[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2394 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2394

To improve border security, to increase criminal penalties for certain 
       crimes related to illegal aliens, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2006

  Mr. Isakson introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve border security, to increase criminal penalties for certain 
       crimes related to illegal aliens, 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.

    (a) Short Title.--This Act may be cited as the ``Border Security 
Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                        TITLE I--BORDER SECURITY

Sec. 101. Personnel.
Sec. 102. Federal Law Enforcement Training Center.
Sec. 103. Interagency asset sharing.
Sec. 104. Technology and Infrastructure.
Sec. 105. State and local grants.
                     TITLE II--AGRICULTURAL WORKERS

Sec. 201. Limitation on H-2A nonimmigrant wage requirement.
Sec. 202. Extension of preemption to required construction of day 
                            laborer shelters.
                          TITLE III--PENALTIES

Sec. 301. Increased criminal penalties for alien smuggling.
Sec. 302. Increased criminal penalties for document fraud.
Sec. 303. Increased criminal penalties for certain crimes.
Sec. 304. Increased criminal penalties for criminal street gangs.
Sec. 305. Additional penalties.
                TITLE IV--REMOVAL AND VIOLATION TRACKING

Sec. 401. Institutional removal program.
Sec. 402. Authorization for detention after completion of state or 
                            local prison sentence.
Sec. 403. Use of the National Crime Information Center Database to 
                            track violations of immigration law.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security of the House of 
        Representatives.
            (2) Border.--The term ``border'' means the international 
        border between the United States and Canada and between the 
        United States and Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

                        TITLE I--BORDER SECURITY

SEC. 101. PERSONNEL.

    (a) CBP Agents.--In addition to the positions authorized under 
section 5202 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108-458), in each of fiscal years 2007 through 2011, 
the Secretary shall increase by not less than 1,500 the number of 
positions for full-time, active-duty agents within the Bureau of 
Customs and Border Protection.
    (b) ICE Agents.--In addition to the positions authorized under 
section 5203 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108-458), in each of fiscal years 2007 through 2011, 
the Secretary shall increase by not less than 1,500 the number of 
positions for full-time, active-duty agents within the Bureau of 
Immigration and Customs Enforcement.
    (c) Employment of Retired Law Enforcement Officers.--
            (1) Study.--The Secretary shall conduct a study of the 
        feasibility of hiring, on a part-time basis, retired Federal 
        law enforcement officers to supplement the capabilities of the 
        Bureau of Customs and Border Protection and the Bureau of 
        Immigration and Customs Enforcement.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report, in 
        classified form, if necessary, to the appropriate congressional 
        committees. The report shall include--
                    (A) the results of the study conducted under 
                paragraph (1); and
                    (B) a plan to implement a program that employs 
                retired Federal law enforcement officers for border 
                security, if the Secretary determines that such plan is 
                feasible.
            (3) Implementation.--If the Secretary determines that the 
        plan described in paragraph (2)(B) is feasible, the Secretary 
        shall implement the plan not later than 90 days after the 
        submission of the report to Congress under paragraph (2).
    (d) Recruitment and Retention Program.--
            (1) Implementation.--The Secretary shall conduct a 5-year 
        program to facilitate the recruitment and retention of agents 
        within the Bureau of Customs and Border Protection and the 
        Bureau of Immigration and Customs Enforcement.
            (2) Report.--Not less frequently than once every 90 days 
        during the 5-year period of the program authorized under 
        paragraph (1), the Secretary shall submit a report on the 
        results and progress of the program, in classified form, if 
        necessary, to the appropriate congressional committees.
    (e) Other Personnel.--In each of fiscal years 2007 through 2011, 
the Secretary and the Attorney General shall increase, to the extent 
determined necessary by the Secretary and the Attorney General, the 
number of--
            (1) Department of Homeland Security personnel, including 
        attorneys, who have responsibilities involving illegal aliens 
        or immigration issues;
            (2) attorneys participating in the Federal Defenders 
        Program;
            (3) attorneys in United States Attorneys' Offices;
            (4) attorneys in the Office of Immigration Litigation;
            (5) deputy marshals in the United States Marshals Service; 
        and
            (6) immigration judges.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2007 through 2011 such sums as 
may be necessary to carry out this section.

