I 
109TH CONGRESS 
1ST SESSION H. R. 2330 
To improve border security and immigration. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Mr. KOLBE (for himself, Mr. FLAKE, Mr. GUTIERREZ, Mr. LINCOLN DIAZ- 
BALART
of Florida, Mr. MARIO
DIAZ-BALART
of Florida, Mrs. 
NAPOLITANO, and Mr. PASTOR) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Homeland Security, International Relations, Energy and Com-
merce, and Education and the Workforce, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve border security and immigration. 
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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Secure America and Orderly Immigration Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings.
TITLE I—BORDER SECURITY 
Sec. 101. Definitions. 
SUBTITLE A—BORDER SECURITY STRATEGIC PLANNING 
Sec. 111. National Strategy for Border Security. 
Sec. 112. Reports to Congress. 
Sec. 113. Authorization of appropriations. 
SUBTITLE B—BORDER INFRASTRUCTURE, TECHNOLOGY INTEGRATION, AND 
SECURITY ENHANCEMENT 
Sec. 121. Border security coordination plan. 
Sec. 122. Border security advisory committee. 
Sec. 123. Programs on the use of technologies for border security. 
Sec. 124. Combating human smuggling. 
Sec. 125. Savings clause. 
SUBTITLE C—INTERNATIONAL BORDER ENFORCEMENT 
Sec. 131. North American Security Initiative. 
Sec. 132. Information sharing agreements. 
Sec. 133. Improving the security of Mexico’s southern border. 
TITLE II—STATE CRIMINAL ALIEN ASSISTANCE 
Sec. 201. State criminal alien assistance program authorization of appropria-
tions. 
Sec. 202. Reimbursement of States for indirect costs relating to the incarcer-
ation of illegal aliens. 
Sec. 203. Reimbursement of States for pre-conviction costs relating to the in-
carceration of illegal aliens. 
TITLE III—ESSENTIAL WORKER VISA PROGRAM 
Sec. 301. Essential workers. 
Sec. 302. Admission of essential workers. 
Sec. 303. Employer obligations. 
Sec. 304. Protection for workers. 
Sec. 305. Market-based numerical limitations. 
Sec. 306. Adjustment to lawful permanent resident status. 
Sec. 307. Essential Worker Visa Program Task Force. 
Sec. 308. Willing worker-willing employer electronic job registry. 
Sec. 309. Authorization of appropriations. 
TITLE IV—ENFORCEMENT 
Sec. 401. Document and visa requirements. 
Sec. 402. Employment Eligibility Confirmation System. 
Sec. 403. Improved entry and exit data system. 
Sec. 404. Department of labor investigative authorities. 
Sec. 405. Protection of employment rights. 
Sec. 406. Increased fines for prohibited behavior. 
TITLE V—PROMOTING CIRCULAR MIGRATION PATTERNS 
Sec. 501. Labor migration facilitation programs. 
Sec. 502. Bilateral efforts with Mexico to reduce migration pressures and costs.
TITLE VI—FAMILY UNITY AND BACKLOG REDUCTION 
Sec. 601. Elimination of existing backlogs. 
Sec. 602. Country limits. 
Sec. 603. Allocation of immigrant visas. 
Sec. 604. Relief for children and widows. 
Sec. 605. Amending the affidavit of support requirements. 
Sec. 606. Discretionary authority. 
Sec. 607. Family unity. 
TITLE VII—H–5B NONIMMIGRANTS 
Sec. 701. H–5B nonimmigrants. 
Sec. 702. Adjustment of status for H–5B nonimmigrants. 
Sec. 703. Aliens not subject to direct numerical limitations. 
Sec. 704. Employer protections. 
Sec. 705. Authorization of appropriations. 
TITLE VIII—PROTECTION AGAINST IMMIGRATION FRAUD 
Sec. 801. Right to qualified representation. 
Sec. 802. Protection of witness testimony. 
TITLE IX—CIVICS INTEGRATION 
Sec. 901. Funding for the Office of Citizenship. 
Sec. 902. Civics integration grant program. 
TITLE X—PROMOTING ACCESS TO HEALTH CARE 
Sec. 1001. Federal reimbursement of emergency health services furnished to 
undocumented aliens. 
