SEC. 234. USICE RESPONSE TO REQUESTS FOR ASSISTANCE 
FROM STATE AND LOCAL LAW ENFORCE-
MENT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 240C the following new section: 
‘‘CUSTODY OF ILLEGAL ALIENS 
‘‘SEC. 240D. (a) If the chief executive officer of a 
State (or, if appropriate, a political subdivision of the 
State) exercising authority with respect to the apprehen-
sion of an illegal alien submits a request to the Secretary 
of Homeland Security that the alien be taken into Federal 
custody, the Secretary of Homeland Security—
‘‘(1) shall—
‘‘(A) not later than 48 hours after the con-
clusion of the State charging process or dis-
missal process, or if no State charging or dis-
missal process is required, not later than 48 
hours after the illegal alien is apprehended, 
take the illegal alien into the custody of the 
Federal Government and incarcerate the alien; 
or 
‘‘(B) request that the relevant State or 
local law enforcement agency temporarily incar-
cerate or transport the illegal alien for transfer 
to Federal custody; and
‘‘(2) shall designate a Federal, State, or local 
prison or jail or a private contracted prison or deten-
tion facility within each State as the central facility 
for that State to transfer custody of the criminal or 
illegal aliens to the Department of Homeland Secu-
rity. 
‘‘(b) The Department of Homeland Security shall re-
imburse States and localities for all reasonable expenses, 
as determined by the Secretary of Homeland Security, in-
curred by a State or locality in the incarceration and 
transportation of an illegal alien as described in subpara-
graphs (A) and (B) of subsection (a)(1). Compensation 
provided for costs incurred under such subparagraphs 
shall be the average cost of incarceration of a prisoner 
in the relevant State, as determined by the chief executive 
officer of a State (or, as appropriate, a political subdivi-
sion of the State) plus the cost of transporting the crimi-
nal or illegal alien from the point of apprehension, to the 
place of detention, and to the custody transfer point if 
the place of detention and place of custody are different. 
‘‘(c) The Secretary of Homeland Security shall en-
sure that illegal aliens incarcerated in Federal facilities 
pursuant to this section are held in facilities which provide 
an appropriate level of security.
‘‘(d)(1) In carrying out this section, the Secretary of 
Homeland Security may establish a regular circuit and 
schedule for the prompt transfer of apprehended illegal 
aliens from the custody of States and political subdivisions 
of States to Federal custody. 
‘‘(2) The Secretary of Homeland Security may enter 
into contracts with appropriate State and local law en-
forcement and detention officials to implement this sec-
tion. 
‘‘(e) For purposes of this section, the term ‘illegal 
alien’ means an alien who—
‘‘(1) entered the United States without inspec-
tion or at any time or place other than that des-
ignated by the Secretary of Homeland Security; 
‘‘(2) was admitted as a nonimmigrant and who, 
at the time the alien was taken into custody by the 
State or a political subdivision of the State, had 
failed to—
‘‘(A) maintain the nonimmigrant status in 
which the alien was admitted or to which it was 
changed under section 248; or 
‘‘(B) comply with the conditions of any 
such status;
‘‘(3) was admitted as an immigrant and has 
subsequently failed to comply with the requirements 
of that status; or 
‘‘(4) failed to depart the United States under a 
voluntary departure agreement or under a final 
order of removal.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR THE 
DETENTION AND TRANSPORTATION TO FEDERAL CUS-
TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 
authorized to be appropriated $500,000,000 for the deten-
tion and removal of aliens not lawfully present in the 
United States under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) for fiscal year 2006 and each sub-
sequent fiscal year. 
SEC. 235. BASIC IMMIGRATION ENFORCEMENT TRAINING 
FOR STATE, LOCAL, AND TRIBAL LAW EN-
FORCEMENT OFFICERS. 
(a) DEMONSTRATION PROJECT.—
(1) IN GENERAL.—Cameron University, located 
in Lawton, Oklahoma, shall establish and implement 
a demonstration project (in this section referred to 
as the ‘‘demonstration project’’) to assess the feasi-
bility of establishing a nationwide e-learning training 
course, covering basic immigration law enforcement 
issues, to be used by State, local, and tribal law en-
forcement officers in order to improve and enhance 
their ability, during their routine course of duties, to 
assist Federal immigration officers in the enforce-
ment of Federal immigration laws. 
(2) PROJECT
DIRECTOR
RESPONSIBILITIES.— 
The Project Director charged with establishing and 
implementing the demonstration project shall do the 
following: 
(A) The Project Director shall develop an 
on-line, e-learning website to provide State, 
local, and tribal law enforcement officers access 
to the e-learning training course. Such website 
shall—
(i) have the capability to enroll offi-
cers in the e-learning training course, 
record officers’ performance on the course, 
and track officers’ proficiency in learning 
the course’s concepts; 
(ii) ensure a high level of security; 
and 
(iii) encrypt personal and sensitive in-
formation. 
