II 

109TH CONGRESS 

1ST SESSION S. 2061 

To amend the Immigration and Nationality Act and other Act to provide 

for true enforcement and border security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. NELSON of Nebraska (for himself, Mr. SESSIONS, and Mr. COBURN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act and other 

Act to provide for true enforcement and border security, 

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; TABLE OF CONTENTS. 

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

5 ‘‘Border Security and Interior Enforcement Improvement 

6 Act of 2005’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Severability. 
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TITLE I—SOUTHWEST BORDER SECURITY 

Sec. 101. Construction of fencing and security improvements in border area 

from Pacific Ocean to Gulf of Mexico. 

Sec. 102. Border patrol agents. 

Sec. 103. Increased availability of Department of Defense equipment to assist 

with surveillance of southern international land border of the 

United States. 

Sec. 104. Ports of entry. 

Sec. 105. Authorization of appropriations. 

TITLE II—FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT 

Subtitle A—Additional Federal Resources 

Sec. 1. Necessary assets for controlling United States borders. 

Sec. 2. Additional immigration personnel. 

Sec. 3. Additional worksite enforcement and fraud detection agents. 

Sec. 4. Document fraud detection. 

Subtitle B—Maintaining Accurate Enforcement Data on Aliens 

Sec. 211. Entry-exit system. 

Sec. 212. State and local law enforcement provision of information regarding 

aliens. 

Sec. 213. Listing of immigration violators in the National Crime Information 

Center database. 

Subtitle C—Detention of Aliens and Reimbursement of Costs 

Sec. 221. Increase of Federal detention space and the utilization of facilities 

identified for closures as a result of the Defense Base Closure 

Realignment Act of 1990. 

Sec. 222. Federal custody of illegal aliens apprehended by State or local law 

enforcement. 

Sec. 223. Institutional Removal Program. 

Subtitle D—State, Local, and Tribal Enforcement of Immigration Laws 

Sec. 231. Congressional affirmation of immigration law enforcement authority 

by States and political subdivisions of States. 

Sec. 232. Immigration law enforcement training of State and local law enforcement personnel. 

Sec. 233. Immunity. 

TITLE V—PENALTIES AND ENFORCEMENT 

Subtitle A—Criminal and Civil Penalties 

Sec. 501. Criminal penalties for alien smuggling. 

Sec. 502. Criminal and civil penalties for entry of aliens at improper time or 

place, avoidance of examination or inspection, unlawful presence and misrepresentation or concealment of facts. 

Sec. 503. Civil and criminal penalties for aliens unlawfully present in the 

United States. 

Sec. 504. Increased penalties for reentry of removed aliens. 

Sec. 505. Civil and criminal penalties for document fraud, benefit fraud, and 

false claims of citizenship. 
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Sec. 506. Rendering inadmissible and deportable aliens participating in criminal 

street gangs. 

Sec. 507. Mandatory detention of suspected criminal street gang members. 

Sec. 508. Ineligibility from protection from removal and asylum. 

Sec. 509. Penalties for misusing social security numbers or filing false information with Social Security Administration. 

Subtitle B—Detention, Removal and Departure 

Sec. 511. Voluntary departure. 

Sec. 512. Release of aliens in removal proceedings. 

Sec. 513. Expedited removal of criminal aliens. 

Sec. 514. Reinstatement of previous removal orders. 

Sec. 515. Cancellation of removal. 

Sec. 516. Detention of dangerous aliens. 

Sec. 517. Alternatives to detention. 

Sec. 518. Release of aliens from noncontiguous countries. 

Sec. 519. Curtailment of visas for aliens from countries denying or delaying repatriation of nationals. 

Sec. 520. Authorization of appropriations. 

1 SEC. 2. SEVERABILITY. 

2 If any provision of this Act, any amendment made 

3 by this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, and the application 

6 of such provision to other persons not similarly situated 

7 or to other circumstances, shall not be affected by such 

8 holding. 

9 TITLE I—SOUTHWEST BORDER 

10 SECURITY 

11 SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IM12 PROVEMENTS IN BORDER AREA FROM PA13 CIFIC OCEAN TO GULF OF MEXICO. 

14 Section 102(b) of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

16 note) is amended— 
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1 (1) in the heading by striking ‘‘NEAR SAN

2 DIEGO, CALIFORNIA’’; 

3 (2) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) REINFORCED FENCING.— 

6 ‘‘(A) IN GENERAL.—In carrying out sub7 section (a), the Secretary of Homeland Security 

8 shall provide for— 

9 ‘‘(i) the construction along the south10 ern international land border of the United 

11 States, starting at the Pacific Ocean and 

12 extending eastward to the Gulf of Mexico, 

13 of at least 2 layers of reinforced fencing; 

14 and 

15 ‘‘(ii) the installation of such additional 

16 physical barriers, roads, lighting, and sen17 sors along such border as may be nec18 essary to eliminate illegal crossings along 

19 such border. 

20 ‘‘(B) PRIORITY AREAS.—With respect to 

21 the border described in subparagraph (A), the 

22 Secretary shall ensure that initial fence con23 struction occurs in high traffic and smuggling 

24 areas along such border. 
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1 ‘‘(C) CONSULTATION.—Before installing 

2 any fencing or other physical barriers, roads, 

3 lighting, or sensors under subclause (A), the 

4 Secretary shall consult with the Secretary of 

5 Defense for purposes of mitigating or limiting 

6 the impact of the fencing, barriers, roads, light7 ing, and sensors on military training and oper8 ations.’’; and 

9 (3) by striking ‘‘Attorney General’’ each place 

10 it appears and inserting ‘‘Secretary of Homeland Se11 curity’’ . 

12 SEC. 102. BORDER PATROL AGENTS. 

13 Section 5202 of the Intelligence Reform and Ter14 rorism Prevention Act of 2004 (Public Law 108–458; 118 

15 Stat. 3734) is amended— 

16 (1) by striking ‘‘2010’’ each place it appears 

17 and inserting ‘‘2011’’ ; and 

18 (2) by striking ‘‘2,000’’ and inserting ‘‘3,000’’. 

19 SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF 

20 DEFENSE EQUIPMENT TO ASSIST WITH SUR21 VEILLANCE OF SOUTHERN INTERNATIONAL 

22 LAND BORDER OF THE UNITED STATES. 

23 (a) INCREASED AVAILABILITY OF EQUIPMENT.—The 

24 Secretary of Defense and the Secretary of Homeland Se25 curity shall develop and implement a plan to use the au-
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1 thorities provided to the Secretary of Defense under chap2 ter 18 of title 10, United States Code, to increase the 

3 availability and use of Department of Defense equipment, 

4 including unmanned aerial vehicles, tethered aerostat ra5 dars, and other surveillance equipment, to assist with De6 partment of Homeland Security surveillance activities con7 ducted at or near the southern international land border 

8 of the United States. 

9 (b) REPORT.—Not later than 6 months after the date 

10 of enactment of this Act, the Secretary of Defense and 

11 the Secretary of Homeland Security shall submit a report 

12 to Congress that contains— 

13 (1) a description of the current use of Depart14 ment of Defense equipment to assist with Depart15 ment of Homeland Security surveillance of the 

16 southern international land border of the United 

17 States; 

18 (2) the plan developed under subsection (a) to 

19 increase the use of Department of Defense equip20 ment to assist with such surveillance activities; and 

21 (3) a description of the types of equipment and 

22 other support to be provided by Department of De23 fense under such plan during the one-year period be24 ginning after submission of the report. 
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1 SEC. 104. PORTS OF ENTRY. 

2 The Secretary of Homeland Security is authorized 

3 to— 

4 (1) construct additional ports of entry along the 

5 international land border of the United States, at lo6 cations to be determined by the Secretary; and 

7 (2) make necessary improvements to the ports 

8 of entry in existence on the date of enactment of this 

9 Act. 

10 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated $5,000,000,000 to carry out the amendment made 

13 by section 101 which shall be available until expended. 

14 (b) BORDER PATROL AGENTS.—There are author15 ized to be appropriated such sums as may be necessary 

16 to carry out the amendment made by section 102. 

17 (c) PORTS OF ENTRY.—There are authorized to be 

18 appropriated $125,000,000 to carry out section 104. 

19 (d) CONFORMING AMENDMENT.—Section 102(b)(4) 

20 of the Illegal Immigration Reform and Immigrant Respon21 sibility Act of 1996 (8 U.S.C. 1103 note) is repealed. 
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1 TITLE II—FEDERAL, STATE, AND 

2 LOCAL LAW ENFORCEMENT 

3 Subtitle A—Additional Federal 

4 Resources 

5 SEC. 1. NECESSARY ASSETS FOR CONTROLLING UNITED 

6 STATES BORDERS. 

7 (a) PERSONNEL.— 

8 (1) CUSTOMS AND BORDER PROTECTION OFFI9 CERS.—In each of the fiscal years 2007 through 

10 2011, the Secretary of Homeland Security shall in11 crease by not less than 250 the number of positions 

12 for full-time active duty Customs and Border Pro13 tection officers. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 (A) CUSTOMS AND BORDER PROTECTION

16 OFFICERS.—There are authorized to be appro17 priated such sums as may be necessary for each 

18 of fiscal years 2007 through 2011 to carry out 

19 paragraph (1). 

20 (B) TRANSPORTATION OF ALIENS.—There 

21 are authorized to be appropriated $25,000,000 

22 for each of fiscal years 2007 through 2011 for 

23 the transportation of aliens. 

24 (b) TECHNOLOGICAL ASSETS.— 
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1 (1) ACQUISITION.—The Secretary of Homeland 

2 Security shall procure unmanned aerial vehicles, 

3 cameras, poles, sensors, and other technologies nec4 essary to achieve operational control of the borders 

5 of the United States. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated 

8 $500,000,000 for each of fiscal years 2007 through 

9 2011 to carry out paragraph (1). 

10 (c) BORDER PATROL CHECKPOINTS.—Temporary or 

11 permanent checkpoints may be maintained on roadways 

12 in border patrol sectors close to the border between the 

13 United States and Mexico. 

14 SEC. 2. ADDITIONAL IMMIGRATION PERSONNEL. 

15 (a) DEPARTMENT OF HOMELAND SECURITY.— 

16 (1) INVESTIGATIVE PERSONNEL.—In addition 

17 to the positions authorized under section 5203 of the 

18 Intelligence Reform and Terrorism Prevention Act 

19 of 2004 (Public Law 108–458; 118 Stat. 3734), for 

20 each of fiscal years 2007 through 2011, the Sec21 retary of Homeland Security shall, subject to the 

22 availability of appropriations for such purpose, in23 crease by not less than 200 the number of positions 

24 for investigative personnel within the Department of 

25 Homeland Security investigating alien smuggling 
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1 and immigration status violations above the number 

2 of such positions for which funds were made avail3 able during the preceding fiscal year. 

4 (2) TRIAL ATTORNEYS.—In each of fiscal years 

5 2007 through 2011, the Secretary of Homeland Se6 curity shall, subject to the availability of appropria7 tions for such purpose, increase the number of posi8 tions for attorneys in the Office of General Counsel 

9 of the Department of Homeland Security who rep10 resent the Department in immigration matters by 

11 not less than 100 above the number of such posi12 tions for which funds were made available during 

13 each preceding fiscal year. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the De16 partment of Homeland Security for each of fiscal 

17 years 2007 through 2011 such sums as may be nec18 essary to carry out this subsection. 

