H.R. 6789 — LEAVE Act

[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6789 Introduced in House (IH)]

110th CONGRESS
2d Session
H. R. 6789

To remove the incentives and loopholes that encourage illegal aliens to
come to the United States to live and work, provide additional
resources to local law enforcement and Federal border and immigration
officers, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

August 1, 2008

Mr. Gary G. Miller of California (for himself, Mr. Rohrabacher, Mr.
Gallegly, Mr. David Davis of Tennessee, Mr. Campbell of California, Mr.
Dreier, Mr. Boozman, and Mr. Deal of Georgia) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Oversight and Government Reform,
Education and Labor, House Administration, Financial Services, Homeland
Security, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Loophole Elimination and
Verification Enforcement Act'' or the ``LEAVE Act''.

SEC. 2. PURPOSE.

The purpose of this Act is to prohibit all activities that assist,
encourage, direct, or induce an alien to reside in or remain in the
United States or to attempt to reside in the United States, knowing or
in reckless disregard of the fact that the alien is not authorized to
be present in the United States.

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Purpose.
Sec. 3. Table of contents.
TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES

Sec. 101. Alien smuggling and related offenses.
TITLE II--IDENTITY SECURITY

Subtitle A--Photo Identification

Sec. 201. Forms of acceptable identification for Federal Government
purposes.
Sec. 202. Forms of acceptable identification for financial
institutions.
Subtitle B--No Driver's Licenses for Illegals

Sec. 211. Prohibition on issuing driver's licenses to illegal aliens.
Subtitle C--Stopping Social Security Number Abuse

Sec. 221. Effect of final regulation on ``no-match'' letters.
Subtitle D--Birth/Death Registry

Sec. 231. Establishment of electronic birth and death registration
systems.
Subtitle E--Reform of Passport Fraud Offenses

Sec. 241. Trafficking in passports.
Sec. 242. False statement in an application for a passport.
Sec. 243. Forgery and unlawful production of a passport.
Sec. 244. Misuse of a passport.
Sec. 245. Schemes to defraud aliens.
Sec. 246. Immigration and visa fraud.
Sec. 247. Alternative imprisonment maximum for certain offenses.
Sec. 248. Attempts, conspiracies, jurisdiction, and definitions.
Sec. 249. Clerical amendment.
TITLE III--BIRTHRIGHT CITIZENSHIP

Sec. 301. Citizenship at birth for certain persons born in the United
States.
TITLE IV--HOUSING AND HOMEOWNERSHIP

Sec. 401. Mortgages prohibited for principal residences of individuals
who lack valid personal identification.
Sec. 402. Prohibition on public housing and section 8 rental assistance
for illegal aliens.
Sec. 403. Prohibition on renting of dwelling units to illegal aliens.
Sec. 404. Prohibition on Federal and government-sponsored enterprise
support for mortgages for illegal aliens.
TITLE V--TAXES AND SOCIAL SECURITY

Sec. 501. No totalization agreements that will benefit illegals.
Sec. 502. No Social Security credit for work performed while unlawfully
present.
Sec. 503. Limited eligibility for credits.
Sec. 504. Reducing individual taxpayer identification number abuse.
TITLE VI--EMPLOYEE VERIFICATION

Subtitle A--General Provisions

Sec. 601. Mandatory employment authorization verification.
Sec. 602. Mandatory notification of SSN mismatches and multiple uses
and determinations of ineligibility for
employment.
Sec. 603. Penalty for failure to file correct information returns.
Sec. 604. Authorization of appropriations.
Subtitle B--Self-Employed Subcontractors Loophole

Sec. 611. Requiring self-employed subcontractors to participate in
employment eligibility verification pilot
program.
Subtitle C--No Illegals Working in the Capitol

Sec. 621. Requiring legislative branch contractors to participate in
employment eligibility verification pilot
program.
Sec. 622. Capitol complex defined.
Sec. 623. Effective date; transition for current contracts.
Subtitle D--Coordination Between SSA and IRS

Sec. 631. Availabilty of information.
TITLE VII--PROHIBITING ILLEGALS FROM OBTAINING FINANCIAL SERVICES

Sec. 701. Foreign-issued forms of identification prohibited as proof of
identity to open accounts at financial
institutions.
Sec. 702. ``Know your customer'' regulations applied to certain
transmitting businesses.
Sec. 703. Requirements relating to the United States Postal Service.
Sec. 704. Applicability of identification rules to certain transactions
involving the Federal Reserve Board,
including the Directo a Mexico program.
TITLE VIII--BORDER AND LAW ENFORCEMENT

Sec. 801. Construction of border fencing and security improvements.
Sec. 802. Increase in full-time Border Patrol agents.
Sec. 803. Increase in number of ICE agents.
TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY

Subtitle A--General Provisions--State and Local Government Authority

Sec. 901. State defined; severability.
Sec. 902. Federal affirmation of assistance in the immigration law
enforcement by States and political
subdivisions of States.
Sec. 903. State authorization for assistance in the enforcement of
immigration laws encouraged.
Sec. 904. Listing of immigration violators in the National Crime
Information Center database.
Sec. 905. State and local law enforcement provision of information
about apprehended aliens.
Sec. 906. Financial assistance to State and local police agencies that
assist in the enforcement of immigration
laws.
Sec. 907. Increased Federal detention space.
Sec. 908. Federal custody of aliens unlawfully present in the United
States apprehended by State or local law
enforcement.
Sec. 909. Training of State and local law enforcement personnel
relating to the enforcement of immigration
laws.
Sec. 910. Immunity.
Sec. 911. Institutional removal program (IRP).
Subtitle B--Eliminating Sanctuary Cities

Sec. 921. Eliminating sanctuary cities.
Subtitle C--Criminal Aliens--Eliminating Sanctuary Cities

Sec. 931. State criminal alien assistance program (SCAAP).
Sec. 932. Authorization of appropriations.
Sec. 933. Assistance for States incarcerating undocumented aliens
charged with certain crimes.
Sec. 934. Preemption.
TITLE X--NO IN-STATE TUITION FOR ILLEGALS

Sec. 1001. Ensuring enforceability.

TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES

SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES.

Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324)
is amended to read as follows:

``alien smuggling and related offenses

``Sec. 274. (a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Whoever--
``(A) assists, encourages, directs, or induces a
person to come to or enter the United States, or to
attempt to come to or enter the United States, knowing
or in reckless disregard of the fact that such person
is an alien who lacks lawful authority to come to or
enter the United States;
``(B) assists, encourages, directs, or induces a
person to come to or enter the United States at a place
other than a designated port of entry or place other
than as designated by the Secretary of Homeland
Security, regardless of whether such person has
official permission or lawful authority to be in the
United States, knowing or in reckless disregard of the
fact that such person is an alien;
``(C) assists, encourages, directs, or induces a
person to reside in or remain in the United States, or
to attempt to reside in or remain in the United States,
knowing or in reckless disregard of the fact that such
person is an alien who lacks lawful authority to reside
in or remain in the United States;
``(D) transports or moves a person in the United
States, knowing or in reckless disregard of the fact
that such person is an alien who lacks lawful authority
to enter or be in the United States, where the
transportation or movement will aid or further in any
manner the person's illegal entry into or illegal
presence in the United States;
``(E) harbors, conceals, or shields from detection
a person in the United States knowing or in reckless
disregard of the fact that such person is an alien who
lacks lawful authority to be in the United States;
``(F) transports, moves, harbors, conceals, or
shields from detection a person outside of the United
States knowing or in reckless disregard of the fact
that such person is an alien in unlawful transit from
one country to another or on the high seas, under
circumstances in which the person is in fact seeking 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), regardless of
any official action which may later be taken with respect to
such alien.
``(2) Criminal penalties.--A person who violates 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 committed for
commercial advantage, profit, or private financial
gain--
``(i) in the case of a first violation of
this subparagraph, be imprisoned for not more
than 20 years, or fined under title 18, United
States Code, or both; and
``(ii) for any subsequent violation, be
imprisoned for not less than 3 years nor more
than 20 years, or fined under title 18, United
States Code, or both;
``(C) in the case where the offense was committed
for commercial advantage, profit, or private financial
gain and involved 2 or more aliens other than the
offender, be imprisoned for not less than 3 nor more
than 20 years, or fined under title 18, United States
Code, or both;
``(D) in the case where the offense furthers or
aids the commission of any other offense against the
United States or any State, which offense is punishable
by imprisonment for more than 1 year, be imprisoned for
not less than 5 nor more than 20 years, or fined under
title 18, United States Code, or both;
``(E) in the case where any participant in the
offense created a substantial risk of death or serious
bodily injury to another person, including--
``(i) transporting a person in an engine
compartment, storage compartment, or other
confined space;
``(ii) transporting a person at an
excessive speed or in excess of the rated
capacity of the means of transportation; or
``(iii) transporting or harboring a person
in a crowded, 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 1365 of title 18,
United States Code, including any conduct that would
violate sections 2241 or 2242 of title 18, United
States Code, if the conduct occurred in the special
maritime and territorial 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
``(ii) intending to engage in such
terrorist activity,
be imprisoned for not less than 10 nor more than 30
years, or fined under title 18, United States Code, or
both; and
``(H) in the case where the offense caused or
resulted in the death of any person, be punished by
death or imprisoned for not less than 10 years, or any
term of years, or for life, or fined under title 18,
United States Code, or both.
``(3) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Seizure and Forfeiture.--
``(1) In general.--Any property, real or personal, that has
been used to commit or facilitate the commission of a violation
of this section, the gross proceeds of such violation, and any
property traceable to such property or proceeds, shall be
subject to forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, including section 981(d) of such title, except
that such duties as are imposed upon the Secretary of the
Treasury under the customs laws described in that section shall
be performed by such officers, agents, and other persons as may
be designated for that purpose by the Secretary of Homeland
Security.
``(c) Authority To Arrest.--No officer or person shall have
authority to make any arrests for a violation of any provision of this
section except officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a class, and
all other officers whose duty it is to enforce criminal laws.
``(d) Admissibility of Evidence.--
``(1) Prima facie evidence in determinations of
violations.--Notwithstanding any provision of the Federal Rules
of Evidence, in determining whether a violation of subsection
(a) has occurred, any of the following shall be prima facie
evidence that an alien involved in the violation lacks lawful
authority to come to, enter, reside, remain, or be in the
United States or that such alien had come to, entered, resided,
remained or been present in the United States in violation of
law:
``(A) Any order, finding, or determination
concerning the alien's status or lack thereof made by a
federal judge or administrative adjudicator (including
an immigration judge or an immigration officer) during
any judicial or administrative proceeding authorized
under the immigration laws or regulations prescribed
thereunder.
``(B) An official record of the Department of
Homeland Security, Department of Justice, or the
Department of State concerning the alien's status or
lack thereof.
``(C) Testimony by an immigration officer having
personal knowledge of the facts concerning the alien's
status or lack thereof.
``(2) Videotaped testimony.--Notwithstanding any provision
of the Federal Rules of Evidence, the videotaped (or otherwise
audiovisually preserved) deposition of a witness to a violation
of subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unavailable to testify,
may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination at
the deposition and the deposition otherwise complies with the
Federal Rules of Evidence.
``(e) Definitions.--For purposes of this section:
``(1) The term `lawful authority' means permission,
authorization, or license that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed thereunder. Such term does not include any such
authority secured by fraud or otherwise obtained in violation
of law, nor does it include authority that has been sought but
not approved. No alien shall be deemed to have lawful authority
to come to, enter, reside, remain, or be in the United States
if such coming to, entry, residence, remaining, or presence
was, is, or would be in violation of law.
``(2) The term `unlawful transit' means travel, movement,
or temporary presence that violates the laws of any country in
which the alien is present, or any country from which or to
which the alien is traveling or moving.''.

TITLE II--IDENTITY SECURITY

Subtitle A--Photo Identification

SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR FEDERAL GOVERNMENT
PURPOSES.

(a) Forms of Acceptable Identification.--A Federal agency may not
accept, for any official purpose, including for Federal benefits and
for individual taxpayer identification numbers, any form of
identification of an individual other than the following:
(1) Social security card with photo identification card or
real id act identification.--
(A) A Social Security card accompanied by a photo
identification card issued by the Federal Government or
a State Government; or
(B) a driver's license or identification card
issued by a State in the case of a State that is in
compliance with title II of the REAL ID Act of 2005
(title II of division B of Public Law 109-13; 49 U.S.C.
30301 note).
(2) Passport.--A passport issued by the United States or a
foreign government.
(3) USCIS photo identification card.--A photo
identification card issued by the Secretary of Homeland
Security (acting through the Director of the United States
Citizenship and Immigration Services).
(b) Effective Date.--The requirements of subsection (a) shall take
effect six months after the date of the enactment of this Act.

SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FINANCIAL
INSTITUTIONS.

(a) In General.--Section 5318(l) of title 31, United States Code
(relating to identification and verification of accountholders) is
amended by striking paragraph (6) and inserting the following new
paragraph:
``(6) Forms of acceptable identification.--A financial
institution may not accept, for the purpose of verifying the
identity of an individual seeking to open an account in
accordance with this subsection, any form of identification of
the individual other than the following:
``(A) Social security card with photo
identification card or real id act identification.--
``(i) A Social Security card accompanied by
a photo identification card issued by the
Federal Government or a State Government; or
``(ii) a driver's license or identification
card issued by a State in the case of a State
that is in compliance with title II of the REAL
ID Act of 2005 (title II of division B of
Public Law 109-13; 49 U.S.C. 30301 note).
``(B) Passport.--A passport issued by the United
States or a foreign government.
``(C) USCIS photo identification card.--A photo
identification card issued by the Secretary of Homeland
Security (acting through the Director of the U.S.
Citizenship and Immigration Services).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect six months after the date of the enactment of this Act.

Subtitle B--No Driver's Licenses for Illegals

SEC. 211. PROHIBITION ON ISSUING DRIVER'S LICENSES TO ILLEGAL ALIENS.

Section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is
amended--
(1) in subsection (d), by striking paragraph (11) and
redesignating paragraphs (12) and (13) as paragraphs (11) and
(12), respectively; and
(2) by adding at the end the following:
``(e) Prohibition.--A State is prohibited from issuing any driver's
license or identification card to any individual unless the State
satisfies the requirements of subsection (c)(2)(B).''.

