[Congressional Record Volume 142, Number 127 (Monday, September 16, 1996)]
[Senate]
[Page S10609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MOYNIHAN:
  S. 2079. A bill to repeal the prohibition against State restrictions 
on communications between government agencies and the INS; to the 
Committee on the Judiciary.


             alien information provision repeal legislation

 Mr. MOYNIHAN. Mr. President, on Wednesday, September 11, Mayor 
Rudolph W. Giuliani of New York City delivered an address at Georgetown 
University Law School about an obscure provision in the recently passed 
welfare legislation. The provision, section 434 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, states:

       Notwithstanding any other provision of Federal, State, or 
     local law, no State or local government entity may be 
     prohibited, or in any way restricted, from sending to or 
     receiving from the Immigration and Naturalization Service 
     (INS) information regarding the immigration status, lawful or 
     unlawful, of an alien in the United States.

Mayor Giuliani said it would ``create chaos in New York City.'' I agree 
with him that this provision is ill-advised and threatens the public 
health and safety of residents of New York City. It conflicts with a 
1985 executive order issued by then-Mayor Edward I. Koch prohibiting 
city employees from reporting suspected illegal aliens to the INS 
unless the alien was charged with a crime. That executive order, which 
is similar to local laws in other States and cities, was intended to 
ensure that fear of deportation does not deter illegal aliens from 
seeking emergency medical attention, reporting crimes, and so on.
  An earlier version of this provision was first introduced in welfare 
legislation during the 103d Congress as a part of H.R. 3500, the 
Responsibility and Empowerment Support Program Providing Employment, 
Child Care, and Training Act, sponsored by Representatives Michel, 
Gingrich, and Santorum. On September 8, 1995, during Senate 
consideration of H.R. 4, the Work Opportunity Act of 1995, Senator 
Santorum, along with Senator Nickles, offered a similar amendment. The 
amendment was adopted by the Senate by a vote of 91 to 6, but H.R. 4 
was later vetoed by President Clinton.
  This year, the provision was included in S. 1795, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, which 
was signed by President Clinton on August 22, 1996.
  Because this provision poses a threat to health and safety in New 
York City and elsewhere, I am today introducing legislation to repeal 
section 434 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996. I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2079

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

     SECTION 1. REPEAL OF THE PROHIBITION AGAINST STATE 
                   RESTRICTIONS ON COMMUNICATIONS BETWEEN 
                   GOVERNMENT AGENCIES AND THE INS.

       Section 434 of the Personal Responsibility and Work 
     Opportunity Act of 1996 (Public Law 104-193) is 
     repealed.

                          ____________________