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Full text of "IMMGRATION REFORM IN THE 99TH CONGRESS PUBLIC 99-603"


 

Immigration Reform in the 99th Congress; 



PUBLIC 99-603 



PIIBUCIAW 99-603 
inttpinth Congress of the United States of 3tmi 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, the twenty-first day of January, 
one thousand nine hundred and eighty-six 



an act 

To amend the Immigration and Nationality Act to revise and reform the immigration 
laws, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; REFERENCES IN ACT. 

(a) SHORT TITLE. This Act may be cited as the "Immigration 
Reform and Control Act of 1986". 

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. -Except 
as otherwise specifically 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 EMPLOYMENT 

Sec. 101. Control of unlawful employment of aliens. 

Sec. 102. Unfair immigration-related employment practices. 

Sec. 103. Fraud and misuse of certain immigration-related documents. 

PART B IMPROVEMENT OF ENFORCEMENT AND SERVICES 

Sec. 111. Authorization of appropriations for enforcement and service activities 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 unauthorized 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 VERIFICATION 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 status. 

Sec. 202. Cuban-Haitian adjustment. 

Sec. 203. Updating registry date to January 1, 1972. 

Sec. 204. State legalization impact-assistance grants. 

TITLE III-REFORM OF LEGAL IMMIGRATION 
PART A TEMPORARY AGRICULTURAL WORKERS 

Sec. 301. H-2A agricultural workers. 

Sec. 302. Permanent residence for certain special agricultural workers. 
Sec. 303. Determinations of agricultural labor shortages and admission of addi- 
tional special agricultural workers. 
Sec. 304. Commission on Agricultural Workers. 



P08UGIAW 99-603 
metg-ninth Congress of the tlni'ted States of 2tm( 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, the twenty-first day of January, 

one thousand nine hundred and eighty-six 



act 

To amend the Immigration and Nationality Act to revise and reform the immigration 
laws, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; REFERENCES IN ACT. 

(a) SHORT TITLE. This Act may be cited as the "Immigration 
Reform and Control Act of 1986". 

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. Except 
as otherwise specifically 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 EMPLOYMENT 

Sec. 101. Control of unlawful employment of aliens. 

Sec. 102. Unfair immigration-related employment practices. 

Sec. 103. Fraud and misuse of certain immigration-related documents. 

PART B IMPROVEMENT OF ENFORCEMENT AND SERVICES 

Sec. 111. Authorization of appropriations for enforcement and service activities 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 unauthorized 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 VERIFICATION 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 status. 

Sec. 202. Cuban-Haitian adjustment. 

Sec. 203. Updating registry date to January 1, 1972. 

Sec. 204. State legalization impact-assistance grants. 

TITLE HI-REFORM OF LEGAL IMMIGRATION 
PART ATEMPORARY AGRICULTURAL WORKERS 

Sec. 301. H-2A agricultural workers. 

Sec. 302. Permanent residence for certain special agricultural workers. 

Sec. 303. Determinations of agricultural labor shortages and admission of addi- 

tional special agricultural workers. 
Sec. 304. Commission on Agricultural Workers. 



S. 12002 

so. 305. Eligibility of H-2 agricultural workers for certain legal assistance. 
PART B OTHER CHANGES IN THE IMMIGRATION LAW 

jc. 311. Change in colonial quota. 

jc. 312. G-IV special immigrants. 

jc. 313. Visa waiver pilot program for certain visitors. 

jc. 314. Making visas available for nonpreference immigrants. 

jc. 315. Miscellaneous provisions. 

TITLE IV REPORTS TO CONGRESS 

jc. 401. Triennial comprehensive report on immigration. 

jc. 402. Reports on unauthomed alien employment. 

jc. 403. Reports on H-2A program. 

jc. 404. Reports on legalization program. 

jc. 405. Report on visa waiver pilot program. 

jc. 406. Report on Immigration and Naturalization Service. 

jc. 407. Sense of the Congress. 

TITLE V STATE ASSISTANCE FOR INCARCERATION COSTS OF ILLEGAL 
ALIENS AND CERTAIN CUBAN NATIONALS 

jc. 501. Reimbursement of States for costs of incarcerating illegal aliens and 
certain Cuban nationals. 

ITLE Vl-COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION 
AND COOPERATIVE ECONOMIC DEVELOPMENT 

jc. 601. Commission for the Study of International Migration and Cooperative 
Economic Development. 

TITLE VII-FEDERAL RESPONSIBILITY FOR DEPORTABLE AND 
EXCLUDABLE ALIENS CONVICTED OF CRIMES 

jc. 701. Expeditious deportation of convicted aliens. 

x. 702. Identification of facilities to incarcerate deportable or excludable aliens. 

TITLE I CONTROL OF ILLEGAL IMMIGRATION 
PART A EMPLOYMENT 

EC. 101. CONTROL OF UNLAWFUL 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: 

"UNLAWFUL EMPLOYMENT OF ALIENS 

"SEC. 274A. (a) MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS 
FNLAWFUL. 

"(1) IN GENERAL, It is unlawful for a person or other entity 
to hire, or to recruit or refer for a fee, for employment in the 
United States 

"(A) an alien knowing the alien is an unauthorized alien 
(as defined in subsection (hX3)) with respect to such employ- 
ment, or 

"(B) an individual without complying with the require- 
ments of subsection (b). 

"(2) CONTINUING EMPLOYMENT. It is unlawful 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 is (or has become) an unauthor- 
ized alien with respect to such employment. 

"(3) DEFENSE.--A person or entity that establishes that it has 
complied in good faith with the requirements of subsection (b) 



S. 12003 

with respect to the hiring, recruiting, or referral for employ- 
ment of an alien in the United States has established an 
affirmative defense that the person or entity has not violated 
paragraph (IX A) with respect to such hiring, recruiting, or 
referral. 

"(4) USE OF LABOR THROUGH CONTRACT. For purposes of this 
section, a person or other entity who uses a contract, sub- 
contract, or exchange, entered into, renegotiated, or extended 
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 subsection (hX3)) with 
respect to performing such labor, shall be considered to have 
hired the alien for employment in the United States in violation 
of paragraph (1XA). 

(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION. For 

purposes of paragraphs (1XB) and (3), a person or entity shall be 
deemed to have complied with the requirements 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 (bX3)) 
appropriate documentation 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 individual's referral. 

"(b) EMPLOYMENT VERIFICATION SYSTEM. The requirements re- 
ferred to in paragraphs (1XB) and (3) of subsection (a) are, in the case 
of a person or other entity hiring, recruiting, or referring an individ- 
ual for employment in the United States, the requirements specified 
in the following three paragraphs: 

"(1) ATTESTATION AFTER 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 Attorney General by regulation, that it 
has verified that the individual is not an unauthorized alien 
by examining 

"(i) a document described in subparagraph (B), or 
"(ii) a document described in subparagraph (C) and a 
document described in subparagrapn (D). 
A person or entity has complied with the requirement of 
this paragraph with respect to examination of a document 
if the document reasonably appears on its face to be genu- 
ine. If an individual provides a document or combination of 
documents that reasonably appears on its face to be genu- 
ine 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 document or as requiring the individual to 
produce such a document. 

"(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT 
AUTHORIZATION AND IDENTITY. A document described in 
this subparagraph is an individual's 
"(i) United States passport; 
"(ii) certificate of United States citizenship; 
"(iii) certificate of naturalization; 
"(iv) unexpired foreign passport, if the passport has 
an appropriate, unexpired endorsement of the Attorney 



S. 12004 

General authorizing the individual's employment in 
the United States; or 

"(v) resident alien card or other alien registration 
card, if the card 

"(I) contains a photograph of the individual or 
such other personal identifying information relat- 
ing to the individual as the Attorney General finds, 
by regulation, sufficient for purposes of this subsec- 
tion, and 

"(ID is evidence of authorization of employment 
in the United States. 

"(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZA- 
TION. A document described in this subparagraph is an 
individual's 

"(i) social security account number card (other than 
such a card which specifies on the face that the issu- 
ance of the card does not authorize employment in the 
United States); 

"(ii) certificate of birth in the United States or 
establishing United States nationality at birth, which 
certificate the Attorney General finds, by regulation, to 
be acceptable for purposes of this section; or 

"(iii) other documentation evidencing authorization 
of employment in the United States which the Attor- 
ney General finds, by regulation, to be acceptable for 
purposes of this section. 

"(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. 
A document described in this subparagraph is an 
individual's 

"(i) driver's license or similar document issued for 
the purpose of identification by a State, if it contains a 
photograph of the individual or such other personal 
identifying information relating to the individual as 
the Attorney General finds, by regulation, sufficient for 
purposes of this section; or 

"(ii) in the case of individuals 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) 
referred to in clause (ii), documentation of personal 
identity of such other type as the Attorney General 
finds, by regulation, provides a reliable means of 
identification. 

"(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZA- 
noN. The individual must attest, under penalty of perjury on 
the form designated or established for purposes of paragraph (1), 
that the individual is a citizen or national of the United States, 
an alien lawfully admitted for permanent residence, or an alien 
who is authorized under this Act or by the Attorney General to 
be hired, recruited, or referred for such employment. 

"(3) RETENTION OF VERIFICATION FORM. After completion of 
such form in accordance with paragraphs (1) and (2), the person 
or entity must retain the form and make it available for inspec- 
tion 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 



S. 12005 

"(A) in the case of the recruiting or referral for a fee 
(without hiring) of an individual, three years after the date 
of the recruiting or referral, and 

"(B) in the case of the hiring of an individual 

"(i) three years after the date of such hiring, or 
"(ii) one year after the date the individual's employ- 
ment is terminated, 
whichever is later. 

"(4) COPYING OF DOCUMENTATION PERMITTED. Notwithstand- 
ing any other provision of law, the person or entity may copy a 
document presented by an individual pursuant to this subsec- 
tion 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 FORM. A form des- 
ignated or established by the Attorney General under this 
subsection and any information contained in or appended to 
such form, may not be used for purposes other than for enforce- 
ment of this Act and sections 1001, 1028, 1546, and 1621 of title 
18, United States Code. 

"(c) No AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS. 
Nothing in 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. 

"(d) EVALUATION AND CHANGES IN EMPLOYMENT VERIFICATION 
SYSTEM. 

"(1) PRESIDENTIAL MONITORING AND IMPROVEMENTS IN 
SYSTEM. 

"(A) MONITORING. The President shall provide for the 
monitoring and evaluation of the degree to which the 
employment verification system established under subsec- 
tion (t>) provides a secure system to determine employment 
eligibility in the United States and shall examine the suit- 
ability of existing Federal and State identification systems 
for use for this purpose. 

"(B) IMPROVEMENTS TO ESTABLISH SECURE SYSTEM. To the 
extent that the system established 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 
demonstration projects conducted under paragraph (4), im- 
plement such changes in (including additions to) the 
requirements of subsection (b) as may be necessary to estab- 
lish a secure system to determine employment eligibility in 
the United States. Such changes in the system may be 
implemented only if the changes conform to the require- 
ments of paragraph (2). 

"(2) RESTRICTIONS ON CHANGES IN SYSTEM. Any change the 
President proposes to implement under paragraph (1) in the 
verification system must be designed in a manner so the 
verification system, as so changed, meets the following 
requirements: 

"(A) RELIABLE DETERMINATION OF IDENTITY. The system 
must be capable of reliably determining whether 

"(i) a person with the identity claimed by an em- 
ployee or prospective employee is eligible to work, and 



S. 12006 

"(ii) the employee or prospective employee is claim- 
ing the identity of another individual. 

"(B) USING OF COUNTERFEIT-RESISTANT DOCUMENTS. If the 
system requires that a document be presented to or exam- 
ined by an employer, the document must be in a form 
which is resistant to counterfeiting and tampering. 

"(C) LIMITED USE OF SYSTEM. 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 OF INFORMATION. The system must protect 
the privacy and security of personal information and identi- 
fiers utilized in the system. 

"(E) LIMITED DENIAL OF VERIFICATION. A verification 
that an employee or prospective employee is eligible to be 
employed in the United States may not be withheld or 
revoked under the system for any reason other than that 
the employee or prospective employee is an unauthorized 
alien. 

"(F) LIMITED USE FOR LAW ENFORCEMENT PURPOSES. The 
system may not be used for law enforcement purposes, 
other than for enforcement of this Act or sections 1001, 
1028, 1546, and 1621 of title 18, United States Code. 

"(G) RESTRICTION ON USE OF NEW DOCUMENTS. If the 
system requires individuals to present a new card or other 
document (designed specifically for use for this purpose) at 
the time of hiring, recruitment, or referral, then such 
document may not be required to be presented for any 
purpose other than under this Act (or enforcement of sec- 
tions 1001, 1028, 1546, and 1621 of title 18, United States 
Code) nor to be carried on one's person. 
'(3) NOTICE TO CONGRESS BEFORE IMPLEMENTING CHANGES. 

"(A) IN GENERAL. The President may not implement any 
change under paragraph (1) unless at least 
"(i) 60 days, 

"(ii) one year, in the case of a major change described 
in subparagraph (DXiii), or 

"(iii) two years, in the case of a major change de- 
scribed in clause (i) or (ii) of subparagraph (D), 
before the date of implementation of the change, the Presi- 
dent has prepared and transmitted to the Committee on the 
Judiciary of the House of Representatives and to the 
Committee on the Judiciary of the Senate a written report 
setting forth the proposed change. If the President proposes 
to make any change regarding social security account 
number cards, the President shall transmit to the Commit- 
tee on Ways and Means of the House of Representatives 
and to the Committee on Finance of the Senate a written 
report setting forth the proposed change. The President 
promptly shall cause to have printed in the Federal Reg- 
ister the substance of any major change (described in 
subparagraph (D)) proposed and reported to Congress. 

"(B) CONTENTS OF REPORT. In any report under subpara- 
graph (A) the President shall include recommendations for 
the establishment of civil and criminal sanctions for un- 



S. 12007 

authorized use or disclosure of the information or identifi- 
ers contained in such system. 
"(C) CONGRESSIONAL REVIEW OF MAJOR CHANGES. 

"(i) HEARINGS AND REVIEW. The Committees on the 
Judiciary of the House of Representatives and of the 
Senate shall cause to have printed in the Congressional 
Record the substance of any major change described in 
subparagraph (D), shall hold hearings respecting the 
feasibility and desirability of implementing such a 
change, and, within the two year period before im- 
plementation, shall report to their respective Houses 
findings on whether or not such a change should be 
implemented. 

"(ii) CONGRESSIONAL ACTION. No major change may 
be implemented unless the Congress specifically pro- 
vides, in an appropriations or other Act, for funds for 
implementation of the change. 

"(D) MAJOR CHANGES REQUIRING TWO YEARS NOTICE AND 

CONGRESSIONAL REVIEW. As used in this paragraph, the 
term 'major change' means a change which would 

"(i) require an individual to present a new card or 
other document (designed specifically for use for this 
purpose) at the time of hiring, recruitment, or referral, 
"(ii) provide for a telephone verification system 
under which an employer, recruiter, or referrer must 
transmit to a Federal official information concerning 
the immigration status of prospective employees and 
the official transmits to the person, and the person 
must record, a verification code, or 

"(iii) require any change in any card used for 
accounting purposes under the Social Security Act, 
including any change requiring that the only social 
security account number cards which may be presented 
in order to comply with subsection (bXIXCXi) are such 
cards as are in a counterfeit-resistant form consistent 
with the second sentence of section 205(cX2XD) of the 
Social Security Act. 

"(E) GENERAL REVENUE FUNDING OP SOCIAL SECURITY CARD 
CHANGES. Any costs incurred in developing and im- 
plementing any change described in subparagraph (DXiii) 
for purposes of this subsection shall not be paid for out of 
any trust fund established under the Social Security Act. 
"(4) DEMONSTRATION PROJECTS. 

"(A) AUTHORITY. The President may undertake dem- 
onstration projects (consistent with paragraph (2)) of dif- 
ferent changes in the requirements of subsection (b). No 
such project may extend over a period of longer than three 
years. 

"(B) REPORTS ON PROJECTS. The President shall report to 
the Congress on the results of demonstration projects con- 
ducted under this paragraph, 
"(e) COMPLIANCE. 

"(1) COMPLAINTS AND INVESTIGATIONS. The Attorney General 
shall establish procedures 

"(A) for individuals and entities to file written, signed 
complaints respecting potential violations of subsection (a). 



S. 1200-8 

"(B) for the investigation of those complaints which, on 
their face, have a substantial probability of validity, 

"(C) for the investigation of such other violations of 
subsection (a) as the Attorney General determines to be 
appropriate, and 

"(D) for the designation in the Service of a unit which 
has, as its primary duty, the prosecution of cases of viola- 
tions of subsection (a) under this subsection. 
"(2) AUTHORITY IN INVESTIGATIONS. In conducting investiga- 
ons and hearings under this subsection 

"(A) immigration officers and administrative law judges 
shall have reasonable access to examine evidence of any 
person or entity being investigated, and 

"(B) administrative law judges may, if necessary, compel 
by subpoena the attendance of witnesses and the production 
of evidence at any designated place or hearing, 
i case of contumacy or refusal to obey a subpoena lawfully 
sued under this paragraph and upon application of the Attor- 
ay General, an appropriate district court of the United States 
lay issue an order requiring compliance with such subpoena 
id any failure to obey such order may be punished by such 
>urt as a contempt thereof. 
"(3) HEARING. 

"(A) IN GENERAL. Before imposing an order described in 
paragraph (4) or (5) against a person or entity under this 
subsection for a violation of subsection (a), the Attorney 
General shall provide the person or entity with notice and, 
upon request made within a reasonable time (of not less 
than 30 days, as established by the Attorney General) of the 
date of the notice, a hearing respecting the violation. 

"(B) CONDUCT OF HEARING. Any hearing so requested 
shall be conducted before an administrative law judge. The 
hearing shall be conducted in accordance with the require- 
ments of section 554 of title 5, United States Code. The 
hearing shall be held at the nearest practicable place to the 
place where the person or entity resides or of the place 
where the alleged violation occurred. If no hearing is so 
requested, the Attorney General's Lrn position of the order 
shall constitute a final and unappealable order. 

"(C) ISSUANCE OF ORDERS. If the administrative law 
judge determines, upon the preponderance of the evidence 
received, that a person or entity named in the complaint 
has 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 (5). 
"(4) CEASE AND DESIST ORDER WITH CTVTL MONEY PENALTY FOR 

IRING, RECRUITING, AND REFERRAL VIOLATIONS. With respect 

) a violation of subsection (aXIXA) or (aX2), the order under this 
iibsection 

"(A) shall require the person or entity to cease and desist 
from such violations and to pay a civil penalty in an 
amount of 

"(i) not less than $250 and not more than $2,000 for 
each unauthorized alien with respect to whom a viola- 
tion of either such subsection occurred, 



S. 12009 

"(ii) not less than $2,000 and not more than $5,000 for 
each such alien in the case of a person or entity pre- 
viously subject to one order under this subparagraph, 
or 

"(iii) not less than $3,000 and not more than $10,000 
for each such alien in the case of a person or entity 
previously subject to more than one order under this 
subparagraph; and 
"(B) may require the person or entity 

"(i) to comply with the requirements of subsection (b) 
(or subsection (d) if applicable) with respect to individ- 
uals hired (or recruited or referred for employment for 
a fee) during a period of up to three years, and 

"(ii) to take such other remedial action as is 
appropriate. 

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

"(5) ORDER FOR CIVIL MONEY PENALTY FOR PAPERWORK VIOLA- 
TIONS. With respect to a violation of subsection (aXIXB), the 
order under this subsection shall require the person or entity to 
pay a civil penalty in an amount of not less than $100 and not 
more than $1,000 for each individual with respect to whom such 
violation occurred. In determining the amount of the penalty, 
due consideration shall be given to the size of the business of the 
employer being charged, the good faith of the employer, the 
seriousness of the violation, whether or not the individual was 
an unauthorized alien, and the history of previous violations. 
"(6) ADMINISTRATIVE APPELLATE REVIEW. The decision and 
order of an administrative law judge shall become the final 
agency decision and order of the Attorney General unless, 
within 30 days, the Attorney General modifies or vacates the 
decision and order, in which case the decision and order of the 
Attorney General shall become a final order under this subsec- 
tion. The Attorney General may not delegate the Attorney 
General's authority under this paragraph to any entity which 
has review authority over immigration-related matters. 

"(7) JUDICIAL REVIEW. A person or entity adversely affected 
by a final order respecting an assessment may, within 45 days 
after the date the final order is issued, file a petition in the 
Court of Appeals for the appropriate circuit for review of the 
order. 

"(8) ENFORCEMENT OF 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 compliance with the order in any appropriate district court 
of the United States. In any such suit, the validity and appro- 
priateness of the final order shall not be subject to review, 
"(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR PATTERN OR PRAC- 
TICE VIOLATIONS. 

"(1) CRIMINAL PENALTY. Any person or entity which engages 
in a pattern or practice of violations of subsection (aXIXA) or 
(aX2) shall be fined not more than $3,000 for each unauthorized 



S. 120010 

alien with respect to whom such a violation occurs, imprisoned 
for not more than six months for the entire pattern or practice, 
or both, notwithstanding the provisions of any other Federal 
law relating to fine levels. 

"(2) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS. When- 
ever the Attorney General has reasonable cause to believe that 
a person or entity is engaged in a pattern or practice of employ- 
ment, recruitment, or referral in violation of paragraph (1XA) or 
(2) of subsection (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, 
[g) PROHIBITION OF INDEMNITY BONDS. 

"(1) PROHIBITION. It is unlawful for a person or other entity, 
in the hiring, recruiting, or referring for employment of any 
individual, 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 potential liability 
arising under this section relating to such hiring, recruiting, or 
referring of the individual. 

"(2) CIVIL PENALTY. Any person or entity which is deter- 
mined, after notice and opportunity for an administrative hear- 
ing, to have violated paragraph (1) shall be subject to a civil 
penalty of $1,000 for each violation and to an administrative 
order requiring 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) DOCUMENTATION. In providing documentation or 
endorsement of authorization of aliens (other than aliens law- 
fully admitted for permanent residence) authorized to be em- 
ployed in the United States, the Attorney General shall provide 
that any limitations with respect to the period or type of 
employment or employer shall be conspicuously stated on the 
documentation or endorsement. 

"(2) PREEMPTION. The provisions of this section preempt any 
State or local law imposing civil or criminal sanctions (other 
than through licensing and similar laws) upon those who 
employ, or recruit or refer for a fee for employment, unauthor- 
ized aliens. 

"(3) DEFINITION OF UNAUTHORIZED ALIEN. As used in this 
section, the term 'unauthorized alien' means, with respect to 
the employment of an alien at a particular time, that the alien 
is not at that time either (A) an alien lawfully admitted for 
permanent residence, or (B) authorized to be so employed by 
this Act or by the Attorney General, 
(i) EFFECTIVE DATES. 

"(1) 6-MONTH 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 

"(A) the Attorney General, in cooperation with the Sec- 
retaries of Agriculture, Commerce, Health and Human 
Services, Labor, and the Treasury and the Administrator of 
the Small Business Administration, shall disseminate forms 
and information to employers, employment agencies, and 
organizations representing employees and provide for 



S. 1200 11 

public education respecting the requirements of this sec- 
tion, and 

"(B) the Attorney General shall not conduct any proceed- 
ing, nor issue any order, under this section on the basis of 
any violation alleged to have occurred during the period. 
"(2) 12-MONTH FIRST CITATION PERIOD. In the case of a person 
or entity, in the first instance 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 violation 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 ENFORCEMENT WITH RESPECT TO SEASONAL 
AGRICULTURAL SERVICES. 

"(A) IN GENERAL. Except as provided in subparagraph 
(B), before the end of the application period (as defined in 
subparagraph (CXi)), the Attorney General shall not con- 
duct 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) PROHIBITION OF RECRUITMENT OUTSIDE THE UNITED 
STATES. 

"(i) 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 agricul- 
tural services. 

"(ii) EXCEPTION. Clause (i) shall not apply to an 
alien who the person or entity reasonably believes 
meets the requirements of section 210(aX2) of this Act 
(relating to performance of seasonal agricultural 
services). 

"(iii) PENALTY FOR VIOLATION. A person, entity, or 
agent that violates clause (i) shall be deemed to be 
subject to a order under this section in the same 
manner as if it had violated paragraph (1XA), without 
regard to paragraph (2) of this subsection. 
"(C) DEFINITIONS. In this paragraph: 

"(i) APPLICATION PERIOD. The term 'application 
period' means the period described in section 210(aXD. 
"(ii) SEASONAL AGRICULTURAL SERVICES. The term 
'seasonal agricultural services' has the meaning given 
such term in section 210(h). 
"(j) GENERAL ACCOUNTING OFFICE REPORTS. 

"(1) IN GENERAL. Beginning one year after the date of enact- 
ment of this Act, and at intervals 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 



S. 1200-12 

"(A) such provisions have been carried out satisfactorily; 
"(B) a pattern of discrimination has resulted 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. 

"(2) DETERMINATION ON DISCRIMINATION. In each report, the 
Comptroller General shall make a specific determination as to 
whether the implementation of that section has resulted in a 
pattern of discrimination in employment (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. 
c) REVIEW BY TASKFORCE. 

"(1) ESTABLISHMENT OF JOINT TASKFORCE. The Attorney Gen- 
eral, jointly with the Chairman of the Commission on Civil 
Rights and the Chairman of the Equal Employment Oppor- 
tunity Commission, shall establish a taskforce to review each 
report of the Comptroller General transmitted under subsection 



"(2) RECOMMENDATIONS TO CONGRESS. If the report transmit- 
ted includes a determination that the implementation of this 
section has resulted in a pattern of discrimination in employ- 
ment (against other than unauthorized aliens) on the basis of 
national origin, the taskforce shall, taking into consideration 
any recommendations in the report, report to Congress rec- 
ommendations for such legislation as may be appropriate to 
deter or remedy such discrimination. 

"(3) CONGRESSIONAL HEARINGS. The Committees on the 
Judiciary of the House of Representatives and of the Senate 
shall hold hearings respecting any report of the taskforce under 
paragraph (2) within 60 days after the date of receipt of the 
report. 
i) TERMINATION DATE FOR EMPLOYER SANCTIONS. 

"(1) IF REPORT OF WIDESPREAD DISCRIMINATION AND CONGRES- 

SIONAL APPROVAL. The provisions of this section shall termi- 
nate 30 calendar days after receipt of the last report required to 
be transmitted under subsection (j), if 

"(A) the Comptroller General determines, and so reports 
in such report, that a widespread pattern of discrimination 
has resulted against citizens or nationals of the United 
States or against eligible workers seeking employment 
solely from the implementation of this section; and 

"(B) there is enacted, within such period of 30 calendar 
days, a joint resolution stating in substance that the Con- 
gress approves the findings of the Comptroller General 
contained in such report. 

