[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3137 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3137

  To provide for enhanced Federal, State, and local assistance in the 
   enforcement of the immigration laws, to amend the Immigration and 
  Nationality Act, to authorize appropriations to carry out the State 
       Criminal Alien Assistance Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

 Mr. Norwood (for himself, Mr. Boyd, Mr. Hyde, Mr. Coble, Mr. Smith of 
    Texas, Mr. Jenkins, Mr. Bachus, Mr. McIntyre, Mr. Gallegly, Mr. 
   Hostettler, Mr. Issa, Mr. Forbes, Mr. King of Iowa, Mr. Franks of 
   Arizona, Mr. Westmoreland, Mr. Gingrey, Mr. Price of Georgia, Mr. 
Kingston, Mr. Deal of Georgia, Mr. Linder, Mr. Sullivan, Mr. Garrett of 
 New Jersey, Mr. Hayworth, Mr. Royce, Mr. Bass, Ms. Hart, Mr. Duncan, 
Mr. Jones of North Carolina, Mr. McCaul of Texas, Mr. Gary G. Miller of 
 California, Mr. Culberson, Mr. Simpson, Mrs. Musgrave, Mr. Burton of 
 Indiana, Mr. Otter, Mr. Hoekstra, Mrs. Myrick, Mr. Lewis of Kentucky, 
Mrs. Kelly, Mr. Pitts, Mr. Ford, Mr. Keller, Mr. Weldon of Florida, Mr. 
    Graves, and Mr. Goode) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced Federal, State, and local assistance in the 
   enforcement of the immigration laws, to amend the Immigration and 
  Nationality Act, to authorize appropriations to carry out the State 
       Criminal Alien Assistance Program, 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; TABLE OF CONTENTS; STATE DEFINED; SEVERABILITY.

    (a) Short Title.--This Act may be cited as the ``Clear Law 
Enforcement for Criminal Alien Removal Act of 2005'' or ``CLEAR Act of 
2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; State defined; severability.
Sec. 2. Federal affirmation of assistance in the immigration law 
                            enforcement by States and political 
                            subdivisions of States.
Sec. 3. State authorization for assistance in the enforcement of 
                            immigration laws encouraged.
Sec. 4. Civil and criminal penalties for aliens unlawfully present in 
                            the United States.
Sec. 5. Listing of immigration violators in the national crime 
                            information center database.
Sec. 6. State and local law enforcement provision of information about 
                            apprehended illegal aliens.
Sec. 7. Financial assistance to State and local police agencies that 
                            assist in the enforcement of immigration 
                            laws.
Sec. 8. Increased Federal detention space.
Sec. 9. Federal custody of illegal aliens apprehended by State or local 
                            law enforcement.
Sec. 10. Training of State and local law enforcement personnel relating 
                            to the enforcement of immigration laws.
Sec. 11. Immunity.
Sec. 12. Institutional removal program (IRP).
Sec. 13. State criminal alien assistance program (SCAAP).
    (c) State Defined.--For purposes of this Act, 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)).
    (d) 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. 2. 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 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 the Congress.

SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
              IMMIGRATION LAWS ENCOURAGED.

    (a) In General.--Effective 2 years after the date of the enactment 
of this Act, a State (or 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 within 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 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 political subdivision of a State due to the failure of the 
State to comply with subsection (a) shall be reallocated to States that 
comply with such subsection.

SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

    (a) Aliens Unlawfully Present.--
            (1) In general.--Title II of the Immigration and 
        Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting 
        after section 275 the following:

    ``criminal penalties for unlawful presence in the united states

    ``Sec. 275A. (a) In General.--In addition to any other penalty, an 
alien who is present in the United States in violation of this Act 
shall be guilty of a felony and shall be fined under title 18, United 
States Code, imprisoned not less than 1 year and a day, or both.
    ``(b) Defense.--It shall be an affirmative defense to a violation 
of subsection (a) that the alien overstayed the time allotted under a 
visa due to an exceptional and extremely unusual hardship or physical 
illness that prevented the alien from leaving the United States by the 
required date.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 275 
        the following new item:

``Sec. 275A. Criminal penalties for unlawful presence in the United 
                            States.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of such Act (8 U.S.C. 1325(a)) is amended by striking ``6 
months,'' and inserting ``1 year,''.
    (c) Increase in Civil Penalties for Various Violations of the 
Immigration Laws of the United States.--Section 275(b) of such Act (8 
U.S.C. 1325(b)) is amended to read as follows:
    ``(b)(1) Subject to paragraph (2), any alien described in paragraph 
(3) shall be subject to a civil penalty of--
            ``(A) $500 for the first violation;
            ``(B) $1,000 in the case of an alien who has been once 
        previously been subject to a civil penalty under this 
        subsection;
            ``(C) $2,500 in the case of an alien who has been twice 
        previously been subject to a civil penalty under this 
        subsection; or
            ``(D) $5,000 in the case of an alien who has been three or 
        more times previously been subject to a civil penalty under 
        this subsection.
    ``(2) In the case of an alien described in paragraph (3)(D), the 
alien shall be subject to civil penalties under this subsection that 
are 5 times the amounts set forth under paragraph (1).
    ``(3) An alien described in this paragraph is an alien who--
            ``(A) is apprehended while entering (or attempting to 
        enter) the United States at a time or place other than as 
        designated by immigration officers;
            ``(B) enters the United States without inspection;
            ``(C) fails to depart the United States within 30 days 
        after the expiration date of a nonimmigrant visa or a voluntary 
        departure agreement and is not in other lawful status; or
            ``(D) fails to depart the United States within 30 days 
        after the date of a final order of removal and is not in other 
        lawful status.
    ``(4) Civil penalties under this subsection are in addition to, and 
not in lieu of, any criminal or other civil penalties that may be 
imposed.''.
    (d) Permission to Depart Voluntarily.--Section 240B of such Act (8 
U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in subsection (a)(2)(A), by striking ``120 days'' and 
        inserting ``30 days''.