(B) The Project Director shall develop an 
e-learning training course, which entails no 
more than four hours of training, is accessible
through the on-line, e-learning website under 
subparagraph (A), and covers both the basic 
principles and practices of immigration law and 
the policies that relate to the enforcement of 
immigration laws. The e-learning training 
course shall—
(i) include, but not be limited to, in-
struction about employment-based and 
family-based 
immigration, 
the 
various 
types of nonimmigrant visas, the dif-
ferences between immigrant and non-
immigrant status, the differences between 
lawful and unlawful presence, the criminal 
and civil consequences of unlawful pres-
ence, the various grounds for removal, the 
types of false identification that illegal and 
criminal aliens commonly use, the common 
methods of alien smuggling and groups 
that commonly participate in alien smug-
gling rings, the inherent legal authority of 
local law enforcement officers to enforce 
federal immigration laws, and detention 
and removal procedures, including expedi-
tious removal; and
(ii) incorporate content similar to that 
covered in the four-hour training course 
the Immigration and Naturalization Serv-
ice provided to all Alabama State Troopers 
in 2003 (in addition to, and separate from, 
the training given pursuant to the State’s 
section 287(g) agreement). 
(C) The Project Director shall assess the 
feasibility of expanding to State, local, and trib-
al law enforcement agencies throughout the na-
tion the on-line, e-learning website, including 
the e-learning training course, by using on-line 
technology. 
(b) PERIOD
OF PROJECT.—The Project Director 
shall carry out the demonstration project for a one-year 
period beginning 90 days after the date of the enactment 
of this Act. 
(c) LOCATION OF PROJECT.—
(1) STATES
COVERED.—The Project Director 
shall carry out the demonstration project by enroll-
ing in the e-learning training course State, local, and 
tribal law enforcement officers from Alabama, Colo-
rado, Florida, Oklahoma, and Texas, and from at 
least one, but not more than three, other additional 
States.
(2) NUMBER OF OFFICERS.—A total of 100,000 
officers shall have access to, enroll in, and complete 
the e-learning training course provided under the 
demonstration project. 
(3) APPORTIONMENT.—The number of officers 
who are selected to participate in the demonstration 
project shall be apportioned according to the State 
populations of the participating States. 
(4) SELECTION.—Participation in the dem-
onstration project shall— 
(A) be equally apportioned between State, 
county, and municipal law enforcement agency 
officers; 
(B) include, when practicable, a significant 
subset of tribal law enforcement officers; and 
(C) include officers from urban, rural, and 
highly rural areas. 
(5) LIMITATION ON PARTICIPATION.—Officers 
shall be ineligible to participate in the demonstration 
project if they are employed by a State, local, or 
tribal law enforcement agency that has in effect a 
statute, policy, or practice that prohibits its law en-
forcement officers from cooperating with Federal im-
migration enforcement agents (or if the State, local, 
or tribal law enforcement agency is otherwise in con-
travention of section 642(a) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1373(a)). 
(d) DEMONSTRATION PROJECT REQUIREMENTS.—
(1) The e-learning training course provided under the 
demonstration project shall be accessible through the se-
cure, encrypted on-line, e-learning website, within 90 days 
of the date of the enactment of this Act, and recruitment 
of participants shall begin immediately, and occur concur-
rently, with the e-learning training course’s establishment 
and implementation. 
(2) The law enforcement officers selected to partici-
pate in the e-learning training course provided under the 
demonstration project shall undergo standard vetting pro-
cedures, pursuant to the Federal Law Enforcement Train-
ing Center Distributed Learning Program, to ensure that 
each individual is a bona fide law enforcement officer. 
(3) The law enforcement officers selected to partici-
pate in the e-learning training course provided under the 
demonstration project shall be granted continuous access, 
throughout the demonstration project’s one-year period, to 
on-line course material and to other training and reference 
resources accessible through the on-line, e-learning 
website. 
(e) REPORT.—
(1) IN GENERAL.—Not later than the end of 
the one-year period described in subsection (b), the 
Project Director shall transmit to the Committees on 
the Judiciary and on Homeland Security of the Sen-
ate and the House of Representatives a report about 
the e-learning training course completed by State, 
local, and tribal law enforcement officers through 
the demonstration project. 
(2) MATTERS TO BE INCLUDED.—The report 
under paragraph (1) shall include the following: 
(A) An estimate of the cost savings real-
ized by offering training through the e-learning 
training course as opposed to offering similar 
training through the residential classroom 
method. 
