II 

109TH CONGRESS 

1ST SESSION S. 2049 

To improve the security of the United States borders and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Mr. DOMENICI (for himself, Mr. DORGAN, and Mr. TALENT) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To improve the security of the United States borders 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Security and 

5 Modernization Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DEPARTMENT.—Except as otherwise pro9 vided, the term ‘‘Department’’ means the Depart10 ment of Homeland Security. 
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1 (2) SECRETARY.—Except as otherwise provided, 

2 the term ‘‘Secretary’’ means the Secretary of Home3 land Security. 

4 (3) STATE.—Except as otherwise provided, the 

5 term ‘‘State’’ has the meaning given that term in 

6 section 101(a)(36) of the Immigration and Nation7 ality Act (8 U.S.C. 1101 (a)(36)). 

8 SEC. 3. CONSTRUCTION. 

9 Nothing in this Act may be construed to require law 

10 enforcement personnel of a State or political subdivision 

11 of a State to— 

12 (1) report the identity of a victim of, or a wit13 ness to, a criminal offense to the Secretary for immi14 gration enforcement purposes; 

15 (2) arrest such victim or witness for a violation 

16 of the immigration laws of the United States; or 

17 (3) enforce the immigration laws of the United 

18 States. 

19 TITLE I—BORDER PROTECTION 

20 Subtitle A—Personnel and 

21 Training 

22 SEC. 101. PERSONNEL OF THE DEPARTMENT OF HOME23 LAND SECURITY. 

24 (a) IN GENERAL.— 
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1 (1) CUSTOMS AND BORDER PROTECTION OFFI2 CERS.—During each of the fiscal years 2007 

3 through 2011, the Secretary shall, subject to the 

4 availability of appropriations for such purpose, in5 crease by not less than 1,000 the number of posi6 tions for full-time active duty officers of the Bureau 

7 of Customs and Border Protection of the Depart8 ment for such fiscal year. 

9 (2) IMMIGRATION AND CUSTOMS ENFORCEMENT

10 INSPECTORS.—Section 5203 of the Intelligence Re11 form and Terrorism Prevention Act of 2004 (Public 

12 Law 108–458; 118 Stat. 3734) is amended by strik13 ing ‘‘800’’ and inserting ‘‘1000’’. 

14 (3) INVESTIGATIVE PERSONNEL.—In addition 

15 to the positions authorized under section 5203 of the 

16 Intelligence Reform and Terrorism Prevention Act 

17 of 2004, as amended by paragraph (2), during each 

18 of the fiscal years 2007 through 2011, the Secretary 

19 shall, subject to the availability of appropriations for 

20 such purpose, increase by not less than 100 the 

21 number of positions for investigative personnel with22 in the Department to investigate alien smuggling 

23 and immigration status violations for such fiscal 

24 year. 
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1 (4) LEGAL PERSONNEL.—During each of the 

2 fiscal years 2007 through 2011, the Secretary shall, 

3 subject to the availability of appropriations for such 

4 purpose, increase by not less than 100 the number 

5 of positions for attorneys in the Office of General 

6 Counsel of the Department who represent the De7 partment in immigration matters for such fiscal 

8 year. 

9 (5) WAIVER OF FTE LIMITATION.—The Sec10 retary is authorized to waive any limitation on the 

11 number of full-time equivalent personnel employed 

12 by the Department to fulfill the requirements of 

13 paragraph (1) and the amendment made by para14 graph (2). 

15 (b) TRAINING.—The Secretary shall provide appro16 priate training for the agents, officers, inspectors, and as17 sociated support staff of the Department on an ongoing 

18 basis to utilize new technologies and techniques and to en19 sure that the proficiency levels of such personnel are ac20 ceptable to protect the international borders of the United 

21 States. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary for 

24 each of fiscal years 2007 through 2011, such sums as may 

25 be necessary to carry out this section. 
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1 SEC. 102. PERSONNEL OF THE DEPARTMENT OF JUSTICE 

2 AND OTHER ATTORNEYS. 

3 (a) LITIGATION ATTORNEYS.—During each of the 

4 fiscal years 2007 through 2011, the Attorney General 

5 shall, subject to the availability of appropriations for such 

6 purpose, increase by not less than 50 the number of posi7 tions for attorneys in the Office of Immigration Litigation 

8 of the Department of Justice for such fiscal year. 

9 (b) UNITED STATES ATTORNEYS.—During each of 

10 the fiscal years 2007 through 2011, the Attorney General 

11 shall, subject to the availability of appropriations for such 

12 purpose, increase by not less than 50 the number of 

13 United States Attorneys to litigate immigration cases in 

14 the Federal courts for such fiscal year. 

15 (c) UNITED STATES MARSHALS.—During each of the 

16 fiscal years 2007 through 2011, the Attorney General 

17 shall, subject to the availability of appropriations for such 

18 purpose, increase by not less than 50 the number of Dep19 uty United States Marshals to investigate criminal immi20 gration matters. 

21 (d) IMMIGRATION JUDGES.—During each of fiscal 

22 years 2007 through 2011, the Attorney General shall, sub23 ject to the availability of appropriations for such purpose, 

24 increase by not less than 100 the number of immigration 

25 judges for such fiscal year. 
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1 (e) DEFENSE ATTORNEYS.—During each of the fiscal 

2 years 2007 through 2011, the Director of the Administra3 tive Office of the United States Courts shall, subject to 

4 the availability of appropriations for such purpose, in5 crease by not less than 100 the number of attorneys in 

6 the Federal Defenders Program for such fiscal year. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Attorney General 

9 for each of fiscal years 2007 through 2011 such sums as 

10 may be necessary to carry out this section, including the 

11 hiring of necessary support staff. 