SEC. 5. 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, 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 
have on any and all aliens against whom a final order of removal has 
been issued, any and all aliens who have signed a voluntary departure 
agreement, any and all aliens who have overstayed their authorized 
period of stay, and any and all aliens whose visas have been revoked. 
Such information shall be provided to the National Crime Information 
Center, and 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 received notice of a final order of removal;
            (2) the alien has already been removed; or
            (3) sufficient identifying information is available on the 
        alien.
    (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:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or whether sufficient identifying information is 
        available on the alien and even if the alien has already been 
        removed; and''.

SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT 
              APPREHENDED ILLEGAL 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 is encouraged to provide the 
Department of Homeland Security in a timely manner with the information 
listed in subsection (b) on each alien apprehended in the jurisdiction 
of the State or political subdivision who is believed to be in 
violation of the immigration laws of the United States.
    (b) Information Required.--The information listed in this 
subsection 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 
political subdivisions of States that are providing information under 
subsection (a).
    (d) Reimbursement.--The Department of Homeland Security shall 
reimburse States and political subdivisions of a State for all 
reasonable costs, as determined by the Secretary of Homeland Security, 
incurred by that State or political subdivision as a result of 
providing information under this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated 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 political subdivision of a State to 
provide the Department of Homeland Security with information related to 
a victim of a crime or witness to a criminal offense.

SEC. 7. 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 Illegal 
Aliens.--From amounts made available to make grants under this section, 
the Secretary of Homeland Security shall make grants to States and 
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 immigration law violators, including additional 
administrative costs incurred under this Act.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State or political subdivision of a State must have the 
authority to, and have in effect the policy and practice to, assist in 
the enforcement of the immigration laws of the United States in the 
course of carrying out such agency's routine law enforcement duties.
    (c) Funding.--There is authorized to be appropriated for grants 
under this section $1,000,000,000 for each fiscal year.
    (d) GAO Audit.--Not later than 3 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 political 
subdivisions of States under subsection (a).

SEC. 8. 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 or a decision on removal of such alien 
        from the United States.
            (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 the U.S. 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 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. 9. FEDERAL CUSTODY OF ILLEGAL ALIENS 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 illegal aliens

    ``Sec. 240D. (a) Transfer of Custody by State and Local 
Officials.--If a State (or, if appropriate, a political subdivision of 
the State) exercising authority with respect to the apprehension or 
arrest of an illegal alien submits a request to the Secretary of 
Homeland Security that the alien be taken into Federal custody, the 
Secretary of Homeland Security--
            ``(1) shall--
                    ``(A) not later than 48 hours after the conclusion 
                of the State charging process or dismissal process, or 
                if no State charging or dismissal process is required, 
                not later than 48 hours after the illegal alien is 
                apprehended, take the illegal 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 illegal 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 the criminal or illegal 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 States for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State or political subdivision in the incarceration and transportation 
of an illegal alien 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, as appropriate, a political subdivision of the State) plus 
the cost of transporting the criminal or illegal 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 illegal 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 
        illegal aliens from the custody of States and political 
        subdivisions of States to Federal custody.
            ``(2) Contracts.--The Secretary of Homeland Security may 
        enter into contracts, including appropriate private contracts, 
        to implement this subsection.
    ``(f) Definition.--For purposes of this section, the term `illegal 
alien' 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.
    ``(g) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention 
and removal of aliens not lawfully present in the United States under 
this Act for fiscal year 2006 and each subsequent fiscal year.''.
            (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 illegal aliens.''.
    (b) GAO Audit.--Not later than 3 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 political 
subdivisions of States for the incarceration of illegal aliens under 
section 240D(a) of the Immigration and Nationality Act (as inserted by 
subsection (a)(1)).

SEC. 10. 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 political subdivision of a State to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of aliens 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 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 established under subsection (a)(2) with them 
while on duty.
    (d) Costs.--The Department of Homeland Security shall be 
responsible for any and all costs incurred in establishing the training 
manual and pocket guide under subsection (a).
    (e) Training Flexibility.--
            (1) In general.--The Department of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        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 sealable, survivable, 
        and can have a portal in place within 30 days, 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 Act or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out their normal law enforcement duties.
    (f) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.

SEC. 11. 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 Act.
    (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 that agency committed 
a violation of Federal, State, or local criminal law in the course of 
enforcing such immigration law.

SEC. 12. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Department of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The institutional removal program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the institutional 
                removal program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such program as a condition for receiving such 
                funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State have the authority to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when the alien is removable or not lawfully present in 
        the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from the U.S. 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 possible in order to make the 
Institutional Removal Program (IRP) available in remote locations. 
Mobile access to Federal databases of aliens, such as IDENT, and live 
scan technology shall be used to the maximum extent practicable in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the institutional removal program--
            (1) $100,000,000 for fiscal year 2007;
            (2) $115,000,000 for fiscal year 2008;
            (3) $130,000,000 for fiscal year 2009;
            (4) $145,000,000 for fiscal year 2010; and
            (5) $160,000,000 for fiscal year 2011.

SEC. 13. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by inserting before the period at the end the 
following: ``and $1,000,000,000 for each subsequent fiscal year''.
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