text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1080

 100 STAT. 3426

Federal Register, publication.

PUBLIC LAW 99-603—NOV. 6, 1986 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 consideration of any information submitted on a timely basis with respect to the request, shall make and publish in the Federal Register their determination on the request. The request shall be granted, and the number of man-days specified in subparagraphs (A) and (B) of subsection (d)(2) for the fiscal year shall be reduced by the same proportion as the Secretaries determine that a decrease in the shortage number is justified based upon the showing and circumstances described in subparagraph (A).

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Federal Register, publication.

,.,,

"(b) ANNUAL NUMERICAL LIMITATION ON ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS.— "(1) ANNUAL NUMERICAL LIMITATION.—

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'

"(A) FnscAL YEAR 1990.—The numerical limitation on the number of aliens who may be admitted under subsection (c)(1) or who otherwise may acquire lawful temporary residence 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 (3)(A)(i) for fiscal year 1989 (as adjusted in accordance with subparagraph (C)). "(B) FISCAL YEARS 1991, 1992, AND 1993.—The numerical limitation on the number of aliens who may be admitted under subsection (c)(1) 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 (A)(i)), minus "(ii) the number estimated under paragraph (3)(A)(i) for the previous fiscal year (as a4justed in accordance with subparagraph (O). "(O ADJUSTMENT TO TAKE INTO ACCOUNT CHANGE IN NUMBER OF H-2 AGRICULTURAL WORKERS.—The number used

Ante, p. 3411.

under subparagraph (A)(ii) or (B)(ii) (as the case may be) shall be increased or decreased to reflect any numerical increase or decrease, respectively, in the number of aliens admitted to perform temporary seasonal agricultural services (as defined in subsection (g)(2)) under section 101(a)(15)(H)(iiXa) in the fiscal year compared to such number in tihe previous fiscal year. "(2) REPORTING OF INFORMATION ON EMPLOYMENT.—In the case of a person or entity who employs, during a fiscal year (begin-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1081

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3427

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 establish, after consultation with the Attorney General and the Director of the Bureau of the Census) of the number of man-days of employment performed by the alien in seasonal agricultural services during the fiscal year, or "(B) who was admitted or whose status was adjusted under this section, the person or entity shall furnish the j,pi 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 AGRICULTURAL 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 (a)(5), the average number of man-daj's of such services certain of such workers have performed in the United States during the fiscal year. "(B)

ia •. V

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 certifications furnished to the official under paragraph (2). "(C) BASIS FOR ESTIMATES.—The Director shall base the estimates under subparagraph (A) on the information furnished under subparagraph (B), but shall take into account (to the extent feasible) the underreporting or duplicate reporting of special agricultural workers who have performed 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 i 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

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1082

 100 STAT. 3428

PUBLIC LAW 99-603—NOV. 6, 1986 the fiscal year, or, if less, the numerical limitation established under subsection (b)(1) for the fiscal year. No such alien shall be admitted who is not admissible to the United States as an immigrant, except as otherwise provided under subsection (e).

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"(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 temporary 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

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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

'

8 USC 1101.

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 employment in the United States and shall be provided an 'employment 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(a)(20)), 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

s,,« 8 USC 1251. f -".'I-:

f

meet the requirement of this paragraph (for purposes of this subsection and section 241(a)(20)), an alien, who has obtained the status of an alien lawfully admitted for temporary 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.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1083

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3429

"(B) FOR 5 YEARS FOR NATURAUZATION.—Notwithstanding

any provision in title III, an alien admitted under this 8 USC 1401. 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 subparagraphs (A) and (B), an alien may submit such documentation as may be submitted under section 210(b)(3). Ante, p. 3417. "(D) ADJUSTMENT OF NUMBER OF MAN-DAYS REQUIRED.—

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The number of man-days specified in subparagraphs (A) and (B) are subject to adjustment under subsection (a)(8). "(6) DiSQUAUFICATION FROM CERTAIN PUBLIC ASSISTANCE.—The

provisions of section 245A(h) (other than paragraph (l)(A)(iii)) Ante, p. 3394. 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, Eissistance 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(h)(l)(A)(i). Ante, p. 3394.. "(e) DETERMINATION OF ADMISSIBILITY OF ADDITIONAL WORKERS.—

In the determination of an alien's admissibility under subsection

(c)(D-

"(1) GROUNDS OF EXCLUSION NOT APPLICABLE.—The provisions of paragraphs (14), (20), (21), (25), and (32) of section 212(a) shall g use 1182. 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 CEise of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. "(B) GROUNDS THAT MAY NOT BE WAIVED.—The following

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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 fQj. gQ 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 national 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(a)(15) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. "(3) MEDICAL EXAMINATION.—The alien shall be required, at the alien's expense, to undergo such a medical examination

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1084

 100 STAT. 3430 'H

PUBLIC LAW 99-603—NOV. 6, 1986 (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice.

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"(f) TERMS OF EMPLOYMENT RESPECTING A U E N S ADMITTED UNDER THIS SECTION.— "(1) EQUAL TRANSPORTATION FOR DOMESTIC WORKERS.—If a

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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 comparable in expense and scope) for other individuals employed in the performance of seeisonal agricultural services. "(2) PROHIBITION OF FALSE INFORMATION BY CERTAIN EMPLOY-

ERS.—A farm labor contractor, agricultural employer, or agricultural 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).

29 USC 1831.

"(3) PROHIBITION OP DISCRIMINATION BY CERTAIN EMPLOYERS.—

29 USC 1855.

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29 USC 1853.

