S.Amdt. 65

SA 65. Mr. CASSIDY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of the bill, add the following:

SEC. 4. EXPANSION OF REIMBURSEMENTS UNDER STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM.

(a) Reimbursements Under Immigration and Nationality Act.--
(1) In general.--Section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)) is amended--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) Except as provided in subparagraph (B),
compensation under paragraph (1)(A) shall be the average cost
of incarceration of a prisoner in the relevant State as
determined by the Attorney General.
``(B) Compensation under paragraph (1)(A) with respect to
an undocumented criminal alien described under paragraph
(3)(A) shall--
``(i) be provided for each day such undocumented criminal
alien is detained by a State or a political subdivision of a
State; and
``(ii) be equal to the average daily cost of incarceration
of a prisoner at facilities in the same level of security as
such undocumented criminal alien for the relevant State, as
determined by the Attorney General.''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by redesignating clauses (ii) and
(iii) as subclauses (II) and (III), respectively;
(ii) by redesignating subparagraphs (A) and (B)(i) as
subparagraph (B)(i) and clause (ii)(I), respectively; and
(iii) by inserting after the matter preceding subparagraph
(B)(i), as so redesignated, the following:
``(A) is described in section 236(c)(E); or''.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out the amendments made by this
subsection.
(b) Reimbursements Under Immigration Reform and Control Act
of 1986.--Section 501(a) of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1365(a)) is amended by
inserting ``or any alien described in section 236(c)(E) of
the Immigration and Nationality Act (8 U.S.C. 1226(c)(E)''
after ``by such State''.
______