I 

111TH CONGRESS 

1ST SESSION H. R. 994 

To remove the incentives and loopholes that encourage illegal aliens to come 

to the United States to live and work, provide additional resources 

to local law enforcement and Federal border and immigration officers, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2009 

Mr. GARY G. MILLER of California (for himself, Mr. ROHRABACHER, Mr. 

BURTON of Indiana, Mr. BOOZMAN, Mr. CAMPBELL, Mr. DREIER, Mr. 

BILBRAY, Mr. FLEMING, Mr. GALLEGLY, and Mrs. MYRICK) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committees on Oversight and Government Reform, 

Education and Labor, House Administration, Financial Services, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To remove the incentives and loopholes that encourage illegal 

aliens to come to the United States to live and work, 

provide additional resources to local law enforcement and 

Federal border and immigration officers, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Loophole Elimination 

3 and Verification Enforcement Act’’ or the ‘‘LEAVE Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to prohibit all activities 

6 that assist, encourage, direct, or induce an alien to reside 

7 in or remain in the United States or to attempt to reside 

8 in the United States, knowing or in reckless disregard of 

9 the fact that the alien is not authorized to be present in 

10 the United States. 

11 SEC. 3. TABLE OF CONTENTS. 

12 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Purpose. 

Sec. 3. Table of contents. 

TITLE I—ALIEN SMUGGLING AND RELATED OFFENSES 

Sec. 101. Alien smuggling and related offenses. 

TITLE II—IDENTITY SECURITY 

Subtitle A—Photo Identification 

Sec. 201. Forms of acceptable identification for Federal Government purposes. 

Sec. 202. Forms of acceptable identification for financial institutions. 

Subtitle B—Prohibition on Driver’s Licenses for Unlawfully Present Aliens 

Sec. 211. Prohibition on issuing driver’s licenses to illegal aliens. 

Subtitle C—Stopping Social Security Number Abuse 

Sec. 221. Effect of final regulation on ‘‘no-match’’ letters. 

Subtitle D—Birth/Death Registry 

Sec. 231. Establishment of electronic birth and death registration systems. 

Subtitle E—Reform of Passport Fraud Offenses 

Sec. 241. Trafficking in passports. 

Sec. 242. False statement in an application for a passport. 

Sec. 243. Forgery and unlawful production of a passport. 


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Sec. 244. Misuse of a passport. 

Sec. 245. Schemes to defraud aliens. 

Sec. 246. Immigration and visa fraud. 

Sec. 247. Alternative imprisonment maximum for certain offenses. 

Sec. 248. Attempts, conspiracies, jurisdiction, and definitions. 

Sec. 249. Clerical amendment. 

TITLE III—BIRTHRIGHT CITIZENSHIP 

Sec. 301. Citizenship at birth for certain persons born in the United States. 

TITLE IV—HOUSING AND HOMEOWNERSHIP 

Sec. 401. Mortgages prohibited for principal residences of individuals who lack 

valid personal identification. 

Sec. 402. Prohibition on public housing and section 8 rental assistance for illegal aliens. 

Sec. 403. Prohibition on renting of dwelling units to illegal aliens. 

Sec. 404. Prohibition on Federal and government-sponsored enterprise support 

for mortgages for illegal aliens. 

TITLE V—TAXES AND SOCIAL SECURITY 

Sec. 501. Prohibiting totalization agreements that benefit unlawfully present 

aliens. 

Sec. 502. No Social Security credit for work performed while unlawfully 

present. 

Sec. 503. Limited eligibility for credits. 

Sec. 504. Reducing individual taxpayer identification number abuse. 

TITLE VI—EMPLOYEE VERIFICATION 

Subtitle A—General Provisions 

Sec. 601. Mandatory employment authorization verification. 

Sec. 602. Mandatory notification of SSN mismatches and multiple uses and determinations of ineligibility for employment. 

Sec. 603. Penalty for failure to file correct information returns. 

Sec. 604. Authorization of appropriations. 

Subtitle B—Self-Employed Subcontractors Loophole 

Sec. 611. Requiring self-employed subcontractors to participate in employment 

eligibility verification pilot program. 

Subtitle C—Prohibition on Unlawful Employment of Aliens in Capitol 

Sec. 621. Requiring legislative branch contractors to participate in employment 

eligibility verification pilot program. 

Sec. 622. Capitol complex defined. 

Sec. 623. Effective date; transition for current contracts. 

Subtitle D—Coordination Between SSA and IRS 

Sec. 631. Availabilty of information. 

TITLE VII—PROHIBITING UNLAWFULLY PRESENT ALIENS FROM 

OBTAINING FINANCIAL SERVICES 


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Sec. 701. Foreign-issued forms of identification prohibited as proof of identity 

to open accounts at financial institutions. 

Sec. 702. ‘‘Know your customer’’ regulations applied to certain transmitting 

businesses. 

Sec. 703. Requirements relating to the United States Postal Service. 

Sec. 704. Applicability of identification rules to certain transactions involving 

the Federal Reserve Board, including the Directo a Me ́xico 

program. 

TITLE VIII—BORDER AND LAW ENFORCEMENT 

Sec. 801. Construction of border fencing and security improvements. 

Sec. 802. Increase in full-time Border Patrol agents. 

Sec. 803. Increase in number of ICE agents. 

TITLE IX—STATE AND LOCAL GOVERNMENT AUTHORITY 

Subtitle A—General Provisions 

Sec. 901. State defined; severability. 

Sec. 902. Federal affirmation of assistance in the immigration law enforcement 

by States and political subdivisions of States. 

Sec. 903. State authorization for assistance in the enforcement of immigration 

laws encouraged. 

Sec. 904. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 905. State and local law enforcement provision of information about apprehended aliens. 

Sec. 906. Financial assistance to State and local police agencies that assist in 

the enforcement of immigration laws. 

Sec. 907. Increased Federal detention space. 

Sec. 908. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement. 

Sec. 909. Training of State and local law enforcement personnel relating to the 

enforcement of immigration laws. 

Sec. 910. Immunity. 

Sec. 911. Institutional removal program (IRP). 

Subtitle B—Eliminating Sanctuary Cities 

Sec. 921. Eliminating sanctuary cities. 

Subtitle C—Criminal Aliens 

Sec. 931. State criminal alien assistance program (SCAAP). 

Sec. 932. Authorization of appropriations. 

Sec. 933. Assistance for States incarcerating undocumented aliens charged with 

certain crimes. 

Sec. 934. Preemption. 

TITLE X—PROHIBITING IN-STATE TUITION FOR UNLAWFULLY 

PRESENT ALIENS 

Sec. 1001. Ensuring enforceability. 


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1 TITLE I—ALIEN SMUGGLING 

2 AND RELATED OFFENSES 

3 SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES. 

4 Section 274 of the Immigration and Nationality Act 

5 (8 U.S.C. 1324) is amended to read as follows: 

6 ‘‘ALIEN SMUGGLING AND RELATED OFFENSES

7 ‘‘SEC. 274. (a) CRIMINAL OFFENSES AND PEN8 ALTIES.— 

9 ‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 

10 ‘‘(A) assists, encourages, directs, or in11 duces a person to come to or enter the United 

12 States, or to attempt to come to or enter the 

13 United States, knowing or in reckless disregard 

14 of the fact that such person is an alien who 

15 lacks lawful authority to come to or enter the 

16 United States; 

17 ‘‘(B) assists, encourages, directs, or in18 duces a person to come to or enter the United 

19 States at a place other than a designated port 

20 of entry or place other than as designated by 

21 the Secretary of Homeland Security, regardless 

22 of whether such person has official permission 

23 or lawful authority to be in the United States, 

24 knowing or in reckless disregard of the fact 

25 that such person is an alien; 


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1 ‘‘(C) assists, encourages, directs, or in2 duces a person to reside in or remain in the 

3 United States, or to attempt to reside in or re4 main in the United States, knowing or in reck5 less disregard of the fact that such person is an 

6 alien who lacks lawful authority to reside in or 

7 remain in the United States; 

8 ‘‘(D) transports or moves a person in the 

9 United States, knowing or in reckless disregard 

10 of the fact that such person is an alien who 

11 lacks lawful authority to enter or be in the 

12 United States, where the transportation or 

13 movement will aid or further in any manner the 

14 person’s illegal entry into or illegal presence in 

15 the United States; 

16 ‘‘(E) harbors, conceals, or shields from de17 tection a person in the United States knowing 

18 or in reckless disregard of the fact that such 

19 person is an alien who lacks lawful authority to 

20 be in the United States; 

21 ‘‘(F) transports, moves, harbors, conceals, 

22 or shields from detection a person outside of 

23 the United States knowing or in reckless dis24 regard of the fact that such person is an alien 

25 in unlawful transit from one country to another 


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1 or on the high seas, under circumstances in 

2 which the person is in fact seeking to enter the 

3 United States without official permission or 

4 lawful authority; or 

5 ‘‘(G) conspires or attempts to commit any 

6 of the preceding acts, 

7 shall be punished as provided in paragraph (2), re8 gardless of any official action which may later be 

9 taken with respect to such alien. 

10 ‘‘(2) CRIMINAL PENALTIES.—A person who vio11 lates the provisions of paragraph (1) shall— 

12 ‘‘(A) except as provided in subparagraphs 

13 (D) through (H), in the case where the offense 

14 was not committed for commercial advantage, 

15 profit, or private financial gain, be imprisoned 

16 for not more than 5 years, or fined under title 

17 18, United States Code, or both; 

18 ‘‘(B) except as provided in subparagraphs 

19 (C) through (H), where the offense was com20 mitted for commercial advantage, profit, or pri21 vate financial gain— 

22 ‘‘(i) in the case of a first violation of 

23 this subparagraph, be imprisoned for not 

24 more than 20 years, or fined under title 

25 18, United States Code, or both; and 


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1 ‘‘(ii) for any subsequent violation, be 

2 imprisoned for not less than 3 years nor 

3 more than 20 years, or fined under title 

4 18, United States Code, or both; 

5 ‘‘(C) in the case where the offense was 

6 committed for commercial advantage, profit, or 

7 private financial gain and involved 2 or more 

8 aliens other than the offender, be imprisoned 

9 for not less than 3 nor more than 20 years, or 

10 fined under title 18, United States Code, or 

11 both; 

12 ‘‘(D) in the case where the offense furthers 

13 or aids the commission of any other offense 

14 against the United States or any State, which 

15 offense is punishable by imprisonment for more 

16 than 1 year, be imprisoned for not less than 5 

17 nor more than 20 years, or fined under title 18, 

18 United States Code, or both; 

19 ‘‘(E) in the case where any participant in 

20 the offense created a substantial risk of death 

21 or serious bodily injury to another person, in22 cluding— 

23 ‘‘(i) transporting a person in an en24 gine compartment, storage compartment, 

25 or other confined space; 


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1 ‘‘(ii) transporting a person at an ex2 cessive speed or in excess of the rated ca3 pacity of the means of transportation; or 

4 ‘‘(iii) transporting or harboring a per5 son in a crowded, dangerous, or inhumane 

6 manner, 

7 be imprisoned not less than 5 nor more than 20 

8 years, or fined under title 18, United States 

9 Code, or both; 

10 ‘‘(F) in the case where the offense caused 

11 serious bodily injury (as defined in section 1365 

12 of title 18, United States Code, including any 

13 conduct that would violate sections 2241 or 

14 2242 of title 18, United States Code, if the con15 duct occurred in the special maritime and terri16 torial jurisdiction of the United States) to any 

17 person, be imprisoned for not less than 7 nor 

18 more than 30 years, or fined under title 18, 

19 United States Code, or both; 

20 ‘‘(G) in the case where the offense involved 

21 an alien who the offender knew or had reason 

22 to believe was an alien— 

23 ‘‘(i) engaged in terrorist activity (as 

24 defined in section 212(a)(3)(B)); or 


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1 ‘‘(ii) intending to engage in such ter2 rorist activity, 

3 be imprisoned for not less than 10 nor more 

4 than 30 years, or fined under title 18, United 

5 States Code, or both; and 

6 ‘‘(H) in the case where the offense caused 

7 or resulted in the death of any person, be pun8 ished by death or imprisoned for not less than 

9 10 years, or any term of years, or for life, or 

10 fined under title 18, United States Code, or 

11 both. 

