I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3137 IH 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STATE DE2 FINED; SEVERABILITY. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Clear Law Enforcement for Criminal Alien Removal Act 

5 of 2005’’ or ‘‘CLEAR Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 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).

8 (c) STATE DEFINED.—For purposes of this Act, the 

9 term ‘‘State’’ has the meaning given such term in section 

10 101(a)(36) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(36)). 

12 (d) SEVERABILITY.—If any provision of this Act, or 

13 the application of such provision to any person or cir14 cumstance, is held invalid, the remainder of this Act, and 

15 the application of such provision to other persons not simi-
3

•HR 3137 IH 

1 larly situated or to other circumstances, shall not be af2 fected by such invalidation. 

3 SEC. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM4 MIGRATION LAW ENFORCEMENT BY STATES 

5 AND POLITICAL SUBDIVISIONS OF STATES. 

6 Notwithstanding any other provision of law and re7 affirming the existing inherent authority of States, law en8 forcement personnel of a State or a political subdivision 

9 of a State have the inherent authority of a sovereign entity 

10 to investigate, identify, apprehend, arrest, detain, or 

11 transfer to Federal custody aliens in the United States 

12 (including the transportation of such aliens across State 

13 lines to detention centers), for the purposes of assisting 

14 in the enforcement of the immigration laws of the United 

15 States in the course of carrying out routine duties. This 

16 State authority has never been displaced or preempted by 

17 the Congress. 

18 SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

19 ENFORCEMENT OF IMMIGRATION LAWS EN20 COURAGED. 

21 (a) IN GENERAL.—Effective 2 years after the date 

22 of the enactment of this Act, a State (or political subdivi23 sion of a State) that has in effect a statute, policy, or 

24 practice that prohibits law enforcement officers of the 

25 State, or of a political subdivision within the State, from 
4

•HR 3137 IH 

1 assisting or cooperating with Federal immigration law en2 forcement in the course of carrying out the officers’ rou3 tine law enforcement duties shall not receive any of the 

4 funds that would otherwise be allocated to the State under 

5 section 241(i) of the Immigration and Nationality Act (8 

6 U.S.C. 1231(i)). 

7 (b) CONSTRUCTION.—Nothing in this section shall 

8 require law enforcement officials from States or political 

9 subdivisions of States to report or arrest victims or wit10 nesses of a criminal offense. 

11 (c) REALLOCATION OF FUNDS.—Any funds that are 

12 not allocated to a State or political subdivision of a State 

13 due to the failure of the State to comply with subsection 

14 (a) shall be reallocated to States that comply with such 

15 subsection. 

16 SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN17 LAWFULLY PRESENT IN THE UNITED STATES. 

18 (a) ALIENS UNLAWFULLY PRESENT.—

19 (1) IN GENERAL.—Title II of the Immigration 

20 and Nationality Act (8 U.S.C. 1151 et seq.) is 

21 amended by inserting after section 275 the fol22 lowing: 

23 ‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN

24 THE UNITED STATES

25 ‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 

26 other penalty, an alien who is present in the United States 
5

•HR 3137 IH 

1 in violation of this Act shall be guilty of a felony and shall 

2 be fined under title 18, United States Code, imprisoned 

3 not less than 1 year and a day, or both. 

4 ‘‘(b) DEFENSE.—It shall be an affirmative defense 

5 to a violation of subsection (a) that the alien overstayed 

6 the time allotted under a visa due to an exceptional and 

7 extremely unusual hardship or physical illness that pre8 vented the alien from leaving the United States by the 

9 required date.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents of such Act is amended by inserting after the 

12 item relating to section 275 the following new item:

‘‘Sec. 275A. Criminal penalties for unlawful presence in the United States.’’.

13 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

14 ENTRY.—Section 275(a) of such Act (8 U.S.C. 1325(a)) 

15 is amended by striking ‘‘6 months,’’ and inserting ‘‘1 

16 year,’’. 