Subtitle C--Stopping Social Security Number Abuse

SEC. 221. EFFECT OF FINAL REGULATION ON ``NO-MATCH'' LETTERS.

The Congress approves the final rule promulgated by the Department
of Homeland Security entitled ``Safe-Harbor Procedures for Employers
Who Receive a No-Match Letter'' (August 15, 2007; 72 Fed. Reg. 45611),
and such rule shall have the force and effect of enacted law until
changed by such law.

Subtitle D--Birth/Death Registry

SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION
SYSTEMS.

(a) In consultation with the Secretary of Health and Human Services
and the Commissioner of Social Security, the Secretary shall take the
following actions:
(1) Work with the States to establish a common data set and
common data exchange protocol for electronic birth registration
systems and death registration systems.
(2) Coordinate requirements for such systems to align with
a national model.
(3) Ensure that fraud prevention is built into the design
of electronic vital registration systems in the collection of
vital event data, the issuance of 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 with the Department of Defense
that will result in the sharing of data, with 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 date of the enactment
of this Act, establish a process with the Department of State
to improve registration, notification, 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 date of establishment
of databases provided for under this section, require States to
record and retain electronic records of pertinent
identification information collected from requestors who are
not the registrants.
(9) Not later than 6 months after the date of the enactment
of this Act, submit to Congress a report on whether there is a
need for Federal laws to address penalties for fraud and misuse
of vital records and whether violations are sufficiently
enforced.

Subtitle E--Reform of Passport Fraud Offenses

SEC. 241. TRAFFICKING IN PASSPORTS.

Section 1541 of title 18, United States Code, is amended to read as
follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport,
knowing the applications to contain any false statement or
representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official
material (or counterfeit of any official material) used to make a
passport, including any distinctive paper, seal, hologram, image, text,
symbol, stamp, engraving, or plate, shall be fined under this title,
imprisoned not more than 20 years, or both.''.

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

Section 1542 of title 18, United States Code, is amended to read as
follows:
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Whoever knowingly makes any false statement or
representation in an application for a United States passport, or
mails, prepares, presents, or signs an application for a United States
passport knowing the application to contain any false statement or
representation, shall be fined under this title, imprisoned not more
than 15 years, or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or
representation was made or the application for a United
States passport was prepared or signed; or
``(B) in which or to which the application was
mailed or presented.
``(2) Acts occurring outside the united states.--An offense
under subsection (a) involving an application for a United
States passport prepared and adjudicated outside the United
States may be prosecuted in the district in which the resultant
passport was or would have been produced.
``(c) Savings Clause.--Nothing in this section may be construed to
limit the venue otherwise available under sections 3237 and 3238 of
this title.''.

SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

Section 1543 of title 18, United States Code, is amended to read as
follows:
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who knowingly--
``(1) forges, counterfeits, alters, or falsely makes any
passport; or
``(2) transfers any passport knowing it to be forged,
counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person knowing or in reckless
disregard of the fact that such person is not entitled to
receive a passport; or
``(3) transfers or furnishes a passport to any person for
use by any person other than the person for whom the passport
was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.

SEC. 244. MISUSE OF A PASSPORT.

Section 1544 of title 18, United States Code, is amended to read as
follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) uses any passport issued or designed for the use of
another;
``(2) uses any passport in violation of the conditions or
restrictions therein contained, or in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.

SEC. 245. SCHEMES TO DEFRAUD ALIENS.

Section 1545 of title 18, United States Code, is amended to read as
follows:
``Sec. 1545. Schemes to defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under Federal immigration laws or any matter the offender claims or
represents is authorized by or arises under Federal immigration laws,
to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, promises,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation to such
section)) in any matter arising under Federal immigration laws shall be
fined under this title, imprisoned not more than 15 years, or both.''.

SEC. 246. IMMIGRATION AND VISA FRAUD.

Section 1546 of title 18, United States Code, is amended to read as
follows:
``Sec. 1546. Immigration and visa fraud
``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes, without lawful authority, an
immigration document to another person for use by a person
other than the person for whom the passport was issued or
designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Trafficking.--Any person who, during any period of 3 years or
less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or uses any
official material (or counterfeit of any official material) used to
make immigration documents, including any distinctive paper, seal,
hologram, image, text, symbol, stamp, engraving, or plate, shall be
fined under this title, imprisoned not more than 20 years, or both.
``(d) Employment Documents.--Whoever uses--
``(1) an identification document, knowing (or having reason
to know) that the document was not issued lawfully for the use
of the possessor;
``(2) an identification document knowing (or having reason
to know) that the document is false; or
``(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined
under this title, imprisoned not more than 5 years, or both.''.

SEC. 247. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN OFFENSES.

Section 1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.

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

Chapter 75 of title 18, United States Code, is amended by adding
after section 1547 the following new sections:
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of that section.
``Sec. 1549. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States passport or
immigration document (or any document purporting to be such a
document) or any matter, right, or benefit arising under or
authorized by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States or an
alien lawfully admitted for permanent residence (as those terms
are defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1550. Authorized law enforcement activities
``Nothing in this chapter shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United States,
or any activity authorized under title V of the Organized Crime Control
Act of 1970 (Public Law 91-452; 84 Stat. 933).
``Sec. 1551. Definitions
``As used in this chapter:
``(1) The term `application for a United States passport'
includes any document, photograph, or other piece of evidence
submitted in support of an application for a United States
passport.
``(2) The term `false statement or representation' includes
a personation or an omission.
``(3) The term `immigration document'--
``(A) means any application, petition, affidavit,
declaration, attestation, form, visa, identification
card, alien registration document, employment
authorization document, border crossing card,
certificate, permit, order, license, stamp,
authorization, grant of authority, or other official
document, arising under or authorized by the
immigration laws of the United States; and
``(B) includes any document, photograph, or other
piece of evidence attached to or submitted in support
of an immigration document described in subparagraph
(A).
``(4) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17));
``(B) 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 `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise 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 make, prepare, assemble,
issue, print, authenticate, or alter.
``(8) The term `to present' means to offer or submit for
official processing, examination, or adjudication. Any such
presentation continues until the official processing,
examination, or adjudication is complete.
``(9) The `use' of a passport or an immigration document
referred to in section 1541(a), 1543(b), 1544, 1546(a), and
1546(b) of this chapter includes--
``(A) any officially authorized use;
``(B) use to travel;
``(C) use to demonstrate identity, residence,
nationality, citizenship, or immigration status;
``(D) use to seek or maintain employment; or
``(E) use in any matter within the jurisdiction of
the Federal government or of a State government.''.

SEC. 249. CLERICAL AMENDMENT.

The table of sections for chapter 75 of title 18, United States
Code, is amended to read as follows:

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Attempts and conspiracies.
``1549. Additional jurisdiction.
``1550. Authorized law enforcement activities.
``1551. Definitions.''.

TITLE III--BIRTHRIGHT CITIZENSHIP

SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED
STATES.