29 USC 1801 note.

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 protections afforded by) MASAWPA. "(4) ENFORCEMENT.—If a person or entity— "(A) fails to furnish a certificate required under subsecj,. tion (b)(2) 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 Migrant 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 individual, 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.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1085

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3431

"(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(d)(5)(A) 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 beginning on the date the alien was first granted permanent or temporary 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 additional special agricultural workers.". (e) CONFORMING AMENDMENTS.—(1) Section 402(f) of the Social

Ante, p. 3422. 8 USC I255a note.

Ante, pp. 3417, 3422.

42 USC 602.

Security Act (as added by section 201(b)(1) of this Act and amended by section 302(b)(1) 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 ^^ (f) of section 210 of such Act, and subsection (d)(7) 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 (d)(7)"; 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 42 USC 672. section 201(b)(2)(A) of this Act and amended by section 302(b)(2) of this Act) is further amended by striking out "245A(h) or 210(f)" and inserting in lieu thereof "245A(h), 210(f), or 210A(d)(7)". SEC. 304. COMMISSION ON AGRICULTURAL WORKERS. (a) ESTABLISHMENT AND COMPOSITION OF COMMISSION.—(1) The r e 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 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.

8 USC 1160 note.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1086

 100 STAT. 3432

PUBLIC LAW 99-603—NOV. 6, 1986

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 ImmigraAnte, p. 3422. tion 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 25«ia8' s,- I 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 r imposed under section 210A(b) of the Immigration and / Nationality Act. i (F) The extent of unemplo3ment 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 proSrii IB*J fib Y grams or provisions to meet their unique needs for agricultural 1 labor. h (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 ••'i^^'-' iP 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 five 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. (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 mini-
 * -; 1 - (g) ^ ^ j j ^jjg Secretary of Labor in appointing two members,

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1087

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3433

mum annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which 5 USC 5332. 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 ' '; />Vf.A 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 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.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1088

 100 STAT. 3434 i< •;

'

Ante, p. 3360. Ante, p. 3394. Ante, p. 3417. Ante, p. 3422. 8 USC 1101 note.

Ante, p. 3411.

PUBLIC LAW 99-603—NOV. 6, 1986

(i) TERMINATION DATE.—The Commission shall cease to exist at the end of the 63-month period beginning with the month after the month in which this Act is enacted, (j) 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)(iiXa)) 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. 3 n. CHANGE IN COLONIAL QUOTA.

(a) INCREASE TO 5,000.—(1) Section 202(c) (8 U.S.C. 1152(c)) is amended by striking out "six hundred" and inserting in lieu thereof "5,000". (2) Section 202(e) (8 U.S.C. 1152(e)) is amended by striking out "600" and inserting in lieu thereof "5,000". 8 USC ii52note. (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.—Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is

amended by striking out "or" at the end of subparagraph (G), by striking out the period at the end of subparagraph (H) and inserting in lieu thereof "; or", and by adding at the end of the following new subparagraph: "(I)(i) an immigrant who is the unmarried son or daughter of an officer or emplo^ree, 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 (15XGXiv) or paragraph (15XN), has resided and been physically present in the Unitea 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)

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1089

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3435

applies for admission under this subparagraph no later than his twenty-fifth birthday or six months after the date this subparagraph is enacted, whichever is later; "(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 (15XG)(iv) 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 Retirement, such an international organization, and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employee's retirement from any such international organization, 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 vr 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(a)(15)

' *.

(8 U.S.C. 1101(a)(15)) is amended by striking out "or" at the end of subparagraph (L), by striking out the period at the end of subparagraph (M) and inserting in lieu thereof "; or", and by adding at the end the following new paragraph: "(N)(i) the parent of an alien accorded the status of special immigrant under paragraph (27XIXi), 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 (27)(I).". 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

8 USC 1187.

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 (26)(B) of section 212(a) may be waived by the Attorney General and the 8 USC 1182.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1090

 100 STAT. 3436

PUBLIC LAW 99-603—NOV. 6, 1986

Secretary of State, acting jointly and in accordance with this section, in the case of an alien who meets the following requirements: "(1) SEEKING ENTRY AS TOURIST FOR 9 0 DAYS OR LESS.—The

8 USC 1101.

.jff'/riv«j-?L/s*H

Contracts.

Defense and national security. Safety.

alien is applying for admission during the pilot program period (as defined in subsection (e)) as a nonimmigrant visitor (described in section 101(a)(15)(B)) for a period not exceeding 90 days. "(2) NATIONAL OF PILOT PROGRAM COUNTRY.—The alien is a national 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 before the time of such admission— "(A) completes such immigration form as the Attorney General shall establish under subsection (b)(3), and "(B) executes a waiver of review and appeal described in subsection (b)(4). "(4) ROUND-TRIP TICKET.—The alien has a round-trip, nontransferable 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) NOT A SAFETY THREAT.—The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. "(6) No PREVIOUS VIOLATION.—If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant. "(b) CONDITIONS BEFORE PILOT PROGRAM CAN B E P U T INTO OPERATION.— "(1) PRIOR NOTICE TO CONGRESS.—The pilot program may not

be put into operation until the end of the 30-day period beginning on the date that the Attorney General submits to the Congress a certification that the screening and monitoring system described in paragraph (2) is operational and effective and 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 and departure from the United States of nonimmigrant visitors receiving a visa waiver under the pilot program. .THiT ':m'.