17 (c) INCREASE IN CIVIL PENALTIES FOR VARIOUS

18 VIOLATIONS OF THE IMMIGRATION LAWS OF THE UNITED

19 STATES.—Section 275(b) of such Act (8 U.S.C. 1325(b)) 

20 is amended to read as follows: 

21 ‘‘(b)(1) Subject to paragraph (2), any alien described 

22 in paragraph (3) shall be subject to a civil penalty of—

23 ‘‘(A) $500 for the first violation; 
6

•HR 3137 IH 

1 ‘‘(B) $1,000 in the case of an alien who has 

2 been once previously been subject to a civil penalty 

3 under this subsection; 

4 ‘‘(C) $2,500 in the case of an alien who has 

5 been twice previously been subject to a civil penalty 

6 under this subsection; or 

7 ‘‘(D) $5,000 in the case of an alien who has 

8 been three or more times previously been subject to 

9 a civil penalty under this subsection. 

10 ‘‘(2) In the case of an alien described in paragraph 

11 (3)(D), the alien shall be subject to civil penalties under 

12 this subsection that are 5 times the amounts set forth 

13 under paragraph (1). 

14 ‘‘(3) An alien described in this paragraph is an alien 

15 who—

16 ‘‘(A) is apprehended while entering (or attempt17 ing to enter) the United States at a time or place 

18 other than as designated by immigration officers; 

19 ‘‘(B) enters the United States without inspec20 tion; 

21 ‘‘(C) fails to depart the United States within 30 

22 days after the expiration date of a nonimmigrant 

23 visa or a voluntary departure agreement and is not 

24 in other lawful status; or 
7

•HR 3137 IH 

1 ‘‘(D) fails to depart the United States within 

2 30 days after the date of a final order of removal 

3 and is not in other lawful status. 

4 ‘‘(4) Civil penalties under this subsection are in addi5 tion to, and not in lieu of, any criminal or other civil pen6 alties that may be imposed.’’. 

7 (d) PERMISSION TO DEPART VOLUNTARILY.—Sec8 tion 240B of such Act (8 U.S.C. 1229c) is amended—

9 (1) by striking ‘‘Attorney General’’ and insert10 ing ‘‘Secretary of Homeland Security’’ each place it 

11 appears; and 

12 (2) in subsection (a)(2)(A), by striking ‘‘120 

13 days’’ and inserting ‘‘30 days’’. 

14 SEC. 5. LISTING OF IMMIGRATION VIOLATORS IN THE NA15 TIONAL CRIME INFORMATION CENTER DATA16 BASE. 

17 (a) PROVISION OF INFORMATION TO THE NCIC.—

18 Not later than 180 days after the date of the enactment 

19 of this Act, the Under Secretary for Border and Transpor20 tation Security of the Department of Homeland Security 

21 shall provide the National Crime Information Center of 

22 the Department of Justice with such information as the 

23 Under Secretary may have on any and all aliens against 

24 whom a final order of removal has been issued, any and 

25 all aliens who have signed a voluntary departure agree-
8

•HR 3137 IH 

1 ment, any and all aliens who have overstayed their author2 ized period of stay, and any and all aliens whose visas 

3 have been revoked. Such information shall be provided to 

4 the National Crime Information Center, and the National 

5 Crime Information Center shall enter such information 

6 into the Immigration Violators File of the National Crime 

7 Information Center database, regardless of whether—

8 (1) the alien received notice of a final order of 

9 removal; 

10 (2) the alien has already been removed; or 

11 (3) sufficient identifying information is avail12 able on the alien. 

13 (b) INCLUSION OF INFORMATION IN THE NCIC 

14 DATABASE.—Section 534(a) of title 28, United States 

15 Code, is amended—

16 (1) in paragraph (3), by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (4) as para19 graph (5); and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) acquire, collect, classify, and preserve 

23 records of violations of the immigration laws of the 

24 United States, regardless of whether the alien has 

25 received notice of the violation or whether sufficient 
9

•HR 3137 IH 

1 identifying information is available on the alien and 

2 even if the alien has already been removed; and’’. 

3 SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION 

4 OF INFORMATION ABOUT APPREHENDED IL5 LEGAL ALIENS. 

6 (a) PROVISION OF INFORMATION.—In compliance 

7 with section 642(a) of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 

9 and section 434 of the Personal Responsibility and Work 

10 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 

11 each State and each political subdivision of a State is en12 couraged to provide the Department of Homeland Security 

13 in a timely manner with the information listed in sub14 section (b) on each alien apprehended in the jurisdiction 

15 of the State or political subdivision who is believed to be 

16 in violation of the immigration laws of the United States. 

