2. P.L. 100-202, the Further Continuing Appropriations Act, FY88, included FY88 appropriations of $741,114,000 for INS within the Justice Department (101 Stat. 1329-12); $346,933,000 for the Office of Refugee Resettlement within HHS (101 Stat. 1329-271); and $870,000 for the Commission for the Study of International Migration and Cooperative Economic Development created by IRCA (101 Stat. 1329-31). Included provisions relating to Amerasian immigration (101 Stat. 1329-183), and prohibiting the implementation of proposed INS H-1 regulations (101 Stat. 1329-17); as well as provisions similar to those in P.L. 100-204 relating to Cuban political prisoners (101 Stat. 1329-39); Indochinese refugee resettlement (101 Stat. 1329-40), and legalization of status of certain aliens previously granted extended voluntary departure (EVD) (101 Stat. 1329-43).

3. P.L. 100-204, the Foreign Relations Authorization Act, FY88-FY89, included the Moynihan-Frank amendment, a temporary prohibition against the exclusion or deportation of aliens on certain political and ideological grounds (101 Stat. 1399); as well as provisions relating to the legalization of status of certain aliens previously granted EVD (101 Stat. 1400), Cuban political prisoners (101 Stat. 1401), and Indochinese resettlement (101 Stat. 1402). Also authorizedds for migration and refugee assistance for FY88-89 (101 Stat. 1337); required study and report concerning the status of individuals with diplomatic immunity in the United States (101 Stat. 1345); and required report on visa information system on drug traffickers (101 Stat. 1397). 4. P.L. 100-239, the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Jan. 11, 1988; 101 Stat. 1778), added a new section 8704 to title 46, U.S. Code deeming certain individuals employed on fishing vessels as employed in the United States for the purposes of the employer sanctions provisions of section 274A of the INA (101 Stat. 1781).

5. P.L. 100-242, the Housing and Community Development Act of 1987 (Feb. 5, 1988; 101 Stat. 1815), amended section 214 of the Housing and Community Development Act of 1980 to revise SAVE verification and enforcement procedures added by section 121(a)(2) of IRCA, and the provision for reimbursement added by section 121(b)(6) of IRCA (101 Stat. 1861).

6. P.L. 100-393, the Dire Emergency Supplemental Appropriations Act, FY88 (Aug. 14, 1988; 102 Stat. 969), included an appropriation of $24 million for the U.S. Emergency Migration and Refugee Assistance Fund authorized by section 2(c) of the Migration and Refugee Assistance Act of 1962, of which not less than $6 million was to be made available for Soviet and other Eastern European refugees (102 Stat. 973). 7. P.L. 100-435, the Hunger Prevention Act of 1988 (Sept. 19, 1988), made a technical redesignation of the provision of the Food Stamp Act authorizing appropriations for administration of SAVE program, as added by section 121(b)(5) of IRCA (101 Stat. 1662).

8. P.L. 100-436, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, FY89 (Sept. 20, 1988; 102 Stat. 1680), included an appropriation of $382,356,000 for HHS's Office of Refugee Resettlement (ORR) (102 Stat. 1696, 1716).

9. P.L. 100-449, the United States-Canada Free-Trade Agreement Implementation Act of 1988, provided for reciprocal treatment of Canadian citizens as nonimmigrant treaty traders under section 101(a)(15) (E) of the INA (102 Stat. 1876).

10. P.L. 100-459, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, FY89, included an appropriation for INS of $800 million plus any unused user fees from the immigration legalization program (102 Stat. 2196); and appropriations of $500,000 for the Commission on Agricultural Workers (102 Stat. 2214), and $1,290,000 for the Commission for the Study of International Migration and Cooperative Economic Development (102 Stat. 2216), both created by IRCA. Continued the ban against adoption of H-1 regulations previously proposed by INS (102 Stat. 2203).

11. P.L. 100-461, the Foreign Operations, Export Financing, and Related Programs Appropriations Act FY89, in section 555 amended section 901 of P.L. 100-204 (the Moynihan-Frank amendment) to extend the temporary prohibition against the exclusion or deportation of aliens on certain political or ideological grounds to 1991, but only for nonimmigrants. Also prohibited the USIA from using any funds in FY88-89 to end its J-1 au pair program, and required a GAO study of the cultural exchange program under section 101(a)(15)(J) of the INA.