Sec. 1002. Prohibition against offset of certain Medicare and Medicaid pay-
ments. 
Sec. 1003. Prohibition against discrimination against aliens on the basis of em-
ployment in hospital-based versus nonhospital-based sites. 
Sec. 1004. Binational public health infrastructure and health insurance. 
TITLE XI—MISCELLANEOUS 
Sec. 1101. Submission to Congress of information regarding H–5A non-
immigrants. 
Sec. 1102. H–5 nonimmigrant petitioner account. 
Sec. 1103. Anti-discrimination protections. 
Sec. 1104. Women and children at risk of harm. 
Sec. 1105. Expansion of S visa. 
Sec. 1106. Volunteers. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The Government of the United States has 
an obligation to its citizens to secure its borders and 
ensure the rule of law in its communities.
(2) The Government of the United States must 
strengthen international border security efforts by 
dedicating adequate and significant resources for 
technology, personnel, and training for border region 
enforcement. 
(3) Federal immigration policies must adhere to 
the United States tradition as a nation of immi-
grants and reaffirm this Nation’s commitment to 
family unity, economic opportunity, and humane 
treatment. 
(4) Immigrants have contributed significantly 
to the strength and economic prosperity of the 
United States and action must be taken to ensure 
their fair treatment by employers and protection 
against fraud and abuse. 
(5) Current immigration laws and the enforce-
ment of such laws are ineffective and do not serve 
the people of the United States, the national security 
interests of the United States, or the economic pros-
perity of the United States. 
(6) The United States cannot effectively carry 
out its national security policies unless the United 
States identifies undocumented immigrants and en-
courages them to come forward and participate le-
gally in the economy of the United States.
(7) Illegal immigration fosters other illegal ac-
tivity, including human smuggling, trafficking, and 
document fraud, all of which undermine the national 
security interests of the United States. 
(8) Illegal immigration burdens States and local 
communities with hundreds of millions of dollars in 
uncompensated expenses for law enforcement, health 
care, and other essential services. 
(9) Illegal immigration creates an underclass of 
workers who are vulnerable to fraud and exploi-
tation. 
(10) Fixing the broken immigration system re-
quires a comprehensive approach that provides for 
adequate legal channels for immigration and strong 
enforcement of immigration laws which will serve the 
economic, social, and security interests of the United 
States. 
(11) Foreign governments, particularly those 
that share an international border with the United 
States, must play a critical role in securing inter-
national borders and deterring illegal entry of for-
eign nationals into the United States. 
(12) Federal immigration policy should foster 
economic growth by allowing willing workers to be
matched with willing employers when no United 
States worker is available to take a job. 
(13) Immigration reform is a key component to 
achieving effective enforcement and will allow for the 
best use of security and enforcement resources to be 
focused on the greatest risks. 
(14) Comprehensive immigration reform and 
strong enforcement of immigration laws will encour-
age legal immigration, deter illegal immigration, and 
promote the economic and national security interests 
of the United States. 
TITLE I—BORDER SECURITY 
SEC. 101. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on the Judiciary of the 
Senate; 
(C) the Committee on Homeland Security 
of the House of Representatives; and 
(D) the Committee on the Judiciary of the 
House of Representatives.
(2) INTERNATIONAL BORDER OF THE UNITED 
STATES.—The term ‘‘international border of the 
United States’’ means the international border be-
tween the United States and Canada and the inter-
national border between the United States and Mex-
ico, including points of entry along such inter-
national borders. 
(3) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
(4) SECURITY PLAN.—The term ‘‘security plan’’ 
means a security plan developed as part of the Na-
tional Strategy for Border Security set forth under 
section 111(a) for the Border Patrol and the field 
offices of the Bureau of Customs and Border Pro-
tection of the Department of Homeland Security 
that has responsibility for the security of any portion 
of the international border of the United States. 
Subtitle A—Border Security 
Strategic Planning 
SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY. 
(a) IN GENERAL.—In conjunction with strategic 
homeland security planning efforts, the Secretary shall de-
velop, implement, and update, as needed, a National 
Strategy for Border Security that includes a security plan
for the Border Patrol and the field offices of the Bureau 
of Customs and Border Protection of the Department of 
Homeland Security that has responsibility for the security 
of any portion of the international border of the United 
States. 
