II 

110TH CONGRESS 

1ST SESSION S. 850 

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 13, 2007 

Mr. BURR (for himself and Mrs. DOLE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Scott Gardner Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Improved Federal sharing of immigration information. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DWI.—The term ‘‘DWI’’ means driving 

4 while intoxicated and any similar motor vehicle viola5 tion. 

6 (2) FEDERAL IMMIGRATION DATABASE.—The 

7 term ‘‘Federal immigration database’’ means— 

8 (A) the database of the LESC insofar as 

9 it relates to immigration information; 

10 (B) the database of the NCIC insofar as it 

11 relates to immigration information; and 

12 (C) any other database containing immi13 gration information identified by the Secretary 

14 of Homeland Security. 

15 (3) IMMIGRATION INFORMATION.—The term 

16 ‘‘immigration information’’ means information speci17 fied by the Secretary, in consultation with the Attor18 ney General, relating to immigration, including ille19 gal immigration. 

20 (4) LESC.—The term ‘‘LESC’’ means the Law 

21 Enforcement Support Center. 


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1 (5) NCIC.—The term ‘‘NCIC’’ means the Na2 tional Crime Information Center of the Federal Bu3 reau of Investigation. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Homeland Security. 

6 SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION 

7 INFORMATION. 

8 (a) IN GENERAL.—The Secretary shall share immi9 gration information with the Attorney General. 

10 (b) IMPROVED OPERATION OF FEDERAL IMMIGRA11 TION DATABASES.— 

12 (1) REPORT.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary and 

14 the Attorney General shall jointly submit to Con15 gress a report on methods for improving perform16 ance of Federal immigration databases to ensure the 

17 prompt entry of immigration information into such 

18 databases. 

19 (2) COMPATIBILITY.—The report submitted 

20 under paragraph (1) shall contain proposals to im21 prove the compatibility among Federal immigration 

22 databases in order to— 

23 (A) improve data entry, including elimi24 nating data entry backlogs; 


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1 (B) improve the means by which immigra2 tion information is exchanged; and 

3 (C) increase accessibility of information to 

4 Federal, State, and local law enforcement agen5 cies. 

6 (3) PROGRESS.—The report submitted under 

7 paragraph (1) shall describe— 

8 (A) the progress made in eliminating data 

9 entry backlogs in such databases; and 

10 (B) any additional resources required to 

11 eliminate such backlogs. 

12 SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION 

13 INFORMATION. 

14 (a) REQUIREMENT.— 

15 (1) IN GENERAL.—Subject to subsection (c), 

16 the director of each State and local law enforcement 

17 agency receiving Federal financial assistance under 

18 section 241(i) of the Immigration and Nationality 

19 Act (8 U.S.C. 1231(i)) shall, as a condition of such 

20 assistance, submit a report to the Secretary, in such 

21 form, in such manner, and containing such immigra22 tion and DWI information collected in the course of 

23 the director’s normal duties as the Secretary re24 quires for entry into Federal immigration databases. 


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1 (2) REPORT ON RESOURCES.—Not later than 

2 90 days after the date of the enactment of this Act, 

3 the Secretary and the Attorney General shall jointly 

4 submit to Congress a report on additional resources 

5 required by State and local law enforcement agencies 

6 to comply with the requirement under paragraph 

7 (1). 

8 (b) PROMOTION OF LAW ENFORCEMENT SUPPORT

9 CENTER.—The Secretary shall promote the use of the 

10 LESC by State and local law enforcement agencies. 

11 (c) EXEMPTION FROM STATE AND LOCAL REPORT12 ING REQUIREMENT.—State and local law enforcement 

13 agencies are not required to collect or report immigration 

14 information relating to any individual who assists law en15 forcement agencies in the performance of the duties of 

16 such agencies, including assistance as an informant, a wit17 ness, or in a similar capacity. 

18 SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NA19 TIONAL CRIMINAL INFORMATION CENTER. 

20 (a) INCLUSION.—DWI and immigration information 

21 in the NCIC— 

22 (1) shall appear as a flag in the Wanted Person 

23 File of the NCIC database; and 


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1 (2) shall be timely and readily available to State 

2 and local law enforcement officers while they are in 

3 the course of their normal duties. 

4 (b) MANDATORY DETENTION.—A State or local law 

5 enforcement officer who finds a flag for a DWI and immi6 gration violation of an alien in the Wanted Person File 

7 of the NCIC and who arrests the alien shall detain the 

8 alien in a State or local jail until the alien can be trans9 ferred to Federal custody. 

10 SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IM11 MIGRATION LAWS. 

12 (a) IN GENERAL.—Section 287(g) of the Immigra13 tion and Nationality Act (8 U.S.C. 1357(g)) is amended— 

14 (1) in paragraph (1), by striking ‘‘may enter’’ 

15 and inserting ‘‘shall enter’’; 

16 (2) in paragraph (2), by adding at the end the 

17 following: ‘‘If such training is provided by a State or 

18 political subdivision of a State to an officer or em19 ployee of such State or political subdivision of a 

20 State, the cost of such training (including applicable 

21 overtime costs) shall be reimbursed by the Secretary 

22 of Homeland Security.’’; 

23 (3) by striking paragraph (9); and 

24 (4) by redesignating paragraph (10) as para25 graph (9). 