"(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—

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"(A) a summary description of the conditions for excluding nonimmigrant visitors from the United States under section 212(a) and under the pilot program, 8 USC 1182. "(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 gisylum, any action for deportation against the alien. '(c) DESIGNATION OF PILOT PROGRAM COUNTRIES.—

"(1) U P 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 PREVIOUS 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 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. "(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 country which was a pilot program country in the previous fiscal year, a country may not be designated as a pilot program countrv unless the sum of— country who were excluded from admission or withdrew their application for admission during such previous 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.
 * (i) the total of the number of nationals of that

.«- ,.. «?.

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PUBLIC LAW 99-603—NOV. 6, 1986

"(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 PREVIOUS 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 nonimmigrant 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 (b)(1) 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 (a)(4)(C) 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 (a)(l)(A), and "(B) to submit daily to immigration officers any immigration 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 section, the term 'pilot program period' means the period beginning at the end of the 30-day period referred to in subsection (b)(l) and ending on the last day of the third fiscal year which begins after such 30-day period.". (b) LIMITATION ON STAY IN UNITED STATES.—Section 214(a) (8

Ante, p. 3435.

U.S.C. 1184(a)) is amended by adding at the end the following new sentence: "No alien admitted to the United States without a visa pursuant to section 217 may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.". (c) PROHIBITION OF ADJUSTMENT TO IMMIGRANT STATUS.—Section

245(c) (8 U.S.C. 1255(c)), as amended by section 312(b), is further amended by striking out "or" before "(4)" and by inserting before the period at the end the following: "; or (5) an alien (other than an immediate relative as defined in section 201(b)) who was admitted as

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a nonimmigrant visitor without a visa under section 212(1) or section 217". (d) PROHIBITION OP 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:

8 USC 1182; ante, P" ^^^^-

"

'<

"Sec. 217 Visa waiver pilot program for certain visitors.". SEC. 314. MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS. 8 USC 1153 note. (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 8 USC 1152. to qualified immigrants described in section 203(a)(7) of such Act 8 USC 1153. 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(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, and 8 USC 1151. (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 8 USC 1101 note. 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. llOlOaXlXD)) 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 AUENS.—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:

71_T94 0 - 89 - 36: QL. 3 PartA

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"(3) An alien shall not be considered to have failed to maintain continuous physical presence in the United States under paragraphs (1) and (2) of subsection (a) if the absence from the United States weis brief, casual, and innocent and did not meaningfully interrupt the continuous physical presence.". 8 USC 1253 note.

(c) SENSE OF CONGRESS RESPECTING TREATMENT OP CUBAN POLITI-

CAL 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(g) of the Immigration and Nationality Act (8 U.S.C. 1253(g)). Maritime affairs. Aircraft and air carriers. 8 USC 1101 note.

.6L ••; '• ' '

(d) DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASES OF

STRIKES.—(1) Except as provided in paragraph (2), during the oneyear 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)(15XD) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15XD)) 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. TITLE IV—REPORTS TO CONGRESS

8 USC 1364. President of U.S.

8 USC 1251.

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, it or granted asylum, during the relevant period; (2) a reeisonable 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.

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(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 8 USC 1151. the United States. SEC. 402. REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT.

President of U.S. 8 USC 1324a

The President shall transmit to Congress annual reports on the note, implementation of section 274A of the Immigration and Nationality Act (relating to unlawful employment of aliens) during the first Ante, p. 3360. 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 w, 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

8 USC 1186 note.

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'•'•>>'' ( ^ -

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8 USC 1255a

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) DEADUNES.—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.

President of U.S.

^^^ ' ^ GENERAL.—The President shall transmit to Congress two reports on the legalization program established under section 245A Ante, p. 3394. of the Immigration and Nationality Act. (b) INITIAL REPORT DESCRIBING LEGALIZED AUENS.—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, t.«r i'".! K-' 5 (2) their demographic characteristics, and (3) a general profile and characteristics. (c) SECOND REPORT ON IMPACT OF LEGAUZATION 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. 8 USC 1187 note.

SEC. 405. REPORT ON VISA WAIVER PILOT PROGRAM.

.,

(a) MONITORING AND REPORT ON THE PILOT PROGRAM.—The Attor-

Ante, p. 3435.

ney 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, x' V (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

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(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 Mexico. States should consult with the President of the Republic of Mexico?T1IS®I"IA?^^;^ within 90 days after enactment of this Act regarding the im- »use 1101 note. 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 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 Gteneral 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 AUENS 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) MARIEUTO 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 3 was not an alien lawfully admitted to the United States— (A) for permanent or temporary residence, or

8 USC 1365.

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(B) under the terms of an immigrant visa or a nonimmigrant visa issued, under the laws of the United States. (d) AUTHORIZATION OP 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 8 USC 1101 note. SEC. 601. COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT. a::'., (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 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. 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) ODMPENSATION OF MEMBERS, MEETINGS, STAFF, AUTHORITY OF COMMISSION, AND AUTHORIZATION OF APPROPRIATIONS.—(1) The

Ante, p. 3431.

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.

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(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 8 USC 1252. 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.". v SEC. 702. IDENTIFICATION OF FACILITIES TO INCARCERATE DEPORTABLE OR EXCLUDABLE ALIENS.

The President shall require the Secretary of Defense, in coopera- President of U.S. 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. Approved November 6, 1986.

LEGISLATIVE HISTORY—S. 1200 (H.R. 3810): HOUSE REPORTS: No. 99-682, Pt. 1 (Comm. on the Judiciary), Pt. 2 (Comm. on Eklucation and Labor), Pt. 3 (Comm. on Ways and Means), Pt. 4 (Comm. on Energy and Commerce), and Pt. 5 (Comm. on Agriculture), all accompanying H.R. 3810. SENATE REPORTS: No. 99-132 (Comm. on the Judiciary) and No. 99-1000 (Comm. of C!onference). CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 11-13, 16-19, considered and passed Senate. Vol. 132 (1986): Oct. 9, H.R. 3810 considered and passed House; proceedings vacated and S. 1200, amended, passed in lieu. Oct. 15, House agreed to conference report. Oct. 17, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 6, Presidential statement and remarks.