17 (b) INFORMATION REQUIRED.—The information list18 ed in this subsection is as follows: 

19 (1) The alien’s name. 

20 (2) The alien’s address or place of residence. 

21 (3) A physical description of the alien. 

22 (4) The date, time, and location of the encoun23 ter with the alien and reason for stopping, detaining, 

24 apprehending, or arresting the alien. 
10

•HR 3137 IH 

1 (5) If applicable, the alien’s driver’s license 

2 number and the State of issuance of such license. 

3 (6) If applicable, the type of any other identi4 fication document issued to the alien, any designa5 tion number contained on the identification docu6 ment, and the issuing entity for the identification 

7 document. 

8 (7) If applicable, the license plate number, 

9 make, and model of any automobile registered to, or 

10 driven by, the alien. 

11 (8) A photo of the alien, if available or readily 

12 obtainable. 

13 (9) The alien’s fingerprints, if available or read14 ily obtainable. 

15 (c) ANNUAL REPORT ON REPORTING.—The Sec16 retary shall maintain and annually submit to Congress a 

17 detailed report listing the States or political subdivisions 

18 of States that are providing information under subsection 

19 (a). 

20 (d) REIMBURSEMENT.—The Department of Home21 land Security shall reimburse States and political subdivi22 sions of a State for all reasonable costs, as determined 

23 by the Secretary of Homeland Security, incurred by that 

24 State or political subdivision as a result of providing infor25 mation under this section. 
11

•HR 3137 IH 

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as are necessary 

3 to carry out this section. 

4 (f) CONSTRUCTION.— Nothing in this section shall 

5 require law enforcement officials of a State or political 

6 subdivision of a State to provide the Department of Home7 land Security with information related to a victim of a 

8 crime or witness to a criminal offense. 

9 SEC. 7. FINANCIAL ASSISTANCE TO STATE AND LOCAL PO10 LICE AGENCIES THAT ASSIST IN THE EN11 FORCEMENT OF IMMIGRATION LAWS. 

12 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

13 AND PROCESSING ILLEGAL ALIENS.—From amounts 

14 made available to make grants under this section, the Sec15 retary of Homeland Security shall make grants to States 

16 and political subdivisions of States for procurement of 

17 equipment, technology, facilities, and other products that 

18 facilitate and are directly related to investigating, appre19 hending, arresting, detaining, or transporting immigration 

20 law violators, including additional administrative costs in21 curred under this Act. 

22 (b) ELIGIBILITY.—To be eligible to receive a grant 

23 under this section, a State or political subdivision of a 

24 State must have the authority to, and have in effect the 

25 policy and practice to, assist in the enforcement of the 
12

•HR 3137 IH 

1 immigration laws of the United States in the course of 

2 carrying out such agency’s routine law enforcement duties. 

3 (c) FUNDING.—There is authorized to be appro4 priated for grants under this section $1,000,000,000 for 

5 each fiscal year. 

6 (d) GAO AUDIT.—Not later than 3 years after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall conduct an audit of funds dis9 tributed to States and political subdivisions of States 

10 under subsection (a). 

11 SEC. 8. INCREASED FEDERAL DETENTION SPACE. 

12 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

13 FACILITIES.—

14 (1) IN GENERAL.—The Secretary of Homeland 

15 Security shall construct or acquire, in addition to ex16 isting facilities for the detention of aliens, 20 deten17 tion facilities in the United States, with at least 500 

18 beds per facility, for aliens detained pending removal 

19 or a decision on removal of such alien from the 

20 United States. 

21 (2) DETERMINATIONS.—The location of any de22 tention facility built or acquired in accordance with 

23 this subsection shall be determined by the Deputy 

24 Assistant Director of the Detention Management Di25 vision of the Immigration and Customs Enforcement 
13

•HR 3137 IH 

1 Office of Detention and Removal within the U.S. 

2 Immigration and Customs Enforcement. 

3 (3) USE OF INSTALLATIONS UNDER BASE CLO4 SURE LAWS.—In acquiring detention facilities under 

5 this subsection, the Secretary of Homeland Security 

6 shall consider the transfer of appropriate portions of 

7 military installations approved for closure or realign8 ment under the Defense Base Closure and Realign9 ment Act of 1990 (part A of title XXIX of Public 

10 Law 101–510; 10 U.S.C. 2687 note) for use in ac11 cordance with paragraph (1). 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section. 

