An Act

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

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title. — This Act may be cited as the "Immigration Reform and Control Act of 1986".
(b) Amendments to Immigration and Nationality Act. — Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed to be made to the Immigration and Nationality Act.

TABLE OF CONTENTS

Sec. 1. Short title; references in Act.

TITLE I — CONTROL OF ILLEGAL IMMIGRATION

Part A — Employment

Sec. 101. Control of unlawful employment of aliens.

Sec. 102. Unfair immigration-related employment practices.

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

Part B — Improvement of Enforcement and Services

Sec. 111. Authorization of appropriations for enforcement and service activities of the Immigration and Naturalization Service.

Sec. 112. Unlawful transportation of aliens to the United States.

Sec. 113. Immigration emergency fund.

Sec. 114. Liability of owners and operators of international bridges and toll roads to prevent the unauthorized landing of aliens.

Sec. 115. Enforcement of the immigration laws of the United States.

Sec. 116. Restricting warrantless entry in the case of outdoor agricultural operations.

Sec. 117. Restrictions on adjustment of status.

Part C — Verification of Status Under Certain Programs

Sec. 121. Verification of immigration status of aliens applying for benefits under certain programs.

TITLE II — LEGALIZATION

Sec. 201. Legalization of status.

Sec. 202. Cuban-Haitian adjustment.

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

Sec. 204. State legalization impact-assistance grants.

TITLE III — REFORM OF LEGAL IMMIGRATION

Part A — Temporary Agricultural Workers

Sec. 301. H-2A agricultural workers.

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

Sec. 303. Determinations of agricultural labor shortages and admission of additional special agricultural workers.

Sec. 304. Commission on Agricultural Workers.

Sec. 305. Eligibility of H-2 agricultural workers for certain legal assistance.

Part B — Other Changes in the Immigration Law

Sec. 311. Change in colonial quota.

Sec. 312. G-IV special immigrants.

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

Sec. 314. Making visas available for nonpreference immigrants.

Sec. 315. Miscellaneous provisions.

TITLE IV — REPORTS TO CONGRESS

Sec. 401. Triennial comprehensive report on immigration.

Sec. 402. Reports on unauthorized alien employment.

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

Sec. 404. Reports on legalization program.

Sec. 405. Report on visa waiver pilot program.

Sec. 406. Report on Immigration and Naturalization Service.

Sec. 407. Sense of the Congress.

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

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

TITLE VI — COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT

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

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

Sec. 701. Expeditious deportation of convicted aliens.

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

TITLE I — CONTROL OF ILLEGAL IMMIGRATION

Part A — Employment

SEC. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS.
(a) In General. —
(1) New provision. — Chapter 8 of title II is amended by inserting after section 274 (8 U.S.C. 1324) the following new section:
"Unlawful Employment of Aliens

