IMMIGRATION REFORM AND CONTROL ACT OF 1986
Public Law 99–603
Public Law 100–202
Public Law 100–525
Public Law 101–166
Public Law 101–238
Public Law 101–517
Public Law 101–649
IMMIGRATION REFORM AND CONTROL ACT OF 1986
603202525166238517649
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Immigration Reform and Control Act of 1986
10559
99
1986-11-06
IMMIGRATION REFORM AND CONTROL ACT OF 1986
[(Public Law 99–603, Nov. 6, 1986; as amended by the Department of Justice Appropriations Act, 1988 (Pub. L. 100–202), the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525), Department of Health and Human Services Appropriations Act, 1990 (Pub. L. 101–166), the Immigration Nursing Relief Act of 1989 (Pub. L. 101–238), the Department of Health and Human Services Appropriations Act, 1991 (Pub. L. 101–517), and the Immigration Act of 1990 (Pub. L. 101–649))]
[Currency: This publication is a compilation of the text of Public Law 99–603. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
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.
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 additional special agricultural workers.
Sec. 304.
Commission on Agricultural Workers.
Sec. 305.
Eligibility of H–2 agricultural workers for certain legal assistance.
Part B—
Other Changes in the Immigration Law
Sec. 311.
Change in colonial quota.
Sec. 312.
G–IV special immigrants.
Sec. 313.
Visa waiver pilot program for certain visitors.
Sec. 314.
Making visas available for nonpreference immigrants.
Sec. 315.
Miscellaneous provisions.
TITLE IV—
REPORTS TO CONGRESS
Sec. 401.
Triennial comprehensive report on immigration.
Sec. 402.
Reports on unauthorized alien employment.
Sec. 403.
Reports on H–2A program.
Sec. 404.
Reports on legalization program.
Sec. 405.
Report on visa waiver pilot program.
Sec. 406.
Report on Immigration and Naturalization Service.
Sec. 407.
Sense of the Congress.
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.
TITLE VI—
COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT
Sec. 601.
Commission for the Study of International Migration and Cooperative Economic Development.
TITLE VII—
FEDERAL RESPONSIBILITY FOR DEPORTABLE AND EXCLUDABLE ALIENS CONVICTED OF CRIMES
Sec. 701.
Expeditious deportation of convicted aliens.
Sec. 702.
Identification of facilities to incarcerate deportable or excludable aliens.
TITLE I—

CONTROL OF ILLEGAL IMMIGRATION
Part A—

Employment
SEC. 101.

CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS.
(a)

In General.—
(1)

New provision.—
[Omitted; inserted section 274A; technical corrections made to this section by §2(a)(1) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2609).]
(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(a)(1) 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(a)(2) 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 Agricultural Worker Protection Act.—
(1)
[Omitted; miscellaneous amendments to Migrant and Seasonal Agriculture Worker Protection Act (Pub. L. 97–470); see Appendix VII.C.]
(2)
The amendments made by paragraph (1) shall apply to the employment, recruitment, referral, or utilization of the services of an individual occurring on or after the first day of the seventh month beginning after the date of the enactment of this Act; except that if the provisions of section 274A of the Immigration and Nationality Act are terminated as of a date under subsection (l) of that section, then such amendments shall no longer apply as of such date.
(c)

Conforming Amendment to Table of Contents.—
[Omitted]
(d)

Study on the Use of a Telephone Verification System for Determining Employment Eligibility of Aliens.—
(1)
The Attorney 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 eligibility of aliens in the United States. Such study shall concentrate on those data bases that are currently available to the Federal Government which through the use of a telephone and computation capability could be used to verify instantly the employment eligibility 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, back up safeguards, and audit trail performance.
(3)
Such study shall also concentrate on methods of phone verification 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 out 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 recommendations 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 manufacturing industries), shall inquire into technological alternatives for producing and issuing social security account number cards that are more resistant to counterfeiting than social security account number cards being issued on the date of enactment of this Act by the Social Security Administration, including the use of encoded magnetic, optical, or active electronic media such as magnetic stripes, holograms, and integrated circuit chips. Such inquiry should focus on technologies that will help ensure the authenticity of the card, rather than the identity of the bearer.
(2)
The Comptroller General of the United States shall explore additional actions that could be taken to reduce the potential for fraudulently obtaining and using social security account number cards.
(3)
Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and transmit to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and the Committee on the Judiciary and the Committee on Finance of the Senate a report setting forth his findings and recommendations under this subsection.
SEC. 102.

UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a)

In General.—
[Omitted; inserted section 274B.]
(b)

No Effect on EEOC Authority.—
Except as may be specifically provided in this section, nothing in this section shall be construed to restrict the authority of the Equal Employment Opportunity Commission to investigate allegations, in writing and under oath or affirmation, of unlawful employment practices, as provided in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5), or any other authority provided therein.
(c)

Clerical Amendment.—
[omitted]
SEC. 103.

FRAUD AND MISUSE OF CERTAIN IMMIGRATION-RELATED DOCUMENTS.
[Omitted; amended §1546 of title 18, U.S. Code, relating to fraud and misuse of visas, permits, and other documents. For text, see Appendix I.]
Part B—

Improvement of Enforcement and Services
SEC. 111.

AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND SERVICE ACTIVITIES OF THE IMMIGRATION AND NATURALIZATION SERVICE.
(a)

Two Essential Elements.—
It is the sense of Congress that two essential elements of the program of immigration control established 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 appropriate 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 appropriated, 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 appropriated to the Department of Justice for the Immigration and Naturalization Service, the Attorney General shall provide for improved 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 task forces to improve 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 enforcement activities of the Wage and Hour Division and the Office of Federal Contract Compliance Programs within the Employment Standards Administration of the Department in order to deter the employment of unauthorized aliens and remove the economic incentive for employers to exploit and use such aliens.
SEC. 112.

UNLAWFUL TRANSPORTATION OF ALIENS TO THE UNITED STATES.
(a)

Criminal Penalties.—
[Omitted; amended subsection (a) of section 274.]
(b)

Miscellaneous Amendments to Seizure and Forfeiture Procedures.—
[Omitted; amended subsection (b) of section 274.]
SEC. 113.

IMMIGRATION EMERGENCY FUND.
[Omitted; added subsection (b) to §404.]
SEC. 114.

LIABILITY OF OWNERS AND OPERATORS OF INTERNATIONAL BRIDGES AND TOLL ROADS TO PREVENT THE UNAUTHORIZED LANDING OF ALIENS.
[Omitted; added subsection (c) to §271.]
SEC. 115.

ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED STATES.
It 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.
SEC. 116.

RESTRICTING WARRANTLESS ENTRY IN THE CASE OF OUTDOOR AGRICULTURAL OPERATIONS.
[Omitted; added a subsection (e) to §287, as amended by §2(e) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525).]
SEC. 117.

RESTRICTIONS ON ADJUSTMENT OF STATUS.
[Omitted; amended section 245(c)(2).]
Part C—

Verification of Status Under Certain Programs
SEC. 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.—
[Amended section 1137 of the Social Security Act (42 U.S.C. 1320b–7) by adding subsections (d) and (e). For such section, as amended, see Appendix II.B.2.]
(2)

Under housing assistance programs.—
[Added subsections (d) and (e) to section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). For such section 214, as amended, see Appendix II.B.2.]
(3)

Under title iv educational assistance.—
[Added subsections (c), (d), and (e) to section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091). For such subsections, as amended, see Appendix II.B.2.]
(b)

Providing 100 Percent Reimbursement for Costs of Implementation and Operation.—
(1)

Under afdc program.—
Section 403(a)(3) 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 1137(d),”
.
(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 verification 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 described in section 1137(d)”.
(4)

Under certain territorial assistance programs.—
Sections 3(a)(4), 1003(a)(3), 1403(a)(3), and 1603(a)(4) 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 inserting 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)1
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 verification system described in section 1137(d) of the Social Security Act.''.
^1
This subsection was redesignated as subsection (j) by §321(c) of Pub. L. 100–435.”
(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 housing 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 education 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 1, 1987.—
The Commissioner of Immigration and Naturalization Service shall implement a system for the verification of immigration status under paragraphs (3) and (4)(B)(i) of section 1137(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 (noncriminal) immigration enforcement purposes 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 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 (D)(i)), 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 otherwise 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 (D)(i) until after the date of receipt of such report with respect to the program.
(B)

