HomeMy WebLinkAbout2010-03-09 - AGENDA REPORTS - FED LEGISLATION IMMIGRATION (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by
March 9, 2010
30
Mayor Laurene W Z(e�
FEDERAL LEGISLATION: IMMIGRATION
City Manager's Office
RECOMMENDED ACTION
City Council support H.R. 994, H.R. 997, H.R. 1868, H.R. 2083, H.R. 3571, H.R. 4548, and
H.Res 1026 and direct staff to transmit statements of position to Representative Howard P.
"Buck" McKeon, the primary sponsors of each measure, and other Members of Congress as
appropriate.
BACKGROUND
H.R. 994 - Loophole Elimination and Verification Enforcement (LEAVE) Act
Introduced by Representative Gary Miller (R -CA -42) on February 11, 2009, the Loophole
Elimination and Verification Enforcement (LEAVE) Act removes incentives and loopholes that
potentially encourage illegal aliens to come to the United States to live and work.
Specifically, this bill amends previous immigration and illegal alien -related legislative provisions
regarding: illegal alien smuggling and related criminal offenses by instituting stricter penalties
for those smuggling or assisting entry to illegal aliens; identity security by tightening the forms of
identification that may be accepted and mandating stricter punishments for the use of fraudulent
identification; birthright citizenship by restricting citizenship to only those born in the United
States of parents, one of whom is either a United States citizen or is residing in the country
legally; housing and homeownership by eliminating housing and homeownership benefits for
illegal aliens; taxes and social security by reducing Tax Identification Number and Social
Security Identification Number fraud and abuse and prohibiting illegal aliens from receiving
Social Security benefits; state and local government authority by equipping them with the tools
they need, such as the proper training and coordination to fight illegal immigration; and in-state
tuition provisions by prohibiting states from giving in-state tuition rates to illegal aliens while
IIIROVED
simultaneously barring other U.S. citizens and nationals from the same rate benefit.
H.R. 997 - English Language Unity Act of 2009
Introduced by Representative Steve King (R -IA -5) on February 11, 2009, the English Language
Unity Act of 2009 establishes English as the official language of the United States. The measure
would also require the United States government to conduct most of its official business in
English. Specifically, the measure would limit routine government operations to English, while
giving government agencies common sense flexibility to protect public health and safety,
national security, and to provide for the needs of commerce and criminal justice systems.
The bill specifically requires that all naturalization (citizenship) ceremonies be conducted in
English. In addition, the measure establishes all naturalization (citizenship) information and
testing materials be uniformly printed in English. Furthermore, the bill directs the Secretary of
Homeland Security to issue for public notice and comment a proposed rule for uniform testing of
English language ability of candidates for naturalization (citizenship) based upon the principles
that: all citizens should be able to read and generally understand the English language text of the
Declaration of Independence, the Constitution, and the laws of the United States.
H.R. 1868 - Birthright Citizenship Act of the United States
Introduced by Representative Nathan Deal (R -GA -9) on April 2, 2009, and co-sponsored by
Representative Howard P. "Buck" McKeon (R -CA -25), the Birthright Citizenship Act of the
United States amends the Immigration and Nationality Act to consider a person born in the
United States to be a citizen only if that person is born in the United States of parents, one of
whom is either a United States citizen or a legal resident, an alien lawfully admitted for
permanent residence, or an alien performing active service within the armed forces. This
measure would exclude granting naturalized citizenship to those persons born in the United
States of parents who are residing in the country illegally.
H.R. 2083 - Border Sovereianty and Protection Ac
Introduced by Representative Duncan Hunter (R -CA -52) on April 23, 2009, and co-sponsored by
Representative Howard P. "Buck" McKeon (R -CA -25), the Border Sovereignty and Protection
Act amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require
that at least 350 miles of fencing along the southwest border consist of two layers of reinforced
fencing separated by a Border Patrol access road; that such work shall be completed within one
year of enactment of this Act; and that fencing existing as of April 1, 2009, shall not be
considered in meeting the mileage requirement.
The bill also gives the Department of Homeland Security (DHS) full authority, along with that of
the Department of Justice, to investigate violations of the Controlled Substances Act or the
Controlled Substances Import and Export Act. Further, the bill amends the federal criminal code
to provide for a fine and/or at least 15 years imprisonment for any and all firearms smuggling in
connection with a crime of violence or drug trafficking. Additionally, the bill makes a state or
local municipality ineligible for State Criminal Alien Assistance Program (SCAAP) funding if a
state or local municipality prohibits or restricts communication with the Immigration and
Naturalization Service or any other government entity regarding an individual's citizenship or
immigration status; or prohibits state or local law enforcement officials from gathering
information regarding an individual's citizenship or immigration status. The bill also sets forth
provisions regarding the expedited removal of. illegal and/or otherwise criminal aliens from the
United States.
In addition, the measure makes the basic pilot employment verification (E -Verify) program
permanent and sets forth the following E -Verify compliance schedule: one year from enactment
of this Act for federal agencies, federal contractors, and employers of more than 250 persons; two
years from enactment for employers of 100 or more persons; three years from enactment for
employers of 30 or more persons; and four years from enactment for all employers.
Administered by the Department of Homeland Security, E -Verify is a free, Internet -based system,
that allows an employer, using physical identification materials and information reported on an
employee's I-9 Employment Verification form, to determine the eligibility of that employee to
work in the United States.
H.R. 3571 - Defund ACORN Act
Introduced by House of Representatives Republican Leader John Boehner (R -OH -8) on
September 15, 2009, and co-sponsored by Representative Howard P. "Buck" McKeon
(R -CA -25), the Defund ACORN Act prohibits any federal contract, grant, cooperative
agreement, or other form of agreement from being awarded to, any federal funds in any other
form from being provided to, or any federal employee or contractor from promoting any
organization that: has been indicted for a violation under any federal or state law governing the
financing of a campaign for election for public office or any law governing the administration of
such an election, including a voter registration law; had its state corporate charter terminated due
to its failure to comply with federal or state lobbying disclosure requirements; has filed a
fraudulent form with any federal or state regulatory agency; or employs, has under contract, or
retains to act on its behalf any individual who has been indicted for a violation under federal or
state law relating to an election for federal or state office.
The bill was authored to specifically address the activities of organizations such as the
Association of Community Organizations for Reform Now (ACORN), a group that has been
identified as actively encouraging illegal aliens to fraudulently vote in municipal, state, and
federal elections.
H.R. 4548 - Fairness for American Students Act
Introduced by Representative Todd Tiahrt (R -KS -4) on January 27, 2010, and co-sponsored by
Representative Howard P. "Buck" McKeon (R -CA -25), the Fairness for American Students Act
amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make
illegal aliens ineligible from receiving the benefit of in-state tuition rates unless every citizen and
legal resident of this country is entitled to the same in-state tuition rates regardless of their place
of residence.
The bill also allows any U.S. citizen or national, regardless of their place of residence, that is
enrolled in a college or university to file a civil action against a college, university, or state
education official to enforce their compliance with this requirement and to obtain any appropriate
financial relief, including the in-state tuition rate granted to an illegal alien in violation of this
act. Further, the bill prohibits federal agencies from providing financial assistance to colleges or
universities that provide such benefits to illegal aliens.
H.Res 1026 - A resolution expressing the sense of the House of Representatives that the
continued peace, prosperity, liberty, and national security of the United States and its people
depend upon the rule of law and credible and effective immigration enforcement policies which
both welcome lawful immigrants and non -immigrants and also prevent the unlawful entryor
unlawful continuing presence of foreign persons.
Introduced by. Representative Jason Chaffetz (R -UT -3) on January 21, 2010, and co-sponsored
by Representative Howard P. "Buck" McKeon (R -CA -25), this resolution expresses the desire of
the House of Representatives that the E -Verify employee verification system be made permanent
and its use mandated for all businesses, that the remainder of the border fence be completed, and
that Congress not legalize nor grant amnesty to illegal immigrants.
Each of the aforementioned legislative measures are attached in their entirety to this report. Also
attached is a one-page fact sheet that lists measures the City has already taken to help curtail
illegal immigration and its effects.
ALTERNATIVE ACTIONS
Not support H.R. 994, H.R. 997, H.R. 1868, H.R. 2083, H.R. 3571, H.R. 4548, and H.Res 1026.
Other action as determined by the City Council,
FISCAL IMPACT
The adoption of the recommended action requires no additional resources beyond those
contained within the adopted City of Santa Clarita FY 09/10 Budget.
ATTACHMENTS
H.R. 994
H.R. 997
H.R. 1868
H.R. 2083
H.R. 3571
H.R. 4548
H.Res. 1026
City Measures to Curtail Illegal Immigration
II
At11MENTIOATED
U5. GOVERNMENT
INFORMATION
OPO
111TiI CONGRESS He
�994
IST SESSION
To remove the incentives and loopholes that encourage illegal"aliens to come
to the united States to live and Nvor•k, provide additional resources
to local 1mv errforeerrient and Federal border art(] immigration officers,
and for other- purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 2009
Mr, GA13Y G. MILLER of California (for himself, Mr. ROI-IRABACI-IER, Mr.
I3URTON of Indiana, Mr. Boo nijuz, Mr. CAMPSTLI,, Mr.. DR.I:Ir,,R, Mr..
BILRRAY, Mr.. FLh.MING, Mr. GAL,LI GLY, 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 Ref'or•m,
Education and Labor•, House Administration, Financial Services, Home-
land Security, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall A ithin 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 Ai,ork,
provide additional resources to local lav enforcement and
Federal border and immigration officers, and for other
purposes.
1 Be it enacted by the Senate and Ilouse of Representa-
2 tives gf'th,e United States gf'America in Cogagress assembled,
2
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 aetMties
6 that assist, encourage, direct, or induce an alien to reside
7 in orremain in the United States or to attempt to reside
8 in the United States, knowing, or in reckless disregarcl of
9 the fact that the alien is not authorirecl 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:
See. 1. short title.
Sec. 2. Put -pose.
Sec. 3. Table of contents.
TITLE I—ALIEN SMUGGLING AND RELATED OFFENSES
See. 101. Alien smngg1ling• and related offenses.
TITLE II—IDENTITY SF.CURPITY
Subtitle A—Photo Identification
See. 20.1. Forms of acceptable identification for Federal Government purposes.
Sec. 202. Forms of acceptable identification for financial institutions.
Subtitle I3—Prollibition on Driver's Licenses for Unlawfiilly Present Aliens
See. 211. Prohibition on issuing driver's licenses to illcga.l aliens.
Subtitle (.'—Stopping Social Security Number Ahase-
Sec. 221. Effect of final regulation on "no -match" letters.
Subtitle D—I3irtlr/Death licgisti;y
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. il4isuse 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—BIRTIIRIGIIT CI`1'IZENSI-IIP
See. 301. Citizenship at birth for certain persons born in the United States.
TITLE IV—HOUSING AND HOMEOWNERSHIP
See. 401. Mortgages prohibited for principal rosidenees of individuals who lack
valid personal identification.
Sec. 402. Prohibition on public housing and section 8 rental assistance for ille-
gal aliens.
Sec. 403. Prohibition oil renting of dwelling units to illegal aliens.
Sec. 404. Prohibition oil Fodeml and government sponsor e<l enterprise support
for mortgages for illegal aliens.
TPI'LE V—`PANES AND SOCIAL SECURITY
Sec. 501. Prohibiting tota.lization agreements that benefit unlawfully prosent
aliens.
Sec. 502, No Social Seenrity credit for work performed while unlawfully
present.
Sec. 503. Limited eligibility for credits.
Sec. 504. Deducing individual tai:, -payor identification number abuse.
TITLE VI—EMPLOYEE VERIFICATION
Subtitle A—General Provisions
Sec. 601. Manciatcmy employment authorization verification.
Sec. 602. Mandatory notification of SSN mismatches and multiple nses and de-
terminations of ineligibility for employment.
Sec. 603. Penalty for fa.ilive 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.
Sce. 622. Capitol complex defined.
Sec. 623. Effective date; transition for current. contracts.
Subtitle D—Coordination Between SSA zinc] IRS
Sec, 631. Availabilty of information.
TITLE VII—PROHIBITING UNLA\ATFULLY PRESENT ALIENS I+'ROM
OBTAINING FINANCIAL SERVICES
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Sec. 701. I+'orei�n issued forms of identification prohibited as proof of identity
to open accounts at financial institrntious.
Sec. 702. "Know Your etlstornel'rr 1-ugulatlons 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 I3oard, including the Directo a Mexico
progn•arn.
TPI'LE VIII-13ORDER AND LAW ENFORCEMENT
Sec. 801. Construction of border fencing and security improvements.
Sec. 802. Increase in full-time Border Patrol agents.
Sec. 303. Increase in nurnber of ICE agents.
TITLE IX—STATE A_ND LOCAL GOVERNMENT AUTIIORITI
Subtitle A—General Provisions
Sec. 901. State defined; severability..
Sec. 902. Federal affirmation of assistance in the innnigratlon laws enforcement
by States and political subdivisions of States.
Sec. 903. State authorization for assistance in the enforcement of inunigra.tion
laws encouraged.
Sec. 904. Listing of immigration violators in the National Crime Information
Center database.