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PUBLIC LAW 99-604—NOV. 6, 1986

Public Law 99-604 99th Congress Nov. 6, 1986 [H.R. 897]

An Act To recognize the Army and Navy Union of the United States of America.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHARTER Ohio. 36 USC 3901.

1. The Army and Navy Union of the United States of America, organized and incorporated under the laws of the State of Ohio, is hereby recognized as such and is granted a charter. SECTION

' '

' State and local governments. 36 USC 3902.

' •

" < '

POWERS

SEC. 2. The Army and Navy Union of the United States of America (hereinsifter referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

.8,1.; !<;•

OBJECTS AND PURPOSES OF CORPORATION 36 USC 3903.

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall also be— (a) to hold true allegiance to the Government of the United States of America and fidelity to its Constitution, laws, and institutions; (b) to serve our Nation under God in peace as well as in war by fostering the ideals of faith and patriotism, loyalty, justice, and liberty; by inculcating in the hearts of young and old, through precept and practice, the spirit of true Americanism; by participating in civic activities for the good of our country and our community; (c) to unite in fraternal fellowship those who have served honorably and those who are now serving honorably in the Armed Forces of the United States of America; to protect and advance their civic, social, and economic welfare; to aid them in sickness and distress; to assist in the burial and commemoration of their dead; and to provide help for their widows and orphans; and (d) to perpetuate the memory of patriotic deeds performed by the defenders of our country. SERVICE OF PROCESS

State and local governments. 36 USC 3904.

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

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MEMBERSHIP

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

36 USC 3905.

BOARD OF DIRECTORS; COMPOSITION; RESPONSIBIUTIES

SEC. 6. The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

State and loceil governments. 36 USC 3906.

OFFICERS OF CORPORATION

SEC. 7. The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

State and local governments. 36 USC 3907.

RESTRICTIONS

SEC. 8. (a) No part of the income or assets of the corporation shall insure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. (f) The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Ohio.

36 USC 3908.

K •:?.

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K- ' «;'

Ohio.

LIABILITY

SEC. 9. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. BOOKS AND

RECORDS;

36 USC 3909.

INSPECTION

SEC. 10. The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for

36 USC 3910.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1102

 100 STAT. 3448 state and local governments.

PUBLIC LAW 99-604—NOV. 6, 1986

any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. fSWii.lV"-'.

v.;'';!.!.,- •

AUDIT OF FINANCIAL TRANSACTIONS

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•

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal ,. - law", approved August 30, 1964 (36 U.S.C. 1101) is amended by adding at the end thereof the following: "(68) Army and Navy Union of the United States of America.". ii, ANNUAL REPORT

36 USC 3911. u«

SEC. 12. The corporation shall report annually to the Cbngress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time V w: ^g jg YiQ report of the audit required by section 11 of this Act. The report shall not be printed as a public document. RESERVATION OF R I G H T TO A M E N D OR REPEAL CHARTER

36 USC 3912.

SEC. 13. The right to alter, amend, or repeeil this Act is expressly reserved to the Congress. DEFINITION OF " S T A T E "

36 USC 3913.

SEC. 14. For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. •*

T A X - E X E M P T STATUS

36 USC 3914.

SEC. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code 26 USC 1 et seq. of 1954. If the corporation fails to maintain such status, the charter granted hereby shall expire. TERMINATION

36 USC 3915.

^

SEC. 16. If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire. Approved November 6, 1986.

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'.•'•!»-.'•'--a«« V. •.

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LEGISLATIVE HISTORY—H.R. 897:

•

CONGRESSIONAL RECORD: Vol. 131 (1985): May 13, considered and passed House. Vol. 132 (1986): Oct. 18, considered and peissed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1103

 PUBLIC LAW 99-605—NOV. 6, 1986

100 STAT. 3449

Public Law 99-605 99th Congress An Act To amend the Immigration and Nationality Act to extend for two years the authorization of appropriations for refugee assistance, and for other purposes.

Nov. 6, 1986 [H.R. 1452]

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

Refugee

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

Extension Act of

(a) SHORT TITLE.—This Act may be cited as the "Refugee Assistance Extension Act of 1986".

g USC 1101 note,

(b) AMENDMENTS TO IMMIGRATION AND NATIONAUTY ACT.—When-

ever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act.

8 USC 1101 note.

SEC. 2. TWO-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.

(a) TWO-YEAR EXTENSION.—Section 414(a) (8 U.S.C. 1524(a)) is amended by striking out "fiscal year 1983" and inserting in lieu thereof "each of fiscal years 1987 and 1988" in paragraph (1). (b) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS.—Such section is further amended— (1) by striking out "(2) and (3)" in paragraph (1) and inserting in lieu thereof "(2) through (5)"; (2) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) There are hereby authorized to be appropriated for fiscal year 1987 $74,783,000 and for fiscal year 1988 $77,924,000 for the purpose of providing services with respect to refugees under section 412(c)(l). "(3) There are hereby authorized to be appropriated for fiscal year 1987 $8,761,000 and for fiscal year 1988 $9,125,000 for the purpose of carrying out section 412(b)(5)."; and (3) by adding at the end the following new paragraph: "(4) There are authorized to be appropriated for fiscal year 1987 $5,215,000 and for fiscal year 1988 $5,434,000 for the purpose of carrying out the provisions of section 412(f).".