SEC. 102. FEDERAL LAW ENFORCEMENT TRAINING CENTER.

    (a) Infrastructure Improvements.--The Secretary shall make 
necessary improvements to the following law enforcement training 
facilities:
            (1) The Federal Law Enforcement Training Center in Glynco, 
        Georgia.
            (2) The residential training sites located in Artesia, New 
        Mexico and Charleston, South Carolina.
            (3) The inservice requalification training facility located 
        in Cheltenham, Maryland.
    (b) Training Enhancements.--The Secretary shall improve the 
training of agents within the Bureau of Customs and Border Protection 
and the Bureau of Immigration and Customs Enforcement and other 
personnel in the Department of Homeland Security with similar 
responsibilities. Such improvements shall include--
            (1) the acquisition of appropriate training aids;
            (2) hiring qualified instructors; and
            (3) instruction on fraudulent document detection.

SEC. 103. INTERAGENCY ASSET SHARING.

    (a) Study.--The Secretary, in consultation with the Secretary of 
Defense, shall conduct a study of the feasibility of using National 
Guard personnel and assets of the Department of Defense, including all 
terrain vehicles and unmanned aerial vehicles, to assist the Bureau of 
Customs and Border Protection.
    (b) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall submit a report, 
        in classified form, if necessary, to the appropriate 
        congressional committees.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the results of the study conducted under 
                subsection (a); and
                    (B) a plan to implement a program that employs 
                retired Federal law enforcement officers for border 
                security, if the Secretary determines that such plan is 
                feasible.
    (c) Implementation.--If the Secretary determines that the plan 
described in subsection (b)(2)(B) is feasible, the Secretary shall 
implement the plan not later than 90 days after the submission of the 
report to Congress under subsection (b).

SEC. 104. TECHNOLOGY AND INFRASTRUCTURE.

    (a) Technologies.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall submit a report, in 
classified form if necessary, to the appropriate congressional 
committees. The report shall contain a plan to utilize new and existing 
technologies to assist the Bureau of Customs and Border Protection and 
the Bureau of Immigration and Customs Enforcement in securing the 
border.
    (b) Border Wall.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall initiate a process 
        for planning, constructing, and maintaining a permanent 
        barrier, fence, or wall in appropriate areas along the border.
            (2) Report.--Not less frequently than once every 90 days, 
        the Secretary shall submit a report, in a classified form if 
        necessary, to the appropriate congressional committees on the 
        progress made in carrying out paragraph (1).
    (c) Detention Facilities.--
            (1) Construction.--The Attorney General shall plan, 
        construct, maintain, and acquire additional detention 
        facilities for the purpose of immigration detention and 
        removal.
            (2) Use of closed or unused military installations.--The 
        Secretary, in consultation with the Secretary of Defense, shall 
        conduct a study of the feasibility of using military 
        installations designated for closure or realignment as possible 
        immigration detention centers.
    (d) Ports of Entry.--
            (1) Infrastructure report.--The Administrator of General 
        Services shall submit an annual report to Congress that--
                    (A) describes the status of the infrastructure at 
                ports of entry into the United States; and
                    (B) identifies projects to improve security at such 
                ports of entry.
            (2) Vulnerability report.--Not less frequently than once 
        every 6 months, the Secretary shall submit a report, in 
        classified form if necessary, to the appropriate congressional 
        committees on vulnerabilities at ports of entry into the United 
        States.
            (3) Demonstration programs.--The Secretary shall establish 
        demonstration programs to evaluate and assess border security 
        and port of entry technologies.
    (e) Access Roads.--The Secretary is authorized to plan, construct, 
and maintain necessary access roads to secure the border.
    (f) Unmanned Aerial Vehicles and Associated Infrastructure.--The 
Secretary shall acquire and maintain unmanned aerial vehicles for use 
on the border, including related equipment such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (g) Acquisition of Additional Assets.--The Secretary shall--
            (1) plan, construct, and maintain new and existing 
        permanent and temporary checkpoints on the border; and
            (2) acquire and maintain physical assets necessary to 
        secure the border, including--
                    (A) all terrain vehicles;
                    (B) police vehicles;
                    (C) aircraft, including helicopters;
                    (D) interoperable communications equipment;
                    (E) firearms;
                    (F) sensors;
                    (G) cameras;
                    (H) lighting; and
                    (I) such other equipment, technologies, and other 
                assets necessary to secure the border.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for each of fiscal years 2007 through 2011--
                    (A) such sums as may be necessary to carry out 
                subsection (b);
                    (B) such sums as may be necessary to carry out 
                subsection (c);
                    (C) $150,000,000 to be used by the Secretary to 
                plan, construct, maintain, and implement improvement 
                projects identified under subsection (d)(1)(B);
                    (D) $25,000,000 to carry out subsection (d)(3); and
                    (E) $1,000,000,000 to carry out subsection (g).
            (2) Unmanned aerial vehicles.--There are authorized to be 
        appropriated to the Department of Homeland Security to carry 
        out subsection (f)--
                    (A) $178,400,000 for fiscal year 2007; and
                    (B) $276,000,000 for each of fiscal years 2008 and 
                2009.