"(2) SENATE PROCEDURES FOR CONSIDERATION. Any joint reso- 
lution referred to in clause (B) of paragraph (1) shall be consid- 
ered in the Senate in accordance with subsection (n). 
j\) EXPEDITED PROCEDURES IN THE HOUSE OF REPRESENTATIVES. 
the purpose of expediting the consideration and adoption of joint 



S. 120013 

resolutions under subsection (1), a motion to proceed to the consider- 
ation of any such joint resolution after it has been reported by the 
appropriate committee shall be treated as highly privileged in the 
House of Representatives. 
"(n) EXPEDITED PROCEDURES IN THE SENATE. 

"(1) CONTINUITY OF SESSION. For purposes of subsection (1), 
the continuity of a session of Congress is broken only by an 
adjournment of the Congress sine die, and the days on which 
either House is not in session because of an adjournment of 
more than three days to a day certain are excluded in the 
computation of the period indicated. 

"(2) RULEMAKING POWER. Paragraphs (3) and (4) of this 
subsection are enacted 

"(A) as an exercise of the rulemaking 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 procedure to 
be followed in the Senate in the case of joint resolutions 
referred to in subsection (1), and supersede other rules of 
the Senate only to the extent that such paragraphs are 
inconsistent therewith; and 

"(B) with full recognition of the constitutional 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. 
"(3) COMMITTEE CONSIDERATION. 

"(A) MOTION TO DISCHARGE. If the committee of the 
Senate to which has been referred a joint resolution relat- 
ing to the report described in subsection (1) has not reported 
such joint resolution at the end of ten calendar 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 further consider- 
ation of the joint resolution or to discharge the committee 
from further consideration of any other joint resolution 
introduced with respect to the same report which has been 
referred to the committee, except that no motion to dis- 
charge shall be in order after the committee has reported a 
joint resolution with respect to the same report. 

"(B) CONSIDERATION OF MOTION. A motion to discharge 
under subparagraph (A) of this paragraph may be made 
only by a Senator favoring the joint resolution, is privi- 
leged, and debate thereon shall be limited to not more than 
1 hour, to be divided equally between those favoring and 
those opposing the joint resolution, the time to be divided 
equally between, and controlled by, the majority leader and 
the minority leader or their designees. An amendment to 
the motion is not in order, and it is not in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to. 
"(4) MOTION TO PROCEED TO CONSIDERATION. 

"(A) IN GENERAL. A motion in the Senate to proceed to 
the consideration of a joint resolution shall be privileged. 
An amendment 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 disagreed to. 

"(B) DEBATE ON RESOLUTION. Debate in the Senate on a 
joint resolution, and all debatable motions and appeals in 
connection therewith, shall be limited to not more than 10 



S. 120014 

hours, to be equally divided between, and controlled by, the 
majority leader and the minority leader or their designees. 

"(C) DEBATE ON MOTION. Debate in the Senate on any 
debatable motion or appeal in connection with a joint reso- 
lution shall be limited to not more than 1 hour, to be 
equally divided between, and controlled by, the mover and 
the manager of the joint resolution, except that in the event 
the manager of the joint resolution is in favor of any such 
motion or appeal, the time in opposition thereto shall be 
controlled by the minority leader or his designee. Such 
leaders, or either of them, may, from time under their 
control on the passage of a joint resolution, allot additional 
time to any Senator during the consideration of any debat- 
able motion or appeal. 

"(D) MOTIONS TO LIMIT DEBATE. A motion in the Senate 
to further limit debate on a joint resolution, debatable 
motion, or appeal is not debatable. No amendment to, or 
motion to recommit, a joint resolution is in order in the 
Senate.". 

(2) INTERIM REGULATIONS. The Attorney General shall, not 
later than the first day of the seventh month beginning after 
the date of the enactment of this Act, first issue, on an interim 
or other basis, such regulations as may be necessary in order to 
implement this section. 

(3) GRANDFATHER FOR CURRENT EMPLOYEES. (A) Section 
274A(aXD of the Immigration and Nationality Act shall not 
apply to the hiring, or recruiting or referring of an individual 
for employment which has occurred before the date of the 
enactment of this Act. 

(B) Section 274A(aX2) of the Immigration and Nationality Act 
shall not apply to continuing employment of an alien who was 
hired before the date of the enactment of this Act. 
b) CONFORMING AMENDMENTS TO MIGRANT AND SEASONAL AGRI- 
.TURAL WORKER PROTECTION ACT. (1) The Migrant and Seasonal 
ricultural Worker Protection Act (Public Law 97-470) is 
ended 

(A) by striking out "101(aX15XHXii)" in paragraphs (8KB) and 
(10XB) of section 3 (29 U.S.C. 1802) and inserting in lieu thereof 
"101(aX15XHXiiXa)' f ; 

(B) in section 103(a) (29 U.S.C. 1813(a)) 

(i) by striking out "or" at the end of paragraph (4), 
(ii) by striking put the period at the end of paragraph (5) 
and inserting in lieu thereof "; or", and 

(iii) by adding at the end the following new paragraph: 
"(6) has been found to have violated paragraph (1) or (2) of 
section 274A(a) of the Immigration and Nationality Act."; 

(C) by striking out section 106 (29 U.S.C. 1816) and the cor- 
responding item in the table of contents; and 

(D) by striking out "section 106" in section 501 (b) (29 U.S.C. 
1851(b)) and by inserting in lieu thereof "paragraph (1) or (2) of 
section 274A(a) of the Immigration and Nationality Act". 

2) The amendments made by paragraph (1) shall apply to the 
ployment, recruitment, referral, or utilization of the services of 
individual occurring on or after the first day of the seventh 
nth beginning after the date of the enactment of this Act. 



S. 1200 15 

(c) CONFORMING AMENDMENT TO TABLE OF CONTENTS. The table 
of contents is amended by inserting after the item relating to section 
274 the following new item: 

"Sec. 274A. Unlawful employment of aliens.". 

(d) STUDY ON THE USE OF A TELEPHONE VERIFICATION SYSTEM FOR 
DETERMINING EMPLOYMENT ELIGIBILITY OF ALIENS. (1) The Attor- 
ney General, in consultation with the Secretary of Labor and the 
Secretary of Health and Human Services, shall conduct a study for 
use by the Department of Justice in determining employment eligi- 
bility of aliens in the United States. Such study shall concentrate on 
those data bases that are currently available to the Federal Govern- 
ment which through the use of a telephone and computation 
capability could be used to verify instantly the employment eligi- 
bility status of job applicants who are aliens. 

(2) Such study shall be conducted in conjunction with any existing 
Federal program which is designed for the purpose of providing 
information on the resident or employment status of aliens for 
employers. The study shall include an analysis of costs and benefits 
which shows the differences in costs and efficiency of having the 
Federal Government or a contractor perform this service. Such 
comparisons should include reference to such technical capabilities 
as processing techniques and time, verification techniques and time, 
backup safeguards, and audit trail performance. 

(3) Such study shall also concentrate on methods of phone verifica- 
tion which demonstrate the best safety and service standards, the 
least burden for the employer, the best capability for effective 
enforcement, and procedures which are within the boundaries of 
the Privacy Act of 1974. 

(4) Such study shall be conducted within twelve months of the 
date of enactment of this Act. 

(5) The Attorney General shall prepare and transmit to the 
Congress a report 

(A) not later than six months after the date of enactment of 
this Act, describing the status of such study; and 

(B) not later than twelve months after such date, setting forth 
the findings of such study. 

(e) FEASIBILITY STUDY OF SOCIAL SECURITY NUMBER VALIDATION 
SYSTEM. The Secretary of Health and Human Services, acting 
through the Social Security Administration and in cooperation with 
the Attorney General and the Secretary of Labor, shall conduct a 
study of the feasibility and costs of establishing a social security 
number validation system to assist in carrying put the purposes of 
section 274A of the Immigration and Nationality Act, and of the 
privacy concerns that would be raised by the establishment of such a 
system. The Secretary shall submit to the Committees on Ways and 
Means and Judiciary of the House of Representatives and to the 
Committees on Finance and Judiciary 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 recommenda- 
tions as may be appropriate. 

(f) COUNTERFEITING OF SOCIAL SECURITY ACCOUNT NUMBER 
CARDS. (1) The Comptroller General of the United States, upon 
consultation with the Attorney General and the Secretary of Health 
and Human Services as well as private sector representatives 
(including representatives of the financial, banking, and manufac- 
turing industries), shall inquire into technological alternatives for 



S. 1200-16 

xlucing and issuing social security account number cards that are 
>re resistant to counterfeiting than social security account 
mber cards being issued on the date of enactment of this Act by 
5 Social Security Administration, including the use of encoded 
ignetic, optical, or active electronic media such as magnetic 
ipes, holograms, and integrated circuit chips. Such inquiry should 
:us on technologies that will help ensure the authenticity of the 
d, rather than the identity of the bearer. 

2) The Comptroller General of the United States shall explore 
iitional actions that could be taken to reduce the potential for 
ludulently obtaining and using social security account number 
ds. 

3) Not later than one year after the date of enactment of this Act, 
j Comptroller General of the United States shall prepare and 
insmit to the Committee on the Judiciary and the Committee on 
iys and Means of the House of Representatives and the Commit- 
i on the Judiciary and the Committee on Finance of the Senate a 
x>rt setting forth his findings and recommendations under this 
>section. 

:. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES. 

a) IN GENERAL. Chapter 8 of title II is further amended by 
erting after section 27 4A, as inserted by section 101(a), the follow- 
\ new section: 

"UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES 

'SEC. 274B. (a) PROHIBITION OF DISCRIMINATION BASED ON NA- 
INAJL ORIGIN OR CITIZENSHIP STATUS. 

"(1) GENERAL RULE. It is an unfair immigration-related 
employment practice for a person or other entity to discrimi- 
nate against any individual (other than an unauthorized alien) 
with respect to the hiring, or recruitment or referral for a fee, of 
the individual for employment or the discharging of the individ- 
ual from employment 

"(A) because of such individual's national origin, or 
"(B) in the case of a citizen or intending citizen (as 
defined in paragraph (3)), because of such individual's citi- 
zenship status. 
"(2) EXCEPTIONS. Paragraph (1) shall not apply to 

"(A) a person or other entity that employs three or fewer 
employees, 

"(B) a person's or entity's discrimination because of an 
individual's national origin if the discrimination with re- 
spect to that person or entity and that individual is covered 
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 deter- 
mines to be essential for an employer to do business 
with an agency or department of the Federal, State, or 
local government. 

"(3) DEFINITION OF CITIZEN OR INTENDING CITIZEN. As used in 
paragraph (1), the term 'citizen or intending citizen' means an 
individual who 

"(A) is a citizen or national of the United States, or 



S. 120017 

"(B) is an alien who 

"(i) is lawfully admitted for permanent residence, is 
granted the status of an alien lawfully admitted for 
temporary residence under section 245A(aXl), is admit- 
ted as a refugee under section 207, or is granted asylum 
under section 208, and 

"(ii) evidences an intention to become a citizen of the 
United States through completing a declaration of in- 
tention to become a citizen; 

but does not include (I) an alien who fails to apply for 
naturalization within six months of the date the alien first 
becomes eligible (by virtue of period of lawful permanent 
residence) to apply for naturalization or, if later, within six 
months after 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 processing the application shall 
not be counted toward the 2-year period. 
"(4) ADDITIONAL EXCEPTION PROVIDING RIGHT TO PREFER 
EQUALLY QUALIFIED CITIZENS. Notwithstanding any other provi- 
sion of this section, it is not an unfair immigration-related 
employment practice for a person or other entity to prefer to 
hire, recruit, or refer an individual who is a citizen or national 
of the United States over another individual who is an alien if 
the two individuals are equally qualified, 
"(b) CHARGES OF VIOLATIONS. 

"(1) IN GENERAL, Except as provided in paragraph (2), any 
person alleging that the person is adversely affected directly by 
an unfair immigration-related employment practice (or a person 
on that person's behalf) or an officer of the Service alleging that 
an unfair immigration-related employment practice has oc- 
curred or is occurring may file a charge respecting such practice 
or violation with the Special Counsel (appointed under subsec- 
tion (c)). 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 immigration-related employ- 
ment 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 (aXIXA) if a charge with respect 
to that practice based on the same set of facts has been filed 
with the Equal Employment Opportunity Commission under 
title VII of the Civil Rights Act of 1964, unless the charge is 
dismissed as being outside the scope of such title. No charge 
respecting an employment practice may be filed with the Equal 
Employment Opportunity Commission under such title if a 
charge with respect to such practice based on the same set of 
facts has been filed under this subsection, unless the charge is 
dismissed under this section as being outside the scope of this 
section, 
"(c) SPECIAL COUNSEL. 

"(1) APPOINTMENT. The President shall appoint, by and with 
the advice and consent of the Senate, a Special Counsel for 



S. 1200-16 

xlucing and issuing social security account number cards that are 
>re resistant to counterfeiting than social security account 
mber cards being issued on the date of enactment of this Act by 

2 Social Security Administration, including the use of encoded 
ignetic, optical, or active electronic media such as magnetic 
ipes, holograms, and integrated circuit chips. Such inquiry should 
:us on technologies that will help ensure the authenticity of the 
rd, rather than the identity of the bearer. 

2) The Comptroller General of the United States shall explore 
iitional actions that could be taken to reduce the potential for 
tudulently obtaining and using social security account number 
rds. 

3) Not later than one year after the date of enactment of this Act, 

3 Comptroller General of the United States shall prepare and 
insmit to the Committee on the Judiciary and the Committee on 
iys and Means of the House of Representatives and the Commit- 
i on the Judiciary and the Committee on Finance of the Senate a 
wrt setting forth his findings and recommendations under this 
^section. 

C. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES. 

a) IN GENERAL. Chapter 8 of title II is further amended by 
lerting after section 27 4A, as inserted by section 101(a), the follow- 
\ new section: 

"UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES 

'Sfic. 274B. (a) PROHIBITION OF DISCRIMINATION BASED ON NA- 
INAL ORIGIN OR CITIZENSHIP STATUS. 

"(1) GENERAL RULE. It is an unfair immigration-related 
employment practice for a person or other entity to discrimi- 
nate against any individual (other than an unauthorized alien) 
with respect to the hiring, or recruitment or referral for a fee, of 
the individual for employment or the discharging of the individ- 
ual from employment 

"(A) because of such individual's national origin, or 
"(B) in the case of a citizen or intending citizen (as 
defined in paragraph (3)), because of such individual's citi- 
zenship status. 
"(2) EXCEPTIONS. Paragraph (1) shall not apply to 

"(A) a person or other entity that employs three or fewer 
employees, 

"(B) a person's or entity's discrimination because of an 
individual's national origin if the discrimination with re- 
spect to that person or entity and that individual is covered 
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 deter- 
mines to be essential for an employer to do business 
with an agency or department of the Federal, State, or 
local government. 

"(3) DEFINITION OF CITIZEN OR INTENDING CITIZEN. As used in 
paragraph (1), the term 'citizen or intending citizen' means an 
individual who 

"(A) is a citizen or national of the United States, or 



S. 1200 17 

"(B) is an alien who 

"(i) is lawfully admitted for permanent residence, is 
granted the status of an alien lawfully admitted for 
temporary residence under section 245A(aXl), is admit- 
ted as a refugee under section 207, or is granted asylum 
under section 208, and 

"(ii) evidences an intention to become a citizen of the 
United States through completing a declaration of in- 
tention to become a citizen; 

but does not include (I) an alien who fails to apply for 
naturalization within six months of the date the alien first 
becomes eligible (by virtue of period of lawful permanent 
residence) to apply for naturalization or, if later, within six 
months after 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 processing the application shall 
not be counted toward the 2-year period. 
"(4) ADDITIONAL EXCEPTION PROVIDING RIGHT TO PREFER 
EQUALLY QUALIFIED CITIZENS. Notwithstanding any other provi- 
sion of this section, it is not an unfair immigration-related 
employment practice for a person or other entity to prefer to 
hire, recruit, or refer an individual who is a citizen or national 
of the United States over another individual who is an alien if 
the two individuals are equally qualified. 
"(b) CHARGES OF VIOLATIONS. 

"(1) IN GENERAL. Except as provided in paragraph (2), any 
person alleging that the person is adversely affected directly by 
an unfair immigration-related employment practice (or a person 
on that person's behalf) or an officer of the Service alleging that 
an unfair immigration-related employment practice has oc- 
curred or is occurring may file a charge respecting such practice 
or violation with the Special Counsel (appointed under subsec- 
tion (c)). 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 immigration-related employ- 
ment 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 (aXIXA) if a charge with respect 
to that practice based on the same set of facts has been filed 
with the Equal Employment Opportunity Commission under 
title VII of the Civil Rights Act of 1964, unless the charge is 
dismissed as being outside the scope of such title. No charge 
respecting an employment practice may be filed with the Equal 
Employment Opportunity Commission under such title if a 
charge with respect to such practice based on the same set of 
facts has been filed under this subsection, unless the charge is 
dismissed under this section as being outside the scope of this 
section, 
"(c) SPECIAL COUNSEL. 

"(1) APPOINTMENT. The President shall appoint, by and with 
the advice and consent of the Senate, a Special Counsel for 



S. 1200-18 

mmigration-Related Unfair Employment Practices (hereinafter 
i this section referred to as the 'Special Counsel') within the 
)epartment of Justice to serve for a term of four years. In 
he case of a vacancy in the office of the Special Counsel the 
'resident may designate the officer or employee who shall act 
s Special Counsel during such vacancy. 

"(2) DUTIES. The Special Counsel shall be responsible for 
ivestigation of charges and issuance of complaints under this 
ection and in respect of the prosecution of all such complaints 
efore administrative law judges and the exercise of certain 
inctions under subsection (JXI). 

"(3) COMPENSATION. The Special Counsel is entitled to re- 
eive compensation at a rate not to exceed the rate now or 
ereafter provided for grade GS-17 of the General Schedule, 
nder section 5332 of title 5, United States Code. 

"(4) REGIONAL OFFICES. The Special Counsel, in accordance 
dth regulations of the Attorney General, shall establish such 
egional offices as may be necessary to carry out his duties. 
i INVESTIGATION OF CHARGES. 

"(1) BY SPECIAL COUNSEL. The Special Counsel shall inves- 
igate each charge received and, within 120 days of the date of 
tie receipt of the charge, determine whether or not there is 
easonable cause to believe that the charge is true and whether 
r not to bring a complaint with respect to the charge before an 
dministrative law judge. The Special Counsel may, on his own 
litiative, conduct investigations respecting unfair immigration- 
elated employment practices and, based on such an investiga- 
Lon and subject to paragraph (3), file a complaint before such a 
idge, 

"(2) PRIVATE ACTIONS. If the Special Counsel, after receiving 
iich a charge respecting an unfair immigration-related employ- 
lent practice which alleges knowing and intentional discrimi- 
atpry activity or a pattern or practice of discriminatory 
ctivity, has not filed a complaint before an administrative law 
idge with respect to such charge within such 120-day period, 
he person making the charge may (subject to paragraph (3)) file 

complaint directly before such a judge. 

"(3) TIME LIMITATIONS ON COMPLAINTS. No complaint may be 
iled respecting any unfair immigration-related employment 
ractice occurring more than 180 days prior to the date of the 
iling of the charge with the Special Counsel. This subparagraph 
hall not prevent the subsequent amending of a charge or 
omplaint under subsection (eXD. 
i HEARINGS. 

"(1) NOTICE. Whenever a complaint is made that a person or 
ntity has engaged in or is engaging in any such unfair 
nmigration-related employment practice, an administrative 
iw judge shall have power to issue and cause to be served upon 
uch person or entity a copy of the complaint and a notice of 
earing before the judge at a place therein fixed, not less than 
ive days after the serving of the complaint. Any such complaint 
lay be amended by the judge conducting the hearing, upon the 
lotion of the party filing the complaint, in the judge's discre- 
ion at any time prior to the issuance of an order based thereon. 
Tie person or entity so complained of shall have the right to file 
n answer to the original or amended complaint and to appear 



S. 120019 

in person or otherwise and give testimony at the place and time 
fixed in the complaint. 

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

"(3) COMPLAINANT AS PARTY. Any person filing a charge with 
the Special Counsel respecting an unfair immigration-related 
employment practice shall be considered a party to any com- 
plaint before an administrative law judge respecting such prac- 
tice and any subsequent appeal respecting that complaint. In 
the discretion of the judge conducting the hearing, any other 
person may be allowed to intervene in the said proceeding and 
to pjesen' testimony, 
"(f) TESTIMONY AND AUTHORITY OF HEARING OFFICERS. 

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

"(2) AUTHORITY OF ADMINISTRATIVE LAW JUDGES. In conduct- 
ing investigations and hearings under this subsection and in 
accordance with regulations of the Attorney General, the Spe- 
cial Counsel and administrative law judges shall have reason- 
able access to examine evidence of any person or entity being 
investigated. The administrative law judges by subpoena may 
compel the attendance of witnesses and the production of evi- 
dence at any designated place or hearing. In case of contumacy 
or refusal to obey a subpoena lawfully issued under this para- 
graph and upon application of the administrative law judge, an 
appropriate district court of the United States may issue an 
order requiring compliance with such subpoena and any failure 
to obey such order may be punished by such court as a contempt 
thereof, 
"(g) DETERMINATIONS. 

"(1) ORDER. The administrative law judge shall issue and 
cause to be served on the parties to the proceeding an order, 
which shall be final unless appealed as provided under subsec- 
tion (i). 
"(2) ORDERS FINDING VIOLATIONS. 

"(A) IN GENERAL. If, upon the preponderance 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 immigration-related 
employment practice, then the judge shall state his findings 
of fact and shall issue and cause to be served on such person 
or entity an order which requires such person or entity to 
cease and desist from such unfair immigration-related 
employment practice. 

(B) CONTENTS OF ORDER. Such an order also may re- 
quire the person or entity 

"(i) to comply with the requirements of section 
274A(b) with respect to individuals hired (or recruited 
or referred for employment for a fee) during a period of 
up to three years; 



S. 1200-20 

"(ii) to retain for the period referred to in clause (i) 
and only for purposes consistent with section 
274fbX5), the name and address of each individual 
who applies, in person or in writing, for hiring for an 
existing position, or for recruiting or referring for a fee, 
for employment in the United States; 

"(iii) to hire individuals directly and adversely af- 
fected, with or without back pay; and 

"(ivXI) except as provided in subclause (II), to pay a 
civil penalty of not more than $1,000 for each individ- 
ual discriminated against, and 

"(II) in the case of a person or entity previously 
subject to such an order, to pay a civil penalty of not 
more than $2,000 for each individual discriminated 
against. 

"(C) LIMITATION ON BACK PAY REMEDY. In providing a 
remedy under subparagraph (BXiii), 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 administrative law 
judge. Interim earnings or amounts earnable with reason- 
able diligence by the individual or individuals dis- 
criminated against shall operate to reduce the back pay 
otherwise allowable under such subparagraph. No order 
shall require the hiring of an individual as an employee 
or the payment to an individual of any back pay, if the 
individual was refused employment for any reason other 
than discrimination on account of national origin or citizen- 
ship status. 

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

"(3) ORDERS NOT FINDING VIOLATIONS. If upon the preponder- 
nce of the evidence an administrative law judge determines 
bat the person or entity named in the complaint has not 
ngaged or is not engaging in any such unfair immigration- 
elated employment practice, then the judge shall state his 
indings of fact and shall issue an order dismissing the 
omplaint. 

) AWARDING OF ATTORNEYS' FEES. In any complaint respecting 
tfair immigration-related employment practice, an administra- 
aw judge, in the judge's discretion, may allow a prevailing 
, other than the United States, a reasonable attorney's fee, if 
ising party's argument is without reasonable foundation in law 
act. 

REVIEW OF FINAL ORDERS. 

"(1) IN GENERAL. Not later than 60 days after the entry of 
uch final order, any person aggrieved by such final order may 
eek a review of such order in the United States court of appeals 
Dr the circuit in which the violation is alleged to have occurred 
r in which the employer resides or transacts business. 
"(2) FURTHER REVIEW. Upon the filing of the record with the 
ourt, the jurisdiction of the court shall be exclusive and its 



S. 120021 

judgment shall be final, except that the same shall be subject to 
review by the Supreme Court of the United States upon writ of 
certiorari or certification as provided in section 1254 of title 28, 
United States Code. 
"(j) COURT ENFORCEMENT OF ADMINISTRATIVE ORDERS. 

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

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

"(3) ENFORCEMENT DECREE IN ORIGINAL REVIEW. If, upon 
appeal of an order under subsection (iXD, the United States 
court of appeals does not reverse such order, such court shall 
have the jurisdiction to make and enter a decree enforcing the 
order of the administrative law judge. 

"(4) AWARDING OF ATTORNEY'S FEES. In any judicial proceed- 
ing under subsection (i) or this subsection, the court, in its 
discretion, may allow a prevailing party, other than the United 
States, a reasonable attorney's fee as part of costs but only if the 
losing party's argument is without reasonable foundation in law 
and fact, 
"(k) TERMINATION DATES. 

"(1) This section shall not apply to discrimination in hiring, 
recruiting, referring, or discharging of individuals occurring 
after the date of any termination of the provisions of section 
274A, under subsection (1) of that section. 

"(2) The provisions of this section shall terminate 30 calendar 
days after receipt of the last report required to be transmitted 
under section 274A(j) if 

"(A) the Comptroller General determines, and so reports 
in such report that 

"(i) no significant discrimination has resulted, 
against citizens or nationals of the United States or 
against any eligible workers seeking employment, from 
the implementation of section 274A, or 

"(ii) such section has created an unreasonable burden 
on employers hiring such workers; and 
"(B) there has been enacted, within such period of 30 
calendar days, a joint resolution stating in substance that 
the Congress approves the findings of the Comptroller Gen- 
eral contained in such report. 

The provisions of subsections (m) and (n) of section 274A shall 
apply to any joint resolution under subparagraph (B) in the 
same manner as they apply to a joint resolution under subsec- 
tion (1) of such section.". 

fb) No EFFECT ON EEOC AUTHORITY. Except as may be specifi- 
cally provided in this section, nothing in this section shall be 
construed to restrict the authority of the Equal Employment Oppor- 
tunity Commission to investigate allegations, in writing and under 
oath or affirmation, of unlawful employment practices, as provided 
in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or 
any other authority provided therein. 



S. 1200-22 

:) CLERICAL AMENDMENT. The table of contents is amended by 
erting after the item relating to section 274A (as added by section 
(c)) the following new item: 

:. 274B. Unfair immigration-related employment practices.". 