8 USC 1522.

SEC. 3. PLACEMENT OF OFFICE OF REFUGEE RESETTLEMENT WITHIN THE OFFICE OF SECRETARY OF HEALTH AND HUMAN SERVICES AND CLARIFYING ROLE OF SECRETARY OF EDUCATION. (a) PROVISION OF ASSISTANCE FOR REFUGEE CHILDREN BY SEC-

RETARY OF EDUCATION.—Section 412(d)(l) (8 U.S.C. 1522(d)(l)) is amended by striking out "Director" and inserting in lieu thereof "Secretary of Education". (b) AUTHORIZING SECRETARY OF EDUCATION AND ATTORNEY GENERAL To ISSUE REGULATIONS.—Section 412(a)(9) (8 U.S.C. 1522(a)(9)) is

amended by inserting ", the Secretary of Education, the Attorney General," after "The Secretary".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1104

 100 STAT. 3450

PUBLIC LAW 99-605—NOV. 6, 1986

SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CONSULTATION WITH STATE AND LOCAL GOVERNMENTS IN PLACEMENT PROCESS.

Section 412(a)(2) (8 U.S.C. 1522(a)(2)) is amended— (1) in subparagraph (A)— (A) by inserting "and the Federal agency administering subsection (b)(1)" after "Director", .^, (B) by inserting "(not less often than quarterly)" after "regularly", and (C) by inserting "before their placement in those States \- 5. and localities" after "localities"; (A) by striking out "and" at the end of clause (i), (B) by striking out the period at the end of clause (ii) and inserting in lieu thereof ", and", and (C) by adding at the end the following new clause: "(iii) take into account— jg£?, "(I) the proportion of refugees and comparable entrants .9$f.. rin the population in the area, "(II) the availability of employment opportunities, affordable housing, and public and private resources (including educational, health care, and mental health services) for refugees in the area, "(III) the likelihood of refugees placed in the area becoming self-sufficient and free from long-term dependence on „ I public assistance, and e "(IV) the secondary migration of refugees to and from the area that is likely to occur."; and (3) by adding at the end the following new subparagraph: "(D) With respect to the location of placement of refugees within a State, the Federal agency administering subsection (b)(1) shall, consistent with such policies and strategies and to the maximum w<, ^ extent possible, take into account recommendations of the State.". SEC. 5. RECEPTION AND PLACEMENT GRANTS.
 * ., (2) in subparagraph (C)—
 * ., (2) in subparagraph (C)—

(a) DIRECT G A O AUDIT OF GRANTS.—Paragraph (6) of section 412(b)

(8 U.S.C. 1522(b)) is amended to read as follows: "(6) The Comptroller General shall directly conduct an annual financial audit of funds expended under each grant or contract made under paragraph (1) for fiscal year 1986 and for fiscal year 1987.". (b) REQUIREMENTS

Contracts. Reports.

UNDER GRANTS.—Such section

is

further

amended— (1) by adding at the end the following new paragraph: "(7) Each grant or contract with an agency under paragraph (1) shall require the agency to do the following: "(A) To provide quarterly performance and financial status reports to the Federal agency administering paragraph (1). "(B)(i) To provide, directly or through its local affiliate, notice to the appropriate county or other local welfare office at the time that the agency becomes aware that a refugee is offered employment and to provide notice to the refugee that such notice has been provided, and "(ii) upon request of such a welfare office to which a refugee has applied for cash assistance, to furnish that office with documentation respecting any cash or other resources provided directly by the agency to the refugee under this subsection.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1105

 PUBLIC LAW 99-605—NOV. 6, 1986

100 STAT. 3451

"(C) To assure that refugees, known to the agency as having been identified pursuant to paragraph (4)(B) as having medical conditions affecting the public health and requiring treatment, report to the appropriate county or other health agency upon their resettlement in an area. "(D) To fulfill its responsibility to provide for the basic needs (including food, clothing, shelter, and transportation for job interviews and training) of each refugee resettled and to develop and implement a resettlement plan including the early employment of each refugee resettled and to monitor the implementation of such plan. "(E) To transmit to the Federal agency administering paragraph (1) an annual report describing the following: "(i) The number of refugees placed (by county of placement) and the expenditures made in the year under the grant or contract, including the proportion of such expendi^ tures used for administrative purposes and for provision of services. "(ii) The proportion of refugees placed by the agency in the previous year who are receiving cash or medical assistance described in subsection (e). "(iii) The efforts made by the agency to monitor placement of the refugees and the activities of local affiliates of •; the agency. "(iv) The extent to which the agency has coordinated its activities with local social service providers in a manner which avoids duplication of activities and has provided notices to local welfare offices and the reporting of medical conditions of certain aliens to local health departments in accordance with subparagraphs (B)(i) and (C). •r^'i.i' "(v) Such other information as the agency administering paragraph (1) deems to be appropriate in monitoring the effectiveness of agencies in carrying out their functions under such grants and contracts. The agency administering paragraph (1) shall promptly forward a copy of each annual report transmitted under subparagraph (E) to the Committees on the Judiciary of the House of Representatives and of the Senate.", and (2) by striking out the fifth and sixth sentences of paragraph (1)(A). (c) PERFORMANCE CRITERIA FOR GRANTS.—Such section is further amended by adding after paragraph (7) (added by subsection (b)) the following new paragraph: "(8) The Federal agency administering paragraph (1) shall establish criteria for the performance of agencies under grants and contracts under that paragraph, and shall include criteria relating to an agency's— "(A) efforts to reduce welfare dependency among refugees ' resettled by that agency, "(B) collection of travel loans made to refugees resettled by that agency for travel to the United States, "(C) arranging for effective local sponsorship and other nonpublic assistance for refugees resettled by that agency, "(D) cooperation with refugee mutual assistance associations, local social service providers, health agencies, and welfare offices.