SEC. 105. STATE AND LOCAL GRANTS.

    (a) Grants Authorized.--The Secretary shall award competitive 
grants to eligible State, local, and tribal law enforcement agencies to 
provide financial assistance for costs related to border security 
activities, including efforts to combat criminal activity within the 
jurisdiction of such agencies.
    (b) Use of Funds.--Grants awarded under this section shall be used 
to provide additional resources for law enforcement agencies to combat 
criminal activity occurring near the border, including--
            (1) law enforcement technologies;
            (2) equipment, such as police-type vehicles, all-terrain 
        vehicles, firearms, sensors, cameras, and lighting, and 
        maintenance for such equipment;
            (3) computer equipment; and
            (4) such other resources that may be available to assist 
        the law enforcement agency with border security.
    (c) Application.--A law enforcement agency desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require.
    (d) Selection Criteria.--In selecting grant recipients under this 
section, the Secretary shall give priority to applicants providing law 
enforcement for jurisdictions that--
            (1) are close to the border;
            (2) have small populations;
            (3) have more felony criminal cases filed per United States 
        district court judge;
            (4) are located in States with more undocumented aliens, 
        based on the most recent decennial census; or
            (5) are located in States with more undocumented alien 
        apprehensions in the most recent fiscal year.

                     TITLE II--AGRICULTURAL WORKERS

SEC. 201. LIMITATION ON H-2A NONIMMIGRANT WAGE REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Wage Equity 
Act of 2006''.
    (b) Conditions for Approval of H-2A Petitions.--Section 218(a) of 
the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
    ``(2)(A) In making the certification described in paragraph (1), 
the Secretary of Labor may not require an employer to pay workers am 
amount that is greater than--
            ``(i) the prevailing wage for seasonal agricultural workers 
        in the occupation in the area of intended employment, or
            ``(ii) the greater of--
                    ``(I) the hourly wage described in section 6(a)(1) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                206(a)(1)); or
                    ``(II) the applicable State minimum wage.
    ``(B) In complying with subparagraph (A)(i), an employer (or the 
employer's agent) may request and obtain a prevailing wage 
determination from the State employment security agency. An employer 
who obtains such a determination and pays the wage determined to be 
prevailing shall be considered to have met the requirement of 
subparagraph (A)(i).
    ``(C) In lieu of the procedure described in subparagraph (B), an 
employer may rely on other wage information, including a survey of the 
prevailing wages of workers in the occupation in the area of intended 
employment that has been conducted or funded by the employer or a group 
of employers, that meets criteria specified by the Secretary of Labor 
in regulations.
    ``(D) If the prevailing wage described in subparagraph (A)(i) is an 
hourly wage, the employer may pay workers in the occupation by an 
incentive method of pay such as a piece rate, task rate, group 
incentive rate, or other incentive method, if the average hourly 
earnings of the employer's workers paid by such incentive method, taken 
as a group, are at least equal to the prevailing hourly wage required 
by subparagraph (A)(i) for the hours worked at the incentive payment 
method, after making any additions to any worker's pay required to 
comply subparagraph (A)(ii).''.
    (c) Definition.--Section 218(i) of the Immigration and Nationality 
Act (8 U.S.C. 1188(i)) is amended by adding at the end the following:
            ``(3) The term `prevailing wage' means, with respect to an 
        agricultural occupation in an area of intended employment, the 
        rate of wages that includes the 51st percentile of employees 
        with similar experience and qualifications in the agricultural 
        occupation in the area of intended employment, expressed in 
        terms of the prevailing method of pay for the occupation in the 
        area of intended employment.''.