Waiver in certain cases.—
If, with respect to a covered 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 (d)(1) and information contained in such an application), that—
(i)
the appropriate Secretary or the administering entity has in effect an alternative system of immigration status verification which—
(I)
is as effective and timely as the system otherwise 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 otherwise required under such amendments exceed the estimated savings,
such Secretary may waive the application of such amendments to the covered program to the extent (by State or other geographic area or otherwise) that such determinations apply.
(C)

Basis for determination.—
A determination under subparagraph (B)(ii) 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 verification program, and
(iii)
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 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 (i)(IV), the Secretary of Labor;
(III)
clause (i)(V), the Secretary of Agriculture;
(IV)
clause (i)(VI), the Secretary of Housing and Urban Development; and
(V)
clause (i)(VII), 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 (i)(VI), 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 (i)(VII), an institution of higher education 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 any problems with the implementation of such projects, particularly as they may apply to implementation of the system referred to in subsection (c)(1).
(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 (c)(4)(D)(ii), 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
SEC. 201.

LEGALIZATION OF STATUS.
(a)

Providing for Legalization Program.—
(1)
[Omitted; inserted section 245A.]
(2)
[Omitted; table of contents amendment.]
(b)

Conforming Amendments.—
[Omitted; conforming amendments to sections 402, 472(a), and 473(a)(1) of the Social Security Act.]
(c)

Miscellaneous Provisions.—
(1)

Procedures for property acquisition or leasing.—
Notwithstanding 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 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 pay and 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.
SEC. 202.

CUBAN-HAITIAN ADJUSTMENT.
(a)

Adjustment of Status.—
The status of any alien described in subsection (b) may be adjusted by the Attorney General, in the Attorney General's discretion and under such regulations as the Attorney General may prescribe, to that of an alien lawfully admitted 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 and the Attorney General may, in his discretion, waive the ground for exclusion specified in paragraph (19) of such section;
(3)
the alien is not an alien described in section 243(h)(2) 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.
(b)

Aliens Eligible for Adjustment of Status.—
The benefits provided 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 enactment 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 Naturalization Service before January 1, 1982) was not admitted to the United States as a nonimmigrant.
(c)

No Affect on Fascell-Stone Benefits.—
An alien who, as of the date of the enactment of this Act, is a Cuban and Haitian entrant for the purpose of section 501 of Public Law 96–422 shall continue to be considered such an entrant for such purpose without regard to any adjustment of status effected under this section.
(d)

Record of Permanent Residence as of January 1, 1982.—
Upon approval of an alien's application for adjustment of status 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 Provisions.—
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.—
[Omitted; amended section 249.]
(b)

Conforming Amendment to Table of Contents.—
[Omitted.]
(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.

REPEALED BY P.L. 105-220 (112 Stat. 1058).
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.—
[Omitted; amended §101(a)(15)(H)(ii).]
(b)

Involvement of Departments of Labor and Agriculture in H–2A Program.—
[Omitted; added a sentence at the end of §214(c).]
(c)

Admission of H–2A Workers.—
[Omitted; added §218, as redesignated by §2(l)(2) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2612).]
(d)

Effective Date.—
The amendments made by this section apply to petitions and applications filed under sections 214(c) and 218 of the Immigration and Nationality Act on or after the first day of the seventh month beginning after the date of the enactment of this Act (hereinafter in this section referred to as the “effective date”).
(e)

Regulations.—
The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act. Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date.
(f)

Sense of Congress Respecting Consultation with Mexico.—
It is the sense of Congress that the President should establish an advisory commission which shall consult with the Governments of Mexico and of other appropriate countries and advise the Attorney General regarding the operation of the alien temporary worker program established under section 218 of the Immigration and Nationality Act.
(g)

Conforming Amendment to Table of Contents.—
[Omitted.]
SEC. 302.

LAWFUL RESIDENCE FOR CERTAIN SPECIAL AGRICULTURAL WORKERS.
(a)

In General.—
[Omitted; added §210.]
(2)
[Omitted; conforming amendment to table of contents.]
(b)

Conforming Amendments.—
[Omitted; conforming amendments to Sections 402(f) and 472(a) of the Social Security Act.]
SEC. 303.