See. 905. State and local law en£or•eement provision. of information about appre-
hended aliens.
Sec. 906. Financial assistance to State and local police agencies that assist in
the enforcement of immim-a.tlon laws.
See,. 907. Increased Federal detention space.
See. 90& h'ederal enstody of aliens unlawfully present in the United States ap-
prehended 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 I3—Eliminating Sanctuary Cities
Sec. 921. Eliminating- sanctuary cities.
Subtitle C—Criminal Aliens
Sec. 931. State criminal alien assistance_ p1•ogram (SCAAI').
Sec. 932. Authorization of appropriations.
Sec. 933. Assistance for States incarcerating undocumented aliens charged with
certain crimes.
See. 934. Preemption.
TPPLI+7 X—PROH113ITING IN-STATI+7 TUITION h'OR UNLAMrh'ULLY
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 an(] Nationality Act
5 (8 U.S.C. 1324) is amended to rear] as follows:
6 "ALIEN SMUGGLING AND RELATED OFFENSES
7 "SEC. 274.. (a) CRIMINAL OFFENSES AND PEN -
8 ALTIES.-
9
"(1) PROIIIBITED ACTWITIES.—AVhoever-
10
"(A) assists, encourages, directs, or in -
11
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
"(I3) assists, encourages, directs, or in -
18
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 laivful authority to be in the United States,
24
knot -N ing or in reckless disregard of the fact
25
that such person is an alien;
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"(C) assists, encourages, directs, or in-
2
duces a person to reside in or remain in the
3
United States, or to attempt to reside in or re -
4
plain in the United States, kno�vving or in reek -
5
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 oriinoves a person in the
9
United States, knoNving 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 de -
17
tection a person in the United States knowing
18
or in reckless disregard of the fact that such
19
person Is all 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 dis-
24
regard of the fact that such person is an alien
25
in unla\i fal transit from one country to another
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or on the high seas, under circumstances in
which the person is in fact seeping to enter the
United States without official permission or
lawful authority; or
"(G) conspires or attempts to commit any
of the preceding acts,
shall be punished as provided in paragraph (2), re-
gardless of any official action which may later be
taken with respect to such alien.
"(2) CRIMINAL PENALTIES.—A person who vio-
lates the provisions of paragraph (1) shall—
"(A) except as provided in subparagraphs
(D) through (H), in the case where the offense
was not committed for commercial advantage,
profit, or private financial gain, be Imprisoned
for not more than 5 years, or fined under title
18, United States Code, or both;
"(B) except as provided in subparagraphs
(C) through (H), where the offense was com-
mitted for commercial advantage, profit, or pri-
vate financial gain—
"(i) in the case of a first violation of
this subparagraph, be imprisoned for not
more than 20 years, or fined Colder title
18, United States Code, or both; and
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"(ii) for any subsequent violation, be
2
imprisoized 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 11117o1ved 2 or inor'e
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 fiirthers
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 tinder 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, in -
22
eluding--
luding23
23
"(i) transporting a person in an en -
24
gine compartment, storage compartment,
25
or other confined space;
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"(ii) transporting a person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or
"(iii) transporting or harboring a per-
son In a cro\vded, dangerous, or inhumane
manner,
be imprisoned not less than 5 nor more than 20
years, or fined under' title 18, United States
Code, or both;
"(F) in the case where the offense caused
serious bodily injury (as defined in section 1.365
of title 1.8, United States Code, including an,),-.
conduct that would violate sections 2241 or
2242 of title 18, United States Code, if the con-
duct occurred in the special maritime and terri-
torial jurisdiction of the United States) to any
person, be imprisoned for not less than 7 nor
more than 30 years, or fined , under title 18,
United States Code, or both;
"(G) in the case where the offense involved
an alien who the offender knew or had reason
to believe was an alien—
"(i) engaged in terrorist activity (as
defined in section 212(a.)(3)(B)); or
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1 "(ii) intending to engage in such ter -
2 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 pun -
8 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) EZTRATI+PRRITORL�L JURISDICTION. -
13 There is extraterritorial Federal jurisdiction over the
14 offenses described in this subsection.
15 "(1)) SEIZURE' AND FORh EITURE.-
16 "(1) I,N GENERAL.—luny property, real or per -
17 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 trace -
20 able to such property or proceeds, shall be subject
21 to forfeiture.
22 "(2) APPLICABLIi' 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 tinder 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 Honnela.nd Security.
7 "(e) ATITT IORITY To ARRFS`I'.—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 employ -
10 ees designated by the Secretary of Homeland Security, ei-
11 then individually or as a. member of a class, and all other
12 officers ivhose duty it is to enforce criminal laws.
13 "(d) ADMISSIBILITY oI,, EVIDENCE. -
14 "(1) PRIMA TACIT EvIDENCE IN DETERMINA-
15 TIONS or �7I01-jATIONS.—Notwithstanding any provi-
16 Sion of the Federal Rules of Evidence, in deter -
17 mining whether a violation of subsection (a) has oc-
18 curved, any of the folloiNring shall be prima facie evi-
19 Bence that an alien involved in the violation lacks
20 laivful 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 adju-
2 dica.tor (including an immigoTation judge or an
3 immigration officer) during any judicial or ad -
4 ministrative proceeding authorized under the
5 immigration laws or regulations prescribed
6 thereunder.
7 "(I3) 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 con -
13 cerning the alien's status or lack thereof.
14 `.`(2) VIDEOTAPED TESTIMO\TY.—Notivith-
15 standing any provision of the Federal Rules of Evi-
16 denee, the videotaped (or otherlvise 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 un -
20 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 other�Nrise complies with the Fed -
24 eral Rules of Evidence.
25 "(e) DEFI\TITIO\TS.—For purposes of this section:
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1 "(1) The term `law it authority' means permis-
2 Sion, authorization, orlicense that is expressly pro -
3 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 se -
6 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 lai fail authority to come to, enter, reside, re -
10 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 laIv.
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 trav-
17 eling or n10-ving.
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 in -
2 di-6dual other than the folloiving:
3 (1) SOCIAL SECURITY CARD rITH PHOTO IDEN-
4 TIPICATION CARD OR REAL IIS ACT IDI+7N`I'IFICA-
5 TION. -
6 (A) A Social Security card accompanied by
7 a photo identification card issued by . the Fed -
8 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 IIomeland Security (acting through the Director of
19 the United States Citizenship and Immigration Sere-
.
20 ices).
21 (b) EFii EC' ivii., DATE.—The requirements of sub -
22 section (a) shall take effect sit months after the date of
23 the enactment of this Act.
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1 SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR Fl -
2 NANCLkL INSTITUTIONS.
3 (a) IN GENERAL.—Section 5318(1) of title 31, United
4 States Code (relating to identification and verification of
5 accounthol(lers) is amended by striking paragraph (6) and
6 inserting the following netiv paragraph:
7 "(6) Foiums 0I{0 ACCEPTABLE IDENTIFICA-
8 `PION.—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 iNrith this
11 subsection, any form of identification of the indi-
12 vidual other than the following:
13 "(A) SOCIAL SECURITY CARD WITII PHOTO
14 IDENTIFICATION CARD OR DEAL ID ACT IDENTI-
15 FICATION.-
16 "(i) A Social Security card accom-
17 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 AN th title II of
23 the REAL ID Act of 2005 (title II of clivi-
24 cion B of Public Ijaiv 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 hrroTO IDENTIFICATION
4 CARD.—A pl-ioto identification card issued b)7
5 the Secretary of. IIomeland Security (acting
6 through the Director of the U.S. Citizenship
7 and Immigration Services).".
8 (b) EI+,PECTn7E 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 RE1LL ID Act of 2005 (49 U.S.C.
17 30301 note) is amended
18 (1) in subsection (d), by striking paragT aph
19 (11) and redesignating paragraphs (12) and (13) as
20 paragraphs (11) and (12), respectively; and
21 (2) by adding at the end the folloiiring;
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 (e)(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-IIar-
7 bor Procedures for Employers «rho 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,
ii Subtitle D—Birth/Death Registry
12 SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND
13 DEATH REGISTRATION SYSTEMS.
14 (a.) In consultation ivith the Secretary of Health acid
15 Human Services and the Commissioner of Social Security,
16 the Secretary shall take the following actions:
17 (1) Work `frith the States to establish a common
18 data set and common data exchange protocol. for
19 electronic birth registration systems and death reg -
20 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 vigil event data, the issuance of
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birth certificates, and the exchange of data among
government agencies.
(4) Ensure that electronic systems for issuing
birth certificates, in the form of printed abstracts of
birth records or digitized images, employ a common
format of the certified copy, so that those requiring
such documents can quickly confirm their validity.
(5) Establish uniform field requirements for
State birth registries.
.(6) Not later than 1 year after the date of the
enactment of this Act, establish a process «rith the
Department of Defense that will result in the shar-
ing: of data, «lith the States and the Social Security
Administration, regarding deaths. of. United States
military .personnel and the birth and death of their
dependents.
(7) Not later than 1 year after the elate of the
enactment -of this Act, establish a process with the
Department of State to improve registration; notifi-
cation, and the sharing of data `with the States and
the Social Security Administration, regarding births
and deaths of United States citizens abroad.
(8) Not later than 3 years after the (late of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic
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1 records of pertinent identification information col -
2 leeted from requestors who are not the registrants.
3 (9) Not later than 6 months after the elate of
4 the enactment of this Act, Submit to. Congress a re -
5 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 ell
8 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 follojvs:
14 "§ 1541. Trafficking in passports
15 "(a) MULTIPLE PASSPORTS.—Any person who, dur-
16 ing any period of 3 years or less, linoivingly-
17 "(1) and without la-viAil 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, kno«ring
23 the passports to be forged, counterfeited, altered,
24 falsely made, stolen, procured by fraud, or produced
25 or issued ivithout hnvful 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, kno«ring the applications to contain
4. any false statement or representation,
5 shall be fined Linder this title, imprisoned not more than
6 20 years, or both.
7 "(b) PASSPORT MATERIALS.—Any person who know -
8 ingly and without la«rful 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, engra.iing, 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 pass -
19 port
20 "(a) Iv GENEIIw.—W-ioever kno«ringly 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 represen-
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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 sub- .
5 section (a) may be prosecuted in any district -
6 "(A) in which the false statement or rep -
7 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 mailer] or presented.
12 "(2). ACTS OCCUR,R,ING 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 other vise 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 pass -
2 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 snore than
11 1.5 years, or both.
12 "(b) UNLAAVI UL 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 '"Thom the passport was issued or designed,
24 shall be fined under this title, imprisoned not more than
25 15 years, or both.".
0MOMaO V
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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 knoivingly-
6 "(1) uses, any passport issued or designed for
7 the use of another;
8 "(2) uses any passport in violation of the condi-
9 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 kno«ung it to be
14 forged, counterfeited, altered, falsely made, procured
15 by fraud, or produced or issued without lawful au-
16 thority; or
17 "(4) violates the terms and conditions of any
18 safe conduct duly obtained and. issued under the au-
19 thority of the United States,
20 shall be fined Linder this title, innprisonecl 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 '14545. Schemes to defraud aliens
2 "(a) IST GENERAIL.—Airy person who kno«jingly exe-
3 cuter a scheme or artifice, in connection iN th 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 "(l) defraud any person; or
9 "(2) obtain or receive money or anything else of
10 value from any person by means of false or fraudu-
11 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 ivho know -
15 ingly and falsely represents that such person is an attor-
16 ney or an accredited representative (as that term is de -
17 fined in section 1292,1 of title 8, Code of Federal Regula -
18
tions (or any successor regulation to such section))
in any
19
inatter 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 11546. Immigration and visa fraud
26 "(a) IN GENERAL.—Any person who kno`vingly—
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1 "(1) uses any immigration document issued or
2 designed for. the use of another;
3 ."(2) fomes, counterfeits, alters, or falsely
4 makes any immigration document;
5 "(3) completes, mails, prepares, presents, signs,
6 or subinrts any immigration document knowing it to
7 contain any materially false statement or representa-
8 tion;
9 "(4) secures, possesses, uses, transfers, re -
10 ceives, buys, sells, or distributes any immigration
11 document knowing it to be forged, counterfeited, al -
12 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 immig7ation laws;
16 or
17 "(6) transfers or furnishes, without lawful au -
18 thority, an inimigTation 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 filled under this title, imprisoned not more than
22 15 years, or both.
23 "(b) TRAFFICKING.—Any person who, during any pe -
24 riod of 3 years. or less, knoivingly—
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1 "(1) and without lawful authority produces,
2 issues, or transfers 10 or more immigration docu-
3 meats;
4 "(2) forges, counterfeits, alters, or falsely
5 slakes 10 or more immigration documents;
6 "(3) secures, possesses, uses, buys, sells, or dis-
7 tributes 10 or more immigration documents, know -
8 ing the immigration documents to be forged, coun-
9 terfeited, altered, stolen, falsely made, procured by
0
10 fraud, or produced or issued without lawful author -
11 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. DOCiJIVIENT. 1\L\TI+,RIA S.—Any
19 person who kno`Ongly and i�rithout laivfiil authority pro=
20 duces, buys, sells, possesses, or uses any official material
21 (or counterfeit of any official material) used to make im-
22 inigration documents, Including any distinctive paper, seal,
23 hologram, image, telt, 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) ExIPLOYA11ENT DOCUMENTS.—AAThoever uses—
2 "(1) an identification document, knowing (or
3 having reason to kno«v) that the document «vas not
4 issued lawfully for the use of the possessor;
5 "(2) an identification document krno-viring (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 Linder
section
19
1545)'
20
(2)
in paragraph
(1), by striking "15"
and in -
21
sorting "20";
and
22
(3)
in paragraph
(2), by striking "20"
and in -
23
sorting "25".
