[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Page S5727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2395. Mr. INHOFE (for Mr. Sessions) submitted an amendment
intended to be proposed by Mr. Inhofe to the bill H.R. 22, to amend the
Internal Revenue Code of 1986 to exempt employees with health care
coverage under TRICARE or the Veterans Administration from being taken
into account for purposes of determining the employers to which the
employer mandate applies under the Patient Protection and Affordable
Care Act; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--PROTECTING AMERICAN LIVES ACT
SEC. ___1. SHORT TITLE.
This title may be cited as the ``Protecting American Lives
Act''.
SEC. ___2. DEFINITIONS AND SEVERABILITY.
(a) Definitions.--In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) State.--The term ``State'' has the meaning given to
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 Act, or the
application of such provision to any person or circumstance,
is held invalid, the remainder of this Act, and the
application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by
such invalidation.
SEC. ___3. INFORMATION SHARING REGARDING CRIMINAL ALIENS.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and inserting
``a person or agency shall not''; and
(B) by striking ``doing any of the following with respect
to information'' and inserting ``undertaking any of the
following law enforcement activities''; and
(4) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.''; and
(5) by adding at the end the following:
``(d) Sanctuary Polices.--Notwithstanding any other
provision of Federal, State, or local law, a Federal, State,
or local government entity or official shall not issue in the
form of resolutions, ordinances, administrative actions,
general or special orders, or departmental policies that
violate Federal law or restrict a State or political
subdivision of a State from complying with Federal law or
coordinating with Federal law enforcement.
``(e) Compliance.--
``(1) In general.--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 be eligible to receive--
``(A) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
`Cops on the Beat' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
``(B) any other law enforcement or Department of Homeland
Security grant.
``(2) Annual determination.--
``(A) Requirement.--Not later than March 1 of each year,
the Secretary of Homeland Security shall determine which
States or political subdivisions of a State are not in
compliance with this section and report such determination to
Congress.
``(B) Ineligibility for financial assistance.--Any
jurisdiction that the Secretary determines is not in
compliance under subparagraph (A)--
``(i) shall be ineligible to receive Federal financial
assistance as provided in paragraph (1) for a minimum period
of 1 year; and
``(ii) shall only become eligible for such assistance after
the Secretary certifies that the jurisdiction is in
compliance.
``(3) Reallocation.--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 this section shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(f) State and Local Law Enforcement Provision of
Information About Apprehended Aliens.--
``(1) Provision of information.--In compliance with this
section 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 identifying information with respect to each alien in
the custody of the State, or a political subdivision of the
State, who is believed to be inadmissible or deportable.
``(2) Annual report on compliance.--Not later than March 1
of each year, the Secretary shall determine which States, or
the political subdivisions of States, are not in compliance
with this section and submit such determination to Congress.
``(g) 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 (f)(1).
``(h) Construction.--Nothing in this section shall require
law enforcement officials of a State, or from political
subdivisions of a State--
``(1) to provide the Secretary of Homeland Security with
information related to a victim of a crime or witness to a
criminal offense; or
``(2) to otherwise report or arrest such a victim or
witness.''.
SEC. ___4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Except as otherwise provided by Federal
law or rule of procedure, the Secretary shall execute all
lawful writs, process, and orders issued under the authority
of the United States, and shall command all necessary
assistance to execute the Secretary's duties.
(b) State and Local Cooperation With DHS Detainers.--A
State, or a political subdivision of a State, that has in
effect a statute or policy or practice providing that it not
comply with any Department detainer ordering that it
temporarily hold an alien in their custody so that the alien
may be taken into Federal custody, or transport the alien for
transfer to Federal custody, shall not be eligible to
receive--
(1) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
(2) any other law enforcement or Department grant.
(c) Immunity.--A State or a political subdivision of a
State acting in compliance with a Department detainer who
temporarily holds aliens in its custody so that they may be
taken into Federal custody, or transports the aliens for
transfer to Federal custody, shall be considered to be acting
under color of Federal authority for purposes of determining
its liability, and immunity from suit, in civil actions
brought by the aliens under Federal or State law.
(d) Probable Cause.--It is the sense of Congress that the
Department has probable cause to believe that an alien is
inadmissible or deportable when it issues a detainer
regarding such alien under the standards in place on the date
of introduction of this Act.
SEC. ___5. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8
U.S.C. 1326) is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``not more than 2 years,'' and
inserting ``not less than 5 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``not less than 5 years
and'' after ``imprisoned'';
(B) in paragraph (2), by inserting ``not less than 5 years
and'' after ``imprisoned'';
(C) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(D) in paragraph (4), by inserting ``not less than 5 years
and'' after ``imprisoned for''.
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