19 (b) DEPARTMENT OF JUSTICE.— 

20 (1) ASSISTANT ATTORNEY GENERAL FOR IMMI21 GRATION ENFORCEMENT.— 

22 (A) ESTABLISHMENT.—There is estab23 lished within the Department of Justice the po24 sition of Assistant Attorney General for Immi25 gration Enforcement. The Assistant Attorney 
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1 General shall coordinate and prioritize immigra2 tion litigation and enforcement in the Federal 

3 courts, including— 

4 (i) removal and deportation; 

5 (ii) employer sanctions; and 

6 (iii) alien smuggling and human traf7 ficking. 

8 (B) CONFORMING AMENDMENT.—Section 

9 506 of title 28, United States Code, is amended 

10 by striking ‘‘ten’’ and inserting ‘‘11’’. 

11 (2) LITIGATION ATTORNEYS.—In each of fiscal 

12 years 2007 through 2011, the Attorney General 

13 shall, subject to the availability of appropriations for 

14 such purpose, increase by not less than 50 the num15 ber of positions for attorneys in the Office of Immi16 gration Litigation of the Department of Justice 

17 above the number of such positions for which funds 

18 were made available during the preceding fiscal year. 

19 (3) UNITED STATES ATTORNEYS.—In each of 

20 fiscal years 2007 through 2011, the Attorney Gen21 eral shall, subject to the availability of appropria22 tions for such purpose, increase by not less than 50 

23 the number of attorneys in the United States Attor24 neys’ office to litigate immigration cases in the Fed25 eral courts above the number of such positions for 
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1 which funds were made available during the pre2 ceding fiscal year. 

3 (4) IMMIGRATION JUDGES.—In each of fiscal 

4 years 2007 through 2011, the Attorney General 

5 shall, subject to the availability of appropriations for 

6 such purpose, increase by not less than 50 the num7 ber of immigration judges above the number of such 

8 positions for which funds were made available during 

9 the preceding fiscal year. 

10 (5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to the De12 partment of Justice for each of fiscal years 2007 

13 through 2011 such sums as may be necessary to 

14 carry out this subsection, including the hiring of 

15 necessary support staff. 

16 SEC. 3. ADDITIONAL WORKSITE ENFORCEMENT AND 

17 FRAUD DETECTION AGENTS. 

18 (a) WORKSITE ENFORCEMENT.—The Secretary of 

19 Homeland Security shall, subject to the availability of ap20 propriations for such purpose, annually increase, by not 

21 less than 2,000, the number of positions for investigators 

22 dedicated to enforcing compliance with sections 274 and 

23 274A of the Immigration and Nationality Act (8 U.S.C. 

24 1324, 1324a) during the 5-year period beginning on Octo25 ber 1, 2006. 
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1 (b) FRAUD DETECTION.—The Secretary of Home2 land Security shall, subject to the availability of appropria3 tions for such purpose, increase by not less than 1,000 

4 the number of positions for Immigration Enforcement 

5 Agents dedicated to immigration fraud detection during 

6 the 5-year period beginning on October 1, 2006. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated during each of fiscal 

9 years 2007 through 2011 such sums as may be necessary 

10 to carry out this section. 

11 SEC. 4. DOCUMENT FRAUD DETECTION. 

12 (a) TRAINING.—The Secretary of Homeland Security 

13 shall provide all customs and border protection officers 

14 with training in identifying and detecting fraudulent travel 

15 documents. Such training shall be developed in consulta16 tion with the Forensic Document Laboratory of the Immi17 gration and Customs Enforcement 

18 (b) FORENSIC DOCUMENT LABORATORY.—The Sec19 retary of Homeland Security shall provide all customs and 

20 border protection officers with access to the Forensic Doc21 ument Laboratory. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated $5,000,000 for each of 

24 fiscal years 2007 through 2011 to carry out this section. 
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1 Subtitle B—Maintaining Accurate 

2 Enforcement Data on Aliens 

3 SEC. 211. ENTRY-EXIT SYSTEM. 

4 (a) INTEGRATED ENTRY AND EXIT DATA SYSTEM.— 

5 Section 110(b)(1) of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (8 U.S.C. 

7 1365a(b)(1)) is amended to read as follows: 

8 ‘‘(1) provides access to, and integrates, arrival 

9 and departure data of all aliens who arrive and de10 part at ports of entry, in an electronic format and 

11 in a database of the Department of Homeland Secu12 rity or the Department of State (including those cre13 ated or used at ports of entry and at consular of14 fices);’’. 

15 (b) CONSTRUCTION.—Section 110(c) of the Illegal 

16 Immigration Reform and Immigrant Responsibility Act of 

17 1996 (8 U.S.C. 1365a(c)) is amended to read as follows: 

18 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

19 be construed to reduce or curtail any authority of the Sec20 retary of Homeland Security or the Secretary of State 

21 under any other provision of law.’’. 

22 (c) DEADLINES.—Section 110(d) of the Illegal Immi23 gration Reform and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1365a(d)) is amended— 
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1 (1) in paragraph (1), by striking ‘‘December 

2 31, 2003’’ and inserting ‘‘October 1, 2006’’; and 

3 (2) by amending paragraph (2) to read as fol4 lows: 

5 ‘‘(2) LAND BORDER PORTS OF ENTRY.—Not 

6 later than October 1, 2006, the Secretary of Home7 land Security shall implement the integrated entry 

8 and exit data system using the data described in 

9 paragraph (1) and available alien arrival and depar10 ture data described in subsection (b)(1) pertaining 

11 to aliens arriving in, or departing from, the United 

12 States at all land border ports of entry. Such imple13 mentation shall include ensuring that such data, 

14 when collected or created by an immigration officer 

15 at a port of entry, are entered into the system and 

16 can be accessed by immigration officers at airports, 

17 seaports, and other land border ports of entry.’’. 

18 (d) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.— 

19 Section 110(f)(1) of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 (8 U.S.C. 

21 1365a(f)(1)) is amended by adding at the end the fol22 lowing: 

23 ‘‘The Secretary of Homeland Security shall ensure that 

24 any officer or employee of the Department of Homeland 

25 Security or the Department of State having need to access 
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1 the data contained in the integrated entry and exit data 

2 system for any lawful purpose under the Immigration and 

3 Nationality Act has such access, including access for pur4 poses of representation of the Department of Homeland 

5 Security in removal proceedings under section 240 of such 

6 Act and adjudication of applications for benefits under 

7 such Act.’’. 

8 SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVI9 SION OF INFORMATION REGARDING ALIENS. 

10 (a) VIOLATIONS OF FEDERAL LAW.—A statute, pol11 icy, or practice that prohibits, or restricts in any manner, 

12 a law enforcement or administrative enforcement officer 

13 of a State or of a political subdivision therein, from enforc14 ing Federal immigration laws or from assisting or cooper15 ating with Federal immigration law enforcement in the 

16 course of carrying out the investigative or enforcement du17 ties of the officer or from providing information to an offi18 cial of the United States Government regarding the immi19 gration status of an individual who is believed to be ille20 gally present in the United States, is in violation of section 

21 642(a) of the Illegal Immigration Reform and Immigrant 

22 Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 

23 434 of the Personal Responsibility and Work Opportunity 

24 Reconciliation Act of 1996 (8 U.S.C. 1644). 
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1 (b) STATE AND LOCAL LAW ENFORCEMENT PROVI2 SION OF INFORMATION ABOUT APPREHENDED ILLEGAL

3 ALIENS.— 

4 (1) PROVISION OF INFORMATION.— 

5 (A) IN GENERAL.—Each law enforcement 

6 agency of a State or of a political subdivision 

7 therein shall provide to the Department of 

8 Homeland Security the information listed in 

9 paragraph (2) for each alien who is appre10 hended in the jurisdiction of such agency. 

11 (B) TIME LIMITATION.—Not later than 15 

12 days after an alien described in subparagraph 

13 (A) is apprehended, information required to be 

14 provided under paragraph (1) shall be provided 

15 in such form and in such manner as the Sec16 retary of Homeland Security may, by regulation 

17 or guideline, require. 

18 (C) EXCEPTION.—The reporting require19 ment in paragraph (A) shall not apply in the 

20 case of any alien determined to be lawfully 

21 present in the United States. 

22 (2) INFORMATION REQUIRED.—The information 

23 listed in this subsection is as follows: 

24 (A) The alien’s name. 
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1 (B) The alien’s address or place of resi2 dence. 

3 (C) A physical description of the alien. 

4 (D) The date, time, and location of the en5 counter with the alien and reason for stopping, 

6 detaining, apprehending, or arresting the alien. 

7 (E) If applicable— 

8 (i) the alien’s driver’s license number 

9 and the State of issuance of such license; 

10 (ii) the type of any other identification 

11 document issued to the alien, any designa12 tion number contained on the identification 

13 document, and the issuing entity for the 

14 identification document; 

15 (iii) the license number and descrip16 tion of any vehicle registered to, or oper17 ated by, the alien, and 

18 (iv) a photo of the alien and the 

19 alien’s fingerprints, if available or readily 

20 obtainable. 

21 (3) REIMBURSEMENT.—The Secretary of 

22 Homeland Security shall reimburse such law en23 forcement agencies for the costs, per a schedule de24 termined by the Secretary, incurred by such agencies 
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1 in collecting and transmitting the information de2 scribed in paragraph (2). 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) ILLEGAL IMMIGRATION REFORM AND IMMI5 GRANT RESPONSIBILITY ACT OF 1996.— 

6 (A) TECHNICAL AMENDMENT.—Section 

7 642 of the Illegal Immigration Reform and Im8 migrant Responsibility Act of 1996 (8 U.S.C. 

9 1373) is amended— 

10 (i) in subsections (a), (b)(1), and (c), 

11 by striking ‘‘Immigration and Naturaliza12 tion Service’’ each place it appears and in13 serting ‘‘Department of Homeland Secu14 rity’’; and 

15 (ii) in the heading by striking ‘‘IMMI16 GRATION AND NATURALIZATION SERV17 ICE’’ and inserting ‘‘DEPARTMENT OF

18 HOMELAND SECURITY’’. 

19 (B) CONFORMING AMENDMENT.—Section 

20 1(d) of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996 (division C 

22 of Public Law 104–208; 110 Stat. 3009–546) 

23 is amended by striking the item related to sec24 tion 642 and inserting the following: 

‘‘Sec. 642. Communication between government agencies and the Department 

of Homeland Security.’’. 
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1 (2) PERSONAL RESPONSIBILITY AND WORK OP2 PORTUNITY RECONCILIATION ACT OF 1996.— 

3 (A) IN GENERAL.—Section 434 of the Per4 sonal Responsibility and Work Opportunity 

5 Reconciliation Act of 1996 (8 U.S.C. 1644) is 

6 amended— 

7 (i) by striking ‘‘Immigration and Nat8 uralization Service’’ and inserting ‘‘Depart9 ment of Homeland Security’’; and 

10 (ii) in the heading by striking ‘‘IMMI11 GRATION AND NATURALIZATION SERV12 ICE’’ and inserting ‘‘DEPARTMENT OF

13 HOMELAND SECURITY’’. 

14 (B) CONFORMING AMENDMENT.—Section 

15 2 of the Personal Responsibility and Work Op16 portunity Reconciliation Act of 1996 (8 U.S.C. 