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1 SEC. 248. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND
2 DEFINITIONS.
3 Chapter 75 of title 18, United States Code, is amend -
4 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 man -
8 ner as a person who completed a violation of that section.
9 "§ 1549. Additional jurisdiction
10 "(a) IN GENERAL. -Any person who commits an of -
11 fense under this chapter within the special maritime and
12 territorial jurisdiction of the United States shall be pun -
13 ished as proAded under this chapter.
14 "(b) EXTRATERRITORIAL JURISDICTION'. Any per -
15 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 pass -
19 port or immigration document (or any document
20 purporting to .be such a document) or any matter,
21 right, or benefitarising under or authorized by Fed -
22 oral immigration law=s;
23 "(2) the offense is in or affects foreign com-
24 coerce;
25 "(3) the offense affects, jeopardizes, or poses a
26 significant risk to the lawrful administration of Fed -
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1 oral 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 sec -
6 tion 929(x)(2)) that affects or would affect the na-
7 tional security of the United States,
8 "(5) the offenc:ler• is a. national of the United
9 States or an alien la.wfiilly admitted for permanent
10 residence (as those terms are defined in section
11 101(x) of the Immigration and Nationality Act (8
12 U.S.C. 1101(x))); 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 la�vfLiIly
17 authorized investigative, protective, or intelligence activity
18 of a law enforcement agency of the United States, a State,
19 or a political subdMsion of a State, or an intelligence
20 agency of the United States, or any activity authorized
21 Linder 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 terns 'application for a United States
2 passport' includes any document, photograph, or
3 other piece of eAdence submitted in support of an
.4 application for a United States passport.
5 "(2) The term `false statement or representa-
6 tion' includes a personation or an omission.
7 "(3) The terns `immigration docuinent'-
8 "(A) means any application, petition, affi-
9 davit, declaration, attestation, form, visa, iden-
10 tification card, alien registration document, em -
11 ployment authorization document, border cross -
12 ing card, certificate, permit, order, license,
13 stamp, authorization, grant of authority, or
14 other official document, arising under or au -
15 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 sub -
19 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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"(13) the laws relating to the issuance and
use of passports; and
"(C) the regulations prescribed under the
authority of any law described in subparagraph
(A) or (B)•
"(5) A person does not exercise `la«fill author-
ity' if the person abuses or improperly exercises law-
ful authority the person other-ANrise holds.
"(6) The term `passport' means—
"(A) a travel document attesting to. the
identity and nationality of the bearer that is
issued under the authority of the Secretary of
State, a foreign government, or an international
organization; or
"(B) any instrument purporting to be a
document described in subparagraph (A).
"(7) The term `produce' means to snake, pre-
pare, assemble, issue, print, authenticate, or. alter.
"(8) The term `to present' means. to offer or
submit for official processing, examination, or adju-
dication. Any such presentation continues until the
official processing, examination, or adjudication is
complete.
"(9) The `use' of a. passport or an immigTation
document referred to in section 1541(x), 1543(b),
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1544, 1546(x), and 1546(b) of this chapter in -
2
eludes -
3
"(A) any officially authorized use;
4
"(B) use to travel;
5
"(C) use to demonstrate identity, resi-
dence, nationality, citizenship, or immigration
7
Status;
8
"(D) use to Seep or maintain employment;
9
or
10
"(E) use in any matter within the jurisdie-
11
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.
'.`1514.
Nfisuse of a passport.
1545.
schemes to defraud aliens.
1546.
Inuni-ration and visa fraud.
1547.
Alternative imprisonment rnasinninr 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 GrNEIIU IL.—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 birth -
13 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 jurisdic-
16 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) AYPLI(,ABILITY. , The amendment made by sub -
2 section (a)(3) shall not be construed to affect the citizen -
3 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 RESI-
8 DENCES OF INDIVIDUALS WHO LACK VALID
9 PERSONAL IDENTIFICATION.
10 (a) IST GENEIiAi,.—Chapter 2 of the Truth in Lend -
11 ing Act (15 U.S.C. 1631 et seq.) is amended by. adding
12 at the enol the following neer section:
13 "§ 140. Mortgages prohibited for principal residences
14 of individuals who lack valid personal
15 identification
16 "Notwithstanding any proAsion 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 in -
19 terest, including any such interest arising by operation of
20 law, is or will be retained or acquired in any property lo -
21 cated within the United States which is or, upon the com-
22 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
25 States or is lawfully present in the United States, by re-
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1 quir•ing the consumer to provide to the creditor valid per -
2 sonal identification in one of the forms specified in the
3 aallendment made by section 202(x.) of the Loophole Elimi-
4 nation and Verification Enforcement Act.".
5 (b) CLI+ RICAL 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 fol -
8 to«ring neAv item:
"140. Mortgages prohihited for principal residences of individuals who lark 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 I4ousing 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 oiNlner of housing assisted under section 8, as applica-
18 ble, verifies that the individual, or in the case of a house -
19 hold, all adult members of the household, are citizens or
20 nationals of the United States or are laAvf'ully present in
21 the United States, by requiring such individual, or in the
22 case of a. household, all adult members of the household,
23 to provide to the public housing agency or oiAmer of hous-
24 ing assisted under such section 8, as applicable, valid per-
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1 conal 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 indi Mual who is unlaivfti ly present in the
7 United States, or to any household that includes such an
8 iiidMdual, 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 GOVERNMENT -
12 SPONSORED ENTERPRISE SUPPORT FOR
13 MORTGAGES FOR ILLEGAL ALIENS.
14
(a) FEDERAi,
AGENCIES.—No Federal agency,
de -
15
partment, office, or
other instrumentality may make,
in -
16 sure, or guarantee any mortgage or loan for the purchase
17 of, or secured by, a residential property unless the rnort-
18 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 law -
22 frilly present in the United States, by requiring such mort-
23 gagor or borroiver to proiride 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 1\TAE AND FREDDIE A/lAc.—The_ Federal
2 National Mortgage Association and the Federal Horne
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. un(1er such
6 mortgage has verified that the mortgagor under the lnort-
7 gage is a citizen. or national of the United States or is
8 ldivfully present in the United States, by requiring such
9 mortgagor to provide to such mortgagee under such mort-
10 gage valid personal identification in one of the forms speei-
11 fieri in section 201(a) of this Act.
12 TITLE V -TARES 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 ar-
18 rangements bet«veen the Social Security system estab-
19 lished by title.II of such Act and the Social Security sys-
20 tem of 112exico, sighed by the Commissioner of Social Seeu-
21 rity and the Director General, Mexican Social Security In -
22 stltute, 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 PER -
2 FORMED WHILE UNLAWFULLY PRESENT.
3 (a) DETERMINATIONS OF
INSURED STATUS.—Sec-
number in lieu
4 tion 214(e)(1) of the Social
Security Act (42
U.S.C.
5 414(c)(1)) is amended by striking "at the time of assign -
6 . 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 BEN -
10 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 pros ision of laiv,' an indi-
17 vidual who males a return with respect to Federal income
18 tax and includes on such return an indiiridual 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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l SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA.
2 TION NUMBER ABUSE.
3 (a) MODIFIED ITIN FoRTAIAT AND LA�aTrUL PRES-
4 ENcE REQUIREMENT. -
5 (1) IN GENE1b1L.—Section 6109(c) of the Inter -
6. nal Revenue Code of 1986 (26 U.S.C. 6109(e)) is
.7 amended to read as follows:
8 "(c) REQUIREMENT OF INFORMATION. -
9 "(1) IN GENERAL.—For purposes of this see -
10 tion, the Secretary is authorized to require such in -
11 formation of any, person as may be necessary to as -
12 sign an identifying number.
13 "(2) SEPARATE FROM SOCIAL SECURITY AC -
14 COUNT NUMBERS.—Any identifying -number assigned
15 by the Secretary shall be comprised of a sequence of
16 1-lumerals and clashes that is visually distinguishable
17 from and will not be mistaken for a Social Security
18 account number:
19 "(3) VERIFICATION OF STATUS Ia'OR ALIENS. -
20 Prior to issuing any identitying number to an indi-
21 vidual who is physically present in the United
22 States, the Secretary shall verify, with the Depart -
23 ment of Homeland Security that the applicant for
24 such number is knifully present in the United
25 States.".
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(2) EI1FECTIVE DATE.—Section 6109(e)(2) of
the Internal Revenue Code of 1986, as added by
paragraph (1), sha.11 take effect no later than 30
days after the date of enactment of this Act.
(b) INFORMATION SHARING.—
(1) IN GENERAL.—Section 6103(1)(3) of the In-
ternal Revenue Code of 1986 is amended by adding
at the end the folloi«ng new subparagTaph:
"(D) POSSIBLE VIOLATIONS OF Ii'EDERAL
IMMIGRATION LA1v.—The .Secretary shall dis-
close in electronic jormat to the Secretary of.
Homeland Security the taxpayer identity (as de-
fined in subsection (b)(6)) of each taxpayer who
has been assigned an indiinclual taxpayer identi-
fication number. The Secretary of Homeland
Security may disclose such information to offi-
cers and employees of the Department to the
extent necessary to enforce Federal immigration
laws.".
(2) EFFECTIVE DATE.—The Secretary of: the
Treasury shall disclose information under the
amendment made by paragraph (1) not later than
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 PERT11ANI NT. -
7 Section 401(b) of the Illegal Imn-filtration Reform .and Im-
8 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 folloNving ", except that the basic pilot
11 program described in section 403(x) shall be a permanent
12 program".
13 (b) ALk.NDATORY USE OF E -VERIFY SYSTEM. -
14 (1) IN GENE ity1L.-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, es
18 tablished as the basic pilot program by section
19 403(a) of the Illegal Immigration Reform and Immi-
20 grant Responsibility Act of 1996 (division C of Pub -
21 lie 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 Hrnneland Security shall
24 ensure that verification by means of a toll-free tele-
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1 phone line is an available option in complying iNrith
2 the preceding sentence..
3 (2) SELECT ENTITIES REQUIRED -TO USE E-
4 VERIFY PROGRAM IMMEDIATELY.—The follo«ring cn-
5 titles must satisfy the requirement In paragraph (1)
6 by not later than one year after the date of the on -
7 actment of this Act:
8 (A) FEDERAL AGENCIES.—Each depart -
9 meat and agency of the Federal Government. .
10 (B) FEDERAL CONTRACTORS.—A Coll -
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 ex -
18 empted from the application of such Act by
19 section 6 of such Act (41 U.S.C. 356), and
20 any subcontractor Linder such contract;
21 and
22. (C). LARGh, I1.MPLOYERS.—An employer
23 that employs more than 250 individuals in the
24 United States.
25 (3) PHASING -IN FOR OTHER 1PMPLOYERS.—
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1 (A) 2 YEARS FOR EMPLOYERS OF 1.00 OR
2 MORE. -Entities that employ 100 or more indi-
3 viduals in the United States must satisft 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 lndlAduals in the United States must
10 satisfy the requirement in paragraph' (1) by not
11 later than three years after the date of the en -
12 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) VI+7RIPYING EMPLOYIVIENT AU`T'HORIZATION
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 pro -
22 grain by not later than four years after the date of
23 the enactment of this Act that each employee is au -
24 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 unknm n1 to the
7. employer at the time of such hiring; and
8 (B) the employer terminates the employ-
9 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 require-
13 meats 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 �riolated section
18 274A(a)(1)(A).
19 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS
20 NOT IMAIIi7DIATI+]LY SUBJECT TO REQUIREMENT.-
21 Nothing in this subsection shall be construed as pre-
22 venting a person or other entity that is not imme-
23 diately subject to the requirement of paragraph (1)
24 pursuant to paragraph (2) or (3) from voluntarily
25 using the E-Verify program to verify the employ -
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1 meat authorization of new hires or current employ -
2 ees.
3 (8) STATE INTERFERENCE.—No State may
4 prohibit a person or other entity from using the E-.
5 Verify program to Verify the employment authoriza-
tion of nei`T 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 INDI-
11 VIDiJAL SOCIAL S ECIJRITI' ACCOUNT Nt:1/IBERS.-
12 (1) PERIODIC REVIEW OF RI+CORDS REGARDI\TG
13 INDIVIDUALS FOR MATERIAL EMPLOYMENT -BASED
14 INFORMATION.—The Commissioner of Social Seeu-
15 city shall revietiv, on at least an annual basis, the
16 records of the Commissioner to determine whether
17 there is included in such records any material em -
18 ploynient-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 h TAIPLOYNIENT-BASh 1) INFOR1IATION.=
23 (A) IN GENERAIJ.—In any case in JaThich
24 the Commissioner determines, on the basis of.
