I 

108TH CONGRESS 

1ST SESSION H. R. 2671

To provide for enhanced Federal, State, and local enforcement of the 

immigration laws of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2003

Mr. NORWOOD (for himself, Mr. BOYD, Ms. HART, and Mr. DEAL of Georgia) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

To provide for enhanced Federal, State, and local 

enforcement of the immigration laws of the United States.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clear Law Enforce5 ment for Criminal Alien Removal Act of 2003’’ or the 

6 ‘‘CLEAR Act of 2003’’. 
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1 TITLE I—ENHANCING FEDERAL, 

2 STATE, AND LOCAL ENFORCE3 MENT OF THE IMMIGRATION 

4 LAWS 

5 SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW 

6 ENFORCEMENT BY STATES AND POLITICAL 

7 SUBDIVISIONS OF STATES. 

8 Notwithstanding any other provision of law and re9 affirming the existing general authority, law enforcement 

10 personnel of a State or a political subdivision of a State 

11 are fully authorized to investigate, apprehend, detain, or 

12 remove aliens in the United States (including the trans13 portation of such aliens across State lines to detention 

14 centers), in the enforcement of the immigration laws of 

15 the United States. 

16 SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF 

17 FEDERAL IMMIGRATION LAWS ENCOURAGED. 

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

19 of the enactment of this Act, a State (or political subdivi20 sion of a State) that fails to have in effect a statute that 

21 expressly authorizes law enforcement officers of the State, 

22 or of a political subdivision within the State, to enforce 

23 Federal immigration laws in the course of carrying out 

24 the officer’s law enforcement duties shall not receive any 

25 of the funds that would otherwise be allocated to the State 
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1 under section 241(i) of the Immigration and Nationality 

2 Act (8 U.S.C. 1231(i)). 

3 (b) REALLOCATION OF FUNDS.—Any funds that are 

4 not allocated due to failure to comply with this section 

5 shall be reallocated to States that comply with this section. 

6 SEC. 103. ESTABLISHMENT OF CRIMINAL PENALTIES AND 

7 FORFEITURE FOR ALIENS UNLAWFULLY 

8 PRESENT IN THE UNITED STATES, ENHANCE9 MENT OF CRIMINAL AND CIVIL PENALTIES 

10 FOR ALIENS WHO ILLEGALLY ENTER THE 

11 UNITED STATES, AND STATE AND LOCAL EN12 TITLEMENT TO CIVIL PENALTIES COL13 LECTED DUE TO STATE AND LOCAL IMMIGRA14 TION LAW ENFORCEMENT AND APPREHEN15 SION OF VIOLATORS. 

16 (a) ALIENS UNLAWFULLY PRESENT.—The Immigra17 tion and Nationality Act is amended by adding after sec18 tion 275 the following new section: 

19 ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR

20 UNLAWFUL PRESENCE IN THE UNITED STATES

21 ‘‘SEC. 275A. Any alien present in the United States 

22 in violation of this Act shall be fined under title 18, United 

23 States Code, imprisoned not more than one year, or both. 

24 The assets of any alien present in the United States in 

25 violation of this Act shall be subject to forfeiture under 

26 title 18, United States Code.’’. 
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1 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

2 ENTRY.—Section 275(a) of the Immigration and Nation3 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘6 

4 months,’’ and inserting ‘‘one year,’’. 

5 (c) INCREASE IN CIVIL PENALTIES FOR VARIOUS

6 VIOLATIONS OF THE IMMIGRATION LAWS OF THE UNITED

7 STATES.—Section 275(b) of the Immigration and Nation8 ality Act (8 U.S.C. 1325(b)) is amended to read as fol9 lows: 

10 ‘‘(b)(1) Any alien described in paragraph (2) shall be 

11 subject to a civil penalty of—

12 ‘‘(A) $500 for the first violation; 

13 ‘‘(B) $2,500 in the case of an alien who has 

14 been once previously subject to a civil penalty under 

15 this subsection; 

16 ‘‘(C) $5,000 in the case of an alien who has 

17 been twice previously subject to a civil penalty under 

18 this subsection; and 

19 ‘‘(D) $10,000 in the case of an alien who has 

20 been three or more times previously subject to a civil 

21 penalty under this subsection. 