12 ‘‘(3) EXTRATERRITORIAL JURISDICTION.— 

13 There is extraterritorial Federal jurisdiction over the 

14 offenses described in this subsection. 

15 ‘‘(b) SEIZURE AND FORFEITURE.— 

16 ‘‘(1) IN GENERAL.—Any property, real or per17 sonal, that has been used to commit or facilitate the 

18 commission of a violation of this section, the gross 

19 proceeds of such violation, and any property trace20 able to such property or proceeds, shall be subject 

21 to forfeiture. 

22 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

23 forfeitures under this subsection shall be governed 

24 by the provisions of chapter 46 of title 18, United 

25 States Code, relating to civil forfeitures, including 


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1 section 981(d) of such title, except that such duties 

2 as are imposed upon the Secretary of the Treasury 

3 under the customs laws described in that section 

4 shall be performed by such officers, agents, and 

5 other persons as may be designated for that purpose 

6 by the Secretary of Homeland Security. 

7 ‘‘(c) AUTHORITY TO ARREST.—No officer or person 

8 shall have authority to make any arrests for a violation 

9 of any provision of this section except officers and employ10 ees designated by the Secretary of Homeland Security, ei11 ther individually or as a member of a class, and all other 

12 officers whose duty it is to enforce criminal laws. 

13 ‘‘(d) ADMISSIBILITY OF EVIDENCE.— 

14 ‘‘(1) PRIMA FACIE EVIDENCE IN DETERMINA15 TIONS OF VIOLATIONS.—Notwithstanding any provi16 sion of the Federal Rules of Evidence, in deter17 mining whether a violation of subsection (a) has oc18 curred, any of the following shall be prima facie evi19 dence that an alien involved in the violation lacks 

20 lawful authority to come to, enter, reside, remain, or 

21 be in the United States or that such alien had come 

22 to, entered, resided, remained or been present in the 

23 United States in violation of law: 

24 ‘‘(A) Any order, finding, or determination 

25 concerning the alien’s status or lack thereof 


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1 made by a federal judge or administrative adju2 dicator (including an immigration judge or an 

3 immigration officer) during any judicial or ad4 ministrative proceeding authorized under the 

5 immigration laws or regulations prescribed 

6 thereunder. 

7 ‘‘(B) An official record of the Department 

8 of Homeland Security, Department of Justice, 

9 or the Department of State concerning the 

10 alien’s status or lack thereof. 

11 ‘‘(C) Testimony by an immigration officer 

12 having personal knowledge of the facts con13 cerning the alien’s status or lack thereof. 

14 ‘‘(2) VIDEOTAPED TESTIMONY.—Notwith15 standing any provision of the Federal Rules of Evi16 dence, the videotaped (or otherwise audiovisually 

17 preserved) deposition of a witness to a violation of 

18 subsection (a) who has been deported or otherwise 

19 expelled from the United States, or is otherwise un20 available to testify, may be admitted into evidence in 

21 an action brought for that violation if the witness 

22 was available for cross examination at the deposition 

23 and the deposition otherwise complies with the Fed24 eral Rules of Evidence. 

25 ‘‘(e) DEFINITIONS.—For purposes of this section: 


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1 ‘‘(1) The term ‘lawful authority’ means permis2 sion, authorization, or license that is expressly pro3 vided for in the immigration laws of the United 

4 States or the regulations prescribed thereunder. 

5 Such term does not include any such authority se6 cured by fraud or otherwise obtained in violation of 

7 law, nor does it include authority that has been 

8 sought but not approved. No alien shall be deemed 

9 to have lawful authority to come to, enter, reside, re10 main, or be in the United States if such coming to, 

11 entry, residence, remaining, or presence was, is, or 

12 would be in violation of law. 

13 ‘‘(2) The term ‘unlawful transit’ means travel, 

14 movement, or temporary presence that violates the 

15 laws of any country in which the alien is present, or 

16 any country from which or to which the alien is trav17 eling or moving.’’. 

18 TITLE II—IDENTITY SECURITY 

19 Subtitle A—Photo Identification 

20 SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR 

21 FEDERAL GOVERNMENT PURPOSES. 

22 (a) FORMS OF ACCEPTABLE IDENTIFICATION.—A 

23 Federal agency may not accept, for any official purpose, 

24 including for Federal benefits and for individual taxpayer 


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1 identification numbers, any form of identification of an in2 dividual other than the following: 

3 (1) SOCIAL SECURITY CARD WITH PHOTO IDEN4 TIFICATION CARD OR REAL ID ACT IDENTIFICA5 TION.— 

6 (A) A Social Security card accompanied by 

7 a photo identification card issued by the Fed8 eral Government or a State Government; or 

9 (B) a driver’s license or identification card 

10 issued by a State in the case of a State that is 

11 in compliance with title II of the REAL ID Act 

12 of 2005 (title II of division B of Public Law 

13 109–13; 49 U.S.C. 30301 note). 

14 (2) PASSPORT.—A passport issued by the 

15 United States or a foreign government. 

16 (3) USCIS PHOTO IDENTIFICATION CARD.—A 

17 photo identification card issued by the Secretary of 

18 Homeland Security (acting through the Director of 

19 the United States Citizenship and Immigration Serv20 ices). 

21 (b) EFFECTIVE DATE.—The requirements of sub22 section (a) shall take effect six months after the date of 

23 the enactment of this Act. 


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1 SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FI2 NANCIAL INSTITUTIONS. 

3 (a) IN GENERAL.—Section 5318(l) of title 31, United 

4 States Code (relating to identification and verification of 

5 accountholders) is amended by striking paragraph (6) and 

6 inserting the following new paragraph: 

7 ‘‘(6) FORMS OF ACCEPTABLE IDENTIFICA8 TION.—A financial institution may not accept, for 

9 the purpose of verifying the identity of an individual 

10 seeking to open an account in accordance with this 

11 subsection, any form of identification of the indi12 vidual other than the following: 

13 ‘‘(A) SOCIAL SECURITY CARD WITH PHOTO

14 IDENTIFICATION CARD OR REAL ID ACT IDENTI15 FICATION.— 

16 ‘‘(i) A Social Security card accom17 panied by a photo identification card 

18 issued by the Federal Government or a 

19 State Government; or 

20 ‘‘(ii) a driver’s license or identification 

21 card issued by a State in the case of a 

22 State that is in compliance with title II of 

23 the REAL ID Act of 2005 (title II of divi24 sion B of Public Law 109–13; 49 U.S.C. 

25 30301 note). 


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1 ‘‘(B) PASSPORT.—A passport issued by the 

2 United States or a foreign government. 

3 ‘‘(C) USCIS PHOTO IDENTIFICATION

4 CARD.—A photo identification card issued by 

5 the Secretary of Homeland Security (acting 

6 through the Director of the U.S. Citizenship 

7 and Immigration Services).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall take effect six months after the date 

10 of the enactment of this Act. 

11 Subtitle B—Prohibition on Driver’s 

12 Licenses for Unlawfully Present 

13 Aliens 

14 SEC. 211. PROHIBITION ON ISSUING DRIVER’S LICENSES TO 

15 ILLEGAL ALIENS. 

16 Section 202 of the REAL ID Act of 2005 (49 U.S.C. 

17 30301 note) is amended— 

18 (1) in subsection (d), by striking paragraph 

19 (11) and redesignating paragraphs (12) and (13) as 

20 paragraphs (11) and (12), respectively; and 

21 (2) by adding at the end the following: 

22 ‘‘(e) PROHIBITION.—A State is prohibited from 

23 issuing any driver’s license or identification card to any 

24 individual unless the State satisfies the requirements of 

25 subsection (c)(2)(B).’’. 


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1 Subtitle C—Stopping Social 

2 Security Number Abuse 

3 SEC. 221. EFFECT OF FINAL REGULATION ON ‘‘NO-MATCH’’ 

4 LETTERS. 

5 The Congress approves the final rule promulgated by 

6 the Department of Homeland Security entitled ‘‘Safe-Har7 bor Procedures for Employers Who Receive a No-Match 

8 Letter’’ (August 15, 2007; 72 Fed. Reg. 45611), and such 

9 rule shall have the force and effect of enacted law until 

10 changed by such law. 

11 Subtitle D—Birth/Death Registry 

12 SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

13 DEATH REGISTRATION SYSTEMS. 

14 (a) In consultation with the Secretary of Health and 

15 Human Services and the Commissioner of Social Security, 

16 the Secretary shall take the following actions: 

17 (1) Work with the States to establish a common 

18 data set and common data exchange protocol for 

19 electronic birth registration systems and death reg20 istration systems. 

21 (2) Coordinate requirements for such systems 

22 to align with a national model. 

23 (3) Ensure that fraud prevention is built into 

24 the design of electronic vital registration systems in 

25 the collection of vital event data, the issuance of 


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1 birth certificates, and the exchange of data among 

2 government agencies. 

3 (4) Ensure that electronic systems for issuing 

4 birth certificates, in the form of printed abstracts of 

5 birth records or digitized images, employ a common 

6 format of the certified copy, so that those requiring 

7 such documents can quickly confirm their validity. 

8 (5) Establish uniform field requirements for 

9 State birth registries. 

10 (6) Not later than 1 year after the date of the 

11 enactment of this Act, establish a process with the 

12 Department of Defense that will result in the shar13 ing of data, with the States and the Social Security 

14 Administration, regarding deaths of United States 

15 military personnel and the birth and death of their 

16 dependents. 

17 (7) Not later than 1 year after the date of the 

18 enactment of this Act, establish a process with the 

19 Department of State to improve registration, notifi20 cation, and the sharing of data with the States and 

21 the Social Security Administration, regarding births 

22 and deaths of United States citizens abroad. 

23 (8) Not later than 3 years after the date of es24 tablishment of databases provided for under this sec25 tion, require States to record and retain electronic 


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1 records of pertinent identification information col2 lected from requestors who are not the registrants. 

3 (9) Not later than 6 months after the date of 

4 the enactment of this Act, submit to Congress a re5 port on whether there is a need for Federal laws to 

6 address penalties for fraud and misuse of vital 

7 records and whether violations are sufficiently en8 forced. 

9 Subtitle E—Reform of Passport 

10 Fraud Offenses 

11 SEC. 241. TRAFFICKING IN PASSPORTS. 

12 Section 1541 of title 18, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 1541. Trafficking in passports 

15 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur16 ing any period of 3 years or less, knowingly— 

17 ‘‘(1) and without lawful authority produces, 

18 issues, or transfers 10 or more passports; 

19 ‘‘(2) forges, counterfeits, alters, or falsely 

20 makes 10 or more passports; 

21 ‘‘(3) secures, possesses, uses, receives, buys, 

22 sells, or distributes 10 or more passports, knowing 

23 the passports to be forged, counterfeited, altered, 

24 falsely made, stolen, procured by fraud, or produced 

25 or issued without lawful authority; or 


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1 ‘‘(4) completes, mails, prepares, presents, signs, 

2 or submits 10 or more applications for a United 

3 States passport, knowing the applications to contain 

4 any false statement or representation, 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(b) PASSPORT MATERIALS.—Any person who know8 ingly and without lawful authority produces, buys, sells, 

9 possesses, or uses any official material (or counterfeit of 

10 any official material) used to make a passport, including 

11 any distinctive paper, seal, hologram, image, text, symbol, 

12 stamp, engraving, or plate, shall be fined under this title, 

13 imprisoned not more than 20 years, or both.’’. 