12. P.L. 100-504, the Inspector General Act Amendments of 1988 (title I) (Oct. 18, 1988; 102 Stat. 2515), established new Office of Inspector General in certain Departments, including Justice (102 Stat. 2515), and transferred the functions of three offices of INS to Justice's Inspector General's office (102 Stat. 2516).

13. P.L. 100-658, the Immigration Amendments of 1988 (Nov. 15, 1988), made 10,000 immigrant visas available each year for FY90-91 to underrepresented coun

tries in the immigrant visa allocation in FY88; and extended H-1 nonimmigrant
status for certain registered nurses through Dec. 1, 1989.

14. P.L. 100-690, the Anti-Drug Abuse Act of 1988 (Nov. 18. 1988), required denial
of passports to certain convicted drug traffickers (sec. 4603); required development of
a machine-readable document border security program (sec. 4604); authorized appro-
priations for specified INS personnel enhancement (sec. 6151); provided for INS for-
eign language training (sec. 6165); and included a supplemental FY89 appropriation
of $26.2 million for INS (title X).

15. H. Con Res. 303, commending humanitarian treatment of Southeast Asian ref-
ugees and urging further measures to ensure humanitarian treatment of refugees
(passed House Oct. 5, 1988, Senate Oct. 12, 1988).

C. Legislation Regulating Alien Participation in Federal Assistance Programs and
Other Federal Activities

1. P.L. 100-202, the Further Continuing Appropriations Act, continued the prohi-
bition against the use of Legal Services Corporation funds for most aliens not admit-
ted for permanent residence (101 Stat. 1329-33); continued the ban against the use
of military construction funds for illegal aliens (101 Stat.liation Act, added section
1611(c)(5) to the Social Security Act, to disregard, in the computation of income for
the purposes of Supplemental Security Income (SSI), payments under section 412(e)
of the INA (relating to assistance for refugees) and payments under section 501(a) of
P.L. 96-422 (relating to assistance for Cuban and Haitian entrants) (101 Stat. 1330-
301).

3. P.L. 100-239, the Commercial Fishing Industry Vessel Anti-Reflagging Act of
1987, set forth requirements relating to the manning by aliens of certain fishing ves-
sels (101 Stat. 1780).

4. P.L. 100-242, the Housing and Community Development Act of 1987, in section
164 (entitled Modification of restriction on use of assisted housing by aliens) amend-
ed section 214 of the Housing and Community Development Act of 1980 to add
aliens legalized either temporarily or permanently under section 245A of the INA to
those eligible for housing assistance; and to add a new subsection (c), modifying re-
strictions (101 Stat. 1860).

5. P.L. 100-297, the Augustus F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988 (Apr. 28, 1988; 102 Stat. 130), in
section 1001 rewrote the Elementary and Secondary Education Act of 1965, includ-
ing part D of title IV, sections 4401-4410 ("Emergency Immigrant Education Act of
1984"), dealing with Federal assistance for immigrant education (102 Stat. 242).

6. P.L. 100-442, the Treasury, Postal Service and General Government Appropria-
tions Act, FY89 (Sept. 22, 1988; 102 Stat. 1721), continued the2 Stat. 1829), continued
the ban against the use of military construction funds for illegal aliens (102 Stat.
1833).

8. P.L. 100-459, the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, FY89, continued the prohibition against
the use of Legal Services Corporation funds for most aliens not admitted for perma-
nent residence (102 Stat. 2225).

9. P.L. 100-647, the Technical and Miscellaneous Revenue Act of 1988 (Nov. 10,
1988), amended section 202(n) of the Social Security Act to deny Social Security ben-
efits to aliens deported under section 241(a)(19) of the INA (relating to Nazi persecu-
tion) (section 8004).

I. 101st CONGRESS, 1989-1990

A. Legislation Amending the INA or IRCA

1. P.L. 101-162, the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat. 988),
amended section 101(b)(2) of the INA, relating to the adoption of illegitimate chil-
dren of U.S. fathers (103 Stat. 1038).

2. P.L. 101-166, the Departments of Labor, Health and Human Services, and Edu-
cation, and Related Agencies Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat.
1159), amended section 204(a)(1) of IRCA to reduce the FY90 State legalization
impact assistance grant (SLIAG) appropriation of $1 billion by $555.2 million and to
appropriate this amount for FY92 (103 Stat. 1174).