;. 103. FRAUD AND MISUSE OF CERTAIN IMMIGRATION-RELATED 
DOCUMENTS. 

i) APPLICATION TO ADDITIONAL DOCUMENTS. Section 1546 of title 
United States Code, is amended 

(1) by amending the heading to read as follows: 

1546. Fraud and misuse of visas, permits, and other documents"; 

(2) by striking out "or other document required for entry into 
the United States" in the first paragraph and inserting in lieu 
thereof "border crossing card, alien registration receipt card, or 
other document prescribed by statute or regulation for entry 
into or as evidence of authorized stay or employment in the 
United States"; 

(3) by striking out "or document" in the first paragraph and 
inserting in lieu thereof "border crossing card, alien registra- 
tion receipt card, or other document prescribed by statute or 
regulation for entry into or as evidence of authorized stay or 
employment in the United States"; 

(4) by striking out "$2,000" and inserting in lieu thereof "in 
accordance with this title"; 

(5) by inserting "(a)" before "Whoever" the first place it 
appears; and 

(6) by adding at the end the following new subsections: 

(b) Whoever uses 

"(1) an identification document, knowing (or having reason to 
know) that the document was not issued lawfully for the use of 
the possessor, 

"(2) an identification document knowing (or having reason to 
know) that the document is false, or 

"(3) a false attestation, 

the purpose of satisfying a requirement of section 274 A(b) of the 
migration and Nationality Act, shall be fined in accordance with 
5 title, or imprisoned not more than two years, or both. 

(c) This section does not prohibit any lawfully authorized inves- 
itive, protective, or intelligence activity of a law enforcement 
mcy of the United States, a State, or a subdivision of a State, or of 

intelligence agency of the United States, or any activity au- 
rized under title V of the Organized Crime Control Act of 1970 
U.S.C. note prec. 3481).". 

t>) CLERICAL AMENDMENT. The item relating to section 1546 in 
table of sections of chapter 75 of such title is amended to read as 
ows: 

16. Fraud and misuse of visas, permits, and other documents.". 



S. 120023 
PART B IMPROVEMENT OF ENFORCEMENT AND SERVICES 

SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND 
SERVICE ACTIVITIES OF THE IMMIGRATION AND NATf- 
RALIZATION SERVICE. 

(a) Two ESSENTIAL ELEMENTS. It is the sense of Congress that two 
essential elements of the program of immigration control estab- 
lished by this Act are 

(1) an increase in the border patrol and other inspection and 
enforcement activities of the Immigration and Naturalization 
Service and of other appropriate Federal agencies in order to 
prevent and deter the illegal 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 Immigration and Naturalization Service and other appro- 
priate Federal agencies in order to ensure prompt and efficient 
adjudication of petitions and applications provided for under 
the Immigration and Nationality Act. 

(b) INCREASED AUTHORIZATION OF APPROPRIATIONS FOR INS AND 
EOIR. In addition to any other amounts authorized to be appro- 
priated, in order to carry out this Act there are authorized to be 
appropriated to the Department of Justice 

(1) for the Immigration and Naturalization Service, for fiscal 
year 1987, $422,000,000, and for fiscal year 1988, $419,000,000; 
and 

(2) for the Executive Office of Immigration Review, for fiscal 
year 1987, $12,000,000, and for fiscal year 1988, $15,000,000. 

Of the amounts authorized to be appropriated under paragraph (1) 
sufficient funds shall be available to provide for an increase in the 
border patrol personnel of the Immigration and Naturalization 
Service so that the average level of such personnel in each of fiscal 
years 1987 and 1988 is at least 50 percent higher than such level for 
fiscal year 1986. 

(c) USE OF FUNDS FOR IMPROVED SERVICES. Of the funds appro- 
priated to the Department of Justice for the Immigration and 
Naturalization Service, the Attorney General shall provide for im- 
proved immigration and naturalization services and for enhanced 
community outreach and in-service training of personnel of the 
Service. Such enhanced community outreach may include the 
establishment of appropriate local community taskforces to im- 
prove the working relationship between the Service and local 
community groups and organizations (including employers and 
organizations representing minorities). 

(d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR WAGE 
AND HOUR ENFORCEMENT. There are authorized to be appropriated, 
in addition to such sums as may be available for such purposes, such 
sums as may be necessary to the Department of Labor for enforce- 
ment 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 
employment of unauthorized aliens and remove the economic incen- 
tive for employers to exploit and use such aliens. 

SEC. 112. UNLAWFUL TRANSPORTATION OF ALIENS TO THE UNITED 
STATES. 

(a) CRIMINAL PENALTIES. Subsection (a) of section 274 (8 U.S.C. 
1324) is amended to read as follows: 



S. 1200-24 

'(a) CRIMINAL PENALTIES. (1) Any person who 

"(A) knowing that a person is an alien, brings to or attempts 
to bring to the United States in any manner whatsoever such 
person at a place other than a designated port of entry or place 
other than as designated by the Commissioner, regardless of 
whether such alien has received prior official authorization to 
come to, enter, or reside in the United States and regardless of 
any future official action which may be taken with respect to 
such alien; 

"(B) knowing or in reckless disregard of the fact that an alien 
has come to, entered, or remains in the United States in viola- 
tion of law, transports, or moves or attempts to transport or 
move such alien within the United States by means of transpor- 
tation or otherwise, in furtherance of such violation of law; 
"(C) knowing or in reckless disregard of the fact that an alien 
has come to, entered, or remains in the United States in viola- 
tion of law, conceals, harbors, or shields from detection, or 
attempts to conceal, harbor, or shield from detection, such alien 
in any place, including any building or any means of transpor- 
tation; or 

"(D) 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 residence is or will be in violation 
of law, 

11 be fined in accordance with title 18, United States Code, 
>risoned not more than five years, or both, for each alien in 
pect to whom any violation of this subsection occurs. 
(2) Any person who, knowing or in reckless disregard of the fact 
t an alien has not received prior official authorization to come to, 
er, or reside in the United States, brings to or attempts to bring 
;he United States in any manner whatsoever, such alien, regard- 
3 of any official action which may later be taken with respect to 
h alien shall, for each transaction constituting a violation of this 
agraph, regardless 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 
"(B) in the case of 

"(i) a second or subsequent offense, 

"(ii) an offense done for the purpose of commercial advan- 
tage or private financial gain, or 

"(iii) an offense in which the alien is not upon arrival 
immediately brought and presented to an appropriate 
immigration officer at a designated port of entry, 
be fined in accordance with title 18, United States Code, or 
imprisoned not more than five years, or both.". 
b) MISCELLANEOUS AMENDMENTS TO SEIZURE AND FORFEITURE 
DCEDURES. Subsection (b) of such section is amended 

(1) in paragraph (1) before subparagraph (A) by striking put 
"is used ' and inserting in lieu thereof "has been or is being 
used", 

(2) by striking out "subject to seizure and" in paragraph (1) 
and inserting in lieu thereof "seized and subject to , 

(3) by inserting "or is being" after "has been" in paragraph 
(2), 

(4) by striking out "conveyances" in paragraph (3) and insert- 
ing in lieu thereof "property", 



S. 1200 25 

(5) by inserting ", or the Federal Maritime Commission if 
appropriate under section 203(i) of the Federal Property and 
Administrative Services Act of 1949," in paragraph (4)(C) after 
"General Services Administration", 

(6) in paragraph (4) 

(A) by striking out "or" at the end of subparagraph (B), 

(B) by striking out the period at the end of subparagraph 
(C) and inserting in lieu thereof"; or", and 

(C) by inserting after such subparagraph the following 
new subparagraph: 

"(D) dispose of the conveyance in accordance with the terms 
and conditions of any petition of remission or mitigation of 
forfeiture granted by the Attorney General."; 

(7) by striking out ": Provided, That" in paragraph (5) and 
inserting in lieu thereof", except that", 

(8) by striking out "was not lawfully entitled 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 appears, and 

(9) by inserting "or of the Department of State" in paragraph 
(5XB) after "Service". 

SEC. 113. IMMIGRATION EMERGENCY FUND. 

Section 404 (8 U.S.C. 1101 note) is amended by inserting "(a)" after 
"SEC. 404." and by adding at the end the following new subsection: 

"(b) There are authorized to be appropriated 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 enforce- 
ment activities of the Service and for reimbursement of State and 
localities in providing assistance as requested by the Attorney Gen- 
eral in meeting an immigration emergency, except that no amounts 
may be withdrawn from such fund with respect to an emergency 
unless the President has determined that the immigration emer- 
gency exists and has certified such fact to the Judiciary Committees 
of the House of Representatives and of the Senate.". 

SEC. 114. LIABILITY OF OWNERS AND OPERATORS OF INTERNATIONAL 
BRIDGES AND TOLL ROADS TO PREVENT THE UNAUTHORIZED 
LANDING OF ALIENS. 

Section 271 (8 U.S.C. 1321) is amended by inserting at the end the 
following new subsection: 

"(cXl) Any owner or operator of a railroad line, international 
bridge, or toll road who establishes to the satisfaction of the Attor- 
ney 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. 

"(2XA) At the request of any person described in paragraph (1), 
the Attorney General shall inspect any facility established, or any 
method utilized, at a point of entry into the United States by such 
person for the purpose of complying with subsection (a). The Attor- 
ney General shall approve any such facility or method (for such 
period of time as the Attorney General may prescribe) which the 
Attorney General determines is satisfactory for such purpose. 



S. 1200-26 

'(B) Proof that any person described in paragraph (1) has dili- 
itly maintained any facility, or utilized any method, which has 
jn approved by the Attorney General under subparagraph (A) 
thin the period for which the approval is effective) shall be prima 
ie evidence that such person acted diligently and reasonably to 
fill the duty imposed by subsection (a) (within the meaning of 
ragraph (1) of this subsection).". 

:. 115. ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED 
STATES. 

t is the sense of the Congress that 

(1) the immigration laws of the United States should be 
enforced vigorously and uniformly, and 

(2) in the enforcement of such laws, the Attorney General 
shall take due and deliberate actions necessary to safeguard the 
constitutional rights, personal safety, and human dignity of 
United States citizens and aliens. 

1 116. RESTRICTING WARRANTLESS ENTRY IN THE CASE OF OUTDOOR 
AGRICULTURAL OPERATIONS. 

Section 287 (8 U.S.C. 1357) is amended by adding at the end the 
[owing new subsection: 

'(d) Notwithstanding any other provision of this section other 
in paragraph (3) of subsection (a), an officer or employee of the 
vice may not enter without the consent of the owner (or agent 
ireof) or a properly executed warrant onto the premises of a farm 
other outdoor agricultural operation for the purpose of interro- 
;ing a person believed to be an alien as to the person's right to be 
to remain in the United States.". 

:. 117. RESTRICTIONS ON ADJUSTMENT OF STATUS. 

Section 245(cX2) (8 U.S.C. 1255(cX2) is amended by inserting after 
Breafter continues in or accepts unauthorized employment prior 
filing an application for adjustment of status" the following: "or 
o is not in legal immigration status on the date of filing the 
plication for adjustment of status or who has failed (other than 
ough no fault of his own for technical reasons) to maintain 
itinuously a legal status since entry into the United States". 

PART C VERIFICATION OF STATUS UNDER CERTAIN PROGRAMS 

C. 121. VERIFICATION OF IMMIGRATION STATUS OF ALIENS APPLYING 
FOR BENEFITS UNDER CERTAIN PROGRAMS. 

a) REQUIRING IMMIGRATION STATUS VERIFICATION. 

(1) UNDER AFDC, MEDICAID, UNEMPLOYMENT COMPENSATION, 
AND FOOD STAMP PROGRAMS. Section 1137 of the Social Security 
Act (42 U.S.C. 1320b-7) is amended 

(A) in the matter in subsection (a) before paragraph (1), 
by inserting "which meets the requirements of subsection 
(d) and" after "income and eligibility verification system", 

(B) in subsection (b), by striking out "income verification 
system" in the matter preceding paragraph (1) and insert- 
ing in lieu thereof "income and eligibility verification 
system", and 

(C) by adding at the end the following new subsections: 
'(d) The requirements of this subsection, with respect to an 
:ome and eligibility verification system of a State, are as follows: 



S. 120027 

"(IX A) The State shall require, as a condition of an individ- 
ual's eligibility for benefits under any program listed in subsec- 
tion (b), a declaration in writing by the individual (or, in the 
case of an individual who is a child, by another on the individ- 
ual's behalf), under penalty of perjury, stating whether or not 
the individual is a citizen or national of the United States, and, 
if that individual is not a citizen or national of the United 
States, that the individual is in a satisfactory immigration 
status. 

"(B) In this subsection 

"(i) in the case of the program described in subsection 
(bXD, any reference to an individual's eligibility for benefits 
under the program shall be considered a reference to the 
individual's being considered a dependent child or to the 
individual's being treated as a caretaker relative or other 
person whose needs are to be taken into account in making 
the determination under section 402(aX7), 

"(ii) in the case of the program described in subsection 
(bX4) 

"(I) any reference to the State shall be considered a 
reference to the State agency, and 

"(ID any reference to an individual's eligibility for 
benefits under the program shall be considered a ref- 
erence to the individual's eligibility to participate in 
the program as a member of a household, and 

"(III) the term 'satisfactory immigration status' 
means an immigration status which does not make the 
individual ineligible for benefits under the applicable 
program. 

"(2) If such an individual is not a citizen or national of the 
United States, there must be presented either 

"(A) alien registration documentation or other proof of 
immigration registration from the Immigration and Natu- 
ralization Service that contains the individual's alien 
admission number or alien file number (or numbers if the 
individual has more than one number), or 

"(B) such other documents as the State determines con- 
stitutes reasonable evidence indicating a satisfactory 
immigration status. 

"(3) If the documentation described in paragraph (2XA) is 
presented, the State shall utilize the individual s alien file or 
alien admission number to verify with the Immigration and 
Naturalization Service the individual's immigration status 
through an automated or other system (designated by the 
Service for use with States) that 

"(A) utilizes the individual's name, file number, admis- 
sion number, or other means permitting efficient verifica- 
tion, and 

"(B) protects the individual's privacy to the maximum 
degree possible. 

"(4) In the case of such an individual who is not a citizen or 
national of the United States, if, at the time of application for 
benefits, the statement described in paragraph (1) is submitted 
but the documentation required under paragraph (2) is not 
presented or if the documentation required under paragraph 
(2XA) is presented but such documentation is not verified under 
paragraph (3) 



S. 120028 

"(A) the State 

"(i) shall provide a reasonable opportunity to submit 
to the State evidence indicating a satisfactory immigra- 
tion status, and 

"(ii) may not delay, deny, reduce, or terminate the 
individual s eligibility for benefits under the program 
on the basis of the individual's immigration status 
until such a reasonable opportunity has been provided; 
and 

"(B) if there are submitted documents which the State 
determines constitutes reasonable evidence indicating such 
status 

"(i) the State shall transmit to the Immigration and 
Naturalization Service photostatic or other similar 
copies of such documents for official verification, 

(ii) pending such verification, the State may not 
delay, deny, reduce, or terminate the individual's eligi- 
bility for benefits under the program on the basis of the 
individual's immigration status, and 

"(iii) the State shall not be liable for the con- 
sequences of any action, delay, or failure of the Service 
to conduct such verification. 

"(5) If the State determines, after complying with the require- 
ments of paragraph (4), that such an individual is not in a 
satisfactory immigration status under the applicable program 
"(A) the State shall deny or terminate the individual's 
eligibility for benefits under the program, and 

"(B) the applicable fair hearing process shall be made 
available with respect to the individual. 

"(e) Each Federal agency responsible for administration of a 
ogram described in subsection (b) shall not take any compliance, 
sallowance, penalty, or other regulatory action against a State 
;th respect to any error in the State's determination to make an 
dividual eligible for benefits based on citizenship or immigration 
atus 

"(1) if the State has provided such eligibility based on a 
verification of satisfactory immigration status by the Immigra- 
tion and Naturalization Service, 

"(2) because the State, under subsection (dX4XAXii), was 
required to provide a reasonable opportunity to submit 
documentation, 

"(3) because the State, under subsection (dX4XBXii), was 
required to wait for the response of the Immigration and Natu- 
ralization Service to the State's request for official verification 
of the immigration status of the individual, or 

"(4) because of a fair hearing process described in subsection 
(dX5XB).". 

(2) UNDER HOUSING ASSISTANCE PROGRAMS. Section 214 of the 
Housing and Community Development Act of 1980 (42 U.S.C. 
1436a) is amended by adding at the end the following new 
subsections: 

"(d) The following conditions apply with respect to financial assist- 
ice being provided for the benefit of an individual: 

"(IX A) There must be a declaration in writing by the individ- 
ual (or, in the case of an individual who is a child, by another on 
the individual's behalf), under penalty of perjury, stating 
whether or not the individual is a citizen or national of the 



S. 120029 

United States, and, if that individual is not a citizen or national 
of the United States, that the individual is in a satisfactory 
immigration status. 

"(B) In this subsection, the term 'satisfactory immigration 
status' means an immigration status which does not make the 
individual ineligible for financial assistance. 

"(2) If such an individual is not a citizen or national of the 
United States, there must be presented either 

"(A) alien registration documentation or other proof of 
immigration registration from the Immigration and Natu- 
ralization Service that contains the individual's alien 
admission number or alien file number (or numbers if the 
individual has more than one number), or 

"(B) such other documents as the Secretary determines 
constitutes reasonable evidence indicating a satisfactory 
immigration status. 

"(3) If the documentation described in paragraph (2XA) is 
presented, the Secretary shall utilize the individual's alien file 
or alien admission number to verify with the Immigration and 
Naturalization Service the individual's immigration status 
through an automated or other system (designated by the Serv- 
ice for use with States) that 

"(A) utilizes the individual's name, file number, admis- 
sion number, or other means permitting efficient verifica- 
tion, and 

"(B) protects the individual's privacy to the maximum 
degree possible. 

"(4) In the case of such an individual who is not a citizen or 
national of the United States, if, at the time of application for 
financial assistance, the statement described in paragraph (1) is 
submitted but the documentation required under paragraph (2) 
is not presented or if the documentation required under para- 
graph (2XA) is presented but such documentation is not verified 
under paragraph (3) 

"(A) the Secretary 

"(i) shall provide a reasonable opportunity to submit 
to the Secretary evidence indicating a satisfactory 
immigration status, and 

"(ii) may not delay, deny, reduce, or terminate the 
individual's eligibility for financial assistance on the 
basis of the individual's immigration status until such 
a reasonable opportunity has been provided; and 
"(B) if there are submitted documents which the Sec- 
retary determines constitutes reasonable evidence indicat- 
ing such status 

"(i) the Secretary shall transmit to the Immigration 
and Naturalization Service photostatic or other similar 
copies of such documents for official verification, 

"(ii) pending such verification, the Secretary may not 
delay, deny, reduce, or terminate the individual's eligi- 
bility for financial assistance on the basis of the 
individual's immigration status, and 

"(iii) the Secretary shall not be liable for the con- 
sequences of any action, delay, or failure of the Service 
to conduct such verification. 



S. 120030 

"(5) If the Secretary determines, after complying with the 
requirements of paragraph (4), that such an individual is not in 
a satisfactory immigration status 

"(A) the Secretary shall deny or terminate the individ- 
ual's eligibility for financial assistance, and 

"(B) the applicable fair hearing process shall be made 
available with respect to the individual. 

this subsection and subsection (e), the term 'Secretary' refers to 
e Secretary and to a public housing authority or other entity 
lich makes financial assistance available. 

"(e) The Secretary shall not take any compliance, disallowance, 
nalty, or other regulatory action against an entity with respect to 
y error in the entity's determination to make an individual 
gible for financial assistance based on citizenship or immigration 
itus 

"(1) if the entity has provided such eligibility based on a 
verification of satisfactory immigration status by the Immigra- 
tion and Naturalization Service, 

"(2) because the entity, under subsection (dX4XAXii), 
was required to provide a reasonable opportunity to submit 
documentation, 

"(3) because the entity, under subsection (dX4XBXii), was 
required to wait for the response to the Immigration and Natu- 
ralization Service to the entity's request for official verification 
of the immigration status of the individual, or 

"(4) because of a fair hearing process described in subsection 
(dX5XB).". 

(3) UNDER TITLE iv EDUCATIONAL ASSISTANCE. Section 484 of 
the Higher Education Act of 1965 (20 U.S.C. 1091) is amended by 
adding at the end the following new subsections: 
"(c) The following conditions apply with respect to an individual's 
ceipt of any grant, loan, or work assistance under this title as a 
jdent at an institution of higher education: 

"(1XA) There must be a declaration in writing to the institu- 
tion by the student, under penalty of perjury, stating whether 
or not the student is a citizen or national of the United States, 
and, if the student is not a citizen or national of the United 
States, that the individual is in a satisfactory immigration 
status. 

"(B) In this subsection, the term 'satisfactory immigration 
status' means an immigration status which does not make the 
student ineligible for a grant, loan, or work assistance under 
this title. 

"(2) If the student is not a citizen or national of the United 
States, there must be presented to the institution either 
"(A) alien registration documentation or other proof of 
immigration registration from the Immigration and Natu- 
ralization Service that contains the individual's alien 
admission number or alien file number (or numbers if the 
individual has more than one number), or 

"(B) such other documents as the institution determines 
(in accordance with guidelines of the Secretary) constitutes 
reasonable evidence indicating a satisfactory immigration 
status. 

"(3) If the documentation described in paragraph (2XA) is 
presented, the institution shall utilize the individual's alien file 
or alien admission number to verify with the Immigration and 



S. 120031 

Naturalization Service the individual's immigration status 
through an automated or other system (designated by the 
Service for use with institutions) that 

"(A) utilizes the individual's name, file number, admis- 
sion number, or other means permitting efficient verifica- 
tion, and 

"(B) protects the individual's privacy to the maximum 
degree possible. 

"(4) In the case of such an individual who is not a citizen or 
national of the United States, if the statement described in 
paragraph (1) is submitted but the documentation required 
under paragraph (2) is not presented or if the documentation 
required under paragraph (2XA) is presented but such docu- 
mentation is not verified under paragraph (3) 
"(A) the institution 

"(i) shall provide a reasonable opportunity to submit 
to the institution evidence indicating a satisfactory 
immigration status, and 

"(ii) may not delay, deny, reduce, or terminate the 
individual's eligibility for the grant, loan, or work 
assistance on the basis of the individual's immigration 
status until such a reasonable opportunity has been 
provided; and 

"(B) if there are submitted documents which the institu- 
tion determines constitutes reasonable evidence indicating 
such status 

"(i) the institution shall transmit to the Immigration 
and Naturalization Service photostatic or other similar 
copies of such documents for official verification, 

"(ii) pending such verification, the institution may 
not delay, deny, reduce, or terminate the individual's 
eligibility for the grant, loan, or work assistance on the 
basis of the individual's immigration status, and 

"(iii) the institution shall not be liable for the con- 
sequences of any action, delay, or failure of the Service 
to conduct such verification. 

"(5) If the institution determines, after complying with the 
requirements of paragraph (4), that such an individual is not in 
a satisfactory immigration status 

"(A) the institution shall deny or terminate the individ- 
ual's eligibility for such grant, loan, or work assistance, and 
"(B) the fair hearing process (which includes, at a mini- 
mum, the requirements of paragraph (6)) shall be made 
available with respect to the individual. 

"(6) The minimal requirements of this paragraph for a fair 
hearing process are as follows: 

"(A) The institution provides the individual concerned 
with written notice of the determination described in para- 
graph (5) and of the opportunity for a hearing respecting 
the determination. 

"(B) Upon timely request by the individual, the institu- 
tion provides a hearing before an official of the institution 
at which the individual can produce evidence of a satisfac- 
tory immigration status. 

' (C) Not later than 45 days after the date of an individ- 
ual's request for a hearing, the official will notify the 



S. 1200-32 

individual in writing of the official's decision on the appeal 
of the determination. 

'(d) The Secretary shall not take any compliance, disallowance, 
laity, or other regulatory action against an institution of higher 
ication with respect to any error in the institution's determina- 
n to make a student eligible for a grant, loan, or work assistance 
>ed on citizenship or immigration status 

"(1) if the institution has provided such eligibility based on a 
verification of satisfactory immigration status by the Immigra- 
tion and Naturalization Service, 

"(2) because the institution, under subsection (cX4XAXii), was 
required to provide a reasonable opportunity to submit docu- 
mentation, 

"(3) because the institution, under subsection (cX4XBXii), was 
required to wait for the response of the Immigration and Natu- 
ralization Service to the institution's request for official ver- 
ification of the immigration status of the student, or 

"(4) because of a fair hearing process described in subsection 
(cXSXB). 
'(e) Notwithstanding subsection (c), if 

"(1) a guaranty is made under this title for a loan made with 
respect to an individual, 

' (2) at the time the guaranty is entered into, the provisions of 
subsection (c) had been complied with, 

"(3) amounts are paid under the loan subject to such guar- 
anty, and 

"(4) there is a subsequent determination that, because of an 
unsatisfactory immigration status, the individual is not eligible 
for the loan, 

; official of the institution making the determination shall notify 
i instruct the entity making the loan to cease further payments 
der the loan, but such guaranty shall not be voided or otherwise 
Ilified with respect to such payments made before the date of the 
;ity receives the notice.". 
b) PROVIDING 100 PERCENT REIMBURSEMENT FOR COSTS OF IM- 

LMENTATION AND OPERATION. 

(1) UNDER AFDC PROGRAM. Section 403(aX3) of the Social 
Security Act is amended by inserting before subparagraph (B) 
the following new subparagraph: 

"(A) 100 percent of so much of such expenditures as are 
for the costs of the implementation and operation of the 
immigration status verification system described in section 



(2) UNDER MEDICAID PROGRAM. Section 1903(a) of such Act is 
amended by inserting after paragraph (3) the following new 
paragraph: 

"(4) an amount equal to 100 percent of the sums expended 
during the quarter which are attributable to the costs of the 
implementation and operation of the immigration status ver- 
ification system described in section 1137(d); plus". 

(3) UNDER UNEMPLOYMENT COMPENSATION PROGRAM. The 
first sentence of section 302(a) of such Act is amended by 
inserting before the period at the end the following: ", including 
100 percent of so much of the reasonable expenditures of the 
State as are attributable to the costs of the implementation and 
operation of the immigration status verification system de- 
scribed in section 1137(d)". 



S. 120033 

(4) UNDER CERTAIN TERRITORIAL ASSISTANCE PROGRAMS. Sec- 
tions 3(aX4), 1003(aX3), 1403(aX3), and 1603(aX4) of the Social 
Security Act (as in effect without regard to section 301 of the 
Social Security Amendments of 1972) are each amended by 
redesignating subparagraph (B) as subparagraph (C) and insert- 
ing after subparagraph (A) the following new subparagraph: 

"(B) 100 percent of so much of such expenditures as are 
for the costs of the implementation and operation of the 
immigration status verification system described in section 
1137(d); plus". 