22 ‘‘(2)(A) An alien described—

23 ‘‘(i) is apprehended while entering (or attempt24 ing to enter) the United States at a time or place 

25 other than as designated by immigration officers; 
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1 ‘‘(ii) enters the United States without inspec2 tion; 

3 ‘‘(iii) fails to depart the United States within 

4 30 days after the expiration of a nonimmigrant visa 

5 or a voluntary departure agreement and is not in 

6 other lawful status; or 

7 ‘‘(iv) fails to depart the United States within 30 

8 days after a final order of removal and is not in 

9 other lawful status. 

10 ‘‘(B) In the case of an alien described in sub11 paragraph (A)(iv) who fails to depart the United 

12 States within 30 days after a final order of removal, 

13 the alien shall be subject to civil penalties under this 

14 subsection that are 5 times the amounts set forth 

15 under paragraph (1). 

16 ‘‘(3) Civil penalties under this subsection are in addi17 tion to, and not in lieu of any criminal or other civil pen18 alties that may be imposed.’’. 

19 (d) INCREASE IN CIVIL PENALTIES FOR FAILURE TO

20 DEPART.—Section 274D(a) of the Immigration and Na21 tionality Act (8 U.S.C. 1324d(a)) is amended by striking 

22 ‘‘not more than’’. 

23 (e) FORFEITURE FOR FAILURE TO DEPART FOR

24 MORE THAN ONE YEAR.—Section 274D of the Immigra25 tion and Nationality Act (8 U.S.C. 1324d) is amended—
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1 (1) by redesignating subsection (b) as sub2 section (c); and 

3 (2) by inserting after subsection (a) the fol4 lowing new subsection: 

5 ‘‘(b) FORFEITURE FOR LONG-TERM FAILURE TO

6 DEPART.—The assets of any alien in violation of sub7 section (a) for more than one year shall be subject to for8 feiture under title 18, United States Code.’’. 

9 (f) PAYMENT OF CIVIL PENALTIES WHEN ILLEGAL

10 ALIENS APPREHENDED BY STATE AND LOCAL LAW EN11 FORCEMENT.—Section 280 of the Immigration and Na12 tionality Act (8 U.S.C. 1330) is amended by adding at 

13 the end the following: 

14 ‘‘(c) Notwithstanding any other provision of law, half 

15 of the amounts deposited in the Immigration Enforcement 

16 Account from the payment of any civil penalties or asset 

17 forfeiture collected under section 274D, 275, or 276 as 

18 a result of the apprehension of a violator by law enforce19 ment officials of a State or a political subdivision of a 

20 State shall be paid to the appropriate law enforcement 

21 agency of a State or a political subdivision of a State re22 sponsible for the apprehension of the violator.’’. 

23 (g) PERMISSION TO DEPART VOLUNTARILY.—Sec24 tion 240B(a)(2)(A) of the Immigration and Nationality 
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1 Act (8 U.S.C. 1229c(a)(2)(A)) is amended by striking 

2 ‘‘120’’ and inserting ‘‘30’’. 

3 SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NA4 TIONAL CRIME INFORMATION CENTER DATA5 BASE. 

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

7 Within 180 days after the date of the enactment of this 

8 section, the Director of Border and Transportation Secu9 rity of the Department of Homeland Security shall provide 

10 the National Crime Information Center of the Department 

11 of Justice with such information as the Commissioner may 

12 have on any person who has violated any immigration law 

13 of the United States. 

14 (b) INCLUSION OF INFORMATION IN THE NCIC 

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

16 Code, is amended by redesignating paragraph (4) as para17 graph (5) and inserting after paragraph (3) the following: 

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

19 records of violations of the immigration laws of the 

20 United States; and’’. 

21 SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI22 SION OF INFORMATION ABOUT APPRE23 HENDED ILLEGAL ALIENS. 

24 (a) IN GENERAL.—Every state or locality must 

25 have a policy that requires the State or entity (as 
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1 applicable) to provide to the Department of Justice 

2 and the Department of Homeland Security the infor3 mation under subsection (b) on each alien in viola4 tion of the immigration laws of the United States 

5 apprehended in the jurisdiction. Information re6 quired by this subsection shall be provided not later 

7 than 10 days after the alien was encountered within 

8 such jurisdiction and shall be provided in such form 

9 and in such manner as the Attorney General may by 

10 regulation or guideline require. Failure to have such 

11 a policy and practice by any State or locality shall 

12 result in ineligibility for funds under section 241(i) 

13 of the Immigration and Nationality Act until such a 

14 policy is implemented. 

