Text: S.1734 — 102nd Congress (1991-1992)All Information (Except Text)

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S 1734 IS
102d CONGRESS
1st Session
S. 1734
To repeal provisions of law regarding employer sanctions and unfair
immigration-related employment practices, to strengthen enforcement of laws
regarding illegal entry into the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 20 (legislative day, SEPTEMBER 10), 1991
Mr. HATCH (for himself, Mr. KENNEDY, Mr. DECONCINI, Mr. SPECTER, Mr. BROWN,
Mr. BINGAMAN, Mr. MCCAIN, Mr. CRANSTON, Mr. AKAKA, Mr. INOUYE, Mr. WIRTH
and Mr. PACKWOOD) introduced the following bill; which was read twice and
referred to the Committee on Judiciary
A BILL
To repeal provisions of law regarding employer sanctions and unfair
immigration-related employment practices, to strengthen enforcement of laws
regarding illegal entry into the United States, 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.
  This Act may be cited as the `Employer Sanctions Repeal Act of 1991'.
SEC. 2. REPEALS.
  (a) IN GENERAL- The following provisions of law are hereby repealed:
  (1) Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a),
  sections 101 and 402 of the Immigration Reform and Control Act of 1986,
  and section 8704 of title 46, United States Code, each section relating
  to the unlawful employment of aliens.
  (2) Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b)
  and section 102 of the Immigration Reform and Control Act, each section
  relating to unfair immigration-related employment practices.
  (b) CONFORMING AMENDMENTS- (1) The table of contents of the Immigration and
  Nationality Act is amended by striking out the items relating to sections
  274A and 274B.
  (2) The table of sections for chapter 87 of title 46, United States Code,
  is amended by striking out the item relating to section 8704.
SEC. 3. SAVINGS PROVISION.
  (a) CONTINUATION OF DUTIES BY SPECIAL COUNSEL- The Special Counsel for
  Immigration-Related Unfair Employment Practices appointed pursuant to
  section 274B(c) of the Immigration and Nationality Act shall, for a period
  of one year after the date of enactment of this Act, continue to carry
  out his or her duties under section 274B of that Act as in effect on the
  day before the date of enactment of this Act with respect to charges of
  unfair immigration-related employment practices filed within 180 days of
  practices which occurred before the date of enactment of this Act.
  (b) CONTINUATION OF DUTIES BY ATTORNEY GENERAL- At the expiration of
  the one-year period described in subsection (a), the Attorney General,
  acting through the Civil Rights Division of the Department of Justice,
  shall assume all the duties carried out by the Special Counsel with respect
  to charges filed as described in subsection (a).
SEC. 4. STRENGTHENED ENFORCEMENT OF IMMIGRATION AND WAGE AND HOUR LAWS.
  (a) INCREASED PERSONNEL LEVELS OF THE BORDER PATROL- The number of full-time
  officer positions in the Border Patrol of the Immigration and Naturalization
  Service for fiscal year 1992 shall be increased to 6,600 positions.
  (b) INCREASED PERSONNEL LEVELS OF THE INS ANTI-SMUGGLING PROGRAM- The number
  of full-time positions in the anti-smuggling program of the Immigration
  and Naturalization Service for fiscal year 1992 shall be increased to
  600 positions.
  (c) INCREASED FUNDING LEVELS FOR THE BORDER PATROL- (1) In addition to
  funds otherwise available for such purposes, there are authorized to be
  appropriated to the Attorney General, $80,000,000 for fiscal year 1992,
  which amount shall be available only for equipment (such as ground sensors
  and related equipment, vehicles, low-level light television systems,
  hand-held night vision equipment, vehicle-mounted infrared equipment,
  but not including aircraft), support services, and initial training for
  the Border Patrol.
  (2) In addition to funds otherwise available for such purposes, there are
  authorized to be appropriated to the Attorney General, $10,000,000 for
  fiscal year 1992, which amount shall be available only for maintenance
  and repair of equipment used by the Border Patrol.
  (3) Funds appropriated pursuant to this subsection are authorized to remain
  available until expended.
  (d) INSERVICE TRAINING FOR THE BORDER PATROL- (1) Section 103 of the
  Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at
  the end the following new subsection:
  `(e)(1) The Attorney General shall provide for such programs of inservice
  training for full-time and part-time personnel of the Border Patrol in
  contact with the public as will familiarize the personnel with the rights
  and varied cultural backgrounds of aliens and citizens in order to ensure
  and safeguard the constitutional and civil rights, personal safety, and
  human dignity of all individuals, aliens as well as citizens, within the
  jurisdiction of the United States with whom they have contact in their
  work. In developing such training, the Attorney General shall consult with
  organizations familiar with the varied cultural backgrounds of such aliens
  and citizens or which have experience providing services to such aliens
  and citizens.