(5) UNDER THE FOOD STAMP PROGRAM. Section 16 of the Food 
Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the 
end the following new subsection: 

"(h) The Secretary is authorized to pay to each State agency an 
amount equal to 100 per centum of the costs incurred by the State 
agency in implementing and operating the immigration status ver- 
ification system described in section 1137(d) of the Social Security 
Act.". 

(6) UNDER HOUSING ASSISTANCE PROGRAMS. The United 
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended 
by adding at the end the following new section: 

"PAYMENT FOR IMPLEMENTATION OF IMMIGRATION STATUS 
VERIFICATION SYSTEM 

"SEC. 20. The Secretary is authorized to pay to each public hous- 
ing authority an amount equal to 100 percent of the costs incurred 
by the authority in implementing and operating the immigration 
status verification system under section 214(c) of the Housing and 
Community Development Act of 1980 with respect to financial 
assistance made available pursuant to this Act.". 

(7) UNDER TITLE iv EDUCATIONAL ASSISTANCE. Section 489(a) 
of the Higher Education Act of 1965 (20 U.S.C. 1096) is amended 
by adding at the end the following: "In addition, the Secretary 
shall provide for payment to each institution of higher edu- 
cation an amount equal to 100 percent of the costs incurred by 
the institution in implementing and operating the immigration 
status verification system under section 484(c).". 

(c) EFFECTIVE DATES. 

(1) IMMIGRATION AND NATURALIZATION SERVICE ESTABLISHING 
VERIFICATION SYSTEM BY OCTOBER i, 1987. The Commissioner of 
Immigration and Naturalization shall implement a system for 
the verification of immigration status under paragraphs (3) and 
(4XBXi) of section 1 137(d) of the Social Security Act (as amended 
by this section) so that the system is available to all the States 
by not later than October 1, 1987. Such system shall not be 
used by the Immigration and Naturalization Service for 
administrative (non-criminal) immigration enforcement pur- 
poses and shall be implemented in a manner that provides for 
verification of immigration status without regard to the sex, 
color, race, religion, or nationality of the individual involved. 

(2) HIGHER MATCHING EFFECTIVE IN FISCAL YEAR 1988. The 
amendments made by subsection (b) take effect on October 1, 
1987. 

(3) USE OF VERIFICATION SYSTEM REQUIRED IN FISCAL YEAR 

1989. Except as provided in paragraph (4), the amendments 
made by subsection (a) take effect on October 1, 1988. States 



S. 1200-34 

have until that date to begin complying with the requirements 
imposed by those amendments. 

(4) USE OF VERIFICATION SYSTEM NOT REQUIRED FOR A PROGRAM 
IN CERTAIN CASES. 

(A) REPORT TO RESPECTIVE CONGRESSIONAL COMMITTEES. 
With respect to each covered program (as defined in 
subparagraph (DXi)), each appropriate Secretary shall 
examine and report to the appropriate Committees of the 
House of Representatives and of the Senate, by not later 
than April 1, 1988, concerning whether (and the extent to 
which) 

(i) the application of the amendments made by 
subsection (a) to the program is cost-effective and other- 
wise appropriate, and 

(ii) there should be a waiver of the application of such 
amendments under subparagraph (B). 
The amendments made by subsection (a) shall not apply 
with respect to a covered program described in subclause 
(II), (V), (VI), or (VII) of subparagraph (DXi) until after the 
date of receipt of such report with respect to the program. 

(B) WAIVER IN CERTAIN CASES. If, with respect to a cov- 
ered program, the appropriate Secretary determines, on the 
Secretary's own initiative or upon an application by an 
administering entity and based on such information as the 
Secretary deems persuasive (which may include the results 
of the report required under subsection (dXD and informa- 
tion contained in such an application), that 

(i) the appropriate Secretary or the administering 
entity has in effect an alternative system of immigra- 
tion status verification which 

(I) is as effective and timely as the system other- 
wise required under the amendments made by 
subsection (a) with respect to the program, and 

(II) provides for at least the hearing and appeals 
rights for beneficiaries that would be provided 
under the amendments made by subsection (a), or 

(ii) the costs of administration of the system other- 
wise required under such amendments exceed the esti- 
mated savings, 

such Secretary may waive the application of such amend- 
ments to the covered program to the extent (by State or 
other geographic area or otherwise) that such determina- 
tions apply. 

(C) BASIS FOR DETERMINATION. A determination under 
subparagraph (BXii) shall be based upon the appropriate 
Secretary's estimate of 

(i) the number of aliens claiming benefits under the 
covered program in relation to the total number of 
claimants seeking benefits under the program, 

(ii) any savings in benefit expenditures reasonably 
expected to result from implementation of the verifica- 
tion program, and 

(hi) the labor and nonlabor costs of administration of 
the verification system, 

the degree to which the Immigration and Naturalization 
Service is capable of providing timely and accurate 
information to the administering entity in order to permit a 



S. 120035 

reliable determination of immigration status, and such 
other factors as such Secretary deems relevant. 
(D) DEFINITIONS. In this paragraph: 

(i) The term "covered program" means each of the 
following programs: 

(I) The aid to families with dependent children 
program under part A of title IV of the Social 
Security Act. 

(II) The medicaid program under title XIX of the 
Social Security Act. 

(III) Any State program under a plan approved 
under title I, X, XIV, or XVI of the Social Security 
Act. 

(IV) The unemployment compensation program 
under section 3304 of the Internal Revenue Code of 
1954. 

(V) The food stamp program under the Food 
Stamp Act of 1977. 

(VI) The programs of financial assistance for 
housing subject to section 214 of the Housing and 
Community Development Act of 1980. 

(VII) The program of grants, loans, and work 
assistance under title IV of the Higher Education 
Act of 1965. 

(ii) The term "appropriate Secretary" means, with 
respect to the covered program described in 

(I) subclauses (I) through (III) of clause (i), the 
Secretary of Health and Human Services; 

(II) clause (iXIV), the Secretary of Labor; 

(III) clause (iXV), the Secretary of Agriculture; 

(IV) clause (i)(VI), the Secretary of Housing and 
Urban Development; and 

(V) clause (iXVII), the Secretary of Education, 
(iii) The term "administering entity" means, with 

respect to the covered program described in 

(I) subclause (I), (II), (III), (IV), or (V) of clause (i), 
the State agency responsible for the administration 
of the program in a State; 

(II) clause (iXVI), the Secretary of Housing and 
Urban Development, a public housing agency, or 
another entity that determines the eligibility of an 
individual for financial assistance; and 

(III) clause (iXVII), an institution of higher edu- 
cation involved. 

(5) FUNDS AUTHORIZED. Such sums as may be necessary are 
authorized for the Immigration and Naturalization Service to 
carry out the purposes of this section, 
(d) GAO REPORTS. 

(1) REPORT ON CURRENT PILOT PROJECTS. The Comptroller 
General shall 

(A) examine current pilot projects relating to the System 
for Alien Verification of Eligibility (SAVE) operated by, or 
through cooperative agreements with, the Immigration and 
Naturalization Service, and 

(B) report, not later than October 1, 1987, to Congress and 
to the Commissioner of the Immigration and Naturalization 
Service concerning the effectiveness of such projects and 



S. 1200-36 

any problems with the implementation of such projects, 
particularly as they may apply to implementation of the 
system referred to in subsection (cXD. 

(2) REPORT ON IMPLEMENTATION OF VERIFICATION SYSTEM. The 
Comptroller General shall 

(A) monitor and analyze the implementation of such 
system, 

(B) report to Congress and to the appropriate Secretaries 
described in subsection (cX4XDXii), by not later than April 1, 
1989, on such implementation, and 

(C) include in such report such recommendations for 
changes in the system as may be appropriate. 

TITLE II-LEGALIZATION 
:. 201. LEGALIZATION OF STATUS. 

a) PROVIDING FOR LEGALIZATION PROGRAM. (1) Chapter 5 of title 
is amended by inserting after section 245 (8 U.S.C. 1255) the 
:owing new section: 

ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 1, 
1982, TO THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE 

'SEC. 245A. (a) TEMPORARY RESIDENT STATUS. The Attorney Gen- 
1 shall adjust the status of an alien to that of an alien lawfully 
nitted for temporary residence if the alien meets the following 
[uirements: 

"(1) TIMELY APPLICATION. 

"(A) DURING APPLICATION 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 trie date of enactment of this section) 
designated by the Attorney 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 beg ming either on 
the first day of such 18-rnpnth period or on the date of the 
issuance of such order, whichever day is later. 

"(C) INFORMATION INCLUDED IN APPLICATION. Each ap- 
plication under this subsection shall contain such informa- 
tion as the Attorney General may require, including 
information on living relatives of the applicant 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. 

"(A) IN GENERAL. The alien must establish that he en- 
tered the United States before January 1, 1982, and that he 
has resided continuously in the United States in an unlaw- 
ful status since such date and through the date the applica- 
tion is filed under this subsection. 

"(B) NONIMMIGRANTS. In the case of an alien who en- 
tered the United States as a nonimmigrant before January 
1, 1982, the alien must establish that the alien's period of 
authorized stay as a nonimmigrant expired before such 



S. 1200 37 

date through the passage of time or the alien's unlawful 
status was known to the Government as of such date. 
"(C) EXCHANGE VISITORS. If the alien was at any time a 
nonimmigrant exchange alien (as defined in section 
101(aX15XJ)), the alien must establish that the alien was not 
subject to the two-year foreign residence requirement of 
section 212(e) or has fulfilled that requirement or received a 
waiver thereof. 
"(3) CONTINUOUS PHYSICAL PRESENCE SINCE ENACTMENT. 

"(A) IN GENERAL. The alien must establish that the 
alien has been continuously physically present in the 
United States since the date of the enactment of this 
section. 

"(B) TREATMENT OF BRIEF, CASUAL, AND INNOCENT AB- 
SENCES. An alien shall not be considered to have failed to 
maintain continuous 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 con- 
strued as authorizing an alien to apply for admission to, or 
to be admitted to, the United States in order to apply for 
adjustment 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 (dX2), 

"(B) has not been convicted of any felony or of three or 
more misdemeanors committed in the United States, 

"(C) has not assisted in the persecution of any person or 
persons on account of race, religion, nationality, member- 
ship in a particular social group, or political opinion, and 
"(D) is registered or registering under the Military Selec- 
tive 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 (2XA) 
of section 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. 

"(b) SUBSEQUENT ADJUSTMENT TO PERMANENT RESIDENCE AND 
NATURE OF TEMPORARY RESIDENT STATUS. 

"(1) ADJUSTMENT TO PERMANENT RESIDENCE. The Attorney 
General shall adjust the status of any alien provided lawful 
temporary resident status under subsection (a) to that of an 
alien lawfully admitted for permanent residence if the alien 
meets the following requirements: 

"(A) TIMELY APPLICATION AFTER ONE YEAR'S RESIDENCE. 
The alien must apply for such adjustment during the one- 
year period beginning with the nineteenth month that 
begins after the date the alien was granted such temporary 
resident status. 
"(B) CONTINUOUS RESIDENCE. 

"(i) 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. 



S. 120038 

"(ii) TREATMENT OF CERTAIN ABSENCES. 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 para- 
graph (3XA). 

"(C) ADMISSIBLE AS IMMIGRANT. The alien must establish 
that he 

"(i) is admissible to the United States as an im- 
migrant, except as otherwise provided under subsection 
(dX2), and 

"(ii) has not been convicted of any felony or three or 
more misdemeanors committed in the United States. 

"(D) BASIC CITIZENSHIP SKILLS. 

"(i) IN GENERAL. The alien must demonstrate that 
he either 

"(I) meets the requirements of section 312 (relat- 
ing to minimal understanding of ordinary English 
and a knowledge and understanding 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. 

"(hi) RELATION TO NATURALIZATION EXAMINATION. 
In accordance with regulations of the Attorney Gen- 
eral, an alien who has demonstrated under clause (iXD 
that the alien meets the requirements of section 312 
may be considered to have satisfied the requirements of 
that section for purposes of becoming naturalized as a 
citizen of the United States under title III. 
"(2) TERMINATION OF TEMPORARY RESIDENCE. The Attorney 
=neral shall provide for termination of temporary resident 
atus 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 (i) makes the alien 
inadmissible to the United States as an immigrant, except 
as otherwise provided under subsection (dX2), or (ii) is con- 
victed of any felony or three or more misdemeanors 
committed in the United States; or 

"(C) at the end of the thirty-first month beginning after 
the date the alien is granted such status, unless the alien 
has filed an application for adjustment of such status pursu- 
ant to paragraph (1) and such application has not been 
denied. 

"(3) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY 
JSIDENCE. During the period an alien is in lawful temporary 
sident 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 



S. 1200 39 

alien to adjust to lawful permanent resident status under 
paragraph (1) and after brief temporary trips abroad occa- 
sioned 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 authorization to engage in 
employment in the United States and provide to that alien 
an 'employment authorized' endorsement or other appro- 
priate work permit, 
"(c) APPLICATIONS FOR ADJUSTMENT OF STATUS. 

"(1) To WHOM MAY BE MADE. The Attorney General shall 
provide that applications for adjustment of status under subsec- 
tion (a) may be filed 

"(A) with the Attorney General, or 

"(B) with a qualified designated entity, but only if the 
applicant consents to the forwarding of 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 APPLICA- 
TIONS. For purposes of assisting in the program of legalization 
provided under this section, the Attorney General 

"(A) shall designate qualified voluntary organizations 
and other qualified State, local, and community organiza- 
tions, and 

"(B) may designate such other persons as the Attorney 
General determines are qualified and have substantial 
experience, demonstrated competence, and traditional long- 
term involvement in the preparation and submittal of ap- 
plications for adjustment of status under section 209 or 245, 
Public Law 89-732, or Public Law 95-145. 
"(3) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES. 
Each qualified designated entity must agree to forward to the 
Attorney General applications filed with it in accordance with 
paragraph (1KB) 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 
required by this section to be made by the Attorney General. 
(4) LIMITATION ON ACCESS TO INFORMATION. Files and 
records of qualified designated 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. 
"(5) CONFIDENTIALITY OF INFORMATION. Neither the Attorney 
General, nor any other official or employee of the Department 
of Justice, or bureau or agency thereof, may 

"(A) use the information furnished pursuant to an ap- 
plication filed under this section for any purpose other than 
to make a determination on the application or for enforce- 
ment of paragraph (6), 

"(B) make any publication whereby the information fur- 
nished by any particular individual can be identified, or 
"(C) permit anyone other than the sworn officers and 
employees of the Department or bureau or agency or, with 



S. 1200-40 

respect to applications filed with a designated entity, that 
designated entity, to examine individual applications. 
Anyone who uses, publishes, or permits information to be exam- 
led in violation of this paragraph shall be fined in accordance 
rith title 18, United States Code, or imprisoned not more than 
ive years, or both. 

"(6) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS. Who- 
ver files an application for adjustment of status under this 
ection and knowingly and willfully falsifies, misrepresents, 
onceals, or covers up a material fact or makes any false, 
ictitious, or fraudulent statements or representations, or makes 
r uses any false writing or document knowing the same to 
ontain any false, fictitious, or fraudulent statement or entry, 
hall be fined in accordance with title 18, United States Code, or 
nprisoned not more than five years, or both. 
"(7) APPLICATION FEES. 

"(A) FEE SCHEDULE. The Attorney General shall provide 
for a schedule of fees to be charged for the filing of applica- 
tions for adjustment under subsection (a) or (bXD. 

"(B) USE OF FEES. The Attorney General shall deposit 
payments received under this paragraph in a separate ac- 
count and amounts in such account shall be available, 
without fiscal year limitation, to coyer administrative and 
other expenses incurred in connection with the review of 
applications filed under this section. 

) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS 
!XCLUSION. 

"(1) NUMERICAL LIMITATIONS DO NOT APPLY. -The numerical 
imitations of sections 201 and 202 shall not apply to the 
idjustment of aliens to lawful permanent resident status under 
his section. 

"(2) WAIVER OF GROUNDS FOR EXCLUSION. In the detennina- 
ion of an alien's admissibility under subsections (aX4XA), 
bXIXCXi), and (bX2XB) 

"(A) GROUNDS OF EXCLUSION NOT APPLICABLE. The provi- 
sions of paragraphs (14), (20), (21), (25), and (32) of section 
212(a) shall not apply. 
"(B) WAIVER OF OTHER GROUNDS. 

"(i) IN GENERAL. Except as provided in clause (ii), 
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) GROUNDS THAT MAY NOT BE WAIVED. The follow- 
ing provisions of section 212(a) may not be waived by 
the Attorney General under clause (i): 

"(I) Paragraphs (9) and (10) (relating to crimi- 
nals). 

"(II) Paragraph (15) (relating to aliens likely to 
become public charges) insofar as it relates to an 
application for adjustment to permanent residence 
by an alien other than an alien who is eligible for 
benefits under title XVI of the Social Security Act 
or section 212 of Public Law 93-66 for the month in 
which such alien is granted lawful temporary resi- 
dence status under subsection (a). 



S. 120041 

"(III) Paragraph (23) (relating to drug offenses), 
except for so much of such paragraph as relates to 
a single offense of simple possession of 30 grams or 
less of marihuana. 

"(IV) Paragraphs (27), (28), and (29) (relating to 
national security and members of certain organiza- 
tions). 

"(V) Paragraph (33) (relating to those who as- 
sisted in the Nazi persecutions), 
"(iii) SPECIAL RULE FOR DETERMINATION OF PUBLIC 
CHARGE. An alien is not ineligible for adjustment of 
status under this section due to being inadmissible 
under section 212(aX15) if the alien demonstrates a 
history of employment in the United States evidencing 
self-support without receipt of public cash assistance. 
"(C) MEDICAL EXAMINATION. The alien shall be required, 
at the alien's expense, to undergo such a medical examina- 
tion (including a determination of immunization status) as 
is appropriate and conforms to generally accepted profes- 
sional standards of medical practice. 

"(e) TEMPORARY STAY OF DEPORTATION AND WORK AUTHORIZATION 
FOR CERTAIN APPLICANTS. 

"(1) BEFORE APPLICATION PERIOD. The Attorney General shall 
provide that in the case of an alien who is apprehended before 
the beginning of the application period described in subsection 
(aXIXA) and who can establish a prima facie 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 opportunity during 
the first 30 days of the application period to complete the filing 
of an application for adjustment, the alien 
"(A) may not be deported, and 

"(B) shall be granted authorization to engage in employ- 
ment in the United States and be provided an 'employment 
authorized' endorsement or other appropriate work permit. 
"(2) DURING APPLICATION PERIOD. The Attorney General 
shall provide that in the case of an alien who presents a prima 
facie application for adjustment of status under subsection (a) 
during the application period, and until a final determination 
on the application has been made in accordance with this 
section, the alien 

"(A) may not be deported, and 

"(B) shall be granted authorization to engage in employ- 
ment in the United States and be provided an 'employment 
authorized' endorsement or other appropriate work permit. 
"(f) ADMINISTRATIVE AND JUDICIAL REVIEW. 

"(1) ADMINISTRATIVE AND JUDICIAL REVIEW. There shall be no 
administrative or judicial review of a determination respecting 
an application for adjustment of status under this section except 
in accordance with this subsection. 

"(2) No REVIEW FOR LATE FILINGS. No denial of adjustment of 
status under this section based on a late filing of an application 
for such adjustment may be reviewed by a court of the United 
States or of any State or reviewed in any administrative 
proceeding of the United States Government. 
"(3) ADMINISTRATIVE REVIEW. 



S. 1200-42 

"(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE 
REVIEW. The Attorney General shall establish an appel- 
late authority to provide for a single level of administrative 
appellate review of a determination described in paragraph 
(1). 

"(B) STANDARD FOR REVIEW. Such administrative appel- 
late review shall be based solely upon the administrative 
record established at the time of the determination on the 
application and upon such additional or newly discovered 
evidence as may not have been available at the time of the 
determination. 
"(4) JUDICIAL REVIEW. 

"(A) LIMITATION TO REVIEW OF DEPORTATION. There shall 
be judicial review of such a denial only in the judicial 
review of an order of deportation under section 106. 

"(B) STANDARD FOR JUDICIAL REVIEW. Such judicial 
review shall be based solely upon the administrative record 
established at the time of the review by the appellate 
authority and the findings of fact and determinations con- 
tained in such record shall be conclusive unless the ap- 
plicant can establish abuse of discretion or that the findings 
are directly contrary to clear and convincing facts con- 
tained in the record considered as a whole. 
IMPLEMENTATION OF SECTION. 

"(1) REGULATIONS. The Attorney General, after consultation 
ith the Committees on the Judiciary of the House of Rep- 
tsentatives and of the Senate, shall prescribe 

"(A) regulations establishing a definition of the term 
'resided continuously', as used in this section, and the 
evidence needed to establish that an alien has resided 
continuously in the United States for purposes of this sec- 
tion, and 

"(B) such other regulations as may be necessary to carry 
out this section. 

"(2) CONSIDERATIONS. In prescribing regulations described in 
iragraph (1XA) 

"(A) PERIODS OF CONTINUOUS RESIDENCE. The Attorney 
General shall specify individual periods, and aggregate 
periods, of absence 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 DEPORTATION OR ADVANCED 
PAROLE. The Attorney General shall provide that 

"(i) an alien shall not be considered to have resided 
continuously in the United States, if, during any period 
for which continuous residence is required, the alien 
was outside the United States as a result of a departure 
under an order of deportation, and 

"(ii) any period of time during which an alien is 
outside the United States pursuant to the advance 
parole procedures of the Service shall not be considered 
as part of the period of time during which an alien is 
outside the United States for purposes of this section. 
"(C) WAIVERS OF CERTAIN ABSENCES. The Attorney Gen- 
eral may provide for a waiver, in the discretion of the 
Attorney General, of the periods specified under subpara- 



S. 1200-43 

graph (A) in the case of an absence from the United States 
due merely to a brief temporary trip abroad required by 
emergency or extenuating circumstances outside the con- 
trol of the alien. 

"(D) USE OF CERTAIN DOCUMENTATION. The Attorney 
General shall require that 

"(i) continuous residence and physical presence in 
the United States must be established through docu- 
ments, together with independent corroboration of the 
information contained in such documents, and 

"(ii) the documents provided under clause (i) be 

employment-related if employment-related documents 

with respect to the alien are available to the applicant. 

"(3) INTERIM FINAL REGULATIONS. Regulations prescribed 

under this section may be prescribed to take effect on an 

interim final basis if the Attorney General determines that this 

is necessary in order to implement this section in a timely 

manner. 

"(h) TEMPORARY DISQUALIFICATION OF NEWLY LEGALIZED ALIENS 
FROM RECEIVING CERTAIN PUBLIC WELFARE ASSISTANCE. 

"(1) IN GENERAL. During the five-year period beginning on 
the date an alien was granted lawful temporary resident status 
under subsection (a), and notwithstanding any other provision 
of law 

"(A) except as provided in paragraphs (2) and (3), the 
alien is not eligible for 

"(i) any program of financial assistance furnished 
under Federal law (whether through grant, loan, 
guarantee, or otherwise) on the basis of financial need, 
as such programs are identified by the Attorney Gen- 
eral in consultation with other appropriate heads of the 
various departments and agencies of Government (but 
in any event including the program of aid to families 
with dependent children under part A of title IV of the 
Social Security Act), 

"(ii) medical assistance under a State plan approved 
under title XIX of the Social Security Act, and 

"(iii) assistance under the Food Stamp Act of 1977; 
and 

"(B) a State or political subdivision therein may, to the 
extent consistent with subparagraph (A) and paragraphs (2) 
and (3), provide that the alien is not eligible for the pro- 
grams of financial assistance or for medical assistance de- 
scribed in subparagraph (AXii) furnished under the law of 
that State or political subdivision. 

Unless otherwise specifically provided by this section or other 
law, an alien in temporary lawful residence status granted 
under subsection (a) shall not be considered (for purposes of any 
law of a State or political subdivision providing for a program of 
financial assistance) to be permanently residing in the United 
States under color of law. 

"(2) EXCEPTIONS. Paragraph (1) shall not apply 

"(A) to a Cuban and Haitian entrant (as defined in para- 
graph (1) or (2XA) of section 501(e) of Public Law 96-422, as 
in effect on April 1, 1983), or 

"(B) in the case of assistance (other than aid to families 
with dependent children) which is furnished to an alien 



S. 1200-44 

who is an aged, blind, or disabled individual (as defined in 
section 1614(aXD of the Social Security Act). 
"(3) RESTRICTED MEDICAID BENEFITS. 

"(A) CLARIFICATION OF ENTITLEMENT. Subject to the 
restrictions under subparagraph (B), for the purpose of 
providing aliens with eligibility to receive medical 
assistance 

"(i) paragraph (1) shall not apply, 
"(ii) aliens who would be eligible for medical assist- 
ance but for the provisions of paragraph (1) shall be 
deemed, for purposes of title XIX of the Social Security 
Act, to be so eligible, and 

"(iii) aliens lawfully admitted for temporary resi- 
dence under this section, such status not having 
changed, shall be considered to be permanently resid- 
ing in the United States under color of law. 
"(B) RESTRICTION OF BENEFITS. 

"(i) LIMITATION TO EMERGENCY SERVICES AND SERVICES 
FOR PREGNANT WOMEN. Notwithstanding any provi- 
sion of title XIX of the Social Security Act (including 
subparagraphs (B) and (C) of section 1902(aX10) of such 
Act), aliens who, but for subparagraph (A), would be 
ineligible for medical assistance under paragraph (1), 
are onlv eligible for such assistance with respect to 
(I) emergency services (as defined for purposes 
of section 1916(aX2XD) of the Social Security Act), 
and 

"(II) services described in section 1916(aX2XB) of 
such Act (relating to service for pregnant women). 

"(ii) NO RESTRICTION FOR EXEMPT ALIENS AND CHIL- 
DREN. The restrictions of clause (i) shall not apply to 
aliens who are described in paragraph (2) or who are 
under 18 years of age. 

"(C) DEFINITION OF MEDICAL ASSISTANCE. In this para- 
graph, the term 'medical assistance' refers to medical 
assistance under a State plan approved under title XIX of 
the Social Security Act. 

"(4) TREATMENT OF CERTAIN PROGRAMS. Assistance furnished 
under any of the following provisions of law shall not be con- 
strued to be financial assistance described in paragraph (IXAXi): 
"(A) The National School Lunch Act. 
"(B) The Child Nutrition Act of 1966. 
"(C) The Vocational Education Act of 1963. 
"(D) Chapter 1 of the Education Consolidation and 
Improvement Act of 1981. 
<? (E) The Headstart-Follow Through Act. 
"(F) The Job Training Partnership Act. 
"(G) Title IV of the Higher Education Act of 1965. 
"(H) The Public Health Service Act. 