15 (b) INFORMATION REQUIRED.—The information re16 quired by subsection (a) is as follows: 

17 (1) The alien’s name. 

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

19 (3) A physical description of the alien. 

20 (4) The date, time, and location of the encoun21 ter with the alien and reason for stopping, detaining, 

22 apprehending, or arresting the alien. 

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

24 number and the State of issuance of such license. 
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1 (6) If applicable, the type of any other identi2 fication document issued to the alien, any designa3 tion number contained on the identification docu4 ment, and the issuing entity for the identification 

5 document. 

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

7 make and model of any automobile registered to, or 

8 driven by, the alien. 

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

10 obtainable. 

11 (9) The alien’s fingerprints, if available or read12 ily obtainable. 

13 (c) INCOMPLETE REPORTING.—If the Attorney Gen14 eral finds that a State or a political subdivision of a State 

15 engages in a pattern or practice of submission of incom16 plete information under subsection (b) or noncompliance 

17 under subsection (a), the Attorney General shall notify the 

18 State or political subdivision of a State of such finding 

19 (and detail the instances and areas of deficiency). Not 

20 later than 30 days after a notification under this para21 graph, the State or political subdivision of a State shall 

22 submit to the Attorney General a detailed written response 

23 to the notification (which addresses each instance and 

24 area of deficiency under the notification) and a detailed 
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1 plan for correcting any deficiencies in the submission of 

2 such information. 

3 SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

4 POLICE AGENCIES THAT ENFORCE IMMIGRA5 TION LAWS. 

6 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

7 AND PROCESSING ILLEGAL ALIENS.—From amounts 

8 made available to make grants under this section, the At9 torney General shall make grants to local law enforcement 

10 agencies for procurement of equipment, technology, facili11 ties, and other products that facilitate and are directly re12 lated to housing and processing illegal aliens in custody 

13 for immigration law violations, including additional ad14 ministrative costs incurred under this Act. 

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

16 under this section, the local law enforcement agency must 

17 have the authority to, and have in effect the policy and 

18 practice to, enforce Federal immigration laws in the 

19 course of carrying out such agency’s law enforcement du20 ties. 

21 (c) FUNDING.—There is authorized to be appro22 priated for grants under this section $1,000,000,000 for 

23 each fiscal year.
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1 SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE2 HENDED BY STATE OR LOCAL LAW ENFORCE3 MENT. 

4 (a) AMENDMENT TO IMMIGRATION AND NATION5 ALITY ACT.—The Immigration and Nationality Act is 

6 amended by adding after section 240C the following new 

7 section: 

8 ‘‘CUSTODY OF ILLEGAL ALIENS

9 ‘‘SEC. 240D. 

10 ‘‘(a) If the chief executive officer of a State (or, if 

11 appropriate, a political subdivision of the State) exercising 

12 authority with respect to the apprehension of an illegal 

13 alien submits a request to the Attorney General or the 

14 Secretary of the Department of Homeland Security, the 

15 Attorney General or Secretary shall—

16 ‘‘(1) enter into a contractual arrangement 

17 which provides for compensation to the State or a 

18 political subdivision of the State, as may be appro19 priate, with respect to the incarceration of the illegal 

20 alien; 

21 ‘‘(2) take the illegal alien into the custody of 

22 the Federal Government and incarcerate the alien; 

23 or 

24 ‘‘(3) designate a Federal, State, or local prison 

25 or jail or a private contracted prison or detention fa26 cility within a region as the central facility for that 
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1 region to maintain custody of the criminal or illegal 

2 aliens.’’. 

3 ‘‘(b) Compensation under subsection (a)(1) shall be 

4 the average cost of incarceration of a prisoner in the rel5 evant State as determined by the chief executive officer 

6 of a State (or, as appropriate, a political subdivision of 

7 the State). 