"Sec. 274A. (a) Making Employment of Unauthorized Aliens Unlawful. —
"(1) In general. — It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States —
"(A) an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or
"(B) an individual without complying with the requirements of subsection (b).
"(2) Continuing employment. — It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
"(3) Defense. — A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
"(4) Use of labor through contract. — For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).
"(5) Use of state employment agency documentation. — For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.
"(b) Employment Verification System. — The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
"(1) Attestation after examination of documentation. —
"(A) In general. — The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining —
"(i) a document described in subparagraph (B), or
"(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of such sentence, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such a document.
"(B) Documents establishing both employment authorization and identity. — A document described in this subparagraph is an individual's —
"(i) United States passport;
"(ii) certificate of United States citizenship;
"(iii) certificate of naturalization
"(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or
"(v) resident alien card or other alien registration card, if the card-
"(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and
"(II) is evidence of authorization of employment in the United States.
"(C) Documents evidencing employment authorization. — A document described in this subparagraph is an individual's —
"(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States);
"(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or
"(iii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
"(D) Documents establishing identity of individual. — A document described in this subparagraph is an individual's —
"(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
"(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (ii), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
"(2) Individual attestation of employment authorization. — The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
"(3) Retention of verification form. — After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and
ending —
"(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
"(B) in the case of the hiring of an individual —
"(i) three years after the date of such hiring, or
"(ii) one year after the date the individual's employment is terminated, whichever is later.
"(4) Copying of documentation permitted. — Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except asotherwise permitted under law) for the purpose of complying with the requirements of this subsection.
"(5) Limitation on use of attestation form. — A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(c) No Authorization of National Identification Cards. — Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
"(d) Evaluation and Changes in Employment Verification System. —
"(1) Presidential monitoring and improvements in system. —
"(A) Monitoring. — The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
"(B) Improvements to establish secure system. — To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
"(2) Restrictions on changes in system. — Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
"(A) Reliable determination of identity. — The system must be capable of reliably determining whether —
"(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
"(ii) the employee or prospective employee is claiming the identity of another individual.
"(B) Using of counterfeit-resistant documents. — If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
"(C) Limited use of system. — Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verifythat an individual is not an unauthorized alien.
"(D) Privacy of information. — The system must protect the privacy and security of personal information and identifiers utilized in the system.
"(E) Limited denial of verification. — A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
"(F) Limited use for law enforcement purposes. — The system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(G) Restriction on use of new documents. — If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person.
"(3) Notice to congress before implementing changes. —
"(A) In general. — The President may not implement any change under paragraph (1) unless at least —
"(i) 60 days,
"(ii) one year, in the case of a major change described in subparagraph (D)(iii), or
"(iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D), before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of theSenate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress.
"(B) Contents of report. — In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for unauthorized use or disclosure of the information or identifiers contained in such system.
"(C) Congressional review of major changes. —
"(i) Hearings and review. — The Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of any major change described in subparagraph (D), shall hold hearings respecting the feasibility and desirability of implementing such a change, and, within the two year period before implementation, shall report to their respective Houses findings on whether or not such a change should be implemented.