14 SEC. 242. FALSE STATEMENT IN AN APPLICATION FOR A 

15 PASSPORT. 

16 Section 1542 of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 1542. False statement in an application for a pass19 port 

20 ‘‘(a) IN GENERAL.—Whoever knowingly makes any 

21 false statement or representation in an application for a 

22 United States passport, or mails, prepares, presents, or 

23 signs an application for a United States passport knowing 

24 the application to contain any false statement or represenVerDate Nov 24 2008 00:14 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H994.IH H994

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1 tation, shall be fined under this title, imprisoned not more 

2 than 15 years, or both. 

3 ‘‘(b) VENUE.— 

4 ‘‘(1) IN GENERAL.—An offense under sub5 section (a) may be prosecuted in any district— 

6 ‘‘(A) in which the false statement or rep7 resentation was made or the application for a 

8 United States passport was prepared or signed; 

9 or 

10 ‘‘(B) in which or to which the application 

11 was mailed or presented. 

12 ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED

13 STATES.—An offense under subsection (a) involving 

14 an application for a United States passport prepared 

15 and adjudicated outside the United States may be 

16 prosecuted in the district in which the resultant 

17 passport was or would have been produced. 

18 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

19 be construed to limit the venue otherwise available under 

20 sections 3237 and 3238 of this title.’’. 

21 SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A 

22 PASSPORT. 

23 Section 1543 of title 18, United States Code, is 

24 amended to read as follows: 


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1 ‘‘§ 1543. Forgery and unlawful production of a pass2 port 

3 ‘‘(a) FORGERY.—Any person who knowingly— 

4 ‘‘(1) forges, counterfeits, alters, or falsely 

5 makes any passport; or 

6 ‘‘(2) transfers any passport knowing it to be 

7 forged, counterfeited, altered, falsely made, stolen, 

8 or to have been produced or issued without lawful 

9 authority, 

10 shall be fined under this title, imprisoned not more than 

11 15 years, or both. 

12 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

13 knowingly and without lawful authority— 

14 ‘‘(1) produces, issues, authorizes, or verifies a 

15 passport in violation of the laws, regulations, or 

16 rules governing the issuance of the passport; 

17 ‘‘(2) produces, issues, authorizes, or verifies a 

18 United States passport for or to any person knowing 

19 or in reckless disregard of the fact that such person 

20 is not entitled to receive a passport; or 

21 ‘‘(3) transfers or furnishes a passport to any 

22 person for use by any person other than the person 

23 for whom the passport was issued or designed, 

24 shall be fined under this title, imprisoned not more than 

25 15 years, or both.’’. 


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1 SEC. 244. MISUSE OF A PASSPORT. 

2 Section 1544 of title 18, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 1544. Misuse of a passport 

5 ‘‘Any person who knowingly— 

6 ‘‘(1) uses any passport issued or designed for 

7 the use of another; 

8 ‘‘(2) uses any passport in violation of the condi9 tions or restrictions therein contained, or in violation 

10 of the laws, regulations, or rules governing the 

11 issuance and use of the passport; 

12 ‘‘(3) secures, possesses, uses, receives, buys, 

13 sells, or distributes any passport knowing it to be 

14 forged, counterfeited, altered, falsely made, procured 

15 by fraud, or produced or issued without lawful au16 thority; or 

17 ‘‘(4) violates the terms and conditions of any 

18 safe conduct duly obtained and issued under the au19 thority of the United States, 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both.’’. 

22 SEC. 245. SCHEMES TO DEFRAUD ALIENS. 

23 Section 1545 of title 18, United States Code, is 

24 amended to read as follows: 


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1 ‘‘§ 1545. Schemes to defraud aliens 

2 ‘‘(a) IN GENERAL.—Any person who knowingly exe3 cutes a scheme or artifice, in connection with any matter 

4 that is authorized by or arises under Federal immigration 

5 laws or any matter the offender claims or represents is 

6 authorized by or arises under Federal immigration laws, 

7 to— 

8 ‘‘(1) defraud any person; or 

9 ‘‘(2) obtain or receive money or anything else of 

10 value from any person by means of false or fraudu11 lent pretenses, representations, promises, 

12 shall be fined under this title, imprisoned not more than 

13 15 years, or both. 

14 ‘‘(b) MISREPRESENTATION.—Any person who know15 ingly and falsely represents that such person is an attor16 ney or an accredited representative (as that term is de17 fined in section 1292.1 of title 8, Code of Federal Regula18 tions (or any successor regulation to such section)) in any 

19 matter arising under Federal immigration laws shall be 

20 fined under this title, imprisoned not more than 15 years, 

21 or both.’’. 

22 SEC. 246. IMMIGRATION AND VISA FRAUD. 

23 Section 1546 of title 18, United States Code, is 

24 amended to read as follows: 

25 ‘‘§ 1546. Immigration and visa fraud 

26 ‘‘(a) IN GENERAL.—Any person who knowingly— 


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1 ‘‘(1) uses any immigration document issued or 

2 designed for the use of another; 

3 ‘‘(2) forges, counterfeits, alters, or falsely 

4 makes any immigration document; 

5 ‘‘(3) completes, mails, prepares, presents, signs, 

6 or submits any immigration document knowing it to 

7 contain any materially false statement or representa8 tion; 

9 ‘‘(4) secures, possesses, uses, transfers, re10 ceives, buys, sells, or distributes any immigration 

11 document knowing it to be forged, counterfeited, al12 tered, falsely made, stolen, procured by fraud, or 

13 produced or issued without lawful authority; 

14 ‘‘(5) adopts or uses a false or fictitious name to 

15 evade or to attempt to evade the immigration laws; 

16 or 

17 ‘‘(6) transfers or furnishes, without lawful au18 thority, an immigration document to another person 

19 for use by a person other than the person for whom 

20 the passport was issued or designed, 

21 shall be fined under this title, imprisoned not more than 

22 15 years, or both. 

23 ‘‘(b) TRAFFICKING.—Any person who, during any pe24 riod of 3 years or less, knowingly— 


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1 ‘‘(1) and without lawful authority produces, 

2 issues, or transfers 10 or more immigration docu3 ments; 

4 ‘‘(2) forges, counterfeits, alters, or falsely 

5 makes 10 or more immigration documents; 

6 ‘‘(3) secures, possesses, uses, buys, sells, or dis7 tributes 10 or more immigration documents, know8 ing the immigration documents to be forged, coun9 terfeited, altered, stolen, falsely made, procured by 

10 fraud, or produced or issued without lawful author11 ity; or 

12 ‘‘(4) completes, mails, prepares, presents, signs, 

13 or submits 10 or more immigration documents 

14 knowing the documents to contain any materially 

15 false statement or representation, 

16 shall be fined under this title, imprisoned not more than 

17 20 years, or both. 

18 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

19 person who knowingly and without lawful authority pro20 duces, buys, sells, possesses, or uses any official material 

21 (or counterfeit of any official material) used to make im22 migration documents, including any distinctive paper, seal, 

23 hologram, image, text, symbol, stamp, engraving, or plate, 

24 shall be fined under this title, imprisoned not more than 

25 20 years, or both. 


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1 ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever uses— 

2 ‘‘(1) an identification document, knowing (or 

3 having reason to know) that the document was not 

4 issued lawfully for the use of the possessor; 

5 ‘‘(2) an identification document knowing (or 

6 having reason to know) that the document is false; 

7 or 

8 ‘‘(3) a false attestation, 

9 for the purpose of satisfying a requirement of section 

10 274A(b) of the Immigration and Nationality Act (8 U.S.C. 

11 1324a(b)), shall be fined under this title, imprisoned not 

12 more than 5 years, or both.’’. 

13 SEC. 247. ALTERNATIVE IMPRISONMENT MAXIMUM FOR 

14 CERTAIN OFFENSES. 

15 Section 1547 of title 18, United States Code, is 

16 amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘(other than an offense under section 

19 1545)’’; 

20 (2) in paragraph (1), by striking ‘‘15’’ and in21 serting ‘‘20’’; and 

22 (3) in paragraph (2), by striking ‘‘20’’ and in23 serting ‘‘25’’. 


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1 SEC. 248. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND 

2 DEFINITIONS. 

3 Chapter 75 of title 18, United States Code, is amend4 ed by adding after section 1547 the following new sections: 

5 ‘‘§ 1548. Attempts and conspiracies 

6 ‘‘Any person who attempts or conspires to violate any 

7 section of this chapter shall be punished in the same man8 ner as a person who completed a violation of that section. 

9 ‘‘§ 1549. Additional jurisdiction 

10 ‘‘(a) IN GENERAL.—Any person who commits an of11 fense under this chapter within the special maritime and 

12 territorial jurisdiction of the United States shall be pun13 ished as provided under this chapter. 

14 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per15 son who commits an offense under this chapter outside 

16 the United States shall be punished as provided under this 

17 chapter if— 

18 ‘‘(1) the offense involves a United States pass19 port or immigration document (or any document 

20 purporting to be such a document) or any matter, 

21 right, or benefit arising under or authorized by Fed22 eral immigration laws; 

23 ‘‘(2) the offense is in or affects foreign com24 merce; 

25 ‘‘(3) the offense affects, jeopardizes, or poses a 

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1 eral immigration laws, or the national security of the 

2 United States; 

3 ‘‘(4) the offense is committed to facilitate an 

4 act of international terrorism (as defined in section 

5 2331) or a drug trafficking crime (as defined in sec6 tion 929(a)(2)) that affects or would affect the na7 tional security of the United States; 

8 ‘‘(5) the offender is a national of the United 

9 States or an alien lawfully admitted for permanent 

10 residence (as those terms are defined in section 

11 101(a) of the Immigration and Nationality Act (8 

12 U.S.C. 1101(a))); or 

13 ‘‘(6) the offender is a stateless person whose 

14 habitual residence is in the United States. 

15 ‘‘§ 1550. Authorized law enforcement activities 

16 ‘‘Nothing in this chapter shall prohibit any lawfully 

17 authorized investigative, protective, or intelligence activity 

18 of a law enforcement agency of the United States, a State, 

19 or a political subdivision of a State, or an intelligence 

20 agency of the United States, or any activity authorized 

21 under title V of the Organized Crime Control Act of 1970 

22 (Public Law 91–452; 84 Stat. 933). 

23 ‘‘§ 1551. Definitions 

24 ‘‘As used in this chapter: 


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1 ‘‘(1) The term ‘application for a United States 

2 passport’ includes any document, photograph, or 

3 other piece of evidence submitted in support of an 

4 application for a United States passport. 

5 ‘‘(2) The term ‘false statement or representa6 tion’ includes a personation or an omission. 

7 ‘‘(3) The term ‘immigration document’— 

8 ‘‘(A) means any application, petition, affi9 davit, declaration, attestation, form, visa, iden10 tification card, alien registration document, em11 ployment authorization document, border cross12 ing card, certificate, permit, order, license, 

13 stamp, authorization, grant of authority, or 

14 other official document, arising under or au15 thorized by the immigration laws of the United 

16 States; and 

17 ‘‘(B) includes any document, photograph, 

18 or other piece of evidence attached to or sub19 mitted in support of an immigration document 

20 described in subparagraph (A). 

21 ‘‘(4) The term ‘immigration laws’ includes— 

22 ‘‘(A) the laws described in section 

23 101(a)(17) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)(17)); 


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1 ‘‘(B) the laws relating to the issuance and 

2 use of passports; and 

3 ‘‘(C) the regulations prescribed under the 

4 authority of any law described in subparagraph 

5 (A) or (B). 

6 ‘‘(5) A person does not exercise ‘lawful author7 ity’ if the person abuses or improperly exercises law8 ful authority the person otherwise holds. 

