[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1006 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1006

 To reimburse States and local governments for indirect costs relating 
            to the incarceration of illegal criminal aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2005

 Mr. Kyl (for himself, Mrs. Hutchison, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reimburse States and local governments for indirect costs relating 
            to the incarceration of illegal criminal aliens.

    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 ``State Criminal Alien Assistance 
Program II''.

SEC. 2. PURPOSE.

    The purpose of this Act is to assist States and units of local 
governments by providing financial assistance for costs incurred by 
such States and local governments for processing illegal immigrants 
through their law enforcement and criminal justice systems.

SEC. 3. REIMBURSEMENT OF INDIRECT COSTS RELATING TO THE INCARCERATION 
              OF ILLEGAL ALIENS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by striking ``a State for'' and all 
        that follows through ``State'' and inserting the following: 
        ``each State and unit of local government for--
            ``(1) costs incurred by the State or unit of local 
        government for the imprisonment of any illegal alien who is 
        convicted of a felony by such State; and
            ``(2) indirect costs related to the imprisonment described 
        in paragraph (1).''; and
            (2) by striking subsections (c) through (e) and inserting 
        the following:
    ``(c) Definitions.--As used in this section--
            ``(1) the term `indirect costs' includes costs relating 
        to--
                    ``(A) court proceedings, attorneys for units of 
                local government, and detention of illegal aliens;
                    ``(B) indigent defense;
                    ``(C) State and local prosecution;
                    ``(D) autopsies; and
                    ``(E) translation and interpreter services; and
            ``(2) the term `State' has the meaning given such term in 
        section 1101(a)(36) of this title.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000,000 for each of the fiscal years 2006 through 
2009 to carry out subsection (a)(2).''.
    (b) State Allocations.--
            (1) Based on percentage of undocumented aliens.--
                    (A) In general.--From the amount appropriated for a 
                fiscal year pursuant to section 501(d) of the 
                Immigration Reform and Control Act of 1986 (8 U.S.C. 
                1365(d)), the Attorney General shall allocate 
                $333,000,000 for States and units of local government 
                in accordance with subparagraph (B).
                    (B) Formula.--The amount allocated under this 
                paragraph for each State (including units of local 
                government within such State) for a fiscal year shall 
                be equal to the product of--
                            (i) the total amount available to be 
                        allocated under this paragraph for that fiscal 
                        year; and
                            (ii) the percentage of undocumented aliens 
                        residing in the State compared to the total 
                        number of such aliens residing in all States, 
                        as determined by the Statistics Division of the 
                        Immigration and Naturalization Service, as of 
                        January 2005, based on the 2000 decennial 
                        census.
            (2) Based on number of undocumented alien apprehension 
        states.--
                    (A) In general.--From the amount appropriated for a 
                fiscal year pursuant to such section 501(d), the 
                Attorney General shall allocate $167,000,000, in 
                addition to amounts allocated under paragraph (1), for 
                each of the 6 States with the highest number of 
                undocumented alien apprehensions for such fiscal year.
                    (B) Determination of allotments.--The amount 
                allocated under this paragraph for a fiscal year for 
                each State described in subparagraph (A) (including 
                units of local government within each such State) shall 
                be equal to the product of--
                            (i) the total amount available to be 
                        allocated under this paragraph for the fiscal 
                        year; and
                            (ii) the percentage of undocumented alien 
                        apprehensions in the State in that fiscal year 
                        compared to the total of such apprehensions for 
                        all such States for the preceding fiscal year.
                    (C) Data.--For purposes of this paragraph, the 
                highest number of undocumented alien apprehensions for 
                a fiscal year shall be based on the apprehension rates 
                for the 4-consecutive-quarter period ending before the 
                beginning of the fiscal year for which information is 
                available for undocumented aliens in such States, as 
                reported by the Department of Homeland Security.
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