15 (c) TECHNICAL AND CONFORMING AMENDMENT.—

16 Section 241(g)(1) of the Immigration and Nationality Act 

17 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex18 pend’’ and inserting ‘‘shall expend’’. 

19 SEC. 9. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE20 HENDED BY STATE OR LOCAL LAW ENFORCE21 MENT. 

22 (a) STATE APPREHENSION.—

23 (1) IN GENERAL.—Title II of the Immigration 

24 and Nationality Act (8 U.S.C. 1151 et seq.) is 
14

•HR 3137 IH 

1 amended by inserting after section 240C the fol2 lowing: 

3 ‘‘CUSTODY OF ILLEGAL ALIENS

4 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE

5 AND LOCAL OFFICIALS.—If a State (or, if appropriate, 

6 a political subdivision of the State) exercising authority 

7 with respect to the apprehension or arrest of an illegal 

8 alien submits a request to the Secretary of Homeland Se9 curity that the alien be taken into Federal custody, the 

10 Secretary of Homeland Security—

11 ‘‘(1) shall—

12 ‘‘(A) not later than 48 hours after the con13 clusion of the State charging process or dis14 missal process, or if no State charging or dis15 missal process is required, not later than 48 

16 hours after the illegal alien is apprehended, 

17 take the illegal alien into the custody of the 

18 Federal Government and incarcerate the alien; 

19 or 

20 ‘‘(B) request that the relevant State or 

21 local law enforcement agency temporarily incar22 cerate or transport the illegal alien for transfer 

23 to Federal custody; and 

24 ‘‘(2) shall designate at least one Federal, State, 

25 or local prison or jail or a private contracted prison 

26 or detention facility within each State as the central 
15

•HR 3137 IH 

1 facility for that State to transfer custody of the 

2 criminal or illegal aliens to the Department of 

3 Homeland Security. 

4 ‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL

5 DETENTION FACILITIES.—In carrying out section 

6 241(g)(1), the Attorney General or Secretary of Homeland 

7 Security shall ensure that an alien arrested under this Act 

8 shall be detained, pending the alien’s being taken for the 

9 examination under this section, in a State or local prison, 

10 jail, detention center, or other comparable facility. Not11 withstanding any other provision of law or regulation, 

12 such facility is adequate for detention, if—

13 ‘‘(1) such a facility is the most suitably located 

14 Federal, State, or local facility available for such 

15 purpose under the circumstances; 

16 ‘‘(2) an appropriate arrangement for such use 

17 of the facility can be made; and 

18 ‘‘(3) such facility satisfies the standards for the 

19 housing, care, and security of persons held in cus20 tody of a United States marshal. 

21 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

22 Security shall reimburse States and political subdivisions 

23 of States for all reasonable expenses, as determined by the 

24 Secretary, incurred by the State or political subdivision 

25 in the incarceration and transportation of an illegal alien 
16

•HR 3137 IH 

1 as described in subparagraphs (A) and (B) of subsection 

2 (a)(1). Compensation provided for costs incurred under 

3 such subparagraphs shall be the average cost of incarcer4 ation of a prisoner in the relevant State, as determined 

5 by the chief executive officer of a State (or, as appropriate, 

6 a political subdivision of the State) plus the cost of trans7 porting the criminal or illegal alien from the point of ap8 prehension, to the place of detention, and to the custody 

9 transfer point if the place of detention and place of cus10 tody are different. 

11 ‘‘(d) SECURE FACILITIES.—The Secretary of Home12 land Security shall ensure that illegal aliens incarcerated 

13 in Federal facilities pursuant to this Act are held in facili14 ties that provide an appropriate level of security. 