9 ‘‘(6) The term ‘passport’ means— 

10 ‘‘(A) a travel document attesting to the 

11 identity and nationality of the bearer that is 

12 issued under the authority of the Secretary of 

13 State, a foreign government, or an international 

14 organization; or 

15 ‘‘(B) any instrument purporting to be a 

16 document described in subparagraph (A). 

17 ‘‘(7) The term ‘produce’ means to make, pre18 pare, assemble, issue, print, authenticate, or alter. 

19 ‘‘(8) The term ‘to present’ means to offer or 

20 submit for official processing, examination, or adju21 dication. Any such presentation continues until the 

22 official processing, examination, or adjudication is 

23 complete. 

24 ‘‘(9) The ‘use’ of a passport or an immigration 

25 document referred to in section 1541(a), 1543(b), 


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1 1544, 1546(a), and 1546(b) of this chapter in2 cludes— 

3 ‘‘(A) any officially authorized use; 

4 ‘‘(B) use to travel; 

5 ‘‘(C) use to demonstrate identity, resi6 dence, nationality, citizenship, or immigration 

7 status; 

8 ‘‘(D) use to seek or maintain employment; 

9 or 

10 ‘‘(E) use in any matter within the jurisdic11 tion of the Federal government or of a State 

12 government.’’. 

13 SEC. 249. CLERICAL AMENDMENT. 

14 The table of sections for chapter 75 of title 18, 

15 United States Code, is amended to read as follows: 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Alternative imprisonment maximum for certain offenses. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Additional jurisdiction. 

‘‘1550. Authorized law enforcement activities. 

‘‘1551. Definitions.’’. 


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1 TITLE III—BIRTHRIGHT 

2 CITIZENSHIP 

3 SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 

4 BORN IN THE UNITED STATES. 

5 (a) IN GENERAL.—Section 301 of the Immigration 

6 and Nationality Act (8 U.S.C. 1401) is amended— 

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

8 ‘‘The following’’; 

9 (2) by redesignating paragraphs (a) through (h) 

10 as paragraphs (1) through (8); and 

11 (3) by adding at the end the following: 

12 ‘‘(b) DEFINITION.—Acknowledging the right of birth13 right citizenship established by section 1 of the 14th 

14 amendment to the Constitution, a person born in the 

15 United States shall be considered ‘subject to the jurisdic16 tion’ of the United States for purposes of subsection (a)(1) 

17 if the person is born in the United States of parents, one 

18 of whom is— 

19 ‘‘(1) a citizen or national of the United States; 

20 ‘‘(2) an alien lawfully admitted for permanent 

21 residence in the United States whose residence is in 

22 the United States; or 

23 ‘‘(3) an alien performing active service in the 

24 Armed Forces (as defined in section 101 of title 10, 

25 United States Code).’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a)(3) shall not be construed to affect the citizen3 ship or nationality status of any person born before the 

4 date of the enactment of this Act. 

5 TITLE IV—HOUSING AND 

6 HOMEOWNERSHIP 

7 SEC. 401. MORTGAGES PROHIBITED FOR PRINCIPAL RESI8 DENCES OF INDIVIDUALS WHO LACK VALID 

9 PERSONAL IDENTIFICATION. 

10 (a) IN GENERAL.—Chapter 2 of the Truth in Lend11 ing Act (15 U.S.C. 1631 et seq.) is amended by adding 

12 at the end the following new section: 

13 ‘‘§ 140. Mortgages prohibited for principal residences 

14 of individuals who lack valid personal 

15 identification 

16 ‘‘Notwithstanding any provision of State law, no 

17 credit may be extended by any creditor to any consumer 

18 in any consumer credit transaction in which a security in19 terest, including any such interest arising by operation of 

20 law, is or will be retained or acquired in any property lo21 cated within the United States which is or, upon the com22 pletion of the transaction, will be used as the principal 

23 residence of such consumer unless the creditor has verified 

24 that the consumer is a citizen or national of the United 

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1 quiring the consumer to provide to the creditor valid per2 sonal identification in one of the forms specified in the 

3 amendment made by section 202(a) of the Loophole Elimi4 nation and Verification Enforcement Act.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 2 of the Truth in Lending Act is amended 

7 by inserting after the item relating to section 139 the fol8 lowing new item: 

‘‘140. Mortgages prohibited for principal residences of individuals who lack valid 

personal identification.’’. 

9 SEC. 402. PROHIBITION ON PUBLIC HOUSING AND SECTION 

10 8 RENTAL ASSISTANCE FOR ILLEGAL ALIENS. 

11 Occupancy in public housing assisted under the 

12 United States Housing Act of 1937 (42 U.S.C. 1437 et 

13 seq.) may not be provided to any individual or household, 

14 and rental assistance under section 8 of such Act (42 

15 U.S.C. 1437f) may not be provided to or on behalf of any 

16 individual or household, unless the public housing agency 

17 or owner of housing assisted under section 8, as applica18 ble, verifies that the individual, or in the case of a house19 hold, all adult members of the household, are citizens or 

20 nationals of the United States or are lawfully present in 

21 the United States, by requiring such individual, or in the 

22 case of a household, all adult members of the household, 

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1 sonal identification in one of the forms specified in section 

2 201(a) of this Act. 

3 SEC. 403. PROHIBITION ON RENTING OF DWELLING UNITS 

4 TO ILLEGAL ALIENS. 

5 It is the sense of the Congress that renting a dwelling 

6 unit to an individual who is unlawfully present in the 

7 United States, or to any household that includes such an 

8 individual, should be considered an act of harboring an 

9 illegal alien or assisting an illegal alien to reside in the 

10 United States and therefore illegal. 

11 SEC. 404. PROHIBITION ON FEDERAL AND GOVERNMENT12 SPONSORED ENTERPRISE SUPPORT FOR 

13 MORTGAGES FOR ILLEGAL ALIENS. 

14 (a) FEDERAL AGENCIES.—No Federal agency, de15 partment, office, or other instrumentality may make, in16 sure, or guarantee any mortgage or loan for the purchase 

17 of, or secured by, a residential property unless the mort18 gagee under such mortgage, or the lender under such loan, 

19 as the case may be, has verified that the mortgagor under 

20 the mortgage or borrower under the loan, as the case may 

21 be, is a citizen or national of the United States or is law22 fully present in the United States, by requiring such mort23 gagor or borrower to provide to such lender under such 

24 mortgage or loan valid personal identification in one of 

25 the forms specified in section 201(a) of this Act. 


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1 (b) FANNIE MAE AND FREDDIE MAC.—The Federal 

2 National Mortgage Association and the Federal Home 

3 Loan Mortgage Corporation may not purchase, securitize, 

4 service, sell, lend on the security of, or otherwise deal in 

5 any mortgage or loan unless the mortgagee under such 

6 mortgage has verified that the mortgagor under the mort7 gage is a citizen or national of the United States or is 

8 lawfully present in the United States, by requiring such 

9 mortgagor to provide to such mortgagee under such mort10 gage valid personal identification in one of the forms speci11 fied in section 201(a) of this Act. 

12 TITLE V—TAXES AND SOCIAL 

13 SECURITY 

14 SEC. 501. PROHIBITING TOTALIZATION AGREEMENTS THAT 

15 BENEFIT UNLAWFULLY PRESENT ALIENS. 

16 It is the sense of the House of Representatives that 

17 the totalization agreement establishing totalization ar18 rangements between the Social Security system estab19 lished by title II of such Act and the Social Security sys20 tem of Mexico, signed by the Commissioner of Social Secu21 rity and the Director General, Mexican Social Security In22 stitute, on June 29, 2004, is inappropriate public policy 

23 and should not take effect. 


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1 SEC. 502. NO SOCIAL SECURITY CREDIT FOR WORK PER2 FORMED WHILE UNLAWFULLY PRESENT. 

3 (a) DETERMINATIONS OF INSURED STATUS.—Sec4 tion 214(c)(1) of the Social Security Act (42 U.S.C. 

5 414(c)(1)) is amended by striking ‘‘at the time of assign6 ment,’’ and all that follows through ‘‘any later time,’’ and 

7 inserting ‘‘at the time any such quarters of coverage are 

8 earned,’’. 

9 (b) ENTITLEMENT TO DISABILITY INSURANCE BEN10 EFITS.—Section 223(a)(1)(C)(i) of such Act (42 U.S.C. 

11 423(a)(1)(C)(i)) is amended by striking ‘‘at the time of 

12 assignment,’’ and all that follows through ‘‘any later 

13 time,’’ and inserting ‘‘at the time any such quarters of 

14 coverage are earned,’’. 

15 SEC. 503. LIMITED ELIGIBILITY FOR CREDITS. 

16 Notwithstanding any other provision of law, an indi17 vidual who makes a return with respect to Federal income 

18 tax and includes on such return an individual taxpayer 

19 identification number in lieu of a Social Security account 

20 number shall not be eligible for any refund of or credit 

21 against Federal income tax, including the earned income 

22 tax credit under section 32 of the Internal Revenue Code 

23 of 1986. 


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1 SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA2 TION NUMBER ABUSE. 

3 (a) MODIFIED ITIN FORMAT AND LAWFUL PRES4 ENCE REQUIREMENT.— 

5 (1) IN GENERAL.—Section 6109(c) of the Inter6 nal Revenue Code of 1986 (26 U.S.C. 6109(c)) is 

7 amended to read as follows: 

8 ‘‘(c) REQUIREMENT OF INFORMATION.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion, the Secretary is authorized to require such in11 formation of any person as may be necessary to as12 sign an identifying number. 

13 ‘‘(2) SEPARATE FROM SOCIAL SECURITY AC14 COUNT NUMBERS.—Any identifying number assigned 

15 by the Secretary shall be comprised of a sequence of 

16 numerals and dashes that is visually distinguishable 

17 from and will not be mistaken for a Social Security 

18 account number. 

19 ‘‘(3) VERIFICATION OF STATUS FOR ALIENS.— 

20 Prior to issuing any identifying number to an indi21 vidual who is physically present in the United 

22 States, the Secretary shall verify with the Depart23 ment of Homeland Security that the applicant for 

24 such number is lawfully present in the United 

25 States.’’. 


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1 (2) EFFECTIVE DATE.—Section 6109(c)(2) of 

2 the Internal Revenue Code of 1986, as added by 

3 paragraph (1), shall take effect no later than 30 

4 days after the date of enactment of this Act. 

5 (b) INFORMATION SHARING.— 

6 (1) IN GENERAL.—Section 6103(i)(3) of the In7 ternal Revenue Code of 1986 is amended by adding 

8 at the end the following new subparagraph: 

9 ‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL

10 IMMIGRATION LAW.—The Secretary shall dis11 close in electronic format to the Secretary of 

12 Homeland Security the taxpayer identity (as de13 fined in subsection (b)(6)) of each taxpayer who 

14 has been assigned an individual taxpayer identi15 fication number. The Secretary of Homeland 

16 Security may disclose such information to offi17 cers and employees of the Department to the 

18 extent necessary to enforce Federal immigration 

19 laws.’’. 

20 (2) EFFECTIVE DATE.—The Secretary of the 

21 Treasury shall disclose information under the 

22 amendment made by paragraph (1) not later than 

23 60 days after the date of the enactment of this Act. 


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1 TITLE VI—EMPLOYEE 

2 VERIFICATION 

3 Subtitle A—General Provisions 

4 SEC. 601. MANDATORY EMPLOYMENT AUTHORIZATION 

5 VERIFICATION. 

6 (a) MAKING BASIC PILOT PROGRAM PERMANENT.— 

7 Section 401(b) of the Illegal Immigration Reform and Im8 migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

9 is amended by adding before the period at the end of the 

10 last sentence the following ‘‘, except that the basic pilot 

11 program described in section 403(a) shall be a permanent 

12 program’’. 