"(ii) Congressional action. — No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change.
"(D) Major changes requiring two years notice and congressional review. — As used in this paragraph, the term 'major change' means a change which would —
"(i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,
"(ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal officialinformation concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or
"(iii) require any change in any card used for accounting purposes under the Social Security Act, including any change requiring that the only social security account number cards which may be presented in order to comply with subsection (b)(1)(C)(i) are such cards as are in a counterfeit-resistant form consistent with the second sentence of section 205(c)(2)(D) of the Social Security Act.
"(E) General revenue funding of social security card changes. — Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection shall not be paid for out of any trust fund established under the Social Security Act.
"(4) Demonstration projects. —
"(A) Authority. — The President may undertake demonstration projects (consistent with paragraph (2)) of different changes in the requirements of subsection (b). No such project may extend over a period of longer than three years.
"(B) Reports on projects. — The President shall report to the Congress on the results of demonstration projects conducted under this paragraph.
"(e) Compliance. —
"(1) Complaints and investigations. — The Attorney General shall establish
procedures —
"(A) for individuals and entities to file written, signed complaints respecting potential violations of subsection (a),
"(B) for the investigation of those complaints which, on their face, have a substantial probability of validity,
"(C) for the investigation of such other violations of subsection (a) as the Attorney General determines to be appropriate, and
"(D) for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) under this subsection.
"(2) Authority in investigations. — In conducting investigations and hearings under this subsection —
"(A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, and
"(B) administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
"(3) Hearing. —
"(A) In general. — Before imposing an order described in paragraph (4) or (5) against a person or entity under this subsection for a violation of subsection (a), the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation
"(B) Conduct of hearing. — Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. The hearing shall be held at the nearest practicable place to the place where the person or entity resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General's imposition of the order shall constitute a final and unappealable order.
"(C) Issuance of orders. — If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated subsection (a), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (4) or (5).
"(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations. — With respect to a violation of subsection (a)(1)(A) or (a)(2), the order under this subsection —
"(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of —
"(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
"(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this subparagraph, or
"(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this
subparagraph; and
"(B) may require the person or entity —
"(i) to comply with the requirements of subsection (b) (or subsection (d) if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and
"(ii) to take such other remedial action as is appropriate.
In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
"(5) Order for civil money penalty for paperwork violations. — With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.
"(6) Administrative appellate review. — The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the Attorney General shall become a final order under this subsection. The Attorney General may not delegate the Attorney General's authority under this paragraph to any entity which has review authority over immigration-related matters.
"(7) Judicial review. — A person or entity adversely affected by a final order respecting an assessment may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.
"(8) Enforcement of orders. — If a person or entity fails to comply with a final order issued under this subsection against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review.
"(f) Criminal Penalties and Injunctions for Pattern or Practice Violations. —
"(1) Criminal penalty. — Any person or entity which engages in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $3,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than six months for the entire pattern or practice, or both, notwithstanding the provisions if any other Federal law relating to fine levels.
"(2) Enjoining of pattern or practice violations. — Whenever the Attorney General has reasonable cause to believe that a person or entity is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the person or entity, as the Attorney General deems necessary.
"(g) Prohibition of Indemnity Bonds. —
"(1) Prohibition. — It is unlawful for a person or other entity, in the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual.
"(2) Civil penalty. — Any person or entity which is determined, after notice and opportunity for an administrative hearing, to have violated paragraph (1) shall be subject to a civil penalty of $1,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.