(a) In General.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is amended--
(1) by inserting ``(a) In General.--'' before ``The
following'';
(2) by redesignating paragraphs (a) through (h) as
paragraphs (1) through (8); and
(3) by adding at the end the following:
``(b) Definition.--Acknowledging the right of birthright
citizenship established by section 1 of the 14th amendment to the
Constitution, a person born in the United States shall be considered
`subject to the jurisdiction' of the United States for purposes of
subsection (a)(1) if the person is born in the United States of
parents, one of whom is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted for permanent residence in
the United States whose residence is in the United States; or
``(3) an alien performing active service in the armed
forces (as defined in section 101 of title 10, United States
Code).''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
not be construed to affect the citizenship or nationality status of any
person born before the date of the enactment of this Act.

TITLE IV--HOUSING AND HOMEOWNERSHIP

SEC. 401. MORTGAGES PROHIBITED FOR PRINCIPAL RESIDENCES OF INDIVIDUALS
WHO LACK VALID PERSONAL IDENTIFICATION.

(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by adding at the end the following new
section:
``Sec. 140. Mortgages prohibited for principal residences of
individuals who lack valid personal identification
``Notwithstanding any provision of State law, no credit may be
extended by any creditor to any consumer in any consumer credit
transaction in which a security interest, including any such interest
arising by operation of law, is or will be retained or acquired in any
property located within the United States which is or, upon the
completion of the transaction, will be used as the principal residence
of such consumer unless the creditor has verified that the consumer is
a citizen or national of the United States or is lawfully present in
the United States, by requiring the consumer to provide to the creditor
valid personal identification in one of the forms specified in the
amendment made by section 202(a) of the Loophole Elimination and
Verification Enforcement Act.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 139 the following new item:

``140. Mortgages prohibited for principal residences of individuals who
lack valid personal identification.''.

SEC. 402. PROHIBITION ON PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE
FOR ILLEGAL ALIENS.

Occupancy in public housing assisted under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) may not be provided to any
individual or household, and rental assistance under section 8 of such
Act (42 U.S.C. 1437f) may not be provided to or on behalf of any
individual or household, unless the public housing agency or owner of
housing assisted under section 8, as applicable, verifies that the
individual, or in the case of a household, all adult members of the
household, are citizens or nationals of the United States or are
lawfully present in the United States, by requiring such individual, or
in the case of a household, all adult members of the household, to
provide to the public housing agency or owner of housing assisted under
such section 8, as applicable, valid personal identification in one of
the forms specified in section 201(a) of this Act.

SEC. 403. PROHIBITION ON RENTING OF DWELLING UNITS TO ILLEGAL ALIENS.

It is the sense of the Congress that renting a dwelling unit to an
individual who is unlawfully present in the United States, or to any
household that includes such an individual, should be considered an act
of harboring an illegal alien or assisting an illegal alien to reside
in the United States and therefore illegal.

SEC. 404. PROHIBITION ON FEDERAL AND GOVERNMENT-SPONSORED ENTERPRISE
SUPPORT FOR MORTGAGES FOR ILLEGAL ALIENS.

(a) Federal Agencies.--No Federal agency, department, office, or
other instrumentality may make, insure, or guarantee any mortgage or
loan for the purchase of, or secured by, a residential property unless
the mortgagee under such mortgage, or the lender under such loan, as
the case may be, has verified that the mortgagor under the mortgage or
borrower under the loan, as the case may be, is a citizen or national
of the United States or is lawfully present in the United States, by
requiring such mortgagor or borrower to provide to such lender under
such mortgage or loan valid personal identification in one of the forms
specified in section 201(a) of this Act.
(b) Fannie Mae and Freddie Mac.--The Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation may not
purchase, securitize, service, sell, lend on the security of, or
otherwise deal in any mortgage or loan unless the mortgagee under such
mortgage has verified that the mortgagor under the mortgage is a
citizen or national of the United States or is lawfully present in the
United States, by requiring such mortgagor to provide to such mortgagee
under such mortgage valid personal identification in one of the forms
specified in section 201(a) of this Act.

TITLE V--TAXES AND SOCIAL SECURITY

SEC. 501. NO TOTALIZATION AGREEMENTS THAT WILL BENEFIT ILLEGALS.

It is the sense of the House of Representatives that the
totalization agreement establishing totalization arrangements between
the Social Security system established by title II of such Act and the
Social Security system of Mexico, signed by the Commissioner of Social
Security and the Director General, Mexican Social Security Institute,
on June 29, 2004, is inappropriate public policy and should not take
effect.

SEC. 502. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY
PRESENT.

(a) Determinations of Insured Status.--Section 214(c)(1) of the
Social Security Act (42 U.S.C. 414(c)(1)) is amended by striking ``at
the time of assignment,'' and all that follows through ``any later
time,'' and inserting ``at the time any such quarters of coverage are
earned,''.
(b) Entitlement to Disability Insurance Benefits.--Section
223(a)(1)(C)(i) of such Act (42 U.S.C. 423(a)(1)(C)(i)) is amended by
striking ``at the time of assignment,'' and all that follows through
``any later time,'' and inserting ``at the time any such quarters of
coverage are earned,''.

SEC. 503. LIMITED ELIGIBILITY FOR CREDITS.

Notwithstanding any other provision of law, an individual who makes
a return with respect to Federal income tax and includes on such return
an individual taxpayer identification number in lieu of a Social
Security account number shall not be eligible for any refund of or
credit against Federal income tax, including the earned income tax
credit under section 32 of the Internal Revenue Code of 1986.

SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

(a) Modified ITIN Format and Lawful Presence Requirement.--
(1) In general.--Section 6109(c) of the Internal Revenue
Code of 1986 (26 U.S.C. 6109(c)) is amended to read as follows:
``(c) Requirement of Information.--
``(1) In general.--For purposes of this section, the
Secretary is authorized to require such information of any
person as may be necessary to assign an identifying number.
``(2) Separate from social security account numbers.--Any
identifying number assigned by the Secretary shall be comprised
of a sequence of numerals and dashes that is visually
distinguishable from and will not be mistaken for a Social
Security account number.
``(3) Verification of status for aliens.--Prior to issuing
any identifying number to an individual who is physically
present in the United States, the Secretary shall verify with
the Department of Homeland Security that the applicant for such
number is lawfully present in the United States.''.
(2) Effective date.--Section 6109(c)(2) of the Internal
Revenue Code of 1986, as added by paragraph (1), shall take
effect no later than 30 days after the date of enactment of
this Act.
(b) Information Sharing.--
(1) In general.--Section 6103(i)(3) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Possible violations of federal immigration
law.--The Secretary shall disclose in electronic format
to the Secretary of Homeland Security the taxpayer
identity (as defined in subsection (b)(6)) of each
taxpayer who has been assigned an individual taxpayer
identification number. The Secretary of Homeland
Security may disclose such information to officers 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.