13 (b) MANDATORY USE OF E-VERIFY SYSTEM.— 

14 (1) IN GENERAL.—Subject to paragraphs (2) 

15 and (3), every person or other entity that hires one 

16 or more individuals for employment in the United 

17 States shall verify through the E-Verify program, es18 tablished as the basic pilot program by section 

19 403(a) of the Illegal Immigration Reform and Immi20 grant Responsibility Act of 1996 (division C of Pub21 lic Law 104–208; 8 U.S.C. 1324a note), that each 

22 such individual is authorized to work in the United 

23 States. The Secretary of Homeland Security shall 

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1 phone line is an available option in complying with 

2 the preceding sentence. 

3 (2) SELECT ENTITIES REQUIRED TO USE E4 VERIFY PROGRAM IMMEDIATELY.—The following en5 tities must satisfy the requirement in paragraph (1) 

6 by not later than one year after the date of the en7 actment of this Act: 

8 (A) FEDERAL AGENCIES.—Each depart9 ment and agency of the Federal Government. 

10 (B) FEDERAL CONTRACTORS.—A con11 tractor that— 

12 (i) has entered into a contract with 

13 the Federal Government to which section 

14 2(b)(1) of the Service Contract Act of 

15 1965 (41 U.S.C. 351(b)(1)) applies, and 

16 any subcontractor under such contract; or 

17 (ii) has entered into a contract ex18 empted from the application of such Act by 

19 section 6 of such Act (41 U.S.C. 356), and 

20 any subcontractor under such contract; 

21 and 

22 (C) LARGE EMPLOYERS.—An employer 

23 that employs more than 250 individuals in the 

24 United States. 

25 (3) PHASING-IN FOR OTHER EMPLOYERS.— 


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1 (A) 2 YEARS FOR EMPLOYERS OF 100 OR

2 MORE.—Entities that employ 100 or more indi3 viduals in the United States must satisfy the 

4 requirement in paragraph (1) by not later than 

5 two years after the date of the enactment of 

6 this Act. 

7 (B) 3 YEARS FOR EMPLOYERS WITH 30 OR

8 MORE EMPLOYEES.—All entities that employ 30 

9 or more individuals in the United States must 

10 satisfy the requirement in paragraph (1) by not 

11 later than three years after the date of the en12 actment of this Act. 

13 (C) 4 YEARS FOR ALL EMPLOYERS.—All 

14 entities that employ one or more individuals in 

15 the United States must satisfy the requirement 

16 in paragraph (1) by not later than four years 

17 after the date of the enactment of this Act. 

18 (4) VERIFYING EMPLOYMENT AUTHORIZATION

19 OF CURRENT EMPLOYEES.—Every person or other 

20 entity that employs one or more persons in the 

21 United States shall verify through the E-Verify pro22 gram by not later than four years after the date of 

23 the enactment of this Act that each employee is au24 thorized to work in the United States. 


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1 (5) DEFENSE.—An employer who has complied 

2 with the requirements in paragraphs (1) and (4) 

3 shall not be liable for hiring an unauthorized alien, 

4 if— 

5 (A) such hiring occurred due to an error in 

6 the E-Verify program that was unknown to the 

7 employer at the time of such hiring; and 

8 (B) the employer terminates the employ9 ment of the alien upon being informed of the 

10 error. 

11 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

12 failure of an employer to comply with the require13 ments in paragraphs (1) or (4) shall— 

14 (A) be treated as a violation of section 

15 274A(a)(1)(B) with respect to each offense; and 

16 (B) create a rebuttable presumption that 

17 the employer has violated section 

18 274A(a)(1)(A). 

19 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

20 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.— 

21 Nothing in this subsection shall be construed as pre22 venting a person or other entity that is not imme23 diately subject to the requirement of paragraph (1) 

24 pursuant to paragraph (2) or (3) from voluntarily 

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1 ment authorization of new hires or current employ2 ees. 

3 (8) STATE INTERFERENCE.—No State may 

4 prohibit a person or other entity from using the E5 verify program to verify the employment authoriza6 tion of new hires or current employees. 

7 SEC. 602. MANDATORY NOTIFICATION OF SSN MISMATCHES 

8 AND MULTIPLE USES AND DETERMINATIONS 

9 OF INELIGIBILITY FOR EMPLOYMENT. 

10 (a) NOTIFICATION OF MULTIPLE USES OF INDI11 VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.— 

12 (1) PERIODIC REVIEW OF RECORDS REGARDING

13 INDIVIDUALS FOR MATERIAL EMPLOYMENT-BASED

14 INFORMATION.—The Commissioner of Social Secu15 rity shall review, on at least an annual basis, the 

16 records of the Commissioner to determine whether 

17 there is included in such records any material em18 ployment-based information in connection with any 

19 individual with respect to whom such records are 

20 maintained. 

21 (2) NOTIFICATION OF INDIVIDUALS REGARDING

22 MATERIAL EMPLOYMENT-BASED INFORMATION.— 

23 (A) IN GENERAL.—In any case in which 

24 the Commissioner determines, on the basis of 

25 any review pursuant to paragraph (1), that 


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1 there is any material employment-based infor2 mation included in such records relating to any 

3 individual, the Commissioner shall notify such 

4 individual of the existence of such information 

5 and that such information may be evidence of 

6 the occurrence of identity theft. 

7 (B) REQUIREMENTS.—The notification 

8 shall be sent by letter to the individual’s ad9 dress maintained in the Commissioner’s records 

10 and shall include— 

11 (i) the name and location of each per12 son listed in such records as such individ13 ual’s employer involved, 

14 (ii) a statement that, if the listing re15 garding each such employer so identified in 

16 the notification is in fact an accurate rep17 resentation of persons who have been em18 ployers of such individual, there is no prob19 lem and no response to the notification is 

20 required, and 

21 (iii) a statement that, if the listing is 

22 in any respect not in fact an accurate rep23 resentation of persons who have been em24 ployers of such individual, such individual 

25 is requested to notify the Department of 


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1 Homeland Security or the Social Security 

2 Administration of the inaccuracy by tele3 phone or by Internet communication at a 

4 telephone number or website which shall be 

5 specified in the notification. 

6 (b) MATERIAL EMPLOYMENT-BASED INFORMA7 TION.—For purposes of this section, the term ‘‘material 

8 employment-based information’’ means, in relation to any 

9 individual, evidence determined, on the basis of any review 

10 conducted pursuant to subsection (a)(1), that— 

11 (1) such individual has had concurrent earnings 

12 from more than one employer over an extended pe13 riod, 

14 (2) such individual has received benefits under 

15 title II of the Social Security Act while engaged in 

16 employment, or 

17 (3) such individual has been engaged in employ18 ment while under the age of 16. 

19 (c) IDENTIFICATION AND TREATMENT OF UNAU20 THORIZED ALIENS.— 

21 (1) IDENTIFICATION OF SUSPECT EMPLOYERS

22 AND EMPLOYEES AND ISSUANCE OF TENTATIVE DE23 TERMINATION OF UNAUTHORIZED ALIEN STATUS.— 

24 In any case in which the Social Security Administra25 tion receives a notification from an individual pursuVerDate Nov 24 2008 00:14 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H994.IH H994

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1 ant to subsection (a)(2)(B)(iii), the Commissioner of 

2 Social Security shall identify each employer involved 

3 and the employee of such employer actually em4 ployed in lieu of such individual, share with the Sec5 retary of Homeland Security the identity of each 

6 such employer and such employee, and issue a ten7 tative determination that such employee is an unau8 thorized alien (as defined in section 274A(h) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1324a(h))) with respect to the employment. Upon 

11 the issuance of such tentative determination, the 

12 Commissioner shall notify each such employer and 

13 such employee that a potential identity fraud has oc14 curred in connection with the employment of such 

15 employee by such employer, and that such employee 

16 has been tentatively determined to be such an unau17 thorized alien. 

18 (2) ISSUANCE OF CONCLUSIVE DETERMINA19 TION.—If, during the period of 30 business days fol20 lowing the date on which such employee receives 

21 such notification, such employee fails to offer to the 

22 Commissioner evidence of the employee’s correct 

23 identity and that such employee is not an unauthor24 ized alien (as defined in section 274A(h) of the Im25 migration and Nationality Act (8 U.S.C. 1324a(h))) 


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1 with respect to the employment, the Commissioner 

2 shall issue to such employer and such employee a 

3 conclusive determination that such employee is such 

4 an unauthorized alien. 

5 (3) MANDATORY TERMINATION OF EMPLOY6 MENT.—The failure of such employer to immediately 

7 terminate such employment of such employee upon 

8 receipt of such conclusive determination shall be 

9 treated as a violation of section 274a(a)(2) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1324a(a)(2)). 

12 (d) NOTIFICATION OF MISMATCHED NAME AND SO13 CIAL SECURITY NUMBER.—The Commissioner of Social 

14 Security shall notify on an annual basis each United 

15 States employer with one or more employees whose Social 

16 Security account number does not match the employees 

17 name or date of birth in the records of the Commissioner. 

18 Such notification shall instruct employers to notify listed 

19 employees that they have 30 business days to correct the 

20 mismatch with the Social Security Administration or the 

21 employer will be required to terminate their employment. 

22 The notification also shall inform employers that they may 

23 not terminate listed employees prior to the close of the 

24 30-day period. 


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1 (e) INFORMATION SHARING WITH THE DEPARTMENT

2 OF HOMELAND SECURITY.— 

3 (1) Not later than 180 days following the date 

4 of enactment of this Act, the Commissioner of Social 

5 Security shall promulgate regulations in accordance 

6 with section 1106 of the Social Security Act (42 

7 U.S.C. 1306) to require that information regarding 

8 all unresolved mismatch notifications and regarding 

9 all multiple use notifications that lead to the identi10 fication of an unauthorized user of a Social Security 

11 account number be shared with the Secretary of 

12 Homeland Security on a timely basis. 

13 (2) Information to be shared with the Secretary 

14 shall include, at a minimum, the name and mailing 

15 address of all employees who are the subject of an 

16 unresolved mismatch notification or who are unau17 thorized users of another individual’s Social Security 

18 account number. 

19 SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFOR20 MATION RETURNS. 

21 Section 6721 of the Internal Revenue Code of 1986 

22 (26 U.S.C. 6721) is amended by adding at the end the 

23 following: 

24 ‘‘(f) The Secretary shall assess the maximum allow25 able penalties on 100 percent of the employers designated 


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1 in any tax year by the Social Security Administration as 

2 the most egregious noncompliant employers. 

3 ‘‘(g) Notwithstanding any other provision in this sec4 tion, in the case of a failure described in subsection (a)(2) 

5 with respect to any person employing an alien not author6 ized to be so employed, the penalty under this section shall 

7 be determined in accordance with the following table: 

‘‘In the case of— Not less than— Not more than— 

The first offense ............. $2,500 ........................... $5,000 

The second offense ......... $7,500 ........................... $10,000 

The third offense ............ $25,000 ......................... $40,000.’’. 

8 SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as may be required to carry out this subtitle. 

11 Subtitle B—Self-Employed 

12 Subcontractors Loophole 

13 SEC. 611. REQUIRING SELF-EMPLOYED SUBCONTRACTORS 

14 TO PARTICIPATE IN EMPLOYMENT ELIGI15 BILITY VERIFICATION PILOT PROGRAM. 

16 Beginning with fiscal year 2010, none of the funds 

17 authorized to be appropriated for the Department of 

18 Homeland Security or the Department of Justice may be 

19 made available to those departments unless each State and 

20 local government in the United States requires, as condi21 tion on acquisition of a business license, that the applicant 

22 demonstrate that the applicant has verified through the 


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1 E-Verify program, established as the basic pilot program 

2 by section 403(a) of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (division C of Pub4 lic Law 104–208; 8 U.S.C. 1324a note), that the appli5 cant, and each individual employed by the applicant, is 

6 authorized to work in the United States. 

