I 
110TH CONGRESS 
1ST SESSION H. R. 3494 
To provide for enhanced Federal, State, and local assistance in the enforce-
ment of the immigration laws, to amend the Immigration and Nationality 
Act, to authorize appropriations to carry out the State Criminal Alien 
Assistance Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2007 
Mrs. BLACKBURN (for herself, Mr. BROUN of Georgia, Mr. BLUNT, Mr. PUT-
NAM, Mr. ALEXANDER, Mr. BACHUS, Mr. BAKER, Mr. BARTLETT of 
Maryland, Mr. BILBRAY, Mrs. BIGGERT, Mr. BOUSTANY, Mr. BRADY of 
Texas, Mr. BURGESS, Mr. BURTON of Indiana, Mr. CAMPBELL of Cali-
fornia, Mr. COBLE, Mrs. CUBIN, Mr. CULBERSON, Mr. DAVID DAVIS of 
Tennessee, Mrs. JO ANN DAVIS of Virginia, Mrs. DRAKE, Mr. DUNCAN, 
Mrs. EMERSON, Mr. EVERETT, Mr. FEENEY, Ms. FOXX, Mr. FRANKS of 
Arizona, Mr. GARRETT of New Jersey, Mr. GINGREY, Mr. GOODE, Mr. 
HAYES, Mr. HENSARLING, Mr. HERGER, Mr. HOEKSTRA, Mr. ISSA, Mr. 
JONES of North Carolina, Mr. KELLER of Florida, Mr. KING of Iowa, 
Mr. KINGSTON, Mr. MARCHANT, Mr. MCCAUL of Texas, Mr. MCHENRY, 
Mr. MCKEON, Mr. MILLER of Florida, Mr. NEUGEBAUER, Mr. PETER-
SON of Pennsylvania, Mr. POE, Mr. PRICE of Georgia, Mr. REHBERG, 
Mr. ROYCE, Mrs. SCHMIDT, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. 
SHADEGG, Mr. SIMPSON, Mr. SULLIVAN, Mr. TANCREDO, Mr. WAMP, Mr. 
WESTMORELAND, Mr. WICKER, Mr. WALBERG, Mr. WILSON of South 
Carolina, Mr. BARTON of Texas, Mr. GOODLATTE, Mr. CANTOR, Mr. 
BARRETT of South Carolina, Mr. CRENSHAW, Mr. DOOLITTLE, Mr. 
FORBES, Mr. GALLEGLY, Mr. HALL of Texas, Mr. ROHRABACHER, Mr. 
LUCAS, Ms. GRANGER, Mr. LINDER, Mr. MCCRERY, Mr. MCCOTTER, Mr. 
BOEHNER, Mr. BONNER, Mr. MCHUGH, Mr. KLINE of Minnesota, Mr. 
SOUDER, Mr. THORNBERRY, Mr. HUNTER, Mr. MANZULLO, Mr. CAMP of 
Michigan, Mr. BOOZMAN, Mr. LAMBORN, Mr. LAHOOD, Mr. TURNER, 
Mr. PLATTS, Mr. CALVERT, Mr. GARY G. MILLER of California, Mr. 
SMITH of Texas, and Mr. WELDON of Florida) introduced the following 
bill; which was referred to the Committee on the Judiciary 
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A BILL 
To provide for enhanced Federal, State, and local assistance 
in the enforcement of the immigration laws, to amend 
the Immigration and Nationality Act, to authorize appro-
priations to carry out the State Criminal Alien Assist-
ance Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STATE DE-
FINED; SEVERABILITY. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clear Law Enforcement for Criminal Alien Removal Act 
of 2007’’ or the ‘‘Charlie Norwood CLEAR Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents; State defined; severability. 
Sec. 2. Federal affirmation of assistance in the immigration law enforcement by 
States and political subdivisions of States. 
Sec. 3. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 4. Listing of immigration violators in the National Crime Information Cen-
ter database. 
Sec. 5. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 6. Financial assistance to State and local police agencies that assist in the 
enforcement of immigration laws. 
Sec. 7. Increased Federal detention space. 
Sec. 8. Federal custody of aliens unlawfully present in the United States appre-
hended by State or local law enforcement. 
Sec. 9. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 10. Immunity. 
Sec. 11. Institutional removal program (IRP). 
Sec. 12. State criminal alien assistance program (SCAAP). 
Sec. 13. Authorization of appropriations. 
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(c) STATE DEFINED.—For purposes of this Act, the 
term ‘‘State’’ has the meaning given such term in section 
101(a)(36) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(36)). 
(d) SEVERABILITY.—If any provision of this Act, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not simi-
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
SEC. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM-
MIGRATION LAW ENFORCEMENT BY STATES 
AND POLITICAL SUBDIVISIONS OF STATES. 
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State, or of a political subdivision 
of a State, have the inherent authority of a sovereign enti-
ty to investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting 
in the enforcement of the immigration laws of the United 
States in the course of carrying out routine duties. This 
State authority has never been displaced or preempted by 
Congress. 
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SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective two years after the date 
of the enactment of this Act, a State, or a political subdivi-
sion of a State, that has in effect a statute, policy, or prac-
tice that prohibits law enforcement officers of the State, 
or of a political subdivision of the State, from assisting 
or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers’ routine law en-
forcement duties shall not receive any of the funds that 
would otherwise be allocated to the State under section 
241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)). 
(b) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense. 
(c) REALLOCATION OF FUNDS.—Any funds that are 
not allocated to a State, or to a political subdivision of 
a State, due to the failure of the State, or of the political 
subdivision of the State, to comply with subsection (a) 
shall be reallocated to States, or to political subdivisions 
of States, that comply with such subsection. 
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