25 any review pursuant to paragTaph (1), that
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1
.there is any material employment -based infor-
2
]nation included In such records relating to. any
3
individual, the Commissioner shall notify such
4
indi6lual of the elistenee of such information
5
and. that such information may be elridence of
6
the occurrence of identity theft.
7
' (I3) REQUIREMENTS.—The notification
8
shall be sent by letter to the lndh4dual's ad- .
9
Chess maintained in the Commissioner's records
10
and shall include=
11
(i) the name and location of each per -
12
son listed in such records as such individ-
13
ual's employer involved,
14
(ii) a statement. that, if the listing re -
15
garding each such employer so identified in
16
the notification is in fact an accurate rep -
17
resentation of persons who have been en'i-
18
ployers of such individual, there is no prob-
19
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 rep -
23
resentation of persons who have been em -
24
ployers of such indMdual, such inclMdual
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 tele-
phone or by Internet communication at a
4 telephone number or website which shall be
5 . specified in the notification.
6 (b) 1\ vI`ERIAL EMPLOYMENT-BASED INFORMA-
7 TIO\T.—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 reviei`,
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 pe-
13 rind,
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 employ-
18 ment while under the age of 16.
19 (C) IDENTIFICATION AND 'TREATMENT OF UNAU-
20 THORI%ED ALIENS.-
21 (1) IDENTIFICATION OF SUSPECT EMPLOYERS
22 AND EMPLOYEES AND ISSUANCE OF TENTATIVE DI+I-
23 TERMI\ATION Ohs UNAUTI-IORI%ED ALIN STATUS.-
24 In any case in.wliich the Social Security Administra.-
25 tion receives a notification from an individual pursu-
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ant to subsection (a)(2)(B)(iii), the Commissioner of
Social Security shall identify each employer involved
and the employee of such employer actually em-
ployed in lieu . of such individual, share «rith the Sec-
retary of Homeland Security the identity of each
such employer and such employee, and issue, a ten-
tative determination that such employee is an unau-
thorized alien (as defined in section 274A(h) of the
Immigration. and Nationality Act (8 U.S.C.
1324�a(h))) with respect to the employinent. Upon
the issuance of such tentative determination, the
Commissioner shall notify each such employer and
such employee that a potential. identity fraud has oc-
curred in connection «lith the employment of such
employee by such employer, and that such employee
has been tentatively determined to be such an unau-
thorized alien.
(2) ISSUIVINCE OF CO\NCLUSIVE DETERMINA-
TiON.—If, during the period of 30 business days fol-
loi,icing the date on which such employee receives
such notification, such employee fails to offer to the
Commissioner evidence of the employee's correct
identity and that such employee is not an unauthor-
ized alien (as defined in section 274A(h) of the Im-
migration and Nationality Act (8 U.S.C. 1.324a(h)))
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1 «rith 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) 1\!1 kNDATORY ThJRMIiNATION Ohs I+MPLOY-
6 MENT.—The failure of such employer to immediately
7 terminate such employinent 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 Iminigyation and Nationality Act (8 U.S.C.
11 .1324a(a)(2)).
12 (d) NOTIFICATION OF MIs1ILATCIIED NAME AND SO -
13 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 clays to correct the.
20 mismatch «pith 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-da.y period.
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1 (e) INh,ORMATION SHARING AAVITH TIIIIJ Dh,,PARTMh.NT
2 0I-0 IIOXIELAND SHCi;RITY.-
3 (1) Not later than 1 SO clays following the . date
4 of enactment of this Act, the Cominissioner 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 identi-
10. 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 unau-
17 thorized users of another individual's Social Security
18 account number.
19 SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
20 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 folloiiring:
24 "(f). The Secretary shall assess the maximum allow -
25 able penalties on 100 percent of the employers designated
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1 in any tax year by the Social Security Adrninistr•ation as
2 the most egregious noncompliant employers.
3 "(g). Nob,vithstanding any other provision in this see -
4 tion, in the case of a failure. described in subsection (a)(2)
5 �vjtlr respect to any person employing an alien not author -
6 izecl to be so employed, the penalty under this section shall
7 be determined in accordance «rith 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 ELIGI-
15 BILITY VERIFICATION PILOT PROGRAM.
16 Beginning filth 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 condi-
21 tion on acquisition of a business license, that the applicant
22. demonstrate that the applicant has verified through the
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I E -Verify program, established as the basic pilot progi-am
2 by section 403(x) of the Illegal Immigration Reform and
3 Iinmigrant Responsibility Act of 1996 (division C of Pub -
4 lie Laiv 104-208; 8 U.S.C. 1324a note), that the appli-
5 cant, and each individual employed by the applicant, is
6 authorized to work in the United States.
7 Subtitle C—Prohibition on Unlaw-
8 ful Employment of Aliens in
9 Capitol
10 SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRAC-
TORS TO PARTICIPATE IN EMPLOYMENT ELI -
12 GIBILITY VERIFICATION PILOT PROGRAM.
13 An office of the legislative branch may .not enter into
14 a contract for the provision of goods or sea -rices within.
15 the Capitol Complex «-ith any contractor who employs in -
16 dividuals unless the contractor=
17 (1) elects to participate in the basic pilot pro -
18 g1 -am described in section 403(a) of the Illegal. Im-.
19 migration Reform and` In-imigrant Responsibility Act
20 of 1996 (8 U.S.C. 1324a note), and is in compliance
21 iirith the terms and conditions of such election, «rith
22 respect to all of its employees as well as those pro -
23 viding goods or sei-Nriees under the contract; and
24 (2) certifies that each of its subcontractors pro -
25 viding goods or services under the contract has_ elect-
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1 ed to participate in such program, and is in compli-
2 a.nee w=ith the terns and conditions of such election,
3 with respect to all of its employees as well as those
4 providing goads. 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 iNjth 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 Of -
14 fico Buildings.
15 (4) The House of Representatives Child Care
16 Center and the Senate Employee Child Care Center.
17 (5) Any facility seiiring as a dormitory resi-
18 Bence for Congressional pages.
19 (6) The United States Botanic Garden.
20 (7) The Jefferson, Madison, and. Adams Build -
21 ings of the Library of Congress.
22 (8) The Capitol Power Plant.
23 (9) The United States Capitol Police IIead-
24 quarters .Building.
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1 SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT
2 CONTRACTS.
3 (a) IN GENER L.—This subtitle shallapply iNith re -
4 spect to contracts entered. into after the expiration of the
5 30 -clay period which begins on the date of the. enactment
6 of this Act.
7 (b) Tiu �TSITION FOR CURRENT CONTI3 WTS.—Upon
8 the enactment of this Act, each office of the legislative
9 branch with a contract in effect on the date of the enact -
10 ment of this Act which is described ill section .621 shall
11 obtain assurances from the contractor involved that the
12 contractor «rill 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 in -
19 formation related to the investigation and enforcement of
20 section 162(c)(4) of the Internal Revenue Code of 1986,
21 including any no-ma.teh letter an(l any information in the
22 earnings suspense file.
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1 TITLE -VII--PROHIBITING UN -
2 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 INSTITU-
8 TIONS.
9 Section 5318(1) of title 31, United States Code (relat-
10 ing to identification and verification of accountholders) is
11 inserting after paragraph (6) (as added by section 202)
.12 the follo`aring rne«,,paragraph:
13 64(7) PROI-III3ITION ON USh7 OF IDhJN`1'IFICATION
14 ISSUIiJD BY A FOREIGN GOVERNMI+ANT.—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 (G), 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 matrieula 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 AP -
2 PLIED TO CERTAIN TRANSMITTING BUSI-
3 NESSES.
4 Section 5318(m) of title 31., United States Code, is
5 amended by striking "promulgated pursuant to the au -
6 . thority contained in" and . inserting "prescribed under
7 paragraph (1) of subsection (1) (not�,�thstanding para -
8 gTaph (5). of such subsection) or".
9 SEC. 703. REQUIREMENTS RELATING TO THE UNITED
10 STATES POSTAL SERVICE.
11 (a) IST 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 trans -
14 fer service, no transfer may be made unless -the sender.
15 presents an acceptable form of identification, as deter -
16 mined in accordance with section 201.
17 (b) DEFINITION.—For purposes of this section, the
18 term "international wire transfer serN ice" means any pro -
19 gTam or service, administerecT by the United. States Postal
20 Service, «Thieh provides for the international electronic
21 transfer of money.
22 (c) EFFECTBrE DATE.—The requirements of this see -
23 tion shall take effect six months after the date of the-en-
24
he en
24 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 MEXICO PROGRAM.
5 (a) IST GENEr-,�u,.—The Board of Governors of the
6 Federal Reserve System shall tape such measures as In ay
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
10 as the Direeto a MexicoTM program, no transfer may be
11 made unless the financial institution involved has certified
12 that the sender has presented an acceptable form of identi-
13 fication, as determined in accordance with section 202(a).
14 (b) DEFINITION.—Foy: purposes of this section, the
15 terns "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 Fedivire
19 Funds Service, which provides for the international elec-
20 tropic transfer of funds.
21 (c) EFFECTnTE DATE.—The requirements of this sec -
22 tion shall take effect six months after the date of the en -
23 actment of this Act.
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1 TITLE VIII -BORDER AND LAW
2 ENFORCEMENT
3 SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECU-
4 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 4C(1) SECURPPY FEATURES. -
9 "(A) REIN1410RCED FENCING.—In carrying
10 out subsection (a), the Secretary of. Homeland
11 Security shall provide for at least 2 layers of re -
12 inforeed 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 cast of E1 Paso, Texas;
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1 "(iv) extending from 5 miles north -
2 west of the Del Rio, Texas, port of entry
3 to 5 miles southeast of the Eagle Piss,
4 'Texas, port of entry; and
5 "(v) extending 15 miles north«Test of
6 the Laredo, Texas, port of entry to the
7 I3roiimsville, Texas, port of entry.
8 "(13) ComPLETION DATES. AVith respect
9 to the border area described in subparagraph
10 (A), the Secretary shall ensure that the duties
11 required under such subparagraph are com-
12 pleted by not later than July 31, 2010.
13 "(C) EXCEPTION.—If the topography of a
14 specific area has an elevation grade that ex -
15 eeeds 10 percent, the Secretary may use other
16 means to secure such area, including the use of
17 sur Veillance and barrier tools."..
18 (b) AUTHORIZATION or,, Ar"PROPRIATroNS.—There is
19 authorized to be appropriated to the Secretary of Iiome-
20 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 clivi-
23 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-TEVIE BORDER PATROL
2 AGENTS.
3 Section 5202 of the Intelligence Reform and Ter -
4 rorism Prevention Act of 2004 (Public La«, 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) A�Nivu�U, INCREASi, s.—The Secretary of Home -
9 land Security shall, :subject to the availability of appropria=
10 tions for such purpose, increase the number of positions
11 for full-time active -duty Border Patrol agents «thin the
12 Department of Homeland Security (above the number of
13 positions for which funds were appropriated for the pre -
14 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 sut)seetion (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 APPROPRLMONS.—The
26 'necessary fiends are authorized to be appropriated for each
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1 of fiscal years 2010 through 2014 to "carry out this sec -
2 tion.".
3 SEC. 803. INCREASE IN NUMBER OF ICE AGENTS.
4 Section 5203 of the Intelligence Reform and Tor -
5 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, in -
12 crease by 3,000 the number of positions for full-time ac -
13 tine -duty investigators ivithin the Department of Home -
14 land Security investigating violations of immigration laws
15 (as defined in section 101(x)(17) of the Immigration and
16 Nationality Act (8 U.S.C. 1101(a)(17))) above the number
17 of such positions for 1vhi6h funds Ivere made available dur-
18 ing the preceding fiscal year.
19 "(b) AUTHORIZATION oI,, APPROPRIATIONS.—There
20 are authorized to be appropriated to the Secretary to carry
21 out this section such stuns 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—Gen' eral 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) SEATERAI3ILITY.-If any provision of this title, or
10 the application of . such provision to any person or eir-
11 cumstance, is holt] invalid, the remainder of this title and
12 the application of such provision to other persons not simi-
13 larly situated or to. other circumstances, shall not be af-
14 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 re -
20 affirming the existing inherent authority of States, .law en -
21 forcemeat personnel of a State, or of apolitical subdivision
22 of a State, have the inherent authority of a sovereigam opt]
23 ty to investigate, identit7, 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 EN -
8 COURAGED.
9 (a) IST GENERAL.—Effective two years after the date
10 of the enactment of this Act, a State, or a political subcl1171-
11 cion of a State, that has in effect a statute, policy, or prae-
12 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 en -
16 forcement duties shall not receive any of the funds that
17 would otherwise be allocated to the State under section
18 241(1) of the Immigration and Nationality Act (8. U.S.C.
19 1231(1)).
20 (b) CONSTRUCTION.—Nothing in this section shall
21 require law enforcement officials from States, or from po-
22 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, clue to the failure of the State, or of the political
2 subdivision of the State, to comply with sul)seetion (a.)
3 shall be reallocated to States, or to political subdivisions
4 of States, that comply,,vith such. subsection.