"(I) Titles V, XVI, and XX, and parts B, D, and E of title 
IV, of the Social Security Act (and titles I, X, XIV, and XVI 
of such Act as in effect without regard to the amendment 
made by section 301 of the Social Security Amendments of 
1972). 

"(5) ADJUSTMENT NOT AFFECTING FASCELL-STONE BENEFITS. 
For the purpose of section 501 of the Refugee Education Assist- 
ance Act of 1980 (Public Law 96-122), assistance shall be contin- 



S. 120045 

ued under such section with respect to an alien without regard 
to the alien's adjustment of status under this section. 

"(i) DISSEMINATION OF INFORMATION ON LEGALIZATION PROGRAM. 
Beginning not later than the date designated by the Attorney 
General under subsection (aXIXA), the Attorney General, in co- 
operation with qualified designated entities, shall broadly dissemi- 
nate information respecting the benefits which aliens may receive 
under this section and the requirements to obtain such benefits.". 

(2) The table of contents for chapter 5 of title II is amended by 
inserting after the item relating to section 245 the following new 
item: 

"Sec. 245A. Adjustment of status of certain entrants before January 1, 1982, to that 
of person admitted for lawful residence.". 

(b) CONFORMING AMENDMENTS. (1) Section 402 of the Social Secu- 
rity Act is amended by adding at the end thereof the following new 
subsection: 

"(0(1) For temporary disqualification of certain newly legalized 
aliens from receiving aid to families with dependent children, see 
subsection (h) of section 245A of the Immigration and Nationality 
Act. 

"(2) In any case where an alien disqualified from receiving aid 
under such subsection (h) is the parent of a child who is not so 
disqualified and who (without any adjustment of status under such 
section 245A) is considered a dependent child under subsection 
(aX33), or is the brother or sister of such a child, subsection (aX38) 
shall not apply, and the needs of such alien shall not be taken into 
account in making the determination under subsection (aX7) with 
respect to such child, but the income of such alien (if he or she is the 
parent of such child) shall be included in making such determina- 
tion to the same extent that income of a stepparent is included 
under subsection (aX31).". 

(2XA) Section 472(a) of such Act is amended by adding at the end 
thereof (after and below paragraph (4)) the following new sentence: 
"In any case where the child is an alien disqualified under section 
245A(h) of the Immigration and Nationality Act from receiving aid 
under the State plan approved under section 402 in or for the month 
in which such agreement was entered into or court proceedings 
leading to the removal of the child from the home were instituted, 
such child shall be considered to satisfy the requirements of para- 
graph (4) (and the corresponding requirements of section 
473(aXlXB)), with respect to that month, if he or she would have 
satisfied such requirements but for such disqualification.". 

(B) Section 473(aXl) of such Act is amended by adding at the end 
thereof (after and below subparagraph (O) the following new 
sentence: 

"The last sentence of section 472(a) shall apply, for purposes of 
subparagraph (B), in any case where the child is an alien described 
in that sentence.". 

(c) MISCELLANEOUS PROVISIONS. 

(1) PROCEDURES FOR PROPERTY ACQUISITION OR LEASING. Not- 
withstanding the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.), the Attorney General is 
authorized to expend from the appropriation provided for the 
administration and enforcement or the Immigration and 
Nationality Act, such amounts as may be necessary for the 
leasing or acquisition of property in the fulfillment of this 



S. 1200-44 

who is an aged, blind, or disabled individual (as defined in 
section 1614(aXD of the Social Security Act). 
"(3) RESTRICTED MEDICAID BENEFITS. 

"(A) CLARIFICATION OF ENTITLEMENT. Subject to the 
restrictions under subparagraph (B), for the purpose of 
providing aliens with eligibility to receive medical 
assistance 

"(i) paragraph (1) shall not apply, 
"(ii) aliens who would be eligible for medical assist- 
ance but for the provisions of paragraph (1) shall be 
deemed, for purposes of title XIX of the Social Security 
Act, to be so eligible, and 

"(iii) aliens lawfully admitted for temporary resi- 
dence under this section, such status not having 
changed, shall be considered to be permanently resid- 
ing in the United States under color of law. 
"(B) RESTRICTION OF BENEFITS. 

"(i) LIMITATION TO EMERGENCY SERVICES AND SERVICES 
FOR PREGNANT WOMEN. Notwithstanding any provi- 
sion of title XIX of the Social Security Act (including 
subparagraphs (B) and (C) of section 1902(aX10) of such 
Act), aliens who, but for subparagraph (A), would be 
ineligible for medical assistance under paragraph (1), 
are only eligible for such assistance with respect to 
(I) emergency services (as defined for purposes 
of section 1916(aX2XD) of the Social Security Act), 
and 

"(II) services described in section 1916(aX2XB) of 
such Act (relating to service for pregnant women). 

"(ii) NO RESTRICTION FOR EXEMPT ALIENS AND CHIL- 
DREN. The restrictions of clause (i) shall not apply to 
aliens who are described in paragraph (2) or who are 
under 18 years of age. 

"(C) DEFINITION OF MEDICAL ASSISTANCE. In this para- 
graph, the term 'medical assistance' refers to medical 
assistance under a State plan approved under title XIX of 
the Social Security Act. 

"(4) TREATMENT OF CERTAIN PROGRAMS. Assistance furnished 
.inder any of the following provisions of law shall not be con- 
strued to be financial assistance described in paragraph (IXAXi): 
"(A) The National School Lunch Act. 
"(B) The Child Nutrition Act of 1966. 
"(C) The Vocational Education Act of 1963. 
"(D) Chapter 1 of the Education Consolidation and 
Improvement Act of 1981. 

<? (E) The Headstart-Follow Through Act. 
"(F) The Job Training Partnership Act. 
"(G) Title IV of the Higher Education Act of 1965. 
"(H) The Public Health Service Act. 

"(I) Titles V, XVI, and XX, and parts B, D, and E of title 
IV, of the Social Security Act (and titles I, X, XIV, and XVI 
of such Act a_s in effect without regard to the amendment 
made by section 301 of the Social Security Amendments of 
1972). 

"(5) ADJUSTMENT NOT AFFECTING FASCELL-STONE BENEFITS. 
For the purpose of section 501 of the Refugee Education Assist- 
ance Act of 1980 (Public Law 96-122), assistance shall be contin- 



S. 120045 

ued under such section with respect to an alien without regard 
to the alien's adjustment of status under this section. 

"(i) DISSEMINATION OF INFORMATION ON LEGALIZATION PROGRAM. 
Beginning not later than the date designated by the Attorney 
General under subsection (aXIXA), the Attorney General, in co- 
operation with qualified designated entities, shall broadly dissemi- 
nate information respecting the benefits which aliens may receive 
under this section and the requirements to obtain such benefits.". 

(2) The table of contents for chapter 5 of title II is amended by 
inserting after the item relating to section 245 the following new 
item: 

"Sec. 245A. Adjustment of status of certain entrants before January 1, 1982, to that 
of person admitted for lawful residence.". 

(b) CONFORMING AMENDMENTS. (1) Section 402 of the Social Secu- 
rity Act is amended by adding at the end thereof the following new 
subsection: 

"(fXD For temporary disqualification of certain newly legalized 
aliens from receiving aid to families with dependent children, see 
subsection (h) of section 24 5 A of the Immigration and Nationality 
Act. 

"(2) In any case where an alien disqualified from receiving aid 
under such subsection (h) is the parent of a child who is not so 
disqualified and who (without any adjustment of status under such 
section 245A) is considered a dependent child under subsection 
(aX33), or is the brother or sister of such a child, subsection (aX38) 
shall not apply, and the needs of such alien shall not be taken into 
account in making the determination under subsection (aX7) with 
respect to such child, but the income of such alien (if he or she is the 
parent of such child) shall be included in making such determina- 
tion to the same extent that income of a stepparent is included 
under subsection (aX31).". 

(2XA) Section 472(a) of such Act is amended by adding at the end 
thereof (after and below paragraph (4)) the following new sentence: 
"In any case where the child is an alien disqualified under section 
245A(h) of the Immigration and Nationality Act from receiving aid 
under the State plan approved under section 402 in or for the month 
in which such agreement was entered into or court proceedings 
leading to the removal of the child from the home were instituted, 
such child shall be considered to satisfy the requirements of para- 
graph (4) (and the corresponding requirements of section 
473(aXlXB)), with respect to that month, if he or she would have 
satisfied such requirements but for such disqualification.". 

(B) Section 473(aXl) of such Act is amended by adding at the end 
thereof (after and below subparagraph (O) the following new 
sentence: 

"The last sentence of section 472(a) shall apply, for purposes of 
subparagraph (B), in any case where the child is an alien described 
in that sentence.". 

(c) MISCELLANEOUS PROVISIONS. 

(1) PROCEDURES FOR PROPERTY ACQUISITION OR LEASING. Not- 
withstanding the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.), the Attorney General is 
authorized to expend from the appropriation provided for the 
administration and enforcement of the Immigration and 
Nationality Act, such amounts as may be necessary for the 
leasing or acquisition of property in the fulfillment of this 



S. 1200-46 

section. This authority shall end two years after the effective 
date of the legalization program. 

(2) USE OF RETIRED FEDERAL EMPLOYEES. Notwithstanding 
any other provision of law, the retired or retainer pay of a 
member or former member of the Armed Forces of the United 
States or the annuity of a retired employee of the Federal 
Government who retired on or before January 1, 1986, shall not 
be reduced while such individual is temporarily employed by 
the Immigration and Naturalization Service for a period of not 
to exceed 18 months to perform duties in connection with the 
adjustment of status of aliens under this section. The Service 
shall not temporarily employ more than 300 individuals under 
this paragraph. Notwithstanding any other provision of law, the 
annuity of a retired employee of the Federal Government shall 
not be increased or redetermined under chapter 83 or 84 of title 
5, United States Code, as a result of a period of temporary 
employment under this paragraph. 

:. 202. CUBAN-HAITIAN ADJUSTMENT. 

ADJUSTMENT OF STATUS. The status of any alien described in 
section (b) may be adjusted by the Attorney General, in the 
orney General s discretion and under such regulations as the 
orney General may prescribe, to that of an alien lawfully admit- 
for permanent residence if 

(1) the alien applies for such adjustment within two years 
after the date of the enactment of this Act; 

(2) the alien is otherwise eligible to receive an immigrant visa 
and is otherwise admissible to the United States for permanent 
residence, except in determining such admissibility the grounds 
for exclusion specified in paragraphs (14), (15), (16), (17), (20), 
(21), (25), and (32) of section 212(a) of the Immigration and 
Nationality Act shall not apply; 

(3) the alien is not an alien described in section 243(hX2) of 
such Act; 

(4) the alien is physically present in the United States on the 
date the application for such adjustment is filed; and 

(5) the alien has continuously resided in the United States 
since January 1, 1982. 

D) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS. The benefits 
ivided by subsection (a) shall apply to any alien 

(1) who has received an immigration designation as a Cuban/ 
Haitian Entrant (Status Pending) as of the date of the enact- 
ment of this Act, or 

(2) who is a national of Cuba or Haiti, who arrived in the 
United States before January 1, 1982, with respect to whom any 
record was established by the Immigration and Naturalization 
Service before January 1, 1982, and who (unless the alien filed 
an application for asylum with the Immigration and Naturaliza- 
tion Service before January 1, 1982) was not admitted to the 
United States as a nonimmigrant. 

:) No AFFECT ON FASCELL-STONE BENEFITS. An alien who, as of 
date of the enactment of this Act, is a Cuban and Haitian 
rant for the purpose of section 501 of Public Law 96-422 shall 
itinue to be considered such an entrant for such purpose without 
ard to any adjustment of status effected under this section, 
i) RECORD OF PERMANENT RESIDENCE AS OF JANUARY 1, 1982. 
on approval of an alien's application for adjustment of status 



S. 120047 

under subsection (a), the Attorney General shall establish a record 
of the alien's admission for permanent residence as of January 1, 
1982. 

(e) No OFFSET IN NUMBER OF VISAS AVAILABLE. When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not 
be required to reduce the number of immigrant visas authorized to 
be issued under the Immigration and Nationality Act and the 
Attorney General shall not be required to charge the alien any fee. 

(f) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI- 
SIONS. Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in 
this section shall be held to repeal, amend, alter, modify, effect, or 
restrict the powers, duties, functions, or authority of the Attorney 
General in the administration and enforcement of such Act or any 
other law relating to immigration, nationality, or naturalization. 
The fact that an alien may be eligible 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. 

SEC. 203. UPDATING REGISTRY DATE TO JANUARY 1, 1972. 

(a) IN GENERAL. Section 249 (8 U.S.C. 1259) is amended 

(1) by striking out "JUNE 30, 1948" in the heading and insert- 
ing in lieu thereof "JANUARY i, 1972", and 

(2) by striking out "June 30, 1948" in paragraph (a) and 
inserting in lieu thereof "January 1, 1972". 

(b) CONFORMING AMENDMENT TO TABLE OF CONTENTS. The item 
in the table of contents relating to section 249 is amended by 
striking out "June 30, 1948" and inserting in lieu thereof "Janu- 
ary 1, 1972". 

(c) CLARIFICATION. The numerical limitations of sections 201 and 
202 of the Immigration and Nationality Act shall not apply to aliens 
provided lawful permanent resident status under section 249 of that 
Act. 

SEC. 204. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS. 

(a) APPROPRIATION OF FUNDS. 

(1) 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 administrative 
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. 

(A) IN GENERAL. Subject to subparagraphs (B) through 
(D), 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, medical assistance, and assistance 
under the Food Stamp Act of 1977 for aliens who would not 
be eligible for such assistance under paragraph (1XA) of 
section 245A(h) of the Immigration and Nationality Act but 
for the provisions of paragraph (2) or paragraph (3) of such 
section. 



S. 1200-48 

(B) NO OFFSET FOR CERTAIN SSI ELIGIBLE INDIVIDUALS. The 

amount described in this paragraph shall not include any 
amounts attributable to supplemental security benefits 
paid under title XVI of the Social Security 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 designated by the Attorney 
General in accordance with section 245A(aXlXA) of the 
Immigration and Nationality Act, to be permanently resid- 
ing in the United States under color of law as provided in 
section 1614(aXlXBXii) 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 continues without interruption to be eligible to re- 
ceive 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) ESTIMATED INITIAL OFFSET. For purposes of subpara- 
graph (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 contained in the annual fiscal 
budget submitted for that year to the Congress by the 
President. 

(D) ADJUSTMENT FOR ESTIMATES. If the actual amount of 
expenditures by the Federal 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 subse- 
quent fiscal year the amount described in this paragraph 
shall be decreased, or increased, respectively, by the 
amount of such excess or deficit for that previous fiscal 
year. 

b) ENTITLEMENT OF STATES. (1) From the sums appropriated 
der subsection (a) for a fiscal year (less the amount reserved for 
ieral administrative costs), the Secretary of Health and Human 
rvices (in this section referred to as the "Secretary") shall allot to 
:h State with an application approved under subsection (dXD an 
lount determined in accordance with a formula, established by 
; Secretary by regulation, which takes into account 

(A) the number of eligible legalized aliens (as defined in 
subsection (JX4)) residing in the State in that fiscal year; 

(B) the ratio of the number of eligible legalized aliens in the 
State to the total number of residents of that State and to the 
total number of such aliens in all the States in that fiscal year; 

(C) the amount of expenditures the State is likely to incur in 
that fiscal year in providing assistance for eligible legalized 
aliens for which reimbursement or payment may be made 
under this section; 

(D) the ratio of the amount of such expenditures in the State 
to the total of all such expenditures in all the States; 

(E) adjustments for the difference in previous years between 
the State's actual expenditures (described in subparagraph (C)) 



S. 120049 

incurred and the allocation provided the State under this sec- 
tion for those years; and 

(F) such other factors as the Secretary deems appropriate to 
provide for an equitable distribution of such amounts. 

(2) To the extent that all the funds appropriated under this section 
for a fiscal year are not otherwise allotted to States either because 
all the States have not qualified for such allotments under this 
section for the fiscal year or because some States have indicated 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 (1XA), 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. 

(c) PROVIDING ASSISTANCE. (1) Of the amounts allotted to a State 
under this section, the State may only use such funds, in accordance 
with this section 

(A) for reimbursement of the costs of programs of public 
assistance provided with respect to eligible legalized aliens, for 
which such aliens were not disqualified under section 245A(h) of 
the Immigration and Nationality Act at the time of such assist- 
ance, 

(B) for reimbursement of the costs of programs of public 
health assistance provided to any alien who is, or is applying on 
a timely basis under section 245A(aj 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 
providing educational services for eligible legalized aliens. 

Subject to paragraph (2), the State may select the distribution of the 
use of such funds among such purposes. 

(2XA) Subject to subparagraphs (B) and (C), of the amounts allot- 
ted to a State under this section in any fiscal year, 10 percent shall 
be used by the State for reimbursement under paragraph (1XA), 10 
percent snail be used by the State for reimbursement under para- 
graph (1XB), and 10 percent shall be used by the State for payments 
under paragraph (IXC). 

(B) If a State does not require the use of the full 10 percent 
provided under subparagraph (A) for a particular function described 
in a subparagraph of paragraph (1) for a fiscal year, the unused 
portion shall be equally distributed among the two other 
subparagraphs. 

(C) In no case shall the funds provided under this section be used 
to provide reimbursement for more than 100 percent of the costs 
described in paragraph (1XA) or (1KB). 

(3) To the extent that a State provides for the use of funds for the 
purpose described in paragraph (IXC), the definitions and provisions 
of the Emergency Immigrant Education Act of 1984 (title VI of 



S. 1200-50 

t)lic Law 98-511; 20 U.S.C. 4101 et seq.) shall apply to payments 
ier such paragraph in the same manner as they apply to pay- 
nts under that Act, except that, in applying this paragraph 

(A) any reference in such Act to "immigrant children" shall 
be deemed to be a reference to "eligible legalized aliens" (includ- 
ing such aliens who are over 16 years of age) during the 60- 
month period beginning with the first month in which such an 
alien is granted temporary lawful residence under section 
245A(a) of the Immigration and Nationality Act; 

(B) in determining the amount of payment with respect to 
eligible legalized aliens who are over 16 years of age, the phrase 
"described under paragraph (2)" shall be deemed to be stricken 
from section 606(bXlXA) of such Act (20 U.S.C. 4105(bXlXA)); 

(C) the State educational agency may provide such edu- 
cational services to adult eligible legalized aliens through local 
educational agencies and other public and private nonprofit 
organizations, including community-based organizations of dem- 
onstrated effectiveness; and 

(D) such services may include English language and other 
programs designed to enable such aliens to attain the citizen- 
ship skills described in section 245A(bXlXDXi) of the Immigra- 
tion and Nationality Act. 

1) STATEMENTS AND ASSURANCES. (1) No State is eligible for 
orient under subsection (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 administra- 
tive methods of disbursing funds received under this section, as 
the Secretary determines to be necessary to carry out this 
section, and 

(B) transmits to the Secretary a statement of assurances that 
certifies that (i) funds allotted to the State under this section 
will only be used to carry out the purposes described in subsec- 
tion (cXD, (ii) the State will provide a fair method (as deter- 
mined by the State) for the allocation of funds among State and 
local agencies in accordance with paragraph (2) and subsection 
(cX2), and (iii) fiscal control and fund accounting procedures will 
be established that are adequate to meet the requirements of 
paragraph (2) and subsections (e) and (f). 

2) The application of each State under this subsection for each 
;al year must include detailed information on 

(A) the number of eligible legalized aliens residing in the 
State, and 

(B) the costs (excluding any such costs otherwise paid from 
Federal funds) which the State and each locality is likely to 
incur for the purposes described in subsection (cXD. 

e) REPORTS AND AUDITS. (1XA) Each State shall prepare and 
>mit to the Secretary annual reports on its activities under this 
tion. In order to properly evaluate and to compare the perform- 
:e of different States assisted under this section and to assure the 
per expenditure of funds under this section, such reports shall be 
such form and contain such information as the Secretary deter- 
nes (after consultation with the States and the Comptroller Gen- 
ii) to be necessary 

(i) to secure an accurate description of those activities, 
(ii) to secure a complete record of the purposes for which 
funds were spent, and of the recipients of such funds, and 



S. 120051 

(iii) to determine the extent to which funds were expended 
consistent with this section. 

Copies of the report shall be provided, upon request, to any in- 
terested public agency, and each such agency may provide its views 
on these reports to the Congress. 

(B) The Secretary shall annually report to the Congress on activi- 
ties funded under this section ana shall provide for transmittal of a 
copy of such report to each State. 

(2XA) For requirements relating to audits of funds received by a 
State under this section, see chapter 75 of title 31, United States 
Code (relating to requirements for single audit). 

(B) Each State shall repay to the United States amounts ulti- 
mately 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 payment of funds to any State which is not using its 
allotment under this section in accordance with this section. The 
Secretary may withhold such funds until the Secretary finds that 
the reason for the withholding has been removed and there is 
reasonable assurance that it will not recur. 

(3) The State shall make copies of the reports and audits required 
by this subsection available for public inspection within the State. 

(4XA) 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, accounts, records, cor- 
respondence, or other documents that are related to such assistance, 
and that are in the possession, custody, or control of States, political 
subdivisions thereof, or any of their grantees. 

(B) In conjunction with an evaluation or review under subpara- 
graph (A), no State or political subdivision thereof (or grantee of 
either) shall be required to create or prepare new records to comply 
with subparagraph (A). 

(0 LIMITATION ON PAYMENTS. (1) Payment under this section 
shall not be made for costs to the extent the costs are otherwise 
reimbursed or paid for under other Federal programs. 

(2) Payment may only be made to a State with respect to costs for 
assistance of a program of public assistance or a program public 
health assistance to the extent such assistance is otherwise gen- 
erally available under such programs to citizens residing in the 
State. 

(g) CRIMINAL PENALTIES FOR FALSE STATEMENTS. Whoever 

(1) knowingly and willfully makes or causes to be made any 
false statement or misrepresentation of a material fact in 
connection with the furnishing of assistance or services for 
which payment may be made by a State from funds allotted to 
the State under this section, or 

(2) having knowledge of the occurrence of any event affecting 
his initial or continued right to any such payment conceals or 
fails to disclose such event with an intent fraudulently to secure 
such payment either in a greater amount than is due or when 
no such payment is authorized, 

shall be fined in accordance with title 18, United States Code, 
imprisoned for not more than five years, or both. 

(h) ANTI-DISCRIMINATION PROVISION. (1XA) For the purpose of 
applying the prohibitions against discrimination on the basis of age 



S. 120052 

ier the Age Discrimination Act of 1975, on the basis of handicap 
ler section 504 of the Rehabilitation Act of 1973, on the basis of 
under title IX of the Education Amendments of 1972, or on the 
is of race, color, or national origin under title VI of the Civil 
hts Act of 1964, programs and activities funded in whole or in 
t with funds made available under this section are considered to 
programs and activities receiving Federal financial assistance. 
J) No person shall on the ground of sex or religion be excluded 
n participation in, be denied the benefits of, or be subjected to 
rimination under, any program or activity funded in whole or in 
t with funds made available under this section. 
!) Whenever the Secretary finds that a State or locality which 
been provided payment from an allotment under this section 
failed to comply with a provision of law referred to in paragraph 
\), with paragraph (1XB), or with an applicable regulation 
luding one prescribed to carry out paragraph (1KB)), he shall 
ify the chief executive officer of the State and shall request him 
ecure compliance. If within a reasonable period of time, not to 
3ed 60 days, the chief executive officer fails or refuses to secure 
ipliance, the Secretary may 

(A) refer the matter to the Attorney General with a rec- 
ommendation that an appropriate civil action be instituted, 

(B) exercise the powers and functions provided by title VI of 
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, 
or section 504 of the Rehabilitation Act of 1973, as may be 
applicable, or 

(C) take such other action as may be provided by law. 

I) When a matter is referred to the Attorney General pursuant to 
agraph (2XA), or whenever he has reason to believe that the 
ity is engaged in a pattern or practice in violation of a provision 
aw referred to in paragraph (1XA) or in violation of paragraph 
3), the Attorney General may bring a civil action in any appro- 
ite district court of the United States for such relief as may be 
ropriate, including injunctive relief. 

) CONSULTATION WITH STATE AND LOCAL OFFICIALS. In establish- 
regulations and guidelines to carry out this section, the 
retary shall consult with representatives of State and local 
ernrnents. 
) DEFINITIONS. For purposes of this section: 

(1) The term "State has the meaning given such term in 
section 101(aX36) of the Immigration and Nationality Act. 

(2) The term "programs of public assistance" means programs 
in a State or local jurisdiction which 

(A) provide for cash, medical, or other assistance (as 
defined by the Secretary) designed to meet the basic subsist- 
ence or health needs of individuals, 

(B) are generally available to needy individuals residing 
in the State or locality, and 

(C) receive funding from units of State or local govern- 
ment. 

(3) The term "programs of public health assistance" means 
programs in a State or local jurisdiction which 

(A) provide public health services, including immuniza- 
tions for immunizable diseases, testing and treatment for 
tuberculosis and sexually-transmitted diseases, and family 
planning services, 



S. 120053 

(B) are generally available to needy individuals residing 
in the State or locality, and 

(C) receive funding from units of State or local govern- 
ment. 

(4) The term "eligible legalized alien" means an alien who has 
been granted lawful temporary resident status under section 
245A of the Immigration and Nationality Act, but only until the 
end of the five-year period beginning on the date the alien was 
granted such status. 

TITLE III REFORM OF LEGAL IMMIGRATION 
PART A TEMPORARY AGRICULTURAL WORKERS 

SEC. 301. H-2A AGRICULTURAL WORKERS. 

(a) PROVIDING NEW "H-2A" NONIMMIGRANT CLASSIFICATION FOR 
TEMPORARY AGRICULTURAL LABOR. Paragraph (15XH) of section 
101(a) (8 U.S.C. llOKa)) is amended by striking out "to perform 
temporary services or labor," in clause (ii) and inserting in lieu 
thereof "(a) to perform agricultural labor or services, as defined by 
the Secretary of Labor in regulations and including agricultural 
labor defined in section 3121(g) of the Internal Revenue Code of 1954 
and agriculture as defined in section 3(0 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(0), of a temporary or seasonal nature, or 
(b) to perform other temporary service or labor". 