"(h) Miscellaneous Provisions. —
"(1) Documentation. — In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) authorized to be employed in the United States, the Attorney General shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement.
"(2) Preemption. — The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
"(3) Definition of unauthorized alien. — As used in this section, the term 'unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.
"(i) Effective Dates. —
"(1) 6-month public information period. — During the six-month period beginning on the first day of the first month after the date of the enactment of this section —
"(A) the Attorney General, in cooperation with the Secretaries of Agriculture, Commerce, Health and Human Services, Labor, and the Treasury and the Administrator of the Small Business Administration, shall disseminate forms and information to employers, employment agencies, and organizations representing employees and provide for public education respecting the requirements of this section, and
"(B) the Attorney General shall not conduct any proceeding, nor issue any order, under this section on the basis of any violation alleged to have occurred during the period.
"(2) 12-month first citation period. — In the case of a person or entity, in the first instance in which the Attorney General has reason to believe that the person or entity may have violated subsection (a) during the subsequent 12-month period, the Attorney General shall provide a citation to the person or entity indicating that such a violation or violations may have occurred and shall not conduct any proceeding, nor issue any order, under this section on the basis of such alleged violation or violations.
"(3) Deferral of enforcement with respect to seasonal agricultural services. —
"(A) In general. — Except as provided in subparagraph (B), before the end of the application period (as defined in subparagraph (C)(i)), the Attorney General shall not conduct any proceeding, nor impose any penalty, under this section on the basis of any violation alleged to have occurred with respect to employment of an individual in seasonal agricultural services.
"(B) Prohibition of recruitment outside the united states. —
"(i) In general. — During the application period, it is unlawful for a person or entity (including a farm labor contractor) or an agent of such a person or entity, to recruit an unauthorized alien (other than an alien described in clause (ii)) who is outside the United States to enter the United States to perform seasonal agricultural services.
"(ii) Exception. — Clause (i) shall not apply to an alien who the person or entity reasonably believes meets the requirements of section 210(a)(2) of this Act (relating to performance of seasonal agricultural services).
"(iii) Penalty for violation. — A person, entity, or agent that violates clause (i) shall be deemed to be subject to a order under this section in the same manner as if it had violated paragraph (1)(A), without regard to paragraph (2) of this subsection.
"(C) Definitions. — In this paragraph:
"(i) Application period. — The term 'application period' means the period described in section 210(a)(1).
"(ii) Seasonal agricultural services. — The term 'seasonal agricultural services' has the meaning given such term in section 210(h).
"(j) General Accounting Office Reports. —
"(1) In general. — Beginning one year after the date of enactment of this Act, and at intervals of one year thereafter for a period of three years after such date, the Comptroller General of the United States shall prepare and transmit to the Congress and to the taskforce established under subsection (k) a report describing the results of a review of the implementation and enforcement of this section during the preceding twelve-month period, for the purpose of determining if —
"(A) such provisions have been carried out satisfactorily;
"(B) a pattern of discrimination has resulted against citizens or nationals of the United States or against eligible workers seeking employment; and
"(C) an unnecessary regulatory burden has been created for employers hiring such workers.
"(2) Determination on discrimination. — In each report, the Comptroller General shall make a specific determination as to whether the implementation of that section has resulted in a pattern of discrimination in employment (against other than unauthorized aliens) on the basis of national origin.
"(3) Recommendations. — If the Comptroller General has determined that such a pattern of discrimination has resulted, the report —
"(A) shall include a description of the scope of that discrimination, and
"(B) may include recommendations for such legislation as may be appropriate to deter or remedy such discrimination.
"(k) Review by Taskforce. —
"(1) Establishment of joint taskforce. — The Attorney General, jointly with the Chairman of the Commission on Civil Rights and the Chairman of the Equal Employment Opportunity Commission, shall establish a taskforce to review each report of the Comptroller General transmitted under subsection (j)(1).
"(2) Recommendations to congress. — If the report transmitted includes a determination that the implementation of this section has resulted in a pattern of discrimination in employment (against other than unauthorized aliens) on the basis of national origin, the taskforce shall, taking into consideration any recommendations in the report, report to Congress recommendations for such legislation as may be appropriate to deter or remedy such discrimination.