5 SEC. 904. LISTING OF IMMIGRATION VIOLATORS IN THE NA
-
6 TIONAL CRIME INFORMATION CENTER DATA -
7 BASE.
8 (a) PROVISION OF INFORMATION TO TIIE NCIC.-
9 Not later than 180 days after the date of the enactment
10 of this Act and periodically thereafter as updates may re -
11 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 De -
14 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 voluntal-�T departure. agreement, any aliens
18 who have cwerstayed 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;
•FiEZ 994 IH / �/
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1 (2) .the Alien concerned has already. been re
-
2 moved; or
3 (3) sufficient identifying information is avail -
4 able iirith respect to the alien concerned.
5. (b) INCLUSION OF INIOWIVIIMON IN THE NCIC.
6 DATIMASE.—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 para -
11 graph (5); and.
12 (3) by inserting after paragraph (3) the fol -
13 loiAring ne`v 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 «rhether sufficient identifying information is avail -
19 able iirith 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 PROVI-
2 SION OF INFORMATION ABOUT APPRE-
3 HENDED ALIENS.
4 (a) PRQVISIO�T 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. 1.373)
7 and section 434. of the Personal Responsibility and Wor•k
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 �Vlth 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 laivs
15 of the United States.
16 (b) INFORMATION REQUIRED.—The information re -
17 ferred to in subsection (a) is as follo«Vs:
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 elate, time, and location of the eneoun-
22 ter «rith 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 applical:)le, the type of any other identi-
2 . fication document issued to the alien,` any designa.-
3 tion number contained on the identification doeu-
4 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 read -
12 ily obtainable.
13 (c) ANNUAL REPORT ON REPOR`PING.—The See -
14 retai�� shall maintain and annually submit to Congress a
15 detailed report listing the States, or the political subdi,71-
16 cions of States, that have provided information under sub -
17 section (a) in the preceding year.
18 (d) REIMBURSEMENT'.—The Secretary of. Homeland
19 Security shall reimburse States, and political subdi�. isions
20 of a State, for all reasonable costs,as determined by the
21 Secretary, incurred by the State, or the political subdivi-
22 Sion of a State, as a result of proAding 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) CONSTRUC710N.-Nothing in this section shall re -
5 quire laiv enforcement officials of a State, or of apolitical
6 subclivision of a State, to provicle the Secretary of Home -
7 land Security with information related to a victim of a
8 crime or «ritness to a criminal offense.
9 SEC. 906. FINANCIAL ASSISTANCE TO STATE AND LOCAL
10 POLICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS.
12 (a) GrLkNT' S FOR SPECL1L EQUIPMENT FOR HOUSING
13 AND PROCESSING CERTAIN ALIENS.—From amounts
14 made available to make grants under this section, the See -
15 i etary of Homeland Security shall make gTants 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, appre-
19 hending, arresting, detaining, or transporting aliens who
20 have violated the immigration laiv of the United States,
21 including additional administrative costs incurred under
22 this title.
23 (b) ELIGIBILITY.—To 1_)e eligible to receive a. grant
24 under this section, a State, or a political subdivision of
25 a State, must have the authority to, and shall have a lVrit-
•HR 994 IH
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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 carring out the routine lain enforcemelit 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 laAv enforcement from inquiring about a Sus -
7 pect's immigation status.
8 (c) FUNDING. -There is authorized to be appro-
9 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 GENh,RAL.=Tide Secr•eta.ry of Homeland
21 Security shall construct or acquire, in addition to ex -
22 isting facilities for the detention of aliens, 20 deten-
23 tion facilities in the United States, with at least 500
24 beds per facility, for aliens detained pending removal
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NES
I from the United States or a decision regarding such
2 removal.
3 (2) DIJTIaaRMINATIONs.—The location of any de -
4 tention facility built or acquired in accordance with
5 this subsection shall be determined by the Deputy
6 Assistant Director of. the Detention Management Di -
7 vision .of the Immigration and Custonis Enforcement
8 Office of Detention and Removal ii thin United
9 States Immigration and Customs Enforcement.
10 (3) USE OF INSTALLATIOi\S UNDER, BASE CLO -
11 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 realign -
15 ment under the Defense Base Closure and Realign -
16 ment Act of 1990 (part A of title 'XIX of Public
17 Law 101-510; 1.0 U.S.C. 2687 note) for use in ac -
18 cordance ivith 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 AiND CONI+FORMING AMENDMENT. -
23 Section 241(8)(1) of the Immigration and Nationality Act
24 (8 U.S.C. 1231(8)(1)) is amended 1-,)y striking "may ex -
25 pend" and inserting "Shall expend".
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1 SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY
2 PRESENT IN THE UNITED STATES APPRE-
3 HENDED BY STATE OR LOCAL LAW ENFORCE -
4 MENT.
5 (a) STATE 1-\PPREIIENSION.-
6 (1) IN GENERAL.—Title II of the Inin-6gration
.7 and Nationality Act (8 U.S.C. 1151 et seq.) is
8 amended by inserting after section 240C the fol -
9 to«Ting:
10 "CUSTODY OF ALIENS UNLA",TFULLY 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 subdivi-
14 sign of the State, exercising. authority with respect to the
15 apprehension or arrest of an alien ivho 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
ecretary19 "(1) shall -
20 "(A) not later than 48 hours after the eon -
21 elusion of the State, or the political subdivision
22 of a State, charging process or dismissal proc-
23 ess, or if no State or political subdivision charg-
24 ing or dismissal process is required, not later
25 than 48 hours after the alien is apprehended,
•HR 994 1H
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72
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 incar-
5 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 «rithin 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 FOCAL
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. Not -
19 withstanding any other pro-6sion of law or regulation,
20 suchfacility 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) can 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 cus-
3 tody of a United States marshal.
4 "(e) REDIBURSEMENT.—The Secretary of IIomeland
5 Security shall reimburse States, and political §ubdMsions
6 of a. State, for all reasonable expenses, as determined by
7 the Secretary, incurred by theState, or political subdivi-
8 sion, as a result of the incarceration and transportation
9 of an alien ivho is unla.whilly 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 incarcer-
13 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 deten-
17 tion, and to the custody transfer point if the place of de -
18 tention and place of custody are different.
19 "(d) SECURE FACILITIES.—The Secretary of. Ilorne-
20 land Security shallensure that aliens incarcerated in Fe( -,I-
21 oral 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 see -
25 tion, the Secretary of IIomeland Security shall es-
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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 Fed
-
4 era] custody.
5 "(2) CON TRACT' Secretary may enter.
6 into contracts, including appropriate private con -
7 tracts, to implemeirt 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 1111ho-
11 "(1) entered the United States ii thout inspec-
12 tion or at any time, manner or place other than that
13 designated by the Secretary of IIomeland 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 subdilnsion of the State, had
17 failed to -
18 "(A) inainta111 the nonlnln'iigTant status in
19 which the alien was admitted or to which it was
20 changed under section 248; or
21 "(B) comply «pith the conditions of any
22 such status;
23 "(3) was admitted as an immigTant and has
24 subsequently failed to comply with the requirements
25 of that status; or
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75.
1 "(4) failed to depart the United States under a
2 vohintary departure agreement or under a. final
3 order of removal.".
4 (2) CILh7IlICAL. AMEND1IIENT.—The table of con -
5 tents of such Act is amended by -inserting after the
6 item relating to,section 240C the follmVing new item:
"See. 240D. Custody of aliens unlawfiilly 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 Immi
13 gration. and Nationality Act (as added by subsection
14 (a)(1))•
15 SEC. 909. TRAINING OF STATE AND. LOCAL LAW ENFORCE -
16 MENT PERSONNEL RELATING TO THE EN
17 FORCEMENT OF 114MIGRATION LAWS.
18 (a) ESTABLISIIMENT OF TRAINING MANUAL AND
19 POCKET GUIDE.—Not later than 180 days after the (:late
20 of the enactment of this Act, the Secretary of Iiomcland
21 Security shall establish -
22 (1) a training manual for laiv enforcement per -
23 sonnel of a State, or of a political subdiiision 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 unlawfirlly
2 present in the United States (including the transpor
3 tation of such aliens across State lines to 'detention
4 centers and the identification of fraudulent docu-
5 ments); and
6 (2) an immigration enforcement pocket guide
7 for law enforcement personnel of a State, or of a po-
8 litical subdivision of a State, to provide a quick ref -
9. erence for such personnel in the course of duty.
10 (b) AVAILABILITY:—The training manual and pocket
11 guide established in accordance «lith subsection (a) shall
12 be made available to all State and local law enforcement
13 personnel.
14 (e) APPLICABILITY.—Nothing in this section shall be
15 construed to require State or local laiv enforcement per -
16 sonnel to carry the training manual or. pocket guide Ninth
17 them while on duty.
18 (d) COSTS.—The Secretary of Homeland Security
19 shall be responsible for any costs incurred in estabIishing
20 the training manual and pocket guide.
21 (e) TRAINING FLE]KIBILITY.-
22 (1) IN GENERAL.—The Secretary of Ilomeland
23 Security shall make training of State and local law
24 enforcement officers availat)le through as many
25 means as possible, including through residential
*HR 994 IH
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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.. E-
6 learning through a secure, encrypted distributed
7 learning system that has all its servers based in the
8 United States, is scalable, surNrivable, and can have
9 a portal in place not later than 30 days after the
10 elate 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 laiv enforcement personnel.
14 (2) FEDERAL PERSONNEL TRAINING.—The
15 training of State• and local law enforcement per -
16 sonnel un(ler this section shall not displace the train -
17 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 require -
21 .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.—Not`vithstanding any.
6 other provision of law, a. laiv enforcement officer of a State
7 or- local law enforcement agency who is acting Mthin the
8 scope of the officer's official duties shall be in1n1une, 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.—Noti�rithstanding 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 ei-61 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 lain in the course of enforcing such immigTation
20
21 SEC. 911. INSTITUTIONAL REMOVAL PROGRAM (IRP).
22 (a) CONTINUATION AND EIPANSION.-
23 (1) IN GENERAL.—The Secretary of Homeland
24 Security shall continue to operate and implement the
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1 program knoivii as the Institutional Removal Pro -
2 gram (IRP) which -
3 (A) identifies removable criii-i nal 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 fiends for the incarceration of
12 criminal aliens shall -
13 (A) cooperate with officials of the Institu-
. 14 tional Removal Program;
15 (B) expeditiously and systematically idea
16 tify criminal aliens in its prison and jail popu-
17 lations; and
18 (C) promptly convey such information to
19 officials of such Program as. a condition of re -
20 ceiving such, funds.
21 (U) AUTIIORIZATION F OR DIS TENTIoN, AFTER CONI -
22 PLETION OF STATE OR FOCAL PRISON SI+ANTENCE.—Unv
23 enforcement officers of a State, or of a political subdivision
24 of a State, are authorized to-
-HR 9941H
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 alleles who
8 have served a State prison sentence. to be detained
9 by the State prison until personnel from United
10 States Inlmigl ation 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 prac-
14 ticable in order to make the Institutional Removal Pro -
15 gram available in remote locations. Mobile access to Fed -
16 eral databases of aliens, " such as IDENT, and live scan
17 technology shall be used to the maximum extent prac-
18 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 fonds made available for the Department
24 of IIorneland Security or the Department of Justice play
25 be provided to any State or unit of local government that
•HR 994 IH
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1 has in effect any la,,v, policy, or procedure in contravention
2 of subsection (a) or (b) of section 642 of the Illegal Immi-
3 gration Reform and Immigrant Responsibility Act of 1996
4 (8 U.S.C.. 1373).
s Subtitle, C—Criminal Aliens
6 SEC. 931. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
7 (SCAAP).
8 Section 241(1)(5) of the I nmigTaticnr and Nationality
9 Act (8 U.S.C.1231(i)) is amended to read as follows:
10 "(5) There .are authorized to he appropriated to
11 carry out this subsection Such Sums as may be nec-
12 essary for fiscal year 2010 and each subsequent fis-
13 cal year.".
14 SEC. 932. AUTHORIZATION OF APPROPRIATIONS.
15 There are authorized to be appropriated to .the Sec -
16 retaa-�, 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 UN -
19 DOCUMENTED ALIENS CHARGED WITH CER -
20 TAIN CRIMES.
21 Section 241(i)(3)(A) of the Immigration and Nation -
22 ality Act (8 U.S.C. 1231(a.)(3)(A)) is amended by insert -
23 ing "charged with or" before "convicted".
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1 SEC. 934. PREEMPTION.
2 It is the sense of the CongT-ess that States and local
3 political subdMsions are not preempted from the enact -
4 meat and enforcement of immigration -related laws and br-
5 dinances- that do not directly conflict with Federal immi-
6 gration laws.
7 TITLE X -PROHIBITING IN -
8 STATE TUITION FOR UNLAW-
9 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) with -
22 out regard to «vhether the citizen or national is
23 a resident of the State or has attended or grad -
24 uated from a. school in the State.";
25. (2) by redesignating subsection (b) as sub -
26 section (c); and
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(3) by inserting the folloiNring after subsection
(a).
"(b) ENFORCEMENT THROUGII CI<7IL ACTION.
