[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2109 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2109

To amend title 18, United States Code, to provide Federal penalties for 
      certain killings by illegal aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2007

  Mrs. Drake introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide Federal penalties for 
      certain killings by illegal aliens, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Our Local Communities Act 
of 2007''.

SEC. 2. CERTAIN KILLINGS BY ILLEGAL ALIENS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Certain killings by illegal aliens
    ``Whoever, being an alien who is unlawfully present in the United 
States, commits manslaughter while under the influence of alcohol and 
while operating a motor vehicle, which has been shipped, transported or 
traveled in or affecting interstate or foreign commerce, shall be 
subject to a fine under this title and imprisoned not less than 5 nor 
more than 40 years.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1123. Certain killings by illegal aliens.''.

SEC. 3. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in the section heading, by inserting ``unlawful 
        presence;'' after ``improper time or place;'';
            (2) in subsection (a)--
                    (A) by striking ``Any alien'' and inserting 
                ``Except as provided in subsection (b), any alien'';
                    (B) by striking ``or'' before (3); and
                    (C) by inserting after ``concealment of a material 
                fact,'' the following: ``or (4) is otherwise present in 
                the United States in violation of the immigration laws 
                or the regulations prescribed thereunder,''.

SEC. 4. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Department 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 for receiving such 
                funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State have the authority to--
            (1) hold an illegal 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 takes the alien into custody, as required 
        by law.
    (c) Technology Usage.--Technology such as video conferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) 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.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the institutional removal program--
            (1) $100,000,000 for fiscal year 2008;
            (2) $115,000,000 for fiscal year 2009;
            (3) $130,000,000 for fiscal year 2010;
            (4) $145,000,000 for fiscal year 2011; and
            (5) $160,000,000 for fiscal year 2012.

SEC. 5. TRAINING OF STATE AND LOCAL PERSONNEL PERFORMING IMMIGRATION 
              FUNCTIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--To carry out paragraph (2), there are 
        authorized to be appropriated $40,000,000 for fiscal year 2008, 
        to remain available until September 30, 2009.
            (2) Use of funds.--From amounts made available under 
        paragraph (1), the Secretary of Homeland Security may reimburse 
        a State or political subdivision for the expenses described in 
        paragraph (4).
            (3) Eligible recipients.--A State, or a political 
        subdivision of a State, is eligible for reimbursement under 
        paragraph (2) if the State or political subdivision--
                    (A) has entered into a written agreement described 
                in section 287(g) of the Immigration and Nationality 
                Act (8 U.S.C. 1357(g)) under which certain officers or 
                employees of the State or subdivision may be authorized 
                to perform certain functions of an immigration officer; 
                and
                    (B) desires such officers or employees to receive 
                training from the Department of Homeland Security in 
                relation to such functions.
            (4) Expenses.--The expenses described in this subsection 
        are actual and necessary expenses incurred by the State or 
        political subdivision in order to permit the training described 
        in paragraph (3)(B) to take place, including expenses such as 
        the following:
                    (A) Costs of travel and transportation to locations 
                where training is provided, including mileage and 
                related allowances for the use of a privately owned 
                automobile.
                    (B) Subsistence consisting of lodging, meals, and 
                other necessary expenses for the personal sustenance 
                and comfort of a person required to travel away from 
                the person's regular post of duty in order to 
                participate in the training.
                    (C) A per diem allowance paid instead of actual 
                expenses for subsistence and fees or tips to porters 
                and stewards.
                    (D) Costs of securing temporary replacements for 
                personnel traveling to, and participating in, the 
                training.
    (b) Clarification.--Nothing in this Act 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 exercising that officer's inherent authority to assist in the 
apprehension, arrest, detention, or transfer to Federal custody of 
illegal aliens during the normal course of carrying out their law 
enforcement duties.
    (c) Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to the Congress a report describing the usefulness and 
        effectiveness of the program under section 287(g) of the 
        Immigration and Nationality Act (8 U.S.C. 1357(g)).
            (2) Contents.--The report under paragraph (1) shall address 
        the following:
                    (A) The number of States and political subdivisions 
                of States participating in such program.
                    (B) The number of States and political subdivisions 
                of States that have engaged in discussions with the 
                Department of Homeland Security regarding such program.
                    (C) A description of how useful and effective the 
                program is, including data on apprehensions of aliens 
                who are unlawfully present in the United States.
                    (D) A description of any hardships faced by States 
                and political subdivisions as participants of the 
                program.
                    (E) A description of the steps the Secretary of 
                Homeland Security is taking, and any plan the Secretary 
                has formulated, to encourage the participation of 
                States and political subdivisions in such program.
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