(b) INVOLVEMENT OF DEPARTMENTS OF LABOR AND AGRICULTURE IN 
H-2A PROGRAM. Section 214(c) (8 U.S.C. 1184(c)) is amended by 
adding at the end the following: "For purposes of this subsection 
with respect to nonimmigrants described in section 
101(aX15XHXiiXa), the term 'appropriate agencies of Government' 
means the Department 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 
lOKaXISXHXiiXa).". 

(c) ADMISSION OF H-2A WORKERS. Chapter 2 of title II is amended 
by adding after section 215 the following new section: 

"ADMISSION OF TEMPORARY H-2A WORKERS 

"SEC. 216. (a) CONDITIONS FOR APPROVAL OF H-2A PETITIONS. (1) 
A petition to import an alien as an H-2A worker (as defined in 
subsection (1X2)) may not be approved by the Attorney General 
unless the petitioner has applied to the Secretary of Labor for a 
certification 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 involved in the petition, 
and 

"(B) the employment of the alien in such labor or services will 
not adversely affect the wages and working conditions of work- 
ers in the United States similarly employed. 

"(2) The Secretary of Labor may require by regulation, as a 
condition of issuing the certification, the payment of a fee to recover 
the reasonable costs of processing applications for certification, 
"(b) CONDITIONS FOR DENIAL OF LABOR CERTIFICATION. The Sec- 
retary of Labor may not issue a certification under subsection (a) 



S. 1200-54 

h respect to an employer if the conditions described in that 
section are not met or if any of the following conditions are met: 

"(1) There is a strike or lockout in the course of a labor 
dispute which, under the regulations, precludes such certifi- 
cation. 

"(2XA) The employer during the previous two-year period 
employed H-2A workers and the Secretary of Labor has deter- 
mined, 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 
respect to the employment of domestic or nonimmigrant 
workers. 

"(B) No employer may be denied certification under subpara- 
graph (A) for more than three years for any violation described 
in such subparagraph. 

"(3) The employer has not provided the Secretary with satis- 
factory assurances that if the employment for which the certifi- 
cation is sought is not covered by State workers' compensation 
law, the employer will provide, at no cost to the worker, insur- 
ance covering injury and disease arising out of and in the course 
of the worker's employment which will provide benefits at least 
equal to those provided under the State workers' compensation 
law for comparable employment. 

"(4) The Secretary determines that the employer has not 
made positive recruitment efforts within a multi-state region of 
traditional 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 interstate employment service system of the 
employer's job offer. The obligation to engage in positive 
recruitment under this paragraph shall terminate on the date 
the H-2A workers depart for the employer's place of employ- 
ment. 

(c) SPECIAL RULES FOR CONSIDERATION OF APPLICATIONS. The 
owing rules shall apply in the case of the filing and consideration 
in application for a labor certification under this section: 

"(1) DEADLINE FOR FILING APPLICATIONS. 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 H-2A worker. 

"(2) NOTICE WITHIN SEVEN DAYS OF DEFICIENCIES. (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 subsection (aXIXA)) for approval. 

"(B) If the application does not meet such standards, the 
notice shall include the reasons therefor and the Secretary shall 
provide an opportunity for the prompt resubmission of a modi- 
fied application. 

"(3) ISSUANCE OF CERTIFICATION. (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 (aXD if 



S. 120055 

"(i) the employer has complied with the criteria for cer- 
tification (including criteria for the recruitment of eligible 
individuals as prescribed by the Secretary), and 

"(ii) the employer does not actually have, or has not been 
provided with referrals of, qualified eligible individuals who 
have indicated their availability to perform such labor or 
services on the terms and conditions of a job offer which 
meets the requirements 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 comparable occupations and crops. 

"(BXi) For a period of 3 years subsequent to the effective date 
of this section, labor certifications shall remain effective only if, 
from the time the foreign worker departs for the employer's 
place of employment, the employer will provide employment to 
any qualified United States worker who applies to the employer 
until 50 percent of the period of the work contract, under which 
the foreign worker who is in the job was hired, has elapsed. In 
addition, the employer will offer to provide benefits, wages and 
working conditions required pursuant to this section and regu- 
lations. 

"(ii) The requirement of clause (i) shall 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 3(u) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(u)), 

"(II) is not a member of an association which has peti- 
tioned for certification under this section for its members, 
and 

"(III) has not otherwise associated with other employers 
who are petitioning for temporary foreign workers under 
this section. 

"(iii) Six months before the end of the 3-year period described 
in clause (i), the Secretary of Labor shall consider the findings 
of the report mandated by section 403(aX4XD) of the Immigra- 
tion Reform and Control Act of 1986 as well as other relevant 
materials, including evidence of benefits to United States work- 
ers and costs to employers, addressing the advisability of 
continuing a policy which requires an employer, as a condition 
for certification under this section, to continue to accept quali- 
fied, 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 issuance of findings in furtherance of the Congressional 
policy that aliens not be admitted under this section unless 
there are not sufficient workers in the United States who are 
able, willing, and qualified to perform the labor or service 
needed and that the employment of the aliens in such labor or 
services will not adversely affect the wages and working condi- 
tions of workers in the United States similarly employed. In the 
absence of the enactment of Federal legislation prior to three 
months before the end of the 3-year period described in clause (i) 
which addresses 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, 



S. 1200-56 

^gulations based on his findings which shall be effective no 
iter than three years from the effective date of this section. 

"(iv) In complying with clause (i) of this subparagraph, an 
ssociation shall be allowed to refer or transfer workers among 
s members: Provided, That for purposes of this section an 
ssociation acting as an agent for its members shall not be 
Dnsidered a joint employer merely because of such referral or 
ransfer. 

"(v) United States workers referred or transferred pursuant 
) clause (iv) of this subparagraph shall not be treated dispar- 
tely. 

"(vi) An employer shall not be liable for payments under 
Action 655.202(bX6) of title 20, Code of Federal Regulations (or 
ny successor regulation) with respect to an H-2A worker who 
i displaced due to compliance with the requirement of this 
abparagraph, if the Secretary of Labor certifies that the H-2A 
wker was displaced because of the employer's compliance 
r ith clause (i) of this subparagraph. 

"(viiXD No person or entity shall willfully and knowingly 
dthhold domestic workers prior to the arrival of H-2A workers 
i order to force the hiring of domestic workers under clause (i). 

"(ID Upon the receipt of a complaint by an employer that a 
iolation of subclause (I) has occurred the Secretary shall imme- 
iately investigate. He shall within 36 hours of the receipt of 
le complaint issue findings concerning the alleged violation, 
/here the Secretary finds that a violation has occurred, he 
liall immediately suspend the application of clause (i) of this 
abparagraph with respect to that certification for that date of 
eed. 

"(4) HOUSING. Employers shall furnish housing in accord- 
nee with regulations. The employer shall be permitted at the 
mployer's option to provide housing meeting applicable Fed- 
ral standards for temporary labor camps or to secure housing 
rhich meets the local standards for rental and/or public 
ccomodations or other substantially similar class of habitation: 
*rovided, That in the absence of applicable local standards, 
tate standards for rental and/or public accomodations or other 
ubstantially similar class of habitation shall be met: Provided 
urther, That in the absence of applicable local or State stand- 
rds, Federal temporary labor camp standards shall apply: 
provided further, That the Secretary of Labor shall issue regula- 
ions which address the specific requirements of housing for 
mployees principally engaged in the range production of live- 
tock: Provided further, That when it is the prevailing practice 
n the area and occupation of intended employment to provide 
amily housing, family housing shall be provided to workers 
/ith families who request it: And provided further, That noth- 
ng in this paragraph shall require an employer to provide or 
ecure housing for workers who are not entitled to it under the 
emporary labor certification regulations in effect on June 1, 
986. 
) ROLES OF AGRICULTURAL ASSOCIATIONS. 

"(1) PERMITTING FILING BY AGRICULTURAL ASSOCIATIONS. A 
petition to import an alien as a temporary agricultural worker, 
.nd an application for a labor certification with respect to such 
. worker, may be filed by an association of agricultural produc- 
rs which use agricultural services. 



S. 120057 

"(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 trans- 
ferred among its producer members to perform agricultural 
services of a temporary or seasonal nature for which the certifi- 
cations were granted. 
"(3) TREATMENT OF VIOLATIONS. 

"(A) MEMBER'S VIOLATION DOES NOT NECESSARILY DIS- 
QUALIFY ASSOCIATION OR OTHER MEMBERS. If an individual 
producer member of a joint employer association is deter- 
mined to have committed an act that under subsection (bX2) 
results in the denial of certification with respect to the 
member, the denial shall apply only to that member of the 
association unless the Secretary determines that the 
association or other member participated in, had knowledge 
of, or reason to know of, the violation. 

(B) ASSOCIATION'S VIOLATION DOES NOT NECESSARILY DIS- 
QUALIFY MEMBERS. (i) If an association representing agri- 
cultural producers as a joint employer is determined to 
have committed an act that under subsection (bX2) 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 Secretary determines that the member partici- 
pated in, had knowledge of, or reason to know of, the 
violation. 

"(ii) If an association of agricultural producers certified 
as a sole employer is determined to have committed an act 
that under subsection (bX2) results in the denial of certifi- 
cation with respect to the association, no individual pro- 
ducer member of such association may be the beneficiary of 
the services of temporary alien agricultural workers admit- 
ted under this section in the commodity 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 commodity and occupation in question directly or 
through an association which is a joint employer of such 
workers with the producer member. 

"(e) EXPEDITED ADMINISTRATIVE APPEALS OF CERTAIN DETERMINA- 
TIONS.^!) Regulations shall provide for an expedited procedure for 
the review of a denial of certification under subsection (aXD or a 
revocation of such a certification or, at the applicant's request, for a 
de novo administrative hearing respecting the denial or revocation. 
"(2) The Secretary of Labor shall expeditiously, but in no case 
later than 72 hours after the time a new determination is requested, 
make a new determination on the request for certification in the 
case of an H-2A worker if able, willing, and qualified eligible 
individuals are not actually available at the time such labor or 
services are required 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 referred is not 
able, willing, or qualified, the burden of proof is on the employer to 
establish that the individual referred is not able, willing, or quali- 
fied because of employment-related reasons. 



S. 1200-58 

'(f) VIOLATORS DISQUALIFIED FOR 5 YEARS. An alien may not be 
nitted to the United States as a temporary agricultural worker if 
( alien was admitted to the United States as such a worker within 
! previous five-year period and the alien during that period 
lated a term or condition of such previous admission, 
'(g) AUTHORIZATIONS OF APPROPRIATIONS. (1) There are au- 
irized to be appropriated for each fiscal year, beginning with 
;al year 1987, $10,000,000 for the purposes 

"(A) of recruiting domestic workers for temporary labor and 
services which might otherwise be performed by nonimmigrants 
described in section 101(aX15XHXiiXa), and 

"(B) of monitoring terms and conditions under which such 
nonimmigrants (and domestic workers employed by the same 
employers) are employed in the United States. 
'(2) The Secretary of Labor is authorized to take such actions, 
luding imposing appropriate penalties and seeking appropriate 
unctive relief and specific performance of contractual obligations, 
may be necessary to assure employer compliance with terms and 
iditions of employment under this section. 

'(3) There are authorized to be appropriated for each fiscal year, 
finning with fiscal year 1987, such sums as may be necessary for 
! purpose of enabling the Secretary of Labor to make determina- 
ns and certifications under this section and under section 
!(aX14). 

'(4) There are authorized to be appropriated for each fiscal year, 
finning with fiscal year 1987, such sums as may be necessary for 
i purposes of enabling the Secretary of Agriculture to carry out 
5 Secretary's duties and responsibilities under this section, 
'(h) MISCELLANEOUS PROVISIONS. (1) The Attorney General shall 
>vide for such endorsement of entry and exit documents of 
limmigrants described in section 101(aX15XHXii) as may be nec- 
ary to carry out this section and to provide notice for purposes of 
tion 274A. 

'(2) The provisions of subsections (a) and (c) of section 214 and the 
)visions of this section preempt any State or local law regulating 
nissibility of nonimmigrant workers, 
'(i) DEFINITIONS. For purposes of this section: 

"(1) The term 'eligible individual' means, with respect to 
employment, an individual who is not an unauthorized alien (as 
defined in section 274A(h)) with respect to that employment. 
"(2) The term 'H-2A worker' means a nonimmigrant de- 
scribed in section 101(aX15XHXiiXa).". 

d) EFFECTIVE DATE. The amendments made by this section apply 
petitions and applications filed under sections 214(c) and 216 of 
j Immigration and Nationality Act on or after the first day of the 
r enth month beginning after the date of the enactment of this Act 
sreinafter in this section referred to as the "effective date"). 

e) REGULATIONS. The Attorney General, in consultation with the 
:retary of Labor and the Secretary of Agriculture, shall approve 

regulations to be issued implementing sections 101(aX15XHXiiXa) 
d 216 of the Immigration and Nationality Act. Notwithstanding 
y other provision of law, final regulations to implement such 
itions shall first be issued, on an interim or other basis, not later 
in the effective date. 

f) SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO. 
is the sense of Congress that the President should establish an 
risory commission which shall consult with the Governments of 



S. 1200-59 

Mexico and of other appropriate countries and advise the Attorney 
General regarding the operation of the alien temporary worker 
program established under section 216 of the Immigration and 
Nationality Act. 

(g) CONFORMING AMENDMENT TO TABLE OF CONTENTS. The table 
of contents is amended by inserting after the item relating to section 
215 the following new item: 

"Sec. 216. Admission of temporary H-2A workers.". 

SEC. 302. LAWFUL RESIDENCE FOR CERTAIN SPECIAL AGRICULTURAL 
WORKERS. 

(a) IN GENERAL.; <1) Chapter 1 of title II is amended by adding at 
the end the following new section: 

"SPECIAL AGRICULTURAL WORKERS 

"SEC. 210. (a) LAWFUL RESIDENCE. 

"(1) IN GENERAL. 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 requirements: 

"(A) APPLICATION PERIOD. 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. 

"(B) PERFORMANCE OF SEASONAL AGRICULTURAL SERVICES 

AND RESIDENCE IN THE UNITED STATES. The alien must 

establish that he has 

"(i) resided in the United States, and 
"(ii) performed seasonal agricultural services 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 sentence, performance of seasonal 
agricultural services in the United States for more than one 
employer on any one day shall be counted as performance 
of services for only 1 man-day. 

"(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 (cX2). 
"(2) ADJUSTMENT TO PERMANENT RESIDENCE. The Attorney 
General shall adjust the status of any alien provided lawful 
temporary resident status under paragraph (1) to that of an 
alien lawfully admitted for permanent residence on the follow- 
ing date: 

"(A) GROUP 1. Subject to the numerical limitation estab- 
lished under subparagraph (C), in the case of an alien who 
has established, at the time of application for temporary 
residence under paragraph (1), that the alien performed 
seasonal agricultural services in the United States for at 
least 90 man-days during each of the 12-month 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 granted 
such temporary resident status, or (II) the day after the last 
day of the application period described in paragraph (1XA). 
'(B) GROUP 2. In the case of aliens to which subpara- 
graph (A) does not apply, the adjustment shall occur on the 



S. 1200-60 

day after the last day of the two-year period that begins on 
the later of (I) the date the alien was granted such tem- 
porary resident status, or (II) the day after the last day of 
the application period described in paragraph (1XA). 

"(C) NUMERICAL LIMITATION. Subparagraph (A) shall not 
apply to more than 350,000 aliens. If more than 350,000 
aliens meet the requirements of such subparagraph, such 
subparagraph shall apply to the 350,000 aliens whose ap- 
plications for adjustment were first filed under paragraph 
(1) and subparagraph (B) shall apply to the remaining 
aliens. 

"(3) TERMINATION OF TEMPORARY RESIDENCE. During the 
>eriod of temporary resident status granted an alien under 
>aragraph (1), the Attorney General may terminate such status 
>nly upon a determination under this Act that the alien is 
leportable. 

(4) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY 
IESIDENCE. During the period an alien is in lawful temporary 
esident status granted under this subsection, the alien has the 
ight to travel abroad (including commutation from a residence 
ibroad) and shall be granted authorization to engage in employ- 
nent in the United States and shall be provided an 'employ- 
nent authorized' endorsement or other appropriate work 
>ermit, in the same manner as for aliens lawfully admitted for 
>ermanent residence. 

"(5) IN GENERAL. Except as otherwise provided in this 
ubsection, an alien who acquires the status of an alien lawfully 
idmitted for temporary residence under paragraph (1), such 
itatus not having changed, is considered to be an alien lawfully 
idmitted for permanent residence (as described in section 
.01(aX20)), other than under any provision of the immigration 
aws. 

) APPLICATIONS FOR ADJUSTMENT OF STATUS. 
"(1) TO WHOM MAY BE MADE. 

"(A) WITHIN THE UNITED STATES. The Attorney General 
shall provide that applications for adjustment of status 
under subsection (a) may be filed 

"(i) with the Attorney General, or 
"(ii) with a designated entity (designated under para- 
graph (2)), but only if the applicant consents to the 
forwarding of the application to the Attorney General. 
"(B) OUTSIDE THE UNITED STATES. The Attorney General, 
in cooperation with the Secretary of State, shall provide a 
procedure whereby an alien may apply for adjustment of 
status under subsection (aXD at an appropriate consular 
office outside the United States. If the alien otherwise 
qualifies for such adjustment, the Attorney General shall 
provide such documentation of authorization 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 ENTITIES TO RECEIVE APPLICATIONS. For 
purposes of receiving applications under this section, the Attor- 
ley General 

"(A) shall designate qualified voluntary organizations 
and other qualified State, local, community, farm labor 



S. 120061 

organizations, and associations of agricultural employers, 
and 

"(B) may designate such other persons as the Attorney 
General determines are qualified and have substantial 
experience, demonstrated competence, and traditional long- 
term involvement in the preparation and submittal of ap- 
plications for adjustment of status under section 209 or 245, 
Public Law 89-732, or Public Law 95-145. 
"(3) PROOF OF ELIGIBILITY. 

"(A) IN GENERAL. An alien may establish that he meets 
the requirement of subsection (aXIXBXii) through govern- 
ment employment records, records supplied by employers 
or collective bargaining organizations, and such other reli- 
able 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) DOCUMENTATION OF WORK HISTORY. (i) An alien 
applying for adjustment of status under subsection (aXD 
has the burden of proving by a preponderance of the evi- 
dence that the alien has worked the requisite number of 
man-<Iays (as required under subsection (aXIXBXii)). 

"(ii) If an employer or farm labor contractor employing 
such an alien has kept proper and adequate records respect- 
ing such employment, the alien's burden of proof under 
clause (i) may be met by securing timely production of those 
records under regulations to be promulgated by the Attor- 
ney General. 

(Hi) An alien can meet such burden of proof if the alien 
establishes that the alien has in fact performed the work 
described in subsection (aXIXBXii) by producing sufficient 
evidence to show the extent of that employment 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. 
"(4) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES. 
Each designated entity must agree to forward to the Attorney 
General applications filed with it in accordance with paragraph 
(IXAXii) but not to forward to the Attorney General applications 
filed with it unless the applicant has consented to such forward- 
ing. No such entity may make a determination required by this 
section to be made by the Attorney General. 

"(5) LIMITATION ON ACCESS TO INFORMATION. Files and 
records prepared for purposes of this section by designated 
entities operating 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. 

"(6) CONFIDENTIALITY OF INFORMATION. Neither the Attorney 
General, nor any other official or employee of the Department 
of Justice, or bureau or agency thereof, may 

"(A) use the information furnished pursuant to an ap- 
plication filed under this section for any purpose other than 
to make a determination on the application or for enforce- 
ment of paragraph (7), 



S. 1200-62 

"(B) make any publication whereby the information fur- 
nished by any particular individual can be identified, or 
"(C) permit anyone other than the sworn officers and 
employees of the Department or bureau or agency or, with 
respect to applications filed with a designated entity, that 
designated entity, to examine individual applications. 
Anyone who uses, publishes, or permits information to be exam- 
ined in violation of this paragraph shall be fined in accordance 
with title 18, United States Code, or imprisoned not more than 
five years, or both. 

"(7) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS. 
"(A) CRIMINAL PENALTY. Whoever 

"(i) files an application for adjustment of status 
under this section and knowingly and willfully falsifies, 
conceals, or covers up a material fact or makes any 
false, fictitious, or fraudulent statements or representa- 
tions, or makes or uses any false writing or document 
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 application, 
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 convicted of a crime 
under subparagraph (A) shall be considered to be inadmis- 
sible to the United States on the ground described in sec- 
tion 212(aX19). 

:) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS 
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 EXCLUSION. In the determina- 
tion of an alien's admissibility under subsection (aXIXC) 

"(A) GROUNDS OF EXCLUSION NOT APPLICABLE. The provi- 
sions of paragraphs (14), (20), (21), (25), and (32) of section 
212(a) shall not apply. 
"(B) WAIVER OF OTHER GROUNDS. 

"(i) IN GENERAL. Except as provided in clause (ii), 
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) GROUNDS THAT MAY NOT BE WAIVED. The follow- 
ing provisions of section 212(a) may not be waived by 
the Attorney General under clause (i): 

"(I) Paragraph (9) and (10) (relating to criminals). 
"(II) Paragraph (15) (relating to aliens likely to 
become public charges). 

"(Ill) Paragraph (23) (relating to drug offenses), 
except for so much of such paragraph as relates to 
a single offense of simple possession of 30 grams or 
less of marihuana^ 

"(IV) Paragraphs (27), (28), and (29) (relating to 
national security and members of certain organiza- 
tions). 



S. 1200-63 

"(V) Paragraph (33) (relating to those who as- 
sisted in the Nazi persecutions). 

"(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC 
CHARGE. An alien is not ineligible for adjustment of status 
under this section due to being inadmissible under section 
212(aX15) if the alien demonstrates a history of employment 
in the United States evidencing self-support without reli- 
ance on public cash assistance. 

"(d) TEMPORARY STAY OF EXCLUSION OR DEPORTATION AND WORK 
AUTHORIZATION FOR CERTAIN APPLICANTS. 

"(1) BEFORE APPLICATION PERIOD. The Attorney General shall 
provide that in the case of an alien who is apprehended before 
the beginning of the application period described in subsection 
(aXl) and who can establish a nonfrivolpus 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 opportunity during 
the first 30 days of the application period to complete the filing 
of an application for adjustment, the alien 

(A) may not be excluded or deported, and 

"(B) shall be granted authorization to engage in employ- 
ment in the United States and be provided an 'employment 
authorized' endorsement or other appropriate work permit. 
"(2) DURING APPLICATION PERIOD. The Attorney General shall 
provide that in the case of an alien who presents a nonfrivolous 
application for adjustment of status under subsection (a) during 
the application period, and until a final determination on the 
application has been made in accordance with this section, the 
alien 

"(A) may not be excluded or deported, and 
"(B) shall be granted authorization to engage in employ- 
ment in the United States and be provided an 'employment 
authorized' endorsement or other appropriate work permit, 
"(e) ADMINISTRATIVE AND JUDICIAL REVIEW. 

"(1) ADMINISTRATIVE AND JUDICIAL REVIEW. There shall be no 
administrative or judicial review of a determination respecting 
an application for adjustment of status under this section except 
in accordance with this subsection. 
"(2) ADMINISTRATIVE REVIEW. 

"(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE 
REVIEW. The Attorney General shall establish an appel- 
late authority to provide for a single level of administrative 
appellate review of such a determination. 

(B) STANDARD FOR REVIEW. Such administrative appel- 
late review shall be based solely upon the administrative 
record established at the time of the determination on the 
application and upon such additional or newly discovered 
evidence as may not have been available at the time of the 
determination. 

"(3) JUDICIAL REVIEW. 

"(A) LIMITATION TO REVIEW OF EXCLUSION OR DEPORTA- 
TION. There shall be judicial review of such a denial only 
in the judicial review of an order of exclusion or deportation 
under section 106. 

"(B) STANDARD FOR JUDICIAL REVIEW. Such judicial 
review shall be based solely upon the administrative record 
established at the time of the review by the appellate 
authority and the findings of fact and determinations con- 
tained in such record shall be conclusive unless the ap- 
plicant can establish abuse of discretion or that the findings 



S. 1200-64 

are directly contrary to clear and convincing facts con- 
tained in the record considered as a whole. 
'(0 TEMPORARY DISQUALIFICATION OF NEWLY LEGALIZED ALIENS 
OM RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN. 
iring the five-year period beginning on the date an alien was 
inted lawful temporary resident status under subsection (a), and 
twithstanding any other provision of law, the alien is not eligible 
aid under a State plan approved under part A of title IV of the 
rial Security Act. Notwithstanding the previous sentence, in the 
>e of an alien who would be eligible for aid under a State plan 
proved under part A of title IV of the Social Security Act but for 
3 previous sentence, the provisions of paragraph (3) of section 
5A(h) shall apply in the same manner as they apply with respect 
paragraph (1) of such section and, for this purpose, any reference 
section 245A(hX3) to paragraph (1) is deemed a reference to the 
*vious sentence. 

'(g) TREATMENT OF SPECIAL AGRICULTURAL WORKERS. For all 
rposes (subject to subsections (bX3) and (f)) an alien whose status 
adjusted under this section to that of an alien lawfully admitted 
permanent residence, such status not having changed, shall be 
isidered to be an alien lawfully admitted for permanent residence 
ithin the meaning of section 101(aX20)). 

'(h) SEASONAL AGRICULTURAL SERVICES DEFINED. In this section, 
j term 'seasonal agricultural services' means the performance of 
Id work related to planting, cultural practices, cultivating, grow- 
l and harvesting of fruits and vegetables of every kind and other 
rishable commodities, as defined in regulations by the Secretary 
Agriculture.". 

2) The table of contents is amended by inserting after the item 
ating to section 209 the following new item: 

. 210. Special agricultural workers.". 

t) CONFORMING AMENDMENTS. (1) Section 402(0 of the Social 
curity Act (as added by section 201(bXD of this Act) is amended 

(A) by inserting "and subsection (0 of section 210 of such Act" 
before the period at the end of paragraph (1); 

(B) by inserting "or (f)" after "such subsection (h)" in para- 
graph (2); and 

(C) by inserting "or 210" after "such section 245A" in para- 
graph (2). 

2) The last sentence of section 472(a) of such Act (as added by 
:tion 201(bX2XA) of this Act) is amended by inserting "or 210(0 
*>r "245A(h)". 

C. 303. DETERMINATIONS OF AGRICULTURAL LABOR SHORTAGES AND 
ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORK- 
ERS. 

[a) IN GENERAL. Chapter 1 of title II is amended by adding after 
:tion 210 (added by section 302 of this title) the following new 
:tion: 

ETERMINATION OF AGRICULTURAL LABOR SHORTAGES AND ADMISSION 
OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS 

"SEC. 2 10 A. (a) DETERMINATION OF NEED TO ADMIT ADDITIONAL 

ECIAL AGRICULTURAL WORKERS. 