DETERMINATIONS OF AGRICULTURAL LABOR SHORTAGES AND ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS.
(a)

In General.—
[Omitted; added §210A.]
(b)

Deportation of Certain Workers Who Fail to Perform Seasonal Agricultural Services.—
[Omitted; added paragraph (20) to §241(a).]
(c)2

Clerical Amendment.—
[Omitted; conforming amendment to table of contents.]
^2
Subsection (c), relating to application of certain State assistance provisions of §204 of the Immigration Reform and Control Act of 1986 to aliens lawfully admitted for permanent or temporary residence under §210 or 210A of the Immigration and Nationality Act, was stricken by §2(n)(3) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2613); it formerly read as follows:
(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 beginning on the date the alien was first granted permanent or temporary resident status.
(e)

Conforming Amendments.—
[Omitted; amended sections 402(f) and 472(a) of the Social Security Act.]
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 be appointed by the Speaker of the House of Representatives, and
(C)
three to be appointed by the President pro tempore of the Senate.
(2)
In making appointments under paragraph (1)(A), the President shall consult—
(A)
with the Attorney General in appointing two members,
(B)
with the Secretary of Labor in appointing two members, and
(C)
with the Secretary of Agriculture in appointing two members.
(3)
A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(4)
Members shall be appointed to serve for the life of the Commission.
(b)

Functions of Commission.—
(1)
The Commission shall review the following:
(A)
The impact of the special agricultural worker provisions on the wages and working conditions of domestic farmworkers, on the adequacy of the supply of agricultural labor, and on the ability of agricultural workers to organize.
(B)
The extent to which aliens who have obtained lawful permanent or temporary resident status under the special agricultural worker provisions continue to perform seasonal agricultural services and the requirement that aliens who become special agricultural workers under section 210A of the Immigration and Nationality Act perform 90 man-days of seasonal agricultural services for certain periods in order to avoid deportation or to become naturalized.
(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 the 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 employers in securing labor are related to the lack of modern labor-management techniques in agriculture.
(H)
Whether certain geographic regions need special programs or provisions to meet their unique needs for agricultural labor.
(I)
Impact of the special agricultural worker provisions on the ability of crops harvested in the United States to compete in international markets.
(2)
The Commission shall conduct an overall evaluation of the special agricultural worker provisions, including the process for determining whether or not an agricultural labor shortage exists.
(c)

Report to Congress.—
The Commission shall report to the Congress not later than six3 years after the date of the enactment of this Act on its reviews under subsection (b). The Commission shall include in its report recommendations for appropriate changes that should be made in the special agricultural worker provisions.
^3
§704(a) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5086) substituted six years for five years in subsection (c) and 75 months for 63 months in subsection (i).
(d)

Compensation of Members.—
(1)
Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18 of the General Schedule4 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.
^4
Under §101(c)(1)(A)(i) of the Treasury, Postal Service and General Government Appropriations Act, 1991 (P.L. 101–509, 105 Stat. 1442, Nov. 5, 1990), the reference in this section to the rate of pay in effect for grade GS–18 of the General Schedule is considered a reference to the maximum rate payable under section 5376 of title 5, United States Code, as amended by section 102(a) of that Act.
(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 Commission shall constitute a quorum, but a lesser number may hold hearings.
(2)
The Chairman and the Vice Chairman of the Commission shall be elected by the members of the Commission for the life of the Commission.
(3)
The Commission shall meet at the call of the Chairman or a majority of its 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 necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service.5 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.
^5
§704(b) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5086) substituted “and compensation and other conditions of service in the civil service” for “competitive service”. This was corrected by the amendment made by §308(b) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1757.
(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 Schedule4.
(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.
(i)

Termination Date.—
The Commission shall cease to exist at the end of the 75-month3 period beginning with the month after the month in which this Act is enacted.
(j)

Definitions.—
In this section:
(1)
The term “employer sanctions” means the provisions of section 274A of the Immigration and Nationality Act.
(2)
The term “legalization program” refers to the provisions of section 245A 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 210A of the Immigration and Nationality Act.
SEC. 305.