—
"(1) 1\ GrENI RAL.—Any citizen or national of
the United States who is attending or is enrolled to
attend a postsecondary educational institution al-
leged to be in violation of subsection (a) may com-
mence a civil action on his own behalf against any
official of the State entity that governs such postsee-
ondary educational institutions or of the educational
institution itself to enforce the terms of subsection
(a)
"(2) RELIEF.—The court shall provide all ap-
propriate relief, including damages equal to the
monetary value of any benefit provided to an illegal
alien but denied to the citizen or' national of the
United States, and shall award attorneys' fees and
costs to a citizen or national of the United States
who establishes a violation of subsection (a) to the
satisfaction of the court.
"(3) AUTHORPPY.—This subsection is enacted
pursuant to section 5 of the 14th amendment to the
Constitution of the United States.".
O
•HR 994 IH
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UA.UTHOENTICATEN
D
INFORMATION
GPO
ITI-I CONGRESS H. R. 997
IST SESSION
To declare English as the official language of the United States, to establish
a uniform English language rule for naturalization, and to avoid mis-
constructions of the English language texts of the laws of the United
States, pursuant to Congress' powers to provide for the general welfare
of the United States and to establish a uniform rule of naturalization
under article I, section S, of the Constitution.
IN THE HOUSE Ohs REPRESENTATIVES
FEBRUARY 11, 2009
Mr. KING of Iowa (for- himself, Mrs. BACHMANN, Mrs. BLACKBURN, Mr.
LUETKEMEYER, Mr. BURGESS, Mr. BURTON of Indiana, Mr. COBLE, Mr.
CULBERSON, Mr. ROI-IRABACHER, Mr. DREIER, Mr. DUNCAN, Mr.
FRANKS of Arizona, Mr. BROWN of South Carolina, Mr. HERGER, Mr.
INGLIS, Mr. JONES, Mr. MCCAUL, Mr. MCHENRY, Mr. PAUL, Mr. ROE
of Tennessee, Mr. ROGERS, of Alabama, Mr. TiBER.i, Mr. BROUN of Geor-
gia, Mr. GRAVES, Mr. BILIRAIas, Mrs. MYRICK, Mr. SIMPSON, Mr..
MCHUGI_I, Mr. PLATTS, Mr. HOEKSTRA, Mr. SULLIVAN, Mr. BILBRAY,
Mr. ROGERS of Kentucky, Mr. ROGERS of Michigan, Mr. WOLF, Mr.
FLEMING, Mr. SMITH of Nebraska, Mr. SHUSTER, Ms. Fo=, Mr. POE
of Texas, Mr. LUCAS, Mr. BARTLETT, Mr. WHITFIELD, Mr. GARY G.
MILLER of California, Mr. KINE of Minnesota, Mr. NLXRCAANT, Mr -S.
LUMNIIS, Mr. WITT➢4AN, Mr. STEARNS, Mr. LATOURETTE, Mr. AiaN, Mr.
HUNTER, Mr. SAKI JOHNSON of Texas, Ms. FALLIN, Mr. WANIP, Mr.
PITTS, Mrs. SCHMIDT, Mr. WESTMORELAND, and Mr. MCCLINTOCK) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor•, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned
A BILL
To declare English as the official language of the United
S
R13
2
States, to establish a uniform English language rule for
naturalization, and to avoid misconstructions of the
English language texts of the laws of the United States,
pursuant to Congress' powers to provide for the general
welfare of the United States and to establish a uniform
rule of naturalization under article I, section 8, of the
Constitution.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "English Language
5 Unity Act of 2009".
6 SEC. 2. FINDINGS.
7 The Congress finds and declares the following:
8 (1) The United States is comprised of individ-
uals from diverse ethnic, cultural, and linguistic
10 backgrounds, and continues to benefit from this rich
11 diversity.
12 (2) Throughout the history of the United
13 States, the common thread binding individuals of
14 differing backgrounds has been the English lan-
15 guage.
16 (3) Among the powers reserved to the States
17 respectively is the power to establish the English
18 language as the official language of the respective
19 States, and otherwise to- promote the English lan-
20 guage within the respective States, subject to the
•HR 99_7 IH
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1 prohibitions enumerated in the Constitution of the
2 United States and in laws of the respective States.
3 SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED
4 STATES.
5 (a) IST GEvrffi IL.—Title 4, United States Code, is
6 amended by adding at the end the following new chapter:
7 "CHAPTER 6 -OFFICIAL LANGUAGE
8 "§ 161. Official language of the United States
9 "The official language of the United States is
10 English.
11 "§ 162. Preserving and enhancing the role of the offi-
12 cial language
13 "Representatives of the Federal Government shall
14 have an affirmative obligation to preserve and enhance the
15 role of English as the official language of the Federal Gov -
16 ernment. Such obligation shall include encouraging great -
17 er opportunities for individuals to learn the English lan-
18 guage.
19 "§ 163. Official functions of Government to be con -
20 ducted in English
21 "(a) OFFICIAL FUNCTIONS.—The official functions
22 of the Government of the United States shall be conducted
23 in English.
24 "(b) SCOPE.—For the purposes of this section, the
25 term `United States' means the several States and the
•HR 997 IH
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1 District of Columbia, and the term `official' refers to any
2 function that (i) binds the Government, (ii) is required
3 by law, or (iii) is otherwise subject to scrutiny by either
4 the press or the public.
5 "(c) PRACTICAL EFFECT.—This section shall apply
6 to all laws, public proceedings, regulations, publications,
7 orders, actions, programs, and policies, but does not apply
8 to -
9 "(1) teaching of languages;
10 "(2) requirements under the Individuals with
11 Disabilities Education Act;
12 "(3) actions, documents, or policies necessary
13 for national security, international relations, trade,
14 tourism, or commerce;
15 "(4) actions or documents that protect the pub -
16 lie health and safety;
17 "(5) actions or documents that facilitate the ac -
18 tivities of the Bureau of the Census in compiling any
19 census of population;
20 "(6) actions that protect the rights of victims of
21 crimes or criminal defendants; or
22 "(7) using terms of art or phrases from Ian -
23 guages other than English.
•HR 997 I[
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1 4166. Standing
2 "A person injured by a violation of this chapter may
3 in a civil action (including an action under chapter 151
4 of title 28) obtain appropriate relief.".
5 (b) CLERICAL AMENDMENT.—The table of chapters
6 at the beginning of title 4, United States Code, is amended
7 by inserting after the item relating to chapter 5 the fol -
8 lowing new item:
"CIIAPTER. h. OFFICIAL LANGUAGE".
9 SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH
10 LANGUAGE TEXTS OF THE LAWS OF THE
11 UNITED STATES.
12 (a) IN GENERAL. -Chapter 1 of title 1, United
13 States Code, is amended by adding at the end the fol -
14 lowing new section:
15 4 9. General rules of construction for laws of the
16 United States
17 "(a) English language requirements and workplace
18 policies, whether in the public or private sector, shall be
19 presumptively consistent with the Laws of the United
20 States; and
21 "(b) Any ambiguity in the English language text of
22 the Laws of the United States shall be resolved, in accord -
23 ance with the last two articles of the Bill of Rights, not
24 to deny or disparage rights retained by the people, and
-HR 997 IH
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1 to reserve powers to the States respectively, or to the peo-
2 ple.".
3 (b) CLERIClm ATIVIENDiv ENT.—The table of sections
4 at the beginning of chapter 1 of title 1, is amended by
5 inserting after the item relating to section 8 the following
6 new item:
"9. General Rules of Construction for Laws of the United States.",
7 SEC. 5. IMPLEMENTING REGULATIONS.
8 The Secretary of Homeland Security shall, within
9 180 days after the date of enactment of this Act, issue
10 for public notice and comment a proposed rule for uniform
11 testing English language ability of candidates for natu-
12 ralization, based upon the principles that -
13 (1) all citizens should be able to read and un -
14 derstand generally the English language text of the
15 Declaration of Independence, the Constitution, and
16 the laws of the United States which are made in
17 pursuance thereof; and
18 (2) any exceptions to this standard should be
19 limited to extraordinary circumstances, such as asy-
20 lum.
21 SEC. 6. EFFECTIVE DATE.
22 The amendments made by sections 3 and 4 shall take
23 .effect on the date that is 180 days after the date of the
24 enactment of this Act.
X
oHR 997 1H
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' � AUTNENTICATEO
INF
U.ORMATIOOV TIO NT
INFN
GPO
I
111TI-I CONGRESS He Re 1868
IST SESSION
To amend section 301 of the Immigration and Nationality Act to clarify
those classes of individuals born in the United States who are nationals
and citizens of the United States at birth.
IN THE HOUSE OF REPRESENTATIVES
APRIL 2, 2009
Mr. DEAL of Georgia (for himself, Mr. BILBRAY, Mr. DANIEL E. LUNGREN
of California, Mr. WESTMORELAND, Mr. JONES, Mr. HENSARLING, Mr.
FRANKS of Arizona, Mr. GINGREY of Georgia, NIr•. BRADY of Texas, NIr•.
BROUN of Georgia, Mr. NL\RCHANI T, Mr. CAMPBELL, Mr. KINGSTON, Mr.
HELLER, Mr. NEUGEBAUER, Mr. JORDAN of Ohio, Mr. CONAWAY, Mr.
WHITFIELD, NIr. LINDER, Mr. CULBERSON, NIr. MCCOTTER, Mr.
MERGER, NIr•. AKIN, NIr. GOHMERT, NIr. BOOZMAN, NIr•. LAMBORN, Mr.
CALI�TERT, Mr. SAM JOHNSON of Texas, Mr. ROYCE, NIr. SMITH,of Ne-
braska, Mr. TAYLOR, Mr. GARY G. MILLER of California, NIr. COFFMAN
of Colorado, Mrs. MYRICK, MY-. BARTLETT, Mr. ROHRABACI-IER, Ms.
Fwa, NIr•. KING of New York, NIr. DUNCAN, NIr•. POE of Texas, and Mr.
PRICE of Georgia) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend section 301 of the Immigration and Nationality
Act to clarify those classes of individuals born in the
United States who are nationals and citizens of the
United States at birth.
1 Be it enacted by the Senate and House of Representa=
2 tives of the United States of America in Congress assembled,
9s'
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the "Birthright Citizenship
3 Act of 2009".
4 SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS
5 BORN IN THE UNITED STATES.
6 (a) IN GENERAL. -Section 301 of the Immigration
7 and Nationality Act (8 U.S.C. 140 1) is amended -
8 (1). by inserting "(a) IN GENERAL.—" before.
9 "The following";
10 (2) by redesignating paragraphs (a) through (h)
11 as paragraphs (1) through (8); and
12 (3) by adding at the end the following:
13 "(b) DEFINITION.—Acknowledging the right of birth -
14 right citizenship established by section 1 of the 14th
15 amendment to the Constitution, a person born in the
16 United States shall be considered `subject to the jurisdie-
17 tion' of the United States for purposes of subsection (a)(1)
18 if the person is born in the United States of parents, one
19 of whom is -
20 (1) a citizen or national of the United States;
21 "(2) an alien lawfully admitted for permanent
22 residence in the United States whose residence is in
23 the United States; or
24 "(3) an alien performing active service in the
25 armed forces (as defined in section 101 of title 10,
26 United States Code).".
*HR 1868 IH
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1 (b) APPLICABILITY.—The amendment made by sub -
2 section (a)(3) shall not be construed to affect the citizen -
3 ship or nationality status of any person born before the
4 date of the enactment of this Act.
i❑
•HR 1868 IH /
AUTHENTICATED
U.S. GOVERNMENT
• INFORMATION
GPO
I
1112x CONGRESS H. R. 2083
IST Srsslov
To secure smuggling routes on the U.S.-Mexico border,, better prevent the
smuggling of narcotics and weapons across the border-, and forother purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 2009
Mr. HUNTER (for himself, Mr. POE of Texas, Mr. BiLRRAY, Mr. MARCHANT,
Mr. ROYCE, Mr. CAMPBELL, Mr. RoIIIUBACIIER, 'Mr. ALE-Na1NDER, Mr.
CALVER.T, Mr. AKIN, Mr. GARY G. MILLER of California, and Mr.
FRANKS of Arizona) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Homeland Security and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To secure smuggling routes on the U.S.-Mexico border, better
prevent the smuggling of narcotics and weapons across
the border, and for other purposes.
I Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Border Sovereignty
5 and Protection Act".
2
1 SEC. 2. TWO -LAYERED REINFORCED FENCING ALONG THE
2 SOUTHWEST BORDER.
3 (a) IN GENERAL.—Section 102 of the Illegal Immi-
4 gration Reform and Immigrant Responsibility Act of 1996
5 (Public Law 104-208; 8 U.S.C. 1103 note) is amended
6 by amending subparagraph (A) of subsection (b) (1) to
7 read as follows:
8 "(A) Two -LAYERED REINFORCED FENC-
9 ING.-
10
"(i) IN GENERAL.—In carrying out
11
subsection (a), the Secretary of Homeland
12
Security shall construct two layers of rein -
13
forced fencing along not fewer than 350
14
miles of the southwest border where such
15
fencing would be most practical and effee-
16
tive and provide for the installation of re -
17
lated security infrastructure to gain oper-
18
ational control of the southwest. border.
