S.Amdt. 1265

1. Adds SEC. 3722. PREEMPTION OF STATE AND LOCAL LAW at the end of subtitle G of title III

   Adds a section

   In S. 744 · Reported to Senate

   "(v) Such other locations as the Secretary of Homeland Security shall specify for purposes of this subsection.".

   Inserted: SEC. 3722. PREEMPTION OF STATE AND LOCAL LAW.

   Inserted: (a) In General.--

   Inserted: (1) Preemption of state and local law.--Title I is (8 U.S.C. 1101 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 107. PREEMPTION OF STATE AND LOCAL LAW.

   Inserted: "(a) Except as explicitly authorized or required by Federal law, the provisions of this Act preempt any State or local law or policy that--

   Inserted: "(1) imposes a civil or criminal sanction, impairment, or liability on the basis of either immigration status or violation of a provision of this Act or the Border Security, Economic Opportunity, and Immigration Modernization Act; or

   Inserted: "(2) requires the disclosure of immigration status as a condition of receiving any dwelling, good, program, or service.

   Inserted: "(b) Construction.--Nothing in this section may be construed to restrict the authority of a State or locality to cooperate in the enforcement of Federal immigration law, to the extent that such cooperation is explicitly authorized by this Act or the he Border Security, Economic Opportunity, and Immigration Modernization Act.".

   Inserted: (2) Table of contents amendment.--The table of contents in the first section is amended by inserting after the item relating to section 106 the following:

   Inserted: "Sec. 107. Preemption of State and local law.".

   Inserted: (b) Information Sharing Between State and Local Government Agencies and the Department of Homeland Security.--

   Inserted: (1) In general.--Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644) is amended to read as follows:

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   Inserted: "SEC. 434. INFORMATION SHARING BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY.

   Inserted: "(a) In General.--Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity or official may prohibit, or in any way restrict, any government entity or official from sending the Secretary of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

   Inserted: "(b) Additional Authority of Government Entities.--Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, any government entity or official from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

   Inserted: "(1) Requesting such information from the Department of Homeland Security.

   Inserted: "(2) Maintaining such information.

   Inserted: "(3) Exchanging such information with any other Federal government entity.

   Inserted: "(c) Obligation to Respond to Requests.--The Secretary of Homeland Security shall respond to a request by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency by providing the requested verification or status information only when the request is made for a purpose explicitly authorized or required by Federal law.

   Inserted: "(d) Data Sharing.--For purposes of enforcing the anti-discrimination provision of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the anti-discrimination provisions in section 809 of the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. 3789d), the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 et seq.), and other Federal civil rights laws, the Attorney General shall have access to all data collected and maintained pursuant to any request for verification under this section. No State or local government entity shall publicly disclose any such data unless explicitly authorized or required by Federal law. The Secretary and Attorney General will enter into an agreement setting forth the process for data sharing consistent with the purpose of this subsection.".

   Inserted: (c) Table of Contents Amendment.--The table of contents in section 2 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105) by striking the item relating to section 434 and inserting the following:

   Inserted: "Sec. 434. Information sharing between State and local government agencies and the Department of Homeland Security.".

   Original wording

   At the end of subtitle G of title III, insert the following:

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As printed