act". eluding septesentatives of the financial,
motion is not in order, and it is not in order (2) Vie amendments made by Paragraph banking, and 'manufacturing industries),
to move to reconsider the vote by which the 11) shall apply to Use employment. recruit- shall inquire into technological mitermativee
motion is agreed to or disagreed to. ment, referral, or utilisation of the services for producing and issuing social security ac-
"14) Morton ro PROCEED ro comsroca- of an individual occurring on or after the count number cards that are more resistant
A770N.? first day of the seventh month beginning to counterfeiting than social Security ac-
"(A ) IN aercen.u..?A motion in the Senate after the date of the enactment of this Act. count number cards being issued on the date
roceed to the consideration of a joint (c) CONFORMING AMENDMENT TO TABLE OP of enactment of this Act by the Social Seeu-
?ire ?7"he table of contents is amended rity Administration, including the use of en-
optical, or active electronic
resolution shall be privileged. An amend-
ment to the motion shall not be in order, nor
shall it be in order to move to reconsider the
vote by which the motion is agreed to or dis-
agreed to.
"WI DEBATE ON RESOLUTION.?Debate in the
Senate on a joint resolution, and all debata-
ble motions and appeals in connection
therewith, shall be limited to not more than
10 hours, to be equally divided between, and
controlled by, the majority leader and the
minority leader or their designees.
"(CI DEBATE ON MOTION.?Debate in the
Senate on any debatable motion or appeal
in connection with a joint resolution shall
be limited to not more than 1 hour, to be
by inserting after the item relating to sec- coded maim
tion 274 the following new itenv media such as magnetic stripes, holograms,
"Sec. 274A. Unlawful employment of and integrated circuit chips. Such inquiry
aliens.7, should focus on technologies that will help
(d) STUDY ON THE GSE ore TELEPHONE VERI- ensure the authenticity of the card, rather
FICA7TON Srerm POR DETERMINING EMPLOY- than Me identity of the bearer.
MENT ELIGH3ILITY or ALIENS.?(1) The Attor- (2) The Comptroller General of Me United
ney General, in consultation with the Score- States shall explore additional actions that
tary of Labor and the Secretary of Health could be taken to reduce the potential for
and Human Services, shall conduct a study fraudulently obtaining and using social se-
for use by the Department of Justice in de- curity account number cards.
termining emplornent eligibility of aliens (3) Not later than one year after the date
In the United States. Such study shall con- of enactment of this Act, the Comptroller
centrate on those data bases that ALTE cur- General of the United States shall prepare
rently available to the Federal Government and transmit to the Committee on the Judi-
h?ne and cia and the Committee on Ways and
equally divided between, and cont y, which through the use
the mover and the manager of the joint reso- computation capability could be used to Means of the House of Representatives a
lution, except that in the event the manager verify instantly the employment eligibility the Committee an the Judiciary and the
of the joint resolution is in favor of any status of job applicants who are aliens. Committee on Finance of the Senate a
such motion or appeal, the time in opposi- (2) Such study shall be conducted in con- report setting forth his findings and recom-
tion thereto shall be controlled by the minor- junction with any existing Federal Program mendations under this subsection. .
ity leader or his designee Such leaders, or which is designed for the purpose of provid- SEC 1St UNFAIR IMMIGRATION-RELATED EMPLOY
-
either of them, may, from time under their ing information on the resident or employ- MENT PRACTICES
control on the passage of a joint resolution, ment status of aliens for employers. The (a) IN " GENERAL.?Chapter 8 of title II is
allot additional time to any Senator during study shall include an analysis 41 costs and further amended by inserting after section
the consideration of any debatable motion benefits which shows the differences in costs ? '
2744, as inserted by section 101(a), the fol-
or apnea/ and efficiency of having the Federal Govern- lowing new ?awn;
?
"ID) Morzops TO weir DEBATE.?A motion ment or a contractor perform, this service
in the Senate to further limit debate on a Such comparisons should include reference "must IMMIGRATION-RELATED EMPLOYMENT
joint resolution, debatable motion, or appeal to such technical capabilities as processing PRAcITCES
is not debatable. No amendment to, or techniques and time, verification techniques "Sec. 274B. (a) PROHIBITION or DiscRiarrNA-
motion to recommit, a joint resolution is in and time, back up safeguards, and audit non BASED ON NATIONAL ORIGIN OR CITIZEN.
order in the Senate.". trail performance.SHIP STATIIS.?
(2) INTERIM REGULATIONS.?The Attorney (3) Such study shall also concentrate on "IV GENERAL RULE.?It IS an unfair immi-
Genera/ shall, not later than the first day of methods of phone verification which demon- gration-related emp/ornent Practice for a
the seventh month beginning after the date strafe the best safety and service standards, person or other entity to discriminate
of the enactment of this Act, first issue, on the least burden for the employer, the best against any individual (other than an ten-
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CONGRESSIONAL RECORD ? HOUSE H 10073
authonzed alien) with respect to the hiring.
or recruitment or referral for a fee. of the in-
dividual for employment or the discharging
C,)' the individual from employment ?
"(A) because of such individual's national
origin. or
"(B) in the case of a citizen or intending
? err (as defined in paragraph (3)4 be-
cause of such individual's citizenship
status
-(2) I:ricer-noes. ?Paragraph (1) shall not
apply to?
"(41) a person or other entity that employs
three or fewer employees.
"(131 a person 's or entity's discrimination
because of.,, individual's national origin if
the discrimination with respect to that
person or entity and that individual is cov-
ered under section 703 of the Civil Rights
Act of 1964. or
"(C) discrimination because of citizenship
status which is otherwise required in order
to comply with law, regulation, or executive
order, or required by Federal, State, or local
government contract, or which the Attorney
General determines to be essential for an
employer to do business with an agency or
department of the Federal, State, or local
government.
"(3) DEFIN1770N Or CITIZEN OR INTENDING
CI77ZEN.?As used in paragraph (1). the term
'citizen or intending citizen' means an indi-
vidual who?
"(A) is a citizen or national of the United
States, or
"(B) is an alien who?
is lawfully admitted for permanent
residence, is granted the status of an alien
lawfully admitted for temporary residence
under section 245.4(a)(1), is admitted as a
refugee under section 207, or is granted
asylum under section 208, and
"(fi) evidences an intention to become a
citizen of the United States through com-
pleting a declaration of intention to become
a citizen;
but does not include al an alien who fails to
apply for naturalization within six months
Of the date the alien first becomes eligible
(by virtue of period of lawful permanent res-
idence) to apply for naturalization or, if
later, within six months after the date of the
enactment of this section and (II) an alien
who has applied on a timely basis, but has
not been naturalized as a citizen within 2
years after the date of the application,
unless the alien can establish that the alien
is actively pursuing naturalization, except
that time consumed in the Service's process-
ing the application shall not be counted
toward the 2-year period.
nal ADDITIONAL EXCEPTION PROVIDING RIGHT
TO PREFER SQUALLY QUALIFIED CITIZENS.?N01-
withstanding any other provision of this
section, it is not an unfair immigration-re-
lated employment practice for a person or
other entity to prefer to hire, recruit, or refer
an individual who is a citizen or national
of the United States over another individual
who is an alien if the two individuals are
equally qualified.
"(b) CHARGES OF VIOLATIONS.?
"(1) IN GENERAL?Except as provided in
paragraph (2), any person alleging that the
person is adversely affected directly by an
unfair immigration-related employment
practice (or a person on that person's
behalf) or an officer of the Service alleging
that an unfair immigration-related employ-
ment practice has occurred or is occurring
may file a charge respecting such practice or
violation with the Special Counsel (appoint-
ed under subsection lc) 1. Charges shall be in
writing under oath or affirmation and shall
contain such information as the Attorney
General requires. The Special Counsel by
certified mail shall serve a notice of the
charge (including the date, place, and cir-
cumstances of the alleged unfair immigra-
tion-related employment practice) on the
person or entity involved within 10 days.
"(2) No OVERLAP WITH EEOC COMPLAINTS.?
No charge may be filed respecting an unfair
Immigration-related employment practice
described in subsection (a)(1)(A ) if a charge
with respect to that practice based on the
same set of facts has been filed with the
Equal Employment Opportunity Commis-
sion under title VII of the Civil Rights Act of
1964, unless the charge is dismissed as being
outside the scope of such title. No charge re-
specting an employment practice may be
filed with the Equal Employment Opportu-
nity Commission under such title if a charge
with respect to such practice based on the
same set of facts has been filed under this
subsection, unless the charge is dismissed
under this section as being outside the scope
of this section.
"(E) SPECIAL COUNSEL.?
"(.1) APPOINTMENT.?The President shall ap-
point, by and with the advice and consent of
the Senate, a Special Counsel for Immigra-
tion-Related Unfair Employment Practices
(hereinafter in this section referred to as the
'Special Counsel') within the Department of
Justice to serve for a term of four years. In
the case of a vacancy in the office of the Spe-
cial Counsel the President may designate
the officer or employee who shall act as Spe-
cial Counsel during such vacancy.
"(2) Durres.?The Special Counsel shall be
responsible for investigation of charges and
Issuance of complaints under this section
and in respect of the prosecution of all such
complaints before administrative law judges
and the exercise of certain functions under
subsection WM.
"ID COMPENSATION.?The Special Counsel
is entitled to receive compensation at a rate
not to exceed the rate now or hereafter pro-
vided for grade 08-17 of the General Sched-
ule, under section 5332 of title 5, United
States Code.
"(4) RI:Grote?. ?meas.?The Special Coun-
sel, in accordance with regulations of the At-
torney General, shall establish such regional
offices as may be necessary to carry out his
duties.
"Id) INVESTIGATION Or CHARGES.-
111 Br SPECIAL COUNSEL?The Special
Counsel shall investigate each charge re-
ceived and, within 120 days of the date of
the receipt of the charge, determine whether
or not there is reasonable cause to believe
that the charge is true and whether or not to
bring a complaint with respect to the charge
before an administrative law judge. The Spe-
cial Counsel may, on his own initiative,
conduct investigations respecting unfair im-
migration-related employment practices
and, based on such an investigation and
subject to paragraph (3), file a complaint
before such a judge.
"(2) PRIVATE ACTIONS.?If the Special Coun-
sel, after receiving such a charge respecting
an unfair immigration-related employment
practice which alleges knowing and inten-
tional discriminatory activity or a pattern
or practice of discriminatory activity, has
not filed a complaint before an administra-
tive law judge with respect to such charge
within such 120-day period, the person
making the charge may (subject to para-
graph (3)) file a complaint directly before
such a judge.
"(3) TIME LIMITATIONS ON COMPL4IN73.?No
complaint may be filed respecting any
unfair immigration-related employment
practice occurring more than 180 days prior
to the date of the filing of the charge with
the Special Counsel. This subparagraph
shall not prevent the subsequent amending
of a charge or complaint under subsection
(e)(1).
"(e) HEARINGS.?
"(1) NOTICE.?Whenever a complaint is
made that a person or entity has engaged in
or is engaging in any such unfair immigra-
tion-related employment practice, an ad-
ministrative law judge shall have power to
Issue and cause to be served upon such
person or entity a copy of the complaint and
a notice of hearing before the judge at a
place therein fixed, not less than five days
after the serving of the complaint Any such
complaint may be amended by the judge
conducting the hearing, upon the motion of
the party filing the complaint, in the judge's
discretion at any time prior to the issuance
of an order based thereon. The person or
entity so complained of shall have the right
to file an answer to the original or amended
complaint and to appear in person or other-
wise and give testimony at the place and
time fixed in the complaint
"(2) JUDGES HEARING CASES.?Hearings on
complaints under this subsection shall be
considered before administrative law fudges
who are specially designated by the Attorney
General as having special training respect-
ing employment discrimination and, to the
extent practicable, before such Judges who
only consider cases under this section.
"(3) COMPLAINANT AS PARTY.?Any person
filing a charge with the Special Counsel re-
specting an unfair immigration-related em-
ployment practice shall be considered a
party to any complaint before an adminis-
trative law judge respecting such practice
and any subsequent appeal respecting that
comp/aint. In the discretion of the judge
conducting the hearing, any other person
may be allowed to intervene in the said pro-
ceeding and to present testimony.
"(f) TESTIMONY AND AU7740RJTY OE HEARING
Omeens.?
"(1) Trxrirsoer.?The testimony taken by
the administrative law judge shall be re-
duced to writing. Thereafter, the judge, in
his discretion, upon notice may provide for
the taking of further testimony or hear argu-
ment.
"(2) Atrrooarrr OF' ADMINISTRATIVE LAW
JUDGES.?In conducting investigations and
hearings under this subsection and in ac-
cordance with regulations of the Attorney
General, the Special Counsel and adminis-
trative law judges shall have reasonable
access to examine evidence of any person or
entity being investigated. The administra-
tive law judges by subpoena may compel the
attendance of witnesses and the production
of evidence at any designated place or hear-
ing. In case of contumacy or refusal to obey
a subpoena lawfully issued under this para-
graph and upon application of the adminis-
trative law judge, an appropriate district
court of the United States may issue an
order requiring compliance with such sub-
poena and any failure to obey such order
may be punished by such court as a con-
tempt thereof.
"1g) DETERIIINA77ONS.?
"(1) ORDER.?The administrative law
judge shall issue and cause to be served on
the parties to the proceeding an order, which
shall be final unless appealed as provided
under subsection fit
"(2) ORDERS FINDING VIOLATIONS.?
"(A) IN GENERAL.-1,f, upon the preponder-
ance of the evidence, an administrative law
judge determines that that any person or
entity named in the complaint has engaged
in or is engaging in any such unfair immi-
gration-related employment practice, then
the judge shall state his findings of fact and
shall issue and cause to be served on such
person or entity an order which requires
such person or entity to cease and desist
from such unfair immigration-related em-
ployment practice.
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il 10074 CONGRESSIONAL RECORD ? HOUSE October 14, 1986
'(8) Coarrerris or ORDER.?Such an order certification as provided in section 1254 of '11546. Fraud end misuse al rises, permits, and
also may require the person or entity? title 28, United States Code. ether doransenb";
"(i) to comply with the requirements of "I, 9 Cover ENFORCEMENT or ADMINISTRATIVE (2) by striking out "or other document re-
section 274A(b) with respect to individuals ORDERS.? quired for entry into the United States" in
hired (or recruited or referred for employ- "(1) IN GENERAL.?If an order of the agency the first paragraph and inserting in lieu
three years; Special Counsel (or, if the Special Counsel thereof "border crossing card, alien registra-
tion receipt card. or other document pre-
?runt for a fee) during a period of up to is not appealed under subsection (i)(1), the
scribed by statute or regulation for entry
clause (i) and only for purposes consistent may petition the United States district court
into or as evidence of authorized stay or em-
"(ii) to retain for the period referred to in fails to act, the person filing the charge)
with section 274A (b1(6), the name and ad- for the district in which a violation of the plorrnent in the United States";
order U alleged to have occurred, or in (3) by striking out "or document" in the
dress of each individual who applies, in
person or in writing, for hiring for an exist-
ing position, or for recruiting or referring
for a fee, for employment in the United
States;
"(iii) to hire individuals directly and ad-
versely affected, with or without back pay;
and
"(iv)(1) except as provided in subclause
(II), to pay a civil penalty of not more than
$1,000 for each individual discriminated
against, and
"(II) in the case of a person or entity pre-
viously subject to such an order, to pay a
civil penalty of not more than $2,000 for
each individual discriminated against.
"(C) LIMITATION ON BACK PAY REMEDY.?In
providing a remedy under subparagraph
(B)(iii), back pay liability shall not accrue
from a date more than two years prior to the
date of the filing of a charge with an admin-
istrative law judge. Interim earnings or
amounts earnable with reasonable diligence
by the individual or individuals discrimi-
nated against shall operate to reduce the
back pay otherwise allowable under such
Paragraph. No order shall require the hiring
of an individual as an employee or the pay-
ment to an individual of any back Pay, if
the individual was refused employment for
any reason other than discrimination on ac-
count of national origin or citizenship
status.
"(DI TREATMENT Or DISTINCT siiirries.?In
applying this subsection in the case of a
person or entity composed of distinct, physi-
cially separate subdivisions each of which
Provides separately for the hiring, recruit-
ing, or referring fbr employment, without
reference to the practices of and not under
the control of or common control with, an-
other subdivision, each such subdivision
shall be considered a separate Person or
entity.
"(3) ORDERS NOT FINDING VIOLATIONS.?If tation of section 274.4, or
upon the preponderance of the evidence an "(ii) such section has created an unrea-
administrative law judge determines that sortable burden on employera hiring such
the person or entity named in the complaint workers; and
has not engaged or is not engaging in any "(B) there has been enacted,- within such
such unfair immigration-related employ- period of 30 calendar days, a joint resoht-
Tient Practice, then the Judge shall state his tion stating in substance that the Congress
findings of fact and shall issue an order dis- approves the findings of the Comptroller
missing the complaint. General contained in such repori".
"RV AWARDING or Arronwers' PEES.?In lb) No Errscr or EEOC Aursionrrv.?
any complaint respecting an unfair immi- Except as may be specifically provided in
gration-related employment practice, an ad- this section, nothing in this section shall be
ministrative law judge, in the judge's discre- construed to restrict the authority of the
tion, may allow a prevailing party, other Equal Employment Opportunity Commis-
than the United States, a reasonable attor- sion to investigate allegations, in writing
ney's fee, if the losing party's argument is and under oath or affirmation, of unlawful
without reasonable foundation in law and employment practices, as provided in sec-
fact. tion 706 of the Civil Rights Act of 1964 (42
"(i) Review or FINAL ORDERS.? U.S.C. 2000e-5), or any other authority pro-
"(1) IN GENERAL.?Not later than 60 days aided therein,
after the entry of such final order, any (cl azalea AMENDMENT.?The table of
person aggrieved by such final order may contents is amended by inserting after the
seek a review of such order in the United item relating to section 274A (as added by
States court of appeals for the circuit in section 101(c)) the following new item:
which the violation is (alleged to have oc- "Sea 274B. Unfair immigration-related ens-
curred or in which the employer resides or ployment practice.s.".
transacts business.SEC MS. FRAUD AND MISUSE OF CERTAIN INIMIGRA-
"I 2) FURTHER Review.?Upon the filing of TION-RELATED DOCUMENTS
the record with the court, the jurisdiction of (a) APPLIC.ATION 70 ADDITIONAL Delco- ProPriated, in order to carry out thu Act
the court shall be exclusive and its judgment areNrs.--Section 1546 of title 18, United there are authorized to be appropriated to
shall be final, except that the same shall be States Code, is amended? the Department of Justice?
subject to review by the Supreme Court of (1) by amending the heading to read as fol- (1) for the Immigration and Naturalize-
the United States upon writ of certiorari or lows: tion Service, for fiscal year 1987,
which the respondent rendes or transacts first paragraph and inserting in lieu thereof
business, for the enforcement of the order of
- "border crossing card, alien registration re-
the administrative law judge, by filing in ceipt card, or other document prescribed by
such court a written petition praying that
statute or regulation for entry into or as evi-
such order be enforced. dence of authorized stay or employment in
"(2) Comm vironcemzier ORDER?Upon the
filing of such petition, the court shall have the United States";
jurisdiction to make and enter a decree en- (4) by striking out "$2,000" and inserting
forcing the order of the administrative law t.n,lten thereof "in accordance With this
judge. In such a proceeding, the order of the "????";
administrative law judge shall not be rub- (5) by inserting "(aJ" before "Whoever" the
ject to review, first place it appears; and
"(3) ENFORCEMENT DECREE IN ORIGINAL 14) by adding at the end the following new
REVIEw.?If, upon appeal of an order under subsections:
subsection (i)(1), the United States court of 'IN Whoever uses?
appeals does not reverse such order, such "Ill an identification document, knowing
court shall have the jurisdiction to make (or having reason to know) that the docu-
and enter a decree enforcing the order of the ment was not issued lawfully for the use of
administrative law judge. the possessor,
"(4) AWARDING or AITORNEY'S rees.?In any "(2) an identification document knowing
judicial proceeding under subsection (i) or (or having reason to know) that the docu-
this subsection, the court, in its discretion, ment is false, or
may allow a prevailing party, other than the "(3) a false attestatiOn,
United States, a reasonable attorney's fee as for the purpose of satisfying a requirement
part of costs but only if the loring party's or- of section 274A(b) of the Immigration and
gurnent is without reasonable foundation in Nationality Act, shall be fined in accord-
law and fact, once with this title, or imprisoned not more
"00 TERMINATION DATES.? than two years, or both.
"(1) This section shall not apply to dis- "(c) This section does not prohibit any
erimination in hiring, recruiting, or refer- lawfully authorized investigative, protec-
ring of individuals occurring after the date Uve, or intelligence activity of a law en-
of any termination of the provisions of sec- forcement agency of the United States, a
tion 274A, under subsection (1) of that sec- State, or a subdivision of a State, or of an
tion. intelligence agency of the United States, or
"(2) The provisions of this section shall any activity authorized under title V of the
terminate 30 calendar days after receipt of Organized Crime Control Act of 1970 (18
the last report required to be transmitted U.S.0 note prec. 3481).",
under section 274A(j) if? IbI CLERicAL Aisetiossern?The item relat-
"(A) the Comptroller General determines, too to strum 1546 In the table of sections 0.f
and so reports in such report that? chapter 75 of such title is amended to rea4
"al no significant discrimination has re- - as follows.'
suited, against citizens or nationals of the "1545. Fraud and misuse at visas, permits,
United States or against any eligible wcwit- and other documents.".
era seeking employment, from the implemen-
Palm B?Iserilovesterr or Eawancssertir AND
listancss
SEC ill. AINWORIZSTION OF APPROPRIATIONS FOR
illtiFORCEMATIT AND MIME AMIN-
TIES OF IMMIGILSTION AND NAM.
RALIZA770N Ill VICE
(a) Two EsszNivax 11Leiesierti.?It is Me
sense of Congress Mat two eseential ele-
ments of the program of inunigsatkon con-
trol established by this Act are?
(1) an increase in the border patrol and
other inspection and enforcement activities
of Use Immigration and Naturalization
Service and of other appropriate Federal
agencies in order to prevent and deter the il-
legal entry of aliens into the United States
and the violation of the terms of their entry,
and
(2) an increase in examinations and other
service activities of the hnnsigration and
Naturalization Service and other appropri-
ate Federal agencies in order to ensure
prompt and efficient adjudication Of Peti-
tions and applications provided for under
the Immigration and Nationality Act.