(b) CONTENTS.—The National Strategy for Border 
Security shall include— 
(1) the identification and evaluation of the 
points of entry and all portions of the international 
border of the United States that, in the interests of 
national security and enforcement, must be pro-
tected from illegal transit; 
(2) a description of the most appropriate, prac-
tical, and cost-effective means of defending the inter-
national border of the United States against threats 
to security and illegal transit, including intelligence 
capacities, technology, equipment, personnel, and 
training needed to address security vulnerabilities 
within the United States for the Border Patrol and 
the field offices of the Bureau of Customs and Bor-
der Protection that have responsibility for any por-
tion of the international border of the United States; 
(3) risk-based priorities for assuring border se-
curity and realistic deadlines for addressing security
and enforcement needs identified in paragraphs (1) 
and (2); 
(4) a strategic plan that sets out agreed upon 
roles and missions of Federal, State, regional, local, 
and tribal authorities, including appropriate coordi-
nation among such authorities, to enable security en-
forcement and border lands management to be car-
ried out in an efficient and effective manner; 
(5) a prioritization of research and development 
objectives to enhance the security of the inter-
national border of the United States and enforce-
ment needs to promote such security consistent with 
the provisions of subtitle B; 
(6) an update of the 2001 Port of Entry Infra-
structure Assessment Study conducted by the 
United States Customs Service, in consultation with 
the General Services Administration; 
(7) strategic interior enforcement coordination 
plans with personnel of Immigration and Customs 
Enforcement; 
(8) strategic enforcement coordination plans 
with overseas personnel of the Department of Home-
land Security and the Department of State to end 
human smuggling and trafficking activities;
(9) any other infrastructure or security plan or 
report that the Secretary determines appropriate for 
inclusion; 
(10) the identification of low-risk travelers and 
how such identification would facilitate cross-border 
travel; and 
(11) ways to ensure that the trade and com-
merce of the United States is not diminished by ef-
forts, activities, and programs aimed at securing the 
homeland. 
(c) PRIORITY OF NATIONAL STRATEGY.—The Na-
tional Strategy for Border Security shall be the governing 
document for Federal security and enforcement efforts re-
lated to securing the international border of the United 
States. 
SEC. 112. REPORTS TO CONGRESS. 
(a) NATIONAL STRATEGY.— 
(1) INITIAL
SUBMISSION.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary shall submit the National Strategy for 
Border Security, including each security plan, to the 
appropriate congressional committees. Such plans 
shall include estimated costs of implementation and 
training from a fiscal and personnel perspective and
a cost-benefit analysis of any technological security 
implementations. 
(2) SUBSEQUENT
SUBMISSIONS.—After the 
submission required under paragraph (1), the Sec-
retary shall submit to the appropriate congressional 
committees any revisions to the National Strategy 
for Border Security, including any revisions to a se-
curity plan, not less frequently than April 1 of each 
odd-numbered year. The plan shall include estimated 
costs for implementation and training and a cost- 
benefit analysis of technological security implemen-
tations that take place during the time frame under 
evaluation. 
(b) PERIODIC PROGRESS REPORTS.— 
(1) REQUIREMENT FOR REPORT.—Each year, 
in conjunction with the submission of the budget to 
Congress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the ap-
propriate congressional committees an assessment of 
the progress made on implementing the National 
Strategy for Border Security, including each security 
plan. 
(2) CONTENT.—Each progress report submitted 
under this subsection shall include any recommenda-
tions for improving and implementing the National
Strategy for Border Security, including any rec-
ommendations for improving and implementing a se-
curity plan. 
(c) CLASSIFIED MATERIAL.— 
(1) IN GENERAL.—Any material included in the 
National Strategy for Border Security, including 
each security plan, that includes information that is 
properly classified under criteria established by Ex-
ecutive order shall be submitted to the appropriate 
congressional committees in a classified form. 
(2) UNCLASSIFIED VERSION.—As appropriate, 
an unclassified version of the material described in 
paragraph (1) shall be provided to the appropriate 
congressional committees. 
SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out this 
subtitle for each of the 5 fiscal years beginning with the 
fiscal year after the fiscal year in which this Act was en-
acted.