17 1642) (Public Law 104–193; 110 Stat. 2105) is 

18 amended by striking the item related to section 

19 434 and inserting the following: 

‘‘Sec. 434. Communication between State and local government agencies and 

the Department of Homeland Security.’’. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated such sums as may be nec22 essary to carry out the requirements of this section. 
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1 SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NA2 TIONAL CRIME INFORMATION CENTER DATA3 BASE. 

4 (a) PROVISION OF INFORMATION TO THE NATIONAL

5 CRIME INFORMATION CENTER.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of enactment of this Act, the Sec8 retary of Homeland Security shall provide the Na9 tional Crime Information Center of the Department 

10 of Justice with such information as the Department 

11 of Homeland Security may have in its possession of 

12 the Department related to— 

13 (A) any alien against whom a final order 

14 of removal has been issued; 

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

16 departure agreement that has become invalid 

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

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

19 (C) any alien detained by a Federal, State 

20 or local law enforcement agency whom a federal 

21 immigration officer has confirmed to be unlaw22 fully present in the United States but, in the 

23 exercise of discretion, has been released from 

24 detention without transfer into the custody of a 

25 Federal immigration officer. 
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1 (2) REMOVAL OF INFORMATION.—If an indi2 vidual is granted cancellation of removal under sec3 tion 240A of the Immigration and Nationality Act 

4 (8 U.S.C. 1229b), or granted permission to legally 

5 enter the United States pursuant to the Immigration 

6 and Nationality Act after a voluntary departure 

7 under section 240B of the Immigration Nationality 

8 Act (8 U.S.C. 1229c), information entered into the 

9 National Crime Information Center in accordance 

10 with paragraph (1) of this section shall be promptly 

11 removed. 

12 (b) INCLUSION OF INFORMATION IN THE NATIONAL

13 CRIME INFORMATION CENTER DATABASE.—Section 

14 534(a) of title 28, United States Code, is amended— 

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

16 end; 

17 (2) by redesignating paragraph (4) as para18 graph (5); and 

19 (3) by inserting after paragraph (3) the fol20 lowing new paragraph: 

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

22 records of violations of the immigration laws of the 

23 United States, regardless of whether the alien has 

24 received notice of the violation or the alien has al25 ready been removed; and’’. 
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1 (c) PERMISSION TO DEPART VOLUNTARILY.—Section 

2 240b of the Immigration and Nationality Act (8 U.S.C. 

3 1229c) is amended— 

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

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

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

8 and inserting ‘‘30’’. 

9 Subtitle C—Detention of Aliens and 

10 Reimbursement of Costs 

11 SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND 

12 THE UTILIZATION OF FACILITIES IDENTIFIED 

13 FOR CLOSURES AS A RESULT OF THE DE14 FENSE BASE CLOSURE REALIGNMENT ACT 

15 OF 1990. 

16 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

17 FACILITIES.— 

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

19 Security shall construct or acquire, in addition to ex20 isting facilities for the detention of aliens, 20 deten21 tion facilities in the United States that have the ca22 pacity to detain a combined total of not less than 

23 10,000 individuals at any time for aliens detained 

24 pending removal or a decision on removal of such 

25 alien from the United States. 
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1 (2) DETERMINATION OF LOCATION.—The loca2 tion of any detention facility built or acquired in ac3 cordance with this subsection shall be determined 

4 with the concurrence of the Secretary by the senior 

5 officer responsible for Detention and Removal Oper6 ations in the Department of Homeland Security. 

7 The detention facilities shall be located so as to en8 able the Department to increase to the maximum ex9 tent practicable the annual rate and level of remov10 als of illegal aliens from the United States. 

11 (3) USE OF INSTALLATIONS UNDER BASE CLO12 SURE LAWS.—In acquiring detention facilities under 

13 this subsection, the Secretary of Homeland Security 

14 shall consider the transfer of appropriate portions of 

15 military installations approved for closure or realign16 ment under the Defense Base Closure and Realign17 ment Act of 1990 (10 U.S.C. 2687 note) for use in 

18 accordance with paragraph (1). 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

21 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex22 pend’’ and inserting ‘‘shall expend’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to carry out this section. 
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1 SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE2 HENDED BY STATE OR LOCAL LAW ENFORCE3 MENT. 

4 (a) IN GENERAL.—Title II of the Immigration and 

5 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

6 adding after section 240C the following new section: 

7 ‘‘TRANSFER OF ILLEGAL ALIENS FROM STATE TO

8 FEDERAL CUSTODY

9 ‘‘SEC. 240D. (a) IN GENERAL.—If the head of a law 

10 enforcement entity of a State (or, if appropriate, a polit11 ical subdivision of the State) exercising authority with re12 spect to the apprehension or arrest of an illegal alien sub13 mits a request to the Secretary of Homeland Security that 

14 the alien be taken into Federal custody, the Secretary of 

15 Homeland Security— 

16 ‘‘(1) shall— 

17 ‘‘(A) deem the request to include the in18 quiry to verify immigration status described in 

19 section 642(c) of the Immigration Reform and 

20 Immigrant Responsibility Act of 1996, and ex21 peditiously inform the requesting entity whether 

22 such individual is an illegal alien; and 

23 ‘‘(B) either— 

24 ‘‘(i) not later than 72 hours after the 

25 conclusion of the State charging process or 

26 dismissal process, or if no State charging 
26 

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1 or dismissal process is required, not later 

2 than 72 hours after the illegal alien is ap3 prehended, take the illegal alien into the 

4 custody of the Federal Government and in5 carcerate the alien; or 

6 ‘‘(ii) request that the relevant State or 

7 local law enforcement agency temporarily 

8 detain or transport the illegal alien to a lo9 cation for transfer to Federal custody; and 

10 ‘‘(2) shall designate at least 1 Federal, State, 

11 or local prison or jail or a private contracted prison 

12 or detention facility within each State as the central 

13 facility for that State to transfer custody of criminal 

14 or illegal aliens to the Department of Homeland Se15 curity. 

16 ‘‘(b) REIMBURSEMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security shall reimburse a State or a political sub19 division of a State for expenses, as verified by the 

20 Secretary of Homeland Security, incurred by the 

21 State or political subdivision in the detention and 

22 transportation of a criminal or illegal alien as de23 scribed in subparagraphs (A) and (B) of subsection 

24 (a)(1). 
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1 ‘‘(2) COST COMPUTATION.—Compensation pro2 vided for costs incurred under subparagraphs (A) 

3 and (B) of subsection (a)(1) shall be— 

4 ‘‘(A) the product of— 

5 ‘‘(i) the average daily cost of incarcer6 ation of a prisoner in the relevant State, as 

7 determined by the chief executive officer of 

8 a State (or, as appropriate, a political sub9 division of the State); multiplied by 

10 ‘‘(ii) the number of days that the alien 

11 was in the custody of the State or political 

12 subdivision; plus 

13 ‘‘(B) the cost of transporting the criminal 

14 or illegal alien from the point of apprehension 

15 or arrest to the location of detention, and if the 

16 location of detention and of custody transfer 

17 are different, to the custody transfer point; plus 

18 ‘‘(C) the cost of uncompensated emergency 

19 medical care provided to a detained illegal alien 

20 during the period between the time of trans21 mittal of the request described in subsection (a) 

22 and the time of transfer into Federal custody. 

23 ‘‘(c) REQUIREMENT FOR APPROPRIATE SECURITY.— 

24 The Secretary of Homeland Security shall ensure that ille25 gal aliens incarcerated in a Federal facility pursuant to 
28 

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1 this subsection are held in facilities which provide an ap2 propriate level of security, and that, where practicable, 

3 aliens detained solely for civil violations of Federal immi4 gration law are separated within a facility or facilities. 

5 ‘‘(d) REQUIREMENT FOR SCHEDULE.—In carrying 

6 out this section, the Secretary of Homeland Security shall 

7 establish a regular circuit and schedule for the prompt 

8 transportation of apprehended illegal aliens from the cus9 tody of those States and political subdivisions of States 

10 which routinely submit requests described in subsection 

11 (a) into Federal custody. 

12 ‘‘(e) AUTHORITY FOR CONTRACTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

14 Security may enter into contracts or cooperative 

15 agreements with appropriate State and local law en16 forcement and detention agencies to implement this 

17 section. 

18 ‘‘(2) DETERMINATION BY SECRETARY.—Prior 

19 to entering into a contract or cooperative agreement 

20 with a State or political subdivision of a State under 

21 paragraph (1), the Secretary shall determine wheth22 er the State, or where appropriate, the political sub23 division in which the agencies are located has in 

24 place any formal or informal policy that violates sec25 tion 642 of the Illegal Immigration Reform and Im-
29 

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

2 The Secretary shall not allocate any of the funds 

3 made available under this section to any State or po4 litical subdivision that has in place a policy that vio5 lates such section. 

6 ‘‘(f) ILLEGAL ALIEN DEFINED.—In this section, the 

7 term ‘illegal alien’ means an alien who— 

8 ‘‘(1) entered the United States without inspec9 tion or at any time or place other than that des10 ignated by the Secretary of Homeland Security; 

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

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

13 State or a political subdivision of the State, had 

14 failed to— 

15 ‘‘(A) maintain the nonimmigrant status in 

16 which the alien was admitted or to which it was 

17 changed under section 248; or 

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

19 such status; 

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

21 subsequently failed to comply with the requirements 

22 of that status; or 

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

24 voluntary departure agreement or under a final 

25 order of removal.’’. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

2 DETENTION AND TRANSPORTATION TO FEDERAL CUS3 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

4 authorized to be appropriated $850,000,000 for fiscal year 

5 2007 and each subsequent fiscal year for the detention 

6 and removal of aliens not lawfully present in the United 

7 States under the Immigration and Nationality Act (8 

8 U.S.C. 1101 et seq.). 

9 SEC. 223. INSTITUTIONAL REMOVAL PROGRAM. 

10 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

11 (1) CONTINUATION.—The Secretary of Home12 land Security shall continue to operate the Institu13 tional Removal Program or develop and implement 

14 any other program to— 

15 (A) identify removable criminal aliens in 

16 Federal and State correctional facilities; 

17 (B) ensure that such aliens are not re18 leased into the community; and 

19 (C) remove such aliens from the United 

20 States after the completion of their sentences. 

21 (2) EXPANSION.—the Secretary of Homeland 

22 Security shall extend the institutional removal pro23 gram to all States. Each state should— 

24 (A) cooperate with officials of the Federal 

25 Institutional Removal Program; 
31 

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1 (B) expeditiously and systematically iden2 tify criminal aliens in its prison and jail popu3 lations; and 

4 (C) promptly convey the information col5 lected under subparagraph (B) to officials of 

6 the Institutional Removal Program. 

7 (b) IMPLEMENTATION OF COOPERATIVE INSTITU8 TIONAL REMOVAL PROGRAMS.— 

9 (1) REDESIGNATION.—Section 642 of the Ille10 gal Immigration Reform and Immigrant Responsi11 bility Act of 1996 (8 U.S.C. 1373) is— 

12 (A) redesignated as section 296 of the Im13 migration and Nationality Act; and 

14 (B) inserted into such Act after section 

15 295 of such Act. 