12 SEC. 103. USE OF THE NATIONAL GUARD FOR BORDER PRO13 TECTION ACTIVITIES. 

14 (a) IN GENERAL.—Section 112 of title 32, United 

15 States Code, is amended— 

16 (1) by striking ‘‘drug interdiction and counter17 drug activities’’ each place it appears and inserting 

18 ‘‘drug interdiction, counter drug, and border activi19 ties’’; and 

20 (2) in subparagraphs (A) and (B) of subsection 

21 (e)(1), by striking ‘‘drug interdiction or counter22 drug activities’’ each place it appears and inserting 

23 ‘‘drug interdiction, counter-drug, or border activi24 ties’’. 
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1 (b) DEFINITION OF DRUG INTERDICTION, COUNTER2 DRUG, AND BORDER ACTIVITIES.—Subsection (h)(1) of 

3 such section is amended to read as follows: 

4 ‘‘(1) The term ‘drug interdiction, counter-drug, 

5 and border activities’, with respect to the National 

6 Guard of a State, means the use of National Guard 

7 personnel in— 

8 ‘‘(A) drug interdiction and counter-drug 

9 law enforcement activities, including drug de10 mand reduction activities authorized by the law 

11 of the State and requested by the Governor of 

12 the State; or 

13 ‘‘(B) activities conducted in cooperation 

14 with personnel of the Department of Homeland 

15 Security to secure the international borders of 

16 the United States, including constructing roads, 

17 fencing, and vehicle barriers, assisting in search 

18 and rescue operations conducted by personnel 

19 of the Department of Homeland Security, and 

20 monitoring international borders, and excluding 

21 any law enforcement activities conducted by 

22 personnel of the Department of Homeland Se23 curity.’’. 
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1 SEC. 104. DEPUTY BORDER PATROL AGENT PROGRAM. 

2 (a) AUTHORITY TO ESTABLISH.—The Secretary may 

3 establish a Deputy Border Patrol Agent Program (in this 

4 section referred to as the ‘‘Program’’) in the Office of Bor5 der Patrol. 

6 (b) PURPOSE.—The purpose of the Program shall be 

7 to establish a volunteer force of trained, retired law en8 forcement officers to assist the Secretary in carrying out 

9 the mission of the Department to achieve operational con10 trol of the borders of the United States. 

11 (c) QUALIFICATIONS.—An individual may participate 

12 as a volunteer in the Program only if such individual is 

13 a retired law enforcement officer, who is or was previously 

14 licensed by a Federal or State authority to enforce Fed15 eral, State, or local penal offenses. 

16 (d) UTILIZATION OF VOLUNTEERS.—The Secretary 

17 may utilize an individual who participates as a volunteer 

18 in the Program to provide such border security functions 

19 that the Secretary determines are appropriate. 

20 (e) TRAINING AND OTHER REQUIREMENTS.—The 

21 Secretary may require an individual who participates as 

22 a volunteer in the Program to participate in such training, 

23 testing, and other requirements that the Secretary deter24 mines are appropriate. 

25 (f) SWEARING IN.—Upon completion of any training, 

26 testing, or other procedures required by the Secretary, an 
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1 individual who participates in the Program shall be sworn 

2 in and assigned to the Office of Border Patrol. 

3 (g) ASSIGNMENT OF VOLUNTEERS.—The Secretary 

4 may assign individuals participating in the Program to 

5 provide patrol services at facilities and locations along the 

6 international borders of the United States. 

7 (h) OVERSIGHT OF AGENTS.—The Secretary, acting 

8 through the Commissioner of the Bureau of Customs and 

9 Border Protection of the Department, shall have oversight 

10 of all individuals participating in the Program. Such vol11 unteers shall serve at the pleasure of the Secretary, acting 

12 through the Commissioner of the Bureau of Customs and 

13 Border Protection. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $10,000,000 for each 

16 of the fiscal years 2007 through 2011 to carry out this 

17 section. 

18 SEC. 105. DOCUMENT FRAUD DETECTION. 

19 (a) TRAINING.—The Secretary shall provide appro20 priate officers of the Bureau of Customs and Border Pro21 tection of the Department with training in identifying and 

22 detecting fraudulent travel documents. Such training shall 

23 be developed in consultation with the Forensic Document 

24 Laboratory of the Bureau of Immigration and Customs 

25 Enforcement of such Department. 
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1 (b) FORENSIC DOCUMENT LABORATORY.—The Sec2 retary shall provide all officers of the Bureau of Customs 

3 and Border Protection with access to the Forensic Docu4 ment Laboratory. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $10,000,000 for each 

7 of the fiscal years 2007 through 2011 to carry out this 

8 section. 

9 Subtitle B—Infrastructure 

10 SEC. 111. MODERNIZATION OF BORDER INFRASTRUCTURE. 

11 (a) DEFINITIONS.—In this section: 

12 (1) COMMISSIONER.—The term ‘‘Commis13 sioner’’ means the Commissioner of the Bureau of 

14 Customs and Border Protection of the Department. 

15 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

16 means an entity located in Mexico that assembles 

17 and produces goods from imported parts for export 

18 to the United States. 

19 (3) NORTHERN BORDER.—The term ‘‘northern 

20 border’’ means the international border between the 

21 United States and Canada. 

22 (4) SOUTHERN BORDER.—The term ‘‘southern 

23 border’’ means the international border between the 

24 United States and Mexico. 
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1 (b) BORDER TECHNOLOGIES, ASSETS, AND CON2 STRUCTION.— 

3 (1) ACQUISITION.—The Secretary shall procure 

4 technologies necessary to support the mission of the 

5 Department to achieve operational control of the 

6 international borders of the United States. In deter7 mining what technologies to procure, the Secretary 

8 shall consult with the Secretary of Defense and the 

9 head of the National Laboratories and Technology 

10 Centers of the Department of Energy. 

11 (2) CONSTRUCTION OF BORDER CONTROL FA12 CILITIES.—The Secretary shall construct roads, ac13 quire vehicle barriers, and construct fencing nec14 essary to support such mission. 

15 (3) ASSETS.—The Secretary shall acquire un16 manned aerial vehicles, police-type vehicles, heli17 copters, all terrain vehicles, interoperable commu18 nications equipment, firearms, sensors, cameras, 

19 lighting and such other equipment and assets as 

20 may be necessary to support such mission. 

21 (4) FACILITIES.—The Secretary shall construct 

22 such facilities as may be necessary to support the 

23 number of employees of the Department who are 

24 hired pursuant to any provision of this Act or of 

25 subtitle B of title V of the Intelligence Reform and 
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1 Terrorism Prevention Act of 2004 (Public Law 108– 

2 458; 118 Stat. 3733). 

