An amendment numbered 7 printed in Part B of House Report 109-347 to amend Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by replacing "Immigration and Naturalization Service" with "Department of Homeland Security" and enforces Section 642 by stating that the Attorney General shall not provide any grant amount to any Federal, State, or local government agency or entity that violates the Act (which states that any government official or entity may not be prohibited from sending information to DHS regarding the citizenship or immigration status of any individual).
What it does: Adds SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY at the end of title IIIDescription
Amendment prohibits law enforcement grants from being provided to local law enforcement agencies in localities that restrict those agencies from sharing certain immigration information with the Department of Homeland Security.
What it changes
1 change to H.R. 4437
We couldn't match these changes to the text of H.R. 4437, so they're shown as written.
Adds SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY at the end of title III
Adds a sectionInserted: SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY.
Inserted: (a) In General.--Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
Inserted: (1) by striking "Immigration and Naturalization Service" and inserting "Department of Homeland Security" each place it appears; and
Inserted: (2) by adding at the end the following:
Inserted: "(d) Enforcement.--
Inserted: "(1) Ineligibility for federal law enforcement aid.--Upon a determination that any person, or any Federal, State, or local government agency or entity, is in violation of subsection (a) or (b), the Attorney General shall not provide to that person, agency, or entity any grant amount pursuant to any law enforcement grant program carried out by any element of the Department of Justice, including the program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 241(i)), and shall ensure that no such grant amounts are provided, directly or indirectly, to such person, agency, or entity. In the case of grant amounts that otherwise would be provided to such person, agency, or entity pursuant to a formula, such amounts shall be reallocated among eligible recipients.
Inserted: "(2) Violations by government officials.--In any case in which a Federal, State, or local government official is in violation of subsection (a) or (b), the government agency or entity that employs (or, at the time of the violation, employed) the official shall be subject to the sanction under paragraph (1).
Inserted: "(3) Duration.--The sanction under paragraph (1) shall remain in effect until the Attorney General determines that the person, agency, or entity has ceased violating subsections (a) and (b).".
Inserted: (b) Effective Date.--The amendments made by subsection (a) shall apply to grant requests pending on or or after the date of the enactment of this Act.
Original wording
At the end of title III, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the end of title III, add the following:
SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--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” and inserting “Department of Homeland Security” each place it appears; and
(2) by adding at the end the following:
“(d) Enforcement.--
“(1) Ineligibility for federal law enforcement aid.--Upon a determination that any person, or any Federal, State, or local government agency or entity, is in violation of subsection (a) or (b), the Attorney General shall not provide to that person, agency, or entity any grant amount pursuant to any law enforcement grant program carried out by any element of the Department of Justice, including the program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 241(i)), and shall ensure that no such grant amounts are provided, directly or indirectly, to such person, agency, or entity. In the case of grant amounts that otherwise would be provided to such person, agency, or entity pursuant to a formula, such amounts shall be reallocated among eligible recipients.
“(2) Violations by government officials.--In any case in which a Federal, State, or local government official is in violation of subsection (a) or (b), the government agency or entity that employs (or, at the time of the violation, employed) the official shall be subject to the sanction under paragraph (1).
“(3) Duration.--The sanction under paragraph (1) shall remain in effect until the Attorney General determines that the person, agency, or entity has ceased violating subsections (a) and (b).”.
(b) Effective Date.--The amendments made by subsection (a) shall apply to grant requests pending on or or after the date of the enactment of this Act.
Legislative Activity
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House amendment offered
December 15, 2005
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House amendment offered
December 15, 2005
House amendment agreed to: On agreeing to the Campbell (CA) amendment (A007) Agreed to by voice vote.
December 15, 2005 • 7:53 PM
Amendment agreed to Committee of the Whole
December 15, 2005 • 7:53 PM
House amendment offered/reported by : Amendment (A007) offered by Mr. Campbell (CA).(consideration: CR H11846-11847; text: CR H11846)
December 15, 2005 • 7:41 PM
Amendment (A007) offered by Mr. Campbell (CA). (consideration: CR H11846-11847; text: CR H11846)
December 15, 2005 • 7:41 PM
On agreeing to the Campbell (CA) amendment (A007) Agreed to by voice vote.
December 15, 2005 • 7:53 PM