TITLE VI--EMPLOYEE VERIFICATION

Subtitle A--General Provisions

SEC. 601. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

(a) Making Basic Pilot Program Permanent.--Section 401(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is amended by adding before the period at the end of
the last sentence the following ``, except that the basic pilot program
described in section 403(a) shall be a permanent program''.
(b) Mandatory Use of E-Verify System.--
(1) In general.--Subject to paragraphs (2) and (3), every
person or other entity that hires one or more individuals for
employment in the United States shall verify through the E-
Verify program, established as the basic pilot program by
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8
U.S.C. 1324a note), that each such individual is authorized to
work in the United States. The Secretary of Homeland Security
shall ensure that verification by means of a toll-free
telephone line is an available option in complying with the
preceding sentence.
(2) Select entities required to use e-verify program
immediately.--The following entities must satisfy the
requirement in paragraph (1) by not later than one year after
the date of the enactment of this Act:
(A) Federal agencies.--Each department and agency
of the Federal Government.
(B) Federal contractors.--A contractor 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 exempted
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 individuals 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 enactment of this Act.
(C) 4 years for all 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 program by not later than four years after the date of
the enactment of this Act that each employee is authorized to
work in the United States.
(5) Defense.--An employer who has complied with the
requirements in paragraphs (1) and (4) shall not be liable for
hiring an unauthorized alien, if--
(A) such hiring occurred due to an error in the E-
Verify program that was unknown to the employer at the
time of such hiring; and
(B) the employer terminates the employment of the
alien upon being informed of the error.
(6) Sanctions for noncompliance.--The failure of an
employer to comply with the requirements in paragraphs (1) or
(4) shall--
(A) be treated as a violation of section
274A(a)(1)(B) with respect to each offense; and
(B) create a rebuttable presumption that the
employer has violated section 274A(a)(1)(A).
(7) Voluntary participation of employers not immediately
subject to requirement.--Nothing in this subsection shall be
construed as preventing a person or other entity that is not
immediately subject to the requirement of paragraph (1)
pursuant to paragraph (2) or (3) from voluntarily using the E-
Verify program to verify the employment authorization of new
hires or current employees.
(8) State interference.--No State may prohibit a person or
other entity from using the E-verify program to verify the
employment authorization of new hires or current employees.

SEC. 602. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES
AND DETERMINATIONS OF INELIGIBILITY FOR EMPLOYMENT.

(a) Notification of Multiple Uses of Individual Social Security
Account Numbers.--
(1) Periodic review of records regarding individuals for
material employment-based information.--The Commissioner of
Social Security shall review, on at least an annual basis, the
records of the Commissioner to determine whether there is
included in such records any material employment-based
information in connection with any individual with respect to
whom such records are maintained.
(2) Notification of individuals regarding material
employment-based information.--
(A) In general.--In any case in which the
Commissioner determines, on the basis of any review
pursuant to paragraph (1), that there is any material
employment-based information included in such records
relating to any individual, the Commissioner shall
notify such individual of the existence of such
information and that such information may be evidence
of the occurrence of identity theft.
(B) Requirements.--The notification shall be sent
by letter to the individual's address maintained in the
Commissioner's records and shall include--
(i) the name and location of each person
listed in such records as such individual's
employer involved,
(ii) a statement that, if the listing
regarding each such employer so identified in
the notification is in fact an accurate
representation of persons who have been
employers of such individual, there is no
problem and no response to the notification is
required, and
(iii) a statement that, if the listing is
in any respect not in fact an accurate
representation of persons who have been
employers of such individual, such individual
is requested to notify the Department of
Homeland Security or the Social Security
Administration of the inaccuracy by telephone
or by Internet communication at a telephone
number or website which shall be specified in
the notification.
(b) Material Employment-Based Information.--For purposes of this
section, the term ``material employment-based information'' means, in
relation to any individual, evidence determined, on the basis of any
review conducted pursuant to subsection (a)(1), that--
(1) such individual has had concurrent earnings from more
than one employer over an extended period,
(2) such individual has received benefits under title II of
the Social Security Act while engaged in employment, or
(3) such individual has been engaged in employment while
under the age of 16.
(c) Identification and Treatment of Unauthorized Aliens.--
(1) Identification of suspect employers and employees and
issuance of tentative determination of unauthorized alien
status.--In any case in which the Social Security
Administration receives a notification from an individual
pursuant to subsection (a)(2)(B)(iii), the Commissioner of
Social Security shall identify each employer involved and the
employee of such employer actually employed in lieu of such
individual, share with the Secretary of Homeland Security the
identity of each such employer and such employee, and issue a
tentative determination that such employee is an unauthorized
alien (as defined in section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h))) with respect to the
employment. Upon the issuance of such tentative determination,
the Commissioner shall notify each such employer and such
employee that a potential identity fraud has occurred in
connection with the employment of such employee by such
employer, and that such employee has been tentatively
determined to be such an unauthorized alien.
(2) Issuance of conclusive determination.--If, during the
period of 30 business days following 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 unauthorized alien
(as defined in section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h))) with respect to the
employment, the Commissioner shall issue to such employer and
such employee a conclusive determination that such employee is
such an unauthorized alien.
(3) Mandatory termination of employment.--The failure of
such employer to immediately terminate such employment of such
employee upon receipt of such conclusive determination shall be
treated as a violation of section 274a(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1324a(a)(2)).
(d) Notification of Mismatched Name and Social Security Number.--
The Commissioner of Social Security shall notify on an annual basis
each United States employer with one or more employees whose Social
Security account number does not match the employees name or date of
birth in the records of the Commissioner. Such notification shall
instruct employers to notify listed employees that they have 30
business days to correct the mismatch with the Social Security
Administration or the employer will be required to terminate their
employment. The notification also shall inform employers that they may
not terminate listed employees prior to the close of the 30-day period.
(e) Information Sharing With the Department of Homeland Security.--
(1) Not later than 180 days following the date of enactment
of this Act, the Commissioner of Social Security shall
promulgate regulations in accordance with section 1106 of the
Social Security Act (42 U.S.C. 1306) to require that
information regarding all unresolved mismatch notifications and
regarding all multiple use notifications that lead to the
identification of an unauthorized user of a Social Security
account number be shared with the Secretary of Homeland
Security on a timely basis.
(2) Information to be shared with the Secretary shall
include, at a minimum, the name and mailing address of all
employees who are the subject of an unresolved mismatch
notification or who are unauthorized users of another
individual's Social Security account number.

SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

Section 6721 of the Internal Revenue Code of 1986 (26 U.S.C. 6721)
is amended by adding at the end the following:
``(f) The Secretary shall assess the maximum allowable penalties on
100 percent of the employers designated in any tax year by the Social
Security Administration as the most egregious noncompliant employers.
``(g) Notwithstanding any other provision in this section, in the
case of a failure described in subsection (a)(2) with respect to any
person employing an alien not authorized to be so employed, the penalty
under this section shall be determined in accordance with the following
table:

``In the case of-- Not less than-- Not more than--

The first offense.................... $2,500....................... $5,000
The second offense................... $7,500....................... $10,000
The third offense.................... $25,000...................... $40,000.''.

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
required to carry out this subtitle.

Subtitle B--Self-Employed Subcontractors Loophole

SEC. 611. REQUIRING SELF-EMPLOYED SUBCONTRACTORS TO PARTICIPATE IN
EMPLOYMENT ELIGIBILITY VERIFICATION PILOT PROGRAM.

Beginning with fiscal year 2009, none of the funds authorized to be
appropriated for the Department of Homeland Security or the Department
of Justice may be made available to those departments unless each State
and local government in the United States requires, as condition on
acquisition of a business license, that the applicant demonstrate that
the applicant has verified through the E-Verify program, established as
the basic pilot program by section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note), that the applicant, and each
individual employed by the applicant, is authorized to work in the
United States.

Subtitle C--No Illegals Working in the Capitol

SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRACTORS TO PARTICIPATE IN
EMPLOYMENT ELIGIBILITY VERIFICATION PILOT PROGRAM.

