**The Charlie Norwood CLEAR Act of 2007**

**Section-By-Section**

**Section 1 -- Title, Table of Contents, Definition, Severability**

-   Title "Clear Law Enforcement for criminal Alien Removal Act" --
    CLEAR Act.

-   "State" defined as in the Immigration and Nationality Act of 1996.

-   Adds severability clause.

**Section 2 -- Affirmation of Authority for State and Local Law
Enforcement**

-   Clarifies that State and local law enforcement officials already
    have existing, inherent authority to assist in enforcing immigration
    law during course of routine duty. *(Similar language passed the
    House during the 109th Congress ( by a 242-185 vote) as part of the
    DHS Authorization bill, HR 1817, roll call \# 185 on Norwood
    Amendment.)*

**Section 3 -- Denying SCAAP Funds to Sanctuary Localities;
Victim/Witness Protection**

-   Within 6 months of enactment, a State or locality with a practice,
    policy or statute prohibiting law enforcement from assisting with
    immigration enforcement will be ineligible for State Criminal Alien
    Assistance Program (SCAAP) funding.

-   Specifies that victims of crime and witnesses to crime need not be
    reported or arrested.

**Section 4 -- Listing of Immigration Violators in the National Crime
Information Center (NCIC) Database**

-   Within 6 months of passage, DHS shall provide the National Crime
    Information Center info on all aliens a) with a final order of
    removal, b) who have signed a voluntary departure agreement, c) who
    have overstayed their authorized period of stay (visa overstay),
    and d) who have had their visa revoked. *(This language passed the
    House by voice vote as the Norwood Amendment #119 to HR 1279.)*

**Section 5 -- Request for Information from State and Local Law
Enforcement**

-   States and localities are required to provide information on aliens
    apprehended in a timely manner.

-   DHS will report to Congress annually the degree to which States and
    localities report.

-   DHS shall reimburse States and localities for the cost of this
    reporting.

**Section 6 -- Financial Assistance to State and Local Law Enforcement
for Assistance**

-   Authorizes funding for the procurement of equipment, technology,
    facilities and other products directly related to assisting in the
    enforcement of immigration law.

-   In order to be eligible, a State or locality must have a written
    policy and practice to assist in the enforcement of immigration law.

-   Authorizes a GAO audit on this fund within 3 years to determine
    fund\'s effectiveness.

**Section 7 -- Increased Federal Detention Space/BRAC Reuse**

-   Additional construction authorized (20 facilities of at least 500
    beds each).

-   Directs DHS to examine the use of facilities being closed by BRAC
    for use.

**Section 8 -- Federal Custody of Aliens Guaranteed in 48 Hours**

-   Requires DHS to take an alien into custody or arrange custody with a
    local government within 48 hours of an arrest upon request from a
    State or locality.

-   Requires DHS to designate at least one facility per State as the
    central point for transferring custody of illegal aliens.

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-   Provides reimbursement to States and localities for the cost of
    transporting aliens to Federal custody, based on average costs.

-   Requires DHS to establish a regular circuit to pick up illegal
    aliens for Federal custody.

-   Authorizes funding for this purpose subject to GAO audit.

**Section 9 -- DHS Immigration Enforcement Training for State and Local
Law Enforcement**

-   Requires DHS to establish a training manual and pocket guide for law
    enforcement on how to assist in the enforcement of immigration law.
    *(Similar language passed the House on Amendment by a 242-185 vote
    as part of FY 2005 DHS Authorization bill, HR 1817, roll call \#
    185.)*

-   States that flexible training is available to, but not mandated for,
    State/local officers at no cost to the local government.

**Section 10 -- Immunity**

-   Personal liability immunity identical to Federal law enforcement is
    extended to State and local law enforcement if those officers are
    acting within the scope of their official duties.

-   Agency immunity for civil rights monetary damages (but not criminal
    laws).

**Section 11 -- Continuation and Expansion of Institutional Removal
Program**

-   Expands the current Federal program to all States.

-   Authorizes detention after the completion of a sentence for up to 14
    days until the Federal government can take custody.

-   Allows for technology usage to assist in the goals of the IRP
    program.

-   Authorizes increased appropriations for the IRP.

**Section 12 -- SCAAP Reauthorization**

-   Authorizes increased SCAAP funding to implement this Act.