3 (5) CHECKPOINTS.—The Secretary may con4 struct and maintain temporary or permanent check5 points on roadways located in close proximity to the 

6 northern border or the southern border to support 

7 such mission. 

8 (c) PORT OF ENTRY INFRASTRUCTURE ASSESSMENT

9 STUDY.— 

10 (1) REQUIREMENT TO UPDATE.—In order to 

11 carry out the mission of the Department to achieve 

12 operational control of the international borders of 

13 the United States, not later than January 31 of 

14 each year, the Administrator of General Services 

15 shall update the Port of Entry Infrastructure As16 sessment Study prepared by the United States Cus17 toms Service, the Immigration and Naturalization 

18 Service, and the General Services Administration in 

19 accordance with the matter relating to the ports of 

20 entry infrastructure assessment that is set out in the 

21 joint explanatory statement in the conference report 

22 accompanying H.R. 2490 of the 106th Congress, 1st 

23 session (House of Representatives Rep. No. 106– 

24 319, page 67) and submit such updated study to 

25 Congress. 
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1 (2) CONSULTATION.—In preparing the updated 

2 studies required by paragraph (1), the Administrator 

3 of General Services shall consult with the Director 

4 of the Office of Management and Budget, the Sec5 retary, and the Commissioner. 

6 (3) CONTENT.—Each updated study required 

7 by paragraph (1) shall— 

8 (A) identify port of entry infrastructure 

9 and technology improvement projects that 

10 would enhance border security and facilitate the 

11 flow of legitimate commerce if implemented; 

12 (B) include the projects identified in the 

13 National Land Border Security Plan required 

14 by subsection (d); and 

15 (C) prioritize each project described in 

16 subparagraph (A) or (B) based on the likeli17 hood that the project will— 

18 (i) fulfill immediate security require19 ments; and 

20 (ii) facilitate trade across the borders 

21 of the United States. 

22 (4) PROJECT IMPLEMENTATION.— 

23 (A) IN GENERAL.—The Commissioner 

24 shall implement the infrastructure and tech25 nology improvement projects described in each 
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1 updated study required by paragraph (1) in the 

2 order of priority assigned to each project under 

3 paragraph (3)(C). 

4 (B) EXCEPTION.—The Commissioner may 

5 diverge from the priority order if the Commis6 sioner determines that significantly changed cir7 cumstances, such as immediate security needs 

8 or changes in infrastructure in Mexico or Can9 ada, compellingly alter the need for a project in 

10 the United States. 

11 (d) NATIONAL LAND BORDER SECURITY PLAN.— 

12 (1) REQUIREMENT FOR PLAN.—In order to 

13 carry out the mission of the Department to achieve 

14 operational control of the international borders of 

15 the United States, not later than January 31 of 

16 each year, the Secretary shall prepare a National 

17 Land Border Security Plan and submit such plan to 

18 Congress. 

19 (2) CONSULTATION.—In preparing the plan re20 quired by paragraph (1), the Secretary shall consult 

21 with the Under Secretary for Information Analysis 

22 and Infrastructure Protection and the Federal, 

23 State, and local law enforcement agencies and pri24 vate entities that are involved in international trade 

25 across the northern border or the southern border. 
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1 (3) VULNERABILITY ASSESSMENT.— 

2 (A) IN GENERAL.—The plan required by 

3 paragraph (1) shall include a vulnerability as4 sessment of each port of entry located on the 

5 northern border or the southern border. 

6 (B) PORT SECURITY COORDINATORS.—The 

7 Secretary may establish 1 or more port security 

8 coordinators at each port of entry located on 

9 the northern border or the southern border— 

10 (i) to assist in conducting a vulner11 ability assessment at such port; and 

12 (ii) to provide other assistance with 

13 the preparation of the plan required by 

14 paragraph (1). 

15 (e) EXPANSION OF TRADE SECURITY PROGRAMS.— 

16 (1) CUSTOMS-TRADE PARTNERSHIP AGAINST

17 TERRORISM.— 

18 (A) IN GENERAL.—Not later than 180 

19 days after the date of enactment of this Act, 

20 the Commissioner, in consultation with the Sec21 retary, shall develop a plan to expand the size 

22 and scope (including personnel needs) of the 

23 Customs-Trade Partnership Against Terrorism 

24 programs along the northern border and south25 ern border, including— 
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1 (i) the Business Anti-Smuggling Coa2 lition; 

3 (ii) the Carrier Initiative Program; 

4 (iii) the Americas Counter Smuggling 

5 Initiative; 

6 (iv) the Free and Secure Trade Initia7 tive; and 

8 (v) other Industry Partnership Pro9 grams administered by the Commissioner. 

10 (2) MAQUILADORA DEMONSTRATION PRO11 GRAM.—Not later than 180 days after the date of 

12 enactment of this Act, the Commissioner shall estab13 lish a demonstration program to develop a coopera14 tive trade security system with maquiladoras to im15 prove supply chain security. 

16 (f) PORT OF ENTRY TECHNOLOGY DEMONSTRATION

17 PROGRAM.— 

18 (1) ESTABLISHMENT.—In order to carry out 

19 the mission of the Department to achieve operational 

20 control of the international borders of the United 

21 States, the Secretary shall carry out a technology 

22 demonstration program to test and evaluate new 

23 port of entry technologies, refine port of entry tech24 nologies and operational concepts, and train per25 sonnel under realistic conditions. The Commissioner 
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1 of the Bureau of Customs and Border Protection 

2 shall oversee the program in consultation and co3 operation with other divisions of the Department. 

4 (2) TECHNOLOGY AND FACILITIES.— 

5 (A) TECHNOLOGY TESTED.—Under the 

6 demonstration program, the Secretary shall test 

7 technologies that enhance port of entry oper8 ations, including those related to inspections, 

9 communications, port tracking, identification of 

10 persons and cargo, sensory devices, personal de11 tection, decision support, and the detection and 

12 identification of weapons of mass destruction. 

