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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2365 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2365

To improve sharing of immigration information among Federal, State, and 
local law enforcement officials, to improve State and local enforcement 
              of immigration laws, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2006

   Mr. Burr introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To improve sharing of immigration information among Federal, State, and 
local law enforcement officials, to improve State and local enforcement 
              of immigration laws, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Scott Gardner 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Improved Federal sharing of immigration information.
Sec. 4. State and local reporting of immigration information.
Sec. 5. DWI and immigration information in the National Criminal 
                            Information Center.
Sec. 6. State and local enforcement of Federal immigration laws.
Sec. 7. Detention and deportation of aliens for driving while 
                            intoxicated.
Sec. 8. Federal detention facilities.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) DWI.--The term ``DWI'' means driving while intoxicated 
        and similar motor vehicle violations.
            (2) Federal immigration database.--The term ``Federal 
        immigration database'' means--
                    (A) the database of the LESC insofar as it relates 
                to immigration information;
                    (B) the database of the NCIC insofar as it relates 
                to immigration information; and
                    (C) any other database containing immigration 
                information identified by the Secretary of Homeland 
                Security.
            (3) Immigration information.--The term ``immigration 
        information'' means information specified by the Secretary, in 
        consultation with the Attorney General, relating to 
        immigration, including illegal immigration.
            (4) LESC.--The term ``LESC'' means the Law Enforcement 
        Support Center.
            (5) NCIC.--The term ``NCIC'' means the National Crime 
        Information Center of the Federal Bureau of Investigation.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION.

    (a) In General.--The Secretary shall share immigration information 
with the Attorney General.
    (b) Improved Operation of Federal Immigration Databases.--
            (1) Report.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary and the Attorney General 
        shall jointly submit to Congress a report on methods for 
        improving performance of Federal immigration databases to 
        ensure the prompt entry of immigration information into such 
        databases.
            (2) Compatibility.--The report submitted under paragraph 
        (1) shall contain proposals to improve the compatibility among 
        Federal immigration databases in order to--
                    (A) improve data entry, including eliminating data 
                entry backlogs;
                    (B) improve the means by which immigration 
                information is exchanged; and
                    (C) increase accessibility of information to 
                Federal, State, and local law enforcement agencies.
            (3) Progress.--The report submitted under paragraph (1) 
        shall describe--
                    (A) the progress made in eliminating data entry 
                backlogs in such databases; and
                    (B) any additional resources required to eliminate 
                such backlogs.

SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION.

    (a) Requirement.--
            (1) In general.--Subject to subsection (c), the director of 
        each State and local law enforcement agency receiving Federal 
        financial assistance under section 241(i) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)) shall, as a condition of 
        such assistance, submit a report to the Secretary, in such 
        form, in such manner, and containing such immigration and DWI 
        information collected in the course of the director's normal 
        duties as the Secretary requires for entry into Federal 
        immigration databases.
            (2) Report on resources.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary and the Attorney 
        General shall jointly submit to Congress a report on additional 
        resources required by State and local law enforcement agencies 
        to comply with the requirement of paragraph (1).
    (b) Promotion of Law Enforcement Support Center.--The Secretary 
shall promote the use of the LESC to State and local law enforcement 
agencies.
    (c) Exemption From State and Local Reporting Requirement.--State 
and local law enforcement agencies are not required to collect or 
report immigration information relating to any individual who assists 
law enforcement agencies in the performance of the duties of such 
agencies, including assistance as an informant, a witness, or in a 
similar capacity.

SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL 
              INFORMATION CENTER.

    (a) Inclusion.--DWI and immigration information in the NCIC--
            (1) shall appear as a flag in the Wanted Person File of the 
        NCIC database; and
            (2) shall be timely and readily available to State and 
        local law enforcement officers while they are in the course of 
        their normal duties.
    (b) Mandatory Detention.--A State or local law enforcement officer 
who finds a flag for a DWI and immigration violation of an alien in the 
Wanted Person File of the NCIC and who arrests the alien shall detain 
the alien in a State or local jail until the alien can be transferred 
to Federal custody.

SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (1), by striking ``may enter'' and 
        inserting ``shall enter'';
            (2) in paragraph (2), by adding at the end the following: 
        ``If such training is provided by a State or political 
        subdivision of a State to an officer or employee of such State 
        or political subdivision of a State, the cost of such training 
        (including applicable overtime costs) shall be reimbursed by 
        the Secretary of Homeland Security.'';
            (3) by striking paragraph (9); and
            (4) by redesignating paragraph (10) as paragraph (9).
    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue regulations to carry out the 
amendments made by subsection (a).
    (c) Effective Dates.--
            (1) Requirement for agreement.--Except as provided in 
        paragraph (2), the amendments made by subsection (a) shall take 
        effect on the earlier of--
                    (A) the date on which regulations are issued under 
                paragraph (1); and
                    (B) the date that is 1 year after the date of 
                enactment of this Act.
            (2) Payment for training costs.--The amendment made by 
        subsection (a)(2) shall take effect on the first day of the 
        first fiscal year beginning after the date of enactment of this 
        Act.

SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE 
              INTOXICATED.

    (a) In General.--Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``or'' after 
                ``section 237(a)(4)(B),''; and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) is deportable on any grounds and is 
                apprehended for driving while intoxicated, driving 
                under the influence, or similar violation of State law 
                (as determined by the Secretary of Homeland Security) 
                by a State or local law enforcement officer covered 
                under an agreement under section 287(g),'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Driving While Intoxicated.--If a State or local law 
enforcement officer apprehends an individual for an offense described 
in subsection (c)(1)(E) and the officer has reasonable grounds to 
believe that the individual is an alien--
            ``(1) the officer shall determine, using the databases of 
        the Federal Government, including the National Criminal 
        Information Center and the Law Enforcement Support Center, if 
        the individual is--
                    ``(A) an alien; and
                    ``(B) unlawfully present in the United States; and
            ``(2) if any such database--
                    ``(A) indicates that the individual is an alien 
                unlawfully present in the United States--
                            ``(i) an officer covered under an agreement 
                        under section 287(g) may issue a Federal 
                        detainer to maintain the alien in custody in 
                        accordance with such agreement until the alien 
                        is convicted for such offense or the alien is 
                        transferred to Federal custody;
                            ``(ii) the officer may transport the alien 
                        to a location where the alien can be 
                        transferred to Federal custody and removed from 
                        the United States in accordance with applicable 
                        law; and
                            ``(iii) the Secretary of Homeland Security 
                        shall reimburse the State and local law 
                        enforcement agencies involved for the costs of 
                        transporting aliens when such transportation is 
                        not done in the course of their normal duties; 
                        or
                    ``(B) indicates that the individual is an alien 
                that is not unlawfully present in the United States, 
                the officer shall--
                            ``(i) take the alien into custody for such 
                        offense in accordance with State law;
                            ``(ii) promptly notify the Secretary of 
                        Homeland Security of such apprehension; and
                            ``(iii) maintain the alien in custody 
                        pending a determination by the Secretary with 
                        respect to any action to be taken by the 
                        Secretary against such alien.''.
    (b) Deportation for Driving While Intoxicated.--
            (1) In general.--Section 237(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
        the end the following:
                    ``(F) Driving while intoxicated.--Any alien who is 
                convicted of driving while intoxicated, driving under 
                the influence, or a similar violation of State law (as 
                determined by the Secretary of Homeland Security), or 
                who refuses, in violation of State law, to submit to a 
                Breathalyzer test or other test for the purpose of 
                determining blood alcohol content is deportable and 
                shall be deported.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to violations or refusals occurring after the date 
        of enactment of this Act.
    (c) Sharing of Information by Motor Vehicle Administrators 
Regarding DWI Convictions and Refusals.--Each State motor vehicle 
administrator shall--
            (1) share information with the Secretary relating to any 
        alien who has a conviction or refusal described in section 
        237(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 
        1227(a)(2)(F));
            (2) share such information with other State motor vehicle 
        administrators through the Drivers License Agreement of the 
        American Association of Motor Vehicle Administrators; and
            (3) provide such information to the NCIC at such time and 
        in such form as the Secretary may require.

SEC. 8. FEDERAL DETENTION FACILITIES.

    (a) Report on Current Allocation Formula; Recommendations for Stop-
Gap Measures.--Not later than 90 days after the date of enactment of 
this Act, the Secretary shall submit a report to Congress that 
describes the formula for allocation of Federal detention facilities 
for aliens under section 241(g) of the Immigration and Nationality Act 
(8 U.S.C. 1231(g)). The report shall include proposals for the 
temporary expansion of State and local jails to detain increased 
numbers of illegal aliens pending construction or expansion of Federal 
detention facilities.
    (b) New Construction in High Concentration Areas.--In accordance 
with such section 241(g), the Secretary shall ensure that, to the 
greatest extent practicable, construction of new detention facilities 
is undertaken in or near areas in which the Secretary has determined 
that there is a high concentration of illegal aliens.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
                                 <all>
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