8 ‘‘(c) For purposes of this section, the term ‘illegal 

9 alien’ means an alien who—

10 ‘‘(1) entered the United States without inspec11 tion or at any time or place other than as designated 

12 by the Attorney General or the Secretary of the De13 partment of Homeland Security; 

14 ‘‘(2) was admitted as a nonimmigrant and at 

15 the time he or she was taken into custody by the 

16 State or a political subdivision of the State has 

17 failed to maintain the nonimmigrant status in which 

18 the alien was admitted or to which it was changed 

19 under section 248, or to comply with the conditions 

20 of any such status; or 

21 ‘‘(3) failed to depart the United States under a 

22 voluntary departure agreement or under a final 

23 order of removal. 

24 ‘‘(d) The Attorney General or the Secretary of the 

25 Department of Homeland Security shall ensure that un-
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1 documented aliens incarcerated in Federal facilities pursu2 ant to this subsection are held in facilities which provide 

3 an appropriate level of security. 

4 ‘‘(e) In carrying out this section, the Attorney Gen5 eral or the Secretary of the Department of Homeland Se6 curity will establish a regular circuit and schedule for the 

7 prompt collection of apprehended undocumented aliens 

8 from the custody of States and political subdivisions of 

9 States to Federal custody. The Attorney General or the 

10 Secretary of the Department of Homeland Security is au11 thorized to enter into contracts to implement this sub12 section. 

13 ‘‘(f) Notwithstanding any other provision of this Act 

14 or any other law, one-third of immigrant and non15 immigrant visa fees and adjustment of status fees, as des16 ignated by the Attorney General or the Secretary of the 

17 Department of Homeland Security in regulations, shall be 

18 deposited as offsetting receipts into a separate account en19 titled ‘State and Local Immigration Law Enforcement Fee 

20 Account’ in the Treasury of the United States. The Attor21 ney General or the Secretary of the Department of Home22 land Security shall set all such fees at a level that will 

23 ensure receipt of amounts sufficient to pay the full costs 

24 of carrying out the provisions of this section, the full costs 

25 of processing visas, and a significant portion of the costs
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1 of Federal enforcement of immigration violations. 

2 Amounts deposited into the fee account shall be available, 

3 without further appropriation, to the Attorney General or 

4 the Secretary of the Department of Homeland Security 

5 to carry out the provisions of this section. All deposits into 

6 the fee account shall remain available until expended.’’. 

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

8 date of the enactment of this Act, the General Accounting 

9 Office shall conduct an audit of compensation to States 

10 and political subdivisions of States for the incarceration 

11 of illegal aliens under section 240D(a) of the Immigration 

12 and Nationality Act (as amended by subsection (a)). 

13 SEC. 108. ESTABLISHMENT OF PROCESS FOR CLAIMS BY 

14 STATES AND LOCALITIES AGAINST THE FED15 ERAL GOVERNMENT FOR FAILURE TO FA16 CILITATE THE COOPERATION OF STATES AND 

17 LOCALITIES IN THE ENFORCEMENT OF THE 

18 IMMIGRATION LAWS OF THE UNITED STATES. 

19 (a) CLAIMS BY STATES AND LOCALITIES AGAINST

20 THE FEDERAL GOVERNMENT FOR FAILURE TO COOPER21 ATE IN THE ENFORCEMENT OF THE IMMIGRATION

22 LAWS.—

23 (1) IN GENERAL.—A State or a political sub24 division of a State adversely affected may file a 

25 claim against any Federal agency for failure to co-
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1 operate with a State or a political subdivision of a 

2 State to enforce or comply in a reasonable manner 

3 with certain enforcement provisions of the immigra4 tion laws of the United States relating to the identi5 fication, apprehension, arrest, detention, and re6 moval of aliens who are in violation of the immigra7 tion laws. 

8 (2) ADJUDICATION OF CLAIMS.—Claims under 

9 this section shall be filed only with the administra10 tive law judge established under subsection (b). 

11 Claims under this section shall be adjudicated only 

12 by such judge. The validity and appropriateness of 

13 the decision of the judge may be appealed only to 

14 the Attorney General or the Secretary of the Depart15 ment of Homeland Security and shall not be subject 

16 to judicial review. 

17 (3) ADMINISTRATIVE PROCEDURE ACT.—Except 

18 as otherwise provided, the Administrative Procedure 

19 Act shall apply to the adjudication of claims under 

20 this section. 