3. P.L. 101-238, the Immigration Nursing Relief Act of 1989 (Dec. 18, 1989; 103
Stat. 2099), amended sections 101(a)(15)(H)(i) and 212 of the INA to establish condi-
tions for the admission during a 5-year period of nurses as H-1 temporary workers
(103 Stat. 2100); and amended section 210 relating to SAW fraud (103 Stat. 2103). It
amended section 204(c) of IRCA to authorize additional uses of SLIAG funds (103
Stat. 2104).

4. P.L. 101-246, the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Feb. 16, 1990; 104 Stat. 15), amended section 212(a) and 212(h) of the INA to provide for the exclusion of certain aliens involved in serious criminal activity who have asserted immunity from prosecution, and to allow for a waiver (104 Stat. 31). 5. P.L. 101-249, the Posthumous Citizenship for Active Duty Service Act of 1989 (Mar. 6, 1990; 104 Stat. 94), amended the INA by adding a new section 329A providing for posthumous citizenship for active duty service in the U.S. Armed Forces.

6. P.L. 101-515, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 2101), amended section 286 of the INA relating to inspection fees and processing time for alien airline passengers, and to land border inspection fees on a 3-year pilot project basis (104 Stat. 2120).

7. P.L. 101-517, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 2190), amended section 204(a)(1) of IRCA to reduce the FY91 SLIAG appropriation of $1 billion by $566.9 million and to provide for the appropriation in FY92 of SLIAG funds cut in FY90 and FY91 (104 Stat. 2206).

9. P.L. 101-649, the Immigration Act of 1990 (Nov. 29, 1990; 104 Stat. 4978), extensively amended the INA to revise the regulation of legal immigration, the work-related nonimmigrant categories, the grounds for exclusion and deportation, naturalization procedures, and other provisions.

B. Legislation Affecting the INA, IRCA, INS Operations, or Refugees

1. P.L. 101-45, the Dire Emergency Supplemental Appropriations Act, 1989 (June 30, 1989; 103 Stat. 97), included $85 million for the State Department's Migration and Refugee Assistance Account for Soviet and other Eastern European admissions resulting from an increase in the FY89 refugee ceiling (103 Stat. 101).

2. P.L. 101-162, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat. 988), appropriated $828.3 million for INS within the Justice Department (103 Stat. 999); $35 million for the immigration emergency fund authorized by section 404(b) of the INA (103 Stat. 1000); up to $21.5 million for the Community Relations Service within the Justice Department for the care of Cuban and Haitian entrants (103 Stat. 997); and $5 million to reimburse States for incarcerating Mariel Cubans (103 Stat. 1002).

3. P.L. 101-166, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat. 1159), appropriated $368.8 million for HHS Refugee and Entrant Assistance, of which $210 million was earmarked for State cash and medical assistance (103 Stat. 1174).

4. P.L. 101-167, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat 1195), appropriated $370 million for the State Department's Migration and Refugee Assistance account, including the refugee admissions program, and earmarked $15 million for HHS (103 Stat. 1210); required the Attorney General to establish certain categories of Soviet and Indochinese nationals for which evidence needed to prove refugee status is lessened through Sept. 30, 1990 (section 599D; 103 Stat. 1261); and provided for adjustment to permanent resident status for certain Soviet and Indochinese nationals granted parole prior to Sept. 30, 1990 (section 599E; 103 Stat. 1263).

5. P.L. 101-189, the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Nov. 29, 1989; 103 Stat. 1352), extended through Dec. 31, 1991 the H-1 nonimmigrant status of certain aliens employed in cooperative research and development projects and coproduction projects (103 Stat. 1538). [A related permanent provision was included in P.L. 101-649, the Immigration Act of 1990 (104 Stat. 5028).]

6. P.L. 101-193, the Intelligence Authorization Act, Fiscal Year 1990 (Nov. 30, 1989; 103 Stat. 1701), set forth naturalization requirements for staff of the U.S. Army Russian Institute in Garmisch, Germany, under section 319(c) of the INA (103 Stat. 1709).

7. P.L. 101-238, the Immigration Nursing Relief Act of 1989 (Dec. 18, 1989; 103 Stat 2099), provided for adjustment to permanent resident status for certain H-1 nonimmigrant nurses.

8. P.L. 101-246, the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Feb. 16, 1990; 104 Stat. 15), required a State Department report on the feasibility of a compensation program for crimes committed by aliens with diplomatic immunity (104 Stat. 31); and made permanent the so-called Moynihan-Frank amendment (P.L. 100-204, section 901, as amended) barring the exclusion or deportation of nonimmigrants for beliefs, statements, or associations which would be constitutional

for U.S. citizens (104 Stat. 30). [The Moynihan-Frank amendment was repealed by P.L. 101-649, the Immigration Act of 1990 (104 Stat. 5084).]