Subtitle B—Border Infrastructure, 
Technology Integration, and Se-
curity Enhancement 
SEC. 121. BORDER SECURITY COORDINATION PLAN. 
(a) IN GENERAL.—The Secretary shall coordinate 
with Federal, State, local, and tribal authorities on law 
enforcement, emergency response, and security-related re-
sponsibilities with regard to the international border of the 
United States to develop and implement a plan to ensure 
that the security of such international border is not com-
promised— 
(1) when the jurisdiction for providing such se-
curity changes from one such authority to another 
such authority; 
(2) in areas where such jurisdiction is shared 
by more than one such authority; or 
(3) by one such authority relinquishing such ju-
risdiction to another such authority pursuant to a 
memorandum of understanding. 
(b) ELEMENTS OF PLAN.—In developing the plan, 
the Secretary shall consider methods to— 
(1) coordinate emergency responses; 
(2) improve data-sharing, communications, and 
technology among the appropriate agencies;
(3) promote research and development relating 
to the activities described in paragraphs (1) and (2); 
and 
(4) combine personnel and resource assets when 
practicable. 
(c) REPORT.—Not later than 1 year after imple-
menting the plan developed under subsection (a), the Sec-
retary shall transmit a report to the appropriate congres-
sional committees on the development and implementation 
of such plan. 
SEC. 122. BORDER SECURITY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Secretary is authorized 
to establish a Border Security Advisory Committee (re-
ferred to in this section as the ‘‘Advisory Committee’’) to 
provide advice and recommendations to the Secretary on 
border security and enforcement issues. 
(b) COMPOSITION.— 
(1) IN GENERAL.—The members of the Advi-
sory Committee shall be appointed by the Secretary 
and shall include representatives of— 
(A) States that are adjacent to the inter-
national border of the United States; 
(B) local law enforcement agencies; com-
munity officials, and tribal authorities of such 
States; and
(C) other interested parties. 
(2) MEMBERSHIP.—The Advisory Committee 
shall be comprised of members who represent a 
broad cross section of perspectives. 
SEC. 123. PROGRAMS ON THE USE OF TECHNOLOGIES FOR 
BORDER SECURITY. 
(a) AERIAL SURVEILLANCE TECHNOLOGIES PRO-
GRAM.— 
(1) IN GENERAL.—In conjunction with the bor-
der surveillance plan developed under section 5201 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458), the Secretary, 
not later than 60 days after the date of enactment 
of this Act, shall develop and implement a program 
to fully integrate aerial surveillance technologies to 
enhance the border security of the United States. 
(2) ASSESSMENT AND CONSULTATION REQUIRE-
MENTS.—In developing the program under this sub-
section, the Secretary shall— 
(A) consider current and proposed aerial 
surveillance technologies; 
(B) assess the feasibility and advisability 
of utilizing such technologies to address border 
threats, including an assessment of the tech-
nologies considered best suited to address re-
spective threats; 
(C) consult with the Secretary of Defense 
regarding any technologies or equipment, which 
the Secretary may deploy along the inter-
national border of the United States; and 
(D) consult with the Administrator of the 
Federal Aviation Administration regarding safe-
ty, airspace coordination and regulation, and 
any other issues necessary for implementation 
of the program. 
(3) ADDITIONAL REQUIREMENTS.— 
(A) IN GENERAL.—The program developed 
under this subsection shall include the utiliza-
tion of a variety of aerial surveillance tech-
nologies in a variety of topographies and areas, 
including populated and unpopulated areas lo-
cated on or near the international border of the 
United States, in order to evaluate, for a range 
of circumstances— 
(i) the significance of previous experi-
ences with such technologies in border se-
curity or critical infrastructure protection; 
(ii) the cost and effectiveness of var-
ious technologies for border security, in-
cluding varying levels of technical com-
plexity; and 
(iii) liability, safety, and privacy con-
cerns relating to the utilization of such 
technologies for border security. 
(B) USE
OF
UNMANNED
AERIAL
VEHI-
CLES.—The aerial surveillance technologies uti-
lized in the program shall include unmanned 
aerial vehicles. 
(4) CONTINUED USE OF AERIAL SURVEILLANCE 
TECHNOLOGIES.—The Secretary may continue the 
operation of aerial surveillance technologies while as-
sessing the effectiveness of their utilization and until 
such time the Secretary determines appropriate. 