"(3) Congressional hearings. — The Committees on the Judiciary of the House of Representatives and of the Senate shall hold hearings respecting any report of the taskforce under paragraph (2) within 60 days after the date of receipt of the report.
"(l) Termination Date for Employer Sanctions. —
"(1) If report of widespread discrimination and congressional approval. — The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under subsection (j), if —
"(A) the Comptroller General determines, and so reports in such report, that a widespread pattern of discrimination has resulted against citizens or nationals of the United States or against eligible workers seeking employment solely from the implementation of this section; and
"(B) there is enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report.
"(2) Senate procedures for consideration. — Any joint resolution referred to in clause (B) of paragraph (1) shall be considered in the Senate in accordance with
subsection (n).
"(m) Expedited Procedures in the House of Representatives. — For the purpose of expediting the consideration and adoption of joint resolutions under subsection (l), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
"(n) Expedited Procedures in the Senate. —
"(1) Continuity of session. — For purposes of subsection (l), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated.
"(2) Rulemaking power. — Paragraphs (3) and (4) of this subsection are enacted —
"(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of joint resolutions referred to in subsection (l), and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and
"(B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate.
"(3) Committee consideration. —
"(A) Motion to discharge. — If the committee of the Senate to which has been referred a joint resolution relating to the report described in subsection (l) has not reported such joint resolution at the end of ten calendar days after its introduction, not counting any day which is excluded under paragraph (1) of this subsection, it is in order to move either to discharge the committee from further consideration of the joint resolution or to discharge the committee from further consideration of any other joint resolution introduced with respect to the same report which has been referred to the committee, except that no motion to discharge shall be in order after the committee has reported a joint resolution with respect to the same report.
"(B) Consideration of motion. — A motion to discharge under subparagraph (A) of this paragraph may be made only by a Senator favoring the joint resolution, is privileged, and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the joint resolution, the time to be divided equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
"(4) Motion to proceed to consideration. —
"(A) In general. — A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
"(B) Debate on resolution. — Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
"(C) Debate on motion. — Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
"(D) Motions to limit debate. — A motion in the Senate to further limit debate on a joint resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a joint resolutionis in order in the Senate.".
(2) Interim regulations. — The Attorney General shall, not later than the first day of the seventh month beginning after the date of the enactment of this Act, first issue, on an interim or other basis, such regulations as may be necessary in order to implement this section.
(3) Grandfather for current employees. — (A) Section 274A(a)(1) of the Immigration and Nationality Act shall not apply to the hiring, or recruiting or referring of an individual for employment which has occurred before the date of the enactment of this Act.
(B) Section 274A(a)(2) of the Immigration and Nationality Act shall not apply to continuing employment of an alien who was hired before the date of the enactment of this Act.
(b) Conforming Amendments to Migrant and Seasonal Agricultural Worker Protection Act. — (1) The Migrant and Seasonal Agricultural Worker Protection Act (Public Law 97-470) is amended —
(A) by striking out "101(a)(15)(H)(ii)" in paragraphs (8)(B) and (10)(B) of section 3 (29 U.S.C. 1802) and inserting in lieu thereof "101(a)(15)(H)(ii)(a)";
(B) in section 103(a) (29 U.S.C. 1813(a)) —
(i) by striking out "or" at the end of paragraph (4),
(ii) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; or", and
(iii) by adding at the end the following new paragraph:
"(6) has been found to have violated paragraph (1) or (2) of section 274A(a) of the Immigration and Nationality Act.";
(C) by striking out section 106 (29 U.S.C. 1816) and the corresponding item in the table of contents; and
(D) by striking out "section 106" in section 501(b) (29 .S.C. 1851(b)) and by inserting in lieu thereof "paragraph (1) or (2) of section 274A(a) of the Immigration and Nationality Act".
(2) The amendments made by paragraph (1) shall apply to the employment, recruitment, referral, or utilization of the services of an individual occurring on or after the first day of the seventh month beginning after the date of the enactment of this Act.
(c) Conforming Amendment to Table of Contents. — The table of contents is amended by inserting after the item relating to section 274 the following new item:

"Sec. 274A. Unlawful employment of aliens.".
(d) Study on the Use of a Telephone Verification System for Determining Employment Eligibility of Aliens. — (1) The Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall conduct a study for use by the Department of Justice in determining employment eligibility of aliens in the United States. Such study shall concentrate on those data bases that are currently available to the Federal Government which through the use of a telephone and computation capability could be used to verify instantly the employment eligibility status of job applicants who are aliens.
(2) Such study shall be conducted in conjunction with any existing Federal program which is designed for the purpose of providing information on the resident or employment status of aliens for employers. The study shall include an analysis of costs and benefits which shows the differences in costs and efficiency of having the Federal Government or a contractor perform this service. Such comparisons should include reference to such technical capabilities as processing techniques and time, verification techniques and time, backup safeguards, and audit trail performance.
(3) Such study shall also concentrate on methods of phone verification which demonstrate the best safety and service standards, the least burden for the employer, the best capability for effective enforcement, and procedures which are within the boundaries of the Privacy Act of 1974.
(4) Such study shall be conducted within twelve months of the date of enactment of this Act.
(5) The Attorney General shall prepare and transmit to the Congress a report —
(A) not later than six months after the date of enactment of this Act, describing the status of such study; and
(B) not later than twelve months after such date, setting forth the findings of such study.
(e) Feasibility Study of Social Security Number Validation System. — The Secretary of Health and Human Services, acting through the Social Security Administration and in cooperation with the Attorney General and the Secretary of Labor, shall conduct a study of the feasibility and costs of establishing a social security number validation system to assist in carrying out the purposes of section 274A of the Immigration and Nationality Act, and of the privacy concerns that would be raised by the establishment of such a system. The Secretary shall submit to the Committees on Ways and Means and Judiciary of the House of Representatives and to the Committees on Finance and Judiciary of the Senate, within 2 years after the date of the enactment of this Act, a full and complete report on the results of the study together with such recommendations as may be appropriate.
(f) Counterfeiting of Social Security Account Number Cards. — (1) The Comptroller General of the United States, upon consultation with the Attorney General and the Secretary of Health and Human Services as well as private sector representatives (including representatives of the financial, banking, and manufacturing industries), shall inquire into technological alternatives for producing and issuing social security account number cards that are more resistant to counterfeiting than social security account number cards being issued on the date of enactment of this Act by the Social Security Administration, including the use of encoded magnetic, optical, or active electronic media such as magnetic stripes, holograms, and integrated circuit chips. Such inquiry should focus on technologies that will help ensure the authenticity of the card, rather than the identity of the bearer.
(2) The Comptroller General of the United States shall explore additional actions that could be taken to reduce the potential for fraudulently obtaining and using social security account number cards.
(3) Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and transmit to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and the Committee on the Judiciary and the Committee on Finance of the Senate a report setting forth his findings and recommendations under this subsection.

SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) In General. — Chapter 8 of title II is further amended by inserting after section 274A, as inserted by section 101(a), the following new section:
"Unfair Immigration-Related Employment Practices
"Sec. 274B. (a) Prohibition of Discrimination Based on National Origin or Citizenship Status. —
"(1) General rule. — It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment —
"(A) because of such individual's national origin, or
"(B) in the case of a citizen or intending citizen (as defined in paragraph (3)), because of such individual's citizenship status.
"(2) Exceptions. — Paragraph (1) shall not apply to —
"(A) a person or other entity that employs three or fewer employees,
"(B) a person's or entity's discrimination because of an individual's national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964, or
"(C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
"(3) Definition of citizen or intending citizen. — As used in paragraph (1), the term 'citizen or intending citizen' means an individual who —
"(A) is a citizen or national of the United States, or
"(B) is an alien who —
"(i) is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residenceunder section 245A(a)(1), is admitted as a refugee under section 207, or is granted asylum under section 208, and
"(ii) evidences an intention to become a citizen of the United States through completing a declaration of intention to become a citizen; but does not include (I) an alien who fails to apply fornaturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after the date of the enactment of this section and (II) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period.
"(4) Additional exception providing right to preferequally qualified citizens. — Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
"(b) Charges of Violations. —
"(1) In general. — Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on that person's behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such practice or violation with the Special Counsel (appointed under subsection (c)). Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Special Counsel by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged unfair immigration-related employment practice) on the person or entity involved within 10 days.
"(2) No overlap with eeoc complaints. — No charge may be filed respecting an unfair immigration-related employment practice described in subsection (a)(1)(A) if a charge with respect to that practice based on the same set of facts has been filed with the Equal Employment Opportunity Commission under title VII of the Civil Rights Act of 1964, unless the charge is dismissed as being outside the scope of such title. No charge respecting an employment practice may be filed with the Equal Employment Opportunity Commission under such title if a charge with respect to such practice based on the same set of facts has been filed under this subsection, unless the charge is dismissed under this section as being outside the scope of this section.
"(c) Special Counsel. —
"(1) Appointment. — The President shall appoint, by and with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices (hereinafter in this section referred to as the 'Special Counsel') within the Department of Justice to serve for a term of four years. In the case of a vacancy in the office of the Special Counsel the President may designate the officer or employee who shall act as Special Counsel during such vacancy.
"(2) Duties. — The Special Counsel shall be responsible for investigation of charges and issuance of complaints under this section and in respect of the prosecution of all such complaints before administrative law judges and the exercise of certain functions under subsection (j)(1).
"(3) Compensation. — The Special Counsel is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule, under section 5332 of title 5, United States Code.
"(4) Regional offices. — The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties.
"(d) Investigation of Charges. —
"(1) By special counsel. — The Special Counsel shall investigate each charge received and, within 120 days of the date of the receipt of the charge, determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his own initiative, conduct investigations respecting unfair immigration-related employment practices and, based on such an investigation and subject to paragraph (3), file a complaint before such a judge.
"(2) Private actions. — If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice which alleges knowing and intentional discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within such 120-day period, the person making the charge may (subject to paragraph (3)) file a complaint directly before such a judge.
"(3) Time limitations on complaints. — No complaint may be filed respecting any unfair immigration-related employment practice occurring more than 180 days prior to the date of the filing of the charge with the Special Counsel. This subparagraph shall not prevent the subsequent amending of a charge or complaint under subsection (e)(1).
"(e) Hearings. —
"(1) Notice. — Whenever a complaint is made that a person or entity has engaged in or is engaging in any such unfair immigration-related employment practice, an administrative law judge shall have power to issue and cause to be served upon such person or entity a copy of the complaint and a notice of hearing before the judge at a place therein fixed, not less than five days after the serving of the complaint. Any such complaint may be amended by the judge conducting the hearing, upon the motion of the party filing the complaint, in the judge's discretion at any time prior to the issuance of an order based thereon. The person or entity so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint.
"(2) Judges hearing cases. — Hearings on complaints under this subsection shall be considered before administrative law judges who are specially designated by the Attorney General as having special training respecting employment discrimination and, to the extent practicable, before such judges who only consider cases under this section.
"(3) Complainant as party. — Any person filing a charge with the Special Counsel respecting an unfair immigration-related employment practice shall be considered a party to any complaint before an administrative law judge respecting such practice and any subsequent appeal respecting that complaint. In the discretion of the judge conducting the hearing, any other person may be allowed to intervene in the said proceeding and to present testimony.
"(f) Testimony and Authority of Hearing Officers. —
"(1) Testimony. — The testimony taken by the administrative law judge shall be reduced to writing.Thereafter, the judge, in his discretion, upon notice may provide for the taking of further testimony or hear argument.
"(2) Authority of administrative law judges. — In conducting investigations and hearings under this subsection and in accordance with regulations of the Attorney General, the Special Counsel and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated. The administrative law judges by subpoena may compel the attendance of witnesses and the production of evidence at any designated place or hearing. In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the administrative law judge, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
"(g) Determinations. —
"(1) Order. — The administrative law judge shall issue and cause to be served on the parties to the proceeding an order, which shall be final unless appealed as provided under subsection (i).