(b) INCREASED AUTNOIUZATTON or APPRO-
PRIATIONS FOR INS AND EOIR.?ht addition
to any other amounts authorized to be ap-
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Ck:tober 14, 1986 CONGRESSIONAL RECORD ? HOUSE
*422000,090 and for fiscal year 1988,
8419.000.000; and
'2) for the Executive Office of lmmigra-
hen Renew, for fiscal year 1987,
812.000.000. and for fiscal pear 1988.
$15,000.000.
Of the amounts authorized to be approPri-
Wed under paragraph 11) sufficient funds
shall be available to provide for an increase
In the border patrol personnel of the Immi-
gration and Naturalization Service so that
the average level of such personnel in each
of fiscal years 1987 and 1988 is at least $O
percent higher than such level for fiscal year
1986.
IE I USE OE FUNDS FOR IMPROVED SERVICES.?
Of the funds appropriated to tee Depart-
melt of Justice for tee immigration and
Naturalization Service, the Attorney Gener-
al shall provide for improved tessragiation
and naturalization services and for en-
hanced community outreach and in-service
training of personnel of the Service Such
enhanced community outreach may include
the establishment of appropriate local com-
munity taskforces to improve the working
relationship between the Service and local
community groups and oryaniaatioas (in-
cluding employers and organizations repre-
senting minorities).
(121 SUPPLEMENTAL AUTHORIZATION OF APPRO-
PRIA77ONS FOR WAGE AND HOUR ENFORCE-
aarrr.?There are authorized to be appropri-
ated, in addition to such sums as may be
available for such purposes, such sums as
may be necessary to the Department of
Labor for enforcement activities of the Wage
and Hour Division and the Office of Federal
Contract Compliance Programs within the
Employment Standards Administration of
the Department in order to deter the employ-
ment of unaidkoriald aliens and femora the
economic incentive for osisplosiers io=Plait
and use such aliens.
SEC. 112. UNLAWFUL 77tANSPORTA170N OF ALIENS
TV 7711if UNITED STATES.
(a) CRIMINAL PENAL7TES.?Sitbsecticrn (a) of
section 274 (8 U.S.0 1.1141 is amended to
read as follows:
"(c) CRIMINAL PreetTIES.?(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 designat-
ed by the COMMiSSIOMT, regardless of wheth-
er such alien has received prior official au-
thorization to come to, enter, or reside in
the United States and regardless of any
future official action which may be taken
with respect to such alien;
"(B, knowing or in reckless dismae/d of
the fact that an alien has come to, entered,
or remains in the United States in violation
of law, transports, or moves or attempts to
transport or move such alien within the
United States by means of transportation or
otherwise, in furtherance of such violation
of law;
"(Ci knowing or in reckless disregard of
the fact that an alien has come to, entered,
or remains in the United States in violation
of law, conceals, harbors, or shields from de-
tection, or attempts to conceal, harbor, or
shield from detection, such alien in any
place, including any building or any means
of transportation: or
"(Di encourages or induces an alien to
come to, enter, or reside in the United
States, knowing or in reckless disregard of
the fact that such coming to, entry, or resi-
dence is or will be in violation of law,
shall be fined in accordance with title 18,
United States Code, imprisoned not more
than fire years, or both, for each alien in re-
spect to whom any violation of this subsec-
tion occurs.
"(2) Any person who, knowing or In reck-
less disregard of the fact that an alien has
not received prior official authorization to
come to, enter, or reside in the United
Slates, brings to or attempts to bring to the
United States in any manner whatsoever,
such alien, regardless of any officio/ action
which may later be taken with respect to
such alien shall, for each transaction consti-
tuting a violation of this paragraph, regard-
less of the number of aliens involved?
"(A) be fined in accordance with title 18,
United States Code, or imprisoned not more
than one year, or both; or
"(13) in the case of?
"(i) a second or subsequent offense,
"Iii) an offense done for the purpose of
commercial advantage or private financial
gain, or
"HIV an Offense in which the alien is not
upon arrival immediately brought and pre-
sented to an appropriate immigration offi-
cer at a designated poet of nom
be fined in accordance with title 18, United
States Code, or imprisoned not more than
five years, or both.".
Miscoueuirovs AMEASIMENES TO Semmes
AND Foeiretrves Pnoceorears.?Sabsection
He of such section is amended-
11) in paragraph before subparagraph
(A) by striking out "is used" and inserting
in lieu thereof -has been or is being used"
(2) by striking out "subject to seizure and"
in paragraph II) and inserting in lieu there-
of "seized and subject to",
(3) by inserting "or is being" after '7ias
been" in paragraph (21,
(4) by striking out "conveyances" in para-
graph 13) and insetting in lieu thereof
"property",
IS) by inserting ",or the Federal Maeltime
Commission if appropriate seder section
WO& of the Federal Property and Adminis-
trative Services .Act of 1949," in paragraph
(41(C) after "General Services Administra-
tion",
(6) in paragraph 14)?
IA) by striking out "or" at the end of sub-
paragraph (B),
113) by striking out the period at Vie end of
subparagraph ICI and inserting in lieu
thereof ": or", and
(C) by inserting after suck subparagraph
the following new subparagraph:
"(D) dispose of the convemince in accord-
ance with the terms and conditions of any
petition of remission or mitigation of for-
feiture granted by the Attorney General.";
(7) by striking out ".? Provided, That" in
paragraph (5) and inserting in hes thereof
except that",
(8) by striking out "was not lawfully enti-
tled to enter, or reside within, the United
States" in paragraph (5) and inserting in
lieu thereof "had not received prior official
authorization to come to, enter, or reside in
the United States or that such alien had
come to, entered, or remained in the United
States in violation of law" each place it ap-
pears, and
(9) by inserting "or of the Department of
State" in paragraph (5)(13) after "Service".
SEC III IMMIGRATION EMERGENCY FUND.
Section 404 (8 U.S.C. 1101 note) is amend-
ed by inserting "(a)" after 'Teo 404." and
by adding at the end the following new sub-
section.:
"(b) There are authorized to be appropri-
ated to an immigration emergency fund, to
be established in the Treasury, $35,000,000,
to be used to provide for an increase in
border patrol or other enforcement activities
of the Service and for reimbursement of
State and localities in providing assistance
as requested by the Attorney General in
meeting an immigration emergency, except
that no amounts may be withdrawn from
.110075
such fund with respect to en emergency
unless the President has determined that the
immigration emergency exists and has certi-
fied such fact to the Judiciary Committees
of the House of Representatives and of the
Senate.".
SSC ire LIABILITY OF *SWIMS AND OPERATORS OF
IATERNATIONAL INWICES AND TOLL
ROAM 11* PRATENT THE 17NAUTIIOR.
IZED LANIAING OF ALIEN&
Section 271 (8 U.S.0 1321) is amended by
inserting at the end the following new sub-
section:
"(OW Any owner or operator of a rail-
road line, international bridge, or toll road
who establishes to the satisfaction of the At-
torney General that the person has acted
diligently and reasonably to fulfill the duty
imposed by subsection (a) shall not be liable
for the penalty described in such subsection,
notwithstanding the failure of the person to
prevent the unauthorized landing of any
alien.
"12)(A) At the request of any person de-
scribed in paragraph (1), the Attorney Gen-
eral shall inspect any facility established, or
any method utilized, at a point of entry into
the United Stales by such person for the pur-
pose of complying with subsection la). The
Attorney General shall approve any suck fa-
cility or method (for such period of time as
the Attorney General may prescribe) which
the Attorney General determines is satisfac-
tory/or such purpose
"(B) Proof that any person described in
paragraph (l) has diligently maintained
any facility, or utilized any method, which
has been approved by the Attorney General
under subparagraph (Al (within the period
for which use approval is affeCtice) Shall be
prima facie evidence that such person acted
diligently and reasonably to fulfill the duty
imposed by subsection (a) (within the mean-
ing of paragraph (Z) of this subsection)."
WC II& ENFORCEMENT DP ISE HIMIGRATION
LAWS OF TM MAW STATES.
It is the sense of the Congress Mit?
(1) the immigration laws of the United
States should be enforced vigorously and
uniformly, and
(2) in the enforcement of such laws, the At-
torney General shall take due and deliberate
actions necessary to safeguard the constitu-
tional replete personal safety, and human
dignity of United Stales citizens and aliens.
SEC M. RESTRICTING WARRANTLESS ENTRY IN
771E CASE Or WIDOW AGRICtiTteteL
OPERATIONS.
Section 287 (8 U.S.C. 1357) is amended by
adding at the end the fellowing new subsec-
tion:
"(di Notwithstanding any other provision
of this section other than paragraph (3) of
subsection (a), an officer or employee of the
Service may not enter without the consent
of the owner for agent thereof) or a properly
executed warrant onto the premises of a
farm or other outdoor agricultural oper-
ation for the purpose of interrogating a
person believed to be an alien as to the per-
son's right to be or to remain in the United
States.".
SEC 117. RESTRICTIONS ON AWUSTMENT OF STATUS
Section 245(c)121 (8 V.S.C. 125510(2) is
amended by inserting after "hereafter con-
tinues in or accepts unauthorized employ-
ment prior to filing an application for ad-
justment of status" the following: "or who is
not in legal immigration status on the date
of filing the application for adjustment of
status or who has failed (alter than through
no fault of his own for technical reasons) to
maintain continuously a legal status since
entry into the United States".
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I-1 10076
CONGRESSIONAL RECORD ? HOUSE October 14, 1.986
TITLE II?LEGALIZATION
EEL 29I. LEGA LIZ I T/0/1 OF STATES.
(a) PROVIDING MR LEGALIZATION PRO-
GRAM.?(2) Chapter 5 of title II is amended
by inserting after section 245 (8 U.S.C. 1255)
the following new section:
"ADJUSTMENT OP STATUS OF CERTAIN ENTRANTS
BEFORE JANUARY 1, 1982, TO THAT OF PERSON
ADMITTED FOR LAWFUL RESIDENCE
"Sec. 245A. (a) TEMPORARY RESIDENT
STATUS.?The Attorney General shall adjust
the status of an alien to that af an alien
lawfully admitted for temporary residence if
the alien meets the following requirements:
"(1) TIMELY APPLICATION.?
"(A) DURING APP1JCATTON PERIOD.?Except
as provided in subparagraph (B), the alien
must apply for such adjustment during the
12-month period beginning on a date (not
later than 180 days after the date of enact-
ment of this section) designated by the At-
torney General.
"(B) APPLICATION WITHIN 30 DAYS OF SHOW-
CAUSE ORDER.?An alien who, at any time
during the first 11 months of the 12-month
period described in subparagraph (A), is the
subject of an order to show cause issued
under section 242, must make application
under this section not later than the end of
the 30-day period beginning either on the
first day of such 18-month period or on the
date of the issuance of such order, whichever
day is later.
"1C1 INFORMATION INCLUDED IN APPLICA-
rioN.?Eac.h application under this subsec-
tion shall contain such information as the
Attorney General may require, including in-
formation on living relatives of the appli-
cant with respect to whom a petition for
preference or other status may be filed by the
applicant at any later date under section
204(a).
"(2) CONTINUOUS UNLAWFUL RESIDENCE SINCE
1982.?
'7.41 IN GENERAL?The alien must establish
that he entered the United States before Jan-
uary 1, 1982, and that he has resided con-
tinuously in the United States in an unlaw-
ful status since such date and through the
date the application is filed under this sub-
section.
"(B) Notommlowrrs.?In the case of an
alien who entered the United States as a
nonimmigrant before January 1, 1982, the
alien must establish that the alien's period
at authorized stay as a nonimmigrant ex-
pired before such date through the passage
of time or the alien's unlawful status was
known to the Government as al such date.
"(C) EXCHANGE VISITORS.?If the alien 2000
at any time a nonimmigrant exchange alien
(as defined in section 101(a)( 15)(J)). the
alien must establish that the alien was not
subject to the two-year foreign residence re-
quirement of section 212(e) or has fulfilled
that requirement or received a waiver there-
of.
"(3) CONTINUOUS PHYSICAL PRESENCE SINCE
ENACTMENT.?
"(A) IN GENERAL?The alien must establish
that the alien has been continuously phys-
ically present in the United States since the
date of the enactment of this section.
"(B) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.? An alien shall not be con-
sidered to have failed to maintained contin-
uous physical presence in the United States
for purposes of subparagraph (A) by virtue
of brief, casual, and innocent absences from
the United States.
"(C) ADMISSIONS.?Nothing in this section
shall be construed as authorizing an alien to
apply for admission to, or to be admitted to,
the United States in order to apply for ad-
justment of status under this subsection.
"(4) ADMISSIBLE AS IMMIGRANT.?The alien
must establish that he?
"(A) is admissible to the United States as
an immigrant, except as otherwise provided
under subsection (d)(2),
"(B) has not been convicted of any felony
or of three or more misdemeanors commit-
ted in the United States,
"(C) has not assisted in the persecution of
any person or persons on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion,
and
"(D) is registered or registering under the
Military Selective Service Act, if the alien is
required to be so registered under that Act.
For purposes of this subsection, an alien in
the status of a Cuban and Haitian entrant
described in paragraph (1) or (2)(A) of sec-
tion 501(e) of Public Law 96-422 shall be
considered to have entered the United States
and to be in an unlawful status in the
United States.
"Ib) SUBSEQUENT ADJUSTMENT TO PERMA-
NENT RESIDENCE AND NATURE OF TEMPORARY
RESIDENT STATUS.?
"1.1 ADJUSTMENT TO PERMANENT RF.S1-
DENCR?The Attorney General shall adjust
the status of any alien provided lawful tem-
porary resident status under subsection (a)
to that of an alien lawfully admitted for per-
manent residence if the alien meets the fol-
lowing requirements:
"(A) TIMELY APPLICATION AFTER ONE YEAR'S
RESIDENCE.?The alien must apply for such
adjustment during the one-year period be-
ginning with the nineteenth month that
begins after the date the alien was granted
such temporary resident status.
"(B) CONTINUOUS RESIDENCE.?
"(2) IN GENERAL?The alien must establish
that he has continuously resided in the
United States since the date the alien was
granted such temporary resident status.
"(ii) TREATMENT or CERTAIN assxficxs.?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?
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 snore misdemeanors committed
in the United States.
"(D) Raw CITIZENSIITP
"(2) IN GENERAL?The alien must demon-
strate that he either?
"III meets the requirements of section 312
(relating to minimal understanding of ordi-
nary English and a knowledge and under-
standing of the history and government of
the United States), or
"(II) is satisfactorily pursuing a course of
study (recognized by the Attorney General)
to achieve such an understanding of English
and such a knowledge and understanding of
the history and government of the United
States.
"(ii) EXCEPTION FOR ELDERLY INDIVIDUALS.?
The Attorney General may, in his discretion,
waive all or part of the requirements of
clause (i) in the case of an alien who is 65
years of age or older.
"(iii) RELATION TO NATURALIZATION EXAMINA-
TION?In accordance with regulations of the
Attorney General, an alien who has demon-
strated under clause (i)( I) that the alien
meets the requirements of section 312 may
be considered to have satisfied the require-
ments of that section for purposes of becom-
ing naturalized as a citizen of the United
States under title III.
"(2) TERMINATION OF TEMPORARY RESI-
DENCE.?The Attorney General shall provide
for termination of temporary resident status
granted an alien under subsection (a)?
"(A ) if it appears to the Attorney General
that the alien was in fact not eligible for
such status;
"(B) if the alien commits an act that Vi)
makes the alien inadmissible to the United
States as an immigrant, except as otherwise
provided under subsection ((1)(2), or (ii) is
convicted of any felony or three or more
misdemeanors committed in the United
States; or
"(Cl at the end of the thirty-first month be-
ginning after the date the alien is granted
such status, unless the alien has filed an ap-
plication for adjustment of such status pur-
suant 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 lawful temporary resi-
dent status granted under subsection (a)?
"(A) AUTHORIZATION OF TRAVEL ABROAD.?
The Attorney General shall, in accordance
with regulations, permit the alien to return
to the United States after such brief and
casual trips abroad as reflect an intention
on the part of the alien to adjust to lawful
permanent resident status under paragraph
(11 and after brief temporary trips abroad
occasioned by a family obligation involving
an occurrence such as the illness or death of
a close relative or other family need.
"(B) AUTHORIZATION OF EMPLOYMENT.?The
Attorney General shall grant the alien au-
thorization to engage in employment in the
United States and provide to that alien an
'employment authorized' endorsement or
other appropriate work permit.
"(c) APPLICATIONS FOR ADJUSTMENT OF
STATUS.?
"(1) To swam MAY BE MADE?The Attorney
General shall provide that applications for
adjustment 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 for-
warding of the application to the Attorney
General
As used in this section, the term "qualified
designated entity" means an organization
or person designated under paragraph (2).
"(2) DESIGNATION OF QUALIFIED ENTITIES TO
RECEIVE APPLICATIONS.?For purposes of as-
sisting in the program of legalization pro-
vided under this section, the Attorney Gen-
eral?
"(A) shall designate qualified voluntary
organizations and other qualified State,
local, and community organizations, and
"(B) may designate such other persons as
the Attorney General determines are quali-
fied and have substantial experience, dem-
onstrated competence, and traditional long-
term involvement in the preparation and
submittal of applications for adjustment of
status under section 209 or 245, Public Law
89-732, or Public Law 95-145.
"(3) TREATMENT OF APPLICATIONS BY DESIG-
NATED ENTITIF.S.?Each qualified designated
entity must agree to forward to the Attorney
General applications filed with it in accord-
ance with paragraph (1)(B) but not to for-
ward to the Attorney General applications
filed with it unless the applicant has con-
sented to such forwarding. No such entity
may make a determination required by this
section to be made by the Attorney General.
"(4) LIMITATION ON ACCESS TO INFORMA-
MON.?Files and records of qualified desig-
nated entities relating to an alien's seeking
assistance or information with respect to
filing an application under this section are
confidential and the Attorney General and
the Service shall not have access to such
files or records relating to an alien without
the consent of the alien.
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October 14, 1.9S6 CONGRESSIONAL RECORD ? HOUSE H 10077
..(51 comw,1 ATIAtrry OF INFokmArms.?Nei? graph as relates to a single offense of simple "(A) DWI-Arms TV RI-riEw or DEPORTA?
ther the ,,ttornev General nor any other of. possession of 30 grams or less of marihuana. Ms.?Mere shall be judicial review of such
final or employee of the Department of Jus- "(IVI Paragraphs (271, (281, and (291 ire- a denial only in the judicial review of an
lice. or bureau or agency thereof' may? kiting to national security,/ and members of order of deportation under section 106.
'(Al use the information furnished pursu- certain organizations). "(B) STANDARD FOR AIDIcIAL REv7EW.?Such
ant to an application filed under this sec- "(V) Paragraph (33) (relating to those who judicial review shall be based solely upon
(ion for any purpose other than to make a assisted in the Nazi persecutions), the administrative record established at the
determination on the application or for en- "11711 &Krim. RIFLE "OR DrrERMINArios OF time of the review by the appellate authority
forcement of paragraph (6), PuBLIc CHARGE.?An alien is not ineligible and the findings of fact and determinations
"(Br make any publication whereby the in- for adjustment of status under this section contained in such record shall be conclusive
formation furnished by any particular indi- due to being inadmissible under section unless the applicant can establish abuse of
ridual can be identified, or 212(a)(15) if the alien demonstrates a his to- discretion or that the findings are directly
"(C) permit anyone other than the sworn -ry of employment in the United States en- contrary to clear and convincing facts con-
officers and employees of the Department or dencing self-support without receipt of tattled in the record considered as a whole.
bureau or agency or, with respect to applica- public cash assistance.
trans id:id with a designated entity, that "(C) MEDICAL EXAMINA77ON.?The alien
designated entity, to examine individual ap- shall be required, at the alien's expense, to
plications undergo such a median/ examination (in.
Anyone who uses, publishes, or permits in. eluding a determination of immunization
formation to be examined in violation of status) as is appropriate and conforms to
this paragraph shall be fined in accordance generally accepted professional standards of
with title 18, United States code, or impris- medical practice.
oned not more than five years, or both. 'Ye) TE7dpoltARY STAY Or DEpORTAITON AND
"(6) PENAL TIES FOR IPALsE SrATEmENTIS IN AC- WORK AulMORIZA170N FOR CERTAIN Amp.
pLicATIoNs.?Whoever /ties an apptication cum's- ?
for adjustment of status under this section "(1) BrafORE APPLICATION PERIOD.-771e At'
and knowingly and willfully falsifies, gnu- torney General shall provide that in the case
represents, conceals, or covers up a material of an alien who is uPPreherided before the
fact or makes any false, fictitious, or fraud- beginning of the application period de-
aden/ statements or representations, or scribed in subsection (a)(111A1 and who can
makes or uses any false writing or document establish a prima facie case of eligibility to
knowing the same to contain any false, ficti. have his status adjusted under subsection
tious, or fraudulent statement or entry, shall (a) (but for the fact that he may not apply
be fined in accordance with title 18, United for such adjustment until the beginning of
Stales Code, or imprisoned not more than such period), until the alien has had the op-
five years, or bot& portunity during the first .10 days of the ap-
"(7) AppLICA77oN FEEL? plication period to complete the filing of an
"(Al FEE Saar:rms.?The Attorney General an/Amnon for adjustment, the alien?
shall provide for a schedule of fees to be "(A) may not be departed, and
charPed for the filing of applications for ad- 1(51 Aral be Warded 'authorisation to
instortent under subsection (a) or Ib)(1). engage in employe/era in the United States
"(Br Use or rues.? The Attorney General and be provided an employment authorized'
shall deposit payments received under this endorsement or other appropriate work
paragraph in a separate account and Permit
amounts in such account shall be available, "(V DIMINO AppLICAATON PiRJOD.?The At-
without fiscal year limitation, to cover ad- tomey General shall provide that in the case
ministrative and other expenses incurred in of an Wien who presents a prima facie ap-
connection with ths review of appitcations .plication for adjustment of status under
filed under this section. subsection (a) during the application
"Id) Wsufss or NUMERICAL Luorrinoms AND period, and until a final determination on
CERTAIN GROUNDS FOR .EXCLUSION.? the application has been made in accord-
"111 NumsrucAL umfrAnora DO NOT ApPLy.? anee with this section, the alien?