21 (4) FINES.—

22 (A) The appropriate Federal agency shall 

23 be fined $1,000 for each instance of non24 enforcement determined to be valid in a deci25 sion by the judge on a claim. 
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1 (B) In addition to fines under subpara2 graph (A), if in a decision on any claim the 

3 judge determines that a Federal agency has en4 tered into a pattern or practice of nonenforce5 ment of, or noncompliance with a State or local 

6 law enforcement agency’s enforcement of, the 

7 immigration laws, that Federal Agency shall be 

8 fined $10,000. 

9 (5) PAYMENT OF FINES.—

10 (A) Notwithstanding any other provision of 

11 law, only amounts deposited into the Immigra12 tion Examination Fee Account (under section 

13 286(m) of the Immigration and Nationality 

14 Act) shall be available to the Attorney General 

15 or the Secretary of the Department of Home16 land Security for the payment of fines levied 

17 against a Federal agency under this section. 

18 (B) Fines levied against a Federal agency 

19 pursuant to this section shall be paid to the 

20 State or political subdivision of the State that 

21 brought the claim for noncooperation not later 

22 than 90 days after the entry of a final judg23 ment. 

24 (C) The Attorney General or the Secretary 

25 of the Department of Homeland Security is au-
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1 thorized to increase the amount of any of the 

2 adjudication fees designated by the Attorney 

3 General or the Secretary of the Department of 

4 Homeland Security under section 286(m) of the 

5 Immigration and Nationality Act in order to en6 sure that funds sufficient for the payment of 

7 fines pursuant to this section are available. 

8 Notwithstanding any other provision of law, 

9 amounts in the Immigration Examination Fee 

10 Account shall be available without further ap11 propriation or fiscal year limitation. 

12 (b) ESTABLISHMENT OF ADMINISTRATIVE LAW

13 JUDGE FOR FEDERAL, STATE, AND LOCAL IMMIGRATION

14 LAW ENFORCEMENT COOPERATION.—There is estab15 lished within the Department of Justice the position of 

16 Administrative Law Judge for Federal, State, and Local 

17 Immigration Law Enforcement Cooperation (hereafter in 

18 this section referred to as the ‘‘judge’’). 

19 SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE20 MENT PERSONNEL RELATING TO THE EN21 FORCEMENT OF IMMIGRATION LAWS. 

22 (a) ESTABLISHMENT OF TRAINING MANUAL.—Not 

23 later than 180 days after the date of the enactment of 

24 this Act, the Attorney General or the Secretary of the De25 partment of Homeland Security shall establish a training
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1 manual for law enforcement personnel of a State or a po2 litical subdivision of a State that has in effect a statute 

3 under section 102 or a policy under section 105 to train 

4 such personnel in the investigation, identification, appre5 hension, arrest, detention, and removal of aliens in the 

6 United States (including the transportation of such aliens 

7 across State lines to detention centers and identification 

8 of fraudulent documents). 

9 (b) ADMINISTRATION.—

10 (1) The Attorney General or Secretary may 

11 charge a fee for training under subsection (a) which 

12 is not more than half the actual costs of such train13 ing. 

14 (2) The training of State and local law enforce15 ment personnel under this section shall not displace 

16 or otherwise adversely affect the training of Federal 

17 personnel. 

18 (c) TRAINING FLEXIBILITY.—The Department of 

19 Justice or the Department of Homeland Security shall 

20 make such training of State and local law enforcement of21 ficers available through as many means as possible, includ22 ing but not limited to residential training at a Federal 

23 facility, on-site training held at a State or local police 

24 agency or facility, online training courses by computer, 
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1 teleconferencing, and videotape or DVD of a training 

2 course or courses. 

3 (d) CLARIFICATION.—Nothing in this Act or any 

4 other provision of law shall be construed as making any 

5 immigration-related training a requirement for or pre6 requisite to any State or local law enforcement officer to 

7 enforce Federal immigration laws in the normal course of 

8 carrying out their law enforcement duties. 