Health and medical care.

Reports.

Contracts.

8 USC 1522.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1106

 100 STAT. 3452

PUBLIC LAW 99-605—NOV. 6, 1986

"(E) compliance with the guidelines established by the Director for the placement and resettlement of refugees within the United States, and "(F) compliance with other requirements contained in the grant or contract, including the reporting and other requirements under subsection (b)(7). The Federal administering agency shall use the criteria in the process of awarding or renewing grants and contracts under paragraph (1).". (d) EFFECTIVE DATES OF AMENDMENTS.—(1) Section 412(b)(7) (other Grants. Contracts. than subparagraphs (B)(i), (C), and (D)) of the Immigration and 8 USC 1522 note. Nationality Act, as added by subsection (b)(1) of this section, shall apply to grants and contracts made or renewed after the end of the 30-day period beginning on the date of the enactment of this Act. (2) Section 412(b)(7)(D) of the Immigration and Nationality Act, as added by subsection (b)(1) of this section, shall apply to grants and contracts made or renewed after the end of the six-month period beginning on the date of the enactment of this Act. (3) The criteria required under the amendment made by subsection (c) shall be established not later than 60 days after the date of the enactment of this Act. (e) REPORT ON RECEPTION AND PLACEMENT GRANTS.—(1) Within Contracts. amounts provided in appropriation acts, the United States Coordinator for Refugee Affairs shall provide for a study on the advisability and feasibility of— (A) using competitive proposals, cost reimbursement contracts, financial incentives based on performance standards, and other means for providing greater efficiency in awarding grants and contracts for initial reception and placement under section 412(b) of the Immigration and Nationality Act, (B) modifying the eligibility requirements for agency participation under that section, (C) permitting refugee mutual assistance associations to participate under that section and to apply for such grants and contracts, and (D) using financial incentives linked to performance standards in awarding social service grants and contracts for services under section 412(c) of the Immigration and Nationality Act. (2) The Coordinator shall submit the results of the study to Reports. Congress not later than six months after the date of the enactment of this Act. (f) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR RECEPTION AND PLACEMENT SERVICES.—(1) In order to insure that sufficient

funds are authorized to be appropriated to provide for reception and placement services in fulfillment of the responsibilities required under section 412(b)(7)(D) of the Immigration and Nationality Act (as added by subsection (b)(1) of this section), there are authorized to be appropriated (in addition to the amounts described in paragraph (2)) for fiscal years 1987 and 1988 any such additional sums as may be necessary to fulfill the responsibilities under that section. (2) The amounts described in this paragraph are— (A) the amounts authorized to be appropriated to the Department of State for "Migration and Refugee Assistance" for fiscal ,en>. years 1986 and 1987, which may be used for enhanced reception and placement services under section 412(b) of the Immigration and Nationality Act; and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1107

 PUBLIC LAW 99-605—NOV. 6, 1986 t •

100 STAT. 3453

(B) any other amounts authorized to be appropriated for such services.

SEC. 6. ALLOCATION AND USE OF SOCIAL SERVICE FUNDS.

(a) BASED ON REFUGEE POPULATION.—Section 412(c) (8 U.S.C. 1522(c)) is amended— (1) by redesignating paragraphs (1), (2), and (3) as clauses (i), (ii), and (iii), respectively, (2) by inserting "(1)(A)" before "The Director", and (3) by adding at the end the following new subparagraph: Grants. "(B) The funds available for a fiscal year for grants and contracts Contracts. under subparagraph (A) shall be allocated among the States based on the total number of refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and who are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year.". (b) CLARIFICATION OF U S E OF SOCIAL SERVICE FUNDS.—Such section

is further amended by adding at the end the following new subparagraph: "(C) Any limitation which the Director establishes on the proportion of funds allocated to a State under this paragraph that the State may use for services other than those described in subsection (a)(l)(B)(ii) shall not apply if the Director receives a plan (established by or in consultation with local governments) and determines that the plan provides for the maximum appropriate provision of employment-related services for, and the maximum placement of, employable refugees consistent with performance standards established under section 106 of the Job Training Partnership Act.". 29 USC 1516. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall 8 USC 1522 note, apply to allocations of funds for fiscal years beginning with fiscal year 1987. (d) CONFORMING AMENDMENT.—Section 412(e)(2)(A)(i) (8 U.S.C.

1522(e)(2)(A)(i)) is amended by striking out "(c)(1)" and inserting in lieu thereof "(c)(l)(A)(i)". SEC. 7. MAINTAINING FUNDING LEVEL OF MATCHING GRANT PROGRAM.