The numerical limitations of sections 201 "(A) may not be deported, and
and 202 shall not apply to the adjustment of "(B) shall be granted authorization to
aliens to lawful permanent resident status engage in employment in the United States
under this section. and be provided an 'employment authorized'
"(2) WAIVER or GROUNDS FOR EXCLUSION.? endorsement or other appropriate work
In the determination of an alien's admissi- Permit-
. . b t? ns (a)(4)(A) "(1) ADMINISTRATIVE AND JUDICIAL REVIEW.?
"(A ) GROUNDS OF EXCLUSION NOT APPLICA- There shall be 710 administrative ar Judicial "sr trip abroad required by resergeneq or
w.?The provisions of paragraphs (14), review of a determination respecting an ap- extenuating cirminstanca outside Use con-
(20), (214 (25), and (32) of section 212(a) Ptication for sufiustmest of status wider this trot Of the alien.
shallnot apply. section except in accordance with this sub- ."(D) tlee 07 "RUIN "cfnitraTArkw--The
"(B) WAIVER or OTHER GROUNDS.? section. Attorney General shall require that?
"(ii IN GENERAL.?Except as provided in "(2) No amen, iron 1.17E rfravas.?No '''W continuous residence and Physical
clause (ii), the Attorney General may waive denial of adjustment of status under this lwesenoe in Use United States must be estab-
any other provision of section 212(a) in the section based on a late filing of an applica- tithed through documents, together with in-
case of individual aliens for humanitarian tion for such adjustment may be reviewed by &covalent corroboration of the information
purposes, to assure family unity, or when it a court of the United States or of any State contained in such documents, end
is otherwise in the public interest. or reviewed in any administrative proceed-- "(Ii) Vie documents Provided under clause
"till GROUNDS THAT MAY NOT RE WAITED.? ing of the United States Government. (i) be employment-related if employment-re-
The following provisions of section 212(a) "(3) ADMINISTRATTVZ REVIEW.? toted documents with respect to the alien
may not be waived by the Attorney General "(A) SINGLE LEVEL Or ADMINISTRATIVE APIEL- a.re available to the applicant.
under clause (1): LATE fervirw?The Attorney Genera! shall es- "(3) INTERIM FINAL RsourArroms.?Regula-
"( I ) Paragraphs (9) and MI (relating to tablish an appellate authority to provide for Lions prescribed under this section may be
criminals), a single level of administrative appellate prescribed to take effect on an interim final
"(II) Paragraph (15) (relating to aliens review of a determination described in para- basis if the Attorney General determines
likely to become public charges, insofar as it graph (1). that this is necessary in order to implement
relates to an application for adJustment to "(B) STANDARD Ion arristr.?Such adminis- this section in -a timely manner.
permanent residence by an alien other than trative appellate review shall be based solely 'WI)Tzwronsity DISQUALIFICATION Or
en alien who is eligible for benefits under upon the administrative -record established NRWLY LEGALIZED Amara mow Racsrvimo
title XVI of the Social Security Act or sec- at the time of the determination on the ap- CERTAIN PUBLIC Wwwis ASSISTANCE.--
Lion 212 of Public Law 93-66 for the month plication and upon such additional or "(I) IN GENZRAL.?Durtng the five-year
in which suck alien is granted lawful tempo- newly discovered evidence as may not have period beginning on the date an alien was
vary residence status under subsection (a). been available at the time of the determina- granted lawful temporary resident status
Y111) Paragraph (23) (relating to drug of- tion. under subsection (a), and notwithstanding
lasses), except for so much of such pant- 'Ill .1117NcIAL REMEW.? any other provision of law?
Ib1(1HCI(i), and (13)(21(131? "(V ADMINISTRATIVE AND JUDICIAL REVIEW.?
"(g) IMpLEMENTA770N OF SECTION.?
"(1) REGULATIONS.?The Attorney General,
after consultation with the Committees on
the Judiciary of the House of Representa-
tives and of the Senate, shall prescribe?
"(A) regulations establishing a definition
of the term 'resided continuously', as used in
Oils section, and the evidence needed to es-
tablish that an alien has resided continu-
ously in the United States for purposes of
this section, and
"(.31 such other regulations as may be nec-
essary to carry out this section.
"12) CONSIDERATIONS.?In prescribing regu-
lations described in paragraph (1)(A)?
"(A) PERIODS OF CONTINUOUS ALESIDENCE.?
The Attorney General shall specify individ-
ual periods and aggregate periods, of ab-
sence from the United States which will be
considered to break a period of continuous
residence in the United States and shall take
into account absences due merely to brief
and casual trips abroad.
"(B) ABSENCES CAUSED BY DEPORTAMON OR
ADVANCED rAROLE.?The Attorney General
shall provide that?
"Ii) an alien shall not be considered to
have resided continuously in the United
Mates, if, during any period for which con-
tinuous residence is required, the alien was
outside the United States as a result of a de-
parture under an order of deportation. and
"(it) any period of time during which an
alien is outside the United .Wates pursuant
to the advance parole procedures of the
Service shall not be considered BS Part of the
period of time during which an ahem is out-
side the United States for purposes of this
section.
MArrAMS OR (=mu BASENCES.?The
Attorney General may provide for a waiver,
in the discretion of the Attorney General, of
Me periods specified under subparagraph
(A) in the case of an absence from the
United States due merely to a brief tempo-
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11 10078 CONGRESSIONAL RECORD ? HOUSE October 14, 1986
"(A) except as provided in paragraphs (2) "(4) TREATMENT OF CERTAIN PROGRAMS.?As- sponding requirements of section
and (3), the alien is not eligible for? sistance furnished under any of the follow- 473(a)(1)(B1), with respect to that month, U
"(0 any program of financial assistance Ina provisions of law shall not be construed he or she would have satisfied such require-
furnished under Federal law (whether to be financial assistance described in para- men to but for such disqualification.".
through grant, loam guarantee, or other- graph (1)(A)(i):(B) Section 473(0(1) of such Act is amend-
wise) on the basis of financial need, as such "(Al The National School Lunch Act. ed by adding at the end thereof (after and
programs are identified by the Attorney "(B) The Child Nutrition Act of 1966. below subparagraph (C)) the following new
General in consultation with other appro- "(C) the Vocational Education Act of 1963. sentence:
priate heads of the various departments and "(D) Chapter 1 of the Education Consoli- "The last sentence of section 472(a) shall
agencies of Government (but in any event dation and Improvement Act of 1981. apply, for purposes of subparagraph (B), in
including the program of aid to families "(E) The Headstart-Follow Through Act. any case where the child is an alien de-
with dependent children under part di of "(F) The Job Training Partnership Act. scribed in that sentence.".
title IV of the Social Security Act), "(G) Title IV of the Higher Education Act (c) MrscELLANvous PROVISIONS.?
"hi) medical assistance under a State of 1965.
(11 PROCEDURES FOR PROPERTY ACQUISITION
plan approved under title XIX of the Social "(H) The Public Health Service Act. OR LEASING.?Notwithstanding the Federal
Security Act, and"( I) Titles V, XVI, and XX, and parts B, Property and Administrative Services Act of
"(iii) assistance under the Food Stamp Act D, and E of title IV, of the Social SecuritY 1949 (40 U.S.C. 471 et seq.), the Attorney
of 1977; andAct (and titles I, X, XIV, and XVI of such -General is authorized to expend from the
"(B) a State or politica/ subdivision there- Act as in effect without regard to the amend- appropriation provided for the administra-
in may, to the extent consistent with sub- ment made by section 301 of the Social Secu- tion and enforcement of the Immigration
paragraph (A) and paragraphs (2) and (3), rity Amendments of 1972). and Nationality Act, such amounts as may
provide that the alien is not eligible for the "(5) ADJUSTMENT NOT AFFECTING FASCF.LL. be necessary for the leasing or acquisition of
Programs of financial assistance or for med- sroNz szlizrrix.?For the purpose of section property in the fulfillment of this section.
ical assistance described in subparagraph 501 of the Refugee Education Assistance Act This authority shall end two years after the
(A)(ii) furnished under the law of that State of 1980 (Public Law 96-122), assistance shall effective date of the legalization program.
or political subdivision. be continued under such section with re- (2) Use OF REFIRED FEDERAL EMPLOYEES.
Unless otherwise specifically provided by spect to an alien without regard to the Notwithstanding any other provision of
this section or other law, an alien in tempo- alien's adjustment of status under this sec- law, the retired or retainer pay of a member
rary lawful residence status granted under tion-or former member of the Armed POTCBS of the
subsection (a) shall not be considered (for "(i) DISSEMINATION or INFORMATION ON LE- United States or the annuity of a retired em-
purposes of any law of a State or political CLUIZATION PROGRAM.?Beginning not later pioyee of the Federal Government who re-
subdivision providing for a program of li- than the date designated by the Attorney tired on or before January 1, 1986, shall not
nancial assistance) to be permanently resid- General under subsection (a)(1)(41), the At be reduced while such individual is tempo-
trig in the United States under color of law. torney General, in cooperation with quail- rari4 employed by the immigration and
"(2) EXCEPTIONS.?Paragraph (1) shall not fied designated entities, shall broadly (lis- Naturalization Service for a period of not to
apply?seminate information re.specting the bene- exceed 18 months to perform duties in con-
"(A) to a Cuban and Haitian entrant las fits which aliens may receive under this sec- nection with the adjustment of status of
defined in paragraph (1) or (2)(A) of section Lion and the requirements to obtain such aliens under this section. The Service shall
501(e) of Public Law 96-422, as in effect on bene.hts."- not temporarily employ more than 300 twit-
April 1. 1983), or (2) The table of contents for chapter 5 of viduals under this paragraph. Not with-
"(B) in the case of assistance (other than MU II is amended NI inserting after the standing any other provision of law, the an-
aid to families with dependent children) item relating to section 245 the following nutty of a retired employee of the Federal
which is furnished to an alien who is an new item Government shall not be increased or rede-
aged, blind, or disabled individual (as de- "See 245A. Adjustment of status of certain termined under chapter 83 or 84 of title 5,
fined in section 1614(a)( 1) of the Social Se- entrants before January 1, United States Code, as a result of a period of
curity Act).1982, to that of person admit- temporary employment under this para-
"(3) RESTRICTED MEDICAID BENEFITS.? ted for lawful residence.- graph.
"(A) CLAIUMATION or werrrumentr.?Sub-
(b) CONFORMING AMaNDMENTs.-111 Section Well:. CtRIAN-HA171ANADSUSTMENT.
(B), for the purpose of providing aliens with 402 of the Social Security Act is amended by (a) ADJUSTMENT or STATUS.?The status of
eligibility to receive medical assistance? adding at the end thereof the following new any alien described in subsection (b) may be
Ject to the restrictions under subparagraph
"(i) paragraph (1) shall not apigy, subsection: adjusted by the Attorney General, in the At-
"(ii) aliens who would be eligible for medi- "(f)(1) For temporary disqualification of tortes; General's discretion and under such
cal assistance but for the provisions of pare- certain newly legalized aliens from receiv- regulations as the Attorney General may
graph (1) shall be deemed, for purposes of ing aid to families with dependent children, prescribe, to that of an alien lawfully admit-
title XIX of the Social Security Act, to be so see subsection (hi of section 245A of the Im- ted for permanent residence if?
eligible, andmigration and Nationality Act. (1) the alien applies for such adjustment
"(iii) aliens lawfully admitted for tempo. "(2) In any case where an alien disquali- within two years after the date of the enact-
rary residence under this section, such fled from receiving aid under such subsec- ment of this Act;
status not having changed, shall be consid- tion (hi is the parent of a child who is not so (2) the alien is otherwise eligible to receive
ered to be permanently residing in the disqualified and who (without any adjust- an immigrant visa and is othenoise admis-
United States under color of law. ment of status under such section 245A) is sible to the United State.s for permanent res-
"(B) RESTRICTION OF BENEFITS.? considered a dependent child under subsec- idence, excePt in determining such admissi-
"(i) LIMITATION TO EMERGENCY SERVICES AND (011 (a)(33), Or is the brother Or sister of bility the grounds for exclusion specified in
SERVICES ron PREGNANT womEN.?Notwith- such a child, subsection (a)(38) shall not paragraphs (14), (15), (16), (17), (20), (21),
' 'We XIX of the apply, and the needs of such alien shall not (25), and (32) of section 212(a) of the Immi-
be taken into account in making the deter- gration and Nationality Act shall not apply:
. )(7) with re- (3) the alien is not an alien described in
?
standing any proms on
Social Security Act (including subpara-
graphs (B) and (C) of section 1902(0(10) of
such Act), aliens who, but for subparagraph
(A), would be ineligible for medical assist-
ance under paragraph (1), are only eligible
. for such assistance with respect to?
"( I ) emergency services (as defined for
purposes of section 1916(a)(2)(D) of the
Social Security Act), and
"( II) services described in section
1916(a)(2)(B) of such Act (relating to service
for pregnant women).
"(if( No RESTRICTION FOR EXEMPT ALIENS
AND CHILDREN.?The restrictions of clause (i)
shall not apply to aliens who are described
in paragraph (2) or who are under 18 years
of age. section-111
"(C) DEFINITION OF MEDICAL ASSISTANCE. such agreement 10a3 entered into Or court
this paragraph, Ms term 'medical assist- proceedings leading to the removal of the
once' refers to medical assistance under a child from the home were instituted, such
State plan approved under title XIX of the child shall be considered to satisfy the re-
Social Security Act. quirements of paragraph (4) (and the corre-
mination under subsection
spect to such child, but the income of such section 243(h)(2) s
alien (if he or she is the parent of such child) (4) the alien is physically present in the
shall be included in making such determine- United States on the date the application
tion to the same extent that income of a for such adjustment is filed.; and
stepparent is included under subsection (5) the alien has continuously resided in
(a)(31).".the United States since January 1, 1982.
(21(A) Section 472(a) of such Act is amend- (b) ALIENS ELIGIBLE FOR ADJUSTMENT or
ed by adding at the end thereof (after and STATUS.?The benefits provided by subsection
below paragraph (4)) the following new sen- (a) shall apply to any alien?
tence:(1) who has received an immigration des-
"In any case where the child is an alien (lis- igrnation as a Cuban/Haitian Entrant
qualified under section 245A(h ) of the Immi- (Status Pending) as of the date of the enact-
gration and Nationality Act from receiving ment of this Act, or
aid under the State plan approved under (2) who is a national of Cuba or Haiti
r the month in which who arrived in the United States before Jan-
uary /, 1982, with respect to whom any
record was established by the Immigration
and Naturalization Service before Jarman/
1, 1982, and who (unless the alter filed an
application for asylum with the Immigra-
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(ton and Naturalization Service before Jan-
" Ilan) 1. 1952, was not admitted to the
Unitud States as a nonimmigrant.
(ei NO AFFErl ON FASCELL-STONL BENI
othou who, as of the date of the m-
admen( of this Act, is a Cuban and Haitian
entrant for the purpose of section 501 of
Public Lou- 96-422 shall continue to be con-
sidered such an entrant for such purpose
without regard to any adjustment of status
effected under this section.
RE:-..oito OF PERMANENT RESIDENCE AS OF
JANUARY .1, 1982.?Upon approval of an
alien's ovPlication for adjustment of status
under subsection (a), the Attorney General
shall establish a record of the alien's admis-
sion fo- permanent residence as of January
1, :4,32.
(el No OFFSET IN NUMBER OF VISAS AVAIL-
ABLE?When an alien is granted the status
of having been lawfully admitted for perma-
nent residence pursuant to this section, the
S'ecretary of State shall not be required to
reduce the number of immigrant visas au-
thorized to be issued under the Immigration
and Nationality Act and the Attorney Gen-
eral shall not be required to charge the alien
any fee.
III APPLICATION OF IMMIGRATION AND NA-
770NALI7-Y ACT PROVISIONS.?Except as other-
wise specifically provided in this section,
the definitions contained in the Immigra-
tion and Nationality Act shall apply in the
administration of this section. Nothing con-
tained in this section shall be held to repeal,
amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the
Attorney Genera/ in the administration and
enforcement of such Act or any other law re-
lating to immigration, nationality, or natu-
ralization. The fact that an alien may be eli-
gible to be granted the status of having been
lawfully admitted for permanent residence
under this section shall not preclude the
alien from seeking such status under any
other provision of law for which the alien
may be eligible.
Rive. 211 UPDATING REGISTRY DATE TO JANUARY I,
an.
(a) IN GENERAL.?Section 249 (8 U.S.C.
1259) is amended?
(1) by striking out "JUNE so, me" in the
heading and inserting in lieu thereof -JANU-
ARY 1, me; and
(2) by striking out "June 30, 1948" in
paragraph (a) and inserting in lieu thereof
"January 1. 1972".
lb) CONFORMING AMENDMENT TO TABLE OF
CONTENTS.?The item in the table of contents
relating to section 249 is amended by strik-
ing out "June 30, 1948'; and inserting in
lieu thereof "January!, 1972".
lc) CLARIFIC.A770N.?The numerical limita-
tions of sections 201 and 202 of the Immi-
gration and Nationality Act shall not apply
to aliens provided lawful permanent resi-
dent status under section 249 of that Act.
SEC' . BPI. STATE LEGALIZATION IMPACT-ASSISTANCE
GRANTS.
(0) APPROPRIATION OF FUNDS.?
IN GENERAL.?Out of any money in the
Treasury not otherwise appropriated, there
are appropriated to carry out this section
(and including Federal, State, and local ad-
ministrative costs) $1,000,000,000 (less the
amount described in paragraph (2)) for
fiscal year 1988 and for each of the three
succeeding fiscal years.
(2) OFFSET.?
Mt IN GENERAL?Subject to subparagraphs
(131 through ID), the amount described in
this paragraph for a fiscal year is equal to
the amount estimated to be expended by the
Federal Government in the fiscal year for
the programs of financial assistance, medi-
cal assistance, and assistance under the
Food Stamp Act of 1977 for aliens who
would not be eligible for such assistance
under paragraph (1 HA I of section 245A (hi of
the Immigration and Nationality Act but
for the provisions of paragraph (2) or para-
graph (3) of such section.
(B) No OFFSET FOR CERTAIN SS! ELIGIBLE IN-
DIVIDUALS.?The amount described in this
paragraph shall not include any amounts
attributable to supplemental security bene-
fits paid under title XVI of the Social Secu-
rity Act or medical assistance furnished
under a State plan approved under title
XIX of the Social Security Act. in the case of
an alien who is determined by the Secretary
of Health and Human Services, based on an
application for benefits under title XVI of
the Social Security Act or section 212 of
Public Law 93-66 filed prior to the date des-
ignated by the Attorney Genera/ in accord-
ance with section 245A(a)(1)(A) of the Immi-
gration and Nationality Act, to be perma-
nently residing in the United States under
color of law as provided in section
1614(a)(1)(B) ail of the Social Security Act
and to be eligible to receive such benefits for
the month prior to the month in which such
date occurs, for such time as such alien con-
tinues without interruption to be eligible to
receive such benefits in accordance with the
provisions of title XVI of the Social Security
Act or section 212 of Public Law 93-66, as
appropriate
(C) Esrisurzir IlaruL OFFSET.?Por pur-
poses of subparagraph (A), with respect to
fiscal year 1988, the amount estimated to be
expended is equal to $70,000,000. For subse-
quent fiscal years, the amount estimated to
be expended shall be such estimate as is con-
tained in the annual fiscal budget submitted
for that year to the Congress by the Presi-
dent.
(D) ADJUSTMENT FOR ESTIMATES.?If the
actual amount of expenditures by the Feder-
al Government described in subparagraph
(A) for a fiscal year exceeds, or is less than,
the amount estimated to be expended for
that year under subparagraph (C) for that
year (taking into account any adjustment
under this subparagraph), then for the sub-
sequent fiscal year the amount described in
this paragraph shall be decreased, or in-
creased, respectively, by the amount of such
excess or deficit for that previous fiscal year.
(b) ENTITLEMENT OF STATES.?(1) From the
sums appropriated under subsection (a) for
a fiscal year (less the amount reserved for
Federal administrative costs), the Secretary
of Health and Human Services (in this sec-
tion referred to as the "Secretary") shall
allot to each State with an application ap-
proved under subsection (d)(1) an amount
determined in accordance with a formula,
established by the Secretary by regulation,
which takes into account?
(A) the number of eligible legalized aliens
(as defined in subsection (j)(4)) residing in
the State in that fiscal year;
(B) the ratio of the number of eligible le-
galized aliens in the State to the total
number of residents of that State and to the
total number of such aliens in a// the States
in that fiscal year;
(C) the amount of expenditures the State
is likely to incur in that fiscal year in pro-
viding assistance for eligible legalized aliens
for which reimbursement or payment may
be made under this section;
ID) the ratio of the amount of such ex-
penditures in the State to the total of all
such expenditures in all the States;
(El adjustments for the difference in previ-
ous years between the State's actual expend-
itures (described in subparagraph (C)) in-
curred and the allocation provided the State
under this section for those years; and
(F) such other factors as the Secretary
deems appropriate to provide for an equita-
ble distribution of such amounts,
H 10079
(2) To the extent that all the funds appro
printed under this section for a fiscal year
arc not otherwise allotted to States either be-
cause all the States have not qualified for
such allotments under this section for the
fiscal year or because some States have indi-
cated in their description of activities that
they do not intend to use, in that fiscal year
or the succeeding fiscal year, the full
amount of such allotments, such excess shall
be allotted among the remaining States in
proportion to the amount otherwise allotted
to such States for the fiscal year without
regard to this paragraph.
(3) In determining the number of eligible
legalized aliens for purposes of paragraph
(1)(A 1, the Secretary may estimate such
number on the basis of such data as he may
deem appropriate.
(4) For each fiscal year the Secretary shall
make payments, as provided by section 6503
of title 31, United States Code, to each State
from its allotment under this subsection.
Any amount paid to a State for any of the
following fiscal years and remaining unobli-
gated at the end of such year shall remain
available to such State for the purposes for
which it was made in subsequent fiscal
years, but shall not remain available after
September 30, 1994.
(Cl PROVIDING ASSISTANCE.?(1) Of the
amounts allotted to a State under this sec-
tion, the State may only use such funds, in
accordance with this section?
(A) for reimbursement of the costs of pro-
grams of public assistance provided with re-
spect to eligible legalized aliens, for which
such aliens were not disqualified under sec-
tion 245A(h) of the Immigration and Na-
tionality Act at the time of such assistance,
(II) for reimbursement _of the costs of pro-
grams of public health assistance provided
to any alien who is, or is applying on a
timely basis under section 245.4(a) of such
Act to become, an eligible legalized alien,
and
(C) to make payments to State educational
agencies for the purpose of assisting local
educational agencies of that State in provid-
ing educational services for eligible legal-
ized alien.s.