"(2) Orders finding violations. —
"(A) In general. — If, upon the preponderance of the evidence, an administrative law judge determines that that any person or entity named in the complaint has engaged in or is engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue and cause to be served on such person or entity an order which requires such person or entity to cease and desist from such unfair immigration-related employment practice.
"(B) Contents of order. — Such an order also may require the person or entity —
"(i) to comply with the requirements of section 274A(b) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years;
"(ii) to retain for the period referred to in clause (i) and only for purposes consistent with section 274A(b)(5), the name and address of each individual who applies, in person or in writing, for hiring for an existing position, or for recruiting or referring for a fee, for employment in the United States;
"(iii) to hire individuals directly and adversely affected, with or without back pay; and
"(iv)(I) except as provided in subclause (II), to pay a civil penalty of not more than $1,000 for each individual discriminated against, and
"(II) in the case of a person or entity previously subject to such an order, to pay a civil penalty of not more than $2,000 for each individual discriminated against.
"(C) Limitation on back pay remedy. — In providing a remedy under subparagraph (B)(iii), back pay liability shall not accrue from a date more than two years prior to the date of the filing of a charge with an administrative law judge. Interim earnings or amounts earnable with reasonable diligence by the individual or individuals discriminated against shall operate to reduce the back pay otherwise allowable under such subparagraph. No order shall require the hiring of an individual as an employee or the payment to an individual of any back pay, if theindividual was refused employment for any reason other than discrimination on account of national origin or citizenship status.
"(D) Treatment of distinct entities. — In applying this subsection in the case of a person or entity composed of distinct, physicially separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
"(3) Orders not finding violations. — If upon the preponderance of the evidence an administrative law judge determines that the person or entity named in the complaint has not engaged or is not engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue an order dismissing the complaint.
"(h) Awarding of Attorneys' Fees. — In any complaint respecting an unfair immigration-related employment practice, an administrative law judge, in the judge's discretion, may allow a prevailing party, other than the United States, a reasonable attorney's fee, if the losing party's argument is without reasonable foundation in law and fact.
"(i) Review of Final Orders. —
"(1) In general. — Not later than 60 days after the entry of such final order, any person aggrieved by such final order may seek a review of such order in the United States court of appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business.
"(2) Further review. — Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code.
"(j) Court Enforcement of Administrative Orders. —
"(1) In general. — If an order of the agency is not appealed under subsection (i)(1), the Special Counsel (or, if the Special Counsel fails to act, the person filing the charge) may petition the United States district court for the district in which a violation of the order is alleged to have occurred, or in which the respondent resides or transacts business, for the enforcement of the order of the administrative law judge, by filing in such court a written petition praying that such order be enforced.
"(2) Court enforcement order. — Upon the filing of such petition, the court shall have jurisdiction to make and enter a decree enforcing the order of the administrative law judge. In such a proceeding, the order of the administrative law judge shall not be subject to review.
"(3) Enforcement decree in original review. — If, upon appeal of an order under subsection (i)(1), the United States court of appeals does not reverse such order, such court shall have the jurisdiction to make and enter a decree enforcing the order of the administrative law judge.
"(4) Awarding of attorney's fees. — In any judicial proceeding under subsection (i) or this subsection, the court, in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs but only if the losing party's argument is without reasonable foundation in law and fact.
"(k) Termination Dates. —
"(1) This section shall not apply to discrimination in hiring, recruiting, referring, or discharging of individuals occurring after the date of any termination of the provisions of section 274A, under subsection (l) of that section.
"(2) The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under section 274A(j) if —
"(A) the Comptroller General determines, and so reports in such report that —
"(i) no significant discrimination has resulted, against citizens or nationals of the United States or against any eligible workers seeking employment, from the implementation of section 274A, or
"(ii) such section has created an unreasonable burden on employers hiring such workers; and
"(B) there has been enacted, within such period of 30 calender days, a joint resolution stating in substance that the congress approves the findings of the Comptroller General con tained in such report.
The provisions of subsections (m) and (n) of section 274A shall apply to any joint resolution undr subparagraph (B) in the same manner as they apply to a joint resolution under subsection (1) of such section.".
(b) No Effect on EEOC Authority. — Except as may be specifically provided in this section, nothing in this section shall be construed to restrict the authority of the Equal Employment Opportunity Commission to investigate allegations, in writing and under oath or affirmation, of unlawful employment practices, as provided in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other authority provided therein.
(c) Clerical Amendment. — The table of contents is amended by inserting after the item relating to section 274A (as added by section 101(c)) the following new item:
"Sec. 274B. Unfair immigration-related employment practices.".
SEC. 103. FRAUD AND MISUSE OF CERTAIN IMMIGRATION-RELATED DOCUMENTS.
(a) Application to Additional Documents. — Section 1546 of title 18, United States Code, is amended —
(1) by amending the heading to read as follows:
"Sec. 1546. Fraud and misuse of visas, permits, and other documents";
(2) by striking out "or other document required for entry into the United States" in the first paragraph and inserting in lieu thereof "border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States";
(3) by striking out "or document" in the first paragraph and inserting in lieu thereof "border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States";
(4) by striking out "$2,000" and inserting in lieu thereof "in accordance with this title";
(5) by inserting "(a)" before "Whoever" the first place it appears; and
(6) by adding at the end the following new subsections:
"(b) Whoever uses —
"(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
"(2) an identification document knowing (or having reason to know) that the document is false, or
"(3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined in accordance with this title, or imprisoned not more than two years, or both.
"(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).".

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Approved November 6, 1986.