[Pages S5055-S5056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1606. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title III, add the following:

     SEC. 3722. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the NCIC.--Not later than 
     180 days after the last day of the application period for 
     registered provisional immigrant status, as specified in 
     section 245B(c)(3) of the Immigration and Nationality Act, as 
     added by section 2101 of this Act, and periodically 
     thereafter as updates may require, the Secretary shall 
     provide the National Crime Information Center of the 
     Department of Justice with all the information in the 
     possession of the Secretary regarding--
       (1) any alien against whom a final order of removal has 
     been issued;

[[Page S5056]]

       (2) any alien who has entered into a voluntary departure 
     agreement;
       (3) any alien who has overstayed his or her authorized 
     period of stay; and
       (4) any alien whose visa has been revoked.
       (b) Inclusion of Information in Immigration Violators 
     File.--The Secretary and the Attorney General shall establish 
     a system for ensuring that the information provided pursuant 
     to subsection (a) for entry into the Immigration Violators 
     File of the National Crime Information Center database is 
     updated regularly to reflect whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) the legal status of the alien has otherwise changed.
       (c) Conforming Amendment.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether any such alien has received 
     notice of the violation or whether sufficient identifying 
     information is available with respect to any such alien or 
     whether any such alien has already been removed from the 
     United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented not later than 6 months after the last day of the 
     application period for registered provisional immigrant 
     status.
       (d) Technology Access.--States shall have access to Federal 
     programs or technology directed broadly at identifying 
     inadmissible or deportable aliens.

     SEC. 3723. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

       (a) Provision of Information.--As a condition of receiving 
     compensation for the incarceration of undocumented criminal 
     aliens pursuant to section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)), grants under the ``Cops 
     on the Beat'' program authorized under part Q of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd et seq.), or other law enforcement grants from 
     the Department or the Department of Justice, each State, and 
     each political subdivision of a State, shall, in a timely 
     manner, provide the Secretary with the information specified 
     in subsection (b) with respect to each alien who is arrested 
     by law enforcement officers in the course of carrying out the 
     officers' routine law enforcement duties in the jurisdiction 
     of the State, or in the political subdivision of the State, 
     who is believed to be inadmissible or deportable.
       (b) Information Required.--The information required under 
     this subsection is--
       (1) the alien's name;
       (2) the alien's address or place of residence;
       (3) a physical description of the alien;
       (4) the date, time, and location of the encounter with the 
     alien and the reason for arresting the alien;
       (5) the alien's driver's license number, if applicable, and 
     the State of issuance of such license;
       (6) the type of any other identification document issued to 
     the alien, if applicable, any designation number contained on 
     the identification document, and the issuing entity for the 
     identification document;
       (7) the license plate number, make, and model of any 
     automobile registered to, or driven by, the alien, if 
     applicable;
       (8) a photo of the alien, if available or readily 
     obtainable; and
       (9) the alien's fingerprints, if available or readily 
     obtainable.
       (c) Annual Report on Reporting.--The Secretary shall 
     maintain, and annually submit to the Congress, a detailed 
     report listing the States, or the political subdivisions of 
     States, that have provided information under subsection (a) 
     in the preceding year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by the State, 
     or the political subdivision of a State, as a result of 
     providing information under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to require law enforcement officials of a State, or 
     of a political subdivision of a State, to provide the 
     Secretary with information related to a victim of a crime or 
     witness to a criminal offense.
       (g) Effective Date.--This section shall--
       (1) take effect on the date that is 120 days after the last 
     day of the application period for registered provisional 
     immigrant status; and
       (2) apply with respect to aliens apprehended on or after 
     such date.

     SEC. 3724. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION 
                   LAWS.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking ``Immigration and Naturalization Service'' 
     each place it appears and inserting ``Department of Homeland 
     Security'';
       (2) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (3) in subsection (b)--
       (A) by striking ``no person or agency may'' and inserting 
     ``a person or agency shall not'';
       (B) by striking ``doing any of the following with respect 
     to information'' and inserting ``undertaking any of the 
     following law enforcement activities''; and
       (C) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Notifying the Federal Government regarding the 
     presence of inadmissible and deportable aliens who are 
     encountered by law enforcement personnel of a State or 
     political subdivision of a State.
       ``(2) Complying with requests for immigration-related 
     information from Federal law enforcement.
       ``(3) Complying with detainers issued by the Department of 
     Homeland Security.
       ``(4) Issuing policies in the form of a resolutions, 
     ordinances, administrative actions, general or special 
     orders, or departmental policies that violate Federal 
     immigration law or restrict a State or political subdivision 
     of a State from complying with Federal immigration law or 
     coordinating with Federal immigration law enforcement.''; and
       (4) by adding at the end the following:
       ``(d) Compliance.--
       ``(1) In general.--A State, or a political subdivision of a 
     State, that has in effect a statute, policy, or practice 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 enforcement 
     duties shall not be eligible to receive, for a minimum period 
     of 1 year--
       ``(A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.); or
       ``(B) any other law enforcement or Department of Homeland 
     Security grant.
       ``(2) Annual determination and report.--The Secretary 
     shall--
       ``(A) annually determine which States or political 
     subdivisions of a State are ineligible for certain Federal 
     funding pursuant to paragraph (1); and
       ``(B) submit a report to Congress by March 1st of each year 
     that lists such States and political subdivisions.
       ``(3) Other reports.--The Attorney General shall issue a 
     report concerning the compliance of any particular State or 
     political subdivision at the request of the Committee on the 
     Judiciary of the Senate or the Committee on the Judiciary of 
     the House of Representatives.
       ``(4) Certification.--Any jurisdiction that is described in 
     paragraph (1) shall be ineligible to receive Federal 
     financial assistance described in paragraph (1) until after 
     the Attorney General certifies that the jurisdiction no 
     longer prohibits its law enforcement officers from assisting 
     or cooperating with Federal immigration law enforcement.
       ``(5) Reallocation.--Any funds that are not allocated to a 
     State or to a political subdivision of a State pursuant to 
     paragraph (1) shall be reallocated to States, or to political 
     subdivisions of States, that comply with such subsection.
       ``(e) Construction.--Nothing in this section shall require 
     law enforcement officials from States, or from political 
     subdivisions of States, to report or arrest victims or 
     witnesses of a criminal offense.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that subsection (d) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373), as added by this section, shall take effect 
     beginning on the date that is 1 year after the date of the 
     enactment of this Act.
                                 ______