Subject to paragraph (2), the State may
select the distribution of the use of such
funds among such purposes.
(2)(A) Subject to subparagraphs (B) and
(CI, of the amounts allotted to a State under
this section in any fiscal year, 10 percent
shall be used by the State for reimbursement
under paragraph (1)(A), 10 percent shall be
used by the State for reimbursement under
paragraph (11(B), and 10 percent shall be
used by the State for payments under para-
graph (MCA
(B) If a State does not require the use of
the full 10 percent provided under subpara-
graph (A) for a particular function de-
scribed in a subparagraph of paragraph (1)
for a fiscal year, the unused portion shall be
equally distributed among the two other sub-
paragraphs.
(C) In no case shall the funds provided
under this section be used to provide reim-
bursement for more than 100 percent of the
costs described in paragraph (1)(A) or
(1)(B).
(3) To the extent that a State provides for
the use of funds for the purpose described in
paragraph (MC), the definitions and provi-
sions of the Emergency Immigrant Educa-
tion Act of 1984 (title VI of Public Law 98-
511; 20 U.S.C. 4101 et seq.) shall apply to
payments under such paragraph in the same
manner as they apply to payments under
that Act, except that, in applying this para-
graph?
(A) any reference in such Act to "immi-
grant children" shall be deemed to be a refer-
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CONGRESSIONAL RECORD ? HOUSE October 14, 1986
ence to "eligible legalized aliens" (including (2)(A) For requirements relating to audits
such aliens who are over 16 years of age) of funds received by a State under this sec-
during the 60-month period beginning with tion, see chapter 75 of title 31, United States
the first month in which such an alien is Code (relating to requirements for single
granted temporary lawful residence under audit).
section 245A(a) of the Immigration and Na- (B) Each State shall repay to the United
tionality Act;
(B) in determining the amount of pay-
ment with respect to eligible legalized aliens
who are over 16 years of age, the phrase "de-
scribed under paragraph (2)" shall be
deemed to be stricken from section
606(b)(1)(A) of such Act (20 U.S.C.
4105(b)(11(A));
(CI the State educational agency may pro-
vide such educational services to adult eligi-
ble legalized aliens through local education-
al agencies and other public and private
nonprofit organizations, including commu-
nity-based organizations of demonstrated ef-
fectiveness; and
(D) such services may include English lan-
guage and other programs designed to
enable such aliens to attain the citizenship
skills described in section 245A(b)(1)(D)li)
of the Immigration and Nationality Act
(d) SrsTEMEM'S AND ASSURANCES.?(l) No
State is eligible for payment under subsec-
tion (b) unless the State?
(A) has filed with, and had approved by,
the Secretary an application containing
such information, including the informa-
tion described in paragraph (2) and criteria
for and administrative methods of disburs-
ing funds received under this section, as the
Secretary determines to be necessary to
carry out this section, and
(13) transmits to the Secretary a statement
of assurances that certifies that (i) funds al-
lotted to the Slate under this Section will
only be used to carry out the purposes de-
scribed in subsection W(1), (it) the State
will provide a fair method (as determined by
the State) for the allocation of funds among imbursed or paid for under other Federal
State and local agencies in accordance with Programa
paragraph IV and subsection ky21, and (I) Payment may only be made to a State
(iii) fiscal control and fund accounting pro. with respect to costs for assistance of a Pro-
cedures will be established that are adequate gram of public assistance or a Program of
to meet the requirements of paragraph (3) Public health assistance generally to the
and subsections (e) and (f). extent such assistance is otherwise generally
(2) The application of each State under available under such programs to citizens
this subsection for each fiscal year must in- residing in Use State.
chide detailed information on? (9) CRIMINAL PENALTIES sox FALSE Smirs-
(A) the number of eligible legalized aliens MENM?WhOeVer?
residing in the State, and (1) knowingly and willfully makes or
(B) the costs (excluding any such costs causes to be made any false statement or
otherwise paid from Federal funds) which misrepresentation of a material fact in con-
the State and each locality is likely to incur section with the furnishing of assistance or
for the purposes described in subsection services for which payment may be 'nude by
a State from funds allotted to the State
(e) REPORTS AND Avorrs.?(1)(A) Each State under this section, or
shall prepare and submit to the Secretary (2) having knowledge of the occurrence of
annual reports on its activities under this any event affecting his initial or continued
section. In order to properly evaluate and to right to any such payment conceals or fails
compare the performance of different States to disclose such event with an intent fraudu-
assisted under this section and to assure the lently to secure such payment either in a
proper expenditure of funds under this sec- greater amount than is due or when no such
tion, such reports shall be in such form and payment is authorized,
shall be fined in accordance with title 18.
States amounts ultimately found not to
have been expended in accordance with this
section, or the Secretary may offset such
amounts against any other amount to which
the State is or may become entitled under
this section.
(C) The Secretary may, after notice and
opportunity for a hearing, withhold Pay-
ment of funds to any State which is not
using its allotment under this section in ac-
cordance with this section. The Secretary
may withhold such funds anti/ the Secretary
finds that the reason for the withholding has
been removed and there is reasonable assur-
ance that it will not recur.
(3) The State shall make copies of the re-
ports and audits required by this subsection
available for public inspection within the
State.
(4)(A) For the purpose of evaluating and
reviewing the assistance provided under this
section, the Secretary and the Comptroller
General shall have access to any books, ac-
counts, records, correspondence, or other
documents that are related to such assist-
ance, and that are in the possession, custo-
dy, or control of States, political subdivi-
sions thereof, or any at their grantees.
(B) In conjunction with an evaluation or
review under subparagraph (A), no State or
political subdivision thereof for grantee of
either) shall be required to create or prepare
new records to comply with subparagraph
(A).
(f) LIMITAI7ON ON PAYMENTS.-11) Payment
under this section shall not be made for
costs to the extent the costs are otherwise re:
discrimination under, any Program or ac-
tivity funded in whole or in part with funds
made available under this section.
(2) Whenever the Secretary finds that a
State or locality which has been provided
payment from an allotment under this sec-
tion has failed to comply with a provision of
law referred to in paragraph UNA), with
paragraph (1)(131, or with an applicable reg-
ulation (including one prescribed to carry
out paragraph (11(B)), he shall notify the
chief executive officer of the State and shall
request him to secure compliance. If within
a reasonable period of time, not to exceed 60
days, the chief executive officer fails or re-
fuses to secure compliance, the Secretary
may?
(A) refer the matter to the Attorney Gener-
al with a recommendation that an appropri-
ate civil action be instituted,
(B) exercise the powers and functions pro-
vided by title VI of the Civil Rights Act of
1964, the Age Discrimination Act 01 1975, or
section 504 of the Rehabilitation Act of 1973,
as may be applicable, or
(C) take such other action as may be pro-
vided by law.
(3) When a matter is referred to the Attor-
ney General pursuant to Paragraph (MA),
or whenever he has reason to believe that the
entity is engaged in a pattern or practice in
violation of a provision of law referred to in
paragraph (1)(A) or in violation of Para-
graph (1)(B), the Attorney General may
bring a civil action in any appropriate dis-
trict court of the United States for such
relief as may be appropriate, including in-
junctive relief.
It) CONSULTATION WITH STA= AND LOCAL OF-
FICIALL?In establishing regulations and
guidelines to carry out this section, the Sec-
retary shall consult with representatives of
State and local governments.
(j) Dzsvirrioms.?For purposes of this sec-
(11 The term "State" has the meaning
given such term in section 101(al(36) of the
Immigration and Nationality Act.
(2) The term "programs of public assist-
ance" means programs in a State or beat ju-
risdiction which?
(A) provide for cash, medical, or other as-
sistance (as defined by the Secretary) de-
signed to meet the basic subsistence or
health needs of individuals,
(B) are generally available to needy indi-
viduals residing in the State or locality, and
(C) receive funding from units of State or
local government.
0) The term "programs of public health
assistance" means programs in a State or
local jurisdiction which?
(A) provide public health services, includ-
ing immunizations for immunizable dis-
eases, testing and treatment for tuberculosis
and sexually-tranirmitted diseases, and
family planning services,
(B) are generally available to needy indi-
viduals residing in the State or locality, and
contain such in,fo OM as
determines (after consultation with the United States Code, imprisoned for not more
States and the Comptroller General) to be than five years, or both. . (C) receive funding from units of State or
necessary? (h) ANTI-DISCRIMINA770N PROVISION.?(1)(A) local government
lil to secure an accurate description of For the purpose of applying the prohibitions (4) The term "eligible legalized alien"
those activities, against discrimination on the basis of age means an alien who has been granted lawful
(ii) to secure a complete record of the par- under the Age Discrimination Act of 1975, temporary resident status under section
poses for which funds were spent, and of the on the basis of handicap under section 504 245A of the Immigration and Nationality
recipients of such funds, and of the Rehabilitation Act of 1973, on the Act, but only wait the end of the five-year
(iii) to determine the extent to which basis of sex under title IX of the Education period beginning on the date the alien was
funds were expended consistent with this Amendments of 1972, or on the basis of race, granted such status. _
section. color, or national origin under title VI of TITLE III?REFORM OF LEGAL
Copies of the report shall be provided, upon the Civil Rights Act of 1964, programs and IMMIGRATION
request, to any interested public agency, and activities funded in whole or in part with
each such agency may provide its views on funds made available under this section are PART A?TairpoRARY AGRICULTURAL WORRIERS
these reports to the Congress. considered W be programs and activities re- EEC Sal. II-SA ACIUCULIVRAL WORKERS.
(B) The Secretary shall annually report to ceiving Federal financial assistance. (a) PROVIDING Nzw "If-2A" Norostmlansur
the Congress on activities funded under this (13) No person shall on the ground of sex or CL4SSMCAT1ON FOR TEMPORARY AGRICULTURAL
section and shall provide for transmittal of religion be excluded from participation in, LABOR.?Parapuph (151(11) of section 101(a)
a copy of such report to each State. be denied the benefits of, or be subjected to (8 ILS.C. 1101(a)) is amended by striking
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October 14, 1986 CONGRESSIONAL RECORD ? HOUSE
-out "to perform temporary services or
labor," in clause fit) and inserting in lieu
thereof "fa) to perform agricultural labor or
sen ices. as defined by the Secretary of
Labor in regulations and including agricul-
tural labor defined in SeeliOn 3121(g) of the
Internal Revenue Code of 1959 and agricul-
ture as defined in section 3( f) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
2031.11), of a temporary or seasonal nature,
or (b1 to perform other temporary service or
labor".
(b) INvoLiTMENT OF DEPARTMENTS OF LABOR
AND AGRICULTURE IN H-2A PROGRAM.?Section
214(cr (8 U.S.C. 1189(c)) is amended by
adding at the end the following: "For pur-
poses of this subsection with respect to non-
immigrants described in section
101(a)(15)(H)fii)lal, the term 'appropriate
agencies of Government' means the Depart-
ment of Labor and includes the Department
of Agriculture. The provisions of section 216
shall apply to the question of importing any
alien as a nonimmigrant under section
101(a)(15)(11)(iilla).".
ICI ADMISSION OF H-2A WORKERS.?Chapler
2 of title If is amended by adding after sec-
tion 215 the following new section:
':fitrAnssIoN OF TEMPORARY II-2A WORKERS
"SEr. 216. (a) CONDITIONS FOR APPROVAL OF
? 2A PermoNs.?(1) A petition to import an
alien as an H-2A worker (as defined in sub-
section (0(2)) may not be approved by the
Attorney General unless the petitioner has
applied to the Secretary of Labor for a certi-
fication that?
"(A) there are not sufficient workers who
are able, willing, and qualified, and who
will be available at the time and place
needed, to perform the labor or services in-
volved in the petition, and
"(13i the employment of the alien in such
labor or services will not adversely affect the
wages and working conditions of workers in
the United States similarly employed.
"(21 The Secretary of Labor may require by
regulation, as a condition of issuing -the cer-
tification, the payment of a fee to recover
the reasonable costs of processing applica-
tions for certification.
"(b) CONDITIONS FOR DENIAL OF LABOR CER-
rincArionh?The Secretary of Labor may not
issue a certification under subsection (a)
with respect to an employer if the condi-
tions described in that subsection are not
met or if any of the following conditions are
met:
"(Ii There is a strike or lockout in the
course of a labor dispute which, under the
regulations, precludes such certification.
"(2)(A) The employer during the previous
two-year period employed H-2A workers and
the Secretary of Labor has determined, after
notice and opportunity for a hearing, that
the employer at any time during that period
substantially violated a material term or
condition of the labor certification with re-
spect to the employment of domestic or non-
immigrant workers.
"(B) No employer may be denied certifica-
tion under subparagraph (A) for more than
three years for any violation described in
such subparagraph.
"(31 The employer has not provided the
Secretary with satisfactory assurances that
if the employment for which the certifica-
tion is sought is not covered by State work-
ers' compensation law, the employer will
provide, at no cost to the worker, insurance
covering injury and disease arising out of
and in the course of the worker's employ-
ment which will provide benefits at least
equal to those provided under the State
workers' compensation law for comparable
employment,
"(0 The Secretary determines that the em-
ployer has not made positive recruitment ef-
forts within a multi-state region of tradi-
tional or expected labor supply where the
Secretary finds that there are a significant
number of qualified United States workers
who, if recruited, would be willing to make
themselves available for work at the time
and place needed. Positive recruitment
under this paragraph is in addition to, and
shall be conducted within the same time
period as, the circulation through the inter-
state employment service system of the em-
ployer's job offer. The obligation to engage
in positive recruitment under this para-
graph shall terminate on the date the II-2A
workers depart for the employer's place of
employment.
"(c) SPECIAL RULES FOR CONSIDERATION OF
APPLICATIONS.?The following rules shall
apply in the case of the filing and consider-
ation of an application for a labor certifica-
tion under this section:
"(1) DEADLINE FOR FILING APPLJCATIONS.?
The Secretary of Labor may not require that
the application be filed more than 60 days
before the first date the employer requires
the labor or services of the R-2A worker.
"(21 NO77CE WITHIN SEVEN DAYS OF DEFICIEN-
CIES.?(A) The employer shall be notified in
writing within seven days of the date of
filing if the application does not meet the
standards (other than that described in sub-
section (a)(1)(A)) for approval.
"(B) If the application does not meet such
standards, the notice shall include the rea-
sons therefor and the Secretary shall Provide
an opportunity for the prompt resubmission
of a modified application.
"(3) ISSUANCE OF CERTIFICA770N.?(A) The
Secretary of Labor shall make, not later
than 20 days before the date such labor or
services are first required to be performed,
the certification described in subsection
(a)(1) if?
"(i) the employer has complied with the
criteria for certification (including criteria
for the recruitment of eligible individuals as
prescribed by the Secretary), and
"(if) the employer does not actually have,
or has not been provided with referrals af
qualified eligible individuals who have indi-
cated their availability to perform such
labor or services on the terms and condi-
tions of a job offer which meets the require-
ments of the Secretary.
In considering the question of whether a
specific qualification is appropriate in a job
offer, the Secretary shall apply the normal
and accepted qualifications required by
non-H-2A-employers in the same or compa-
rable occupations and crops.
"(B/ti) For a period of 3 years subsequent
to the effective date of this section, labor cer-
tifications shall remain effective only if
from the time the foreign worker departs for
the employer's place of employment, the em-
ployer will provide employment to any
qualified United States worker who applies
to the employer until $0 percent of the
period of the work contract, under which the
foreign worker who is in the job ACOA hired,
has elapsed. In addition, the employer will
offer to provide benefits, wages and working
conditions required pursuant to this section
and regulations.
"(ii) The requirement of clause (i) shalt
not apply to any employer who?
"(I) did not, during any calendar quarter
during the preceding calendar year, use
more than 500 man-days of agricultural
labor, as defined in section Nu) of the Fair
Labor Standards Act of 1938 (29 U.S.0
203(u)),
"(II) is not a member of an association
which has petitioned for certification under
this section for its members, and
"(1111 has not otherwise associated with
other employers who are petitioning for tem-
porary foreign workers under this section.
H 10081
"(hi Six months before the end of the 3-
year period described in clause the Secre-
tary of Labor shall consider the findings of
the report mandated by section 403(a)(41(D)
of the Immigration Reform and Control Act
of 1986 as well as other relevant materials.
including evidence of benefits to United
States workers and costs to employers, ad-
dressing the advisability of continuing a
policy which requires an employer, as a con-
dition for certification under this section, to
continue to accept qualified. eligible United
States workers for employment after the date
the H-2A workers depart for work with the
employer. The Secretary's review of such
findings and materials shall lead to the issu-
ance of findings in furtherance of the Con-
gressional policy that aliens not be admitted
under this section unless there are not suffi-
cient workers in the United States who are
able, willing, and qualified to perform the
labor or service needed and that the employ-
ment of the aliens in such labor or services
will not adversely affect the wages and
working conditions of workers in the United
States similarly employed. /n the absence of
the enactment of Federal legislation prior to
three months before the end of the 3-year
period described in clause (0 which address-
es the subject matter of this subparagraph,
the Secretary shall immediately publish the
findings required by this clause, and shall
PrOmulgate, on an interim or final basis,
regulations based on his findings which
shall be effective no later than three years
from the effective date of this section.
"(iv) In complying with clause (0 of this
subparagraph, an association shall be al-
lowed to refer or transfer workers among Us
members: Provided, That for purposes of this
section an association acting as an agent
for its members shall not be considered a
joint employer merely because of such refer-
ral or transfer.
"(v) United States workers referred or
transferred pursuant to clause (iv) of this
subparagraph shall not be treated disparate-
ly.
"roil An employer shall not be liable for
payments under section 655.202(b)(6) of title
20, Code of Federal Regulations (or any suc-
cessor regulation) with respect to an II-2A
worker who is displaced due to compliance
With the requirement of this Subparagraph,
if the Secretary of Labor certifies that the
2.4 worker was displaced because of the em-
ployer's compliance with clause (i) of this
subparagraph.
"Ivii)(1) No person or entity shall willfully
and knowingly withhold domestic workers
prior to the arrival of H-2A workers in order
to force the hiring of domestic workers
under clause (i).
"(II) Upon the receipt of a complaint by
an employer that a violation of subclause (I)
has occurred the Secretary shall immediate-
ly investigate. He shall within 36 hours of
the receipt of the complaint issue findings
concerning the alleged violation. Where the
Secretary finds that a violation has oc-
curred, he shall immediately suspend the ap-
plication of clause (i) of this subparagraph
with respect to that certification for that
date of need.
"(4) HOUSING.?Employers shall furnish
housing in accordance with regulations. The
employer shall be permitted at the employ-
er's option to provide housing meeting ap-
plicable Federal standards for temporary
labor camps or to secure housing which
meets the local standards for rental and/or
public accomodations or other substantially
similar class of habitation: Provided, That
in the absence of applicable local standards,
State standards for rental and/or public ac-
comodations or other substantially similar
class of habitation shall be met: Provided
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CONGRESSIONAL RECORD ? HOUSE October 14, 1986
further. That in the absence of applicable
local or State standards, Federal temporary
labor camp standards shall apply: Provided
further, That the Secretary of Labor shall
issue regulations which address the specific
requirements of housing for employees prin-
cipally engaged in the range production of
livestock Provided further, That when it is
the prevailing practice in the area and occu-
pation of intended employment to provide
family housing, family housing shall be pro-
vided to workers with families who request
IL- And provided further, That nothing in
this paragraph shall require an employer to
provide or secure housing for workers who
are not entitled to it under the temporary
labor certification regulations in effect on
June 1, 1986.
"(d) ROLES or AGRICULTURAL Assoczi-
77ONS.?
"( 1) PERMITTING FILING BY AGRICULTURAL AS-
socurioNs.?A petition to import an alien as
a temporary agricultural worker, and an ap-
plication for a labor certification with re-
spect to such a worker, may be filed by an
association of agricultural producers which
use agricultural services.
"(2) TREATMENT OF ASSOCIATIONS ACTING AS
EMPLOYERS.?If an association is a joint or
sole employer of temporary agricultural
workers, the certifications granted under
this section to the association may be used
for the certified job opportunities of any of
its producer members and such workers may
be transferred among its producer members
to perform agricultural services 0/a tempo-
rary or seasonal nature for which the certifi-
cations were granted
"(3) TREATMENT OF VIOLATIONS.?
"(A) MEMBER'S VIOLATION DOES NOT' NECES-
SARILY DISQUALIFY ASSOCIATION OR OTHER REM-
BERS.?If an individual producer member of
a joint employer association is determined
to have committed an act that under subsec-
tion (b)(2) results in the denial of certifica-
tion with respect to the member, the denial
shall apply only to that member of the asso-
ciation unless the Secretary determines that
the association or other member participat-
ed in, had knowledge ctf, or reason to know
of, the violation.
"(B) ASSOCIATTON VIOLATION DOES NOT NEC-
ESSARILY DISQUALIFY MEMBERS.?(4) If an asso-
ciation representing agricultural producers
as a joint employer is determined to have
committed an act that under subsection
(b)(2) results in the denial of certification
with respect to the association, the denial
shall apply only to the association and does
not apply to any individual producer
member of the association unless the Secre-
tary determines that the member participat-
ed in, had knowledge of, or reason to know
of, the violation-
"(ii) If an association of agricultural pro-
ducers certified as a sole employer is deter-
mined to have committed an act that under
subsection (6)(2) results in the denial of cer-
tification with respect to the association, no
individual producer member of such asso-
ciation may be the beneficiary of the serv-
ices of temporary alien agricultural workers
admitted under this section in the commodi-
ty and occupation in which such aliens were
employed by the association which was
denied certification during the period such
denial is in force, unless such producer
member employs such aliens in the commod-
ity and occupation in question directly or
through an association which 43 a joint em-
ployer of such workers with the producer
member.
"(e) EXPEDITED ADMINISTRATIVE APPEALS OF
CERTAIN DEITRMINATIONs.?(1 ) Regulations
shall provide for an expedited procedure for
the review of a dental of certification under
subsection (a)(1) or a revocation of such a
certification or, at the applicant's request,
for a de novo administrative hearing re-
specting the denial or revocation.
"(2) The Secretary of Labor shall expedi-
tiously, but in no case Later than 72 hours
after the time a new determination is re-
quested, make a new determination on the
request for certification in the case of an H-
U worker if able, willing, and qualified eli-
gible individuals are not actually available
at the time such labor or services are re-
quired and a certification was denied in
whole or in part because of the availability
of qualified workers. If the employer asserts
that any eligible individual who has been re-
ferred is not able, willing, or qualified, the
burden of proof is on the employer to estab-
lish that the individual referred is not able,
willing, or qualified because of employment-
related reasons.