An office of the legislative branch may not enter into a contract
for the provision of goods or services within the Capitol Complex with
any contractor who employs individuals unless the contractor--
(1) elects to participate in the basic pilot program
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
and is in compliance with the terms and conditions of such
election, with respect to all of its employees as well as those
providing goods or services under the contract; and
(2) certifies that each of its subcontractors providing
goods or services under the contract has elected to participate
in such program, and is in compliance with the terms and
conditions of such election, with respect to all of its
employees as well as those providing goods or services under
the subcontract.

SEC. 622. CAPITOL COMPLEX DEFINED.

For purposes of this subtitle, the ``Capitol Complex'' consists of
the following facilities together with their grounds:
(1) The United States Capitol (including the Capitol
Visitor Center) and the Capitol Grounds.
(2) The Cannon, Longworth, Rayburn, and Ford House Office
Buildings.
(3) The Russell, Dirksen, and Hart Senate Office Buildings.
(4) The House of Representatives Child Care Center and the
Senate Employee Child Care Center.
(5) Any facility serving as a dormitory residence for
Congressional pages.
(6) The United States Botanic Garden.
(7) The Jefferson, Madison, and Adams Buildings of the
Library of Congress.
(8) The Capitol Power Plant.
(9) The United States Capitol Police Headquarters Building.

SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT CONTRACTS.

(a) In General.--This subtitle shall apply with respect to
contracts entered into after the expiration of the 30-day period which
begins on the date of the enactment of this Act.
(b) Transition for Current Contracts.--Upon the enactment of this
Act, each office of the legislative branch with a contract in effect on
the date of the enactment of this Act which is described in section 621
shall obtain assurances from the contractor involved that the
contractor will meet the requirements of such section prior to the
expiration of the period described in subsection (a).

Subtitle D--Coordination Between SSA and IRS

SEC. 631. AVAILABILTY OF INFORMATION.

The Commissioner of Social Security shall make available to the
Commissioner of Internal Revenue any information related to the
investigation and enforcement of section 162(c)(4) of the Internal
Revenue Code of 1986, including any no-match letter and any information
in the earnings suspense file.

TITLE VII--PROHIBITING ILLEGALS FROM OBTAINING FINANCIAL SERVICES

SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS PROOF OF
IDENTITY TO OPEN ACCOUNTS AT FINANCIAL INSTITUTIONS.

Section 5318(l) of title 31, United States Code (relating to
identification and verification of accountholders) is inserting after
paragraph (6) (as added by section 202) the following new paragraph:
``(7) Prohibition on use of identification issued by a
foreign government.--A financial institution may not accept any
form of identification that was issued by a foreign government,
other than a passport that meets the requirement of paragraph
(6), for use in verifying the identity of a person in
connection with the opening of an account by such person at the
financial institution, including a matricula consular issued in
the United States by a duly authorized consular officer of the
Government of Mexico.''.

SEC. 702. ``KNOW YOUR CUSTOMER'' REGULATIONS APPLIED TO CERTAIN
TRANSMITTING BUSINESSES.

Section 5318(m) of title 31, United States Code, is amended by
striking ``promulgated pursuant to the authority contained in'' and
inserting ``prescribed under paragraph (1) of subsection (l)
(notwithstanding paragraph (5) of such subsection) or''.

SEC. 703. REQUIREMENTS RELATING TO THE UNITED STATES POSTAL SERVICE.

(a) In General.--The United States Postal Service shall take such
measures as may be necessary to ensure that in the administration of
any international wire transfer service, no transfer may be made unless
the sender presents an acceptable form of identification, as determined
in accordance with section 201.
(b) Definition.--For purposes of this section, the term
``international wire transfer service'' means any program or service,
administered by the United States Postal Service, which provides for
the international electronic transfer of money.
(c) Effective Date.--The requirements of this section shall take
effect six months after the date of the enactment of this Act.

SEC. 704. APPLICABILITY OF IDENTIFICATION RULES TO CERTAIN TRANSACTIONS
INVOLVING THE FEDERAL RESERVE BOARD, INCLUDING THE
DIRECTO A MEXICO PROGRAM.

(a) In General.--The Board of Governors of the Federal Reserve
System shall take such measures as may be necessary to ensure that in
the administration of any international wire transfer service or
settlement services, including any automated clearing house transaction
such as the Directo a Mexico<SUP>TM</SUP> program, no transfer may be
made unless the financial institution involved has certified that the
sender has presented an acceptable form of identification, as
determined in accordance with section 202(a).
(b) Definition.--For purposes of this section, the term
``international wire transfer service or settlement'' means any program
or service, administered by the Board of Governors of the Federal
Reserve System directly or through any Federal reserve bank, including
the Fedwire Funds Service, which provides for the international
electronic transfer of funds.
(c) Effective Date.--The requirements of this section shall take
effect six months after the date of the enactment of this Act.

TITLE VIII--BORDER AND LAW ENFORCEMENT

SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECURITY IMPROVEMENTS.

(a) In General.--Section 102(b)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
``(1) Security features.--
``(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland Security
shall provide for at least 2 layers of reinforced
fencing, the installation of additional physical
barriers, roads, lighting, cameras, and sensors--
``(i) extending from 10 miles west of the
Tecate, California, port of entry to 10 miles
east of the Tecate, California, port of entry;
``(ii) extending from 10 miles west of the
Calexico, California, port of entry to 5 miles
east of the Douglas, Arizona, port of entry;
``(iii) extending from 5 miles west of the
Columbus, New Mexico, port of entry to 10 miles
east of El Paso, Texas;
``(iv) extending from 5 miles northwest of
the Del Rio, Texas, port of entry to 5 miles
southeast of the Eagle Pass, Texas, port of
entry; and
``(v) extending 15 miles northwest of the
Laredo, Texas, port of entry to the
Brownsville, Texas, port of entry.
``(B) Completion dates.--With respect to the border
area described in subparagraph (A), the Secretary shall
ensure that the duties required under such subparagraph
are completed by not later than July 31, 2009.
``(C) Exception.--If the topography of a specific
area has an elevation grade that exceeds 10 percent,
the Secretary may use other means to secure such area,
including the use of surveillance and barrier tools.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary to carry out the amendment made by subsection (a).
(c) Repeals.--Subsection (b) of section 564 of division E of the
Consolidated Appropriations Act, 2008 (Public Law 110-161) is repealed.
The amendment made by subsection (a)(2)(A) of such section is repealed.

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

Section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended to read as
follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase the number of positions for full-time active-duty Border
Patrol agents within the Department of Homeland Security (above the
number of positions for which funds were appropriated for the preceding
fiscal year), by--
``(1) 2,500 in fiscal year 2008;
``(2) 2,000 in fiscal year 2009;
``(3) 1,500 in fiscal year 2010;
``(4) 1,000 in fiscal year 2011; and
``(5) 1,000 in fiscal year 2012.
``(b) Allocations.--Of the Border Patrol agents hired under
subsection (a), 80 percent shall be deployed along the southern border
of the United States and 20 percent shall be deployed along the
northern border of the United States.
``(c) Authorization of Appropriations.--The necessary funds are
authorized to be appropriated for each of fiscal years 2008 through
2012 to carry out this section.''.