13 (B) FACILITIES DEVELOPED.—At a dem14 onstration site selected pursuant to paragraph 

15 (3)(B), the Secretary shall develop facilities to 

16 provide appropriate training to law enforcement 

17 personnel who have responsibility for border se18 curity, including cross-training among agencies, 

19 advanced law enforcement training, and equip20 ment orientation. 

21 (3) DEMONSTRATION SITES.— 

22 (A) NUMBER.—The Secretary shall carry 

23 out the demonstration program at not less than 

24 3 sites and not more than 5 sites. 
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1 (B) SELECTION CRITERIA.—To ensure 

2 that at least 1 of the facilities selected as a port 

3 of entry demonstration site for the demonstra4 tion program has the most up-to-date design, 

5 contains sufficient space to conduct the dem6 onstration program, has a traffic volume low 

7 enough to easily incorporate new technologies 

8 without interrupting normal processing activity, 

9 and can efficiently carry out demonstration and 

10 port of entry operations, at least 1 port of entry 

11 selected as a demonstration site shall— 

12 (i) have been established not more 

13 than 15 years before the date of enactment 

14 of this Act; 

15 (ii) consist of not less than 65 acres, 

16 with the possibility of expansion onto not 

17 less than 25 adjacent acres; and 

18 (iii) have serviced an average of not 

19 more than 50,000 vehicles per month in 

20 the 12 full months preceding the date of 

21 enactment of this Act. 

22 (4) RELATIONSHIP WITH OTHER AGENCIES.— 

23 The Secretary shall permit personnel from an appro24 priate Federal or State agency to utilize a dem25 onstration site described in paragraph (3) to test 
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1 technologies that enhance port of entry operations, 

2 including those related to inspections, communica3 tions, port tracking, identification of persons and 

4 cargo, sensory devices, personal detection, decision 

5 support, and the detection and identification of 

6 weapons of mass destruction. 

7 (5) REPORT.— 

8 (A) REQUIREMENT.—Not later than 1 

9 year after the date of enactment of this Act, 

10 and annually thereafter, the Secretary shall 

11 submit to Congress a report on the activities 

12 carried out at each demonstration site under 

13 the technology demonstration program estab14 lished under this subsection. 

15 (B) CONTENT.—Each report submitted 

16 pursuant to subparagraph (A) shall include an 

17 assessment by the Secretary of the feasibility of 

18 incorporating any demonstrated technology for 

19 use throughout the Bureau of Customs and 

20 Border Protection. 

21 (g) BORDER PATROL TECHNOLOGY DEMONSTRA22 TION PROGRAM.— 

23 (1) ESTABLISHMENT.—In order to carry out 

24 the mission of the Department to achieve operational 

25 control of the international borders of the United 
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1 States, the Secretary shall carry out a technology 

2 demonstration program to test and evaluate new 

3 border security technologies and train personnel 

4 under realistic conditions. 

5 (2) TECHNOLOGY AND FACILITIES.— 

6 (A) TECHNOLOGY TESTED.—Under the 

7 demonstration program, the Secretary shall test 

8 technologies that enhance border security, in9 cluding those related to communications, sen10 sory devices, personal detection, and decision 

11 support. 

12 (B) FACILITIES DEVELOPMENT.—At a site 

13 where border patrol agents participate in law 

14 enforcement training, the Secretary shall de15 velop facilities to carry out the demonstration 

16 program, including providing appropriate train17 ing to law enforcement personnel who have re18 sponsibility for border security, including cross19 training among agencies, advanced law enforce20 ment training, and equipment orientation. 

21 (3) RELATIONSHIP WITH OTHER AGENCIES.— 

22 The Secretary shall permit personnel from an appro23 priate Federal or State agency to utilize the dem24 onstration site described in this subsection to test 

25 technologies that enhance border security, including 
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1 those related to communications, sensory devices, 

2 personal detection, and decision support. 

3 (4) REPORT.— 

4 (A) REQUIREMENT.—Not later than 1 

5 year after the date of enactment of this Act, 

6 and annually thereafter, the Secretary shall 

7 submit to Congress a report on the activities 

8 carried out at the demonstration site under the 

9 technology demonstration program established 

10 under this subsection. 

11 (B) CONTENT.—Each report submitted 

12 pursuant to subparagraph (A) shall include an 

13 assessment by the Secretary of the feasibility of 

14 incorporating any demonstrated technology for 

15 use throughout the Department. 

16 (h) INTERNATIONAL AGREEMENTS.—Funds author17 ized in this Act may be used for the implementation of 

18 projects described in the Declaration on Embracing Tech19 nology and Cooperation to Promote the Secure and Effi20 cient Flow of People and Commerce across our Shared 

21 Border between the United States and Mexico, agreed to 

22 March 22, 2002, Monterrey, Mexico (commonly known as 

23 the Border Partnership Action Plan) or the Smart Border 

24 Declaration between the United States and Canada, 
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1 agreed to December 12, 2001, Ottawa, Canada that are 

2 consistent with the provisions of this Act. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated the following: 

5 (1) For each of the fiscal years 2007 through 

6 2011, $1,000,000,000 to carry out subsection (b). 

7 (2) For each of the fiscal years 2007 through 

8 2011, such sums as may be necessary to carry out 

9 paragraph (1) of subsection (c). 

10 (3) For each of the fiscal years 2007 through 

11 2011, $100,000,000 to carry out paragraph (4) of 

12 subsection (c). 

13 (4) For each of the fiscal years 2007 through 

14 2011, such sums as may be necessary to carry out 

15 subsection (d). 

16 (5)(A) For fiscal year 2007, $30,000,000 to 

17 carry out paragraph (1) of subsection (e); and 

18 (B) For each of the fiscal years 2008 through 

19 2011, such sums as may be necessary to carry out 

20 such paragraph. 

21 (6)(A) For fiscal year 2007, $5,000,000 to 

22 carry out paragraph (2) of subsection (e); and 

23 (B) For each of the fiscal years 2008 through 

24 2011, such sums as may be necessary to carry out 

25 such paragraph. 
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1 (7)(A) For fiscal year 2007, $50,000,000 to 

2 carry out subsection (f), and not more than 

3 $10,000,000 of such amount may be expended for 

4 technology demonstration program activities at any 

5 1 port of entry demonstration site during such fiscal 

6 year. 

