SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990. (a)(1) [Omitted; amended § 101(a)(43) of the INA, as amended by § 501(a)(4) of ImmAct'90.] (2) [Omitted; amended § 502(a) of ImmAct'90.] (3) [Omitted; amended § 287(a)(4) of the INA, as amended by § 503(a)(2) of ImmAct'90.] (4) [Omitted; amended in its entirety subparagraph (B) of § 242(a)(2) of the INA, as added by § 504(a)(5) of ImmAct'90.] (5) [Omitted; amended § 236(e)(1) of the INA, as amended by § 504(b) of ImmAct'90.] (6) [Omitted; amended § 503(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by § 507 of ImmAct'90.] (7) [Omitted; amended § 509(b) of ImmAct'90.] (8) [Omitted; amended § 510(b) of ImmAct'90.] (9) [Omitted; amended § 510(c) of ImmAct'90.] (10) [Omitted; amended § 212(c) of the INA, as added by § 511(a) of ImmAct'90.] (11) [Omitted; amended § 513(b) of ImmAct'90.] (12) [Omitted; amended § 514(a) of ImmAct'90.] (13) [Omitted; amended paragraphs (1) and (2) of § 515(b) of ImmAct'90 in their entirety.] (b) [Omitted; amended §§ 274B(g)(2)(B)(iv)(II), 274A(b)(3), & 274B(g)(2)(B) of the INA, as amended by sections 536 throug 539 of ImmAct'90.] (c)(1) [Omitted; amended § 274B(g)(2)(D) of the INA.] (2) [Omitted; amended § 543(a)(3) of ImmAct'90.] (3) [Omitted; amended §§ 252(c) and 275(a) of the INA.] (4) [Omitted; amended miscellaneous sections in title II which referred to customs authority.] (5)(A) [Omitted; amended § 274C(a) of the INA, as added by § 544(a) of ImmAct'90.] (B) [Omitted; amended § 544 of ImmAct'90.] (6) [Omitted; amended § 242B of the INA, as inserted by § 545(a) of ImmAct'90.] (7) [Omitted; restored text of 8th sentence of § 242(b) of the INA, as amended by § 545(e) of ImmAct'90.] SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) [Omitted; amended § 212(a) of the INA, as amended by § 601(a) of ImmAct'90.] (b) [Omitted; amended § 212(c) of the INA, as amended by § 601(d)(1) of ImmAct'90.] (c) [Omitted; amended § 212(d)(3) of the INA, as amended by § 601(d)(2)(B)(i) of ImmAct'90.] (d) [Omitted; amended § 212(d)(11) of the INA, as added by § 601(d)(2)(F) of ImmAct'90.] (e) [Omitted; amended § 212(g)(1) of the INA, as amended by § 601(d)(3) of ImmAct'90.] (f) [Omitted; amended § 212(h) of the INA, as amended by § 601(d)(4) of ImmAct'90.] (g) [Omitted; amended § 212(i) of the INA, as amended by § 601(d)(5) of ImmAct'90.] (h) [Omitted; amended § 241(a) of the INA, as amended by § 602(a) of ImmAct'90.] (i) [Omitted; amended § 102 of the INA, as amended by § 603(a)(2) of ImmAct'90.(j) [Omitted; amended § 210(b)(7)(B) as if included in § 603(a)(5) of ImmAct'90. (k) [Omitted; amended § 241 of the INA, as if included in § 602(b) of ImmAct'90.] (1) [Omitted; amended §§ 207(c)(3), 210A(e)(2)(B), 209(c), 217(a), 218(g)(3), 244A(c), 245A(d)(2)(B)(ii), & 272(a) of the INA and other provisions, as if included in § 603(a) of ImmAct'90.] (m) [Omitted; amended § 242(e) as if included in § 603(b) of ImmAct'90.] SEC. 308. CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION ACT OF 1990. (a) [Omitted; amended § section 245(e)(3) of the INA, as added by § 702(a)(2) of Immigration Act of 1990.] (b) [Omitted; amended § 702(b) of ImmAct'90.] (c) [Omitted; amended § 304(f) of the Immigration Reform and Control Act of 1986, as amended by § 704(b) of ImmAct'90.] (d) [Omitted; amended § 404(b)(2)(A) of the INA, as added by § 705(a)(5) of ImmAct'90.] SEC. 309. ADDITIONAL MISCELLANEOUS CORRECTIONS. (a)(1)(A) [Omitted; miscellaneous amendments to § 209 of the Department of Justice Appropriations Act, 1989 (title II of Public Law 100-459.] (B) [Omitted; amended the fourth proviso under Immigration and Naturalization Service in the Department of Justice Appropriations Act, 1990 (title II of Public Law 101-162).] (2)(A) [Omitted; amended § 286 of the INA, as amended by § 210 of the Department of Justice Appropriations Act, 1991.] (B) [Omitted; amended § 210(a)(2) of the Department of Justice Appropriations Act, 1991.] (3) The amendments made by paragraph (1) and (2) 1 shall be effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 and the Department of Justice Appropriations Act, 1990, respectively. (b) [(1)-(14): Omitted; amended miscellaneous provisions in the INA.] (15) The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653). SEC. 310. EFFECTIVE DATES. Except as otherwise specifically provided, the amendments made by (and provisions of) (1) sections 302 through 308 shall take effect as if included in the enactment of the Immigration Act of 1990, (2) 2 section 309(a) shall be effective with respect to allotments for fiscal years beginning with fiscal year 1989, and (3) section 309(c) 2 shall take effect on the date of the enactment of this Act. B. IMMIGRATION REFORM AND CONTROL ACT OF 1986 AND SAVE PROVISIONS 1. 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. 100525), 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)) 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. 1 Reference should be to "paragraphs (1)(A) and (1)(B)" rather than to "paragraph (1) and (2)". 2 Paragraph (2) reference to section 309(a) is inappropriate as there is a specific effective date for those provisions; the amendments to which that paragraph refer were included in H.R. 3048, As Reported by the Committee on the Judiciary of the House of Representatives but were not included in the Senate amendment to H.R. 3048. The reference in paragraph (3) to section 309(c) should be a reference to section 309(b). TITLE I-CONTROL OF ILLEGAL IMMIGRATION 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. TITLE IV-REPORTS TO CONGRESS Sec. 401. Triennial comprehensive report on immigration. 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 Sec. 701. Expeditious deportation of convicted aliens. Sec. 702. Identificiation of facilities to incarcerate deportable or excludable aliens. TITLE I-CONTROL OF ILLEGAL IMMIGRATION (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 (1) 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, se 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 |