19
"(11) BORDER PATROL ACCESS
20
ROAD.—The two -layered reinforced fencing
21
required under clause (i) shall be separated
22
by a Border Patrol access road.
23
"(iii) CONSTRUCTION DEADLINE. -
24
The Secretary shall ensure the completion
25
of the construction of such two -layered re -
26
inforced fencing (including the installation
•HR 2083 IH
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1 of such related security infrastructure) re -
2 quired under clause (i) and the construc-
3 tion of the Border Patrol access road re -
4 quired under clause (ii) by not later than
5 the date that is one year after the date of
6 the enactment of this subparagraph.
7 "(iV) PROHIBITION ON PREEXISTING
8 FENCING TO SATISFY MILEAGE RE(IUIRE-
9 MENT.—In carrying out clause (i), the Sec -
10 rotary may not consider fencing along the
11 southwest border in existence on April 1,
12 2009, for purposes of satisfying the mile -
13 age requirement under such clause.".
14 (b) AUTHORIZATION OF APPROPRIATIONS.—There
15 are authorized to be appropriated such sums as may be
16 necessary to carryout the amendment made by subsection
17 (a.).
18 SEC. 3. DEPARTMENT OF HOMELAND SECURITY AUTHOR -
19 ITY WITH REGARD TO DRUG OFFENSES.
20 The Department of Homeland Security shall have full
21 authority, concurrent with that of the Department of Jus -
22 tice, to investigate any criminal violation of the Controlled
23 Substances Act or the Controlled Substances Import and
24 Export Act.
*HR 2083 IH
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1 SEC. 4. MANDATORY MINIMUM SENTENCE FOR FIREARMS
2 SMUGGLING.
3 (a) SMUGGLING INTO THE UNITED STATES.—See-
4 tion 924 of title 18, United States Code, is amended by
5 adding at the end the following:
6 "(q) Whoever, in relation to a crime of violence (as
7 defined in subsection (c)(3)) or a drug trafficking crime
8 (as defined in subsection (e)(2)), smuggles or fraudulently
9 or knowingly imports or brings into the United States a
10 firearm, or attempts to do so, contrary to any law or regu-
11 lation of the United States shall be fined under this title,
12 imprisoned not less than 15 years, or both.".
13 (b) SMUGGLING OUT OF THE UNITED STATES.—Sec-
14 tion 554(x) of title 18, United States Code, is amended
15 by inserting ", but if the merchandise, article, or object
16 is a firearm (as defined in section 921) and the conduct
17 described in this subsection occurs in relation to a crime
18 of violence (as defined in section 924(c)(3)) or a drug traf-
19 Picking crime (as defined in section 924(c)(2)), the term
20 of imprisonment for the offense shall be not less than 15
21 years" after "or both".
-HR 2083 IH
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1 SEC. 5. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL
2 ALIEN ASSISTANCE PROGRAM (SCARP) FUND -
3 ING.
4 Section 241(1) of the Immigration and Nationality
5 Act (8 U.S.C. 1231(i)) is amended by adding at the end
6 the following:
7 "(7) A State (or a political subdivision of a
8 State) shall not be eligible to enter into a contrac-
9 tual arrangement under paragraph (1) if the State
10 (or political subdivision) -
11 "(A) has in effect any law, policy, or proce-
12 lure in contravention of subsection (a) or (b) of
13 section 642 of. the Illegal Immigration Reform
14 and Immigrant Responsibility Act of 1996 (8
15 U.S.C. 1373); or
16 "(B) prohibits State or local law enforce -
17 went officials from gathering information re -
18 garding the citizenship or immigration status,
19 lawful or unlawful, of any individual.".
20 SEC. 6. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING
21 ALIENS.
22 Section 235 (b) (1) (A) of the Immigration and Nation -
Zn
23 ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking
24 clauses (i) through (iii) and inserting the following:
25 "(i) IN GENERAU,.—If an immiaTation
26 officer determines that an alien (other
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*HR 2083 IH
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than an alien described in subparagraph
(F)) who is arriving in the United States,
or who has not been admitted or paroled
into the United States and has not been
physically present in the United. States
continuously for the 3 -year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, is inadmissible under section
212(a)(6)(C) or 212(x)(7), the officer shall
order the alien removed from the United
States without further hearing or review,
unless—
"(I) the alien has been charged
with a crime; or
"(II) the alien indicates an inten-
tion to apply for asylum under section
208 or a fear of persecution and the
officer determines that the alien has
been physically present in the United
States for less than 1 year.
"(ii) CLAIMS FOR ASYLUM. -If �an im-
migration officer determines that an alien
(other than an alien described in subpara-
graph (F)) who is arriving in the United
ia�
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1 States, or who has not been admitted or
2 paroled into the United States and has not
3 been physically present in the United
4 States continuously for the 3 -year period
5 immediately prior to the -date -of the -deter-
6 mination of inadmissibility under this
7 paragraph, is inadmissible under section
8 212(a)(6)(C) or 212(x)(7), and the alien
9 indicates either an intention to apply for
10 asylum under section 208 or a fear of per -
11 secution, the officer shall refer the alien
12 for an interview by an asylum officer under
13 subparagraph (B) if the officer determines
14 that the alien has been physically present
15 in the United States for less than 1 year.".
16 SEC. 7. EXPEDITED REMOVAL OF CRIMINAL ALIENS.
17 (a) IN GENERAL.—Section 238 of the Immigration
18 -and Nationality Act (8 U.S.C. 1228) is amended -
19 (1) by amending the section heading to read as
20 follows: "EXPEDITED REMOVAL OF CRIMINAL
21 ALIENS";
22 (2) in subsection (a), by amending the sub -
23 section heading to read as follows: "EXPEDITED RE -
24 MOVAL FROM CORRECTIONAL FACILITIES",
4M 2083 IH
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1 (3) in subsection (b), by amending the sub -
2 section heading to read as follows: "REMOVAL Or
3 CRIMINAL ALIENS";
4 (4). in' subsection (b),. by striking paragraphs
5 (1) and (2) and inserting the following:
6 "(1) IN GENERAL.—The Secretary may, in the
7 case of an alien described in paragraph (2), deter -
8 mine the deportability of such alien and issue an
9 order of removal pursuant to the procedures set
10 forth in this subsection or section 240.
11 "(2) ALIENS DESCRIBED.—An alien is de -
12 scribed in this paragraph if the alien, whether or not
13 admitted into the United States, was convicted of
14 any criminal offense described in subparagraph
15 (A)(iii), (C), or (D) of section 237(a)(2).";
16 (5) in the first subsection (c) (relating to pre -
17 sumption of deportability), by striking "convicted of
18 an aggravated felony" and inserting "described in
19 paragraph (b)(2)";
20 (6) by redesignating the second subsection (c)
21 (relating to judicial removal) as subsection (d); and
22 (7) in subsection (d)(5) (as so redesignated), by
23 striking who is deportable under this Act,".
24 (b) LIMIT ON INJUNCTIVE RELIEF.—Section
25 242(f.)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended
•HR 2083 IH I
Oq
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1 by inserting "or stay, whether temporarily or otherwise,"
2 after "enjoin".
3 SEC. 8. MANDATORY EMPLOYMENT AUTHORIZATION
4 VERIFICATION.
5 (a) MAILING BASIC PILOT PROGRAM PERM ANENT.
6 Section 401(b) of the Illegal Immigration Reform and Im-
7 migrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
8 is amended by adding before the period at the end of the
9 last sentence the following ", except that the basic pilot
10 program described in section 403(a) shall be a permanent
11 program"
12 (b) MANDATORY USE of E -VERIFY SYSTEM.
13 (1) IN GENERAIL.—Subject to paragraphs (2)
14 and (3), every person or other entity that hires one
15 or more individuals for employment in the United
16 States shall verify through the E -Verify program, es -
17 tablished as the basic pilot program by section
18 403(x) of the Illegal Immigration Reform and Immi-
19 grant Responsibility Act of 1996 (division C of Pub -
20 lie Law 104-208; 8 U.S.C. 1324a note), that each
21 such individual is authorized to work in the United
22 States. The Secretary of Homeland Security shall
23 ensure that verification by means of a toll-free tele -
24 phone line is an available option in complying with
25 the preceding sentence.
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(2) SELECT ENTITIES REQUIRED TO USE E -
VERIFY PROGRAM IMMEDIA'1TELY.—The following en-
tities must satisfy the requirement in paragraph (1)
by not later than one year after the date of the en-
actment of this Act:
(A) FEDERAL AGENCIES.—Each depart-
ment and agency of the Federal Government.
(B) FEDERAL CONTRACTORS.—A con-
tractor that—
(i) has entered into a contract with
the Federal Government to which section
2 (b) (1) of the Service Contract Act of
1965 (41 U.S.C. 351(b)(1)) applies, and
any subcontractor under such contract; or
(ii) has entered into a contract ex-
empted from the application of such Act by
section 6 of such Act (41 U.S.C. 356), and
any subcontractor under such contract;
and
(C) LARGE EMPLOYERS.—An employer
that employs more than 250 individuals in the
United States.
(3) PHASING -IN FOR OTHER EMPLOYERS.—
(A) 2 YEARS FOR EMPLOYERS OF 100 OR
MORE.—Entities that employ 100 or more indi-
•HR 2083 IH
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viduals in the United States must satisfy the
requirement in paragraph (1) by not later than
two years after the date of the enactment of
this Act.
(B) 3 YEARS FOR EMPLOYERS WITH 30 OR
MORE EMPLOYEES. All entities that employ 30
or more individuals in the United States must
satisfy the requirement in paragraph (1) by not
later than three years after the date of the en-
actment of this Act.
(C) 4 YEARS FOR ALL I+EMPLOYERS.—All
entities that employ one or more individuals in
the United States must satisfy the requirement
in paragraph (1) by not, later than four years
after the date of the enactment of this Act.
(4) VERIFYING EMPLOYMENT AUTHORIZATION
OF CURRENT EMPLOYEES.—Every person or other
entity that employs one or more persons in the
United States shall verify through the E -Verify pro-
gram by not later than four years after the date of
the enactment of this Act that each employee is au-
thorized to work in the United States.
(5) DEFENSE.—An employer who has complied
with the requirements in paragraphs (1) and (4)
•HR 2053 IH
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1 shall not be liable for hiring an unauthorized alien,
2 if -
3 (A) such hiring occurred clue to an error in
4 the E -Verify program that was unknown to the
5 employer _at the time of such hiring; and
6 (B) the employer terminates the employ -
7 ment of the alien upon being informed of the
8 error.
9 (6) SANCTIONS FOR NONCOMPLIANCE.—The
10 failure of an employer to comply with .the require -
11 ments in paragraphs (1) or (4) shall -
12 (A) be treated as a violation of section
13 274A(a) (1) (B) with respect to each offense; and
14 (B) create a rebuttable presumption that
15 the employer has violated section
16 274A(a)(1)(A).
17 (7) VOLUNTARY PARTICIPATION Ohs EMPLOYERS
18 NOT IMMEDIATELY SUBJECT TO RERUIREMENT.-
19 Nothing in this subsection shall be construed as pre -
20 venting a person or other entity that is not imme-
21 diately subject to the requirement of paragraph (1)
22 pursuant to paragraph (2) or (3) from voluntarily
23 using the E -Verify program to verify the employ -
24 ment authorization of new hires or current employ -
25 ees.
.HR 2083 IH
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1 (S)
STATE
INTERFERENCE.—No State may
2 prohibit
a person
or other entity from using the E-
3 verify program to verify the employment authoriza-
4 tion of new hires or current employees.
O
•HR 2053 IH I �j
tv
AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
CPO
I
111TH CONGRESS � • R. 3571
IST SESSION
To prohibit the Federal Government from awarding contracts, grants, or
other agreements to, providing any other Federal funds to, or engaging
in activities that promote certain indicted organizations.
IN THE HOUSE OF REPRESENTATIVES
SI,PTEMBER 15, 2009
Mr. BOEHNER (for himself, Mr. CANTOR, Mr. PEN(,',,, Mr. ISSA, Mr.
ADERIIOLT, Mr. AKIN, Mr. ALEXANDER, Mrs. BACHbIANN, NIr•. BACHUS,
Mr. B ARRETT of South Carolina, Mr. BARTLETT, Mr. BILIRAKIS, Mr.
BISHOP of Utah, Mrs. BLACKBURN, Mr. BLUNT, NIr•. BONNER, Mrs.
BONO MACK, Mr. BOOZ',IAN, Mr. BOUSTANY, Mr. BRADY of Texas, NIr•.
BROUN of Georgia, NIr•. BROWN of South Carolina, Mr. BURTON of Indi-
ana, Mr. BUYER, Mr. CALVERT, Mr. CAMP, Mrs. CAPITO, Mr. CARTER,
Mr. CI-IAFFETL, Mr. COFFMAN of Colorado, Mr. COLE, Mr. CONAWAY,
Mr. CULBERSON, Mr'. DAVIS of Kentucky, Mr. DENT, Mr. DREIER, Mr.