9 SEC. 110. IMMUNITY. 

10 (a) PERSONAL IMMUNITY.—Notwithstanding any 

11 other provision of law, a law enforcement officer of a Fed12 eral, State, or local law enforcement agency shall be im13 mune from personal liability arising out of the enforce14 ment of any immigration law if the officer is acting within 

15 the scope of his or her official duties. 

16 (b) AGENCY IMMUNITY.—Notwithstanding any other 

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

18 shall be immune from any claim for money damages based 

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

20 arising out of the enforcement of any immigration law, 

21 except to the extent a law enforcement officer of that 

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

23 criminal law in the course of enforcing such immigration 

24 law.
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1 SEC. 111. PLACES OF DETENTION FOR ALIENS ARRESTED 

2 PENDING EXAMINATION AND DECISION ON 

3 REMOVAL. 

4 Section 241(g) of the Immigration and Nationality 

5 Act (8 U.S.C. 1231(g)) is amended by adding at the end 

6 the following: 

7 ‘‘(3) POLICY ON DETENTION IN STATE AND

8 LOCAL DETENTION FACILITIES.—In carrying out 

9 paragraph (1), the Attorney General or Secretary of 

10 the Department of Homeland Security shall ensure 

11 that an alien arrested under this Act shall be de12 tained, pending the alien’s being taken for the exam13 ination described in such section, in a State or local 

14 prison, jail, detention center, or other comparable fa15 cility notwithstanding any other provision of law or 

16 regulation, such facility is adequate for detention, 

17 if—

18 ‘‘(A) such a facility is the most suitably lo19 cated Federal, State, or local facility available 

20 for such purpose under the circumstances; 

21 ‘‘(B) an appropriate arrangement for such 

22 use of the facility can be made; and 

23 ‘‘(C) such facility satisfies the standards 

24 for the housing, care, and security of persons 

25 held in custody of a United States marshal.’’. 
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1 SEC. 112. INSTITUTIONAL REMOVAL PROGRAM. 

2 (a) CONTINUATION AND EXPANSION.—The Depart3 ment of Justice and the Department of Homeland Secu4 rity shall continue to operate and implement the program 

5 known as the Institutional Removal Program (IRP) which 

6 identifies removable criminal aliens in Federal and State 

7 correctional facilities, ensures such aliens are not released 

8 into the community, and removes such aliens from the 

9 United States after the completion of their sentences. The 

10 Institutional Removal Program shall be extended to all 

11 States. Any State that receives Federal funds for the in12 carceration of criminal aliens shall cooperate with Federal 

13 Institutional Removal Program officials, expeditiously and 

14 systematically identify criminal aliens in its prison and jail 

15 populations, and promptly convey such information to 

16 Federal IRP authorities as a condition for receiving such 

17 funds. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out the Institu20 tional Removal Program $10,000,000 for the fiscal year 

21 2004, $20,000,000 for the fiscal year 2005, $30,000,000 

22 for the fiscal year 2006, $40,000,000 for the fiscal year 

23 2007, $50,000,000 for the fiscal year 2008, $60,000,000 

24 for the fiscal year 2009, $70,000,000 for the fiscal year 

25 2010, and $80,000,000 for the fiscal year 2011. 
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1 (c) TECHNOLOGY USAGE.—Technology such as 

2 videoconferencing shall be used to the maximum extent 

3 possible in order to make IRP available in remote loca4 tions. Mobile access to Federal databases of aliens, such 

5 as IDENT, and live scan technology shall be used to the 

6 maximum extent practicable in order to make these re7 sources available to State and local law enforcement agen8 cies in remote locations. 

9 SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS. 

10 (a) STATE CRIMINAL ALIEN ASSISTANCE PROGRAM

11 (SCAAP).—Section 241(i)(5) of the Immigration and Na12 tionality Act (8 U.S.C. 1231(i)) is amended by inserting 

13 before the period at the end ‘‘and $1,000,000,000 for each 

14 of the subsequent fiscal years’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

16 DETENTION AND REMOVAL OF ALIENS NOT LAWFULLY

17 PRESENT.—There are authorized to be appropriated for 

18 each fiscal year $500,000,000 for the detention and re19 moval of aliens not lawfully present in the United States 

20 under the Immigration and Nationality Act. 

21 (c) IN GENERAL.—There are authorized to be appro22 priated such sums as may be necessary to carry out all 

23 of title I.

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