7 Subtitle C—Prohibition on Unlaw8 ful Employment of Aliens in 

9 Capitol 

10 SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRAC11 TORS TO PARTICIPATE IN EMPLOYMENT ELI12 GIBILITY VERIFICATION PILOT PROGRAM. 

13 An office of the legislative branch may not enter into 

14 a contract for the provision of goods or services within 

15 the Capitol Complex with any contractor who employs in16 dividuals unless the contractor— 

17 (1) elects to participate in the basic pilot pro18 gram described in section 403(a) of the Illegal Im19 migration Reform and Immigrant Responsibility Act 

20 of 1996 (8 U.S.C. 1324a note), and is in compliance 

21 with the terms and conditions of such election, with 

22 respect to all of its employees as well as those pro23 viding goods or services under the contract; and 

24 (2) certifies that each of its subcontractors pro25 viding goods or services under the contract has electVerDate Nov 24 2008 00:14 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H994.IH H994

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1 ed to participate in such program, and is in compli2 ance with the terms and conditions of such election, 

3 with respect to all of its employees as well as those 

4 providing goods or services under the subcontract. 

5 SEC. 622. CAPITOL COMPLEX DEFINED. 

6 For purposes of this subtitle, the ‘‘Capitol Complex’’ 

7 consists of the following facilities together with their 

8 grounds: 

9 (1) The United States Capitol (including the 

10 Capitol Visitor Center) and the Capitol Grounds. 

11 (2) The Cannon, Longworth, Rayburn, and 

12 Ford House Office Buildings. 

13 (3) The Russell, Dirksen, and Hart Senate Of14 fice Buildings. 

15 (4) The House of Representatives Child Care 

16 Center and the Senate Employee Child Care Center. 

17 (5) Any facility serving as a dormitory resi18 dence for Congressional pages. 

19 (6) The United States Botanic Garden. 

20 (7) The Jefferson, Madison, and Adams Build21 ings of the Library of Congress. 

22 (8) The Capitol Power Plant. 

23 (9) The United States Capitol Police Head24 quarters Building. 


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1 SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT 

2 CONTRACTS. 

3 (a) IN GENERAL.—This subtitle shall apply with re4 spect to contracts entered into after the expiration of the 

5 30-day period which begins on the date of the enactment 

6 of this Act. 

7 (b) TRANSITION FOR CURRENT CONTRACTS.—Upon 

8 the enactment of this Act, each office of the legislative 

9 branch with a contract in effect on the date of the enact10 ment of this Act which is described in section 621 shall 

11 obtain assurances from the contractor involved that the 

12 contractor will meet the requirements of such section prior 

13 to the expiration of the period described in subsection (a). 

14 Subtitle D—Coordination Between 

15 SSA and IRS 

16 SEC. 631. AVAILABILTY OF INFORMATION. 

17 The Commissioner of Social Security shall make 

18 available to the Commissioner of Internal Revenue any in19 formation related to the investigation and enforcement of 

20 section 162(c)(4) of the Internal Revenue Code of 1986, 

21 including any no-match letter and any information in the 

22 earnings suspense file. 


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1 TITLE VII—PROHIBITING UN2 LAWFULLY PRESENT ALIENS 

3 FROM OBTAINING FINANCIAL 

4 SERVICES 

5 SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION 

6 PROHIBITED AS PROOF OF IDENTITY TO 

7 OPEN ACCOUNTS AT FINANCIAL INSTITU8 TIONS. 

9 Section 5318(l) of title 31, United States Code (relat10 ing to identification and verification of accountholders) is 

11 inserting after paragraph (6) (as added by section 202) 

12 the following new paragraph: 

13 ‘‘(7) PROHIBITION ON USE OF IDENTIFICATION

14 ISSUED BY A FOREIGN GOVERNMENT.—A financial 

15 institution may not accept any form of identification 

16 that was issued by a foreign government, other than 

17 a passport that meets the requirement of paragraph 

18 (6), for use in verifying the identity of a person in 

19 connection with the opening of an account by such 

20 person at the financial institution, including a 

21 matricula consular issued in the United States by a 

22 duly authorized consular officer of the Government 

23 of Mexico.’’. 


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1 SEC. 702. ‘‘KNOW YOUR CUSTOMER’’ REGULATIONS AP2 PLIED TO CERTAIN TRANSMITTING BUSI3 NESSES. 

4 Section 5318(m) of title 31, United States Code, is 

5 amended by striking ‘‘promulgated pursuant to the au6 thority contained in’’ and inserting ‘‘prescribed under 

7 paragraph (1) of subsection (l) (notwithstanding para8 graph (5) of such subsection) or’’. 

9 SEC. 703. REQUIREMENTS RELATING TO THE UNITED 

10 STATES POSTAL SERVICE. 

11 (a) IN GENERAL.—The United States Postal Service 

12 shall take such measures as may be necessary to ensure 

13 that in the administration of any international wire trans14 fer service, no transfer may be made unless the sender 

15 presents an acceptable form of identification, as deter16 mined in accordance with section 201. 

17 (b) DEFINITION.—For purposes of this section, the 

18 term ‘‘international wire transfer service’’ means any pro19 gram or service, administered by the United States Postal 

20 Service, which provides for the international electronic 

21 transfer of money. 

22 (c) EFFECTIVE DATE.—The requirements of this sec23 tion shall take effect six months after the date of the en24 actment of this Act. 


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1 SEC. 704. APPLICABILITY OF IDENTIFICATION RULES TO 

2 CERTAIN TRANSACTIONS INVOLVING THE 

3 FEDERAL RESERVE BOARD, INCLUDING THE 

4 DIRECTO A ME ́ XICO PROGRAM. 

5 (a) IN GENERAL.—The Board of Governors of the 

6 Federal Reserve System shall take such measures as may 

7 be necessary to ensure that in the administration of any 

8 international wire transfer service or settlement services, 

9 including any automated clearing house transaction such 

as the Directo a Me ́xico 10 TM program, no transfer may be 

11 made unless the financial institution involved has certified 

12 that the sender has presented an acceptable form of identi13 fication, as determined in accordance with section 202(a). 

14 (b) DEFINITION.—For purposes of this section, the 

15 term ‘‘international wire transfer service or settlement’’ 

16 means any program or service, administered by the Board 

17 of Governors of the Federal Reserve System directly or 

18 through any Federal reserve bank, including the Fedwire 

19 Funds Service, which provides for the international elec20 tronic transfer of funds. 

21 (c) EFFECTIVE DATE.—The requirements of this sec22 tion shall take effect six months after the date of the en23 actment of this Act. 


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1 TITLE VIII—BORDER AND LAW 

2 ENFORCEMENT 

3 SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECU4 RITY IMPROVEMENTS. 

5 (a) IN GENERAL.—Section 102(b)(1) of the Illegal 

6 Immigration Reform and Immigrant Responsibility Act of 

7 1996 (8 U.S.C. 1103 note) is amended to read as follows: 

8 ‘‘(1) SECURITY FEATURES.— 

9 ‘‘(A) REINFORCED FENCING.—In carrying 

10 out subsection (a), the Secretary of Homeland 

11 Security shall provide for at least 2 layers of re12 inforced fencing, the installation of additional 

13 physical barriers, roads, lighting, cameras, and 

14 sensors— 

15 ‘‘(i) extending from 10 miles west of 

16 the Tecate, California, port of entry to 10 

17 miles east of the Tecate, California, port of 

18 entry; 

19 ‘‘(ii) extending from 10 miles west of 

20 the Calexico, California, port of entry to 5 

21 miles east of the Douglas, Arizona, port of 

22 entry; 

23 ‘‘(iii) extending from 5 miles west of 

24 the Columbus, New Mexico, port of entry 

25 to 10 miles east of El Paso, Texas; 


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1 ‘‘(iv) extending from 5 miles north2 west of the Del Rio, Texas, port of entry 

3 to 5 miles southeast of the Eagle Pass, 

4 Texas, port of entry; and 

5 ‘‘(v) extending 15 miles northwest of 

6 the Laredo, Texas, port of entry to the 

7 Brownsville, Texas, port of entry. 

8 ‘‘(B) COMPLETION DATES.—With respect 

9 to the border area described in subparagraph 

10 (A), the Secretary shall ensure that the duties 

11 required under such subparagraph are com12 pleted by not later than July 31, 2010. 

13 ‘‘(C) EXCEPTION.—If the topography of a 

14 specific area has an elevation grade that ex15 ceeds 10 percent, the Secretary may use other 

16 means to secure such area, including the use of 

17 surveillance and barrier tools.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary of Home20 land Security such sums as may be necessary to carry out 

21 the amendment made by subsection (a). 

22 (c) REPEALS.—Subsection (b) of section 564 of divi23 sion E of the Consolidated Appropriations Act, 2008 

24 (Public Law 110–161) is repealed. The amendment made 

25 by subsection (a)(2)(A) of such section is repealed. 


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1 SEC. 802. INCREASE IN FULL-TIME BORDER PATROL 

2 AGENTS. 

3 Section 5202 of the Intelligence Reform and Ter4 rorism Prevention Act of 2004 (Public Law 108–458; 118 

5 Stat. 3734) is amended to read as follows: 

6 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

7 AGENTS. 

8 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home9 land Security shall, subject to the availability of appropria10 tions for such purpose, increase the number of positions 

11 for full-time active-duty Border Patrol agents within the 

12 Department of Homeland Security (above the number of 

13 positions for which funds were appropriated for the pre14 ceding fiscal year), by— 

15 ‘‘(1) 2,500 in fiscal year 2010; 

16 ‘‘(2) 2,000 in fiscal year 2011; 

17 ‘‘(3) 1,500 in fiscal year 2012; 

18 ‘‘(4) 1,000 in fiscal year 2013; and 

19 ‘‘(5) 1,000 in fiscal year 2014. 

20 ‘‘(b) ALLOCATIONS.—Of the Border Patrol agents 

21 hired under subsection (a), 80 percent shall be deployed 

22 along the southern border of the United States and 20 

23 percent shall be deployed along the northern border of the 

24 United States. 

25 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The 

26 necessary funds are authorized to be appropriated for each 


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1 of fiscal years 2010 through 2014 to carry out this sec2 tion.’’. 

3 SEC. 803. INCREASE IN NUMBER OF ICE AGENTS. 

4 Section 5203 of the Intelligence Reform and Ter5 rorism Prevention Act of 2004 (Public Law 108–458; 118 

6 Stat. 3734) is amended to read as follows: 

7 ‘‘SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND 

8 CUSTOMS ENFORCEMENT INVESTIGATORS. 

9 ‘‘(a) IN GENERAL.—By not later than September 30, 

10 2013, the Secretary of Homeland Security shall, subject 

11 to the availability of appropriations for such purpose, in12 crease by 3,000 the number of positions for full-time ac13 tive-duty investigators within the Department of Home14 land Security investigating violations of immigration laws 

15 (as defined in section 101(a)(17) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(a)(17))) above the number 

17 of such positions for which funds were made available dur18 ing the preceding fiscal year. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary to carry 

21 out this section such sums as may be necessary for each 

22 fo fiscal years 2010 through 2013.’’. 


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1 TITLE IX—STATE AND LOCAL 

2 GOVERNMENT AUTHORITY 

3 Subtitle A—General Provisions 

4 SEC. 901. STATE DEFINED; SEVERABILITY. 

5 (a) STATE DEFINED.—For purposes of this title the 

6 term ‘‘State’’ has the meaning given such term in section 

7 101(a)(36) of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a)(36)). 

9 (b) SEVERABILITY.—If any provision of this title, or 

10 the application of such provision to any person or cir11 cumstance, is held invalid, the remainder of this title and 

12 the application of such provision to other persons not simi13 larly situated or to other circumstances, shall not be af14 fected by such invalidation. 