(5) REPORT.— 
(A) REQUIREMENT.—Not later than 1 
year after implementing the program under this 
subsection, the Secretary shall submit a report 
on such program to the appropriate congres-
sional committees. 
(B) CONTENT.—The Secretary shall in-
clude in the report required by subparagraph 
(A) a description of the program together with 
such recommendations as the Secretary finds 
appropriate for enhancing the program.
(b) DEMONSTRATION PROGRAMS.—The Secretary is 
authorized, as part of the development and implementa-
tion of the National Strategy for Border Security, to es-
tablish and carry out demonstration programs to strength-
en communication, information sharing, technology, secu-
rity, intelligence benefits, and enforcement activities that 
will protect the international border of the United States 
without diminishing international trade and commerce. 
ø(c) INSERT CONTINUED USE OF GROUND 
SURVEILLANCE TECHNOLOGIES.— 
SEC. 124. COMBATING HUMAN SMUGGLING. 
(a) REQUIREMENT FOR PLAN.—The Secretary shall 
develop and implement a plan to improve coordination be-
tween the Bureau of Immigration and Customs Enforce-
ment and the Bureau of Customs and Border Protection 
of the Department of Homeland Security and any other 
Federal, State, local, or tribal authorities, as determined 
appropriate by the Secretary, to improve coordination ef-
forts to combat human smuggling. 
(b) CONTENT.—In developing the plan required by 
subsection (a), the Secretary shall consider— 
(1) the interoperability of databases utilized to 
prevent human smuggling; 
(2) adequate and effective personnel training;
(3) methods and programs to effectively target 
networks that engage in such smuggling; 
(4) effective utilization of— 
(A) visas for victims of trafficking and 
other crimes; and 
(B) investigatory techniques, equipment, 
and procedures that prevent, detect, and pros-
ecute international money laundering and other 
operations that are utilized in smuggling; 
(5) joint measures, with the Secretary of State, 
to enhance intelligence sharing and cooperation with 
foreign governments whose citizens are preyed on by 
human smugglers; and 
(6) other measures that the Secretary considers 
appropriate to combating human smuggling. 
(c) REPORT.—Not later than 1 year after imple-
menting the plan described in subsection (a), the Sec-
retary shall submit to Congress a report on such plan, in-
cluding any recommendations for legislative action to im-
prove efforts to combating human smuggling. 
SEC. 125. SAVINGS CLAUSE. 
Nothing in this subtitle or subtitle A may be con-
strued to provide to any State or local entity any addi-
tional authority to enforce Federal immigration laws.
Subtitle C—International Border 
Enforcement 
SEC. 131. NORTH AMERICAN SECURITY INITIATIVE. 
(a) IN GENERAL.—The Secretary of State shall en-
hance the mutual security and safety of the United States, 
Canada, and Mexico by providing a framework for better 
management, communication, and coordination between 
the Governments of North America. 
(b) RESPONSIBILITIES.—In implementing the provi-
sions of this subtitle, the Secretary of State shall carry 
out all of the activities described in this subtitle. 
SEC. 132. INFORMATION SHARING AGREEMENTS. 
The Secretary of State, in coordination with the Sec-
retary of Homeland Security and the Government of Mex-
ico, is authorized to negotiate an agreement with Mexico 
to— 
(1) cooperate in the screening of third-country 
nationals using Mexico as a transit corridor for 
entry into the United States; and 
(2) provide technical assistance to support 
stronger immigration control at the border with 
Mexico.
SEC. 133. IMPROVING THE SECURITY OF MEXICO’S SOUTH-
ERN BORDER. 
(a) TECHNICAL
ASSISTANCE.—The Secretary of 
State, in coordination with the Secretary of Homeland Se-
curity, the Canadian Department of Foreign Affairs, and 
the Government of Mexico, shall establish a program to— 
(1) assess the specific needs of the governments 
of Central American countries in maintaining the se-
curity of the borders of such countries; 
(2) use the assessment made under paragraph 
(1) to determine the financial and technical support 
needed by the governments of Central American 
countries from Canada, Mexico, and the United 
States to meet such needs; 
(3) provide technical assistance to the govern-
ments of Central American countries to secure 
issuance of passports and travel documents by such 
countries; and 
(4) encourage the governments of Central 
American countries to— 
(A) control alien smuggling and traf-
ficking; 
(B) prevent the use and manufacture of 
fraudulent travel documents; and 
(C) share relevant information with Mex-
ico, Canada, and the United States.
