[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 994 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 994

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2009

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

_______________________________________________________________________

                                 A BILL


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

    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--Prohibition on Driver's Licenses for Unlawfully Present 
                                 Aliens

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

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

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

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

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

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

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

                     Subtitle A--General Provisions

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

Sec. 611. Requiring self-employed subcontractors to participate in 
                            employment eligibility verification pilot 
                            program.
  Subtitle C--Prohibition on Unlawful Employment of Aliens in Capitol

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

Sec. 631. Availabilty of information.
    TITLE VII--PROHIBITING UNLAWFULLY PRESENT ALIENS FROM OBTAINING 
                           FINANCIAL SERVICES

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

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

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

Sec. 931. State criminal alien assistance program (SCAAP).
Sec. 932. Authorization of appropriations.
Sec. 933. Assistance for States incarcerating undocumented aliens 
                            charged with certain crimes.
Sec. 934. Preemption.
  TITLE X--PROHIBITING IN-STATE TUITION FOR UNLAWFULLY PRESENT ALIENS

Sec. 1001. Ensuring enforceability.

             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--Prohibition on Driver's Licenses for Unlawfully Present 
                                 Aliens

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. PROHIBITING TOTALIZATION AGREEMENTS THAT BENEFIT UNLAWFULLY 
              PRESENT ALIENS.

    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 2010, 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--Prohibition on Unlawful Employment of Aliens in 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 UNLAWFULLY PRESENT ALIENS 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, 2010.
                    ``(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 2010;
            ``(2) 2,000 in fiscal year 2011;
            ``(3) 1,500 in fiscal year 2012;
            ``(4) 1,000 in fiscal year 2013; and
            ``(5) 1,000 in fiscal year 2014.
    ``(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 2010 through 
2014 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, 2013, 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 2010 through 2013.''.

             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 2010 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 
        2010 and each subsequent fiscal year.''.

SEC. 932. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for fiscal 
year 2010 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--PROHIBITING IN-STATE TUITION FOR UNLAWFULLY PRESENT ALIENS

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 the 14th amendment to the Constitution of the 
        United States.''.
                                 <all>