7 (B) For each of the fiscal years 2008 through 

8 2011, such sums as may be necessary to carry out 

9 subsection (f), and not more than $10,000,000 may 

10 be expended for technology demonstration program 

11 activities at any 1 port of entry demonstration site 

12 in any such fiscal year. 

13 (8) For each of the fiscal years 2007 through 

14 2011, $10,000,000 to carry out subsection (g). 

15 SEC. 112. DETENTION SPACE AND REMOVAL CAPACITY. 

16 Section 5204(a) of the Intelligence Reform and Ter17 rorism Protection Act of 2004 (Public Law 108-458; 118 

18 Stat. 3734) is amended by striking ‘‘8,000’’ and inserting 

19 ‘‘15,000’’. 

20 SEC. 113. INCREASE OF FEDERAL DETENTION SPACE AND 

21 THE UTILIZATION OF FEDERAL FACILITIES 

22 IDENTIFIED FOR CLOSURE. 

23 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

24 FACILITIES.— 
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1 (1) IN GENERAL.—The Secretary shall con2 struct or acquire additional detention facilities in the 

3 United States. 

4 (2) DETERMINATION OF LOCATION.—The loca5 tion of any detention facility built or acquired in ac6 cordance with this subsection shall be determined by 

7 the Deputy Assistant Director of the Office of De8 tention and Removal Operations within the Bureau 

9 of Immigration and Customs Enforcement of the 

10 Department. 

11 (3) USE OF FEDERAL FACILITIES IDENTIFIED

12 FOR CLOSURE.—In acquiring detention facilities 

13 under this subsection, the Secretary shall, to the 

14 maximum extent practical, request the transfer of 

15 appropriate portions of military installations ap16 proved for closure or realignment and any other 

17 Federal facilities identified for closure. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section. 

21 SEC. 114. ALTERNATIVES TO DETENTION. 

22 The Secretary shall implement demonstration pro23 grams in each State located along the international border 

24 between the United States and Canada or along the inter25 national border between the United States and Mexico to 
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1 study the effectiveness of alternatives to the detention of 

2 aliens, including electronic monitoring devices and inten3 sive supervision programs, that ensure that alien’s appear4 ance at court and compliance with removal orders. 

5 Subtitle C—Grants for States 

6 SEC. 121. BORDER LAW ENFORCEMENT GRANTS. 

7 (a) LAW ENFORCEMENT AGENCY DEFINED.—In this 

8 section, the term ‘‘law enforcement agency’’ means a Trib9 al, State, or local law enforcement agency. 

10 (b) AUTHORITY TO AWARD GRANTS.—The Secretary 

11 is authorized to award grants to an eligible law enforce12 ment agency to provide assistance with costs associated 

13 with State border security efforts, including efforts to 

14 combat criminal activity that occurs in the jurisdiction of 

15 such agency by virtue of such agency’s proximity to an 

16 international border of the United States. 

17 (c) CRITERIA.—The Secretary shall award grants 

18 under subsection (b) on a competitive basis, considering 

19 criteria including— 

20 (1) the law enforcement agency’s distance from 

21 the international border, with communities closer to 

22 the border given priority because of their proximity; 

23 (2) population, with smaller communities given 

24 priority; 
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1 (3) the criminal caseload of the law enforce2 ment agency, based upon the number of felony 

3 criminal cases filed per judge in the United States 

4 district court located in the district that the law en5 forcement agency has jurisdiction over, with priority 

6 given to those with higher caseloads; 

7 (4) the percentage of undocumented aliens re8 siding in the law enforcement agency’s State com9 pared to the total number of such aliens residing in 

10 all States, based on the most recent decennial cen11 sus; and 

12 (5) the percentage of undocumented alien ap13 prehensions in the law enforcement agency’s State in 

14 that fiscal year compared to the total of such appre15 hensions for all such States for that fiscal year. 

16 (d) USE OF FUNDS.—Grants awarded under sub17 section (b) shall be used to provide additional resources 

18 for a law enforcement agency to address criminal activity 

19 occurring near an international border of the United 

20 States, including— 

21 (1) law enforcement technologies; 

22 (2) equipment such as police-type vehicles, all 

23 terrain vehicles, firearms, sensors, cameras, and 

24 lighting; and 
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1 (3) such other resources as are available to as2 sist the law enforcement agency. 

3 (e) APPLICATION.—The head of a law enforcement 

4 agency seeking to apply for a grant under this section 

5 shall submit an application to the Secretary at such time, 

6 in such manner, and with such information as the Sec7 retary may require. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $500,000,000 for each 

10 of the fiscal years 2007 through 2011 to carry out this 

11 section. 

12 TITLE II—IMMIGRATION 

13 PROVISIONS 

14 SEC. 201. EXPEDITED REMOVAL BETWEEN PORTS OF 

15 ENTRY. 

16 (a) IN GENERAL.—Section 235 of the Immigration 

17 and Nationality Act (8 U.S.C. 1225) is amended— 

18 (1) in subsection (b)(1)(A)(i), by striking ‘‘the 

19 officer’’ and inserting ‘‘a supervisory officer’’; and 

20 (2) in subsection (c), by adding at the end the 

21 following: 

22 ‘‘(4) EXPANSION.—The Secretary of Homeland 

23 Security shall make the expedited removal proce24 dures under this subsection available in all border 
28 

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1 patrol sectors on the southern border of the United 

2 States as soon as operationally possible. 

3 ‘‘(5) TRAINING.—The Secretary of Homeland 

4 Security shall provide employees of the Department 

5 of Homeland Security with comprehensive training 

6 on the procedures authorized under this sub7 section.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $20,000,000 for each 

10 of fiscal years 2007 through 2011 to carry out the amend11 ments made by this section. 