9. P.L. 101-302, the Dire Emergency Supplemental Appropriations Act, 1990 (May 25, 1990; 104 Stat. 213), appropriated $70 million for the refugee admissions program under the State Department's Migration and Refugee Assistance account, and required full funding of refugee admissions numbers for Soviet Union Evangelicals (104 Stat. 222); and appropriated $6 million for HHS targeted assistance, of which $5 million was earmarked for Cuban/Haitian entrants (104 Stat. 233).

10. P.L. 101-382, the Customs and Trade Act of 1990 (Aug. 20, 1990; 104 Stat. 629), directed AID to establish a program providing scholarships to students from the Caribbean and Central America (104 Stat. 661); and required a demonstration preclearance program in a Caribbean country, with participation by INS as specified (104 Stat. 663).

11. P.L. 101-454, the Eisenhower Exchange Fellowship Act of 1990 (Oct. 24, 1990; 104 Stat. 1063), required the USIA to continue to implement its J-1 au pair programs until such programs are authorized and implemented by another Government agency; and provided for the use of Eisenhower Exchange Fellowships by foreign students and for an agricultural exchange program (104 Stat. 1065).

12. P.L. 101-508, the Omnibus Budget Reconciliation Act of 1990 (Nov. 5, 1990; 104 Stat. 1388), included provisions exempting certain aliens legalized under the INA from prosecution for misreporting of earnings or misuse of social security account numbers or cards (sec. 5121, 104 Stat. 1388-283); and required that commercial airlines and passenger cruise ship lines transporting passengers to the United States be charged a U.S. Travel and Tourism Facilitation Fee based on the number of B nonimmigrant visitors transported (sec. 10301, 104 Stat. 1388-395).

13. P.L. 101-513, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat 1979), appropriated $485.6 million for the State Department's Migration and Refugee Assistance account, including the U.S. refugee admissions program (104 Stat. 1995); removed the deadline on the Amerasian immigration provision in section 584 of P.L. 100-202, and amended it to provide that married Amerasians could be accompanied by both their spouses and mothers (104 Stat. 1996); and extended the so-called Lautenberg amendment, section 599D and 599E of P.L. 101-167, through Sept. 30, 1992 (104 Stat. 2063). 14. P.L. 101-515, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 2101), appropriated $884 million for INS (104 Stat. 2113); up to $19.6 million for the Community Relations Service for the care of Cuban/Haitian entrants (104 Stat. 2111); $5 million to reimburse States for incarcerating Mariel Cubans (104 Stat. 2116); and $1.5 million for the Commission on Agricultural Workers (104 Stat. 2135).

15. P.L. 101-517, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 2190), appropriated $410.6 million for HHS Refugee and Entrant Assistance, of which $234.2 million was earmarked for State cash and medical assistance (104 Stat. 2205, 2222).

16. P.L. 101–624, the Food, Agriculture, Conservation, and Trade Act of 1990 (Nov. 28, 1990; 104 Stat. 3359), amended the Food Stamp Act to require only one signature per household for food stamp applications, certifying that all members of the household are either citizens or aliens eligible to receive food stamps (104 Stat. 3793). [This provision has the effect of overriding the individual immigration status verification requirement for food stamp applicants under the SAVE program created by section 121 of IRCA.]

17. P.L. 101-649, the Immigration Act of 1990 (Nov. 29, 1990; 104 Stat. 4978), in addition to amending the INĂ, included a series of free-standing provisions such as those establishing the temporary diversity programs and the Commission on Legal Immigration Reform (104 Stat. 5000-5001), the temporary or limited nonimmigrant provisions (104 Stat. 5027-5028), and the family unity provisions (104 Stat. 5029). C. Legislation Regulating Alien Participation in Federal Assistance Programs and Other Federal Activities

1. P.L. 101-136, the Treasury, Postal Service, and General Government Appropriations Act, 1990 (Nov. 3, 1989; 103 Stat. 783), continued the Government-wide ban against the employment of non-citizens, with specified exceptions (103 Stat. 816). 2. P.L. 101-162, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Nov. 21, 1989; 103 Stat. 988), continued the prohibition against the use of Legal Services Corporation funds for most aliens not admitted for permanent residence (103 Stat. 1033).