15 ‘‘(e) TRANSFER.—

16 ‘‘(1) IN GENERAL.—In carrying out this sec17 tion, the Secretary of Homeland Security shall es18 tablish a regular circuit and schedule for the prompt 

19 transfer of apprehended illegal aliens from the cus20 tody of States and political subdivisions of States to 

21 Federal custody. 

22 ‘‘(2) CONTRACTS.—The Secretary of Homeland 

23 Security may enter into contracts, including appro24 priate private contracts, to implement this sub25 section. 
17

•HR 3137 IH 

1 ‘‘(f) DEFINITION.—For purposes of this section, the 

2 term ‘illegal alien’ means an alien who—

3 ‘‘(1) entered the United States without inspec4 tion or at any time, manner or place other than that 

5 designated by the Secretary of Homeland Security; 

6 ‘‘(2) was admitted as a nonimmigrant and who, 

7 at the time the alien was taken into custody by the 

8 State or a political subdivision of the State, had 

9 failed to—

10 ‘‘(A) maintain the nonimmigrant status in 

11 which the alien was admitted or to which it was 

12 changed under section 248; or 

13 ‘‘(B) comply with the conditions of any 

14 such status; 

15 ‘‘(3) was admitted as an immigrant and has 

16 subsequently failed to comply with the requirements 

17 of that status; or 

18 ‘‘(4) failed to depart the United States under a 

19 voluntary departure agreement or under a final 

20 order of removal. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS FOR THE

22 DETENTION AND TRANSPORTATION TO FEDERAL CUS23 TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 

24 authorized to be appropriated $500,000,000 for the deten25 tion and removal of aliens not lawfully present in the 
18

•HR 3137 IH 

1 United States under this Act for fiscal year 2006 and each 

2 subsequent fiscal year.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents of such Act is amended by inserting after the 

5 item relating to section 240C the following new item:

‘‘Sec. 240D. Custody of illegal aliens.’’.

6 (b) GAO AUDIT.—Not later than 3 years after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall conduct an audit of compensa9 tion to States and political subdivisions of States for the 

10 incarceration of illegal aliens under section 240D(a) of the 

11 Immigration and Nationality Act (as inserted by sub12 section (a)(1)). 

13 SEC. 10. TRAINING OF STATE AND LOCAL LAW ENFORCE14 MENT PERSONNEL RELATING TO THE EN15 FORCEMENT OF IMMIGRATION LAWS. 

16 (a) ESTABLISHMENT OF TRAINING MANUAL AND

17 POCKET GUIDE.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Homeland 

19 Security shall establish—

20 (1) a training manual for law enforcement per21 sonnel of a State or political subdivision of a State 

22 to train such personnel in the investigation, identi23 fication, apprehension, arrest, detention, and trans24 fer to Federal custody of aliens in the United States 

25 (including the transportation of such aliens across 
19

•HR 3137 IH 

1 State lines to detention centers and the identifica2 tion of fraudulent documents); and 

3 (2) an immigration enforcement pocket guide 

4 for law enforcement personnel of a State or political 

5 subdivision of a State to provide a quick reference 

6 for such personnel in the course of duty. 

7 (b) AVAILABILITY.—The training manual and pocket 

8 guide established in accordance with subsection (a) shall 

9 be made available to all State and local law enforcement 

10 personnel. 

11 (c) APPLICABILITY.—Nothing in this section shall be 

12 construed to require State or local law enforcement per13 sonnel to carry the training manual or pocket guide estab14 lished under subsection (a)(2) with them while on duty. 

15 (d) COSTS.—The Department of Homeland Security 

16 shall be responsible for any and all costs incurred in estab17 lishing the training manual and pocket guide under sub18 section (a). 

19 (e) TRAINING FLEXIBILITY.—

20 (1) IN GENERAL.—The Department of Home21 land Security shall make training of State and local 

22 law enforcement officers available through as many 

23 means as possible, including residential training at 

24 the Center for Domestic Preparedness, onsite train25 ing held at State or local police agencies or facilities, 
20

•HR 3137 IH 

1 online training courses by computer, teleconfer2 encing, and videotape, or the digital video display 

3 (DVD) of a training course or courses. E-learning 

4 through a secure, encrypted distributed learning sys5 tem that has all its servers based in the United 

6 States, is sealable, survivable, and can have a portal 

7 in place within 30 days, shall be made available by 

8 the Federal Law Enforcement Training Center Dis9 tributed Learning Program for State and local law 

10 enforcement personnel. 

11 (2) FEDERAL PERSONNEL TRAINING.—The 

12 training of State and local law enforcement per13 sonnel under this section shall not displace the train14 ing of Federal personnel. 

15 (3) CLARIFICATION.—Nothing in this Act or 

16 any other provision of law shall be construed as 

17 making any immigration-related training a require18 ment for, or prerequisite to, any State or local law 

19 enforcement officer to assist in the enforcement of 

20 Federal immigration laws in the normal course of 

21 carrying out their normal law enforcement duties. 