SEC. 803. INCREASE IN NUMBER OF ICE AGENTS.

Section 5203 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended to read as
follows:

``SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT
INVESTIGATORS.

``(a) In General.--By not later than September 30, 2012, the
Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by 3,000 the number of
positions for full-time active-duty investigators within the Department
of Homeland Security investigating violations of immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) above the number of such positions for which funds
were made available during the preceding fiscal year.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
may be necessary for each fo fiscal years 2009 through 2012.''.

TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY

Subtitle A--General Provisions

SEC. 901. STATE DEFINED; SEVERABILITY.

(a) State Defined.--For purposes of this title the term ``State''
has the meaning given such term in section 101(a)(36) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
(b) Severability.--If any provision of this title, or the
application of such provision to any person or circumstance, is held
invalid, the remainder of this title and the application of such
provision to other persons not similarly situated or to other
circumstances, shall not be affected by such invalidation.

SEC. 902. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW
ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF
STATES.

Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State, or of a political subdivision of a State, have the inherent
authority of a sovereign entity to investigate, identify, apprehend,
arrest, detain, or transfer to Federal custody aliens in the United
States (including the transportation of such aliens across State lines
to detention centers), for the purposes of assisting in the enforcement
of the immigration laws of the United States in the course of carrying
out routine duties. This State authority has never been displaced or
preempted by Congress.

SEC. 903. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF
IMMIGRATION LAWS ENCOURAGED.

(a) In General.--Effective two years after the date of the
enactment of this Act, a State, or a political subdivision of a State,
that has in effect a statute, policy, or practice that prohibits law
enforcement officers of the State, or of a political subdivision of the
State, from assisting or cooperating with Federal immigration law
enforcement in the course of carrying out the officers' routine law
enforcement duties shall not receive any of the funds that would
otherwise be allocated to the State under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)).
(b) Construction.--Nothing in this section shall require law
enforcement officials from States, or from political subdivisions of
States, to report or arrest victims or witnesses of a criminal offense.
(c) Reallocation of Funds.--Any funds that are not allocated to a
State, or to a political subdivision of a State, due to the failure of
the State, or of the political subdivision of the State, to comply with
subsection (a) shall be reallocated to States, or to political
subdivisions of States, that comply with such subsection.

SEC. 904. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.

(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the enactment of this Act and periodically thereafter
as updates may require, the Under Secretary for Border and
Transportation Security of the Department of Homeland Security shall
provide the National Crime Information Center of the Department of
Justice with such information as the Under Secretary may possess
regarding any aliens against whom a final order of removal has been
issued, any aliens who have signed a voluntary departure agreement, any
aliens who have overstayed their authorized period of stay, and any
aliens whose visas have been revoked. The National Crime Information
Center shall enter such information into the Immigration Violators File
of the National Crime Information Center database, regardless of
whether--
(1) the alien concerned received notice of a final order of
removal;
(2) the alien concerned has already been removed; or
(3) sufficient identifying information is available with
respect to the alien concerned.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations by aliens of the immigration laws of the United
States, regardless of whether any such alien has received
notice of the violation or whether sufficient identifying
information is available with respect to any such alien and
even if any such alien has already been removed from the United
States; and''.

SEC. 905. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION
ABOUT APPREHENDED ALIENS.

(a) Provision of Information.--In compliance with section 642(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and
each political subdivision of a State, shall provide the Secretary of
Homeland Security in a timely manner with the information specified in
subsection (b) with respect to each alien apprehended in the
jurisdiction of the State, or in the political subdivision of the
State, who is believed to be in violation of the immigration laws of
the United States.
(b) Information Required.--The information referred to in
subsection (a) is as follows:
(1) The alien's name.
(2) The alien's address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(5) If applicable, the alien's driver's license number and
the State of issuance of such license.
(6) If applicable, the type of any other identification
document issued to the alien, any designation number contained
on the identification document, and the issuing entity for the
identification document.
(7) If applicable, the license plate number, make, and
model of any automobile registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily
obtainable.
(9) The alien's fingerprints, if available or readily
obtainable.
(c) Annual Report on Reporting.--The Secretary shall maintain and
annually submit to Congress a detailed report listing the States, or
the political subdivisions of States, that have provided information
under subsection (a) in the preceding year.
(d) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable costs, as determined by the Secretary, incurred by the
State, or the political subdivision of a State, as a result of
providing information under subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.
(f) Construction.--Nothing in this section shall require law
enforcement officials of a State, or of a political subdivision of a
State, to provide the Secretary of Homeland Security with information
related to a victim of a crime or witness to a criminal offense.

SEC. 906. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT
ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

(a) Grants for Special Equipment for Housing and Processing Certain
Aliens.--From amounts made available to make grants under this section,
the Secretary of Homeland Security shall make grants to States, and to
political subdivisions of States, for procurement of equipment,
technology, facilities, and other products that facilitate and are
directly related to investigating, apprehending, arresting, detaining,
or transporting aliens who have violated the immigration law of the
United States, including additional administrative costs incurred under
this title.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State, or a political subdivision of a State, must have the
authority to, and shall have a written policy and a practice to, assist
in the enforcement of the immigration laws of the United States in the
course of carrying out the routine law enforcement duties of such State
or political subdivision of a State. Entities covered under this
section may not have any policy or practice that prevents local law
enforcement from inquiring about a suspect's immigration status.
(c) Funding.--There is authorized to be appropriated to the
Secretary for grants under this section such sums as may be necessary
for fiscal year 2008 and each subsequent fiscal year.
(d) GAO Audit.--Not later than three years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of funds distributed to States, and to political
subdivisions of a State, under subsection (a).

SEC. 907. INCREASED FEDERAL DETENTION SPACE.

(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
construct or acquire, in addition to existing facilities for
the detention of aliens, 20 detention facilities in the United
States, with at least 500 beds per facility, for aliens
detained pending removal from the United States or a decision
regarding such removal.
(2) Determinations.--The location of any detention facility
built or acquired in accordance with this subsection shall be
determined by the Deputy Assistant Director of the Detention
Management Division of the Immigration and Customs Enforcement
Office of Detention and Removal within United States
Immigration and Customs Enforcement.
(3) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary of Homeland Security shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
paragraph (1).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.
(c) Technical and Conforming Amendment.--Section 241(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by
striking ``may expend'' and inserting ``shall expend''.

SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED
STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.

