S.Amdt. 1606

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(4) any alien whose visa has been revoked.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.
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