  `(2) The Attorney General shall provide for the annual report of the
  Service to include a description of steps taken to carry out paragraph (1).'.
  (2)(A) There are authorized to be appropriated to the Attorney General
  $2,000,000 for fiscal year 1992 to carry out the inservice training
  described in section 103(e) of the Immigration and Nationality Act.
  (B) Funds appropriated pursuant to subparagraph (A) are authorized to
  remain available until expended.
  (e) INCREASED PERSONNEL LEVELS FOR THE LABOR DEPARTMENT- (1) The number of
  full-time positions in the Wage and Hour Division within the Employment
  Standards Administration of the Department of Labor for fiscal year 1992
  shall be increased by 250 positions above the number of equivalent positions
  available to the Wage and Hour Division as of September 30, 1991.
  (2) Individuals employed to fill the additional positions described in
  paragraph (1) shall be assigned to investigate violations of wage and hour
  laws in areas where the Attorney General has notified the Secretary of
  Labor that there are high concentrations of aliens present in the United
  States in violation of law.
  (f) INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS- (1) The number
  of Assistant United States Attorneys that may be employed by the Department
  of Justice for fiscal year  1992 shall be increased by 21 above the number
  of Assistant United States Attorneys that could be employed as of September
  30, 1991.
  (2) Individuals employed to fill the additional positions described in
  paragraph (1) shall be used only for the prosecution of persons who bring
  into the United States or harbor aliens in violation of law.
SEC. 5. INCREASING CRIMINAL PENALTIES FOR BRINGING IN AND HARBORING  ALIENS
FOR PROFIT.
  Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324(a))
  is amended--
  (1) in subsection (a)(1), by striking out `Any' and inserting in lieu
  thereof `Except as provided in subsection (d), any';
  (2) in subsection (a)(2), by inserting before the period at the end
  thereof the following: `, except that a person who commits an offense
  under subparagraph (B)(ii) shall be fined in accordance with that title,
  or imprisoned not more than 10 years, or both'; and
  (3) by adding at the end thereof the following new subsections:
  `(d) Any person who commits any of the offenses described in paragraph (1)
  of subsection (a) for profit shall be fined in accordance with title 18,
  United States Code, or imprisoned for not more than 10 years, or both.
  `(e) For purposes of this section, the employment of an individual
  (including the usual and normal practices incident to employment) shall
  not be deemed to constitute harboring.'.
SEC. 6. NEGOTIATIONS WITH MEXICO AND CANADA.
  It is the sense of the Congress that--
  (1) the Attorney General, jointly with the Secretary of State, should
  initiate discussions with Mexico and Canada to establish formal bilateral
  programs with those countries to prevent and to prosecute the smuggling
  of aliens into the United States in violation of law;
  (2) not later than one year after the date of enactment of this Act, the
  Attorney General should report to the Congress concerning the progress
  made in establishing such programs; and
  (3) in any such program, major emphasis should be placed on deterring and
  prosecuting persons involved in the organized and continuing smuggling
  for profit.
SEC. 7. CONFORMING AMENDMENTS.
  (a) Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
  is amended--
  (1) in subsection (g)(1), by striking out `and to provide notice for
  purposes of section 274A';
  (2) in subsection (i)(1), by striking out `(as defined in section 274A(g))';
  and
  (3) by adding at the end of subsection (i) the following:
  `(3) 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.'.
  (b) The Immigration Reform and Control Act of 1986 is amended--
  (1) in section 304(b)(1)(C), by striking out `and the employers' sanctions';
  (2) in section 304(j), by striking out paragraph (1); and
  (3) in section 304(j), by redesignating paragraphs (2), (3), and (4)
  as paragraphs (1), (2), and (3), respectively.
  (c) Section 1546 of title 18, United States Code, is amended--
  (1) by striking out subsection (b); and
  (2) by redesignating subsection (c) as subsection (b).
  (d) Section 103(a) of the Migrant and Seasonal Agricultural Worker Protection
  Act (Public Law 97-470; 29 U.S.C. 1813) is amended--
  (1) by inserting `or' at the end of paragraph (4);
  (2) at the end of paragraph (5), by striking out `; or' and inserting in
  lieu thereof a period; and
  (3) by striking out paragraph (6).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
  (a) AUTHORIZATION OF APPROPRIATIONS- Except as otherwise specifically
  provided by section 4(c) and section 4(d)(2), there are authorized to be
  appropriated such sums as may be necessary to carry out this Act.
  (b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to subsection (a)
  are authorized to remain available until expended.