Page:United States Statutes at Large Volume 100 Part 4.djvu/1070

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3416

PUBLIC LAW 99-603—NOV. 6, 1986

"(0 VIOLATORS DISQUALIFIED FOR 5 YEARS.—An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission. "(g) AUTHORIZATIONS OF APPROPRIATIONS.—(1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes— "(A) of recruiting domestic workers for temporary labor and ,&rf services which might otherwise be performed by nonimmigrants described in section 101(a)(15)(H)(ii)(a), and Ante, p. 3411. "(B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States. "(2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section. "(3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under section 212(a)(14). 8 USC 1182. "(4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretary's duties and responsibilities under this section. "(h) MISCELLANEOUS PROVISIONS.—(1) The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in section 101(a)(15)(H)(ii) as may be necAnte, p. 3411. essary to carry out this section and to provide notice for purposes of Ante, p. 3360. section 274A. State and local "(2) The provisions of subsections (a) and (c) of section 214 and the governments. provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers, "(i) DEFINITIONS.—For purposes of this section: "(1) The term 'eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as rt >i defined in section 274A(h)) with respect to that employment. "(2) The term *H-2A worker' means a nonimmigrant described in section 101(a)(15)(H)(ii)(a).". (d) EFFECTIVE DATE.—The amendments made by this section apply 8 USC 1186 note. to petitions and applications filed under sections 214(c) and 216 of the Immigration and Nationality Act on or after the first day of the seventh month beginning after the date of the enactment of this Act (hereinafter in this section referred to as the "effective date"). 8 USC 1186 note. (e) REGULATIONS.—The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve Ante, p. 3411. all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) Ante, p. 3411. and 216 of the Immigration and Nationality Act. Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date. President of U.S. 8 USC 1186 note.

(f) SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO.—

It is the sense of Congress that the President should establish an advisory commission which shall consult with the Governments of