DUNCAN, Mr. EHLERS, Ms. FALLIN, Ms. Fox—\, Mr. FRANKS of Arizona,
NIr•. GALLEGLY, Mr. GARRETT of New Jersev, Mr. Gmu wu, NIr. GOOD-
LATTE, Ms. GRANGER, Mr. GRAVES, Mr. I-IARPER, Mr.. HELLER, Mr.
IIF.NSARLING, NIr•. MERGER, Mr. INGLIS, Mr. SAM JOHNSON of Texas,
Mr. JONES, Mr. JORDAN of Ohio, Mr. KING of New York, Mr. KING-
STON, Mr. KLINE of Minnesota, Mr. L U1H30RN, Mr. LANCE, Mr..
LAToURETTE, NIr•. LATTA, Mr. LEE of New York, Mr. LEWIS of Cali-
fornia, Mr. LINDER, Mr. LOBIONDO, NIr. LUETKEMEYER, Mrs. LUMMIS,
Mr. DANIEL E. LUNGREN of California, Mr. MACK, NIr. MARCHANT, NIr.
MCCAUL, Mr. MCCARTHY of California, Mr. MCCOTTER, Mrs.
MCMORRIS RODGERS, Mr. MCHENRY, ' Mr. MCKEON, NIr'. MILLER of
Florida, Mrs. MILLER of Michigan, Mr. MORAN of Kansas, Mrs. MYRICK,
Mr. NEUGEBAUER, Mr. OLSON, Mr. PAUL, Mr. PETRI, Mr. PLATTS, Mr.
POSEY, Mr. PUTNA-IM, NIr. RADANOVICH, Mr. ROGERS of Alabama, NIr.
ROGERS of Kentucky, Mr. ROSKAM, Mr. ROYCE, Mr. SCALISE, Mr. SES-
SIONS, Mr. SHBIKUS, Mr. SHUSTER, Mr. SIMPSON, NIr. SMITH of Texas,
Mr. SOUDER, NIr•. SULLIVAN, Mr. TERRY, Mr. TIBI)RI, NIr•. TIAHRT, Mr..
'I HOMPSON of Pennsylvania, NIr. TURNER, Mr. UPTON, Mr. WALDEN,
Mr. WAMP, Mr. WESTMORELAND, Mr. WHITFIELD, NIr. WILSON of South
Carolina, Mr. WOLF, NIr•. YOUNG of Florida, and Mrs. BIGGERT) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Government Reform
2
A BILL
To prohibit the Federal Government from awarding con-
tracts, grants, or other agreements to, providinZn
g any
other Federal funds to, or engaging in activities that
promote certain indicted organizations.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Defend ACORN Act".
5 SEC. 2. PROHIBITIONS ON FEDERAL FUNDS AND OTHER
6 ACTIVITIES WITH RESPECT TO CERTAIN IN -
7 DICTED ORGANIZATIONS.
8 (a) PROHIBITIONS.—With respect to any covered or -
9 ganization, the following prohibitions apply:
10 (1) No Federal contract, grant, cooperative
11 agreement, or any other form of agreement (includ-
12 ing a memorandum of understanding) may be
.13 awarded to or entered into with the organization.
14 (2) No Federal funds in any other form may be
15 provided to the organization.
16 (3) No Federal employee or contractor may
17 promote in any way (including recommending to a
18 person or referring to a person for any purpose) the
19 organization.
20 (b) COVERh.D ORGANIZA,rION.—In this section, the
21 term "covered organization" means any of the following:
-HR 3571 IH
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10
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3
(1) Any organization that has been indicted for
a violation under any Federal or State law governing
the financing of a campaign for election for public
office or any law governing the administration of an
election for public office, including a law relating to
voter registration.
(2) Any organization that had its State cor-
porate charter terminated due to its failure to com-
ply with Federal or State lobbying disclosure re-
quirements.
(3) Any organization that has filed a fraudulent
form with any Federal or State regulatory agency.
(4) Any organization that—
(A) employs any applicable individual, in a
permanent or temporary capacity;
(B) has under contract or retains any ap-
plicable individual; or
(C) has any applicable individual acting on
the organization's behalf or with the express or
apparent authority of the organization.
(c) ADDITIONAL DEFINITIONS.—In this section:
(1) The term "organization" includes the Asso-
ciation of Community Organizations for Reform
Now (in this subsection referred to as "ACORN")
and any ACORN -related affiliate.
•HR 3571 IH
11
1 (2) The term "ACORN -related affiliate" means
2 any of the following:
3 (A) Any State chapter of ACORN reg -
4 istered with the Secretary of State's office in
5 that State.
6 (B) Any organization that shares directors,
7 employees, or independent contractors with
8 ACORN.
9 (C) Any organization that has a financial
10 stake in ACORN.
11 (D) Any organization whose finances,
12 whether federally funded, donor-fLmded, or
13 raised through organizational goods and serv-
14 ices, are shared or controlled by ACORN.
15 (3) The term "applicable individual" means an
16 individual who has been indicted for a violation
17 under Federal or State law relating to an- election
18 for Federal or State office.
19 (d) REVISION OF FEDERAL ACQUISITION REGULA-
20 TION.—The Federal Acquisition Regulation shall be re -
21 vised to carry out the provisions of this Act relating to
22 contracts.
M
*HR 3571 IH
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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
OPO
I
111TH CONGRESS �
2n SESSION H. Ro 4548
To enforce the restriction on in -State tuition for aliens unlawfully present
in the United States.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 2010
Mr. TIr1I-IRT (for himself., Mr. BILBRAY, Mr. HUNTER, and Mr. ALExANDER)
introduced the follo«ring bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Education and Labor, 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 com-
mittee concerned
A BILL
To enforce the restriction on in -State tuition for aliens
unlawfully present in the United States.
1 Be it enacted by the Senate and I -louse of' Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Fairness for American
5 Students Act".
ily
2
1 SEC. 2. ENFORCING FEDERAL RESTRICTION ON IN-STATE
2 TUITION FOR ALIENS NOT LAWFULLY
3 PRESENT.
4 (a) IN GENERAL.—Section 505 of the Illegal Immi-
5 gration Reform and Immigrant Responsibility Act of 1996
6 (8 U.S.C. 1623) is amended -
7 (1) in subsection (a)-
8 (A) by striking "on the basis of residence
9 within a State (or a political subdivision)"; and
10 (B) by striking "unless a citizen" and all
11 that follows through the period and inserting
12 "unless every citizen and national of the United
13 States is entitled to such benefit (in no less an
14 amount, duration, and scope) without regard to
15 the citizen or national's place of residence or
16 the geographic location of any school from
17 which the citizen or national was graduated.";
18 (2) by redesignating subsection (b) as sub -
19 section (c);
20 (3) by inserting after subsection (a) the fol -
21 lowing:
22 "(b) ENFORCEMENT BY CIVIL ACTION. -
23 "(1) IN GENERAL.—Any citizen or national of
24 the United States who is attending, or is enrolled in,
25 a postsecondary educational institution may co m-
-26 mence a civil action against any official of the insti-
.HR 4548 IH
3
1 tution, or any official of a State agency that regu-
2 lates the institution, to require compliance with sub -
3 section (a).
4 "(2) RELIEF.—An individual prevailing .in any
5 action under paragraph (1) shall be entitled to all
6 relief necessary to make the individual whole, includ-
7 ing compensation for any special damages sustained
8 as a result of the violation (such as any additional
9 tuition and fees paid by the plaintiff above the tui -
10 tion and fees charged to residents of the State or po-
11
litical
subdivision
in question), litigation costs, ex -
12
pert
witness fees,
and reasonable attorney fees.";
13 and
14 (4). by adding at the end the following:
15 "(d) A,NTNUAL REPORT.—The Attorney General shall
16 report annually to the Congress on which, if any, postsee-
17 ondary educational institutions are providing benefits in
18 contravention of subsection (a).
19 "(e) DENIAL OF FEDERAL FINANCIAL ASSIST -
20 ANCE.—No Federal agency shall provide any grant, reim-
21 bursement, or other financiat assistance to any postsec-
22 ondary educational institution determined under sub -
23 section (d) to be providing benefits in contravention of
24 subsection (a). Any funds withheld under this subsection
•HR 4548 IH
I $
M
1 shall be reallocated among qualifying educational institu-
2 tions that are in compliance with subsection (a).".
3 (b) AUTHORITY.—This section is enacted in the exer-
4 cise of the power of the Congress under section 5 of the
5 14th article of amendment to the Constitution of the
6 United States.
C
•HR 4548 IH
^ VA.UTHOEVNTICATEN
D
INFORMTIONGPO
IV
111TH C°NGR>JSS
2D SESSION H. RES. 1026
Expressing the sense of the House of Representatives that the continued
peace, prosperity, liberty, and national security of the United States
and its people depend upon the rule of law and credible and effective
immigration enforcement policies which both welcome lawful immigrants
and non -immigrants and also prevent the unlawful entry or unlawful
continuing presence of foreign persons.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 2010
Mr. CI-IAFFETZ (for' himself, Mr. HUNTER, Mr. KR,ATOVIL, Mr. NYE, Mr.
FLEMING, Mr -S. LUNIMIS, Mr. COFFNLAN of Colorado, Mr. MCCLINTOCR,
Mr. PO( --,EY, Mr. Rm. of Tennessee, Mr. HARPER, Ms. JENKINS, Mr.
BARROW, Mr. BRIGHT, Mr. LUETKEMEYER, Mr. OLSON, Mr. TAYLOR,
Mr. PATRICK J. MURPHY of Pennsylvania, Mr. MCINTTYRE, Mr. KAGEN,
Mr. SHULER, and Mr. CHILDERS) submitted the following resolution;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Education and Labor and Homeland Security, 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 com-
mittee concerned
RESOLUTION
Expressing the sense of the House of Representatives that
the continued peace, prosperity, liberty, and national se-
curity of the United States and its people depend upon
the rule of law and credible and effective immigration
enforcement policies which both welcome lawful immi-
grants and non -immigrants and also prevent the unlawful
entry or unlawful continuing presence of foreign persons.
2
Whereas the United States, as a nation of immigrants, recog-
nizes and celebrates the economic and cultural contribu-
tions of generations of lawful immigrants;
Whereas the United States must remain a place where lawful
immigrants can come to enjoy the promises of religious,
political, and economic freedom; and
Whereas the continued peace, prosperity, liberty, and national
security of the United States and its people depend upon
the rule of law and credible and effective immigration en-
forcement policies which both welcome lawful immigrants
and non -immigrants and also prevent the unlawful entry
or unlawful continuing presence of foreign persons: Now,
therefore, be it
1 Resolved, That it is the sense of the House of. Rep -
2 resentatives that— .
3 (1.) the use of a basic pilot program described
4 in section 403(a) of the Illegal Immigration Reform
5 and Immigrant Responsibility Act of 1996 (8 U.S.C.
6 1324a note; commonly known as the E -verify pro -
7 gram) by employers of workers within the United
8 States should be mandatory, and that enforcement
9 policies should hold both employers and employees
10 responsible whenever an individual's employment vio-
11 fates United States immigration law;
12 (2) installing and sustaining the necessary bor-
13 der infrastructure and manpower to effectively se -
14 cure and control United States borders to prevent
15 the unauthorized passage of persons or contraband
9HRES 1026 IH
� 19
3
1 is a critical responsibility of the Federal Govern -
2 ment; and
3 (3) any immigration reform proposal adopted
4 by Congress should not legalize, grant amnesty for,
5 or confer any -other -legal .status -condoning the other -
6 wise unlawful entry or presence in the United States
7 of any individual.
M
.HRES 1026 IH
CITY MEASURES TO CURTAIL ILLEGAL IMMIGRATION
❑ In accordance with federal law, the City requires all potential employees fill out
and submit a federal I-9 Employment Eligibility Verification form to the
Department of Homeland Security within three days following their date of hire.
If it is determined that the employee's employment eligibility cannot be verified,
the employee's status with the City of Santa Clarita will be terminated.
❑ All standard City contracts include a "resident workers provision" that requires
anybody doing business with the City to employ only those who are able to
legally work within the United States. Further, all purchasing solicitation
templates provide language that requires all parties selling either services or
materials to the City employ only those who are legally able to work within the
United States.
0 The Los Angeles Sheriff s Department (LASD) has conducted numerous
operations, in concert with the US Immigration and Customs Enforcement Unit
(ICE), to arrest persons with a criminal background that are suspected to be
illegally residing within the City.. Upon conviction or after due process, ICE
conducts a screening process to determine legal status. If a person is determined
to be residing within the United States illegally, the process for deportation begins
shortly thereafter.
❑ The LASD has carried out several Operation Community Shield efforts, including
gang sweeps in Newhall and other parts of the City, that have resulted in the
arrests of known criminals who also happen to be illegal immigrants.
❑ The LASD also investigated and arrested more than 50 illegal immigrants
working for a business in the Valencia Industrial Center who were using stolen
Social Security numbers to gain employment.
❑ An ordinance (96-34) was passed by the City Council on February 11, 1997 to
regulate the time, place, and manner of the solicitation of employment and/or
business opportunities within the public right -of way. In 2000, a federal court
ruled that a similar ordinance passed by Los Angeles County was not
constitutionally enforceable. As a result, the City ceased enforcement of this
ordinance.