3. P.L. 101-239, the Omnibus Budget Reconciliation Act of 1989 (Dec. 19, 1989; 103 Stat. 2106), amended the Internal Revenue Code to prohibit termination of Social Security coverage of U.S. citizens and permanent resident aliens employed abroad by a foreign affiliate of an American employer (103 Stat. 2472).

4. P.L. 101-509, the Treasury, Postal Service, and General Government Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 1389), continued the Government-wide ban against the employment of non-citizens, with specified exceptions (104 Stat. 1471). 5. P.L. 101-515, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Nov. 5, 1990; 104 Stat. 2101), continued the prohibition against the use of Legal Services Corporation funds for most aliens not admitted for permanent residence (104 Stat. 2150).

6. P.L. 101-589, the Excellence in Mathematics, Science and Engineering Education Act of 1990 (Nov. 16, 1990; 104 Stat. 2881), amended the National Science Foundation Act of 1950 to make permanent resident aliens eligible for graduate fellowships (104 Stat. 2895).

7. P.L. 101-595, the Federal Maritime Commission Authorization Act of 1990 (Nov. 16, 1990; 104 Stat. 2979), provided that, effective through Oct. 1, 2000, permanent resident aliens operating fishing vessels off the coast of California will be treated as U.S. citizens for the purpose of restrictions on non-U.S. citizens (104 Stat. 2988).

I. 102d CONGRESS, 1st Session, 1991

A. Legislation Amending the INA, IRCA, or IMMACT'90

1. P.L. 102-65 (July 2, 1991; 105 Stat. 322) amended section 303(b)(1)(C) of IMMACT'90 to extend for 4 months, until October 31, 1991, the application deadline for special temporary protected status for Salvadorans.

2. P.L. 102-110, Armed Forces Immigration Adjustment Act of 1991 (Oct. 1, 1991), amended section 101(a)(27) of the INA to provide special immigrant status for aliens who have served honorably in the U.S. Armed Forces for at least 12 years (105 Stat. 555); amended section 214(g)(1)(C) of the INA to delay until April 1, 1992, implementation of provisions relating to O and P artist, entertainer, and athlete nonimmigrants (105 Stat. 557); amended section 161(c) of IMMACT'90 to provide for automatic conversion of employment-based immigrant petitions to new categories (105 Stat. 557); amended section 414(a) of the INA to authorize FY 1992 appropriations for refugee resettlement assistance (105 Stat. 558).

3. P.L. 102-140, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 (Oct. 28, 1991; 105 Stat. 782), amended section 245A(c)(7) of the INA to make available up to $3 million annually of the unobligated balances from legalization application fees for grants for community-based outreach programs regarding immigration-related unfair employment practices (105 Stat. 785).

4. P.L. 102-170, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992 (Nov. 26, 1991; 105 Stat. 1107), amended section 204 of IRCA to defer $1.1 billion in State legalization impact assistance grant (SLIAG) funds to FY 1993 and to require that State allocations be made no later than October 15, 1992 (105 Stat. 1124).

5. P.L. 102-232, the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Dec. 12, 1991; 105 Stat. 1733), amended section 310 of the INA to restore exclusive authority to the courts during a specified time period to administer oaths of allegiance for naturalization (105 Stat. 1733); revised provisions of the INA relating to O and P artist, entertainer, and athlete nonimmigrants (105 Stat. 1736); and made extensive miscellaneous and technical corrections to the immigration laws, including INA, IRCA, and IMMACT'90 (105 Stat. 1742).

B. Legislation Affecting the INA, IRCA, IMMACT'90, INS Operations, or Refugees 1. P.L. 102-138, Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Oct. 28, 1991; 105 Stat. 647), prohibited the Secretary of State from including in the Automated Visa Lookout System the names of aliens not excludable under the INA, with exceptions for law enforcement and other lawful purposes set forth in regulation; and required the Secretary to report to Congress on all visa denials on the grounds of terrorist activities or foreign policy (105 Stat. 661).

2. P.L. 102-140, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 (Oct. 28, 1991; 105 Stat. 782), appropriated $938.2 million for INS within the Department of Justice, of which $312.5 million was earmarked for the Border Patrol (105 Stat. 789); up to $18.2 million for the Justice Department's Community Relations Service for use relating to Cuban and Haitian entrants (105 Stat. 787); $5 million to reimburse States for incarcerat