15 SEC. 902. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 

16 IMMIGRATION LAW ENFORCEMENT BY 

17 STATES AND POLITICAL SUBDIVISIONS OF 

18 STATES. 

19 Notwithstanding any other provision of law and re20 affirming the existing inherent authority of States, law en21 forcement personnel of a State, or of a political subdivision 

22 of a State, have the inherent authority of a sovereign enti23 ty to investigate, identify, apprehend, arrest, detain, or 

24 transfer to Federal custody aliens in the United States 

25 (including the transportation of such aliens across State 


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1 lines to detention centers), for the purposes of assisting 

2 in the enforcement of the immigration laws of the United 

3 States in the course of carrying out routine duties. This 

4 State authority has never been displaced or preempted by 

5 Congress. 

6 SEC. 903. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

7 ENFORCEMENT OF IMMIGRATION LAWS EN8 COURAGED. 

9 (a) IN GENERAL.—Effective two years after the date 

10 of the enactment of this Act, a State, or a political subdivi11 sion of a State, that has in effect a statute, policy, or prac12 tice that prohibits law enforcement officers of the State, 

13 or of a political subdivision of the State, from assisting 

14 or cooperating with Federal immigration law enforcement 

15 in the course of carrying out the officers’ routine law en16 forcement duties shall not receive any of the funds that 

17 would otherwise be allocated to the State under section 

18 241(i) of the Immigration and Nationality Act (8 U.S.C. 

19 1231(i)). 

20 (b) CONSTRUCTION.—Nothing in this section shall 

21 require law enforcement officials from States, or from po22 litical subdivisions of States, to report or arrest victims 

23 or witnesses of a criminal offense. 

24 (c) REALLOCATION OF FUNDS.—Any funds that are 

25 not allocated to a State, or to a political subdivision of 


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1 a State, due to the failure of the State, or of the political 

2 subdivision of the State, to comply with subsection (a) 

3 shall be reallocated to States, or to political subdivisions 

4 of States, that comply with such subsection. 

5 SEC. 904. LISTING OF IMMIGRATION VIOLATORS IN THE NA6 TIONAL CRIME INFORMATION CENTER DATA7 BASE. 

8 (a) PROVISION OF INFORMATION TO THE NCIC.— 

9 Not later than 180 days after the date of the enactment 

10 of this Act and periodically thereafter as updates may re11 quire, the Under Secretary for Border and Transportation 

12 Security of the Department of Homeland Security shall 

13 provide the National Crime Information Center of the De14 partment of Justice with such information as the Under 

15 Secretary may possess regarding any aliens against whom 

16 a final order of removal has been issued, any aliens who 

17 have signed a voluntary departure agreement, any aliens 

18 who have overstayed their authorized period of stay, and 

19 any aliens whose visas have been revoked. The National 

20 Crime Information Center shall enter such information 

21 into the Immigration Violators File of the National Crime 

22 Information Center database, regardless of whether— 

23 (1) the alien concerned received notice of a final 

24 order of removal; 


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1 (2) the alien concerned has already been re2 moved; or 

3 (3) sufficient identifying information is avail4 able with respect to the alien concerned. 

5 (b) INCLUSION OF INFORMATION IN THE NCIC 

6 DATABASE.—Section 534(a) of title 28, United States 

7 Code, is amended— 

8 (1) in paragraph (3), by striking ‘‘and’’ at the 

9 end; 

10 (2) by redesignating paragraph (4) as para11 graph (5); and 

12 (3) by inserting after paragraph (3) the fol13 lowing new paragraph: 

14 ‘‘(4) acquire, collect, classify, and preserve 

15 records of violations by aliens of the immigration 

16 laws of the United States, regardless of whether any 

17 such alien has received notice of the violation or 

18 whether sufficient identifying information is avail19 able with respect to any such alien and even if any 

20 such alien has already been removed from the 

21 United States; and’’. 


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1 SEC. 905. STATE AND LOCAL LAW ENFORCEMENT PROVI2 SION OF INFORMATION ABOUT APPRE3 HENDED ALIENS. 

4 (a) PROVISION OF INFORMATION.—In compliance 

5 with section 642(a) of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 

7 and section 434 of the Personal Responsibility and Work 

8 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 

9 each State, and each political subdivision of a State, shall 

10 provide the Secretary of Homeland Security in a timely 

11 manner with the information specified in subsection (b) 

12 with respect to each alien apprehended in the jurisdiction 

13 of the State, or in the political subdivision of the State, 

14 who is believed to be in violation of the immigration laws 

15 of the United States. 

16 (b) INFORMATION REQUIRED.—The information re17 ferred to in subsection (a) is as follows: 

18 (1) The alien’s name. 

19 (2) The alien’s address or place of residence. 

20 (3) A physical description of the alien. 

21 (4) The date, time, and location of the encoun22 ter with the alien and reason for stopping, detaining, 

23 apprehending, or arresting the alien. 

24 (5) If applicable, the alien’s driver’s license 

25 number and the State of issuance of such license. 


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1 (6) If applicable, the type of any other identi2 fication document issued to the alien, any designa3 tion number contained on the identification docu4 ment, and the issuing entity for the identification 

5 document. 

6 (7) If applicable, the license plate number, 

7 make, and model of any automobile registered to, or 

8 driven by, the alien. 

9 (8) A photo of the alien, if available or readily 

10 obtainable. 

11 (9) The alien’s fingerprints, if available or read12 ily obtainable. 

13 (c) ANNUAL REPORT ON REPORTING.—The Sec14 retary shall maintain and annually submit to Congress a 

15 detailed report listing the States, or the political subdivi16 sions of States, that have provided information under sub17 section (a) in the preceding year. 

18 (d) REIMBURSEMENT.—The Secretary of Homeland 

19 Security shall reimburse States, and political subdivisions 

20 of a State, for all reasonable costs, as determined by the 

21 Secretary, incurred by the State, or the political subdivi22 sion of a State, as a result of providing information under 

23 subsection (a). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary such sums 

3 as are necessary to carry out this section. 

4 (f) CONSTRUCTION.—Nothing in this section shall re5 quire law enforcement officials of a State, or of a political 

6 subdivision of a State, to provide the Secretary of Home7 land Security with information related to a victim of a 

8 crime or witness to a criminal offense. 

9 SEC. 906. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

10 POLICE AGENCIES THAT ASSIST IN THE EN11 FORCEMENT OF IMMIGRATION LAWS. 

12 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

13 AND PROCESSING CERTAIN ALIENS.—From amounts 

14 made available to make grants under this section, the Sec15 retary of Homeland Security shall make grants to States, 

16 and to political subdivisions of States, for procurement of 

17 equipment, technology, facilities, and other products that 

18 facilitate and are directly related to investigating, appre19 hending, arresting, detaining, or transporting aliens who 

20 have violated the immigration law of the United States, 

21 including additional administrative costs incurred under 

22 this title. 

23 (b) ELIGIBILITY.—To be eligible to receive a grant 

24 under this section, a State, or a political subdivision of 

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1 ten policy and a practice to, assist in the enforcement of 

2 the immigration laws of the United States in the course 

3 of carrying out the routine law enforcement duties of such 

4 State or political subdivision of a State. Entities covered 

5 under this section may not have any policy or practice that 

6 prevents local law enforcement from inquiring about a sus7 pect’s immigration status. 

8 (c) FUNDING.—There is authorized to be appro9 priated to the Secretary for grants under this section such 

10 sums as may be necessary for fiscal year 2010 and each 

11 subsequent fiscal year. 

12 (d) GAO AUDIT.—Not later than three years after 

13 the date of the enactment of this Act, the Comptroller 

14 General of the United States shall conduct an audit of 

15 funds distributed to States, and to political subdivisions 

16 of a State, under subsection (a). 

17 SEC. 907. INCREASED FEDERAL DETENTION SPACE. 

18 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

19 FACILITIES.— 

20 (1) IN GENERAL.—The Secretary of Homeland 

21 Security shall construct or acquire, in addition to ex22 isting facilities for the detention of aliens, 20 deten23 tion facilities in the United States, with at least 500 

24 beds per facility, for aliens detained pending removal 


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1 from the United States or a decision regarding such 

2 removal. 

3 (2) DETERMINATIONS.—The location of any de4 tention facility built or acquired in accordance with 

5 this subsection shall be determined by the Deputy 

6 Assistant Director of the Detention Management Di7 vision of the Immigration and Customs Enforcement 

8 Office of Detention and Removal within United 

9 States Immigration and Customs Enforcement. 

10 (3) USE OF INSTALLATIONS UNDER BASE CLO11 SURE LAWS.—In acquiring detention facilities under 

12 this subsection, the Secretary of Homeland Security 

13 shall consider the transfer of appropriate portions of 

14 military installations approved for closure or realign15 ment under the Defense Base Closure and Realign16 ment Act of 1990 (part A of title XXIX of Public 

17 Law 101–510; 10 U.S.C. 2687 note) for use in ac18 cordance with paragraph (1). 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary such 

21 sums as are necessary to carry out this section. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

23 Section 241(g)(1) of the Immigration and Nationality Act 

24 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex25 pend’’ and inserting ‘‘shall expend’’. 


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1 SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 

2 PRESENT IN THE UNITED STATES APPRE3 HENDED BY STATE OR LOCAL LAW ENFORCE4 MENT. 

5 (a) STATE APPREHENSION.— 

6 (1) IN GENERAL.—Title II of the Immigration 

7 and Nationality Act (8 U.S.C. 1151 et seq.) is 

8 amended by inserting after section 240C the fol9 lowing: 

10 ‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE

11 UNITED STATES

12 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE

13 AND LOCAL OFFICIALS.—If a State, or a political subdivi14 sion of the State, exercising authority with respect to the 

15 apprehension or arrest of an alien who is unlawfully 

16 present in the United States submits to the Secretary of 

17 Homeland Security a request that the alien be taken into 

18 Federal custody, the Secretary— 

19 ‘‘(1) shall— 

20 ‘‘(A) not later than 48 hours after the con21 clusion of the State, or the political subdivision 

22 of a State, charging process or dismissal proc23 ess, or if no State or political subdivision charg24 ing or dismissal process is required, not later 

25 than 48 hours after the alien is apprehended, 


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1 take the alien into the custody of the Federal 

2 Government and incarcerate the alien; or 

3 ‘‘(B) request that the relevant State or 

4 local law enforcement agency temporarily incar5 cerate or transport the alien for transfer to 

6 Federal custody; and 

7 ‘‘(2) shall designate at least one Federal, State, 

8 or local prison or jail or a private contracted prison 

9 or detention facility within each State as the central 

10 facility for that State to transfer custody of aliens 

11 to the Department of Homeland Security. 

12 ‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL

13 DETENTION FACILITIES.—In carrying out section 

14 241(g)(1), the Attorney General or Secretary of Homeland 

15 Security shall ensure that an alien arrested under this Act 

16 shall be detained, pending the alien’s being taken for the 

17 examination under this section, in a State or local prison, 

18 jail, detention center, or other comparable facility. Not19 withstanding any other provision of law or regulation, 

20 such facility is adequate for detention, if— 

21 ‘‘(1) such a facility is the most suitably located 

22 Federal, State, or local facility available for such 

23 purpose under the circumstances; 

24 ‘‘(2) an appropriate arrangement for such use 

25 of the facility can be made; and 


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1 ‘‘(3) such facility satisfies the standards for the 

2 housing, care, and security of persons held in cus3 tody of a United States marshal. 

4 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

5 Security shall reimburse States, and political subdivisions 

6 of a State, for all reasonable expenses, as determined by 

7 the Secretary, incurred by the State, or political subdivi8 sion, as a result of the incarceration and transportation 

9 of an alien who is unlawfully present in the United States 

10 as described in subparagraphs (A) and (B) of subsection 

11 (a)(1). Compensation provided for costs incurred under 

12 such subparagraphs shall be the average cost of incarcer13 ation of a prisoner in the relevant State, as determined 

14 by the chief executive officer of a State, or of a political 

15 subdivision of a State, plus the cost of transporting the 

16 alien from the point of apprehension to the place of deten17 tion, and to the custody transfer point if the place of de18 tention and place of custody are different. 