ELIGIBILITY OF H–2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL ASSISTANCE.
A nonimmigrant worker admitted to or permitted to remain in the United States under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural labor or service shall be considered to be an alien described in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes of establishing eligibility for legal assistance under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.), but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker's specific contract under which the nonimmigrant was admitted.
part B—

Other Changes in the Immigration Law
SEC. 311.

CHANGE IN COLONIAL QUOTA.
(a)

Increase to 5,000.—
[Omitted; amended subsections (c) and (e) of section 202.]
(b)

Effective Date.—
The amendments made by subsection (a) shall apply to fiscal years beginning after the date of the enactment of this Act.
SEC. 312.

G–IV SPECIAL IMMIGRANTS.
(a)

Special Immigrant Status for Certain Officers and Employees of International Organizations and Their Immediate Family Members.—
[Omitted; added subparagraph (I) to §101(a)(27).]
(b)

Nonimmigrant Status for Certain Parents and Children of Aliens Given Special Immigrant Status.—
[Omitted; added subparagraph (N) to §101(a)(15).]
SEC. 313.

VISA WAIVER PILOT PROGRAM FOR CERTAIN VISITORS.
(a)

Establishing Visa Waiver Pilot Program.—
[Omitted; added §217.]
(b)

Limitation on Stay in United States.—
[Omitted; added sentence at end of §214(a).]
(c)

Prohibition of Adjustment to Immigrant Status.—
[Omitted; added clause (4) at end of §245(c).]
(d)

Prohibition of Adjustment of Nonimmigrant Status.—
[Omitted; as amended by §2(p)(3)(B) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2613), added paragraph (4) at end of §248.]
(e)

Conforming Amendment to Table of Contents.—
[Omitted.]
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(a)(7) of such Act 5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,0006 visas in each of fiscal years 1989 and 1990.
^6
Subsection (a) of §2 of the Immigration Amendments of 1988 (Pub. L. 100–658, Nov. 15, 1988) provided additional visas for fiscal years 1989 and 1990. Subsection (b) of that section provides as follows:
(b) Administration.—In carrying out the amendment made by subsection (a), the Secretary of State shall continue to use the list of qualified immigrants established under section 314 of the Immigration Reform and Control Act of 1986 before the date of the enactment of this Act, and may continue to carry out such section under the regulations in effect (as of the date of July 1, 1988) under part 43 of title 22 of the Code of Federal Regulations.
(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(a)(7) 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 89–236,7 and
^7
The Department of State used the following definition for the determination of “adversely affected” areas: Foreign chargeability areas whose average annual rate of immigration to the United States during the period from July 1, 1966 to September 30, 1985 (i.e., during the full fiscal years after enactment of P.L. 89–236) was less than their average annual rate of immigration to the United States during the period from July 1, 1953 to June 30, 1965 (i.e., the full fiscal years between enactment of the INA in 1952 and P.L. 89–236 in 1965). A foreign state's average annual rate of immigration during these periods was determined by totalling the number of natives of the foreign state who were admitted to the United States for permanent residence (as reflected in annual figures of immigrants reported by the Immigration and Naturalization Service for each such period) and dividing each total by the number of fiscal years in the period; for purposes of these calculations each dependent area of a foreign state was considered separately from the governing country.
The following chargeability areas were identified as “adversely affected” for purposes of implementing this section: Albania, Algeria, Argentina, Austria, Belgium, Bermuda, Canada, Czechoslovakia, Denmark, Estonia, Finland, France, German Democratic Republic, Federal Republic of Germany, Gibraltar, Great Britain and Northern Ireland, Guadeloupe, Hungary, Iceland, Indonesia, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, New Caledonia, Netherlands, Norway, Poland, San Marino, Sweden, Switzerland, and Tunisia.
(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(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)) 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(b)(1)(D) (8 U.S.C. 1101(b)(1)(D)) 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”.8
^8
Note that §210(a) of Pub. L. 100–459 (102 Stat. 2203) amended §101(b)(2) of the INA; the change was made permanent by §611(a) of the Department of Justice Appropriations Act, 1990 (P.L. 101–162, 103 Stat. 1038–1039); see footnote 35 to such section.
(b)

Suspension of Deportation for Certain Aliens.—
[Omitted; added a paragraph (2) at the end of §244(b).]
(c)