(b) IMMIGRATION.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of State and ap-
propriate officials of the governments of Central American 
countries shall provide robust law enforcement assistance 
to such governments that specifically addresses migratory 
issues to increase the ability of such governments to dis-
mantle human smuggling organizations and gain tighter 
control over the border. 
(c) BORDER SECURITY BETWEEN MEXICO AND GUA-
TEMALA OR BELIZE.—The Secretary of State, in consulta-
tion with the Secretary of Homeland Security, the Govern-
ment of Mexico, and appropriate officials of the Govern-
ments of Guatemala, Belize, and neighboring contiguous 
countries, shall establish a program to provide needed 
equipment, technical assistance, and vehicles to manage, 
regulate, and patrol the international border between Mex-
ico and Guatemala and between Mexico and Belize. 
(d) TRACKING CENTRAL AMERICAN GANGS.—The 
Secretary of State, in coordination with the Secretary of 
Homeland Security, the Director of the Federal Bureau 
of Investigation, the Government of Mexico, and appro-
priate officials of the governments of Central American 
countries, shall—
(1) assess the direct and indirect impact on the 
United States and Central America on deporting vio-
lent criminal aliens; 
(2) establish a program and database to track 
Central American gang activities, focusing on the 
identification of returning criminal deportees; 
(3) devise an agreed-upon mechanism for notifi-
cation applied prior to deportation and for support 
for reintegration of these deportees; and 
(4) devise an agreement to share all relevant in-
formation with the appropriate agencies of Mexico 
and other Central American countries. 
TITLE II—STATE CRIMINAL 
ALIEN ASSISTANCE 
SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
AUTHORIZATION OF APPROPRIATIONS. 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by striking paragraphs 
(5) and (6) and inserting the following: 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated to carry out this sub-
section— 
‘‘(i) such sums as may be necessary 
for fiscal year 2005;
‘‘(ii) $750,000,000 for fiscal year 
2006; 
‘‘(iii) $850,000,000 for fiscal year 
2007; and 
‘‘(iv) $950,000,000 for each of the fis-
cal years 2008 through 2011. 
‘‘(B) LIMITATION
ON
USE
OF
FUNDS.— 
Amounts appropriated pursuant to subpara-
graph (A) that are distributed to a State or po-
litical subdivision of a State, including a mu-
nicipality, may be used only for correctional 
purposes.’’. 
SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT 
COSTS RELATING TO THE INCARCERATION 
OF ILLEGAL ALIENS. 
Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘for the costs’’ and insert-
ing the following: ‘‘for— 
‘‘(1) the costs’’; and 
(B) by striking ‘‘such State.’’ and inserting 
the following: ‘‘such State; and 
‘‘(2) the indirect costs related to the imprison-
ment described in paragraph (1).’’; and
(2) by striking subsections (c) through (e) and 
inserting the following: 
‘‘(c) MANNER
OF
ALLOTMENT
OF
REIMBURSE-
MENTS.—Reimbursements under this section shall be al-
lotted in a manner that gives special consideration for any 
State that— 
‘‘(1) shares a border with Mexico or Canada; or 
‘‘(2) includes within the State an area in which 
a large number of undocumented aliens reside rel-
ative to the general population of that area. 
‘‘(d) DEFINITIONS.—As used in this section: 
‘‘(1) INDIRECT
COSTS.—The term ‘indirect 
costs’ includes— 
‘‘(A) court costs, county attorney costs, de-
tention costs, and criminal proceedings expendi-
tures that do not involve going to trial; 
‘‘(B) indigent defense costs; and 
‘‘(C) unsupervised probation costs. 
‘‘(2) STATE.—The term ‘State’ has the mean-
ing given such term in section 101(a)(36) of the Im-
migration and Nationality Act. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $200,000,000 for each 
of the fiscal years 2005 through 2011 to carry out sub-
section (a)(2).’’.