"(f) VIOLATORS DIsouAurrsv FOR $ YEARS.?
An alien may not be admitted to the United
States as a temporary agricultural worker if
the alien was admitted to the United States
as such a worker within the previous five-
year period and the alien during that period
violated a term or condition of such previ-
ous admission.
"(g) AUTHORIZATIONS OF APPROPRIATIONS.?
(1) There are authorized to be appropriated
for each fiscal year, beginning with fiscal
year 1987, $10,000,000 for the purposes?
"(A) of recruiting domestic workers for
temporary labor and services which might
otherwise be performed by nonimmigrant*
described in section 101(a)(15)(H)(ii)(a),
and
"(B) of monitoring terms and conditions
under which such nonimmigrants (and do-
mestic workers employed by the same em-
ployers) are employed in the United States.
"(2) The Secretary of Labor is authorized
to take such actions, including imposing ap-
propriate penalties and seeking appropriate
injunctive relief and specific performance of
contractual obligations, as may be necessary
to assure employer compliance with terms
and conditions of employment under this
section
"(3) There are authorized to be appropri-
ated for each fiscal pear, beginning with
fiscal year 1987, such sums as may be neces-
sary for the purpose of enabling the Seem-
tarry of Labor to make determinations and
certifications under this section and under
section 212(a)(14).
"(4) There are authorized to be appropri-
ated for each fiscal year, beginning with
fiscal year 1987, such sums as may be neces-
sary for the purposes of enabling the Secre-
tary of Agriculture to carry out the Secre-
tary's duties and responsibilities under this
section.
"(h I ALseELLANEous PRovrEroNs.?(1) The
Attorney General shall provide ,for such en-
dorsement of entry and exit documents of
nonimmi grants described in section
101(a)(15)(11)(ii) as may be necessary to
carry out this section and to provide notice
for purposes of section 274A.
"(2) The provisions of subsections (a) and
(c) of section 214 and the provisions of this
section preempt any State or local law regu-
lating admissibility of nonimmigrant work-
ers.
"(i) DETINTfloNs.?For purposes of this sec-
tion:
"(1) The term 'eligible individual' means,
with respect to employment, an individual
who is not an unauthorized alien (as de-
fined in section 274A(g)) with respect to that
employment.
"(2) The term 'H-211 worker' means a non-
immigrant described in section
101(a)(15)(H)(ii)(a).".
(d) EFFECTIVE DATE.?The amendments
made by this section apply to petitions and
applications filed under sections 214(c) and
216 of the Immigration and Nationality Act
on or after the first day of the seventh
month beginning after the date of the enact-
ment of this Act (hereinafter in this section
referred to as the "effective date").
tel REGULATIONS.?The Attorney General,
In consultation with the Secretary of Labor
and the Secretary of Agriculture, shall ap-
prove all regulations to be issued imple-
menting sections 101(a)(15)(H)(ii)(a) and
216 of the Immigration and Nationality Act.
Notwithstanding ? any other provision of
law, final regulations to implement such
sections shall first be issued, on an interim
or other basis, not later than the effective
data
(f) SENSE OF CONGRESS RESPECTTPX3 CONSUL-
TATION WITH MEXIC0.?It is the Seale Of Con-
gress that the President should establish an
advisory commission which shall consult
with the Governments of Mexico and of
other appropriate countries and advise the
Attorney General regarding the operation of
the (Wen temporary worker program estab-
lished under section 216 of the Immigration
and Nationality Act.
(g) CONFORNING AMENDMENT so TABLE or
Commers.?The table at contents is amended
by inserting after the item relating to sec-
tion 215 the following new item:
"Sec. 216. Admission of temporary H-L4
workers.".
SEC AIL LAWFUL RESIDENCE FOR CIERTAIN SPE-
CIAL AGRICULTURAL WORRIMS
(a) IN GENERAL.?(1) Chapter 1 of title Ills
amended by adding at the end the following
new section.'
'SPECIAL AGRICULTURAL WORKISS
"Sec. 210. (a) LAWFUL RESIDENCZ.?
"III IN CENERAL.?The Attorney General
shall adjust the status of an alien to that of
an alien lawfully admitted for temporary
residence if the Attorney General determines
that the alien meets the following require-
ments:
"(A) APPLICATION Pwitom?The alien must
apply for such adjustment during the 18-
month period beginning on the first day of
the seventh month that begins after the date
of enactment of this section.
"(13) PERFORMANCE or SEASONAL AGRICUL-
TURAL SIM WM AND RESIDENCE Di THE MINIM
STATEIL?The alien must establish that he
has?
"IV resided in the United States, and
"(it) performed seasonal agricultural serv-
ices in the United States for at least 90 man-
days,
during the 12-month period ending on May
1, 1986. For purposes of the Previous sen-
tence, performance of seasonal agricultural
services in the United States for more than
one employer on any one day shall be count-
ed as performance Of services for only 1
man-day.
"(CI Ansossnui AS ntserower.?The alien
must establish that he is admissible to the
United States as an immigrant, except as
otherwise provided under subsection (c)(2).
"(2) ADJUSTMENT TO PERMANENT imp
DENCE.?The Attorney General shall adjust
the status of any alien provided lawful tem-
porary resident status under paragraph (1)
to that of an alien lawfully admitted for per-
manent residence on the following date:
"(A) GROUP I.?Subject to the numerical
limitation established under subparagraph
(C), in the case of an alien who has estab-
lished, at the time of application for tempo-
rary residence under paragraph (1). that the
alien performed seasonal agricultural serv-
ices in the United States for at least WI man-
days during each of the 12-months periods
ending on May 1, 1984, 1985, and 1986, the
adjustment shall occur on the first day after
the end of the one-year period that begins on
the later of (I) the date the alien was grant-
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ed
CONGRESSI
such tempolu ry resident status, or (II)
tile alter Me last day of the application
Period described is paragraph (11(A).
-18) Geom. 2.? In the case of aliens to
which wapporocroph (A) does not apply, the
adnistment shall occur on the day after the
last day of the two-year period that begins
on the later of (I) the date the alien was
granted such temporary resident status, or
(II) the day after the last day of the applica-
tion period described in paragraph M(A).
NUMKRIcAL LIMI7'A770N.--Subpara-
graPh (A) shall not apply to more than
350.000 aliens. If more than 350,000 aliens
meet the requirements of such subpara-
graph, such subparagraph shall apply to the
350,000 ahem whose applications for adjust-
ment were first filed under paragraph (1)
and subparagraph (B) shall apply to the re-
maining aliens.
"(3) Ikrueuessron o remroeurr nem-
Pence?During the period of temporary resi-
dent status granted an alien under para-
graph (1). the Attorney General may termi-
nate such status only upon a determination
under this Act that the alien is deportable.
"01 Avisionizzo TRAVEL AMD smsorsessfr
DURING TEMPORARY RXSIDENCE?During the
Period an alien is in lawful temporary resi-
dent status granted under this subsection,
the alien has the right to travel abroad (in-
cluding commutation from a residence
abroad) and shall be granted authorization
to engage in employment in the United
States and shall be provided an 'employment
authorieee endorsement or other aPPrOPrt-
ate wont permit, in the same manner as for
aliens lawfully admitted for permanent resi-
dence.
"(5) IN GENERAL?Except as otherwise Pro-
vided in this subsection, an alien who ac-
quires the status of an alien lawfully admit-
ted for temporary residence under pare-
graph (1), such status not having changed,
is considered to be an alien lawfully admit-
ted for permanent residence (as described in
*Eaton 101(a)(20)), other than under any
provision of the inunigratiox laws.
"QV APPLIcartoss rot: ADJUSTMENT or
"(1) To WHOM Jur is &UHL?
"(A) Wilson me UNIT= STATTS.?The Attcrr-
see, General shall provide that applications
for adjustment of status under subsection
/al may be filed?
"IV with the Attorney General, or
"ail with a designated entity (designated
under paragraph (2)), but only if the appli-
cant consents to the forwarding of the appli-
cation to the Attorney GeneraL
ONAL RECORD ? HOUSE H 10083
status under section 209 or 245, Public La
89-732, or Public Law 95-145.
"(3) PROOF OF EIJOIBILITY.?
GENERAL?An alien may establish
that he meets the requirement of subsection
(a)(11IBItii) through government employ-
nient records, records supplied by employers
or collective bargaining organizations, and
such other reliable documentation as the
alien may Provide. The Attorney General
shall establish special procedures to credit
properly work in cases in which an alien
was employed under an assumed name.
"(B) DOCUMEIVTAIION OP WORK HISTORY.?(i)
An alien applying for adjustment of status
under subsection (alit) has the burden of
proving by a preponderance of the evidence
that the alien has worked the requisite
number of man-days (as required under sub-
section (a)(1)(B)(ii)).
"(it) If an employer or farm tabor contrac-
tor employing such an alien has kept proper
and adequate records respecting such em-
ployment, the alien's burden of proof under
clause (i) may be met by securing timely
production of those records under regula-
tions to be promulgated by the Attorney
General
"(lii) An alien can meet such burden of
proof if the alien establishes that the alien
has in fact performed the work described in
subsection (a)(1)113)(ii) by producing suffi-
cient evidence to show the extent of that em-
t as a matter of Just and reasonable
inference. In such a case, the burden then
shifts to the Attorney General to disprove
the alien's evidence with a showing which
negates the reasonableness of the inference
to be drawn from the evidence.
"141 Murmur,' or APPLICATIONS BY DES10-
NA= stermze?Sach designated entity
Mat agree to forward to the Attorney Gen-
ern, applications filed with it in accordance
with paragraph (/)(4)(ii) but not to forward
to the Attorney General applications filed
with it unless the applicant has consented to
such forwarding. No such entity may make
a determination requited by this section to
be made by the Attorney GeneraL
"(5) Lnerrartore ON ACCESS To WORM-
nom?Files and swords prepared for pur-
poses of this section by designated entities
operating under this
it
re confiden-
tial and the Attorney General and Me Serv-
ice shall not have access to such files or
-records relating to an alien without the con-
sent of the alien.
"(6) Cosannirerza.trr or INFORMATION.--Nei-
ther the Attorney General, nor any other of-
ficial or employee of the Department of Jus-
ice, or bureau or agency thereof may?
"(A) use the information furnished pursu-
tot to an application filed under this sec-
ion for any purpose other than to make a
determination on the application or for en-
orcement cif paragraph (7),
"(B) make any publication whereby the in-
ormation furnished by any particular indi-
vidual can be identified or
"(C) permit anyone other than the sworn
fficers and employees of the Department or
ureau or agency or, with respect to applica-
ions filed with a designated entity, that
designated entity, to examine individual air
lications.
nycrne who uses, publishes, or permits in-
ormation to be examined in violation of
Is paragraph shall be fined in accordance
th title 18, United States Code, or impris-
oned not more than five years, or both.
"(7) PENALTIES FOR FALSE STATEMENTS IN AP-
lJcA
"(A) CRIMINAL PENALTY.--Whoever?
"Iii files an application for adjustment of
atia under this section and knowingly and
will/idly falsifies, conceals, or covers up a
terial fact or makes any false, fictitious.
"(B) OM:DE ME UNIT= STATTS.?The At- ,
torney General, in cooperation with the Sec-
retary of State, shall provide a procedure
whereby an alien may apply for adjustment 42
of status under subsection (a)(1) at an ap-
propriate consular office outside the United
States. If the alien otherwise qualifies for f
such adfustment, the Attorney General shall ,
provide such documentation of authorize-
tion to enter the United States and to have
the alien's status adjusted upon entry as
may be necessary to carry out the provisions ?
of this section.
"(2) DESIGNATION OF EN7777ES TO RECEIVE AP-
PLICATIONS.?For purposes of receiving appli-
cations under this section, the Attorney P
General-- A
"(A) shall designate qualified voluntary
organizations and other qualified State, th
local, community, farm labor organizations, wi
and associations of agricultural employers,
and
"(131 may designate such other persons as P
the Attorney General determines are quali-
fied and have substantial experience, dem-
crnstrated competence, and traditional long- at
term involvement in the preparation and
submittal of applications for adjustment of ma
or fraudulent statements or representations,
or makes or uses any false writing or docu-
ment knowing the same to contain any
false, fictitious, or fraudulent statement or
entry, or
"(ii) creates or supplies a false writing or
document for use in making such an appli-
cation,
shall be fined in accordance with title .18.
United States Code, or imprisoned not more
than five years, or both.
"(B) EXCLUSION.?An alien who is convict-
ed 0/a crime under subparagraph (A) shall
be considered to be inadmissible to the
United States on the ground described in
section 212(a)(19).
"(CI WAIVER OP NUMERICAL LIMMATIONS AND
CERTAIN GROUNDS FOR EXCLUSION.?
"( .1) NUMERICAL LIMITATIONS DO NOT APPLY.?
The numerical limitations of sections 201
and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status
under this section.
"(2) WAIVER OF GROUNDS FOR =mums.?
In the determination of an anent admissi-
bility under subsection (a)l 1)(C)?
"(A) GROUNDS OF EXCZUSION NOT APPLICA-
atx.?The provisions of Paragraphs (14),
(20), (21), (25), and (321 of section 2124a)
shall not apply.
"(B) WAIVER OF OMER GROUNDS.?
"(i) IN GENERAL.?Except as provided in
clause HO, the Attorney General may waive
any other provision of section 212(a) in the
case of individual aliens for humanitarian
purposes, to assure family unity, or when it
is otherwise in the public interest.
"(ii) Gnomes THAT MAY NOT sr WAIVED.?
The following provisions of section 212(a)
may not be waived by the Attorney General
under clause (i).
"a) Paragraph (1) and (101 (relating to
criminals).
"(II) Paratrroph (15) (relating to aliens
likely to become public charges).
"(Ill) Paragraph (23) (relating to drug of.
lenses), except for so winch of such para-
graph as relates to a single offense of simple
possession of 30 grams or len Of marihuana-
"(Ilr) ParagraPhs (27), 4284 and (29) (re-
lating to national security and members of
certain ornanizations).
"(V) Paragraph (33) (relating to those sato
assisted in the Nazi persecutions).
"(C) SPECIAL Ruts rose DITSRMINATION OP
PUBLIC CHARGE.?An alien is not ineligible
for adjustment of status under this section
due to being inadmissible under section
212(a)(15) if the alien demonstrates a histo-
ry of employment in the United States evi-
dencing self-support without reliance on
public cash assistance..
"(d) TEMPORARY STAY OF EXCLUSION OR DE-
PORTA770N AND WORK AUTHORIZATION FOR
CERTAIN APPLICANTS.?
"(I) BEFORE APPLICATION PERIOD.?The At-
torney General shall provide that in the case
of an alien who is apprehended before the
beginning of the application period de-
scribed in subsection &WV and who can es-
tablish a rionfrivolous case of eligibility to
have his status adjusted under subsection
(a) (but for the fact that he may not apply
for such adjustment until the beginning Of
such period), until the alien has had the op-
portunity during the first 30 days of the ap-
plication period to complete the filing of an
application for adjustment, the alien?
"(.4) may not be excluded or deported, and
"031 shall be granted authorization to
engage in employment in the United States
and be provided an 'employment authorized'
endorsement or other appropriate work
permit.
"(2) DURING APPLICATION pasros.?The At-
torney General shall provide that in the case
of an alien who presents a nonfrivolous op.
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11 10084 CONGRESSIONAL RECORD ? HOUSE October 14, 1986
placation for adjustment of status under (2) The table of contents is amended by in- the requirements for seasonal agricultural
subsection (a) during the application setting after the item relating to section 209 services as a result of?
period, and until a jinn/ determination on the following new item: "(I) growth or contraction in the seasonal
the application has been made in accord- "Sec. 210. Special agricultural workers.". agriculture industry, and
ance with this section, the alien?"(II) the use of technologies and personnel
lb) CONFORMING AMENDMENTS.?(l) Section
"(11 ) may not be excluded or deported' 4021f) and of the Social Security Act (as added by practices that affect the need for, and reten-
"(B) shall be granted authorization totion of, workers to perform such services.
section 201(b)(1) of this Act) is amended?
engage in employment in the United States (A) by inserting "and subsection (j) of sec- "(5) DETERMINATION OF SUPPLY.?For pia-
and be provided an 'employment authorized' tion 210 of such Act" before the period at the poses of paragraph (21(B), the anticipated
endorsement or other appropriate work end of paragraph (1):supply of special agricultural workers for a
permit. (B) by inserting "or (f)" after "such sub_ fiscal year is determined CIS follows:
"(el ADMINISTRATIVE AND JUDICIAL REVIEW.? section (h I" in paragraph (2): and "(AI BASE.?The Secretaries shall use the
"(I) ADMINISTRATIVE AND JUDICIAL REVIEW.? (C) by inserting "or 210" after "such sec- number estimated under paragraph (4)(A).
There shall be no administrative or Judicial tion 245A" in paragraph (2/. "IBI ADJUSTMENT FOR RETIREMENTS AND IN-
review of a determination respecting an ap- (2) The last sentence of section 472(a) of CREASED RECRUITMENT?The Secretaries shall
plication for adjustment of status under this such Act las added by section 201(b)(2)(A) of jointly?
section except in accordance with this sub- this Act) is amended by inserting "or 210(1)" "(i) decrease such number by the number
section. after "245Alh )". of man-days of labor in seasonal agricultur-
"(2) ADMINISTRATIVE REVIEW.?SEC. JAL DETERMINATIONS OF AGRICULTURAL al services in the United States that will be
"(A) SINGLE LEVEL OF ADMINISTRATIVE APPEL- LABOR SHORTAGES AND ADMISSION OF lost due to retirement and movement of
LATE REVIEW?The Attorney General shall es- ADDITIONAL SPECIAL AGRICULTURAL workers out of performance of seasonal agri-
tablish an appellate authority to provide for WORKER& cultural services, and
a single level of administrative appellate (a) IN GENERAL.?Chapter 1 of title II is "(it) increase such number by the number
review of such a determination amended by adding after section 210 (added of additional man-days of labor in seasonal
"(B) STANDARD rou REVIE1V.?Such adnzinis- by section 302 of this title) the following agricultural services in the United States
trative appellate review shall be based solely new section: that can reasonably be expected to result
upon the administrative record established "DETERMINATION OF AGRICULTURAL LABOR from the availability of able, willing, quali-
at the time of the determination on the ap- SHORTAGES AND ADMISSION or ADDITIONAL lied, and unemployed special agricultural
plication and upon such additional or SPECIAL AGRICULTURAL WORKERS workers, rural low skill, or manual, laborers,
newly discovered evidence as may not have "SEC. 210A. (a) DETERMINATION OF NEED TO and domestic agricultural workers
been available at the time of the determina- ADMIT ADDITIONAL SPECIAL AGRICULTURAL "IC) BASES FOR INCREASED NUMBER?In
tion. WORKERS.? making the adjustment under subparagraph
(BMW, the Secretaries shall consider?
"(3) JUDICIAL REVIEW.? "(1) IN GENERAL.?Before the beginning of
"(A) LIMITATION To REVIEW or EXCLUSION OR each fiscal year (beginning with fiscal year the effect, if any, that improvements
DEPORTATION.?There shall be judicial review 1990 and ending with fiscal year 1993), the in wages and working conditions offered by
of such a denial only in the judicial review secretaries of Labor and Agriculture (in this employers will have on the availability of
of an order of exclusion or deportation section referred to as the 'Secretaries') shall workers to perform seasonal agricultural
under section 106. jointly determine the number if any services, taking into account the adverse
"(li) STANDARD FOR JUDICIAL REVIEW.?Such ditional aliens who should be admitted to effect, if any, of such improvements in
Judicial review shall be based solely upon the United States or who should otherwise wages and and nrifing ir!!i,t143118_,.?1%,?tira.ec?,,,,-
the administrative record established at the acquire the status of aliens lawfully admit- nniiiiu enniPe""venes. of '''''' i''''"'""`"` -"-
time of the review by the appellate authority ted for temporary residence under this sec- ricultural industry,
and the findings of fact and determinations tion during the fiscal year to meet a short- lit) the effect, if any, of enhanced recruit-
contained in such record shall be conclusive ape of workers to perform seasonal agrictd- merit efforts by the employers of such work-
? n,. applicant can establish abuse of tural services in the United States during
ens and government employment services in
al
the tradition and expected areas of supply
of such workers, and
"(iii) the number of able, wilting and
qualified individuals who apply for employ-
ment opportunities in seasonal agricultural
services listed with offices of government
employment services.
"(DI CONsTRUCTION.?Nothing in this sub-
section shall be deemed to require any indi-
vidual employer to pay any specified level of
wages, to provide any specified working
conditions, or to provide for any specified
recruitment of workers.
"(6) DETERMINATION OF MAN-DAY PER
WORKER FACTOR.?
"(A) FISCAL YEAR MO.?For fiscal year
1990?
"Iil IN GENERAL.?Subject to clause (ii), for
purposes of paragraph (2) the factor under
this paragraph is the average number, as es-
timated by the Director of the Bureau of the
Census under subsection (b)(3)(A)(ii), of
man-days of seasonal agricultural services
performed in the United States in fiscal year
1989 by special agricultural workers whose
status is adjusted under section 210 and
discretion or that the findings are directly the year. Such number is, in this section, re-
contrary to clear and convincing facts con- jetted to as the 'shortage number'.
tamed in the record considered as a whole. "(2) OVERALL DETERMINATION.?The short-
"(f) TEMPORARY DISQUALIFICATION OF NEWLY age number is?