12 SEC. 202. CANCELLATION OF VISAS. 

13 Section 222(g) of the Immigration and Nationality 

14 Act (8 U.S.C. 1202(g)) is amended— 

15 (1) in paragraph (1), by inserting ‘‘and any 

16 other nonimmigrant visa issued by the United States 

17 that is in the possession of the alien’’ after ‘‘such 

18 visa’’; and 

19 (2) in paragraph (2)(A), by striking ‘‘(other 

20 than the visa described in paragraph (1)) issued in 

21 a consular office located in the country of the aliens 

22 nationality’’ and inserting ‘‘(other than a visa de23 scribed in paragraph (1)) issued in a consular office 

24 located in the country of the aliens nationality or 

25 foreign residence’’. 
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1 SEC. 203. BIOMETRIC ENTRY-EXIT SYSTEM. 

2 (a) GROUNDS OF INADMISSIBILITY.—Section 212 of 

3 the Immigration and Nationality Act (8 U.S.C. 1182) is 

4 amended— 

5 (1) in subsection (a)(7), by adding at the end 

6 the following: 

7 ‘‘(C) WITHHOLDERS OF BIOMETRIC DATA.— 

8 Any alien who fails to comply with a lawful request 

9 for biometric data is inadmissible.’’; and 

10 (2) in subsection (d), by inserting after para11 graph (1) the following: 

12 ‘‘(2) The Secretary of Homeland Security may 

13 waive the application of subparagraph (C) of sub14 section (a)(7) for an individual alien or a class of 

15 aliens, at the discretion of the Secretary.’’. 

16 (b) COLLECTION OF BIOMETRIC DATA FROM ALIENS

17 DEPARTING THE UNITED STATES.—Section 215 of the 

18 Immigration and Nationality Act (8 U.S.C. 1185) is 

19 amended— 

20 (1) by redesignating subsection (c) as sub21 section (g); and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) The Secretary of Homeland Security is author25 ized to require aliens departing the United States to pro-
30 

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1 vide biometric data and other information relating to their 

2 immigration status.’’. 

3 (c) INSPECTION OF APPLICANTS FOR ADMISSION.— 

4 Section 235(d) of the Immigration and Nationality Act (8 

5 U.S.C. 1185(d)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

8 DATA.—In conducting inspections under subsection 

9 (b), immigration officers are authorized to collect bi10 ometric data from— 

11 ‘‘(A) any applicant for admission or alien 

12 seeking to transit through the United States; or 

13 ‘‘(B) any lawful permanent resident who 

14 is— 

15 ‘‘(i) entering the United States; and 

16 ‘‘(ii) not regarded as seeking an ad17 mission into the United States pursuant to 

18 section 101(a)(13)(C).’’. 

19 (d) COLLECTION OF BIOMETRIC DATA FROM ALIEN

20 CREWMAN.—Section 252 of the Immigration and Nation21 ality Act (8 U.S.C. 1282) is amended by inserting ‘‘Immi22 gration officers are authorized to collect biometric data 

23 from any alien crewman seeking permission to land tempo24 rarily in the United States.’’ after ‘‘this title’’. 
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1 (e) IMPLEMENTATION.—Section 7208 of the 9/11 

2 Commission Implementation Act of 2004 (8 U.S.C. 

3 1365b) is amended in subsection (l)— 

4 (1) by striking ‘‘There are authorized’’ and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—There are authorized’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

9 PORTS OF ENTRY.—There are authorized to be ap10 propriated such sums as may be necessary for each 

11 of fiscal years 2008, 2009, and 2010 to implement 

12 the automated biometric entry and exit data system 

13 at all land border ports of entry.’’. 

14 SEC. 204. REIMBURSEMENT FOR STATES. 

15 (a) INCARCERATION COSTS.—Section 241(i)(5) of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1231(i)(5)) is amended to read as follows: 

18 ‘‘(5) There are authorized to be appropriated to 

19 carry out this subsection— 

20 ‘‘(A) $750,000,000 for fiscal year 2007; 

21 ‘‘(B) $850,000,000 for fiscal year 2008; 

22 and 

23 ‘‘(C) $950,000,000 for each of the fiscal 

24 years 2009 through 2011.’’. 
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1 (b) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

2 PROCESSING CRIMINAL ILLEGAL ALIENS.— 

3 (1) IN GENERAL.—The Secretary shall reim4 burse States and units of local government for costs 

5 associated with processing illegal aliens through the 

6 criminal justice system, including— 

7 (A) indigent defense; 

8 (B) criminal prosecution; 

9 (C) autopsies; 

10 (D) translators and interpreters; and 

11 (E) courts costs. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated 

14 $500,000,000 for each of the fiscal years 2007 

15 through 2011 to carry out paragraph (1). 

16 SEC. 205. COMPLETION OF BACKGROUND AND SECURITY 

17 CHECKS. 

18 Section 103 of the Immigration and Nationality Act 

19 (8 U.S.C. 1103) is amended by adding at the end the fol20 lowing: 

21 ‘‘(i) Notwithstanding any other provision of law, the 

22 Secretary of Homeland Security, the Attorney General, or 

23 any court may not— 
33 

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1 ‘‘(1) grant or order the grant of adjustment of 

2 status to that of an alien lawfully admitted for per3 manent residence; 

4 ‘‘(2) grant or order the grant of any other sta5 tus, relief, protection from removal, or other benefit 

6 under the immigration laws; or 

7 ‘‘(3) issue any documentation evidencing or re8 lated to such grant by the Attorney General, the 

9 Secretary, or any court, 

10 until such background and security checks as the Sec11 retary may in his discretion require have been completed 

12 to the satisfaction of the Secretary.’’. 