(a) MAINTAINING FUNDING LEVEL.—Subject to the availability of 8 USC 1522 note, appropriations, the Director of the Office of Refugee Resettlement shall not reduce the maximum average Federal contribution level per refugee in the matching grant program and shall not increase the percentage grantee matching requirement under that program below the level, or above the percentage, in effect under the program for grants in fiscal year 1985. (b) MATCHING GRANT PROGRAM.—The "matching grant program" ^ ' -referred to in subsection (a) is the voluntary agency program which is known as the matching grant program and is funded under section 412(c) of the Immigration and Nationality Act. SEC. 8. T A R G E T E D ASSISTANCE PROJECT GRANTS. (a) SPECIFIC AUTHORIZATION FOR TARGETED ASSISTANCE PROJECT

GRANTS.—Section 412(c) (8 U.S.C. 1522(c)), as amended by section 6, is further amended by adding at the end the following new paragraph: "(2)(A) The Director is authorized to make grants to States for assistance to counties and similar areas in the States where, because of factors such as unusually large refugee populations (including

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1108

 100 STAT. 3454

'/

PUBLIC LAW 99-605—NOV. 6, 1986

secondary migration), high refugee concentrations, and high use of public assistance by refugees, there exists and can be demonstrated a specific need for supplementation of available resources for services to refugees. "(B) Grants shall be made available under this paragraph— "(i) primarily for the purpose of facilitating refugee employment and achievement of self-sufficiency, "(ii) in a manner that does not supplant other refugee program funds and that assures that not less than 95 percent of the amount of the grant award is made available to the county or other local entity.", (b) CONFORMING AMENDMENT.—Section 412(e)(2)(A)(ii) (8 U.S.C.

1522(e)(2)(A)(ii)) is amended by inserting "or targeted assistance" after "social service". SEC. 9. CASH AND MEDICAL ASSISTANCE.

 * t

(a) CLARIFICATION OF DISQUAUFICATION FROM CASH ASSISTANCE FOR REFUGEES REFUSING OFFERS OF EMPLOYMENT OR TRAINING.—

' "

.,^,,

,;,, • '

.

.

8 USC 1522 note.

Paragraph (2) of section 412(e) (8 U.S.C. 1522(e)) is amended— (1) by striking out the last sentence of subparagraph (A), and (2) by adding at the end the following new subparagraph: "(C) In the case of a refugee who— "(i) refuses an offer of employment which has been determined to be appropriate either by the agency responsible for the initial resettlement of the refugee under subsection (b) or by the appropriate State or local employment service, "(ii) refuses to go to a job interview which has been arranged through such agency or service, or .; "(iii) refuses to participate in a social service or targeted assistance program referred to in subparagraph (A)(ii) which such agency or service determines to be available and appropriate, cash assistance to the refugee shall be terminated (after opportunity for an administrative hearing) for a period of three months (for the first such refusal) or for a period of six months (for any subsequent refusal).". (b) CONSIDERATION OF RECOMMENDATIONS AND ASSISTANCE OF VOL-

UNTARY AGENCIES.—Such section is further amended by adding at the end the following new paragraph: "(8) In its provision of assistance to refugees, a State or political subdivision shall consider the recommendations of, and assistance provided by, agencies with grants or contracts under subsection (b)(l).". (c) EFFECTIVE DATE.—The amendments made by subsection (a) of this section shall apply to aliens entering the United States as refugees on or after the first day of the first calendar quarter that begins more than 90 days after the date of the enactment of this Act. SEC. 10. PERMITTING COVERAGE OF CERTAIN DEPENDENT REFUGEES UNDER ALTERNATIVE PROJECTS. Section 412(e)(7)(A) (8 U.S.C. 1522(e)(7)(A)) is amended by adding at the end the following new sentence: "The Secretary may permit alternative projects to cover specific groups of refugees who have been in the United States 36 months or longer if the Secretary determines that refugees in the group have been significantly and disproportionately dependent on welfare and need the services pro-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1109

 PUBLIC LAW 99-605—NOV. 6, 1986

100 STAT. 3455

vided under the project in order to become self-sufficient and that their coverage under the projects would be cost-effective.". SEC. 11. REFUGEES COVERED BY ANNUAL REPORT. Section 413(a)(2)(A) (8 U.S.C. 1523(a)(2)(A)) is amended by striking out "under this Act since May 1975" and inserting in lieu thereof "the United States within the five-fiscal-year period immediately preceding the fiscal year within which the report is to be made and for refugees who entered earlier and who have shown themselves to be significantly and disproportionately dependent on welfare". SEC. 12. PROHIBITING USE OF BLOCK OR CONSOLIDATED GRANTS.

Section 412(a)(4) (8 U.S.C. 1522(a)(4)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, (2) by inserting "(A)" after "(4)", and (3) by adding at the end the following new subparagraphs: State and local "(B) No funds may be made available under this chapter (other governments. than under subsection (b)(1)) to States or political subdivisions in the Contracts. form of block grants, per capita grants, or similar consolidated grants or contracts. Such funds shall be made available under separate grants or contracts— "(i) for medical screening and initial medical treatment under subsection (b)(5), "(ii) for services for refugees under subsection (c)(1), "(iii) for targeted assistance project grants under subsection (c)(2), and "(iv) for assistance for refugee children under subsection (d)(2). "(C) The Director may not delegate to a State or political subdivision his authority to review or approve grants or contracts under this chapter or the terms under which such grants or contracts are made.". SEC. 13. ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF CERTAIN CUBAN NATIONALS.