SEC. 202. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF DAY 
              LABORER SHELTERS.

    Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
            ``(2) Preemption.--This section preempts any State or local 
        law that--
                    ``(A) imposes civil or criminal sanctions (other 
                than through licensing and similar laws) upon those who 
                employ, or recruit or refer for employment (for a fee), 
                unauthorized aliens; or
                    ``(B) requires, as a condition of conducting, 
                continuing, or expanding a business, that a business 
                entity--
                            ``(i) provide, build, fund, or maintain a 
                        shelter, structure, or designated area for use 
                        by day laborers at or near its place of 
                        business; or
                            ``(ii) take other steps to facilitate the 
                        employment of day laborers by others.''.

                          TITLE III--PENALTIES

SEC. 301. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by striking ``10 years'' and 
                inserting ``15 years'';
                    (B) in clause (ii), by striking ``5 years'' and 
                inserting ``10 years''; and
                    (C) in clause (iii), by striking ``20 years'' and 
                inserting ``40 years'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``one year, or 
                both; or'' and inserting ``3 years, or both'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by adding at the end the 
                        following: ``be fined under title 18, United 
                        States Code, and imprisoned not less than 5 
                        years or more than 25 years;'';
                            (ii) in clause (ii), by striking ``or'' at 
                        the end and inserting the following: ``be fined 
                        under title 18, United States Code, and 
                        imprisoned not less than 3 years or more than 
                        20 years; or''; and
                            (iii) in clause (iii), by adding at the end 
                        the following: ``be fined under title 18, 
                        United States Code, and imprisoned not more 
                        than 15 years; or''; and
                    (C) by striking the matter following clause (iii) 
                and inserting the following:
                    ``(C) in the case of a third or subsequent offense 
                described in subparagraph (B) and for any other 
                violation, shall be fined under title 18, United States 
                Code, and imprisoned not less than 5 years nor more 
                than 15 years.'';
            (3) in paragraph (3)(A), by striking ``5 years'' and 
        inserting ``10 years''; and
            (4) in paragraph (4), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 302. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

    Section 1546 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 25 years'' and 
                inserting ``not less than 25 years'';
                    (B) by inserting ``and if the terrorism offense 
                resulted in the death of any person, shall be punished 
                by death or imprisoned for life,'' after ``section 2331 
                of this title)),'';
                    (C) by striking ``20 years'' and inserting 
                ``imprisoned not more than 40 years'';
                    (D) by striking ``10 years'' and inserting 
                ``imprisoned not more than 20 years''; and
                    (E) by striking ``15 years'' and inserting 
                ``imprisoned not more than 30 years''; and
            (2) in subsection (b), by striking ``5 years'' and 
        inserting ``10 years''.

SEC. 303. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    ``(a) Any alien unlawfully present in the United States, who 
commits, or conspires or attempts to commit, a crime of violence or a 
drug trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in prison.
    ``(b) If an alien who violates subsection (a) was previously 
ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime, the alien 
shall be sentenced to not less than 15 years in prison.
    ``(c) A sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment imposed for any 
other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following:

``52. Illegal aliens........................................    1131''.

SEC. 304. INCREASED CRIMINAL PENALTIES FOR CRIMINAL STREET GANGS.

    (a) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is determined by a court to be a 
                member of a criminal street gang (as defined in section 
                521(a) of title 18, United States Code) is 
                inadmissible.''.
    (b) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is determined by a court to be a 
                member of a criminal street gang (as defined in section 
                521(a) of title 18, United States Code) is 
                deportable.''.
    (c) Temporary Protected Status.--Section 244(c)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the alien is determined by a court 
                        to be a member of a criminal street gang (as 
                        defined in section 521(a) of title 18, United 
                        States Code).''.

SEC. 305. ADDITIONAL PENALTIES.