13 SEC. 206. RELEASE OF ALIENS FROM NONCONTIGUOUS 

14 COUNTRIES. 

15 Section 236(a)(2) of the Immigration and Nationality 

16 Act (8 U.S.C. 1226(a)(2)) is amended to read as follows: 

17 ‘‘(2) may release the alien on bond of not less 

18 than $5,000 with security approved by, and con19 taining conditions prescribed by, the Secretary of 

20 Homeland Security; but’’. 

21 SEC. 207. COUNTRIES THAT DO NOT ACCEPT RETURN OF 

22 NATIONALS. 

23 Section 243(d) of the Immigration and Nationality 

24 Act (8 U.S.C. 1253(d)) is amended— 
34 

•S 2049 IS

1 (1) by striking ‘‘On being notified’’ and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—Upon notification’’; and 

4 (2) by striking ‘‘Attorney General’’ each place 

5 it appears and inserting ‘‘Secretary of Homeland Se6 curity’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(2) DENIAL OF ADMISSION.—The Secretary of 

9 Homeland Security, after making a determination 

10 that the government of a foreign country has denied 

11 or unreasonably delayed accepting an alien who is a 

12 citizen, subject, national, or resident of that country 

13 after the alien has been ordered removed, and after 

14 consultation with the Secretary of State, may deny 

15 admission to any citizen, subject, national or resi16 dent of that country until the country accepts the 

17 alien that was ordered removed.’’. 

18 TITLE III—PENALTIES 

19 SEC. 301. INCREASED CRIMINAL PENALTIES FOR ALIEN 

20 SMUGGLING. 

21 Section 274(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1324(a)) is amended— 

23 (1) in paragraph (1)(B)— 

24 (A) in clause (i), by striking ‘‘10 years’’ 

25 and inserting ‘‘15 years’’; 
35 

•S 2049 IS

1 (B) in clause (ii), by striking ‘‘5 years’’ 

2 and inserting ‘‘10 years’’; and 

3 (C) in clause (iii), by striking ‘‘20 years’’ 

4 and inserting ‘‘40 years’’; 

5 (2) in paragraph (2)— 

6 (A) in subparagraph (A), by striking ‘‘one 

7 year, or both; or’’ and inserting ‘‘3 years, or 

8 both’’; 

9 (B) in subparagraph (B)— 

10 (i) in clause (i), by adding at the end 

11 the following: ‘‘be fined under title 18, 

12 United States Code, and imprisoned not 

13 less than 5 years nor more than 25 

14 years;’’; 

15 (ii) in clause (ii), by striking ‘‘or’’ at 

16 the end and inserting the following: ‘‘be 

17 fined under title 18, United States Code, 

18 and imprisoned not less than 3 years nor 

19 more than 20 years; or’’; and 

20 (iii) in clause (iii), by adding at the 

21 end the following: ‘‘be fined under title 18, 

22 United States Code, and imprisoned not 

23 more than 15 years; or’’; and 

24 (C) by striking the matter following clause 

25 (iii) and inserting the following: 
36 

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1 ‘‘(C) in the case of a third or subsequent 

2 offense described in subparagraph (B) and for 

3 any other violation, shall be fined under title 

4 18, United States Code, and imprisoned not 

5 less than 5 years nor more than 15 years.’’; 

6 (3) in paragraph (3)(A), by striking ‘‘5 years’’ 

7 and inserting ‘‘10 years’’; and 

8 (4) in paragraph (4), by striking ‘‘10 years’’ 

9 and inserting ‘‘20 years’’. 

10 SEC. 302. INCREASED CRIMINAL PENALTIES FOR DOCU11 MENT FRAUD. 

12 Section 1546 of title 18, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘not more than 25 years’’ 

16 and inserting ‘‘not less than 25 years’’; 

17 (B) by inserting ‘‘and if the terrorism of18 fense resulted in the death of any person, shall 

19 be punished by death or imprisoned for life,’’ 

20 after ‘‘section 2331 of this title)),’’; 

21 (C) by striking ‘‘20 years’’ and inserting 

22 ‘‘imprisoned not more than 40 years’’; 

23 (D) by striking ‘‘10 years’’ and inserting 

24 ‘‘imprisoned not more than 20 years’’; and 
37 

•S 2049 IS

1 (E) by striking ‘‘15 years’’ and inserting 

2 ‘‘imprisoned not more than 30 years’’; and 

3 (2) in subsection (b), by striking ‘‘5 years’’ and 

4 inserting ‘‘10 years’’. 

5 SEC. 303. INCREASED CRIMINAL PENALTIES FOR CERTAIN 

6 CRIMES. 

7 (a) IN GENERAL.—Title 18, United States Code, is 

8 amended by inserting after chapter 51 the following: 

9 ‘‘CHAPTER 52—ILLEGAL ALIENS 

10 ‘‘SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES 

11 COMMITTED BY ILLEGAL ALIENS. 

12 ‘‘(a) Any alien unlawfully present in the United 

13 States, who commits, or conspires or attempts to commit, 

14 a crime of violence or a drug trafficking offense (as de15 fined in section 924), shall be fined under this title and 

16 sentenced to not less than 5 years in prison. 

17 ‘‘(b) If an alien who violates subsection (a) was pre18 viously ordered removed under the Immigration and Na19 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

20 having committed a crime, the alien shall be sentenced to 

21 not less than 15 years in prison. 

22 ‘‘(c) A sentence of imprisonment imposed under this 

23 section shall run consecutively to any other sentence of 

24 imprisonment imposed for any other crime.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 at the beginning of part I of title 18, United States Code, 

3 is amended by inserting after the item relating to chapter 

4 51 the following: 

52. Illegal aliens ........................................................................................ 1131 

5 SEC. 304. INCREASED CRIMINAL PENALTIES FOR CRIMINAL 

6 STREET GANGS. 

7 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im8 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

9 amended— 

10 (1) by redesignating subparagraph (F) as sub11 paragraph (J); and 

12 (2) by inserting after subparagraph (E) the fol13 lowing: 

14 ‘‘(F) ALIENS WHO ARE MEMBERS OF

15 CRIMINAL STREET GANGS.—Any alien who is 

16 determined by a court to be a member of a 

17 criminal street gang (as defined in section 

18 521(a) of title 18, United States Code) is inad19 missible.’’. 

20 (b) DEPORTABILITY.—Section 237(a)(2) of the Im21 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

22 amended by adding at the end the following: 

23 ‘‘(F) ALIENS WHO ARE MEMBERS OF

24 CRIMINAL STREET GANGS.—Any alien who is 

25 determined by a court to be a member of a 
39 

•S 2049 IS

1 criminal street gang (as defined in section 

2 521(a) of title 18, United States Code) is de3 portable.’’. 