LEGALIZED ALIENS FROM RECEIVING Aro TO "(A) the anticipated need for special agri-
FAMILIES WITH DEPENDENT CHILDREN.? cultural workers (as determined under para-
During the five-year period beginning on the graph (4)) for the fiscal year, minus
date an alien was granted lawful temporary "(B) the supply of such workers (as deter-
resident status under subsection (a), and mined under paragraph (5)) for that year,
notwithstanding any other provision of law, divided by the factor (determined under
the alien is not eligible for aid under a State paragraph (6)) for man-days per worker.
plan approved under part A of title IV of the "(3) No REPLENISHMENT IF NO SHORTAGE--In
Social Security Act. Notwithstanding the determining the shortage number, the Secre-
previous sentence, in the case of an alien taries may not determine that there is a
who would be eligible for aid under a State shortage unless, after considering all of the
plan approved under part A of title IV of the criteria set forth in paragraphs (4) and (54
Social Security Act but for the previous sen- the Secretaries determine that there will not
tence, the provisions of paragraph (3) of sec- be sufficient able, willing, and qualified
lion 245A(h ) shall apply in the same manner workers available to perform seasonal agri-
as they apply with respect to paragraph (1) cultural services required in the fiscal year
of such section and, for this purpose, any involved.
reference in section 245A (h )(3) to paragraph "(4) DETERMINATION OF NEED.?For purposes
(1) is deemed a reference to the previous sen- of paragraph (2)(A), the anticipated need for
tence. special agricultural workers for a fiscal year
"(g) TREATMENT OF SPECIAL AGRICULTURAL is determined as follows:
WORKERS.?For all purposes (subject to sub-(A) BASE.?The
? shall ? *ntl
sections (b)(3) and (f)) an alien whose status estimate, using statistically valid methods, who performed seasonal agricultural se -
is adjusted under this section to that of an the number of man-days of labor performed ices in the United States at any time during
alien lawfully admitted for permanent resi- in seasonal agricultural services in the the fiscal year.
d,ence, such status not having changed, shall United States in the previous fiscal year. "Nil LACK OF ADEQUATE INFORMATION if
be considered to be an alien lawfully admit- "(B) ADJUSTMENT FOR CROP LOSSES AND the Director determines that?
ted for permanent residence (within the CHANGES IN INDUSTRY.?The Secretaries shall "(I) the information reported under sub-
meaning of section 101(a)(20)1. jointly? section (b)(2)(A) is not adequate to make a
"(hi SEASONAL AGRICULTURAL SERVICES DE- "(i) increase such number by the number reasonable estimate of the average number
FINED.?In this section, the term 'seasonal of man-days of labor in seasonal agricultur- described in clause (i), but
agricultural services' means the perform- al services in the United States that would "(II) the inadequacy of the information is
ance of field work related to planting, cut- have been needed in the previous fiscal year not due to the refusal or failure of employers
Ural practices, cultivating, growing and to avoid any crop damage or other loss that to report the information required under
harvesting of fruits and vegetables of every resulted from the unavailability of labor, subsection (b)(2)(A),
kind and other perishable commodities, as and the factor under this paragraph is 90.
defined in regulations by the Secretary of "nil adjust such number to take into ac- "(B) FISCAL YEAR roor.?For purposes of
Agriculture. ". count the projected growth or contraction in paragraph (2) for fiscal year 1991, the factor
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CONGRESSIONAL RECORD ? HOUSE
under this paragraph is the average number,
as estimated by the Director of the Bureau
Of the Census under subsection (b)(3)(A1(ii),
Of man-days of seasonal agricultural serv-
ices performed in the United States in fiscal
year 1990 by special agricultural workers
who obtained lawful temporary resident
status under this section.
"(Ci FISCAL YEARS 1992 AND 199.1.?For pur-
poses of paragraph (2) for fiscal years 1992
and 1993, the factor under this paragraph is
the average number, as estimated by the Di-
rector of the Bureau of the Census under
subsection (b)(3)(A)lii), of man-days of sea-
sonal agricultural services performed in the
United States in each of the two previous
fiscal years by special agricultural workers
who obtained lawful temporary resident
status under this section during either of
such fiscal years.
"(V EMERGENCY PROCEDURE FOR INCREASE IN
SHORTAGE NUMBER?
"IA) Reoursrs.?After the beginning of a
fiscal year, a group or association represent-
ing employers (and potential employers) of
Individuals who perform seasonal agricul-
tural services may request the Secretaries to
Increase the shortage number for the fiscal
year based upon a showing that extraordi-
nary, unusual, and unforeseen circum-
stances have resulted in a significant in-
crease in the shortage number due to (ii a
significant increase in the need for special
agricultural workers in the year, (ii) a sig-
nificant decrease in the availability of able,
willing, and qualified workers to perform
seasonal agricultural services, or a sig-
nificant decrease (below the factor used for
purPoses of paragraph (6)) in the number of
man-days of seasonal agricultural services
performed by aliens who were recently ad-
mitted (or whose status was recently adjust-
ed) under this section.
"(B) Nonce or EMERGENCY PROCEDURE.?
Not later than 3 days after the date the Sec-
retaries receive a request under subpara-
graph (A), the Secretaries shall provide for
notice in the Federal Register of the sub-
stance of the request and shall provide an
Opportunity for interested parties to submit
information to the Secretaries on a timely
basis respecting the request.
"ICI PROMPT DE77SRMIN47ION ON REQUEST.?
The Secretaries, not later than 21 days after
the date of the receipt of such a request and
after consideration of any information sub-
mitted on a timely basis with respect to the
request, shall make and publish in the Feder-
al Register their determination on the re-
quest. The request shall be granted, and the
shortage number for the fiscal year shall be
Increased, to the extent that the Secretaries
determine that such an increase is justified
based upon the showing and circumstances
described in subparagraph (A) and that such
an increase takes into account reasonable
recruitment efforts having been undertaken.
"(8) PROCEDURE FOR DECREASING MAN-DAYS
Of SEASONAL AGRICULTURAL SERVICES REQUIRED
IN THE CASE OF OVER-SUPPLY OF WORKERS.?
"(A) REQUESTS.?After the beginning of a
fiscal year, a group of special agricultural
workers may request the Secretaries to de-
crease the number of man-days required
under subparagraphs (A) and (B) of subsec-
tion (d)(2) with respect to the fiscal year
based upon a showing that extraordinary,
unusual, and unforeseen circumstances
have resulted in a significant decrease in
the shortage number due to (V a significant
decrease in the need for special agricultural
workers in the year, (ii) a significant in-
crease in the availability of able, willing,
and qualified workers to perform seasonal
agricultural services, or (iii) a significant
Increase (above the factor used for purposes
of paragraph (6)1 in the number of man-
days Of seasonal agricultural services per-
formed by aliens who were recently admitted
(or whose status was recently adjusted)
under this section.
"(B) Nonce or REQUEST.?Not later than 3
days after the date the Secretaries receive a
request under subparagraph (A), the Secre-
taries shall provide for notice in the Federal
Register of the substance of the request and
shall provide an opportunity for interested
parties to submit information to the Secre-
taries on a timely basis respecting the re-
quest.
"(C) DETERMINATION ON REQUEST.?The Sec-
retaries, before the end of the fiscal year in-
volved and after consideration of any infor-
mation submitted on a timely basis with re-
spect to the request, shall make and publish
in the Federal Register their determination
on the request. The request shall be granted,
and the number of man-days specified in
subparagraphs (A) and (B) of subsection
(d)(2) for the fiscal year shall be reduced by
the same proportion as the Secretaries deter-
mine that a decrease in the shortage number
is Justified based upon the showing and cir-
cumstances described in subparagraph (A).
"(b) ANNUAL NumER1CAL LIMITA770N ON AD-
MISSION OF ADDI770NAL SPECIAL AGRICULTURAL
WORKERS.?
"(1) ANNUAL NUMERICAL LIMITATION.?
"(A) Fiscam YEAR isse?The numerical lim-
itation on the number of aliens who may be
admitted under subsection (c)(1) or who oth-
erwise may acquire lawful temporary resi-
dence under such subsection for fiscal year
1990 is?
"(i) 95 percent of the number of individ-
uals whose status was adjusted under sec-
tion 210(a), minus
"(ft) the number estimated under para-
graph (3)(A)(i) for fiscal year 1989 las ad-
justed in accordance with subparagraph
(C)),
"(B) FISCAL YEARS 1991, 1992, AND 1993.?The
numerical limitation on the number of
aliens who may be admitted under subsec-
tion (O(1) or who otherwise may acquire
lawful temporary residence under such sub-
section for fiscal year 1991, 1992, or 1993
is?
"(0 90 percent of the number described in
this clause for the previous fiscal year (or,
for fiscal year 1991, the number described in
subparagraph (A)(iA minus
"Iii) the number estimated under para-
graph (311.4)(1) for the previous fiscal year
(as adjusted in accordance with subpara-
graph (C)).
"IC) ADJUS77fE1VT TO TART INTO ACCOUNT
CHANGE IN NUMBER Or AGRICULTURAL
WORRERS.?The number used under subpara-
graph (A)(ii) or (B)Iii) (as the case may be)
shall be increased or decreased to reflect any
numerical increase or decrease, respectively,
in the number of aliens admitted to perform
temporary seasonal agricultural services las
defined in subsection (g)(2)) under section
101(a)(15)(11)(ii) (a) in the fiscal year com-
pared to such number in the previous fiscal
year.
"(V REPORTING Or INFORMATION ON EMPLOY-
MENT.?In the case of a person or entity who
employs, during a fiscal year (beginning
with fiscal year 1989 and ending with fiscal
year 1992) in seasonal agricultural services,
a special agricultural worker?
"MI whose status was adjusted under sec-
tion 210, the person or entity shall furnish
an official designated by the Secretaries
with a certificate (at such time, in such
form, and containing such information as
the Secretaries establish, after consultation
with the Attorney General and the Director
of the Bureau of the Census) of the number
of man-days of employment performed by
the alien in seasonal agricultural services
during the fiscal year, or
H 10085
"(13) who was admitted or whose status
was adjusted under this section, the person
or entity shall furnish the alien and an offi-
cial designated by the Secretaries with a cer-
tificate (at such time, in such form, and
containing such information as the Secre-
taries establish, after consultation with the
Attorney General and the Director of the
Bureau of the Census) of the number of
man-days of employment performed by the
alien in seasonal agricultural seri-Ices
during the fiscal year.
"(3) ANNUAL ESTIMATE or EMPLOYMENT OF
SPECIAL AGRICULTURAL WORKERS.?
'IA) IN GENERAL?The Director of the
Bureau of the Census shall, before the end of
each fiscal year (beginning with fiscal year
1989 and ending with fiscal year 1992), esti-
mate?
"(i) the number of special agricultural
workers who have performed seasonal agri-
cultural services in the United States at any
time during the fiscal year, and
"(ii) for purposes of subsection (a)(5), the
average number of man-days of such serv-
ices certain of such workers have performed
In the United States during the fiscal year.
"(B) FURNISHING OF INFORMATION TO DIREC-
roR.?The official designated by the Secre-
taries under paragraph (2) shall furnish to
the Director, in such form and manner as
the Director specifies, information con-
tained in the certifications furnished to the
official under paragraph (2).
"(C) BASIS FOR ESTIMATES.?The Director
shall base the estimates under subparagraph
(A) on the information furnished under sub-
paragraph (B), but shall take into account
Ito the extent feasible) the underreporting or
duplicate reporting of special agricultural
workers who have performed seasonal agri-
cultural services at any time during the
fiscal year. The Director shall periodically
conduct appropriate surveys, of agricultural
employers and others, to ascertain the extent
of such underreporting or duplicate report-
ing.
"ID) Rzeonr.?The Director shall annually
prepare and report to the Congress informa-
tion on the estimates made under this para-
graph-
"(C) ADMISSION OF ADDITIONAL SPECIAL AGRI-
clartatAz. WORKERS.?
"(1) IN GENERAL?For each fiscal year (be-
ginning with fiscal year 1990 and ending
with fiscal year 1993), the Attorney General
shall provide for the admission for lawful
temporary resident status, or for the adjust-
ment of status to lawful temporary resident
status, of a number of aliens equal to the
shortage number (if any, determined under
subsection (a)) for the fiscal year, or, if less,
the numerical limitation established under
subsection (b)(1) for the fiscal year. No such
alien shall be admitted who is not admissi-
ble to the United States as an immigrant,
except as otherwise provided under subsec-
tion (e).
"(2) ALLOCA770N OF VISAS.?The Attorney
General shall, in consultation with the Sec-
retary of State, provide such process as may
be appropriate for aliens to petition for im-
migrant visas or to adjust status to become
aliens lawfully admitted for temporary resi-
dence under this subsection. No alien may
be issued a visa as an alien to be admitted
under this subsection or may have the
alien's status adjusted under this subsection
unless the alien has had a petition approved
under this paragraph.
"(d) RIGHTS OF ALIENS Amami) OR AD-
JUSTED UNDER THIS SECTION,?
"(1) ADJUSTMENT TO PERMANENT new-
DENCE.?The Attorney General shall adjust
the status of any alien provided lawful tem-
porary resident status under subsection lc)
to that of an alien lawfully admitted for per-
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H 10086 CONGRESSIONAL RECORD ? HOUSE October 14, 1986
manent residence at the end of the 3-year an alien's admissibility under subsection "(Ci violates the provisions af section
period that begins on the date the alien was (c)(1)-505(a) of MASAWPA (as they apply under
granted such temporary resident status. "(1) GROUNDS 01. EXCLUSION NOT APPLICA- paragraph (3)),
"(2) TERMINATION or TEMPORARY REV- az.e.-77te provisions of paragraphs (14), the person or entity is subject to a civil
merle?During the period of temporary rest- (20), (21), (25), and (32) of section 212(a) money penalty under section 503 of MA-
dent status granted an alien under subsec- shall not apply. SAWPA in the same manner as if the person
Lion (c), the Attorney General may fermi- "(2) WAIVER OF CERTAIN GROUNDS FOR SX- or entity had committed a violation of MA-
nate such status only upon a determination cLuslom?SA WPA.
under this Act that the alien is deportable. "(A) IN GENERAL.?Except as provided in ..
(al SPECIAL DEFINITIONS.?In this subsec-
"(V AUTHORIZED TRAVEL AND EMPLOYMENT subparagraph (B), the Attorney General tion:
DURING TEMPORARY RESIDENCE.?During the may waive any other provision of section
period an alien is in lawful temporary rest- 212(a) in the case of individual aliens for means the Migrant and Seasonal.MAAgYiCSA 11171lAr:
..ott mAsAwpA.?The term
dent status granted under this section, the humanitarian purposes, to assure family al Worker Protection Act (Public Law 97-
alien has the right to travel abroad (includ- unity, or when it is otherwise in the public 470).
ing commutation from a residence abroad) interest"(B) The term 'exempt person' means a
engage in employment in the United States The following provisions of section 212(a) personoonsr entity who would be subject to the
and shall be granted authorization to "(B) GROUNDS THAT MAY NOT BE WAIVED.?
and shall be provided an 'employment au- may not be waived by the Attorney General 111) or IV, or both, of section 41(11 of MA-
i Of MASAWPA but for paragraph
thorized' endorsement or other appropriate under subparagraph (A): SAWPA.
1007* permit, in the same manner as for "(i) Paragraphs 0) and (10) (relating to
aliens lawfully admitted for permanent rest- criminals ,,/. (a) GENERAL DEFINITIONS.?In this section:
dence. "ail Paragraph (23) (relating to drug of- "(1) The term 'special agricultural worker'
'14) IN GENERAL?Except as otherwise pm- lenses), except for so much of such para. means an individual, regardless of present
sided in this subsection, an alien who ac- graph as relates to a single offense of simple status, whose status was at any time adjust-
quires the status of an alien lawfully admit- possession of 30 grams or less of marihuana. ed under section 210 or who at any time was
ted for temporary residence under subsec- "lift/ Paragraphs (27), (28), and (29) (re- admitted or had the individual's status ad-
lion (c), such status not having changed, is kiting to national security and members of lusted under subsection (c).
considered to be an alien lawfully admitted certain organizations).
FOR DETERMINATION
Paragraph (33) (relating to those ices' has the meaning given such term in
"(2) The term 'seasonal agricultural se"-
101(a)(20)), other than under any pro- "ICI SPECIAL RULE assisted in the Nazi persecutions).
E' TION OF "(3) The term 'Director' refers to the Dime-
section 210(h I.
for permanent residence (as described in sec-
vision of the immigration laws. PUBLIC CHARGE?An alien is not ineligible tor of the Bureau of the Census.
"(5) EMPLOYMENT IN SEASONAL AGRICULTURAL for adjustment of status under this section "(41 The term 'man-day' means, with re-
'1A) FOR 3 YEARS TO AVOID DEPORTATION.? spect to seasonal agricultural services, the
SERVICES REQUIRED.? due to being inadmissible under section
ry of employment in the United States evi- performance during a calendar day of at
In order to meet the requirement of this
least 4 hours of seasonal agricultural tem-
212(aH15) if the alien demonstrates a histo-
and section 2411a)(201), an alien, who has cas
(fencing seLf-support without reliance on ices?.
public h assistance.
ParagraPh (for purposes of this subsection
obtained the status of an alien lawfully ad- "I 3) MEDICAL EXAMINAITOM?The alien shall Mt DEPORTATION OF CERTAIN Wessman WHO
milted for temporary residence under this be required, at the alien's expense, to under- FAIL TO PERFORM SEASONAL AGRICULTURAL
section, must establish to the Attorneg aen- go mei a medical examouition (including a Ufa samendedvicss.?S?ection 241(a) (8 U.S.0 1251(a))
era, that the alien has performed 90 man- determination of immunization status) as is
(1) iking out "or" at the end of pare-
days of seasonal agricultural services? appropriate and aniform" to generally ac- graph (184
by strice by
on the date the alien obtained such status, pract
"Ii) during the one-year period beginning cepted professional standards of medical ?
(2) striking out the period at the end of
"Hi) during the one-year period beginning e(f) TgRair or Birpi,orprrnr REspgcnna paragraph (19) and inserting in lieu thereof
,a
one year after the data the alien obtained Auras Acton's!, Mama rum SECTION.? "; or", and
such status, and "(1) EQUAL 17WISPORTATION FOR DOMESTIC (3) by adding at the end the following new
"Mil during the one-year period begin- womajw.?If a person employs an alien, paragraph:
sing two years after the date the alien ob- who was admitted or whose status is adjust_ "(20) obtains the status of am alien who
Wined such status. ed under subsection (c), in the performance becomes lawfully admitted fair SeraPararv
"MI FOR 5 YEARS FOR NATURALIZA770N.? of seasonal agricultural services and pro- residence under section 210A wad fails to
Notwithstanding any provision in title III, vides transportation arrangements or assist- meet the requirement Of section
an alien admitted under this section may awe for such workers, the employer must 210A(d)(5)(A) by the end of the applicable
not be naturalized as a citizen of the United provide the same transportation arrange_ period. ".
States under that title unless the alien has ments or assistance (generally comparable (c) APPLICATION OF CERTAIN Sun ASSIST-
performed 90 man-days of seasonal apricot- in expense and scope) for other individuals ARCS PROVISIONS.?For purposes of section
tura/ services in each of 5 fiscal years (not employed in the performance of seasonal au- 204 of this Act (relating to State legalization
including any fiscal year before the fiscal ricultural services, assistance), the term "eligible legalized
year in which the alien was admitted under "(2) PROHIBITION OF FALSE INFORMATION By alien" includes an alien who becomes an
alien lawfully admitted for permanent or
temporary residence under section 210 or
210A of the Immigration and Nationality
Act, but only until the end of the 5-year
period beginning on the date Iflie alien was
first granted permanent or temporary resi-
dent status.
this section). CERTAIN EMPLOYERS.?A farm labor con
"(CI PROOF.?In meeting the requirements toy, agricultural employer, or agricultural
of subparagraphs (A) and (B), an alien may association who is an exempt person las de-
submit such documentation as may be sub- fined in paragraph (5)) shall not knowingly
mitted under section 210(b)(3). prcnyide false or misleading information to
"(D) ADJUSTMENT OF NUMBER OF MAN-DAYS an alien who was admitted 07 whose status
REQUIRED.?The number of man-daysfled in subparagraphs (A) and (B) are sub- ing the terms, conditions, or existence of ag- Id/ CLERICAL AMENDMENT.?me
ject to adjustment under subsection (a)(8). ricultural employment (described in subsec- contents is amended by insertiimg after the
"NI DISQUALIFICATION FROM CERTAIN PUBLIC tion (a), (b), or lc) of section 301 of MA- item relating to section 210 (as inserted bY
245.411i 1 (other than paragraph (1)(Allitill '131 PROHIBITION or DISCFUMINAITON ay CER- .,
Sec. 210A. Determination of or icultural
shall apply to an alien who has obtained the TAIN XMPLOYERS.?In the case of an exempt labor shortages and' idmission
status of an alien lawfully admitted for tem- person and with respect to aliens who have
of additional speci,:l agricul-
h e status has been ad- haul workers.".
1.? tedunder subsection (c) concern-
"(6)
provisions of section SAWPA). section 302) the following new
porary residence under this section, during been
the five-year period beginning on the date Justed under subsection (c), the provisions of
the alien obtained such status, in the same section 505 of MASA WPA shall apply to any
manner as they apply to an alien granted proceeding under or related to land rights
lawful temporary residence under section and protections afforded by) this section in
245A; except that, for purposes of this para- the same manner as they apply to proceed-
graph, assistance furnished under the Legal Ings under or related to land rights and pro-
Services Corporation Act (42 U.S.0 2996 et tections afforded by) MASAWPA.
seq.) or under title V of the Housing Act of "(4) Emoneemeter.?If a person or entity-
1949 (42 U.S.C. 1471 et seq.) shall not be con- "(A) fails to furnish a certificate required
strued to be financial assistance described under subsection (b)(2) or furnishes false
in section 245A(h)(1)(A)(i). statement of a material fact in such a certif.-
"(c) DETERMINATION OF ADMISSIBILITY OF AD- icate,
DITIONAL WORKER-S--In the determination of "(B) violates paragraph (1) or (2), or
(e/ CONFORMING AMENDMENTS.?,% r) Section
402(1) of the Social Security Act ea added by
section 201(b)(1) of this Act and a lended by
section 302(b)(1) of this Act), .3 further
amended?
(A) by striking out "and subset. 'ion (f) of
section 210 of such Act" in per Igraph (1)
and inserting in lieu thereof meLsection (f)
of section 210 of such Act, and subsection
(et)(7) of section 210A of such Awl":
(B) by striking out "such subsection (h) or
(11" in paragraph (2) and investing in lieu
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October 14, 1986 CONGRESSIONAL RECORD ? HOUSE
thereof "such subsection (fl. or (d)(7I";
and
(CI by striking out "such section 2454 or
210" in paragraph (2) and inserting in lieu
thereof "such section 2454, 210, or 2104".
(2) The last sentence of section 472(a) cif
such Act (as added by section 201(b)(2)(A) of
this Act and amended by section 302(b)(2) of
this Act) is further amended by striking out
"245A(h) or 210(f)" and inserting in lieu
thereof "2454(h), 2100, or 210A (d)(7)".