"(1) IN GENERAL. Before the beginning of each fiscal year 
(beginning with fiscal year 1990 and ending with fiscal year 
1993)> the Secretaries of Labor and Agriculture (in this section 
referred to as the 'Secretaries') shall jointly determine the 
number (if any) of additional aliens who should be admitted to 



S. 120065 

the United States or who should otherwise acquire the status of 
aliens lawfully admitted for temporary residence under this 
section during the fiscal year to meet a shortage of workers to 
perform seasonal agricultural services in the United States 
during the year. Such number is, in this section, referred to as 
the 'shortage number'. 
"(2) OVERALL DETERMINATION. The shortage number is 

"(A) the anticipated need for special agricultural workers 
(as determined under paragraph (4)) for the fiscal year, 
minus 

"(B) the supply of such workers (as determined under 
paragraph (5)) for that year, 

divided by the factor (determined under paragraph (6)) for man- 
days per worker. 

"(3) No REPLENISHMENT IF NO SHORTAGE. In determining the 
shortage number, the Secretaries may not determine that there 
is a shortage unless, after considering all of the criteria set forth 
in paragraphs (4) and (5), the Secretaries determine that there 
will not be sufficient able, willing, and qualified workers avail- 
able to perform seasonal agricultural services required in the 
fiscal year involved. 

"(4) DETERMINATION OF NEED. For purposes of paragraph 
(2XA), the anticipated need for special agricultural workers for a 
fiscal year is determined as follows: 

"(A) BASE. The Secretaries shall jointly estimate, using 
statistically valid methods, the number of man-days of 
labor performed in seasonal agricultural services in the 
United States in the previous fiscal year. 

"(B) ADJUSTMENT FOR CROP LOSSES AND CHANGES IN INDUS- 
TRY. The Secretaries shall jointly 

"(i) increase such number by the number of man-days 
of labor in seasonal agricultural services in the United 
States that would have been needed in the previous 
fiscal year to avoid any crop damage or other loss that 
resulted from the unavailability of labor, and 

"(ii) adjust such number to take into account the 
projected growth or contraction in the requirements for 
seasonal agricultural services as a result of 

"(I) growth or contraction in the seasonal agri- 
culture industry, and 

"(II) the use of technologies and personnel prac- 
tices that affect the need for, and retention of, 
workers to perform such services. 

"(5) DETERMINATION OF SUPPLY. For purposes of paragraph 
(2KB), the anticipated supply of special agricultural workers for 
a fiscal year is determined as follows: 

"(A) BASE. The Secretaries shall use the number esti- 
mated under paragraph (4XA). 

"(B) ADJUSTMENT FOR RETIREMENTS AND INCREASED 
RECRUITMENT. The Secretaries shall jointly 

"(i) decrease such number by the number of man- 
days of labor in seasonal agricultural services in the 
United States that will be lost due to retirement and 
movement of workers out of performance of seasonal 
agricultural services, and 

"(ii) increase such number by the number of addi- 
tional man-days of labor in seasonal agricultural serv- 
ices in the United States that can reasonably be ex- 



S. 1200-66 

pected to result from the availability of able, willing, 
qualified, and unemployed special agricultural work- 
ers, rural low skill, or manual, laborers, and domestic 
agricultural workers. 

"(C) BASES FOR INCREASED NUMBER. In making the 
adjustment under subparagraph (BXii), the Secretaries shall 
consider 

"(i) the effect, if any, that improvements in wages 
and working conditions offered by employers will have 
on the availability of workers to perform seasonal agri- 
cultural services, taking into account the adverse 
effect, if any, of such improvements in wages and 
working conditions on the economic competitiveness of 
the perishable agricultural industry, 

"(ii) the effect, if any, of enhanced recruitment ef- 
forts by the employers of such workers and government 
employment services in the traditional and expected 
areas of supply of such workers, and 

"(iii) the number of able, willing and qualified 
individuals who apply for employment opportunities in 
seasonal agricultural services, listed with offices of 
government employment services. 
"(D) CONSTRUCTION. Nothing in this subsection shall be 
deemed to require any individual 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 1990. For fiscal year 1990 

"(i) IN GENERAL. Subject to clause (ii), for purposes 
of paragraph (2) the factor under this paragraph is the 
average number, as estimated by the Director of the 
Bureau of the Census under subsection (bX3XAXii), 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 who performed seasonal agricultural 
services in the United States at any time during the 
fiscal year. 

"(ii) LACK OF ADEQUATE INFORMATION. If the Direc- 
tor determines that 

"(I) the information reported under subsection 
(bX2XA) is not adequate to make a reasonable esti- 
mate of the average number described in clause (i), 
but 

"(II) the inadequacy of the information is not due 
to the refusal or failure of employers to report the 
information required under subsection (bX2XA), 
the factor under this paragraph is 90. 
"(B) FISCAL YEAR 1991. For purposes of paragraph (2) for 
fiscal year 1991, the factor under this paragraph is the 
average number, as estimated by the Director of the Bureau 
of the Census under subsection (bX3XAXii), of man-days of 
seasonal agricultural services performed in the United 
States in fiscal year 1990 by special agricultural workers 
who obtained lawful temporary resident status under this 
section. 

"(C) FISCAL YEARS 1992 AND 1993. For purposes of para- 
graph (2) for fiscal years 1992 and 1993, the factor under 



S. 120067 

this paragraph is the average number, as estimated by the 
Director of the Bureau of the Census under subsection 
(bX3XAXii), of man-days of seasonal 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. 

"(7) EMERGENCY PROCEDURE FOR INCREASE IN SHORTAGE 
NUMBER. 

"(A) REQUESTS. After the beginning of a fiscal year, a 
group or association representing 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 extraordinary, unusual, and unforeseen circumstances 
have resulted in a significant increase in the shortage 
number due to (i) a significant increase in the need for 
special agricultural workers in the year, (ii) a significant 
decrease in the availability of able, willing, and qualified 
workers to perform seasonal agricultural services, or (iii) a 
significant decrease (below the factor used for purposes of 
paragraph (6)) in the number of man-days of seasonal agri- 
cultural services performed by aliens who were recently 
admitted (or whose status was recently adjusted) under this 
section. 

"(B) NOTICE OF EMERGENCY PROCEDURE. Not later than 3 
days after the date the Secretaries receive a request under 
subparagraph (A), the Secretaries 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 Secretaries on a timely basis 
respecting the request. 

(C) PROMPT DETERMINATION ON REQUEST. The Secretar- 
ies, not later than 21 days after the date of the receipt of 
such a request and after consideration of any information 
submitted on a timely basis with respect to the request, 
shall make and publish in the Federal Register their deter- 
mination on the request. 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 cir- 
cumstances 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 AGRI- 
CULTURAL 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 Sec- 
retaries to decrease the number of man-days required 
under subparagraphs (A) and (B) of subsection (dX2) 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 (i) a significant decrease in the need for special 
agricultural workers in the year, (ii) a significant increase 
in the availability of able, willing, and qualified workers to 



S. 1200-68 

perform seasonal agricultural services, or (iii) a significant 
increase (above the factor used for purposes of paragraph 
(6)) in the number of man-days of seasonal agricultural 
services performed by aliens who were recently admitted 
(or whose status was recently adjusted) under this section. 
"(B) NOTICE OF REQUEST. Not later than 3 days after the 
date the Secretaries receive a request under subparagraph 
(A), the Secretaries 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 Secretaries on a timely basis respecting the request. 
"(C) DETERMINATION ON REQUEST. The Secretaries, 
before the end of the fiscal year involved and after consider- 
ation of any information submitted on a timely basis with 
respect to the request, shall make and publish in the Fed- 
eral Register their determination on the request. The re- 
quest shall be granted, and the number of man-days speci- 
fied in subparagraphs (A) and (B) of subsection (dX2) for the 
fiscal year shall be reduced by the same proportion as the 
Secretaries determine that a decrease in the shortage 
number is justified based upon the showing and cir- 
cumstances described in subparagraph (A), 
"(b) ANNUAL NUMERICAL LIMITATION ON ADMISSION OF ADDITIONAL 
SPECIAL AGRICULTURAL WORKERS. 

"(1) ANNUAL NUMERICAL LIMITATION. 

"(A) FISCAL YEAR 1 990. The numerical limitation on the 
number of aliens who may be admitted under subsection 
(cXD or who otherwise may acquire lawful temporary resi- 
dence under such subsection for fiscal year 1990 is 

"(i) 95 percent of the number of individuals whose 
status was adjusted under section 210(a), minus 

"(ii) the number estimated under paragraph (3XAXi) 
for fiscal year 1989 (as adjusted in accordance with 
subparagraph (Q). 

"(B) FISCAL YEARS 1991, 1992, AND 1993. The numerical 
limitation on the number of aliens who may be admitted 
under subsection (cXl) or who otherwise may acquire lawful 
temporary residence under such subsection for fiscal year 
1991, 1992, or 1993 is 

"(i) 90 percent of the number described in this clause 
for the previous fiscal year (or, for fiscal year 1991, the 
number described in subparagraph (AXi))> minus 

"(ii) the number estimated under paragraph (3XAXi) 
for the previous fiscal year (as adjusted in accordance 
with subparagraph (C)). 

"(C) ADJUSTMENT TO TAKE INTO ACCOUNT CHANGE IN 
NUMBER OF H-2 AGRICULTURAL WORKERS. The number used 
under subparagraph (AXii) or (BXii) (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 serv- 
ices (as defined in subsection (gX2)) under section 
101(aX15XHXiiXa) in the fiscal year compared to such 
number in the previous fiscal year. 

"(2) REPORTING OF INFORMATION ON EMPLOYMENT. In the case 
of a person or entity who employs, during a fiscal year (begin- 



S. 120069 

ning with fiscal year 1989 and ending with fiscal year 1992) in 
seasonal agricultural services, a special agricultural worker 
"(A) whose status was adjusted under section 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 estab- 
lish, 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 sea- 
sonal agricultural services during the fiscal year, or 

"(B) who was admitted or whose status was adjusted 
under this section, the person or entity shall furnish the 
alien and 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. 

"(3) ANNUAL ESTIMATE OF EMPLOYMENT OF SPECIAL AGRICUL- 
TURAL WORKERS. 

"(A) 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), 
estimate 

"(i) the number of special agricultural workers who 
have performed seasonal agricultural services in the 
United States at any time during the fiscal year, and 
"(ii) for purposes of subsection (aX5), the average 
number of man-days of such services certain of such 
workers have performed in the United States during 
the fiscal year. 

"(B) FURNISHING OF INFORMATION TO DIRECTOR. The 
official designated by the Secretaries under paragraph (2) 
shall furnish to the Director, in such form and manner as 
the Director specifies, information contained in the certifi- 
cations furnished to the official under paragraph (2). 

"(C) BASIS FOR ESTIMATES. The Director shall base the 
estimates under subparagraph (A) on the information fur- 
nished under subparagraph (B), but shall take into account 
(to the extent feasible) the underreporting or duplicate 
reporting of special agricultural workers who have per- 
formed seasonal agricultural 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 
reporting. 

'(D) REPORT. The Director shall annually prepare and 
report to the Congress information on the estimates made 
under this paragraph. 

'(c) ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS. 
"(1) IN GENERAL. For each fiscal year (beginning 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 adjustment of status to lawful tem- 
porary resident status, of a number of aliens equal to the 
shortage number (if any, determined under subsection (a)) for 



S. 120070 

the fiscal year, or, if less, the numerical limitation established 
under subsection (bXD for the fiscal year. No such alien shall be 
admitted who is not admissible to the United States as an 
immigrant, except as otherwise provided under subsection (e). 
"(2) ALLOCATION OF VISAS. The Attorney General shall, in 
consultation with the Secretary of State, provide such process as 
may be appropriate for aliens to petition for immigrant visas or 
to adjust status to become aliens lawfully admitted for tem- 
porary residence 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 ADMITTED OR ADJUSTED UNDER THIS 
SECTION. 

"(1) ADJUSTMENT TO PERMANENT RESIDENCE. The Attorney 
General shall adjust the status of any alien provided lawful 
temporary resident status under subsection (c) to that of an 
alien lawfully admitted for permanent residence at the end of 
the 3-year period that begins on the date the alien was granted 
such temporary resident status. 

"(2) TERMINATION OF TEMPORARY RESIDENCE. During the 
period of temporary resident status granted an alien under 
subsection (c), the Attorney General may terminate such status 
only upon a determination under this Act that the alien is 
deportable. 

(3) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY 
RESIDENCE. During the period an alien is in lawful temporary 
resident status granted under this section, the alien has the 
right to travel abroad (including commutation from a residence 
abroad) and shall be granted authorization to engage in employ- 
ment in the United States and shall be provided an 'employ- 
ment authorized' endorsement or other appropriate work 
permit, in the same manner as for aliens lawfully admitted for 
permanent residence. 

"(4) IN GENERAL. Except as otherwise provided in this 
subsection, an alien who acquires the status of an alien lawfully 
admitted for temporary residence under subsection (c), such 
status not having changed, is considered to be an alien lawfully 
admitted for permanent residence (as described in section 
101(aX20)), other than under any provision of the immigration 
laws. 

"(5) EMPLOYMENT IN SEASONAL AGRICULTURAL SERVICES 
REQUIRED. 

"(A) FOR 3 YEARS TO AVOID DEPORTATION. In order to 
meet the requirement of this paragraph (for purposes of 
this subsection and section 241(aX20)), an alien, who has 
obtained the status of an alien lawfully admitted for tem- 
porary residence under this section, must establish to the 
Attorney General that the alien has performed 90 man-days 
of seasonal agricultural services 

"(i) during the one-year period beginning on the date 
the alien obtained such status, 

"(ii) during the one-year period beginning one year 
after the date the alien obtained such status, and 

"(iii) during the one-year period beginning two years 
after the date the alien obtained such status. 



S. 1200 71 

"(B) FOR 5 YEARS FOR NATURALIZATION. Notwithstanding 
any provision in title III, an alien admitted under this 
section may not be naturalized as a citizen of the United 
States under that title unless the alien has performed 90 
man-days of seasonal agricultural services in each of 5 
fiscal years (not including any fiscal year before the fiscal 
year in which the alien was admitted under this section). 
"(C) PROOF. In meeting the requirements of subpara- 
graphs (A) and (B), an alien may submit such documenta- 
tion as may be submitted under section 210(bX3). 

"(D) ADJUSTMENT OF NUMBER OF MAN-DAYS REQUIRED. 

The number of man-days specified in subparagraphs (A) 

and (B) are subject to adjustment under subsection (aX8). 

"(6) DISQUALIFICATION FROM CERTAIN PUBLIC ASSISTANCE. The 

provisions of section 245A(h) (other than paragraph (IXAXiii)) 

shall apply to an alien who has obtained the status of an alien 

lawfully admitted for temporary residence under this section, 

during the five-year period beginning on the date the alien 

obtained such status, in the same manner as they apply to an 

alien granted lawful temporary residence under section 245A; 

except that, for purposes of this paragraph, assistance furnished 

under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

or under title V of the Housing Act of 1949 (42 U.S.C. 1471 et 

seq.) shall not be construed to be financial assistance described 

in section 245A(hXlXAXi). 

"(e) DETERMINATION OF ADMISSIBILJTY OF ADDITIONAL WORKERS. 
In the determination of an alien's admissibility under subsection 

(cXD- 

"(1) GROUNDS OF EXCLUSION NOT APPLICABLE. The provisions 
of paragraphs (14), (20), (21), (25), and (32) of section 212(a) shall 
not apply. 
"(2) WAIVER OF CERTAIN GROUNDS FOR EXCLUSION. 

"(A) IN GENERAL. Except as provided in subparagraph 
(B), the Attorney General may waive any other provision of 
section 212(a) in the case of individual aliens for humani- 
tarian purposes, to assure family unity, or when it is other- 
wise in the public interest. 

"(B) GROUNDS THAT MAY NOT BE WAIVED. The following 
provisions of section 212(a) may not be waived by the 
Attorney General under subparagraph (A): 

"(i) Paragraphs (9) and (10) (relating to criminals). 

"(ii) Paragraph (23) (relating to drug offenses), except 

for so much of such paragraph as relates to a single 

offense of simple possession of 30 grams or less of 

marihuana. 

"(iii) Paragraphs (27), (28), and (29) (relating to na- 
tional security and members of certain organizations), 
"(iv) Paragraph (33) (relating to those who assisted in 
the Nazi persecutions). 

"(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC 
CHARGE. An alien is not ineligible for adjustment of status 
under this section due to being inadmissible under section 
212(aX15) if the alien demonstrates a history of employment 
in the United States evidencing self-support without reli- 
ance on public cash assistance. 

"(3) MEDICAL EXAMINATION. The alien shall be required, at 
the alien's expense, to undergo such a medical examination 



S. 120072 

(including a determination of immunization status) as is appro- 
priate and conforms to generally accepted professional stand- 
ards of medical practice. 

"(f) TERMS OF EMPLOYMENT RESPECTING ALIENS ADMITTED UNDER 
THIS SECTION. 

"(1) EQUAL TRANSPORTATION FOR DOMESTIC WORKERS. If a 
person employs an alien, who was admitted or whose status is 
adjusted under subsection (c), in the performance of seasonal 
agricultural services and provides transportation arrangements 
or assistance for such workers, the employer must provide the 
same transportation arrangements or assistance (generally com- 
parable in expense and scope) for other individuals employed in 
the performance of seasonal agricultural services. 

"(2) PROHIBITION OF FALSE INFORMATION BY CERTAIN EMPLOY- 
ERS. A farm labor contractor, agricultural employer, or agri- 
cultural association who is an exempt person (as defined in 
paragraph (5)) shall not knowingly provide false or misleading 
information to an alien who was admitted or whose status was 
adjusted under subsection (c) concerning the terms, conditions, 
or existence of agricultural employment (described in subsection 
(a), (b), or (c) of section 301 of MASAWPA). 

"(3) PROHIBITION OF DISCRIMINATION BY CERTAIN EMPLOYERS. 
In the case of an exempt person and with respect to aliens who 
have been admitted or whose status has been adjusted under 
subsection (c), the provisions of section 505 of MASAWPA shall 
apply to any proceeding under or related to (and rights and 
protections afforded by) this section in the same manner as they 
apply to proceedings under or related to (and rights and protec- 
tions afforded by) MASAWPA. 
"(4) ENFORCEMENT. If a person or entity 

"(A) fails to furnish a certificate required under subsec- 
tion (bX2) or furnishes false statement of a material fact in 
such a certificate, 
"(B) violates paragraph (1) or (2), or 
"(C) violates the provisions of section 505(a) of 
MASAWPA (as they apply under paragraph (3)), 
the person or entity is subject to a civil money penalty under 
section 503 of MASAWPA in the same manner as if the person 
or entity had committed a violation of MASAWPA. 
"(5) SPECIAL DEFINITIONS. In this subsection: 

"(A) MASAWPA. The term 'MASAWPA' means the Mi- 
grant and Seasonal Agricultural Worker Protection Act 
(Public Law 97-470). 

"(B) The term 'exempt person' means a person or entity 
who would be subject to the provisions of MASAWPA but 
for paragraph (1) or (2), or both, of section 4(a) of 
MASAWPA. 
"(g) GENERAL DEFINITIONS. In this section: 

"(1) The term 'special agricultural worker' means an individ- 
ual, regardless of present status, whose status was at any time 
adjusted under section 210 or who at any time was admitted or 
had the individual's status adjusted under subsection (c). 

"(2) The term 'seasonal agricultural services' has the meaning 
given such term in section 210(h). 

"(3) The term 'Director' refers to the Director of the Bureau of 
the Census. 



S. 120073 

"(4) The term 'man-day* means, with respect to seasonal 
agricultural services, the performance during a calendar day of 
at least 4 hours of seasonal agricultural services.". 

(b) DEPORTATION OF CERTAIN WORKERS WHO FAIL To PERFORM 
SEASONAL AGRICULTURAL SERVICES. Section 241(a) (8 U.S.C. 1251(a)) 
is amended 

(1) by striking out "or" at the end of paragraph (18), 

(2) by striking out the period at the end of paragraph (19) and 
inserting in lieu thereof '; or", and 

(3) by adding at the end the following new paragraph: 

"(20) obtains the status of an alien who becomes lawfully 
admitted for temporary residence under section 210A and fails 
to meet the requirement of section 210A(dX5XA) by the end of 
the applicable period.". 

(c) APPLICATION OF CERTAIN STATE ASSISTANCE PROVISIONS. For 
purposes of section 204 of this Act (relating to State legalization 
assistance), the term "eligible legalized 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 begin- 
ning on the date the alien was first granted permanent or tem- 
porary resident status. 

(d) CLERICAL AMENDMENT. The table of contents is amended by 
inserting after the item relating to section 210 (as inserted by 
section 302) the following new item: 

"Sec. 210A. Determination of agricultural labor shortages and admission of addi- 
tional special agricultural workers.". 

(e) CONFORMING AMENDMENTS. (1) Section 402(f) of the Social 
Security Act (as added by section 201(bXD of this Act and amended 
by section 302(b)(l) of this Act) is further amended 

(A) by striking out "and subsection (f) of section 210 of such 
Act" in paragraph (1) and inserting in lieu thereof ", subsection 
(D of section 210 of such Act, and subsection (dX7) of section 
210AofsuchAct"; 

(B) by striking out "such subsection (h) or (f)" in paragraph (2) 
and inserting in lieu thereof "such subsection (h), (f), or (dX7)"; 
and 

(C) by striking out "such section 245A or 210" in paragraph (2) 
and inserting in lieu thereof "such section 245A, 210, or 210A". 

(2) The last sentence of section 472(a) of such Act (as added by 
section 201(bX2XA) of this Act and amended by section 302(bX2) of 
this Act) is further amended by striking out "245A(h) or 210(0" and 
inserting in lieu thereof "245A(h), 210(0, or 210A(dX7)". 

SEC. 304. COMMISSION ON AGRICULTURAL WORKERS. 

(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION. (1) There is 
established a Commission on Agricultural Workers (hereinafter in 
this section referred to as the "Commission"), to be composed of 12 
members 

(A) six to be appointed by the President, 

(B) three to be appointed by the Speaker of the House of Rep- 
resentatives, and 

(C) three to be appointed by the President pro tempore of the 
Senate. 

(2) In making appointments under paragraph (1XA), the President 
shall consult 

(A) with the Attorney General in appointing two members, 



S. 1200-74 

(B) with the Secretary of Labor in appointing two members, 
and 

(C) with the Secretary of Agriculture in appointing two mem- 
bers. 

(3) A vacancy in the Commission shall be filled in the same 
lanner in which the original appointment was made. 

(4) Members shall be appointed to serve for the life of the Com- 
iission. 

(b) FUNCTIONS OF COMMISSION. (1) The Commission shall review 
hie 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 agri- 
cultural worker provisions continue to perform seasonal agri- 
cultural services and the requirement that aliens who become 
special agricultural workers under section 210A of the Immigra- 
tion and Nationality Act perform 90 man-days of seasonal 
agricultural services for certain periods in order to avoid depor- 
tation or to become naturalised. 

(C) The impact of the legalization program and the employers' 
sanctions on the supply of agricultural labor. 

(D) The extent to which the agricultural industry relies on the 
employment of a temporary workforce. 

(E) The adequacy of the supply of agricultural labor in the 
United States and whether this supply needs to be further 
supplemented with foreign labor and tne appropriateness of the 
numerical Limitation on additional special agricultural workers 
imposed under section 210A(b) of the Immigration and 
Nationality Act. 

(F) The extent of unemployment and underemployment of 
farmworkers who are United States citizens or aliens lawfully 
admitted for permanent residence. 

(G) The extent to which the problems of agricultural employ- 
ers in securing labor are related to the lack of modern labor- 
management techniques in agriculture. 

(H) Whether certain geographic regions need special pro- 
grams or provisions to meet their unique needs for agricultural 
labor. 

(D Impact of the special agricultural worker provisions on the 
ability of crops harvested in the United States to compete in 
international markets. 

(2) The Commission shall conduct an overall evaluation of the 
pecial agricultural worker provisions, including the process for 
etermining whether or not an agricultural labor shortage exists. 

(c) REPORT TO CONGRESS. The Commission shall report to the 
kmgress not later than five years after the date of the enact- 
lent of this Act on its reviews under subsection (b). The Commis- 
ion shall include in its report recommendations for appropriate 
hanges that should be made in the special agricultural worker 
revisions. 

(d) COMPENSATION OF MEMBERS. (1) Each member of the Commis- 
ion who is not an officer or employee of the Federal Government is 
ntitled to receive, subject to such amounts as are provided in 
dvance in appropriations Acts, the daily equivalent of the mini- 



S. 1200 75 

mum annual rate of basic pay in effect for grade GS-18 of the 
General Schedule for each day (including traveltime) during which 
the member is engaged in the actual performance of duties of the 
Commission. Each member of the Commission who is such an officer 
or employee shall serve without additional pay. 

(2) While away from their homes or regular places of business in 
the performance of services for the Commission, members of the 
Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence. 

(e) MEETINGS OF COMMISSION. (1) Five members of the Commis- 
sion 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 members. 

(f) STAFF. (1) The Chairman, in accordance with rules agreed 
upon by the Commission, may appoint and fix the compensation of a 
staff director and such other additional personnel as may be nec- 
essary to enable the Commission to carry out its functions, without 
regard to the laws, rules, and regulations governing appointment in 
the competitive service. Any Federal employee subject to those laws, 
rules, and regulations 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 temporary 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) AUTHORITY OF COMMISSION. (1) The Commission may for the 
purpose of carrying out this section, hold such hearings, sit and act 
at such times and places, take such testimony, 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 request of the Chairman, the head of 
such department or agency shall furnish such information to the 
Commission. 

(3) The Commission may accept, use, and dispose of gifts or 
donations 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 reimbursable basis such administrative support 
services as the Commission may request. 

(h) AUTHORIZATION OF APPROPRIATIONS. (1) There are authorized 
to be appropriated such sums as may be necessary to carry out the 
purposes of this section. 

(2) Notwithstanding any other provision of this section, the 
authority to make payments, or to enter into contracts, under this 
section shall be effective only to such extent, or in such amounts, as 
are provided in advance in appropriations Acts. 



S. 120076 

L) TERMINATION DATE. The Commission shall cease to exist at 
! end of the 63-month period beginning with the month after the 
nth in which this Act is enacted. 
j) DEFINITIONS. In this section: 

(1) The term "employer sanctions" means the provisions of 
section 274 A of the Immigration and Nationality Act. 

(2) The term "legalization program" refers to the provisions of 
section 245 A of the Immigration and Nationality Act. 