4 (c) TEMPORARY PROTECTED STATUS.—Section 

5 244(c)(2)(B) of the Immigration and Nationality Act (8 

6 U.S.C. 1254a(c)(2)(B)) is amended— 

7 (1) in clause (i), by striking ‘‘or’’ at the end; 

8 (2) in clause (ii), by striking the period at the 

9 end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(iii) the alien is determined by a 

12 court to be a member of a criminal street 

13 gang (as defined in section 521(a) of title 

14 18, United States Code).’’. 

15 TITLE IV—REMOVAL AND 

16 VIOLATION TRACKING 

17 SEC. 401. INSTITUTIONAL REMOVAL PROGRAM. 

18 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

19 (1) CONTINUATION.—The Secretary shall con20 tinue to operate the Institutional Removal Program 

21 of the Department to— 

22 (A) identify removable criminal aliens in 

23 Federal and State correctional facilities; 

24 (B) ensure that such aliens are not re25 leased into the community; and 
40 

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1 (C) remove such aliens from the United 

2 States after the completion of their sentences. 

3 (2) EXPANSION.—Not later than 5 years after 

4 the date of the enactment of this Act, the Secretary 

5 shall expand the Institutional Removal Program to 

6 every State. 

7 (3) STATE PARTICIPATION.—The appropriate 

8 officials of each State in which the Secretary is oper9 ating the Institutional Removal Program should— 

10 (A) cooperate with Federal officials car11 rying out the Institutional Removal Program; 

12 (B) expeditiously and systematically iden13 tify criminal aliens in the prison and jail popu14 lations of the State; and 

15 (C) promptly convey the information de16 scribed in subparagraph (B) to the appropriate 

17 officials carrying out the Institutional Removal 

18 Program. 

19 (b) REPORT TO CONGRESS.—Not later than 2 years 

20 after of the date of the enactment of this Act, the Sec21 retary shall submit a report to Congress on the participa22 tion of the States in the Institutional Removal Program. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated $50,000,000 to carry 
41 

•S 2049 IS

1 out the expanded Institutional Removal Program author2 ized under subsection (a). 

3 SEC. 402. AUTHORIZATION FOR DETENTION AFTER COM4 PLETION OF STATE OR LOCAL PRISON SEN5 TENCE. 

6 (a) IN GENERAL.—Law enforcement officers of a 

7 State or political subdivision of a State are authorized 

8 to— 

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

10 14 days after the alien has completed the alien’s 

11 State or local prison sentence in order to effectuate 

12 the transfer of the alien to Federal custody when the 

13 alien is removable or not lawfully present in the 

14 United States; or 

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

16 have served a State or local prison sentence to be 

17 detained by an appropriate prison until personnel 

18 from the Bureau of Immigration and Customs En19 forcement can take the alien into Federal custody. 

20 (b) REIMBURSEMENT.— 

21 (1) IN GENERAL.—The Secretary shall reim22 burse a State or a political subdivision of a State for 

23 all reasonable expenses incurred by the State or the 

24 political subdivision for the detention of an alien as 

25 described in subsection (a). 
42 

•S 2049 IS

1 (2) COST COMPUTATION.—The amount of reim2 bursement provided for costs incurred carrying out 

3 subsection (a) shall be determined pursuant to a for4 mula determined by the Secretary. 

5 (c) TECHNOLOGY USAGE.—Technology such as 

6 videoconferencing shall be used to the maximum extent 

7 possible in order to make the Institutional Removal Pro8 gram available in remote locations. Mobile access to Fed9 eral databases of aliens and live scan technology shall be 

10 used to the maximum extent practicable in order to make 

11 these resources available to State and local law enforce12 ment agencies in remote locations. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 necessary to reimburse a State or political subdivision of 

16 a State for the detention of an illegal alien pursuant to 

17 subsection (b). 

18 SEC. 403. USE OF THE NATIONAL CRIME INFORMATION 

19 CENTER DATABASE TO TRACK VIOLATIONS 

20 OF IMMIGRATION LAW. 

21 (a) PROVISION OF INFORMATION TO THE NATIONAL

22 CRIME INFORMATION CENTER.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary 

25 shall provide the National Crime Information Center 
43 

•S 2049 IS

1 of the Department of Justice with such information 

2 as the Director may have related to— 

3 (A) any alien against whom a final order 

4 of removal has been issued; 

5 (B) any alien who is subject to a voluntary 

6 departure agreement that has become invalid 

7 under section 240B(a)(2) of the Immigration 

8 and Nationality Act (8 U.S.C. 1229c); and 

9 (C) any alien whose visa has been revoked. 

10 (2) REQUIREMENT TO PROVIDE AND USE IN11 FORMATION.—The information described in para12 graph (1) shall be provided to the National Crime 

13 Information Center, and the Center shall enter the 

14 information into the Immigration Violators File of 

15 the National Crime Information Center database if 

16 the name and date of birth are available for the indi17 vidual, regardless of whether the alien received no18 tice of a final order of removal or the alien has al19 ready been removed. 

20 (3) REMOVAL OF INFORMATION.—Should an in21 dividual be granted cancellation of removal under 

22 section 240A of the Immigration and Nationality 

23 Act (8 U.S.C. 1229b), or granted permission to le24 gally enter the United States pursuant to the Immi25 gration and Nationality Act after a voluntary depar-
44 

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1 ture under section 240B of the Immigration and 

2 Nationality Act (8 U.S.C. 1229c), information en3 tered into the National Crime Information Center in 

4 accordance with paragraph (1) of this section shall 

5 be promptly removed. 

6 (b) INCLUSION OF INFORMATION IN THE NATIONAL

7 CRIME INFORMATION CENTER DATABASE.—Section 

8 534(a) of title 28, United States Code, is amended— 

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

10 end; 

11 (2) by redesignating paragraph (4) as para12 graph (5); and 

13 (3) by inserting after paragraph (3) the fol14 lowing new paragraph: 

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

16 records of violations of the immigration laws of the 

17 United States, regardless of whether the alien has 

18 received notice of the violation or the alien has al19 ready been removed; and’’. 

Æ