16 (2) AMENDMENT.—Section 296 of the Immi17 gration and Nationality Act, as redesignated by 

18 paragraph (1), is amended by adding at the end the 

19 following: 

20 ‘‘(d) AUTHORIZATION FOR DETENTION AFTER COM21 PLETION OF STATE OR LOCAL PRISON SENTENCE .—Law 

22 enforcement officers of a State or political subdivision of 

23 a State are authorized to— 

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

25 14 days after the alien has completed the alien’s 
32 

•S 2061 IS

1 State prison sentence in order to effectuate the 

2 transfer of the alien to Federal custody when the 

3 alien is removable or not lawfully present in the 

4 United States; or 

5 ‘‘(2) issue a detainer that would allow aliens 

6 who have served a State prison sentence to be de7 tained by the State prison until personnel from the 

8 Bureau of Immigration and Customs Enforcement 

9 can take the alien into custody. 

10 ‘‘(e) TECHNOLOGY USAGE.—Technology such as 

11 videoconferencing shall be used to the maximum extent 

12 practicable in order to make the Institutional Removal 

13 Program available in remote locations. Mobile access to 

14 Federal databases of aliens, such as IDENT, and live scan 

15 technology shall be used to the maximum extent prac16 ticable in order to make these resources available to State 

17 and local law enforcement agencies in remote locations. 

18 ‘‘(f) ENFORCEMENT.— 

19 ‘‘(1) INELIGIBILITY FOR FEDERAL LAW EN20 FORCEMENT AID.—Upon a determination that any 

21 person, or any Federal, State, or local government 

22 agency or entity, is in violation of subsection (a) or 

23 (b), the Attorney General shall not provide to such 

24 person, agency, or entity any grant amount pursuant 

25 to any law enforcement grant program carried out 
33 

•S 2061 IS

1 by any element of the Department of Justice, includ2 ing the program under section 241(i) of the Immi3 gration and Nationality Act (8 U.S.C. 241(i)), or 

4 pursuant to any grant program authorized under 

5 title I of the Housing and Community Development 

6 Act of 1974 (42 U.S.C. 5301 et seq.), and shall en7 sure that no such grant amounts are provided, di8 rectly or indirectly, to such person, agency, or entity. 

9 In the case of grant amounts that otherwise would 

10 be provided to such person, agency, or entity pursu11 ant to a formula, such amounts shall be reallocated 

12 among eligible recipients. 

13 ‘‘(2) VIOLATIONS BY GOVERNMENT OFFI14 CIALS.—In any case in which a Federal, State, or 

15 local government official is in violation of subsection 

16 (a) or (b), the government agency or entity that em17 ploys (or, at the time of the violation, employed) the 

18 official shall be subject to the sanction described in 

19 paragraph (1). 

20 ‘‘(3) DURATION.—The sanction described in 

21 paragraph (1) shall remain in effect until the Sec22 retary of Homeland Security determines that the 

23 person, agency, or entity has ceased violating sub24 sections (a) and (b). 
34 

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1 ‘‘(g) PRIVATE RIGHT OF ACTION.—A citizen or na2 tional of the United States who is domiciled in a State 

3 or in a political subdivision of a State shall have a right 

4 of action in the United States district court of the State 

5 in which such citizen or national is domiciled to obtain 

6 declaratory and injunctive relief to remedy a violation of 

7 subsection (a) or (b) by an agency, agent, or official of 

8 the State or political subdivision. 

9 ‘‘(h) REPORT TO CONGRESS.—The Secretary of 

10 Homeland Security shall submit to Congress a report on 

11 the participation of States in the Institutional Removal 

12 Program and in any other program under subsection (a). 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out the Institu15 tional Removal Program— 

16 ‘‘(1) $30,000,000 for fiscal year 2007; 

17 ‘‘(2) $40,000,000 for fiscal year 2008; 

18 ‘‘(3) $50,000,000 for fiscal year 2009; 

19 ‘‘(4) $60,000,000 for fiscal year 2010; and 

20 ‘‘(5) $70,000,000 for fiscal year 2011.’’. 
35 

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1 Subtitle D—State, Local, and Tribal 

2 Enforcement of Immigration Laws 

3 SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION 

4 LAW ENFORCEMENT AUTHORITY 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 purpose of assisting in 

14 the enforcement of the immigration laws of the United 

15 States in the normal course of carrying out the law en16 forcement duties of such personnel. This State authority 

17 has never been displaced or preempted by a Federal law. 

18 SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF 

19 STATE AND LOCAL LAW ENFORCEMENT PER20 SONNEL. 

21 (a) TRAINING FLEXIBILITY.— 

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

23 Security shall make training of State and local law 

24 enforcement officers available through as many 

25 means as possible, including residential training at 
36 

•S 2061 IS

1 the Center for Domestic Preparedness of the De2 partment of Homeland Security, onsite training held 

3 at State or local police agencies or facilities, on-line 

4 training courses by computer, teleconferencing, and 

5 videotape, or the digital video display (DVD) of a 

6 training course or courses. 

7 (2) ON-LINE TRAINING.—The head of the Dis8 tributed Learning Program of the Federal Law En9 forcement Training Center shall make training avail10 able for State and local law enforcement personnel 

11 via the Internet through a secure, encrypted distrib12 uted learning system that has all its servers based 

13 in the United States. 

14 (3) FEDERAL PERSONNEL TRAINING.—The 

15 training of State and local law enforcement per16 sonnel under this section shall not displace the train17 ing of Federal personnel. 

18 (b) COOPERATIVE ENFORCEMENT PROGRAMS.—The 

19 Secretary shall negotiate and execute, where practicable, 

20 a cooperative enforcement agreement described in section 

21 287(g) of the Immigration and Nationality Act (8 U.S.C. 

22 1375(g)) with at least 1 law enforcement agency in each 

23 State, to train law enforcement officers in the detection 

24 and apprehension of individuals engaged in transporting, 
37 

•S 2061 IS

1 harboring, sheltering, or encouraging aliens in violation of 

2 section 274 of such Act (8 U.S.C. 1324). 

3 (c) 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 ex7 ercising the inherent authority of the officer to investigate, 

8 identify, apprehend, arrest, detain, or transfer to Federal 

9 custody illegal aliens during the normal course of carrying 

10 out the law enforcement duties of the officer. 

11 (d) TECHNICAL AMENDMENT.—Section 287(g) of the 

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

13 amended by striking ‘‘Attorney General’’ each place it ap14 pears and inserting ‘‘Secretary of Homeland Security’’. 

15 SEC. 233. IMMUNITY. 

16 (a) PERSONAL IMMUNITY.—Notwithstanding any 

17 other provision of law, a law enforcement officer of a 

18 State, or of a political subdivision of a State, shall be im19 mune, to the same extent as a Federal law enforcement 

20 officer, from personal liability arising out of the enforce21 ment of any immigration law. The immunity provided by 

22 this subsection shall only apply to an officer of a State, 

23 or of a political subdivision of a State, who is acting within 

24 the scope of such officer’s official duties. 
38 

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1 (b) AGENCY IMMUNITY.—Notwithstanding any other 

2 provision of law, a law enforcement agency of a State, or 

3 of a political subdivision of a State, shall be immune from 

4 any claim for money damages based on Federal, State, 

5 or local civil rights law for an incident arising out of the 

6 enforcement of any immigration law, except to the extent 

7 that the law enforcement officer of such agency, whose ac8 tion the claim involves, committed a violation of Federal, 

9 State, or local criminal law in the course of enforcing such 

10 immigration law. 

11 TITLE V—PENALTIES AND 

12 ENFORCEMENT 

13 Subtitle A—Criminal and Civil 

14 Penalties 

15 SEC. 501. CRIMINAL PENALTIES FOR ALIEN SMUGGLING. 

16 Section 274(a) of the Immigration and Nationality 

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

18 (1) in paragraph (1)(B)— 

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

20 and inserting ‘‘15 years’’; 

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

22 and inserting ‘‘10 years’’; and 

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

24 and inserting ‘‘40 years’’; 

25 (2) in paragraph (2)— 
39 

•S 2061 IS

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

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

3 both’’; 

4 (B) in subparagraph (B)— 

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

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

7 United States Code, and imprisoned not 

8 less than 5 years nor more than 25 

9 years,’’; 

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

11 the end and inserting the following: ‘‘be 

12 fined under title 18, United States Code, 

13 and imprisoned not less than 3 years not 

14 more than 20 years, or’’; and 

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

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

17 United States Code, and imprisoned not 

18 more than 15 years, or’’; and 

19 (iv) by striking the matter following 

20 clause (iii) and inserting the following new 

21 subparagraph: 

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

23 offense described in subparagraph (B) and for 

24 any other violation, shall be fined under title 
40 

•S 2061 IS

1 18, United States Code, and imprisoned not 

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

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

4 and inserting ‘‘10 years’’; 

5 (4) in paragraph (3)(B), by striking ‘‘brought 

6 into’’ and inserting ‘‘transported, harbored, shel7 tered, or encouraged or induced to enter or reside 

8 in’’; and 

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

10 and inserting ‘‘20 years’’. 

11 SEC. 502. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF 

12 ALIENS AT IMPROPER TIME OR PLACE, 

13 AVOIDANCE OF EXAMINATION OR INSPEC14 TION, UNLAWFUL PRESENCE AND MISREPRE15 SENTATION OR CONCEALMENT OF FACTS. 

16 Section 275 of the Immigration and Nationality Act 

17 (8 U.S.C. 1325) is amended to read as follows: 

18 ‘‘ENTRY AT IMPROPER TIME OR PLACE; AVOIDANCE OF

19 EXAMINATION OR INSPECTION; UNLAWFUL PRES20 ENCE; MISREPRESENTATION OR CONCEALMENT OF

21 FACTS

22 ‘‘SEC. 275. (a) IN GENERAL.—Any alien who— 

23 ‘‘(1) enters or attempts to enter the United 

24 States at any time or place other than as designated 

25 by immigration officers; 
41 

•S 2061 IS

1 ‘‘(2) eludes examination or inspection by immi2 gration officers; or 

3 ‘‘(3) attempts to enter or obtains entry to the 

4 United States by a willfully false or misleading rep5 resentation or the willful concealment of a material 

6 fact, 

7 shall, for the first commission of any such offense, be fined 

8 under title 18, United States Code, or imprisoned not 

9 more than 2 years, or both. For each subsequent unlawful 

10 entry or attempted entry in violation of this section, an 

11 alien shall be fined under title 18, United States Code, 

12 or imprisoned not more than 5 years, or both. 

13 ‘‘(b) IMMIGRATION-RELATED ENTREPRENEURSHIP

14 FRAUD.—Any individual who knowingly established a 

15 commercial enterprise for the purpose of evading any pro16 vision of the immigration laws shall be fined not more than 

17 $500,000, or imprisoned not more than 10 years, or 

18 both.’’. 

19 SEC. 503. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN20 LAWFULLY PRESENT IN THE UNITED STATES. 

21 (a) IN GENERAL.—Title II of the Immigration and 

22 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

23 adding after section 275 the following new section: 
42 

•S 2061 IS

1 ‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN

2 THE UNITED STATES

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

4 other violation, an alien present in the United States in 

5 violation of this Act shall be guilty of a misdemeanor and 

6 shall be fined under title 18, United States Code, impris7 oned not more than 1 year, or both. The assets of any 

8 alien present in the United States in violation of this Act 

9 shall be subject to forfeiture under title 19, United States 

10 Code. 

11 ‘‘(b) AFFIRMATIVE DEFENSE.—It shall be an affirm12 ative defense to a violation of subsection (a) that the alien 

13 overstayed the time allotted under the alien’s visa due to 

14 an exceptional and extremely unusual hardship or physical 

15 illness that prevented the alien from leaving the United 

16 States by the required date.’’. 

17 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

18 ENTRY.—Section 275(a) of the Immigration and Nation19 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘6 

20 months,’’ and inserting ‘‘1 year,’’. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to limit the authority of any State 

23 or political subdivision therein to enforce criminal trespass 

24 laws against aliens whom a law enforcement agency has 
43 

•S 2061 IS

1 verified to be present in the United States in violation of 

2 this Act. 