(3) The term "seasonal agricultural services" has the meaning 
given such term in section 210(h) of the Immigration and 
Nationality Act. 

(4) The term "special agricultural worker provisions" refers to 
sections 210 and 21 OA of the Immigration and Nationality Act. 

:. 305. ELIGIBILITY OP H-2 AGRICULTURAL WORKERS FOR CERTAIN 
LEGAL ASSISTANCE. 

\L nonimmigrant worker admitted to or permitted to remain in 
i United States under section 101(aX15XHXiiXa) of the Immigra- 
i and Nationality Act (8 U.S.C. 1101(aX15XHXu'Xa)) for agricul- 
al labor or service shall be considered to be an alien described in 
tion 101(aX20) of such Act (8 U.S.C. 1101(aX20)) for purposes of 
ablishing eligibility for legal assistance under the Legal Services 
rporation Act (42 U.S.C. 2996 et seq.), but only with respect to 
al assistance on matters relating to wages, housing, transpor- 
ion, and other employment rights as provided in the worker's 
cific contract under which the nonimmigrant was admitted. 

PAHT B OTHER CHANGES IN THE IMMIGRATION LAW 

3. 311. CHANGE IN COLONIAL QUOTA. 

a) INCREASE TO S.OOO.-KD Section 202(c) (8 U.S.C. 1152(c)) is 
ended by striking out "six hundred" and inserting in lieu thereof 
000". 

2) Section 202(e) (8 U.S.C. 1152(e)) is amended by striking out 
X)" and inserting in lieu thereof "5,000". 

b) EFFECTIVE DATE. The amendments made by subsection (a) 
dl apply to fiscal years beginning after the date of the enactment 
this Act. 

:. 312. G-IV SPECIAL IMMIGRANTS. 

a) SPECIAL IMMIGRANT STATUS FOR CERTAIN OFFICERS AND 
[PLOYEES OF INTERNATIONAL ORGANIZATIONS AND THEIR IMME- 
LTE FAMILY MEMBERS. Section 101(aX27) (8 U.S.C. 1101(aX27)) is 
tended by striking out "or" at the end of subparagraph (G), by 
iking out the period at the end of subparagraph (H) ana inserting 
lieu thereof "; or", and by adding at tne end of the following new 
^paragraph: 

"(D(i) an immigrant who is the unmarried son or daughter of 
an officer or employee, or of a former officer or employee, of an 
international organization described in paragraph (15XGXi), and 
who (I) while maintaining the status of a nonimmigrant under 
paragraph (ISXGXiv) or paragraph (15XN), 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 
seven years between the ages of five and 21 years, and (II) 



S. 1200 77 

applies for admission under this subparagraph no later than his 
twenty-fifth birthday or six months after the date this subpara- 
graph is enacted, whichever is later; 

"(ii) an immigrant who is the surviving spouse of a deceased 
officer or employee of such an international organization, and 
who (I) while maintaining the status of a nonimmigrant under 
paragraph (15XGXiy) or paragraph (15XN), 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 death of such officer or employee, 
and (II) applies for admission under this subparagraph no later 
than six months after the date of such death or six months after 
the date this subparagraph is enacted, whichever is later; 

"(iii) an immigrant who is a retired officer or employee of 
such an international organisation, and who (I) while maintain- 
ing the status of a nonimmigrant under paragraph (ISXGXiv), 
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 
employee's retirement from any such international organiza- 
tion, and (II) applies for admission under this subparagraph 
before January 1, 1993, and no later than six months after the 
date of such retirement or six months after the date this 
subparagraph is enacted, whichever is later; or 

"(iv) an immigrant who is the spouse of a retired officer or 
employee accorded the status of special immigrant under clause 
(iii), accompanying or following to join such retired officer or 
employee as a member of his immediate family.", 
(b) NONIMMIGRANT STATUS FOR CERTAIN PARENTS AND CHILDREN 
OF ALIENS GIVEN SPECIAL IMMIGRANT STATUS. Section 101(aX15) 
(8 U.S.C. 1101(aX15)) is amended by striking out "or" at the end of 
subparagraph (L), by striking out the period at the end of subpara- 
graph (M) and inserting in lieu thereof "; or", and by adding at the 
end the following new paragraph: 

"(NXi) the parent of an alien accorded the status of special 
immigrant under paragraph (27XIXD, but only if and while the 
alien is a child, or 

"(ii) a child of such parent or of an alien accorded the status of 
a special immigrant under clause (ii), (iii), or (iv) of paragraph 
(27X1).". 

SEC. 313. VISA WAIVER PILOT PROGRAM FOR CERTAIN VISITORS. 

(a) ESTABLISHING VISA WAIVER PILOT PROGRAM. Chapter 2 of title 
II, as amended by section 301(c), is further amended by adding after 
section 216 the following new section: 

"VISA WAIVER PILOT PROGRAM FOR CERTAIN VISITORS 

"SEC. 217. (a) ESTABLISHMENT OF PILOT PROGRAM. The Attorney 
General and the Secretary of State are authorized to establish a 
pilot program (hereafter in this section referred to as the 'pilot 
program') under which the requirement of paragraph (26XB) of 
section 212(a) may be waived by the Attorney General and the 



S. 120078 

>tary of State, acting jointly and in accordance with this section, 
ic case of an alien who meets the following requirements: 
"(1) SEEKING ENTRY AS TOURIST FOR 90 DAYS OR LESS. The 
ilien is applying for admission during the pilot program period 
as defined in subsection (e)) as a nonimmigrant visitor (de- 
cribed in section 101(aX15XB)) for a period not exceeding 90 
lays. 

"(2) NATIONAL OF PILOT PROGRAM COUNTRY. The alien is a 
lational of a country which 

"(A) extends (or agrees to extend) reciprocal privileges to 
citizens and nationals of the United States, and 

"(B) is designated as a pilot program country under 
subsection (c). 

"(3) EXECUTES ENTRY CONTROL AND WAIVER FORMS. The alien 
>efore the time of such admission 

"(A) completes such immigration form as the Attorney 
General shall establish under subsection (bX3), and 

"(B) executes a waiver of review and appeal described in 
subsection (bX4). 

"(4) ROUND-TRIP TICKET. The alien has a round-trip, 
lontransferable transportation ticket which 

"(A) is valid for a period of not less than one year, 
"(B) is nonrefundable except in the country in which 
issued or in the country of the alien's nationality or 
residence, 

"(C) is issued by a carrier which has entered into an 
agreement described in subsection (d), and 

"(D) guarantees transport of the alien out of the United 
States at the end of the alien's visit. 

"(5) Nor A SAFETY THREAT. The alien has been determined 
lot to represent a threat to the welfare, health, safety, or 
jecurity of the United States. 

"(6) No PREVIOUS VIOLATION. If the alien previously was 
admitted without a visa under this section, the alien must not 
lave failed to comply with the conditions of any previous 
admission as such a nonimmigrant. 

>) CONDITIONS BEFORE PILOT PROGRAM CAN BE Pur INTO 
LATION. 

"(1) PRIOR NOTICE TO CONGRESS. The pilot program may not 
>e put into operation until the end of the 30<lay period begin- 
ling on the date that the Attorney General submits to the 
I!ongress a certification that the screening and monitoring 
system described in paragraph (2) is operational and effective 
ind that the form described in paragraph (3) has been produced. 
"(2) AUTOMATED DATA ARRIVAL AND DEPARTURE SYSTEM. The 
Attorney General in cooperation with the Secretary of State 
shall develop and establish an automated data arrival and 
departure control system to screen and monitor the arrival into 
ind departure from the United States of nonimmigrant visitors 
receiving a visa waiver under the pilot program. 

"(3) VISA WAIVER INFORMATION FORM. The Attorney General 
shall develop a form for use under the pilot program. Such form 
shall be consistent and compatible with the control system 
developed under paragraph (2). Such form shall provide for, 
among other items 



S. 120079 

"(A) a summary description of the conditions for exclud- 
ing 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 program, including the limitation of such 
entry to 90 days and the consequences of failure to abide by 
such conditions, and 

"(C) questions for the alien to answer concerning any 
previous denial of the alien's application for a visa. 
"(4) WAIVER OF RIGHTS. An alien may not be provided a 
waiver under the pilot program 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 

"(B) to contest, other than on the basis of an application 
for asylum, any action for deportation against the alien. 
"(c) DESIGNATION OF PILOT PROGRAM COUNTRIES. 

"(1) UP TO 8 COUNTRIES. The Attorney General and the 
Secretary of State acting jointly may designate up to eight 
countries as pilot program countries for purposes of the pilot 
program. 

"(2) INITIAL QUALIFICATIONS. For the initial period described 
in paragraph (4), a country may not be designated as a pilot 
program country unless the following requirements are met: 

"(A) LOW NONIMMIGRANT VISA REFUSAL RATE FOR PRE- 
VIOUS 2-YEAR PERIOD. 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 nonimmigrant visitor visas 
for nationals of that country which were granted or refused 
during those years. 

"(B) LOW NONIMMIGRANT VISA REFUSAL RATE FOR EACH OF 

2 PREVIOUS YEARS. The average number of refusals of non- 
immigrant visitor visas for nationals of that country during 
either of such two previous full fiscal years was less than 
2.5 percent of the total number of nonimmigrant visitor 
visas for nationals of that country which were granted or 
refused during that year. 

"(3) CONTINUING AND SUBSEQUENT QUALIFICATIONS. For each 
fiscal year (within the pilot program period) after the initial 
period 

"(A) CONTINUING QUALIFICATION. In the case of a coun- 
try which was a pilot program country in the previous fiscal 
year, a country may not be designated as a pilot program 
country unless the sum of 

(i) the total of the number of nationals of that 
country who were excluded from admission or with- 
drew their application for admission during such pre- 
vious fiscal year as a nonimmigrant visitor, and 

"(ii) the total number of nationals of that country 
who were admitted as nonimmigrant visitors during 
such previous fiscal year and who violated the terms of 
such admission, 

was less than 2 percent of the total number of nationals of 
that country who applied for admission as nonimmigrant 
visitors during such previous fiscal year. 



S. 120080 

"(B) NEW COUNTRIES. In the case of another country, the 
country may not be designated as a pilot program country 
unless the following requirements are met: 

"(i) LOW NONIMMIGRANT VISA REFUSAL RATE IN PRE- 
VIOUS 2-YEAR PERIOD. 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 percent of the total number of non- 
immigrant visitor visas for nationals of that country 
which were granted or refused during those years. 

"(ii) LOW NONIMMIGRANT VISA REFUSAL RATE IN EACH 

OF THE 2 PREVIOUS YEARS. The average number of 
refusals of nonimmigrant visitor visas for nationals of 
that country during either of such two previous full 
fiscal years was less than 2.5 percent of the total 
number of nonimmigrant visitor visas for nationals of 
that country which were granted or refused during 
that year. 

"(4) INITIAL PERIOD. For purposes of paragraphs (2) and (3), 
the term 'initial period' means the period beginning at the end 
of the 30-day period described in subsection (bXD and ending on 
the last day of the first fiscal year which begins after such 
30-day period. 
'(d) CARRIER AGREEMENTS. 

"(1) IN GENERAL. The agreement referred to in subsection 
(aX4XC) is an agreement between a carrier and the Attorney 
General under which the carrier agrees, in consideration of the 
waiver of the visa requirement with respect to a nonimmigrant 
visitor under the pilot program 

"(A) to indemnify the United States against any costs for 
the transportation of the alien from the United States if the 
visitor is refused admission to the United States or remains 
in the United States unlawfully after the 90-day period 
described in subsection (aXIXA), and 

"(B) to submit daily to immigration officers any immigra- 
tion forms received with respect to nonimmigrant visitors 
provided a waiver under the pilot program. 
"(2) TERMINATION OF AGREEMENTS. The Attorney 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) DEFINITION OF PILOT PROGRAM PERIOD. For purposes of this 
:tion, the term 'pilot program period' means the period beginning 
the end of the 30-day period referred to in subsection (bXD and 
ding on the last day of the third fiscal year which begins after 
:h 30-day period.". 

b) LIMITATION ON STAY IN UNITED STATES. Section 214(a) (8 
3.C. 1184(a)) is amended by adding at the end the following new 
itence: "No alien admitted to the United States without a visa 
rsuant to section 217 may be authorized to remain in the United 
ites as a nonimmigrant visitor for a period exceeding 90 days 
m the date of admission.". 

c) PROHIBITION OF ADJUSTMENT TO IMMIGRANT STATUS. Section 
Kc) (8 U.S.C. 1255(c)), as amended by section 312(b), is further 
tended by striking out "or" before "(4)" and by inserting before 
i period at the end the following: "; or (5) an alien (other than an 
mediate relative as defined in section 201(b)) who was admitted as 



S. 120081 

a nonimmigrant visitor without a visa under section 2120) or 
section 217". 

(d) PROHIBITION OF ADJUSTMENT OF NONIMMIGRANT STATUS. Sec- 
tion 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: 

"(4) an alien admitted as a nonimmigrant visitor without a 
visa under section 212(1) or section 217.". 

(e) CONFORMING AMENDMENT TO TABLE OF CONTENTS. 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 for certain visitors.". 

SEC. 314. MAKING VISAS AVAILABLE TO NONPREFERENCE 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 subject to the numerical 
limitations in section 202 of such Act, there shall be made available 
to qualified immigrants described in section 203(aX7) of such Act 
5,000 visa numbers in each of fiscal years 1987 and 1988. 

(b) DISTRIBUTION OF VISA NUMBERS. The Secretary of State shall 
provide for making visa numbers provided under subsection (a) 
available in the same manner as visa numbers are otherwise made 
available to qualified immigrants under section 203(aX7) of the 
Immigration and Nationality Act, except that 

(1) the Secretary shall first make such visa numbers available 
to qualified immigrants who are natives of foreign states the 
immigration of whose natives to the United States was adversely 
affected by the enactment of Public Law 89-236, and 

(2) within groups of qualified immigrants, such visa numbers 
shall be made available strictly in the chronological order in 
which they qualify after the date of the enactment of this Act 

(c) WAIVER OF LABOR CERTIFICATION. Section 212(aX14) of the 
Immigration and Nationality Act (8 U.S.C. 1182(aX14)) shall not 
apply in the determination of an immigrant's eligibility to receive 
any visa made available under this section or in the admission of 
such an immigrant issued such a visa under this section. 

(d) APPLICATION OF DEFINITIONS OF IMMIGRATION AND NATIONALITY 
ACT. Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration 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 Attorney General in 
the administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. 

SEC. 315. MISCELLANEOUS PROVISIONS. 

(a) EQUAL TREATMENT OF FATHERS. Section 101(bXlXD) (8 U.S.C. 
1101(bXlXD)) 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 CERTAIN 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: 



S. 1200-82 

'(3) An alien shall not be considered to have failed to maintain 
itinuous physical presence in the United States under paragraphs 
and (2) of subsection (a) if the absence from the United States was 
ef, casual, and innocent and did not meaningfully interrupt the 
itinuous physical presence.". 

c) SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN POLJTI- 
L PRISONERS. It is the sense of the Congress that the Secretary of 
ite should provide for the issuance of visas to nationals of Cuba 
o are or were imprisoned in Cuba for political activities without 
fard to section 243(g) of the Immigration and Nationality Act (8 
3.C. 1253(g)). 

d) DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASES OF 
IIKES. (1) Except as provided in paragraph (2), during the one- 
ir period beginning on the date of the enactment of this Act, an 
en may not be admitted to the United States as an alien crewman 
ider section 101(aX15XD) of the Immigration and Nationality Act, 
J.S.C. 1101(aX15XD)) for the purpose of performing service on 
ird a vessel or aircraft at a time when there is a strike in the 
gaining unit of the employer in which the alien intends to 
form such service. 

2) Paragraph (1) shall not apply to an alien employee who was 
ployed before the date of the strike concerned and who is seeking 
nission to enter the United States to continue to perform services 
a crewman to the same extent and on the same routes as the 
en performed such services before the date of the strike. 

TITLE IV REPORTS TO CONGRESS 

:. 401. TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRATION. 

a) TRIENNIAL REPORT. The President shall transmit to the Con- 
88, not later than January 1, 1989, and not later than January 1 
every third year thereafter, a comprehensive immigration-impact 
K>rt. 

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 nonimmigrants), paroled, 
or granted 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 admissions and other entries 
of immigrants, refugees, asylees, and parolees into the United 
States during the period on the economy, labor and housing 
markets, the educational system, social services, foreign policy, 
environmental quality and resources, the rate, size, and dis- 
tribution of population growth in the United States, and the 
impact on specific States and local units of government of high 
rates of immigration resettlement. 

c) HISTORY AND PROJECTIONS. The information (referred to in 
>section (b)) contained 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 substantiated by the best available evi- 
dence. 



S. 120083 

(d) RECOMMENDATIONS. The President also may include in such 
report any appropriate recommendations on changes in numerical 
limitations or other policies under title II of the Immigration and 
Nationality Act bearing on the admission and entry of such aliens to 
the United States. 

SEC. 402. REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT. 

The President shall transmit to Congress annual reports on the 
implementation of section 274A of the Immigration and Nationality 
Act (relating to unlawful employment of aliens) during the first 
three years after its implementation. Each report shall include 

(1) an analysis of the adequacy of the employment verification 
system provided under subsection (b) of that section; 

(2) a description of the status of the development and im- 
plementation of changes in that system under subsection (d) of 
that section, including the results of any demonstration projects 
conducted under paragraph (4) of such subsection; and 

(3) an analysis of the impact of the enforcement 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 maintain legal status after entry, 
and 

(C) the violation of terms and conditions of nonimmigrant 
visas by foreign visitors. 

SEC. 403. REPORTS ON H-2A PROGRAM. 

(a) PRESIDENTIAL REPORTS. The President shall transmit to the 
Committees on the Judiciary of the Senate and of the House of 
Representatives reports on the implementation of the temporary 
agricultural worker (H-2A) program, which shall include 

(1) the number of foreign workers permitted to be employed 
under the program in each year; 

(2) the compliance of employers and foreign workers with the 
terms and conditions of the program; 

(3) the impact of the program on the labor needs of the United 
States agricultural employers and on the wages and working 
conditions of United States agricultural workers; and 

(4) recommendations for modifications of the program, in- 
cluding 

(A) improving the timeliness of decisions regarding 
admission of temporary foreign workers under the pro- 
gram, 

(B) removing any economic disincentives to hiring United 
States citizens or permanent resident aliens for jobs for 
which temporary foreign workers have been requested, 

(C) improving cooperation among government agencies, 
employers, employer associations, workers, unions, and 
other worker associations to end the dependence of any 
industry on a constant supply of temporary foreign 
workers, and 

(D) the relative benefits to domestic workers and burdens 
upon employers of a policy which requires employers, as a 
condition for certification under the program, to continue 



S. 120084 

to accept qualified United States workers for employment 
after the date the H-2A workers depart for work with the 
employer. 

ic recommendations under subparagraph (D) shall be made in 
rtherance of the congressional policy that aliens not be admitted 
ider the H-2A program unless there are not sufficient workers in 
e United States who are able, willing, and qualified to perform the 
bor or services needed and that the employment of the alien in 
ch labor or services will not adversely affect the wages and 
>rking conditions of workers in the United States similarly 
iployed. 

(D) DEADLINES. A report on the H-2A temporary worker program 
ider subsection (a) shall be submitted not later than two years 
ter the date of the enactment of this Act, and every two years 
ereafter. 

C. 404. REPORTS ON LEGALIZATION PROGRAM. 

(a) IN GENERAL. The President shall transmit to Congress two 
ports on the legalization program established under section 245A 
the Immigration and Nationality Act. 

(b) INITIAL REPORT DESCRIBING LEGALIZED ALIENS. The first 
port, which shall be transmitted not later than 18 months after 
e end of the application period for adjustment to lawful temporary 
sidence status under the program, shall include a description of 
e population whose status is legalized under the program, 
eluding 

(1) geographical origins and manner of entry of these aliens 
into the United States, 

(2) their demographic characteristics, and 

(3) a general profile and characteristics. 

(c) SECOND REPORT ON IMPACT OF LEGALIZATION PROGRAM. The 
cond report, which shall be transmitted not later than three years 
ter the date of transmitted of the first report, shall include a 
iscription of 

(1) 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 legalized population, 
and 

(3) the participation of legalized aliens in social service 
programs. 

1C. 405. REPORT ON VISA WAIVER PILOT PROGRAM. 

(a) MONITORING AND REPORT ON THE PILOT PROGRAM. The Attor- 
sy General and the Secretary of State shall jointly monitor the pilot 
ogram established under section 217 of the Immigration and 
ationality Act and shall report to the Congress not later than two 
jars after the beginning of the program. 

(b) DETAILS IN REPORT. The report shall include 

(1) an evaluation of the program, including its impact 

(A) on the control of alien visitors to the United States, 

(B) on consular operations in the countries designated 
under the program, as well as on consular operations in 
other countries in which additional consular personnel 
have been relocated as a result of the implementation of the 
program, and 

(U) on the United States tourism industry; and 



S. 1200 85 

(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 NATURALIZATION 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 re- 
quired to carry out the amendments made by this Act. 

SEC. 407. SENSE OF THE CONGRESS. 

It is the sense of the Congress that the President of the United 
States should consult with the President of the Republic of Mexico 
within 90 days after enactment of this Act regarding the im- 
plementation 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 tnat may be necessary as a result of the 
consultation and the enactment of this legislation. 

TITLE V STATE ASSISTANCE FOR INCARCERATION COSTS 
OF ILLEGAL ALIENS AND CERTAIN CUBAN NATIONALS 

SEC. 501. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING 
ILLEGAL ALIENS AND CERTAIN CUBAN NATIONALS. 

(a) REIMBURSEMENT OF STATES. Subject to the amounts provided 
in advance in appropriation Acts, the Attorney General shall re- 
imburse a State for trie costs incurred by the State for the imprison- 
ment of any illegal alien or Cuban national who is convicted of a 
felony by such State. 

(b) ILLEGAL ALIENS CONVICTED OF A FELONY. An illegal alien 
referred to in subsection (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 with- 
out inspection, or 

(2) whose most recent admission to the United States was as a 
nonimmigrant and 

(A) whose period of authorized stay as a nonimmigrant 
expired, or 

(B) whose unlawful status was known to the Government, 
before the date of the commission of the crime for which the 
alien is convicted. 

(c) MARIELITO CUBANS CONVICTED OF A FELONY. -A Marielito 
Cuban convicted of a felony referred to in subsection (a) is a national 
of Cuba who 

(1) was allowed by the Attorney General to come to the 
United States in 1980, 

(2) after such arrival committed any violation 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 lawfully admitted to the United States 

(A) for permanent or temporary residence, or 



S. 120086 

(B) under the terms of an immigrant visa or a non- 
immigrant visa issued, 
under the laws of the United States. 

(d) AUTHORIZATION OF APPROPRIATION. There are authorized to 
>e appropriated such sums as are necessary to carry out the pur- 
x>ses of this section. 

(e) STATE DEFINED. The term "State" has the meaning given such 
rm in section 101(aX36) of the Immigration and Nationality Act 
8 U.S.C. 1101(aX36)). 

PITLE VI-COMMISSION FOR THE STUDY OF INTERNATION- 
AL MIGRATION AND COOPERATIVE ECONOMIC DEVELOP- 
MENT 

5EC. 601. COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION 
AND COOPERATIVE ECONOMIC DEVELOPMENT. 

(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION. (1) There is 
jstablished a Commission for the Study of International Migration 
ind Cooperative Economic Development (in this section referred to 
is the "Commission"), to be composed of twelve members 

(A) three members to be appointed by the Speaker of the 
House of Representatives; 

(B) three members to be appointed by the Minority Leader 
of the House of Representatives; 

(C) three members to be appointed by the Majority Leader of 
the Senate; and 

(D) three members to be appointed by the Minority Leader of 
the Senate. 

(2) Members shall be appointed for the life of the Commission. 
\ppointments to the Commission shall be made within 90 days after 
ihe date of the enactment of this Act. A vacancy in the Commission 
jhall be filled in the manner in which the original appointment was 
nade. 

(3) A majority of the members of the Commission shall elect a 
Chairman. 

(b) DUTY OF COMMISSION. The Commission, in consultation with 
the governments of Mexico and other sending countries in the 
Western Hemisphere, shall examine the conditions in Mexico and 
such other sending countries which contribute to unauthorized 
migration to the United States and mutually beneficial, reciprocal 
trade and investment programs to alleviate such conditions. For 
purposes of this section, the term "sending country" means a foreign 
country a substantial number of whose nationals migrate to, or 
remain in, the United States without authorization. 

(c) REPORT TO THE PRESIDENT AND CONGRESS. Not later than three 
years after the appointment of the members of the Commission, the 
Commission shall prepare and transmit to the President and to the 
Congress a report describing the results of the Commission's exam- 
ination and recommending steps to provide mutually beneficial 
reciprocal trade and investment programs to alleviate conditions 
leading to unauthorized migration to the United States. 

(d) COMPENSATION OF MEMBERS, MEETINGS, STAFF, AUTHORITY OF 
COMMISSION, AND AUTHORIZATION OF APPROPRIATIONS. <1) The 
provisions of subsections (d), (eX3), (f), (g), and (h) of section 304 shall 
apply to the Commission in the same manner as they apply to the 
Commission established under section 304. 



S. 1200 87 

(2) Seven members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings. 

(e) TERMINATION DATE. The Commission shall terminate on the 
date on which a report is required to be transmitted by subsection 
(c), except that the Commission may continue to function for not 
more than thirty days thereafter for the purpose of concluding its 
activities. 

TITLE VII FEDERAL RESPONSIBILITY FOR DEPORTABLE 
AND EXCLUDABLE ALIENS CONVICTED OF CRIMES 

SEC. 701. EXPEDITIOUS DEPORTATION OF CONVICTED ALIENS. 

Section 242 (8 U.S.C. 1254) is amended by adding at the end the 
following new subsection: 

"(i) In the case of an alien who is convicted of an offense which 
makes the alien subject to deportation, the Attorney General shall 
begin any deportation proceeding as expeditiously as possible after 
the date of the conviction.". 

SEC. 702. IDENTIFICATION OF FACILITIES TO INCARCERATE DEPORTABLE 
OR EXCLUDABLE ALIENS. 

The President shall require the Secretary of Defense, in coopera- 
tion with the Attorney General and by not later than 60 days after 
the date of the enactment of this Act, to provide to the Attorney 
General a list of facilities of the Department of Defense that could 
be made available to the Bureau of Prisons for use in incarcerating 
aliens who are subject to exclusion or deportation from the United 
States. 



Speaker of the House of Representatives. 



Vice President of the United States and 

President of the Senate. 
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