151 
SEC. 215. LAW ENFORCEMENT AUTHORITY OF STATES AND 
POLITICAL SUBDIVISIONS AND TRANSFER TO 
FEDERAL CUSTODY. 
Title II (8 U.S.C. 1151 et seq.) is amended by adding 
after section 240C the following: 
‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 
AND POLITICAL SUBDIVISIONS AND TRANS-
FER OF ALIENS TO FEDERAL CUSTODY. 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, law enforcement personnel of a State, or a 
political subdivision of a State, have the inherent authority 
of a sovereign entity to investigate, apprehend, arrest, de-
tain, or transfer to Federal custody (including the trans-
portation across State lines to detention centers) an alien 
for the purpose of assisting in the enforcement of the 
criminal provisions of the immigration laws of the United 
States in the normal course of carrying out the law en-
forcement duties of such personnel. This State authority 
has never been displaced or preempted by a Federal law. 
‘‘(b) TRANSFER.—If the head of a law enforcement 
entity of a State (or a political subdivision of the State), 
exercising authority with respect to the detention of an 
alien convicted of a criminal offense, submits a request 
to the Secretary of Homeland Security, the Secretary 
shall— 
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‘‘(1) determine the immigration status of the 
offender; and 
‘‘(2) report to the requesting agency whether 
the Department of Homeland Security intends to 
take custody of the offender for violations of Federal 
immigration laws, with an approximate timeframe 
for the transfer of custody. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security is authorized to use funds appropriated pursuant 
to the authorization of appropriations in section 241(i)(5) 
to reimburse a State, or a political subdivision of a State 
for activities described in subparagraph (a) or (b). 
‘‘(d) REQUIREMENT FOR APPROPRIATE SECURITY.— 
The Secretary of Homeland Security shall ensure that— 
‘‘(1) aliens incarcerated in a Federal facility 
pursuant to this section are held in facilities which 
provide an appropriate level of security; and 
‘‘(2) if practicable, aliens detained solely for 
civil violations of Federal immigration law are sepa-
rated within a facility or facilities. 
‘‘(e) REQUIREMENT FOR SCHEDULE.—In carrying 
out this section, the Secretary of Homeland Security shall 
establish a regular circuit and schedule for the prompt 
transportation of apprehended aliens from the custody of 
those States, and political subdivisions of States, which 
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routinely submit requests described in subsection (b), into 
Federal custody. 
‘‘(f) AUTHORITY FOR CONTRACTS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may enter into contracts or cooperative 
agreements with appropriate State and local law en-
forcement and detention agencies to implement this 
section. 
‘‘(2) DETERMINATION BY SECRETARY.—Before 
entering into a contract or cooperative agreement 
with a State or political subdivision of a State under 
paragraph (1), the Secretary shall determine wheth-
er the State, or if appropriate, the political subdivi-
sion in which the agencies are located, has in place 
any formal or informal policy that violates section 
642 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1373). 
The Secretary shall not allocate any of the funds 
made available under this section to any State or po-
litical subdivision that has in place a policy that vio-
lates such section. 
‘‘(g) CONSTRUCTION.—Nothing in this section shall 
be construed to require law enforcement personnel of a 
State or a political subdivision to assist in the enforcement 
of the immigration laws of the United States. 
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‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.’’. 
SEC. 216. LAUNDERING OF MONETARY INSTRUMENTS. 
Section 1956(c)(7)(D) of title 18, United States 
Code, is amended— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
servitude, or forced labor),’’ after ‘‘section 1363 (re-
lating to destruction of property within the special 
maritime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C.1324(a)) (re-
lating to bringing in and harboring certain aliens),’’ 
after ‘‘section 590 of the Tariff Act of 1930 (19 
U.S.C. 1590) (relating to aviation smuggling),’’. 
SEC. 217. INCREASE OF FEDERAL DETENTION SPACE AND 
THE UTILIZATION OF FACILITIES IDENTIFIED 
FOR CLOSURES AS A RESULT OF THE DE-
FENSE BASE CLOSURE REALIGNMENT ACT 
OF 1990. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary shall construct or ac-
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