22 (f) TRAINING LIMITATION.—Section 287(g) of the 

23 Immigration and Nationality Act (8 U.S.C. 1357(g)) is 

24 amended—
21

•HR 3137 IH 

1 (1) by striking ‘‘Attorney General’’ and insert2 ing ‘‘Secretary of Homeland Security’’ each place it 

3 appears; and 

4 (2) in paragraph (2), by adding at the end the 

5 following: ‘‘Such training shall not exceed 14 days or 

6 80 hours, whichever is longer.’’. 

7 SEC. 11. IMMUNITY. 

8 (a) PERSONAL IMMUNITY.—Notwithstanding any 

9 other provision of law, a law enforcement officer of a State 

10 or local law enforcement agency who is acting within the 

11 scope of the officer’s official duties shall be immune, to 

12 the same extent as a Federal law enforcement officer, 

13 from personal liability arising out of the performance of 

14 any duty described in this Act. 

15 (b) AGENCY IMMUNITY.—Notwithstanding any other 

16 provision of law, a State or local law enforcement agency 

17 shall be immune from any claim for money damages based 

18 on Federal, State, or local civil rights law for an incident 

19 arising out of the enforcement of any immigration law, 

20 except to the extent a law enforcement officer of that 

21 agency committed a violation of Federal, State, or local 

22 criminal law in the course of enforcing such immigration 

23 law. 

24 SEC. 12. INSTITUTIONAL REMOVAL PROGRAM (IRP). 

25 (a) CONTINUATION AND EXPANSION.—
22

•HR 3137 IH 

1 (1) IN GENERAL.—The Department of Home2 land Security shall continue to operate and imple3 ment the program known as the Institutional Re4 moval Program (IRP) which—

5 (A) identifies removable criminal aliens in 

6 Federal and State correctional facilities; 

7 (B) ensures such aliens are not released 

8 into the community; and 

9 (C) removes such aliens from the United 

10 States after the completion of their sentences. 

11 (2) EXPANSION.—The institutional removal 

12 program shall be extended to all States. Any State 

13 that receives Federal funds for the incarceration of 

14 criminal aliens shall—

15 (A) cooperate with officials of the institu16 tional removal program; 

17 (B) expeditiously and systematically iden18 tify criminal aliens in its prison and jail popu19 lations; and 

20 (C) promptly convey such information to 

21 officials of such program as a condition for re22 ceiving such funds. 

23 (b) AUTHORIZATION FOR DETENTION AFTER COM24 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
23

•HR 3137 IH 

1 enforcement officers of a State or political subdivision of 

2 a State have the authority to—

3 (1) hold an illegal alien for a period of up to 

4 14 days after the alien has completed the alien’s 

5 State prison sentence in order to effectuate the 

6 transfer of the alien to Federal custody when the 

7 alien is removable or not lawfully present in the 

8 United States; or 

9 (2) issue a detainer that would allow aliens who 

10 have served a State prison sentence to be detained 

11 by the State prison until personnel from the U.S. 

12 Immigration and Customs Enforcement can take the 

13 alien into custody. 

14 (c) TECHNOLOGY USAGE.—Technology such as video 

15 conferencing shall be used to the maximum extent possible 

16 in order to make the Institutional Removal Program 

17 (IRP) available in remote locations. Mobile access to Fed18 eral databases of aliens, such as IDENT, and live scan 

19 technology shall be used to the maximum extent prac20 ticable in order to make these resources available to State 

21 and local law enforcement agencies in remote locations. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out the institutional 

24 removal program—

25 (1) $100,000,000 for fiscal year 2007; 
24

•HR 3137 IH 

1 (2) $115,000,000 for fiscal year 2008; 

2 (3) $130,000,000 for fiscal year 2009; 

3 (4) $145,000,000 for fiscal year 2010; and 

4 (5) $160,000,000 for fiscal year 2011. 

5 SEC. 13. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

6 (SCAAP). 

7 Section 241(i)(5) of the Immigration and Nationality 

8 Act (8 U.S.C. 1231(i)) is amended by inserting before the 

9 period at the end the following: ‘‘and $1,000,000,000 for 

10 each subsequent fiscal year’’.

Æ