Section 412 (8 U.S.C. 1522) is further amended by adding at the end the following new subsection: "(f) ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF CERTAIN CUBAN NATIONALS.—(1) The Attorney General shall pay

compensation to States and to counties for costs incurred by the States and counties to confine in prisons, during the fiscal year for which such payment is made, nationals of Cuba who— "(A) were paroled into the United States in 1980 by the Attorney General, "(B) after such parole committed any violation of State or county law for which a term of imprisonment was imposed, and "(C) at the time of such parole and such violation were not aliens lawfully admitted to the United States— "(i) for permanent residence, or "(ii) under the terms of an immigrant or a nonimmigrant visa issued, under this Act. "(2) For a State or county to be eligible to receive compensation under this subsection, the chief executive officer of the State or county shall submit to the Attorney General, in accordance

Prisoners.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1110

 100 STAT. 3456

PUBLIC LAW 99-605—Nov. 6, 1986

with rules to be issued by the Attorney General, an application containing— "(A) the number and names of the Cuban nationals with respect to whom the State or county is entitled to such compensation, and "(B) such other information as the Attorney General may require. "(3) For a fiscal year the Attorney General shall pay the costs described in paragraph (1) to each State and county determined by the Attorney General to be eligible under paragraph (2); except that if the amounts appropriated for the fiscal year to carry out this subsection are insufficient to cover all such payments, each of such payments shall be ratably reduced so that the total of such payments equals the amounts so appropriated. "(4) The authority of the Attorney General to pay compensation under this subsection shall be effective for any fiscal year only to the • extent and in such amounts as may be provided in advance in appropriation Acts. President of U.S. "(g) It shall be the policy of the United States Government that the President, in consultation with the Attorney General and all appropriate Federal, State, and county officials referred to in section 13 of this Act, shall place top priority on seeking the expeditious removal from this country and the return to Cuba of such persons defined in subsection (fKl) by any reasonable and responsible means, and to this end the Attorney General may use the funds hereafter authorized by this section to conduct such policy.". Approved November 6, 1986.

 * ', '. I

LEGISLATIVE HISTORY—H.R. 1452 (S. 1262): HOUSE REPORTS: No. 99-132, Pt. 1 (Comm. on the Judiciary). SENATE REPORTS: No. 99-154 accompanying S. 1262 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): June 13, considered and peissed House. Vol. 132 (1986): Oct. 18, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1111

 PUBLIC LAW 99-606—NOV. 6, 1986

100 STAT. 3457

Public Law 99- 606 99th Congress An Act To withdraw certain public lands for military purposes, and for other purposes.

Nov. 6, 1986 [H.R. 1790]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. WITHDRAWALS.

Defense and national security. Minerals and mining.

(a) BRAVO-20 BOMBING RANGE.—(1) Subject to valid existing rights and except as otherwise provided in this Act, the lands referred to in paragraph (2) of this subsection, and all other areas within the boundary of such lands as depicted on the map specified in such paragraph which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws). Such lands are reserved for use by the Secretary of the Navy for— (A) testing and training for aerial bombing, missile firing, and tactical maneuvering and air support; and (B) subject to the requirements of section 3(f), other defenserelated purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are the Nevada. public lands comprising approximately 21,576.40 acres in Churchill County, Nevada, as generally depicted on the map entitled "Bravo20 Bombing Range Withdrawal—Proposed", dated April 1986, and filed in accordance with section 2. (3) This section does not affect the withdrawals of July 2, 1902, Flood control. August 26, 1902, and August 4, 1904, under which the Bureau of Reclamation utilizes for flooding, overflow, and seepage purposes approximately 14,750 acres of the lands withdrawn and reserved by this subsection. (b) NELUS AIR FORCE RANGE.—(1) Subject to valid existing rights

and except as otherwise provided in this Act, the public lands described in paragraph (2) of this subsection are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws). Such lands are reserved for use by the Secretary of the Air Force— (A) as an armament and high-hazard testing area; (B) for training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support; and (C) subject to the requirements of section 3(f), for other defense-related purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are the Nevada. lands comprising approximately 2,945,000 acres of land in Clark, Nye, and Lincoln Counties, Nevada, as generally depicted on the map entitled "Nellis Air Force Range Withdrawal—Proposed", dated January 1985, and filed in accordance with section 2.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1112

 100 STAT. 3458

Arizona.

New Mexico.

Alaska.

PUBLIC LAW 99-606—NOV. 6, 1986

(c) BARRY M. GOLDWATER AIR FORCE RANGE.—(1) Subject to valid existing rights and except as otherwise provided in this Act, the lands described in paragraph (2) of this subsection are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws). Such lands are reserved for use by the Secretary of the Air Force for— (A) an armament and high-hazard testing area; (B) training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support; and (C) subject to the requirements of section 3(f), other defenserelated purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are the lands comprising approximately 2,664,423 acres in Maricopa, Pima, and Yuma Counties, Arizona, as generally depicted on the map entitled "Luke Air Force Range Withdrawal—Proposed", dated January 1985, and filed in accordance with section 2. (d) MCGREGOR RANGE.—(1) Subject to valid existing rights and except as otherwise provided in this Act, the public lands described in paragraph (2) of this subsection are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws). Such lands are reserved for use by the Secretary of the Army— (A) for training and weapons testing; and (B) subject to the requirements of section 3(f), for other defense-related purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are the lands comprising approximately 608,384.87 acres in Otero County, New Mexico, as generally depicted on the map entitled "McGregor Range Withdrawal—Proposed", dated January 1985, and filed in accordance with section 2. (3) Any of the public lands withdrawn under paragraph (1) of this subsection which, as of the date of enactment of this Act, are managed pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) shall continue to be managed under that section until Congress determines otherwise. (e) FORT GREELY MANEUVER AREA AND FORT GREELY AIR DROP

ZONE.—(1) Subject to valid existing rights and except as otherwise provided in this Act, the lands described in paragraph (2) of this subsection are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws), under an Act entitled "An Act to provide for the admission of the State of Alaska into the Union", approved July 7, 1958 (48 U.S.C. note prec. 21), and under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Such lands are reserved for use by the Secretary of the Army for— (A) military maneuvering, training, and equipment development and testing; and (B) subject to the requirements of section 3(f), other defenserelated purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are—

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