19 ‘‘(d) SECURE FACILITIES.—The Secretary of Home20 land Security shall ensure that aliens incarcerated in Fed21 eral facilities pursuant to this Act are held in facilities 

22 that provide an appropriate level of security. 

23 ‘‘(e) TRANSFER.— 

24 ‘‘(1) IN GENERAL.—In carrying out this sec25 tion, the Secretary of Homeland Security shall esVerDate Nov 24 2008 00:14 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H994.IH H994

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1 tablish a regular circuit and schedule for the prompt 

2 transfer of apprehended aliens from the custody of 

3 States, and political subdivisions of a State, to Fed4 eral custody. 

5 ‘‘(2) CONTRACTS.—The Secretary may enter 

6 into contracts, including appropriate private con7 tracts, to implement this subsection. 

8 ‘‘(f) DEFINITION.—For purposes of this section, the 

9 term ‘alien who is unlawfully present in the United States’ 

10 means an alien who— 

11 ‘‘(1) entered the United States without inspec12 tion or at any time, manner or place other than that 

13 designated by the Secretary of Homeland Security; 

14 ‘‘(2) was admitted as a nonimmigrant and who, 

15 at the time the alien was taken into custody by the 

16 State, or a political subdivision of the State, had 

17 failed to— 

18 ‘‘(A) maintain the nonimmigrant status in 

19 which the alien was admitted or to which it was 

20 changed under section 248; or 

21 ‘‘(B) comply with the conditions of any 

22 such status; 

23 ‘‘(3) was admitted as an immigrant and has 

24 subsequently failed to comply with the requirements 

25 of that status; or 


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1 ‘‘(4) failed to depart the United States under a 

2 voluntary departure agreement or under a final 

3 order of removal.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of such Act is amended by inserting after the 

6 item relating to section 240C the following new item: 

‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 

7 (b) GAO AUDIT.—Not later than three years after 

8 the date of the enactment of this Act, the Comptroller 

9 General of the United States shall conduct an audit of 

10 compensation to States, and to political subdivisions of a 

11 State, for the incarceration of aliens unlawfully present 

12 in the United States under section 240D(a) of the Immi13 gration and Nationality Act (as added by subsection 

14 (a)(1)). 

15 SEC. 909. TRAINING OF STATE AND LOCAL LAW ENFORCE16 MENT PERSONNEL RELATING TO THE EN17 FORCEMENT OF IMMIGRATION LAWS. 

18 (a) ESTABLISHMENT OF TRAINING MANUAL AND

19 POCKET GUIDE.—Not later than 180 days after the date 

20 of the enactment of this Act, the Secretary of Homeland 

21 Security shall establish— 

22 (1) a training manual for law enforcement per23 sonnel of a State, or of a political subdivision of a 

24 State, to train such personnel in the investigation, 

25 identification, apprehension, arrest, detention, and 


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1 transfer to Federal custody of aliens unlawfully 

2 present in the United States (including the transpor3 tation of such aliens across State lines to detention 

4 centers and the identification of fraudulent docu5 ments); and 

6 (2) an immigration enforcement pocket guide 

7 for law enforcement personnel of a State, or of a po8 litical subdivision of a State, to provide a quick ref9 erence for such personnel in the course of duty. 

10 (b) AVAILABILITY.—The training manual and pocket 

11 guide established in accordance with subsection (a) shall 

12 be made available to all State and local law enforcement 

13 personnel. 

14 (c) APPLICABILITY.—Nothing in this section shall be 

15 construed to require State or local law enforcement per16 sonnel to carry the training manual or pocket guide with 

17 them while on duty. 

18 (d) COSTS.—The Secretary of Homeland Security 

19 shall be responsible for any costs incurred in establishing 

20 the training manual and pocket guide. 

21 (e) TRAINING FLEXIBILITY.— 

22 (1) IN GENERAL.—The Secretary of Homeland 

23 Security shall make training of State and local law 

24 enforcement officers available through as many 

25 means as possible, including through residential 


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1 training at the Center for Domestic Preparedness, 

2 onsite training held at State or local police agencies 

3 or facilities, online training courses by computer, 

4 teleconferencing, and videotape, or the digital video 

5 display (DVD) of a training course or courses. E6 learning through a secure, encrypted distributed 

7 learning system that has all its servers based in the 

8 United States, is scalable, survivable, and can have 

9 a portal in place not later than 30 days after the 

10 date of the enactment of this Act, shall be made 

11 available by the Federal Law Enforcement Training 

12 Center Distributed Learning Program for State and 

13 local law enforcement personnel. 

14 (2) FEDERAL PERSONNEL TRAINING.—The 

15 training of State and local law enforcement per16 sonnel under this section shall not displace the train17 ing of Federal personnel. 

18 (3) CLARIFICATION.—Nothing in this title or 

19 any other provision of law shall be construed as 

20 making any immigration-related training a require21 ment for, or prerequisite to, any State or local law 

22 enforcement officer to assist in the enforcement of 

23 Federal immigration laws in the normal course of 

24 carrying out the normal law enforcement duties of 

25 such officers. 


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1 In carrying out this section, priority funding shall be given 

2 for existing web-based immigration enforcement training 

3 systems. 

4 SEC. 910. IMMUNITY. 

5 (a) PERSONAL IMMUNITY.—Notwithstanding any 

6 other provision of law, a law enforcement officer of a State 

7 or local law enforcement agency who is acting within the 

8 scope of the officer’s official duties shall be immune, to 

9 the same extent as a Federal law enforcement officer, 

10 from personal liability arising out of the performance of 

11 any duty described in this title. 

12 (b) AGENCY IMMUNITY.—Notwithstanding any other 

13 provision of law, a State or local law enforcement agency 

14 shall be immune from any claim for money damages based 

15 on Federal, State, or local civil rights law for an incident 

16 arising out of the enforcement of any immigration law, 

17 except to the extent a law enforcement officer of such 

18 agency committed a violation of Federal, State, or local 

19 criminal law in the course of enforcing such immigration 

20 law. 

21 SEC. 911. INSTITUTIONAL REMOVAL PROGRAM (IRP). 

22 (a) CONTINUATION AND EXPANSION.— 

23 (1) IN GENERAL.—The Secretary of Homeland 

24 Security shall continue to operate and implement the 


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1 program known as the Institutional Removal Pro2 gram (IRP) which— 

3 (A) identifies removable criminal aliens in 

4 Federal and State correctional facilities; 

5 (B) ensures such aliens are not released 

6 into the community; and 

7 (C) removes such aliens from the United 

8 States after the completion of their sentences. 

9 (2) EXPANSION.—The Institutional Removal 

10 Program shall be extended to all States. Any State 

11 that receives Federal funds for the incarceration of 

12 criminal aliens shall— 

13 (A) cooperate with officials of the Institu14 tional Removal Program; 

15 (B) expeditiously and systematically iden16 tify criminal aliens in its prison and jail popu17 lations; and 

18 (C) promptly convey such information to 

19 officials of such Program as a condition of re20 ceiving such funds. 

21 (b) AUTHORIZATION FOR DETENTION AFTER COM22 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

23 enforcement officers of a State, or of a political subdivision 

24 of a State, are authorized to— 


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1 (1) hold a criminal alien for a period of up to 

2 14 days after the alien has completed the alien’s 

3 State prison sentence in order to effectuate the 

4 transfer of the alien to Federal custody when the 

5 alien is removable or not lawfully present in the 

6 United States; or 

7 (2) issue a detainer that would allow aliens who 

8 have served a State prison sentence to be detained 

9 by the State prison until personnel from United 

10 States Immigration and Customs Enforcement can 

11 take the alien into custody. 

12 (c) TECHNOLOGY USAGE.—Technology such as video 

13 conferencing shall be used to the maximum extent prac14 ticable in order to make the Institutional Removal Pro15 gram available in remote locations. Mobile access to Fed16 eral databases of aliens, such as IDENT, and live scan 

17 technology shall be used to the maximum extent prac18 ticable in order to make these resources available to State 

19 and local law enforcement agencies in remote locations. 

20 Subtitle B—Eliminating Sanctuary 

21 Cities 

22 SEC. 921. ELIMINATING SANCTUARY CITIES. 

23 None of the funds made available for the Department 

24 of Homeland Security or the Department of Justice may 

25 be provided to any State or unit of local government that 


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1 has in effect any law, policy, or procedure in contravention 

2 of subsection (a) or (b) of section 642 of the Illegal Immi3 gration Reform and Immigrant Responsibility Act of 1996 

4 (8 U.S.C. 1373). 

5 Subtitle C—Criminal Aliens 

6 SEC. 931. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

7 (SCAAP). 

8 Section 241(i)(5) of the Immigration and Nationality 

9 Act (8 U.S.C.1231(i)) is amended to read as follows: 

10 ‘‘(5) There are authorized to be appropriated to 

11 carry out this subsection such sums as may be nec12 essary for fiscal year 2010 and each subsequent fis13 cal year.’’. 

14 SEC. 932. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated to the Sec16 retary for fiscal year 2010 and each subsequent fiscal year 

17 such sums as may be necessary to carry out this title. 

18 SEC. 933. ASSISTANCE FOR STATES INCARCERATING UN19 DOCUMENTED ALIENS CHARGED WITH CER20 TAIN CRIMES. 

21 Section 241(i)(3)(A) of the Immigration and Nation22 ality Act (8 U.S.C. 1231(a)(3)(A)) is amended by insert23 ing ‘‘charged with or’’ before ‘‘convicted’’. 


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1 SEC. 934. PREEMPTION. 

2 It is the sense of the Congress that States and local 

3 political subdivisions are not preempted from the enact4 ment and enforcement of immigration-related laws and or5 dinances that do not directly conflict with Federal immi6 gration laws. 

7 TITLE X—PROHIBITING IN8 STATE TUITION FOR UNLAW9 FULLY PRESENT ALIENS 

10 SEC. 1001. ENSURING ENFORCEABILITY. 

11 Section 505 of the Illegal Immigration Reform and 

12 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘on the basis of residence 

16 within a State (or a political subdivision)’’; and 

17 (B) by striking ‘‘unless a citizen’’ and all 

18 that follows through the period at the end and 

19 inserting ‘‘unless every citizen or national of the 

20 United States is entitled to such a benefit (in 

21 no less an amount, duration, and scope) with22 out regard to whether the citizen or national is 

23 a resident of the State or has attended or grad24 uated from a school in the State.’’; 

25 (2) by redesignating subsection (b) as sub26 section (c); and 


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1 (3) by inserting the following after subsection 

2 (a): 

3 ‘‘(b) ENFORCEMENT THROUGH CIVIL ACTION.— 

4 ‘‘(1) IN GENERAL.—Any citizen or national of 

5 the United States who is attending or is enrolled to 

6 attend a postsecondary educational institution al7 leged to be in violation of subsection (a) may com8 mence a civil action on his own behalf against any 

9 official of the State entity that governs such postsec10 ondary educational institutions or of the educational 

11 institution itself to enforce the terms of subsection 

12 (a). 

13 ‘‘(2) RELIEF.—The court shall provide all ap14 propriate relief, including damages equal to the 

15 monetary value of any benefit provided to an illegal 

16 alien but denied to the citizen or national of the 

17 United States, and shall award attorneys’ fees and 

18 costs to a citizen or national of the United States 

19 who establishes a violation of subsection (a) to the 

20 satisfaction of the court. 

21 ‘‘(3) AUTHORITY.—This subsection is enacted 

22 pursuant to section 5 of the 14th amendment to the 

23 Constitution of the United States.’’. 

Æ 


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