(B) An estimate of the difference between 
the 100,000 law enforcement officers who re-
ceived training through the e-learning training 
course and the number of law enforcement offi-
cers who could have received training through 
the residential classroom method in the same 
one-year period. 
(C) The effectiveness of the e-learning 
training course with respect to student-officer 
performance.
(D) The convenience accorded to student-
officers with respect to their ability to access 
the e-learning training course at their own con-
venience and to return to the on-line, e-learning 
website for refresher training and reference. 
(E) The ability of the on-line, e-learning 
website to safeguard the student officers’ pri-
vate and personal information while providing 
supervisors with appropriate information about 
student performance and course completion. 
(f) EXPANSION OF PROGRAM.—
(1) IN GENERAL.—Following the completion of 
the demonstration project, the Department of Home-
land Security shall continue to make available the 
on-line, e-learning website and the e-learning train-
ing course, enroll in the e-learning training course 
100,000 new State, local, and tribal law enforcement 
officers annually, and consult with Congress regard-
ing the addition, substitution, or removal of partici-
pating States. 
(2) LIMITATION ON PARTICIPATION.—Officers 
shall be ineligible to participate in the expansion of 
this program if they are employed by a State, local, 
or tribal law enforcement agency that has in effect 
a statute, policy, or practice that prohibits its law
enforcement officers from cooperating with Federal 
immigration enforcement agents (or if the State, 
local, or tribal law enforcement agency is otherwise 
in contravention of section 642(a) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1373(a)). 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $3,000,000 in fiscal 
year 2006 to carry out this section. Funds appropriated 
under this subsection shall remain available until ex-
pended. There are authorized to be appropriated in each 
subsequent fiscal year such sums as are necessary to con-
tinue to operate, promote, and recruit participants for the 
demonstration project and expansion program under this 
section. 
TITLE III—REVISION OF FED-
ERAL 
REIMBURSEMENT 
OF 
EMERGENCY HEALTH CARE 
SERVICES FURNISHED TO IL-
LEGAL ALIENS 
SEC. 301. REVISION OF FEDERAL REIMBURSEMENT OF 
EMERGENCY HEALTH CARE SERVICES FUR-
NISHED TO ILLEGAL ALIENS. 
(a) ELIMINATION OF FUNDING LIMITATIONS; EX-
TENSION OF APPROPRIATIONS THROUGH FISCAL YEAR
2011.—Subsection (a) of section 1011 of the Medicare 
Prescription Drug, Improvement, and Modernization Act 
of 2003 (Public Law 108–173) is amended—
(1) by striking ‘‘for each of fiscal years 2005 
through 2008’’ and inserting ‘‘for fiscal year 2005’’; 
and 
(2) by adding at the end the following: ‘‘Out of 
any funds in the Treasury not otherwise appro-
priated, there are appropriated to the Secretary for 
each of fiscal years 2006 through 2011 such sums 
as may be necessary for the purpose of payments to 
eligible providers.’’. 
(b) ELIMINATION OF STATE ALLOTMENTS.—Such 
section is further amended—
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(3) LIMITATION TO FISCAL YEAR 2005.—The 
preceding provisions of this subsection shall only 
apply to fiscal year 2005.’’; 
(2) by amending subsection (c)(1) to read as 
follows: 
‘‘(1) AUTHORITY
TO
MAKE
PAYMENTS.—The 
Secretary shall pay directly to eligible providers lo-
cated in a State for the provision of eligible services 
to aliens described in paragraph (5) the amount de-
scribed in paragraph (2) to the extent that the eligi-
ble provider was not otherwise reimbursed (through 
insurance or otherwise) for such services.’’; 
(3) in subsection (c)(2)(B), by striking ‘‘If the 
amount’’ and inserting ‘‘For fiscal year 2005, if the 
amount’’; and 
(4) in subsection (c)(4), by striking ‘‘in a State 
from allotments made under subsection (b) for a fis-
cal year’’. 
(c) REQUIREMENT FOR PROVISION OF INFORMATION 
FOR HOSPITAL QUALIFICATIONS FOR FUNDING.—Sub-
section (c) of such section is amended by adding at the 
end the following new paragraph: 
‘‘(6) REQUIREMENT FOR PAYMENT.—Be-
ginning with fiscal year 2006, payment shall 
not be made under this section to an eligible 
provider with respect to services furnished to an 
alien described in paragraph (5) unless the pro-
vider obtains the citizenship information about 
the alien, and transmits such information and 
all other non-clinical information concerning the 
alien to Immigration and Customs Enforce-
ment, not later than 72 hours after the time of 
discharge of the alien from the provider.’’.
(d) ELIMINATION OF COVERAGE OF MEXICANS WITH 
BORDER CROSSING CARDS.—Subsection (c)(5) of such 
section is amended by striking subparagraph (C). 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply beginning with fiscal year 2006.
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