SSC pot CONNIsSION ON ACRICULTVRAL WORKERS.
ZSTABLISHMSNT AND COMPOSMON OF
COMMISSION.?/ IT There is established a Com-
mission on Agricultural Workers (herein-
after in this section referred to as the "Com-
mission"1, to be composed of 12 members?
(A) six to be appointed by the President,
(B) three be appointed by the Speaker of
the House of Representatives, and
(C) three to be appointed by the President
pro tempore of the Senate.
(2) In making appointments under para-
graph (1)(A), the President shall consult?
(A) with the Attorney General in appoint-
ing two members.
(B) with the Secretary of Labor in ap-
pointing two members, and
(C) with the Secretary of Agriculture in
appointing two members.
(3) A vacancy in the Commission shall be
filled in the same manner in which the
original appointment was made.
(4) Members shall be appointed to serve for
the life of the Commission.
Puricnons OP C0mmiSsioN.--(1) The
Commission shall review the following:
(A) The impact of the special agricultural
worker provisions on the wages and working
conditions of domestic farmworkers, on the
adequacy of the supply of agricultural labor,
and on the ability of agricultural workers to
organize.
(B) The extent to which aliens who have
obtained lawful permanent or temporary
resident status under the special agricultur-
al worker provisions continue to Perform
seasonal agricultural services and the re-
quirement that aliens who become special
agricultural workers under section 210A of
the Immigration and Nationality Act per-
form 10 man-days of seasonal agricultural
services for certain periods in order to avoid
deportation or to become naturalized.
(C) The impact of the legalization pro-
gram and the employers' sanctions on the
supply of agricultural labor.
ID) The extent to which the agricultural
industry relies on the employment of a tem-
porary workfOrce.
(E) The adequacy of the supply of agricul-
tural labor in the United States and whether
this supply needs to be further supplemented
with foreign labor and the appropriateness
of the numerical limitation on additional
special agricultural workers imposed under
section 210A(b) of the Immigration and Na-
tionality Act.
(I') The extent of unemployment and un-
deremployment of farmworlcers who are
United States citizens or aliens lawfully ad-
mitted for permanent residence.
(G) The extent to which the Problems of
agricultural employers in securing labor are
related to the lack of modern labor-manage-
ment techniques in agriculture.
(H) Whether certain geographic regions
need *Pedal programs or provisions to meet
their unique needs for agricultural labor.
(I) Impact of the special agricultural
worker provisions on the ability of crops
harvested in the United States to compete in
international markets.
12) The Commission shall conduct an
overall evaluation of the special agricultur-
al worker provisions, including the process
for determining whether or not an agricul-
tural labor shortage exists.
(C) RXPORT TO CONGRXSS.?The Commis-
sion shall report to the Congress not later
than five years after the the date of the en-
actment of this Act on its reviews under sub-
section (b). The Commission shall include in
Its report recommendations for appropriate
changes that should be made in the special
agricultural worker provisions.
(d) COMPENSA770N OP MEMBERS.?(1) Each
member of the Commission who is not an of-
ficer or employee of the Federal Government
is entitled to receive, subject to such
amounts as are provided in advance in ap-
propriations Acts, the daily equivalent of
the minimum annual rate of basic pay in
effect for grade GS-18 of the General Sched-
ule for each day (including traveltime)
during which the member is engaged in the
actual performance of duties of the Commis-
sion. Each member of the Commission who
Is such an officer or employee shall serve
without additional pay.
(2) While away from their homes or regu-
lar places of business in the performance of
services for the Commission, members of the
Commission shall be allowed travel ex-
penses, including per diem in lieu 0/subsist-
ence.
(e) Harr:Nos Os Coseressrom.?W Five
members of the Commission shall constitute
a quorum, but a lesser number may hold
hearings.
(2) The Chairman and the Vice Chairman
of the Commission shall be elected by the
members of the Commission for the life of
the Commission.
(3) The Commission shall meet at the call
of the Chairman or a majority of its mem-
bers.
(f) Srarr?(1) The Quitman, in accord-
ance with rules agreed upon by the Commis-
sion, may appoint and fix the compensation
of a staff director and such other additional
personnel as may be necessary to enable the
Commission to carry out its functions, with-
Out regard to the laws, rules, and regula-
tions governing appointment in the com-
petitive service. Any Federal employee sub-
ject to those laws, rules, and retroactions
may be detailed to the Commission without
reimbursement, and such detail shall be
without interruption or loss of civil service
status or privilege.
(2) The Commission may procure tempo-
rary and intermittent services under section
3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily
equivalent of the minimum annual rate of
basic pay payable for GS-18 of the General
Schedule.
(g) Arnwolurr or Commissiotc?ID The
Commission may for the purpose of carrying
out this section, hold such hearings, Mt and
act at such times and places, take such testi-
mony, and receive such evidence as the
Commission considers appropriate.
(2) The Commission may secure directly
from any department or agency of the
United States information necessary to
enable it to carry out this section. Upon re-
quest of the Chairman, the head of such de-
partment or agency shall furnish such infor-
mation to the Commission.
(3) The Commission may accept, use, and
dispose of gifts or donatio, s of services or
property.
(4) The Commission may use the United
States mails in the same manner and under
the same conditions as other departments
and agencies of the United States.
(5) The Administrator of General Services
shall provide to the Commission on a reim-
bursable basis such administrative support
services as the Commission may request.
lh AUTHORIZATION OP APPROPRIATIOIM.?W
There are authorized to be appropriated
such sums as may be necessary to carry out
the purposes of this section.
H 10087
(2) Notwithstanding any other provision
of this section, the authority to make pay-
ments, or to enter into contracts, under this
section shall be effective only to such extent,
or in such amounts, as are provided in ad-
vance in appropriations Acts.
TERMINATION Dais..? The Commission
shall cease to exist at the end of the 63-
month period beginning with the month
after the month in which this Act is enacted.
(j) DerrNrrionx?In this section:
(1) The term "employer sanctions" meant
the provisions of section 2744 of the immi-
gration and Nationality Act.
(2) The term legalization program" refers
to the provisions of section 2454 of the Im-
migration and Nationality Act.
(3) The term "seasonal agricultural serv-
ices" has the meaning given such term in
section 210(h) of the immigration and Na-
tionality Act.
(4) The term "special agricultural worker
provisions" refers to sections 210 and 210A
Of the Immigration and Nationality Act.
i4re SN. SLIGIBI1J77 OP 11-2 AGNICVLIVRAL WORK-
SES FOR MIMS LAICAL ASSISTANCE.
A nonimmigrant worker admitted to or
permitted to remain in the United States
under section 101(a)(15)(11)(iilla) of the Im-
migration and Nationality Act (8 U.S.C.
1101(a)(15)(11)(ii)lall for agricultural labor
or service shall be considered to be an alien
described in section 101(a)(20) of such Act (8
U.S.0 1101(a)(20)) for purposes of establish-
ing eligibility for legal assistance under the
Legal Services Corporation Act (42 U.S.0
2996 et seq.). but only with respect to legal
assistance on matters relating to wages,
housing, transportation, and other employ-
ment rights as provided in the worker's spe-
cific contract under which the nonimmi-
grant was admitted.
PART B-077112 Crimson IN THE IMMIGRATION
Law
INC sti. CHANGE IN COLONIAL QUOTA.
(a) &caws 2v 5,000.--(1) Section 202(c)
(8 U.S.0 1152(c)) is amended by striking out
"six hundred" and inserting in lieu thereof
'5,000".
(2) Section 202(e) (8 U.S.0 1152(e)) is
amended by striking out "600" and inserting
in lieu thereof "5,000".
(b) Ilawscervz DATZ.?The amendments
made by subsection (a) shall apply to fiscal
years beginning after the date of the enact-
ment of this Act.
SSC an. &JP SPECIAL DIMICRANTS.
(a) SPEC= IMMIGRANT' STATUS FOR CCRTAIN
Oilmen AND Mows= or INJURNATIONAL
ORGANIZA2701M AND Tx= Isnamisre FAMILY
MRMBITRS.?Section 101(a)(27) (8 U.S.C.
1101(4)(27)) is amended by striking out "or"
at the end of subparagraph (G), by striking
out the period at the end of subparagraph
(11) and inserting in lieu thereof "; or", and
by adding at the end of the following new
subparagraph:
"(1)(i) an immigrant who is the unmar-
ried son or daughter of an officer or employ-
ee, or of a former officer or employee, of an
international organization described in
paragraph (15)(G)(i), and who (I) while
maintaining the status of a nonimmigrant
under paragraph (15)(G)(iv) or paragraph
(15)(N), has resided and been physically
present in the United States for periods to-
taling at -least one-half of the seven years
before the date of application for a visa or
for adjustment of status to a status under
this subparagraph and for a period or peri-
ods aggregating at least seven years between
the ages of five and 21 years, and (II) ap-
plies for admission under this subparagraph
no later than his twenty-fifth birthday or six
months after the date this subparagraph is
enacted, whichever is later;
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11 10088 CON
"(i) an immigrant who is the surviving
spouse of a deceased officer or employee of
such an international organization, and
who (11 while maintaining the status of a
nonimmigrant under paragraph (15)(G)(iv)
or paragraph (15)011, has resided and been
physically present in the United States for
periods totaling at Least one-half of the
seven years before the date of application
for a visa or for adjustment of status to a
status under this subparagraph and for a
period or periods aggregating at least 15
years before the data of the death of such of-
ficer or employee, and (11) applies for admis-
sion under this subparagraph no later than
six months after the date of such death or
six months after Use date this subparagraph
is enacted, whichever is later;
"(iit) an immigrant who is a retired offi-
cer or employee of such an international or-
ganization, and who (1) while maintaining
the status of a nonimmigrant under para-
graph 11511G1(iv), has resided and been
physically present in the United States for
periods totaling at least one-half of the
seven years before the date of application
for a visa or for adjustment of status to a
status under this subparagraph and for a
period or periods aggregating at least 15
years before the date of the officer or em-
ployee's retirement from any such interna-
tional organization. and (11) applies for ad-
mission under this subparagraph before
January 1, 1893, and no later than six
months after the date of such retirement or
six months after the date this subparagraph
is enacted, whichever is tater; or
"OD/ an immigrant who is the spouse of a
retired Officer or employee accorded the
status of special immigrant under clause
accompanying or following to join
such retired officer or employee as a member
of his immediate family.":
fbi Nossmenzonser STATUS soa Cannot PAR-
?S11 AND CHILDREN OF ALIENS GIVEN SPECIAL
IsrmaJayer Sr.trus.?Section 101(a)(15) 18
U.S.C. 1101(a)(15)) is amended by striking
out ''or- at the end of subparagraph Mt NI
striking out the period at the end of sub-
paragraph OD and inserting in lieu thereof
": or': and by adding at the end the follow-
ing new paragraph:
"(NMI the parent of an alien accorded the
status of special immigrant under para-
graph 1271(1)(i), but only if and while the
alien is a child, or
'VW a child of such parent or of an alien
accorded the status of a special immigrant
under clause IW, hit), or (IV) of paragraph
127)111.-.
SEC s11 PlEA W411 F21 mar PROGRAM FOR CM
TAIN VISITORS
(a.) EsrseusioNo VISA Warms Pneyr Pito-
OWL?Chapter 2 of title 11, as amended by
section 301(c), is further amended by adding
after section 216 the following new section:
"VISA WAIVER MDT PROGRAM POR CERTAIN
VISITORS
"SEC. 217. (a) ESTABLISHMENT OF PILOT PRO-
GRAM?The Attorney General and the Secre-
tary of State are authorized to establish a
pilot program (hereafter in this section re-
ferred to as Me 'pilot program') under which
the requirement of paragraph 1261(B) of sec-
tion 212(a) may be waived by the Attorney
General and the Secretary of State, acting
jointly and in accordance with this section,
in the case of an alien who meets the follow-
ing requirements:
"(1) SEEKING ENTRY AS roomer FOR se DAYS
OR asss.?The alien is applying for admis-
sion during the pilot program period Ms de-
fined in subsection fell as a nonimmigrant
visitor (described in section 191(41115)(B))
for a period not exceeding SO days.
-(2) NATIONAL OF PILOT PROGRAM COUN-
Ter.?The alien is a national of a country
which?
GRESSIONAL RECORD ? HOUSE October 14, 1986
"(A) extends (or agrees to extend) recipro-
cal privileges to citizens and nationals of
the United States, and
"(B) is designated as a pilot program
country under subsection (cL
"13) Esteems ewer Coarnoz. AND WAIVER
PORMS.?The alien before the time of such ad-
mission?
"(A) completes such immigration form as
the Attorney General shall establish under
subsection (b)(3), and
"(B) executes a waiver of review and
appeal described in subsection (b1(41.
"(4) Rovaw-rair mem?The alien has a
round-trip, nontransferabk transportation
ticket which?
"(A) is valid for a period of not less than
one year,
"(.8) is nonrefundable except in the coun-
try in which issued or in the country of the
alien's nationality or residence,
"(C) is issued by a carrier which has en-
tered into an agreement described in subsea-
"ICI DESIGNATION OF PH.OT PROGRAM COUN-
TRIES-
"(II UP ro s courersass.?The Attorney
General and the Secretary of State acting
jointly may designate up to eight countries
as pilot program countries for purpose, of
the Pilot program.
"(2) &nut QUALIFICATTONS.?For the initial
period described in paragraph 141, a country
may not be designated as a pilot program
country unless the following requirements
are met:
"(A) Low MONIMMIGRANT VDU wow. airs
Faa easnous s-reat mum?The average
number of refusals of nonimmigrant visitor
visas for nationals of that country during
the two previous full fiscal years was less
than 2.0 percent of the total number of non-
immigrant visitor visas for nationals of
that country which we granted or refused
during those years.
"(B) Low NotammsaisAwr VISA AULIVSAL RATE
Foe sem or a resume inans.-211e average
number of refusals of noninunignaot visitor
visas for nationals of that country during
either of soda two previous full fiscal years
was less than 2.5 fervent of Use total number
of nonimmigrant vtor visas for nationals
of that country which were wanted or re-
fused during that yean
"13) Comments? A evassowitor QUALIINCA-
noia.?For each fiscal year hirithin the pilot
',Dermot period) after the initial period?
"(A) Corniritnrio QVALNICETIVM.?In the
ease of. country which was a pilot program
country in the previous Meal pear, a coun-
try may eat be designated as a pilot pro-
pram country sakes the sum of?
"ft) Use total of Use number of nationals of
that country who were exhaled from admit-
Moe or withdraw their application for ad-
mission during such previous firma year as
a nonimmigrant visitor, and
"litl the total number of nationals of that
country who were admitted as nonimmi-
grant visitors during such IHEURTES fiscal
year and who vtotatal the terms of Mich ad-
mission,
was less than 2 percent of the total number
Nationals of that country who Welted for
admission as nonimmigrant visitors tiering
such previous fiscal year.
"111) New cooinnies.?In the ease of an-
other country. the wonky may not be desig-
nated as a pilot program country unless the
Allowing requirements are met:
Low aorsisaeraneir ass lasarVIUL RAIZ
IN PREVIOUS s-ausia rensoa.-111e average
number of *Moak of isoisinuniesaat visitor
visas for nationals of that country during
the two previous MI Meal years was less
than 2 percent of the total number of nontm-
migrant visas for nationals of that
country which were granted or refused
during those years.
"(ii) Low NONIMMIGRANT ewe summit JUTE
IN SAGE or wit a riterrous TWL?The aver-
number of refusals of nonimmigrant vis-
itor visas for nationals of that country
during either of such two previous MI fiscal
years was less than 2.5 percent of the total
*umber of nontvinsignott visitor visas for
nationals of that country which were pant-
ed or refused during that Year.
14) &nut PSRICET.?Por purposes of para-
graphs (21 and at the term 'initial period'
means the period beginning at the end of the
30-day period described in subsection (b)(1)
and ending on the last day of the first fiscal
pear which begins airier mach 30-day period.
C.seJuse AGREEMENTS.?
"( II IN GENERAL?The agreement referred
to in subsection (a114)(CI Es an agreement
between a carrier and the Attorney General
under which the carrier agrees, in consider-
ation of the waiver of Use visa requirement
"(D) pus' rantees transport of the alien out
of the United States at the end a( the alien's
visit.
"(5) NOT A saint 1MRSAT.?The alien has
been deternsined not to represent a threat to
the welfare, health, safety, or security of the
United States.
"IS) No PREVIOUS wourross-11 the alien
previously was admitted without a visa
under this section, the alien must not have
failed to comply with the conditions of any
previous admission as such a nonimmi-
grant
"(b) Commas Berms PILOT PROGRAM
GIN SS Parr tyro Orszeraw.?
"11) Palos Nor= vo comsissas.?The pilot
program may not be put into openaiion
until the end of the 00-disg "cried beginning
an the dots that the Attorney General sub-
mits to the Coignes a certification that the
screening sad monitoring system described
in paragraph AV is operational and effective
and that the form described in earaeraph
(3) has been produced.
"(3) AUTOINIZD ALM enema MD WNW
rwts EYSTEML?The Attorney General in co-
operation with the Secretary of State Mall
develop and establish an automated data ar-
rival and departure control apace to screen
and monitor the arrival into and departure
from the United States of nonimmigrant
visitors receiving a vim maser under the
pilot program.
"(3) WM warns meastmastroa ro.?The
Attorney General shall develop a form for
use under the pilot program. Such form Mall
be consistent and compatible with the con-
trol system developed under paragraph (2).
Suck form Mall provide for, among other
items?
"(A) a summary description of the condi-
tions for excluding nonimmigrant visitors
from the United States under section 212(a)
and under the pilot program,
"(B) a description of the conditions of
entry with a waiver under the pilot pro-
gram, including the limitation of such nary
to 90 days and the consequences of iiiiture to
abide by such conditions, and
"IC) questions for the alien to answer con-
cerning any previous denial of the ohm 's
application for a visa.
"le) Wan= or Atorna?An alien may not
be provided a waiver under the pilot pro-
gram unless the alien has waived any
right?
"(A) to review or appeal under this Act of
an immigration officer's determination as
to the admissibility of the alien at the port
of entry into the United States, or
^(13) to contest other than on the basis of
an application for asylum, any action for
deportation against the alien
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With respect to a nonimmigrant visitor
under the pilot program?
) to indemnify the United States
against any costs for the transportation of
Use ahen from the United States if the visi-
tor is refused admission to the United States
or remains in the United States unlawfully
after the 90-day period described in subsec-
tion (a)(1)(A), and
"(B) to submit daily to immigration offi-
cers any immigration forms received with
respect to nonimmigrant visitors provided a
waiver under the pilot program
'(2) TERMINA770N OF AGREEMENTS.?The At-
torney General may terminate an agreement
under paragraph (1) with five days' notice
to the carrier for the carrier's failure to meet
the terms of such agreement.
"(e) DEPINIT1ON OP 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 Use last day of the third fiscal
year which begins after such 30-day
period.".
NV LIMITATION ON STAY IN UNITED STATES.?
Section 214(a) (8 U.S.C. 1184(a)) is amended
by adding at the end the following new sen-
tence: "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.".
(C) PROHIBITION OF ADJUSTMENT 7V IMMI-
GRANT STATUS.?Section 245(c) (8 U.S.C.
1255(c)), as amended by section 312(b), is
further amended by striking out "or" before
"(4)" and by inserting before Use period at
the end the following: "; or (5) an alien
(other than an immediate relative as de-
fined in section 201(b)) who was admitted
as a twniminigrant visitor without a visa
under section 212(1) or section 217".
Id) PROHIBITION OF ADJUSTMENT OF Nornm-
MIGRANT STATUS.?Section 248 (8 U.S.C. 1258)
is amended by striking out "and" at the end
of paragraph (2), by striking out the period
at the end of paragraph (3) and inserting in
lieu thereof ", and" and by adding at the
end thereof the following new paragraph:
"(I) an alien admitted as a nonimmigrant
visitor without a visa under section 212(1)
or section 217.".
tel CONFORMING AMENDMENT 713 TABLE OP
Coirrerres.?The table of contents is amended
by adding after the item relating to section
216 the following new item:
"Sec. 217. Visa waiver pilot program forcer-
lain visitors.".
SEC HA MAKING 17S4S AVAILABLE TO NONPREFER-
ENCE IMMIGRANTS
(a) AUTHORIZATION OF ADDITIONAL VISAS.?
Notwithstanding the numerical limitations
in section 201(a) of the Immigration and
Nationality Act (8 U.S.C. 1151(a)), but sub-
ject to the numerical limitations in section
202 of such Act, there shall be made avail-
able to qualified immigrants described in
section 203(a)(7) of such Act 5,000 visa num-
bers in each of fiscal years 1987 and 1988.
(b) DISTRJBUTION OF VISA NUMBERS.?The
Secretary of State shall provide for making
visa numbers provided under subsection (a)
available in the same manner as visa num-
bers are otherwise made available to quali-
fied immigrants under section 203(a)(7) of
the Immigration and Nationality Act,
except thet?
(1 ) the Secretary shall first make such visa
numbers available to qualified immigrants
who are natives of foreign states the immi-
gration of whose natives to the United
States was adversely affected by the enact-
ment of Public Law 89-236, and
(2) within groups of qualified immigrants,
such visa numbers shall be made available
GRESSIONAL RECORD ? HOUSE H 10089
strictly in the chronological order in which
they qualify after the date of the enactment
of this Act.
ICI WAIVER OF LABOR CERTIFICATION?Sec-
tion 212(a)(14) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(14)) shall not
apply in the determination of an immi-
grant's eligibility to receive any visa made
available under this section or in the admis-
sion of such an immigrant issued such a
visa under this section.
(d) APPLICATION OF DEFINITIONS OF IMMIGRA-
IION AND NATIONALITY ACT.?Except as other-
wise specifically provided in this section,
the definitions contained in the Immigra-
tion and Nationality Act shall apply in the
administration of this section. Nothing in
this section shall be held to repeal, amend,
alter, modify, affect, or restrict the powers,
duties, functions, or authority of the Attor-
ney General in the administration and en-
forcement of such Act or any other law relat-
ing to immigration, nationality, or natural-
ization.
SEC .115. MISCELLANEOUS PROVISIONS.
(a) EQUAL TREATMENT or FATHERS.?Section
101(b)(1)(D) (8 U.S.C. 1101(b)(1)(1111 is
amended by inserting "or to its natural
father if the father has or had a bona fide
parent-child relationship with the person"
after "natural mother".