3 SEC. 504. INCREASED PENALTIES FOR REENTRY OF RE4 MOVED ALIENS. 

5 (a) IN GENERAL.—Subsection (a) of section 276 of 

6 the Immigration and Nationality Act (8 U.S.C. 1326) is 

7 amended to read as follows: 

8 ‘‘(a) Subject to subsection (b), any alien shall be fined 

9 under title 18, United States Code, or imprisoned not 

10 more than 2 years, or both, who— 

11 ‘‘(1) has been denied admission, excluded, de12 ported, or removed or has departed the United 

13 States while an order of exclusion, deportation, or 

14 removal is outstanding; and 

15 ‘‘(2) thereafter enters, attempts to enter, or is 

16 at any time found in, the United States, unless, in 

17 the case of an alien previously denied admission and 

18 removed, the alien establishes that the alien was not 

19 required to obtain from the Secretary of Homeland 

20 Security advance consent to reapply for admission 

21 under this Act or any prior Act.’’. 

22 (b) CRIMINAL PENALTIES FOR REENTRY OF CER23 TAIN REMOVED ALIENS.—Subsection (b) of such section 

24 is amended— 
44 

•S 2061 IS

1 (1) in paragraph (3), by striking ‘‘sentence.’’ 

2 and inserting ‘‘sentence;’’; and 

3 (2) in paragraph (4), by striking ‘‘(unless the 

4 Attorney General has expressly consented to such 

5 alien’s reentry)’’. 

6 (c) REENTRY OF ALIENS REMOVED PRIOR TO COM7 PLETION OF IMPRISONMENT.—Subsection (c) of such sec8 tion is amended— 

9 (1) by inserting ‘‘(as in effect before the effec10 tive date of the amendments made by section 305 of 

11 the Illegal Immigration Reform and Immigrant Re12 sponsibility Act of 1996), or removed under section 

13 241(a)(4),’’ after ‘‘242(h)(2)’’; 

14 (2) by striking ‘‘(unless the Attorney General 

15 has expressly consented to such alien’s reentry)’’; 

16 (3) by inserting ‘‘or removal’’ after ‘‘time of de17 portation’’; and 

18 (4) by inserting ‘‘or removed’’ after ‘‘reentry of 

19 deported’’. 

20 (d) CHALLENGE TO VALIDITY OF ORDER.—Sub21 section (d) of such section is amended— 

22 (1) in the matter before paragraph (1), by 

23 striking ‘‘deportation order’’ and inserting ‘‘deporta24 tion or removal order’’; and 
45 

•S 2061 IS

1 (2) in paragraph (2), by inserting ‘‘or removal’’ 

2 after ‘‘deportation’’. 

3 (e) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of enactment of 

5 this Act and shall apply to criminal proceedings involving 

6 aliens who enter, attempt to enter, or are found in the 

7 United States, after such date. 

8 SEC. 505. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT 

9 FRAUD, BENEFIT FRAUD, AND FALSE CLAIMS 

10 OF CITIZENSHIP. 

11 (a) CIVIL PENALTIES FOR DOCUMENT FRAUD.—Sec12 tion 274C(d)(3) of the Immigration and Nationality Act 

13 (8 U.S.C. 1324c(d)(3)) is amended— 

14 (1) in subparagraph (A), by striking ‘‘$250 and 

15 not more than $2,000’’ and inserting ‘‘$500 and not 

16 more than $4,000’’; and 

17 (2) in subparagraph (B), by striking ‘‘$2,000 

18 and not more than $5,000’’ and inserting ‘‘$4,000 

19 and not more than $10,000’’. 

20 (b) FRAUD AND FALSE STATEMENTS.—Chapter 47 

21 of title 18, United States Code, is amended— 

22 (1) in section 1015, by striking ‘‘not more than 

23 5 years’’ and inserting ‘‘not more than 10 years’’; 

24 and 

25 (2) in section 1028(b)— 
46 

•S 2061 IS

1 (A) in paragraph (1), by striking ‘‘15 

2 years’’ and inserting ‘‘20 years’’; 

3 (B) in paragraph (2), by striking ‘‘three 

4 years’’ and inserting ‘‘6 years’’; 

5 (C) in paragraph (3), by striking ‘‘20 

6 years’’ and inserting ‘‘25 years’’; and 

7 (D) in paragraph (6), by striking ‘‘one 

8 year’’ and inserting ‘‘2 years’’. 

9 (c) DOCUMENT FRAUD.—Section 1546 of title 18, 

10 United States Code, is amended— 

11 (1) in subsection (a)— 

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

13 and inserting ‘‘not less than 25 years’’ 

14 (B) by inserting ‘‘and if the terrorism of15 fense resulted in the death of any person, shall 

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

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

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

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

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

21 ‘‘imprisoned not more than 20 years’’; and 

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

23 ‘‘imprisoned not more than 25 years’’; and 

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

25 inserting ‘‘10 years’’. 
47 

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1 (d) CRIMES OF VIOLENCE.— 

2 (1) IN GENERAL.—Title 18, United States 

3 Code, is amended by inserting after chapter 51 the 

4 following: 

5 ‘‘CHAPTER 52—ILLEGAL ALIENS 

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

7 COMMITTED BY ILLEGAL ALIENS. 

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

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

10 a crime of violence or a drug trafficking offense (as de11 fined in section 924), shall be fined under this title and 

12 sentenced to not less than 5 years in prison. 

13 ‘‘(b) If an alien who violates subsection (a) was pre14 viously ordered removed under the Immigration and Na15 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

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

17 not less than 15 years in prison. 

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

19 section shall run consecutively to any other sentence of 

20 imprisonment imposed for any other crime.’’. 

21 (2) CLERICAL AMENDMENT.—The table of 

22 chapters at the beginning of part I of title 18, 

23 United States Code, is amended by inserting after 

24 the item relating to chapter 51 the following: 

‘‘CHAPTER 52—ILLEGAL ALIENS

‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens.’’. 
48 

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1 SEC. 506. RENDERING INADMISSIBLE AND DEPORTABLE 

2 ALIENS PARTICIPATING IN CRIMINAL 

3 STREET GANGS. 

4 (a) INADMISSIBLE.—Section 212(a)(2) of the Immi5 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

6 amended by adding at the end the following: 

7 ‘‘(J) CRIMINAL STREET GANG PARTICIPA8 TION.— 

9 ‘‘(i) IN GENERAL.—Any alien is inad10 missible if— 

11 ‘‘(I) the alien has been removed 

12 under section 237(a)(2)(F); or 

13 ‘‘(II) the consular officer or the 

14 Secretary of Homeland Security 

15 knows, or has reasonable ground to 

16 believe that the alien— 

17 ‘‘(aa) is a member of a 

18 criminal street gang and has 

19 committed, conspired, or threat20 ened to commit, or seeks to enter 

21 the United States to engage sole22 ly, principally, or incidentally in, 

23 a gang crime or any other unlaw24 ful activity; or 
49 

•S 2061 IS

1 ‘‘(bb) is a member of a 

2 criminal street gang designated 

3 under section 219A. 

4 ‘‘(ii) DEFINITIONS.—In this subpara5 graph: 

6 ‘‘(I) CRIMINAL STREET GANG.— 

7 The term ‘criminal street gang’ means 

8 an ongoing group, club organization 

9 or informal association of 5 or more 

10 persons who engage, or have engaged 

11 within the past 5 years in a con12 tinuing series of 3 or more gang 

13 crimes (one of which is a crime of vio14 lence, as defined in section 16 of title 

15 18, United States Code). 

16 ‘‘(II) GANG CRIME.—The term 

17 ‘gang crime’ means conduct consti18 tuting any Federal or State crime, 

19 punishable by imprisonment for 1 

20 year or more, in any of the following 

21 categories: 

22 ‘‘(aa) A crime of violence (as 

23 defined in section 16 of title 18, 

24 United States Code). 
50 

•S 2061 IS

1 ‘‘(bb) A crime involving ob2 struction of justice, tampering 

3 with or retaliating against a wit4 ness, victim, or informant, or 

5 burglary. 

6 ‘‘(cc) A crime involving the 

7 manufacturing, importing, dis8 tributing, possessing with intent 

9 to distribute, or otherwise dealing 

10 in a controlled substance or listed 

11 chemical (as those terms are de12 fined in section 102 of the Con13 trolled Substances Act (21 

14 U.S.C. 802)). 

15 ‘‘(dd) Any conduct punish16 able under section 844 of title 

17 18, United States Code (relating 

18 to explosive materials), sub19 section (d), (g)(1) (where the un20 derlying conviction is a violent 

21 felony (as defined in section 

22 924(e)(2)(B) of such title) or is a 

23 serious drug offense (as defined 

24 in section 924(e)(2)(A)), (i), (j), 

25 (k), (o), (p), (q), (u), or (x) of 
51 

•S 2061 IS

1 section 922 of such title (relating 

2 to unlawful acts), or subsection 

3 (b), (c), (g), (h), (k), (l), (m), or 

4 (n) of section 924 of such title 

5 (relating to penalties), section 

6 930 of such title (relating to pos7 session of firearms and dan8 gerous weapons in Federal facili9 ties), section 931 of such title 

10 (relating to purchase, ownership, 

11 or possession of body armor by 

12 violent felons), sections 1028 and 

13 1029 of such title (relating to 

14 fraud and related activity in con15 nection with identification docu16 ments or access devices), section 

17 1952 of such title (relating to 

18 interstate and foreign travel or 

19 transportation in aid of racket20 eering enterprises), section 1956 

21 of such title (relating to the laun22 dering of monetary instruments), 

23 section 1957 of such title (relat24 ing to engaging in monetary 

25 transactions in property derived 
52 

•S 2061 IS

1 from specified unlawful activity), 

2 or sections 2312 through 2315 of 

3 such title (relating to interstate 

4 transportation of stolen motor ve5 hicles or stolen property). 

6 ‘‘(ee) Any conduct punish7 able under section 274 (relating 

8 to bringing in and harboring cer9 tain aliens), section 277 (relating 

10 to aiding or assisting certain 

11 aliens to enter the United 

12 States), or section 278 (relating 

13 to importation of alien for im14 moral purpose) of this Act.’’. 

15 (b) DEPORTABLE.—Section 237(a)(2) of the Immi16 gration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

17 amended by adding at the end the following: 

18 ‘‘(F) CRIMINAL STREET GANG PARTICIPA19 TION.— 

20 ‘‘(i) IN GENERAL.—An alien is deport21 able if the alien— 

22 ‘‘(I) is a member of a criminal 

23 street gang and is convicted of com24 mitting, or conspiring, threatening, or 
53 

•S 2061 IS

1 attempting to commit, a gang crime; 

2 or 

3 ‘‘(II) is determined by the Sec4 retary of Homeland Security to be a 

5 member of a criminal street gang des6 ignated under section 219A. 