    (a) In General.--Section 218A of the Immigration and Nationality 
Act, as added by section 402, is amended by adding at the end the 
following:
    ``(f) Penalties.--
            ``(1) Guest workers.--A guest worker who violates any of 
        the terms described in subsection (d) shall be subject to 
        deportation and shall be ineligible to receive a nonimmigrant 
        visa under this section.
            ``(2) Employers.--
                    ``(A) Notification of violation.--An employer who 
                fails to notify the Secretary of Homeland Security 
                after discovering that a guest worker has violated any 
                of the terms described in subsection (d) shall be 
                ineligible to employ any alien in possession of a 
                nonimmigrant visa issued under section.
                    ``(B) Employment of illegal workers.--Any employer 
                who knowingly employs a worker in the United States who 
                is not authorized to work in the United States shall be 
                subject to--
                            ``(i) for the first violation, a civil 
                        penalty in an amount not to exceed $25,000; and
                            ``(ii) for the second or subsequent 
                        violation--
                                    ``(I) a term of imprisonment not to 
                                exceed 2 years for the individual who 
                                hired the unauthorized worker; and
                                    ``(II) disqualification of the 
                                employer from further participation in 
                                the guest worker program authorized 
                                under this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date which is 2 years after the date of the 
enactment of this Act.

                TITLE IV--REMOVAL AND VIOLATION TRACKING

SEC. 401. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary shall continue to operate 
        the Institutional Removal Program of the Department of Homeland 
        Security to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--Not later than 5 years after the date of 
        the enactment of this Act, the Secretary shall expand the 
        Institutional Removal Program to every State.
            (3) State participation.--The appropriate officials of each 
        State in which the Secretary is operating the Institutional 
        Removal Program should--
                    (A) cooperate with Federal officials carrying out 
                the Institutional Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in the prison and jail populations of 
                the State; and
                    (C) promptly convey the information described in 
                subparagraph (B) to the appropriate officials carrying 
                out the Institutional Removal Program.
    (b) Report to Congress.--Not later than 2 years after of the date 
of the enactment of this Act, the Secretary shall submit a report to 
Congress on the participation of the States in the Institutional 
Removal Program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out the expanded Institutional 
Removal Program authorized under subsection (a).

SEC. 402. AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR 
              LOCAL PRISON SENTENCE.

    (a) In General.--Law enforcement officers of a State or political 
subdivision of a State are authorized to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State or local 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 or local prison sentence to be detained by an 
        appropriate prison until personnel from the Bureau of 
        Immigration and Customs Enforcement can take the alien into 
        Federal custody.
    (b) Reimbursement.--
            (1) In general.--The Secretary shall reimburse a State or a 
        political subdivision of a State for all reasonable expenses 
        incurred by the State or the political subdivision for the 
        detention of an alien as described in subsection (a).
            (2) Cost computation.--The amount of reimbursement provided 
        for costs incurred carrying out subsection (a) shall be 
        determined pursuant to a formula determined by the Secretary.
    (c) Technology Usage.--Technology, such as videoconferencing, shall 
be used to the maximum extent possible to make the Institutional 
Removal Program available in remote locations. Mobile access to Federal 
databases of aliens and live scan technology shall be used to the 
maximum extent practicable to make these resources available to State 
and local law enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to reimburse a State or 
political subdivision of a State for the detention of an illegal alien 
pursuant to subsection (b).

SEC. 403. USE OF THE NATIONAL CRIME INFORMATION CENTER DATABASE TO 
              TRACK VIOLATIONS OF IMMIGRATION LAW.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall provide the 
        National Crime Information Center of the Department of Justice 
        with such information as the Director may have related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c); and
                    (C) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be provided to the 
        National Crime Information Center, and the Center shall enter 
        the information into the Immigration Violators File of the 
        National Crime Information Center database if the name and date 
        of birth are available for the individual, regardless of 
        whether the alien received notice of a final order of removal 
        or the alien has already been removed.
            (3) Removal of information.--If an individual is granted 
        cancellation of removal under section 240A of the Immigration 
        and Nationality Act (8 U.S.C. 1229b), or granted permission to 
        legally enter the United States pursuant to such Act after a 
        voluntary departure under section 240B of such Act (8 U.S.C. 
        1229c), information entered into the National Crime Information 
        Center under paragraph (1) shall be promptly removed.
    (b) Inclusion of Information in the National Crime Information 
Center 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 the alien has already been removed; and''.
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