Sense of Congress Respecting Treatment of Cuban Political Prisoners.—
It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).
(d)

Denial of Crew Member Nonimmigrant Visa in Cases of Strikes.—
(1)
Except as provided in paragraph (2), during the one-year period beginning on the date of the enactment of this Act, an alien may not be admitted to the United States as an alien crewman (under section 101(a)(15)(D) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of performing service on board a vessel or aircraft at a time when there is a strike in the bargaining unit of the employer in which the alien intends to perform such service.
(2)
Paragraph (1) shall not apply to an alien employee who was employed before the date of the strike concerned and who is seeking admission to enter the United States to continue to perform services as a crewman to the same extent and on the same routes as the alien performed such services before the date of the strike.
(e)
The amendment made by subsection (b)(1) shall apply to applications submitted under section 244 of the Immigration and Nationality Act before, on, or after the date of the enactment of this Act; but shall not apply to aliens removed from the United States before the date of the enactment of this Act.
TITLE IV—

REPORTS TO CONGRESS
SEC. 401.

TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRATION.
(a)

Triennial Report.—
The President shall transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report.
(b)

Details in Each Report.—
Each report shall include—
(1)
the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as 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 deportable 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 distribution 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 subsection (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 evidence.
(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 implementation 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, including—
(A)
improving the timeliness of decisions regarding admission of temporary foreign workers under the program,
(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 to accept qualified United States workers for employment after the date the H–2A workers depart for work with the employer.
The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H–2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(b)

Deadlines.—
A report on the H–2A temporary worker program under subsection (a) shall be submitted not later than two years after the date of the enactment of this Act, and every two years thereafter.
SEC. 404.

REPORTS ON LEGALIZATION PROGRAM.
(a)

In General.—
The President shall transmit to Congress two reports on the legalization program established under section 245A of the Immigration and Nationality Act.
(b)

Initial Report Describing Legalized Aliens.—
The first report, which shall be transmitted not later than 18 months after the end of the application period for adjustment to lawful temporary residence status under the program, shall include a description of the population whose status is legalized under the program, including—
(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 second report, which shall be transmitted not later than three years after the date of transmittal of the first report, shall include a description 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.
SEC. 405.

REPORT ON VISA WAIVER PILOT PROGRAM.
(a)

Monitoring and Report on the Pilot Program.—
The Attorney General and the Secretary of State shall jointly monitor the pilot program established under section 217 of the Immigration and Nationality Act and shall report to the Congress not later than two years after the beginning of the program.
(b)

Details in Report.—
The report shall include—
(1)
an evaluation of the program, 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
(C)
on the United States tourism industry; and
(2)
recommendations—
(A)
on extending the pilot program period, and
(B)
on increasing the number of countries that may be designated under the program.
SEC. 406.

REPORT ON IMMIGRATION AND 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 required 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 implementation of this Act and its possible effect on the United States or Mexico. After the consultation, it is the sense of the Congress that the President should report to the Congress any legislative or administrative changes that may be 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 reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State.
(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 without 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
(B)
under the terms of an immigrant visa or a nonimmigrant visa issued,
under the laws of the United States.
(d)

Authorization of Appropriation.—
There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
(e)

State Defined.—
The term “State” has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
TITLE VI—

COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT
SEC. 601.

COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT.
(a)

Establishment and Composition of Commission.—
(1)
There is established a Commission for the Study of International Migration and Cooperative Economic Development (in this section referred to as the “Commission”), to be composed of twelve members—
(A)
three members to be appointed by Speaker of the House of Representatives;
(B)
three members to be appointed by the Minority Leader of the House of 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. Appointments to the Commission shall be made within 90 days after the date of the enactment of this Act. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(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 examination 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), (e)(3), (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.
(2)
Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Not more than 1 percent of the amounts appropriated for the Commission may be used, at the sole discretion of the Chairman, for official entertainment.
(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.
[Omitted; added subsection (i) at the end of §242.]
SEC. 702.

IDENTIFICATION OF FACILITIES TO INCARCERATE DEPORTABLE OR EXCLUDABLE ALIENS.
The President shall require the Secretary of Defense, in cooperation 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.