7 ‘‘(ii) DEFINITIONS.—For purposes of 

8 this subparagraph, the terms ‘criminal 

9 street gang’ and ‘gang crime’ have the 

10 meaning given such terms in section 

11 212(a)(2)(J)(ii).’’. 

12 (c) DESIGNATION OF CRIMINAL STREET GANGS.— 

13 (1) IN GENERAL.—Chapter 2 of title II of the 

14 Immigration and Nationality Act (8 U.S.C. 1181 et 

15 seq.) is amended by adding at the end the following: 

16 ‘‘DESIGNATION OF CRIMINAL STREET GANGS

17 ‘‘SEC. 219A. (a) DESIGNATION.— 

18 ‘‘(1) IN GENERAL.—The Attorney General is 

19 authorized to designate a group or association as a 

20 criminal street gang in accordance with this sub21 section if the Attorney General finds that the group 

22 or association meets the criteria described in section 

23 212(a)(2)(J)(ii)(I). 

24 ‘‘(2) PROCEDURE.— 

25 ‘‘(A) NOTICE.— 
54 

•S 2061 IS

1 ‘‘(i) TO CONGRESSIONAL LEADERS.— 

2 Seven days before making a designation 

3 under this subsection, the Attorney Gen4 eral shall, by classified communication, no5 tify the Speaker and Minority Leader of 

6 the House of Representatives, the Presi7 dent pro tempore, Majority Leader, and 

8 Minority Leader of the Senate, and the 

9 members of the relevant committees of the 

10 House of Representatives and the Senate, 

11 in writing, of the intent to designate a 

12 group or association under this subsection, 

13 together with the findings made under 

14 paragraph (1) with respect to that group 

15 or association, and the factual basis there16 fore. 

17 ‘‘(ii) PUBLICATION IN FEDERAL REG18 ISTER.—The Attorney shall publish the 

19 designation in the Federal Register 7 days 

20 after providing the notification under 

21 clause (i). 

22 ‘‘(B) EFFECT OF DESIGNATION.— 

23 ‘‘(i) A designation under this sub24 section shall take effect upon publication 

25 under subparagraph (A)(ii). 
55 

•S 2061 IS

1 ‘‘(ii) Any designation under this sub2 section shall cease to have effect upon an 

3 Act of Congress disapproving such des4 ignation. 

5 ‘‘(3) RECORD.—In making a designation under 

6 this subsection, the Attorney General shall create an 

7 administrative record. 

8 ‘‘(4) PERIOD OF DESIGNATION.— 

9 ‘‘(A) IN GENERAL.—A designation under 

10 this subsection shall be effective for all purposes 

11 until revoked under paragraph (5) or (6) or set 

12 aside pursuant to subsection (b). 

13 ‘‘(B) REVIEW OF DESIGNATION UPON PE14 TITION.— 

15 ‘‘(i) IN GENERAL.—The Attorney 

16 General shall review the designation of a 

17 criminal street gang under the procedures 

18 set forth in clauses (iii) and (iv) if the des19 ignated gang or association files a petition 

20 for revocation within the petition period 

21 described in clause (ii). 

22 ‘‘(ii) PETITION PERIOD.—For pur23 poses of clause (i)— 

24 ‘‘(I) if the designated gang or as25 sociation has not previously filed a pe-
56 

•S 2061 IS

1 tition for revocation under this sub2 paragraph, the petition period begins 

3 2 years after the date on which the 

4 designation was made; or 

5 ‘‘(II) if the designated gang or 

6 association has previously filed a peti7 tion for revocation under this sub8 paragraph, the petition period begins 

9 2 years after the date of the deter10 mination made under clause (iv) on 

11 that petition. 

12 ‘‘(iii) PROCEDURES.—Any criminal 

13 street gang that submits a petition for rev14 ocation under this subparagraph shall pro15 vide evidence in that petition that the rel16 evant circumstances described in para17 graph (1) are sufficiently different from 

18 the circumstances that were the basis for 

19 the designation such that a revocation with 

20 respect to the gang is warranted. 

21 ‘‘(iv) DETERMINATION.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than 180 days after receiving a peti24 tion for revocation submitted under 

25 this subparagraph, the Attorney Gen-
57 

•S 2061 IS

1 eral shall make a determination as to 

2 such revocation. 

3 ‘‘(II) PUBLICATION OF DETER4 MINATION.—A determination made by 

5 the Attorney General under this 

6 clause shall be published in the Fed7 eral Register. 

8 ‘‘(III) PROCEDURES.—Any rev9 ocation by the Attorney General shall 

10 be made in accordance with para11 graph (6). 

12 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

13 ‘‘(i) IN GENERAL.—If in a 4-year pe14 riod no review has taken place under sub15 paragraph (B), the Attorney General shall 

16 review the designation of the criminal 

17 street gang in order to determine whether 

18 such designation should be revoked pursu19 ant to paragraph (6). 

20 ‘‘(ii) PROCEDURES.—If a review does 

21 not take place pursuant to subparagraph 

22 (B) in response to a petition for revocation 

23 that is filed in accordance with that sub24 paragraph, then the review shall be con25 ducted pursuant to procedures established 
58 

•S 2061 IS

1 by the Attorney General. The results of 

2 such review and the applicable procedures 

3 shall not be reviewable in any court. 

4 ‘‘(iii) PUBLICATION OF RESULTS OF

5 REVIEW.—The Attorney General shall pub6 lish any determination made pursuant to 

7 this subparagraph in the Federal Register. 

8 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 

9 Congress, by an Act of Congress, may block or re10 voke a designation made under paragraph (1). 

11 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR12 CUMSTANCES.— 

13 ‘‘(A) IN GENERAL.—The Attorney General 

14 may revoke a designation made under para15 graph (1) at any time, and shall revoke a des16 ignation upon completion of a review conducted 

17 pursuant to subparagraphs (b) and (c) of para18 graph (4) if the Attorney General finds that— 

19 ‘‘(i) the circumstances that were the 

20 basis for the designation have changed in 

21 such a manner as to warrant revocation; or 

22 ‘‘(ii) the national security of the 

23 United States warrants a revocation. 

24 ‘‘(B) PROCEDURE.—The procedural re25 quirements of paragraphs (2) and (3) shall 
59 

•S 2061 IS

1 apply to a revocation under this paragraph. Any 

2 revocation shall take effect on the date specified 

3 in the revocation or upon publication in the 

4 Federal Register if no effective date is specified. 

5 ‘‘(7) EFFECT OF REVOCATION.—The revocation 

6 of a designation under paragraph (5) or (6) shall 

7 not affect any action or proceeding based on conduct 

8 committed prior to the effective date of such revoca9 tion. 

10 ‘‘(8) USE OF DESIGNATION IN HEARING.—If a 

11 designation under this subsection has become effec12 tive under paragraph (2)(B), an alien in a removal 

13 proceeding shall not be permitted to raise any ques14 tion concerning the validity of the issuance of such 

15 designation as a defense or an objection at any hear16 ing. 

17 ‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 

18 ‘‘(1) IN GENERAL.—Not later than 60 days 

19 after publication of the designation in the Federal 

20 Register, a group or association designated as a 

21 criminal street gang may seek judicial review of the 

22 designation in the United States Court of Appeals 

23 for the District of Columbia Circuit. 
60 

•S 2061 IS

1 ‘‘(2) BASIS OF REVIEW.—Review under this 

2 subsection shall be based solely upon the administra3 tive record. 

4 ‘‘(3) SCOPE OF REVIEW.—The court shall hold 

5 unlawful and set aside a designation the court finds 

6 to be— 

7 ‘‘(A) arbitrary, capricious, an abuse of dis8 cretion, or otherwise not in accordance with 

9 law; 

10 ‘‘(B) contrary to constitutional right, 

11 power, privilege, or immunity; 

12 ‘‘(C) in excess of statutory jurisdiction, au13 thority, or limitation, or short of statutory 

14 right; 

15 ‘‘(D) lacking substantial support in the ad16 ministrative record taken as a whole; or 

17 ‘‘(E) not in accord with the procedures re18 quired by law. 

19 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend20 ency of an action for judicial review of a designation 

21 shall not affect the application of this section, unless 

22 the court issues a final order setting aside the des23 ignation. 

24 ‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 

25 this section, the term ‘relevant committees’ means the 
61 

•S 2061 IS

1 Committee on the Judiciary of the Senate and the Com2 mittee on the Judiciary of the House of Representatives.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents for the Immigration and Nationality Act (8 

5 U.S.C. 1101 et seq.) is amended by inserting after 

6 the item relating to section 219 the following: 

‘‘Sec. 219A. Designation of criminal street gangs.’’. 

7 SEC. 507. MANDATORY DETENTION OF SUSPECTED CRIMI8 NAL STREET GANG MEMBERS. 

9 (a) IN GENERAL.—Section 236(c)(1)(d) of the Immi10 gration and Nationality Act (8 U.S.C. 1226(c)(1)(d)) is 

11 amended— 

12 (1) by inserting ‘‘or 212(a)(2)(J)’’ after 

13 ‘‘212(a)(3)(B)’’; and 

14 (2) by inserting ‘‘or 237(a)(2)(F)’’ before 

15 ‘‘237(a)(4)(B)’’. 

16 (b) ANNUAL REPORT.—Not later than March 1 of 

17 each year (beginning 1 year after the date of enactment 

18 of this Act), the Secretary of Homeland Security, after 

19 consultation with the appropriate Federal agencies, shall 

20 submit a report to the Committee on the Judiciary of the 

21 Senate and the Committee on the Judiciary of the House 

22 of Representatives on the number of aliens detained under 

23 the amendments made by subsection (a). 
62 

•S 2061 IS

1 SEC. 508. INELIGIBILITY FROM PROTECTION FROM RE2 MOVAL AND ASYLUM. 

3 (a) INAPPLICABILITY OF RESTRICTION ON REMOVAL

4 TO CERTAIN COUNTRIES.—Section 241(b)(3)(B) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1251(b)(3)(B)) is amended, in the matter preceding 

7 clause (i), by inserting ‘‘who is described in section 

8 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who is’’ after 

9 ‘‘to an alien’’. 

10 (b) INELIGIBILITY FOR ASYLUM.—Section 

11 208(b)(2)(A) of such act (8 U.S.C. 1158(b)(2)(A)) is 

12 amended— 

13 (1) in clause (v), by striking ‘‘or’’ at the end; 

14 (2) by redesignating clause (vi) as clause (vii); 

15 and 

16 (3) by inserting after clause (v) the following: 

17 ‘‘(vi) the alien is described in section 

18 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 

19 (relating to participation in criminal street 

20 gangs); or’’. 

21 (c) DENIAL OF REVIEW OF DETERMINATION OF IN22 ELIGIBILITY FOR TEMPORARY PROTECTED STATUS.— 

23 Section 244(c)(2) of such Act (8 U.S.C. 1254(c)(2)) is 

24 amended by adding at the end the following: 

25 ‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 

26 There shall be no judicial review of any finding 
63 

•S 2061 IS

1 under subparagraph (B) that an alien is de2 scribed in section 208(b)(2)(A)(vi).’’. 