(b) SUSPENSION OF DEPORTATION FOR CER-
TAIN ALIENS.?Section 244(b) (8 U.S.C.
1254(b)), as amended by section 312(c), is
further amended by adding at the end the
following new paragraph:
"(3) An alien shall not be considered to
have failed to maintain continuous physical
presence in the United States under para-
graphs (1) and (2) of subsection (a) if the ab-
sence from the United States was brief,
casual, and innocent and did not meaning-
fully interrupt the continuous physical pres-
ence
(C) SENSE OF CONGRESS RESPECTING TREAT-
Atravr OF CUBAN Pourre...u. Piusotiras.?It is
the sense of the Congress that the Secretary
of State should provide for the issuance of
visas to nationals of Cuba who are or were
imprisoned in Cuba for political activities
without regard to section 243(g) of the Im-
migration and Nationality Act (8 U.S.C.
1253(g)).
(d) DENIAL or CREW Mews= Norintracsnatir
Via oi eases or STRIKES.?(1) Except as pro-
vided in paragraph (2), during the one-year
period beginning on the date of the enact-
ment of this Act, an alien may not be admit-
ted to the United States as an alien crew-
man (under section 101(a)(15)(D) of the Im-
migration and Nationality Act, 8 U.S.C.
1101(a)(151(D)) for the purpose of perform-
ing service on board a vessel or aircraft at a
time when there is a strike in the bargaining
unit of the employer in which the alien in-
tends to perform such service.
(2) Paragraph (1) shall not apply to an
alien employee who was employed before the
date of the strike concerned and who is seek-
ing admission to enter the United States to
continue to perform services as a crewman
to the same extent and on the same routes as
the alien performed such services before the
date of the strike.
TITLE IV?REPORTS TO CONGRESS
SEC TRIENNIAL COMPREHENSIVE REPORT ON
IMMIGRATION.
(a) TRIENNIAL REPORT.?The President shall
transmit to the Congress, not later than Jan-
uary 1, 1989, and not later than January 1
of every third year thereafter, a comprehen-
sive immigration-impact report.
(b) DETAILS IN EACH .REPORT.?Each report
shall include?
(1) the number and classification of aliens
admitted (whether as immediate relatives,
special immigrants, refugees, or under the
preferences classifications, or as nonimrn i.
grants), paroled, or grunted asylum, during
the relevant period;
(2) a reasonable estimate of the number of
aliens who entered the United States during
the period without visas or who became de-
portable during the period under section 241
of the Immigration and Nationality Act;
and
(3) a description of the Impact of admis-
sions and other entries of immigrants, refu-
gees, asylees, and parolees into the United
States during the period on the economy,
labor and housing markets, the educational
system, social services, foreign policy, envi-
ronmental quality and resources, the rate,
size, and distribution of Population growth
In the United States, and the impact on spe-
cific States and local units of government of
high rates of immigration resettlement.
IC) HISTORY AND PROJECTIONS.?The infor-
mation (referred to in subsection (b)1 con-
tained in each report shall be?
(1) described for the preceding three-year
period, and
(2) projected for the succeeding five-year
period, based on reasonable estimates sub-
stantiated by the best available evidence.
(d) ILEC0IDIEND477ONS.?The President also
may include in such report any appropriate
recommendations on change* in numerical
limitations or other policiei under title II of
the Immigration and Nationality Act bear-
ing on the admission and entry of such
aliens to the United States.
SEC at REPORTS ON UNAUTHORIZED ALIEN EM-
PLOYMENT.
la) PRESIDENTIAL REPORTS.?The President
shall transmit to Congress annual reports
on the implementation of section 274.4 of the
Immigration and Nationality Act (relating
to unlawful employment of Wiens) during
the first three years after its implementa-
tion. Each report shall include?
(1) an analysts of the adequacy of Use em-
ployment verification system provided
under subsection (b) of that section;
(2) a description of the status of the devel-
opment and implementation of changes in
that system under subsection (C) of that sec-
tion, including the results of any demonstra-
tion projects conducted under paragraph (4)
of such subsection; and
(3) an analysis of the impact of the en-
forcement of that section on?
(A) the employment, wages, and working
conditions of United States workers and on
the economy of the United States.
(B) the number Of aliens entering the
United States illegally or who fail to main-
tain legal status after entry, and
(C) the violation of terms and conditions
of nonimmigrant visas by foreign visitors.
SEC HA REPORTS ON PROGRAM
(a) Pnixtrumzu. Rxrours.?The President
shall transmit to the Committees on the Ju-
diciary of the Senate and of the House of
Representatives reports on the implementa-
tion of the temporary agricultural worker
(II-2A) program, which shall include?
(1) the number of foreign workers permit-
ted to be employed under the program in
each year;
(2) the compliance of employers and for-
eign workers with the terms and conditions
of the program;
131 the impact of the program on the labor
needs of the United States agricultural em-
ployers and on Use wages and working con-
ditions of United States agricultural work-
ers; and
MI recommendations for modifications of
the program, including?
(A) improving the timeliness of decisions
regarding admission of temporary foreign
workers under the program,
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CONGRESSIONAL RECORD ? HOUSE October 14, 1986
(13) removing any economic disincentives
to hiring United States citizens or perma-
nent resident aliens for jobs for which tem-
porary foreign workers hove been requested.
(C) improving cooperation among govern-
ment agencies, employers, employer associa-
tions, workers, unions, and other worker as-
sociations to end the dependence of any in-
dustry on a constant supply of temporary
foreign workers, and
ID) the relative benefits to domestic work-
ers and burdens upon employers of a policy
which requires employers, as a condition for
certification under the program, to continue
to accept qualified United States workers for
employment after the date the H-2A workers
depart for work with the employer.
The recommendations under subparagraph
(DI shall be made in furtherance of the Con-
gressional policy that aliens not be admitted
under the H-2A program unless there are not
sufficient workers in the United States who
are able, willing, and qualified to perform
the labor or services needed and that the em-
ployment of the alien in such labor or serv-
ices will not adversely affect the wages and
working conditions of workers in the United
States similarly employed.
lb) DEA.DLINES.?A report on the H-2A tem-
porary worker program under subsection (a)
shall be submitted not later than two years
after the date of the enactment of this Act,
and every two years thereafter.
SEC MI. REPORTS ON LEGALIZATION PROGRAM
(a) IN GENERAL.?The President shall trans-
mit to Congress two reports on the legaliza-
tion program established under section 245A
of the immigration and Nationality Act.
lb) INITIAL REPORT DESCRIBING LEGALIZED
ALM/EL-77w first report, which shall be
transmitted not later than 18 months after
the end of the application period for adjust-
ment to lawful temporary residence status
under the program, shall include a descrip-
tion of the population whose status is legal-
ized under the program, including?
(ii geographical origins and manner of
van) of these aliens into the United States,
(2) their demographic characteristics, and
(3) a general profile and characteristics.
lc) SECOND REPORT on Ismer or LscuLres-
770N PROGRAM.?The second report, which
shall be transmitted not later than three
years after the date of transmittal of the
first report, shall include a description O?
W the impact of the Program on State and
local governments and on public health and
medical needs of individuals in the different
regions of the United States,
(2) the patterns of employment of the le-
galized population, and
(3) the participation of legalized aliens in
social service programs.
SEC ISL REPORT ON VISA WAIVER PILOT PROGRAM
(G) MONITORING AND REPORT PILOT PRO-
GRAM.?The Attorney General and the Secre-
tary of State shall jointly monitor the pilot
program established under section 217 of the
Immigration and Nationality Act and shall
report to the Congress not later than two
years after the beginning of the program.
(b) DETAILS IN REPORT.?The report shall
Include?
(1) an evaluation of the program, Includ-
ing its impact?
(A) on the control of alien visitors to the
United States,
(B) on consular operations in the coun-
tries designated under the program, as well
as OR consular operations in other countries
in which additional consular personnel
have been relocated as a result of the imple-
mentation of the program, and
(C) on the United States tourism industry;
and
(2) recommendations?
(A) on extending the pilot program period,
and
(B) on increasing the number of countries
that may be designated under the Program.
SEC. 406. REPORT ON IMMIGRATION AND NATTRAL.
MATION SERVICE.
Not later than 90 days after the date of the
enactment of this Act, the Attorney General
shall prepare and transmit to the Congress a
report describing the type of equipment,
physical structures, and personnel resources
required to improve the capabilities of the
Immigration and Naturalization Service so
that it can adequately carry out services
and enforcement activities, including those
required to carry out the amendments made
by this Act.
SSC 157. SENSE OF THE COMMIES&
It is the sense of the Congress that the
President of the United States should con-
sult with the President of the Republic of
Mexico within 90 days after enactment of
this Act regarding the implementation of
this Act and its possible effect on the United
States or Mexico. After the consultation, it is
the sense of the Congress that the President
should report to the Congress any legislative
or administrative changes that may be nec-
essary as a result of the consultation and the
enactment of this legislation.
TITLE V?STATE ASSISTANCE FOR IN-
CARCERATION COSTS OF ILLEGAL
ALIENS AND CERTAIN CUBAN NA-
TIONALS
SIC sin. REIMBINSEMENT OF STATES PER COSTS OP
INCARCERAIVIG ILLEGAL ALMS AND
CRETAN CUBAN NATIONALS.
(a) RzatztentsEmerer TO ST'ATES.?Subject to
the amounts provided in advance in appro-
priation Acts, the Attorney General shall re-
imburse a State for the costs incurred by the
State for the imprisonment of any illegal
alien or Cuban national who is convicted of
a felony by such State.
fb1 ILLEGAL ALIENS ConercrEis OF A
Frz.GNE.?An illegal alien referred to in sub-
section (a) is any alien who is any alien
convicted of a felony who is in the United
States unlawfully and?
(1) whose most recent entry into the
United States was without inspection, or
(2) whose most recent admission to the
United States was as a nonimmigrant and?
(A) whose period of authorised stay as a
nonimmigrant expired, or
(13) whose unlawful status was known to
the Government,
before the date of the commission of the
crime for which the alien is convicted.
(c) MARLELJTO CUBANS CONVICTED OF A
FELonr.?A Marielito Cuban convicted of a
felony referred to in subsection (a) is a na-
tional of Cuba who?
(1) was allowed by the Attorney General to
come to the United States in 1980,
(2) after such anima committed any vio-
lation of State or local law for which a term
of imprisonment was imposed, and
(3) at the time of such arrival and at the
time of such violation was not an alien law-
fully admitted to the United States?
(A) for permanent or temporary residence,
Or
(B) under the terms of an immigrant visa
or a nonimmigrant visa issued,
under the laws of the United States
(d) AtITWORIZAT7ON OF APPROPRIATION.-- SSC 754. EXPEDITIOIS DEPORTATION Sti CONVICT-
There are authorized to be appropriated ED ALIWNS.
such sums as are necessary to carry out the Section 242 ft U.S.C. 12541 is amended by
purposes of this section. adding at the end the following new subsec-
(e) STATE DEFINED.?The term "State" has tion:
the meaning given such term in section "(t) In the case of an alien who is convict-
101(a)(36) of the Immigration and National- ed of an offense which makes the alien sub-
ity Act (8 U.S.C. 1101(a)(38)). ject to deportation, the Attorney General
TITLE VI?COMMISSION FOR THE
STUDY OF INTERNATIONAL MIGRA-
TION AND COOPERATIVE ECONOMIC
DEVELOPMENT
SEC MI. COMMISSION FOR ror min OF INTERVA-
770NAL MIGRATION AND COOPERATIVE
ECONOMIC DEVELOPMENT
(a) ESTABLISHMENT AND COMPOSITION OF
COMMISSION?I I There is established a Com-
mission for the Study of International Mi-
gration and Cooperative Economic Develop-
ment (in this section referred to as the
"Commission"), to be composed of twelve
members?
(A) three members to be appointed by
Speaker of the House of Representatives;
(B) three members to be appointed by the
minority leader of the House of Representa-
tives;
(C) three members to be appointed by the
Majority Leader of the Senate; and
(DI three members to be appointed by the
Minority Leader of the Senate.
(2) Members shall be appointed for the life
of the Commission. Appointments to the
Commission shall be made within 90 days
after the date of the enactment of this Act. A
vacancy in the Commission shall be filled in
the manner in which the original appoint-
ment was made.
(3) A majority of the members of the Com-
mission shall elect a Chairman.
lb) Dore or COMMISSION.-771e Commis-
sion, in consultation with the governments
of Mexico and other sending countries in the
Western Hemisphere, shall examine the con-
ditions in Mexico and such other sending
countries which contribute to unauthorized
migration to the United States and mutual-
ly beneficial, reciprocal trade and invest-
ment Programs to alleviate such conditions.
For purposes of this section, the term "send-
ing country" means a foreign country a sub-
stantial number of whose nationals migrate
to, or remain in, the United States without
authorization.
(c) REPORT IV WIZ PRESIDENT AND CON-
GAS:W.?Not later than three years after the
appointment of the members of the Commis-
sion, the Commission shall prepare and
transmit to the President and to the Con-
gress a report describing the ressIts of the
Commission's examination and recommend-
ing steps to provide mutually beneficial re-
ciprocal trade and investment programs to
alleviate conditions leading to useauthorized
migration to the United States.
(d) COMPENSATION OF MEMBER.% MEETINGS,
SpArr, AUTHORITY or Cosninston AND Au-
IWORIZA770N OF APPROPRIATIONS.?(l) The
provisions of subsections (dl, fel(3), (1), (el,
and (h ) of section 304 shall apply to the
Commission in the same manlier as they
apply to the Commission established under
section 3(14.
(2) Seven members of the Commission
shall constitute a quorum, 614 a lesser
number may hold hearings.
le) TERMINATION DATE.?The Commission
shall terminate on the date on which a
report is required to be transmitted by sub-
section lc), except that Vie CommisAon may
continue to function for not more than
thirty days thereafter for the purpose of con-
cluding its activities.
TITLE VII?FEDERAL RESPONSIBILITY
FOR DEPORTABLE AND EXC.L ,I1C)ABLE
ALIENS CONVICTED OF CRIMES
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October 14, 1986 CONGRESSIONAL RECORD - HOUSE
shell (*pia any deportation proceeding as
exPeditiostsly as Possible after the date of the
covitletion.".
SEC. POI IDEX77FICA7IoN OF FACILITIES TO INCAR.
(ISA 71 DEPORTABLE OR EXCLIIm-
ILE ALIEN&
The President shall require the Secretary
01 Defense, in cooperation with the Attorney
General cad by not later than 60 days after
the date of the enactment of this Act, to pro-
vide to the Attorney General a list of facili-
ties of the Department of Defense that could
be made available to the Bureau of Prisons
for use in incarcerating aliens who are sub-
fret to exclusion or deportation from the
United States.
And the House agree to the same.
That the Senate recede from its disagree-
ment to the amendment to the title of the
House and agree to the mine.
From the Committee on the Judiciary:
For consideration of the entire Senate bill
and House amendments:
PETER W. RODIN?, Jr.,
HOBERT W. KASTENMEIER,
Joan F. Scriumu.nro,
Rousso L. Pdszzom,
MIKE SYNAR,
BARNEY PRANK.
CHARLES E. SCHIIHER,
LAWRENCE J. Sanwa,
Howsite L. BERMAN.
Rice BOUCHER,
Joinr BRYANT,
HAMILTON PISH, Jr.,
CARLOS J. Moosar.sv,
Mina. E. Lomax,
Buz McCournr,
E. CLAY SHAW, Jr.
hints DiVinnt
From the Committee on Agriculture:
Solely for consideration of sections 121-123,
302(h), 203, and 304 of the Senate bill and
sections In. 121, 204. 301-305, and 701 of
the House amendments:
LION E. PANETTA.
JERRY HociArr,
Sm Willson,
From the Committee on Education and
Labor
Solely for consideration of sections 101(d).
121-125,202(h), 203. /04, 402, and 604 of the
Senate bill and sections 101, 121, 301(h),
204, 301-305, 316(d), 402. 403, and 701 of the
House amendments:
Wirriast D. Posh
JAints id. JEFFOKDS,
From the Committee on Energy and Coin.
Theme:
Solely for consideration of sections 125(b),
202(h), 203, 304, and 404 of the Senate bill
and sections 121, 201(d), 201(h), 204, 404,
and that portion of section 302(a) inserting
subsection 210(f) in the Immigration and
Nationality Act:
Joini D. DINGELL,
HENRY A. WAXMAN
WILLIAM E. DAMMEYER.
From the Committee on Ways and Means:
Solely for consideration of sections 121(a),
121(g), 121(h), 124(c), 125(b), 202(h), 203,
304, 404, and 602 of the Senate bill and sec-
tions 121, 201(h), 204, 302(b), 402, 404, 601,
701, and that portion of section 302(a) in-
serting subsection 210(f) in the Immigration
and Nationality Act:
HAROLD FORD,
DONALD J. PEASIL
From the Committee on Rules:
Solely for consideration of section 604(b) of
the Senate bill and section 811 of the House
amendments and modifications committed
to Conference:
Aternowy C. Hzusrisois,
GEM TAYLOR,
Managers on the Part of the House.
STROM THURMOND,
AL SIMPSON,
JEREMIAH DENTON,
CHARLES McC. MATHIAS.
Jr.,
EDWARD M. KENNEDY,
PAUL SIMON
HOWARD M. METKCHBAIIM,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF
THE COMMITTEE OF CONFERENCE
The managers on the part of the House
and the Senate at the conference on the dis-
agreeing votes of the two House on the
amendments of the House to the bill (S.
1200) to amend the Immigration and Na-
tionality Act to effectively control unau-
thorized immigration to the United States,
and for other purposes, submit the follow-
ing joint statement to the House and the
Senate in explanation of the effect of the
action agreed upon by the managers and
recommended in the accompanying confer-
ence report:
The House amendment to the text of the
bill struck out all of the Senate bill after
the enacting clause and inserted a substi-
tute text.
The Senate recedes from its disagreement
to the amendment of the House to the text
with an amendment which is a substitute
for the text of the Senate bill and the
House amendment. The differences between
the text of the Senate bill, the House
amendment, and the subsitute agreed to in
conference are noted below, except for cleri-
cal corrections, conforming changes made
necessary by agreements reached by the
conferees, and minor drafting and clarifying
In addition, the House amendment to the
title of the bill substituted a different title.
The Senate recedes from Its disagreement
to the title of the House amendment to the
&ors or &Irmo= Covina=
The Senate bill prnatisw3 employers who
knowingly hired, recruited, or referred for a
fee, or other consideration, undocumented
aliens.
The House amendment did not include
the term "or other consideration."
The Conference sublUtate adopts the
House approach. It is the Intent of the Con-
ferees that the employer be able to rely on
such referrals for purposes of complying
with the verification requirements under
the bill so that employers will not be in vio-
lation of any contrary contractual provi-
sions with union hiring halls.
PENALTY Braticruez
A. CITATION STATE
The Senate bill provided for a 6 month
notice and warning (citation) period for a
first violation of knowingly hiring, recruit-
ing or referring undocumented aliens, fol-
lowing the initial six month education
period during which no penalties apply.
The House amendment provided for a 1
year notice and warning (citation) period
for a first offense following the initial 6
month education period during which no
penalties apply.
The Conference substitute adopts the
House provision. The Conferees wish to
make it clear that following receipt of a ci-
tation, an employer is subject to civil penal-
ties even though the citation period has not
expired.
I. CIVIL AND CRIMINAL !WALTZES
The Senate bill established a 3-tiered civil
penalty structure:
(1) $10042,000 for a first offense.
(2) $2,00045,000 for a second offense.
(3) $3,000410,000 for "pattern or prac-
tice" violations.
H 10091
As noted, "pattern or practice" violation
was a precondition to the third tier of civil
fines. The Senate bill also imposed criminal
penalties of $3,000 and/or 6 months impris-
onment for "pattern or practice" violations.
following imposition of a civil fine.
The House amendment established a 2-
tier civil penalty structure:
(1) $1,000-42.000 for a first offense. and
(2) $2,000-45,000 for a subsequent offense.
It also imposed criminal penalties of
$1,000 and/or 6 months imprisonment for
"pattern or practice" violations.
The Conference substitute adopts the
Senate provision with two modifications.
First, the minimum fine for a first violation
(also applying at any time after a citation
during the citation period) is $250 rather
than the $100 contained in the Senate bill.
Second, the requirement of a "pattern or
practice" for the third tier of civil fines is
eliminated and the requirement of a civil
fine as a prerequisite to a criminal penalty
Is eliminated.
It is the intention of the Conferees that
criminal sanctions are to be used for serious
or repeat offenders who have clearly dem-
onstrated an intention to evade the law by
engaging in a pattern or practice of employ-
ment, recruitment, or referral of persons
who do not meet the requirements under
sections (1)(A) or (2) of subsection (a) of sec-
tion 274A. The Conferees expect the Immi-
gration and Naturalization Service to target
its enforcement resources on repeat offend-
ers and that the size of the employer shall
be a factor in the allocation of such re-
sources.
TERMINATION OF SANCTIONS
The Senate bill required the General Ac-
counting Office (GAO) to submit to Con-
gress, and a specially created task force,
three annual reports regarding, among
other things, whether a pattern of employ-
ment discrimination based on national ori-
gins has resulted from employer sanctions.
It then requires the task force to subunit a
report, with legislative recommendations. to
Congress if the GAO report in fact discov-
ered such discrimination. The House and
Senate must hold hearings within 10 days of
receipt of the task force report. The bill fur-
ther specified that employer sanctions shall
cease 30 days after receipt of the final
report required to be transmitted if: (1)
GAO has reported that a widespread pat-
tern of discrimination has resulted solely
from employer sanctions: and (2) there is
enacted within such 30-day Period a Joint
resolution stating that Congress approves
the findings in the report.
It requires expeditious consideration in
the House and Senate of any such resolu-
tion and specifies procedures governing
Senate consideration of such resolution.
The House amendment terminated em-
ployer sanctions and the anti-discrimination
program automatically six and one-hall
years after the date of enactment.
The Conference substitute adopts the
Senate provision.
ANTIDISCRIMINATION PROVISION
As noted above, the Senate bill required
the General Accounting Office (GAO) to
submit to Congress, and a specially created
task force, three annual reports regarding,
among other things, whether a pattern of
employment discrimination based on nation-
al origins has resulted from employer sanc-
tions.
The House amendment prohibited em-
ployment discrimination based on citizen-
ship status or national origins. It applies to
employers who employ more than three or
fewer than fifteen employees and covers
U.S. citizens, permanent resident aliens, ref.
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