(a) State Apprehension.--
(1) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting
after section 240C the following:

``custody of aliens unlawfully present in the united states

``Sec. 240D. (a) Transfer of Custody by State and Local
Officials.--If a State, or a political subdivision of the State,
exercising authority with respect to the apprehension or arrest of an
alien who is unlawfully present in the United States submits to the
Secretary of Homeland Security a request that the alien be taken into
Federal custody, the Secretary--
``(1) shall--
``(A) not later than 48 hours after the conclusion
of the State, or the political subdivision of a State,
charging process or dismissal process, or if no State
or political subdivision charging or dismissal process
is required, not later than 48 hours after the alien is
apprehended, take the alien into the custody of the
Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport
the alien for transfer to Federal custody; and
``(2) shall designate at least one Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(b) Policy on Detention in State and Local Detention
Facilities.--In carrying out section 241(g)(1), the Attorney General or
Secretary of Homeland Security shall ensure that an alien arrested
under this Act shall be detained, pending the alien's being taken for
the examination under this section, in a State or local prison, jail,
detention center, or other comparable facility. Notwithstanding any
other provision of law or regulation, such facility is adequate for
detention, if--
``(1) such a facility is the most suitably located Federal,
State, or local facility available for such purpose under the
circumstances;
``(2) an appropriate arrangement for such use of the
facility can be made; and
``(3) such facility satisfies the standards for the
housing, care, and security of persons held in custody of a
United States marshal.
``(c) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable expenses, as determined by the Secretary, incurred by the
State, or political subdivision, as a result of the incarceration and
transportation of an alien who is unlawfully present in the United
States as described in subparagraphs (A) and (B) of subsection (a)(1).
Compensation provided for costs incurred under such subparagraphs shall
be the average cost of incarceration of a prisoner in the relevant
State, as determined by the chief executive officer of a State, or of a
political subdivision of a State, plus the cost of transporting the
alien from the point of apprehension to the place of detention, and to
the custody transfer point if the place of detention and place of
custody are different.
``(d) Secure Facilities.--The Secretary of Homeland Security shall
ensure that aliens incarcerated in Federal facilities pursuant to this
Act are held in facilities that provide an appropriate level of
security.
``(e) Transfer.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
aliens from the custody of States, and political subdivisions
of a State, to Federal custody.
``(2) Contracts.--The Secretary may enter into contracts,
including appropriate private contracts, to implement this
subsection.
``(f) Definition.--For purposes of this section, the term `alien
who is unlawfully present in the United States' means an alien who--
``(1) entered the United States without inspection or at
any time, manner or place other than that designated by the
Secretary of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State, or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of any such
status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 240C
the following new item:

``Sec. 240D. Custody of aliens unlawfully present in the United
States.''.
(b) GAO Audit.--Not later than three years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of compensation to States, and to political
subdivisions of a State, for the incarceration of aliens unlawfully
present in the United States under section 240D(a) of the Immigration
and Nationality Act (as added by subsection (a)(1)).

SEC. 909. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

(a) Establishment of Training Manual and Pocket Guide.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish--
(1) a training manual for law enforcement personnel of a
State, or of a political subdivision of a State, to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens
unlawfully present in the United States (including the
transportation of such aliens across State lines to detention
centers and the identification of fraudulent documents); and
(2) an immigration enforcement pocket guide for law
enforcement personnel of a State, or of a political subdivision
of a State, to provide a quick reference for such personnel in
the course of duty.
(b) Availability.--The training manual and pocket guide established
in accordance with subsection (a) shall be made available to all State
and local law enforcement personnel.
(c) Applicability.--Nothing in this section shall be construed to
require State or local law enforcement personnel to carry the training
manual or pocket guide with them while on duty.
(d) Costs.--The Secretary of Homeland Security shall be responsible
for any costs incurred in establishing the training manual and pocket
guide.
(e) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including through
residential training at the Center for Domestic Preparedness,
onsite training held at State or local police agencies or
facilities, online training courses by computer,
teleconferencing, and videotape, or the digital video display
(DVD) of a training course or courses. E-learning through a
secure, encrypted distributed learning system that has all its
servers based in the United States, is scalable, survivable,
and can have a portal in place not later than 30 days after the
date of the enactment of this Act, shall be made available by
the Federal Law Enforcement Training Center Distributed
Learning Program for State and local law enforcement personnel.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) Clarification.--Nothing in this title or any other
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any
State or local law enforcement officer to assist in the
enforcement of Federal immigration laws in the normal course of
carrying out the normal law enforcement duties of such
officers.
In carrying out this section, priority funding shall be given for
existing web-based immigration enforcement training systems.

SEC. 910. IMMUNITY.

(a) Personal Immunity.--Notwithstanding any other provision of law,
a law enforcement officer of a State or local law enforcement agency
who is acting within the scope of the officer's official duties shall
be immune, to the same extent as a Federal law enforcement officer,
from personal liability arising out of the performance of any duty
described in this title.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
State or local law enforcement agency shall be immune from any claim
for money damages based on Federal, State, or local civil rights law
for an incident arising out of the enforcement of any immigration law,
except to the extent a law enforcement officer of such agency committed
a violation of Federal, State, or local criminal law in the course of
enforcing such immigration law.

SEC. 911. INSTITUTIONAL REMOVAL PROGRAM (IRP).

(a) Continuation and Expansion.--
(1) In general.--The Secretary of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The Institutional Removal Program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the Institutional
Removal Program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such Program as a condition of receiving such funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State, or of a
political subdivision of a State, are authorized to--
(1) hold a criminal alien for a period of up to 14 days
after the alien has completed the alien's State prison sentence
in order to effectuate the transfer of the alien to Federal
custody when the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent practicable in order to make the
Institutional Removal Program available in remote locations. Mobile
access to Federal databases of aliens, such as IDENT, and live scan
technology shall be used to the maximum extent practicable in order to
make these resources available to State and local law enforcement
agencies in remote locations.

Subtitle B--Eliminating Sanctuary Cities

SEC. 921. ELIMINATING SANCTUARY CITIES.

None of the funds made available for the Department of Homeland
Security or the Department of Justice may be provided to any State or
unit of local government that has in effect any law, policy, or
procedure in contravention of subsection (a) or (b) of section 642 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373).

Subtitle C--Criminal Aliens

SEC. 931. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

Section 241(i)(5) of the Immigration and Nationality Act (8
U.S.C.1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry out
this subsection such sums as may be necessary for fiscal year
2008 and each subsequent fiscal year.''.

SEC. 932. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary for fiscal
year 2009 and each subsequent fiscal year such sums as may be necessary
to carry out this title.

SEC. 933. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS
CHARGED WITH CERTAIN CRIMES.

Section 241(i)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1231(a)(3)(A)) is amended by inserting ``charged with or''
before ``convicted''.

SEC. 934. PREEMPTION.

It is the sense of the Congress that States and local political
subdivisions are not preempted from the enactment and enforcement of
immigration-related laws and ordinances that do not directly conflict
with Federal immigration laws.

TITLE X--NO IN-STATE TUITION FOR ILLEGALS

SEC. 1001. ENSURING ENFORCEABILITY.

Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1623) is amended--
(1) in subsection (a)--
(A) by striking ``on the basis of residence within
a State (or a political subdivision)''; and
(B) by striking ``unless a citizen'' and all that
follows through the period at the end and inserting
``unless every citizen or national of the United States
is entitled to such a benefit (in no less an amount,
duration, and scope) without regard to whether the
citizen or national is a resident of the State or has
attended or graduated from a school in the State.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting the following after subsection (a):
``(b) Enforcement Through Civil Action.--
``(1) In General.--Any citizen or national of the United States who
is attending or is enrolled to attend a postsecondary educational
institution alleged to be in violation of subsection (a) may commence a
civil action on his own behalf against any official of the State entity
that governs such postsecondary educational institutions or of the
educational institution itself to enforce the terms of subsection (a).
``(2) Relief.--The court shall provide all appropriate
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) Authority.--This subsection is enacted pursuant to
section 5 of the14th amendment to the Constitution of the
United States.''.
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