3 SEC. 509. PENALTIES FOR MISUSING SOCIAL SECURITY 

4 NUMBERS OR FILING FALSE INFORMATION 

5 WITH SOCIAL SECURITY ADMINISTRATION. 

6 (a) MISUSE OF SOCIAL SECURITY NUMBERS.— 

7 (1) IN GENERAL.—Section 208(a) of the Social 

8 Security Act (42 U.S.C. 408(a)) is amended— 

9 (A) in paragraph (7), by adding after sub10 paragraph (C) the following: 

11 ‘‘(D) with intent to deceive, discloses, sells, 

12 or transfers his own social security account 

13 number, assigned to him by the Commissioner 

14 of Social Security (in the exercise of the Com15 missioner’s authority under section 205(c)(2) to 

16 establish and maintain records), to any person; 

17 or’’; 

18 (B) in paragraph (8), by adding ‘‘or’’ at 

19 the end; and 

20 (C) by inserting after paragraph (8) the 

21 following: 

22 ‘‘(9) without lawful authority, offers, for a fee, 

23 to acquire for any individual, or to assist in acquir24 ing for any individual, an additional social security 
64 

•S 2061 IS

1 account number or a number that purports to be a 

2 social security account number; 

3 ‘‘(10) willfully acts or fails to act so as to cause 

4 a violation of section 205(c)(2)(C)(xii); 

5 ‘‘(11) being an officer or employee of any exec6 utive, legislative, or judicial agency or instrumen7 tality of the Federal Government or of a State or 

8 political subdivision thereof (or a person acting as 

9 an agent of such an agency or instrumentality) in 

10 possession of any individual’s social security account 

11 number (or an officer or employee thereof or a per12 son acting as an agent thereof), willfully acts or fails 

13 to act so as to cause a violation of clause (vi)(II), 

14 (x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); 

15 or 

16 ‘‘(12) being a trustee appointed in a case under 

17 title 11, United States Code (or an officer or em18 ployee thereof or a person acting as an agent there19 of), willfully acts or fails to act so as to cause a vio20 lation of clause (x) or (xi) of section 205(c)(2)(C).’’. 

21 (2) EFFECTIVE DATES.—Paragraphs (7)(D) 

22 and (9) of section 208(a) of the Social Security Act, 

23 as added by paragraph (1), shall apply with respect 

24 to each violation occurring after the date of enact25 ment of this Act. Paragraphs (10), (11), and (12) 
65 

•S 2061 IS

1 of section 208(a) of such Act, as added by para2 graph (1)(C), shall apply with respect to each viola3 tion occurring on or after the effective date of this 

4 Act. 

5 (b) REPORT ON ENFORCEMENT EFFORTS CON6 CERNING EMPLOYERS FILING FALSE INFORMATION RE7 TURNS.—The Commissioner of Internal Revenue and the 

8 Commissioner of Social Security shall submit an annual 

9 report to the appropriate congressional committees on ef10 forts taken to identify and enforce penalties against em11 ployers that file incorrect information returns. 

12 Subtitle B—Detention, Removal 

13 and Departure 

14 SEC. 511. VOLUNTARY DEPARTURE. 

15 (a) IN GENERAL.—Section 240B of the Immigration 

16 and Nationality Act (8 U.S.C. 1229c) is amended to read 

17 as follows: 

18 ‘‘VOLUNTARY DEPARTURE

19 ‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The 

20 Secretary of Homeland Security may permit an alien vol21 untarily to depart the United States at the alien’s own 

22 expense under this subsection, in lieu of being subject to 

23 proceedings under section 240 and in lieu of applying for 

24 another form of relief from removal, if the alien is not 

25 deportable under paragraph (2)(A)(iii) or (4)(B) of section 

26 237(a). Permission to depart voluntarily under this sub-
66 

•S 2061 IS

1 section shall not be valid for a period exceeding 90 days 

2 and cannot be extended. The Secretary of Homeland Secu3 rity shall require an alien permitted to depart voluntarily 

4 under this subsection to post a voluntary departure bond, 

5 in an amount necessary to ensure that the alien will de6 part, to be surrendered upon proof that the alien has de7 parted the United States within the time specified. 

8 ‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.— 

9 The Secretary of Homeland Security may permit an alien 

10 voluntarily to depart the United States at the alien’s own 

11 expense under this subsection prior to the scheduling of 

12 the first merits hearing, in lieu of applying for another 

13 form of relief from removal, if the alien is not deportable 

14 under paragraph (2)(A)(iii) or (4)(B) of section 237(a). 

15 Permission to depart voluntarily under this subsection 

16 shall not be valid for a period exceeding 60 days and can17 not be extended. The Secretary shall require an alien per18 mitted to depart voluntarily under this subsection to post 

19 a voluntary departure bond, in an amount necessary to 

20 ensure that the alien will depart, to be surrendered upon 

21 proof that the alien has departed the United States within 

22 the time specified. 

23 ‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.— 

24 ‘‘(1) IN GENERAL.—Once the first merits hear25 ing has been scheduled under section 240, the Sec-
67 

•S 2061 IS

1 retary of Homeland Security may permit an alien 

2 voluntarily to depart the United States at the alien’s 

3 own expense under this subsection, in lieu of pur4 suing another form of relief from removal, if the im5 migration judge enters an order granting voluntary 

6 departure in lieu of removal and finds that— 

7 ‘‘(A) the alien has been physically present 

8 in the United States for a period of at least 1 

9 year immediately preceding the date the notice 

10 to appear was served under section 239(a); 

11 ‘‘(B) the alien is, and has been, a person 

12 of good moral character for at least 5 years im13 mediately preceding the alien’s application for 

14 voluntary departure; 

15 ‘‘(C) the alien is not deportable under 

16 paragraph (2)(A)(iii) or (4)(B) of section 

17 237(a); and 

18 ‘‘(D) the alien has established by clear and 

19 convincing evidence that the alien has the 

20 means to depart the United States and intends 

21 to do so. 

22 ‘‘(2) PERIOD.—Permission to depart voluntarily 

23 under this subsection shall not be valid for a period 

24 exceeding 45 days and cannot be extended. 
68 

•S 2061 IS

1 ‘‘(3) BOND.—The Secretary of Homeland Secu2 rity shall require an alien permitted to depart volun3 tarily under this subsection to post a voluntary de4 parture bond, in an amount necessary to ensure that 

5 the alien will depart, to be surrendered upon proof 

6 that the alien has departed the United States within 

7 the time specified. 

8 ‘‘(d) ALIENS NOT ELIGIBLE.—The Secretary of 

9 Homeland Security shall not permit an alien to depart vol10 untarily under this section if the alien was previously per11 mitted to depart voluntarily under section 244(e) or this 

12 section, or to voluntarily return, at any time. 

13 ‘‘(e) CIVIL PENALTY FOR FAILURE TO DEPART.—If 

14 an alien is permitted to depart voluntarily under this sec15 tion and fails voluntarily to depart the United States with16 in the time period specified, the alien shall be subject to 

17 a civil penalty of not less than $1,000 and not more than 

18 $5,000, and be ineligible for a period of 10 years for any 

19 further relief under this section and sections 240A, 245, 

20 248, and 249. The order permitting the alien to depart 

21 voluntarily shall inform the alien of the penalties under 

22 this subsection. 

23 ‘‘(f) ADDITIONAL CONDITIONS.—The Secretary of 

24 Homeland Security may by regulation limit eligibility for 

25 voluntary departure under this section for any class or 
69 

•S 2061 IS

1 classes of aliens. No court may review any regulation 

2 issued under this subsection. 

3 ‘‘(g) TREATMENT OF ALIENS ARRIVING IN THE

4 UNITED STATES.—In the case of an alien who is arriving 

5 in the United States and with respect to whom pro6 ceedings under section 240 are (or would otherwise be) 

7 initiated at the time of such alien’s arrival, subsections 

8 (a) through (c) shall not apply. Nothing in this paragraph 

9 shall be construed as preventing such an alien from with10 drawing the application for admission in accordance with 

11 section 235(a)(4). 

12 ‘‘(h) REVIEW.—There shall be no administrative or 

13 judicial review of a denial of a request for an order of 

14 voluntary departure. No court or agency shall order a stay 

15 of an alien’s removal pending consideration of any claim 

16 with respect to voluntary departure. The order permitting 

17 the alien to depart voluntarily shall inform the alien that 

18 the alien has no right to appeal any issue relating to the 

19 removal proceeding. 

20 ‘‘(i) VOLUNTARY DEPARTURE AGREEMENTS NEGO21 TIATED BY STATE OR LOCAL COURTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security may permit an alien voluntarily to depart 

24 the United States at the alien’s own expense under 

25 this subsection at any time prior to the scheduling 
70 

•S 2061 IS

1 of the first merits hearing, in lieu of applying for an2 other form of relief from removal, if the alien— 

3 ‘‘(A) is deportable under section 237(a)(1); 

4 ‘‘(B) is charged in a criminal proceeding in 

5 a State or local court for which conviction 

6 would subject the alien to deportation under 

7 paragraphs (2) through (6) of section 237(a); 

8 and 

9 ‘‘(C) has accepted a plea bargain in such 

10 proceeding which stipulates that the alien, after 

11 consultation with counsel in such proceeding— 

12 ‘‘(i) voluntarily waives application for 

13 another form of relief from removal; 

14 ‘‘(ii) consents to transportation, under 

15 custody of a law enforcement officer of the 

16 State or local court, to an appropriate 

17 international port of entry where departure 

18 from the United States will occur; 

19 ‘‘(iii) possesses or will promptly obtain 

20 travel documents issued by the foreign 

21 state of which the alien is a national or 

22 legal resident; and 

23 ‘‘(iv) possesses the means to purchase 

24 transportation from the port of entry to 
71 

•S 2061 IS

1 the foreign state to which the alien will de2 part from the United States. 

3 ‘‘(2) REVIEW.—The Secretary shall promptly 

4 review an application for voluntary departure for 

5 compliance with the requirements of paragraph (1). 

6 The Secretary shall permit voluntary departure 

7 under this subsection unless the State or local juris8 diction is informed in writing not later that 30 days 

9 after such application is filed, that the Secretary in10 tends to seek removal under section 240.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on the date of enactment 

13 of this Act and shall apply to aliens who are in proceedings 

14 under the Immigration and Nationality Act on or after 

15 such date if those proceedings have not resulted in a final 

16 administrative order before such date. 

17 SEC. 512. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

18 (a) IN GENERAL.—Section 236(a)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1226(a)(2)) is 

20 amended to read as follows: 

21 ‘‘(2) subject to section 241(a)(8), may release 

22 the alien on bond of at least $10,000, with security 

23 approved by, and containing conditions prescribed 

24 by, the Secretary of Homeland Security, but the 

25 Secretary shall not release the alien on or to his own 
72 

•S 2061 IS

1 recognizance unless an order of an immigration 

2 judge expressly finds that the alien is not a flight 

3 risk and is not a threat to the United States; and’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall take effect on the date of enactment 

6 of this Act. 

7 SEC. 513. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 

8 (a) IN GENERAL.—Section 238 of the Immigration 

9 and Nationality Act (8 U.S.C. 1228) is amended— 

10 (1) by amending the section heading to read as 

11 follows: ‘‘EXPEDITED REMOVAL OF CRIMINAL

12 ALIENS’’ 

13 (2) in subsection (a), by amending the sub14 section heading to read as follows: ‘‘EXPEDITED RE15 MOVAL FROM CORRECTIONAL FACILITIES’’; 

16 (3) in subsection (b), by amending the sub17 section heading to read as follows: ‘‘REMOVAL OF

18 CRIMINAL ALIENS’’; 

19 (4) in subsection (b), by striking paragraphs 

20 (1) and (2) and inserting the following: 

21 ‘‘(1) IN GENERAL.—The Secretary may, in the 

22 case of an alien described in paragraph (2), deter23 mine the deportability of such alien and issue an 

24 order of removal pursuant to the procedures set 

25 forth in this subsection or section 240. 
73 

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1 ‘‘(2) ALIENS DESCRIBED.—An alien is de2 scribed in this paragraph if the alien, whether or not 

3 admitted into the United States, was convicted of 

4 any criminal offense described in subparagraph 

5 (A)(iii), (C), or (D) of section 237(a)(2).’’; 

6 (5) in the first subsection (c) (relating to pre7 sumption of deportability), by striking ‘‘convicted of 

8 an aggravated felony’’ and inserting ‘‘described in 

9 paragraph (b)(2)’’; 

10 (6) by redesignating the second subsection (c) 

11 (relating to judicial removal) as subsection (d); and 

12 (7) in subsection (d)(5) (as so redesignated), by 

13 striking ‘‘, who is deportable under this Act,’’. 

14 (b) LIMIT ON INJUNCTIVE RELIEF.—Section 

15 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended 

16 by inserting ‘‘or stay, whether temporarily or otherwise,’’ 

17 after ‘‘enjoin’’. 

18 SEC. 514. REINSTATEMENT OF PREVIOUS REMOVAL OR19 DERS. 

20 Section 241(a)(5) of the Immigration and Nationality 

21 Act (8 U.S.C. 1231(a)(5)) is amended to read as follows: 

22 ‘‘(5) REINSTATEMENT OF PREVIOUS REMOVAL

23 ORDERS.— 

24 ‘‘(A) REMOVAL.—The Secretary of Home25 land Security shall remove an alien who is an 
74 

•S 2061 IS

1 applicant for admission (other than an admis2 sible alien presenting himself or herself for in3 spection at a port of entry or an alien paroled 

4 into the United States under section 

5 212(d)(5)), after having been, on or after Sep6 tember 30, 1996, excluded, deported, or re7 moved, or having departed voluntarily under an 

8 order of exclusion, deportation, or removal. 

9 ‘‘(B) JUDICIAL REVIEW.—The removal de10 scribed in subparagraph (A) shall not require 

11 any proceeding before an immigration judge, 

12 and shall be under the prior order of exclusion, 

13 deportation, or removal, which is not subject to 

14 reopening or review. The alien is not eligible 

15 and may not apply for or receive any immigra16 tion relief or benefit under this Act or any other 

17 law, with the exception of sections 208 or 

18 241(b)(3) or the United Nations Convention 

19 Against Torture and Other Cruel, Inhuman, or 

20 Degrading Treatment or Punishment in the 

21 case of an alien who indicates either an inten22 tion to apply for asylum under section 208 or 

23 a fear of persecution or torture.’’. 
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1 SEC. 515. CANCELLATION OF REMOVAL. 

2 Section 240A(c) of the Immigration and Nationality 

3 Act (8 U.S.C. 1229b(c)) is amended by adding at the end 

4 the following: 

5 ‘‘(7) An alien who is inadmissible under section 

6 212(a)(9)(B)(i).’’. 

7 SEC. 516. DETENTION OF DANGEROUS ALIENS. 

8 (a) REMOVAL OF TERRORIST ALIENS.— 

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

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

11 amended— 

12 (A) in section 208(b)(2)(A) (8 U.S.C. 

13 1158(b)(2)(A)), by amending clause (v) to read 

14 as follows: 

15 ‘‘(v) the alien is described in section 

16 212(a)(3)(B), 212(a)(3)(F), or 

17 237(a)(4)(B) unless, in the case only of an 

18 alien described in section 

19 212(a)(3)(B)(i)(IV), the Secretary of 

20 Homeland Security or the Attorney Gen21 eral determines that there are not reason22 able grounds for regarding the alien as a 

23 danger to the security of the United 

24 States; or’’; 
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1 (B) in section 240A(c) (8 U.S.C. 

2 1229b(c)), by amending paragraph (4) to read 

3 as follows: 

4 ‘‘(4) An alien described in section 212(a)(3) or 

5 237(a)(4).’’; 

6 (C) in section 240B(b)(1)(C) (8 U.S.C. 

7 1229c(b)(1)(C)), by striking ‘‘deportable 

8 under’’ and inserting ‘‘described in’’; 

9 (D) in section 241(b)(3)(B) (8 U.S.C. 

10 1251(b)(3)(B))— 

11 (i) in clause (iii), by striking ‘‘or’’ at 

12 the end; 

13 (ii) in clause (iv), by striking the pe14 riod at the end and inserting ‘‘; or’’; 

15 (iii) by inserting after clause (iv) the 

16 following: 

17 ‘‘(v) the alien is described in section 

18 212(a)(3)(B), 212(a)(3)(F), or 

19 237(a)(4)(B), unless, in the case only of 

20 an alien described in section 

21 212(a)(3)(B)(i)(IV), the Secretary of 

22 Homeland Security or the Attorney Gen23 eral determines that there are not reason24 able grounds for regarding the alien as a 
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1 danger to the security of the United 

2 States.’’; and 

3 (iv) by striking ‘‘For purposes of 

4 clause (iv)’’ and all that follows; and 

5 (E) in section 249 (8 U.S.C. 1259)— 

6 (i) by striking ‘‘inadmissible under 

7 section 212(a)(3)(E) or under section’’ and 

8 inserting ‘‘described in section 

9 212(a)(3)(E) or’’; and 

10 (ii) in subsection (d), by striking ‘‘to 

11 citizenship and is not deportable under’’ 

12 and inserting ‘‘for citizenship and is not 

13 described in’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall take effect on the date of en16 actment of this Act and shall apply to— 

17 (A) all aliens subject to removal, deporta18 tion, or exclusion at any time; and 

19 (B) acts and conditions constituting a 

20 ground for inadmissibility, excludability, depor21 tation, or removal occurring or existing before, 

22 on, or after such effective date. 

23 (b) DETENTION OF DANGEROUS ALIENS.— 
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1 (1) IN GENERAL.—Section 241(a) of the Immi2 gration and Nationality Act (8 U.S.C. 1231(a)) is 

3 amended— 

4 (A) by striking ‘‘Attorney General’’ and in5 serting ‘‘Secretary of Homeland Security’’ each 

6 place it appears ; 

7 (B) in paragraph (2), by inserting ‘‘If a 

8 court orders a stay of removal of an alien who 

9 is subject to an order of removal that is admin10 istratively final, the Secretary of Homeland Se11 curity, in the exercise of the Secretary’s discre12 tion, may detain the alien during the pendency 

13 of such stay of removal, before the beginning of 

14 the removal period, as provided in paragraph 

15 (1)(B)(ii).’’ after ‘‘detain the alien.’’; and 

16 (C) in paragraph (6), by striking ‘‘removal 

17 period and, if released,’’ and inserting ‘‘removal 

18 period, in the discretion of the Secretary, with19 out any limitations other than those specified 

20 by the Secretary of Homeland Security by regu21 lation, until the alien is removed. If an alien is 

22 released, the alien’’. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by paragraph (1) shall take effect upon the date of 

25 enactment of this Act, and shall apply to cases in 
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1 which the final administrative removal order was 

2 issued before, on, or after such date. 

3 SEC. 517. ALTERNATIVES TO DETENTION. 

4 The Secretary of Homeland Security shall implement 

5 pilot programs in 6 States with the largest estimated pop6 ulations of deportable aliens to study the effectiveness of 

7 alternatives to detention, including electronic monitoring 

8 devices and intensive supervision programs, in ensuring 

9 alien appearance at court and compliance with removal or10 ders. 

11 SEC. 518. RELEASE OF ALIENS FROM NONCONTIGUOUS 

12 COUNTRIES. 

13 (a) MINIMUM BOND.—Section 236(a)(2) of the Im14 migration and Nationality Act (8 U.S.C. 1226(a)(2)) is 

15 amended— 

16 (1) by striking ‘‘on’’; 

17 (2) in subparagraph (a)— 

18 (A) by inserting ‘‘except as provided under 

19 subparagraph (B), upon the giving of a’’ before 

20 ‘‘bond’’; and 

21 (B) by striking ‘‘or’’ at the end; 

22 (3) by redesignating subparagraph (B) as sub23 paragraph (C); and 

24 (4) by inserting after subparagraph (A) the fol25 lowing: 
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1 ‘‘(B) if the alien is a national of a non2 contiguous country, has not been admitted or 

3 paroled into the United States, and was appre4 hended within 100 miles of the international 

5 border of the United States or presents a flight 

6 risk, as determined by the Secretary of Home7 land Security, upon the giving of a bond of at 

8 least $5,000 with security approved by, and 

9 containing conditions prescribed by, the Sec10 retary of Homeland Security or the Attorney 

11 General; or.’’ 

12 (b) REPORT.—Two years after the effective date of 

13 this Act, the Secretary of Homeland Security shall submit 

14 a report to Congress on the number of aliens from non15 contiguous countries who are apprehended between land 

16 border ports of entry. 

17 SEC. 519. CURTAILMENT OF VISAS FOR ALIENS FROM 

18 COUNTRIES DENYING OR DELAYING REPA19 TRIATION OF NATIONALS. 

20 Section 244 of the Immigration and Nationality Act 

21 (8 U.S.C. 1253) is amended by adding at the end the fol22 lowing new subsection: 

23 ‘‘(e) PUBLIC LISTING OF ALIENS WITH NO SIGNIFI24 CANT LIKELIHOOD OF REMOVAL.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security shall establish and maintain a public listing 

3 of every alien who is subject to a final order of re4 moval and with respect to whom the Secretary or 

5 any Federal court has determined that there is no 

6 significant likelihood of removal in the reasonably 

7 foreseeable future due to the refusal, or unreason8 able delay, of all countries designated by the alien 

9 under this section to receive the alien. The public 

10 listing shall indicate whether such alien has been re11 leased from Federal custody, and the city and State 

12 in which such alien resides. 

13 ‘‘(2) DISCONTINUATION OF VISAS.—If 24 or 

14 more of the citizens, subjects, or nationals of any 

15 foreign state remain on the public listing described 

16 in paragraph (1) throughout any month— 

17 ‘‘(A) such foreign state shall be deemed to 

18 have denied or unreasonably delayed the accept19 ance of such aliens; 

20 ‘‘(B) the Secretary of Homeland Security 

21 shall make the notification to the Secretary of 

22 State prescribed in subsection (d) of this sec23 tion; and 

24 ‘‘(C) the Secretary of State shall dis25 continue the issuance of nonimmigrant visas to 
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1 citizens, subjects, or nationals of such foreign 

2 state until such time as the number of aliens on 

3 the public listing from such foreign state has— 

4 ‘‘(i) declined to fewer than 6; or 

5 ‘‘(ii) remained below 25 for at least 

6 30 days.’’. 

7 SEC. 520. AUTHORIZATION OF APPROPRIATIONS. 

8 In addition to amounts otherwise authorized to be ap9 propriated, there are authorized to be appropriated such 

10 sums as may be necessary for each of fiscal years 2007 

11 through 2011 to carry out this title. 

Æ