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1 (b) RULEMAKING.—Not later than 1 year after the 

2 date of the enactment of this Act, the Secretary shall issue 

3 regulations to carry out the amendments made by sub4 section (a). 

5 (c) EFFECTIVE DATES.— 

6 (1) REQUIREMENT FOR AGREEMENT.—Except 

7 as provided under paragraph (2), the amendments 

8 made by subsection (a) shall take effect on the ear9 lier of— 

10 (A) the date on which regulations are 

11 issued under paragraph (1); and 

12 (B) the date that is 1 year after the date 

13 of the enactment of this Act. 

14 (2) PAYMENT FOR TRAINING COSTS.—The 

15 amendment made by subsection (a)(2) shall take ef16 fect on the first day of the first fiscal year beginning 

17 after the date of the enactment of this Act. 

18 SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR 

19 DRIVING WHILE INTOXICATED. 

20 (a) IN GENERAL.—Section 236 of the Immigration 

21 and Nationality Act (8 U.S.C. 1226) is amended— 

22 (1) in subsection (c)(1)— 

23 (A) in subparagraph (C), by striking ‘‘, or’’ 

24 at the end; 


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1 (B) in subparagraph (D), by striking the 

2 comma at the end and inserting ‘‘; or’’; and 

3 (C) by inserting after subparagraph (D) 

4 the following: 

5 ‘‘(E) is deportable on any grounds and is 

6 apprehended for driving while intoxicated, driv7 ing under the influence, or similar violation of 

8 State law (as determined by the Secretary of 

9 Homeland Security) by a State or local law en10 forcement officer covered under an agreement 

11 under section 287(g),’’; 

12 (2) by redesignating subsection (e) as sub13 section (f); and 

14 (3) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 

17 local law enforcement officer apprehends an individual for 

18 an offense described in subsection (c)(1)(E) and the offi19 cer has reasonable grounds to believe that the individual 

20 is an alien— 

21 ‘‘(1) the officer shall use the databases of the 

22 Federal Government, including the National Crimi23 nal Information Center and the Law Enforcement 

24 Support Center, to determine if the individual— 

25 ‘‘(A) is an alien; and 


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1 ‘‘(B) is unlawfully present in the United 

2 States; and 

3 ‘‘(2) if any database under paragraph (1) indi4 cates that the individual is an alien unlawfully 

5 present in the United States— 

6 ‘‘(A) an officer covered under an agree7 ment under section 287(g) may issue a Federal 

8 detainer to maintain the alien in custody in ac9 cordance with such agreement until the alien is 

10 convicted for such offense or the alien is trans11 ferred to Federal custody; 

12 ‘‘(B) the officer may transport the alien to 

13 a location where the alien can be transferred to 

14 Federal custody and removed from the United 

15 States in accordance with applicable law; and 

16 ‘‘(C) the Secretary of Homeland Security 

17 shall reimburse the State and local law enforce18 ment agencies involved for the costs of trans19 porting aliens when such transportation is not 

20 done in the course of their normal duties; or 

21 ‘‘(3) if any database under paragraph (1) indi22 cates that the individual is an alien that is not un23 lawfully present in the United States, the officer 

24 shall— 


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1 ‘‘(A) take the alien into custody for such 

2 offense in accordance with State law; 

3 ‘‘(B) promptly notify the Secretary of 

4 Homeland Security of such apprehension; and 

5 ‘‘(C) maintain the alien in custody pending 

6 a determination by the Secretary with respect 

7 to any action to be taken by the Secretary 

8 against such alien.’’. 

9 (b) DEPORTATION FOR DRIVING WHILE INTOXI10 CATED.— 

11 (1) IN GENERAL.—Section 237(a)(2) of the Im12 migration and Nationality Act (8 U.S.C. 1227(a)(2)) 

13 is amended by adding at the end the following: 

14 ‘‘(F) DRIVING WHILE INTOXICATED.—Any 

15 alien who is convicted of driving while intoxi16 cated, driving under the influence, or a similar 

17 violation of State law (as determined by the 

18 Secretary of Homeland Security), or who re19 fuses, in violation of State law, to submit to a 

20 Breathalyzer test or other test for the purpose 

21 of determining blood alcohol content is deport22 able and shall be deported.’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall apply to violations or refusals 

25 occurring after the date of enactment of this Act. 


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1 (c) SHARING OF INFORMATION BY MOTOR VEHICLE

2 ADMINISTRATORS REGARDING DWI CONVICTIONS AND

3 REFUSALS.—Each State motor vehicle administrator 

4 shall— 

5 (1) share information with the Secretary relat6 ing to any alien who has a conviction or refusal de7 scribed in section 237(a)(2)(F) of the Immigration 

8 and Nationality Act (8 U.S.C. 1227(a)(2)(F)); 

9 (2) share such information with other State 

10 motor vehicle administrators through the Drivers Li11 cense Agreement of the American Association of 

12 Motor Vehicle Administrators; and 

13 (3) provide such information to the NCIC at 

14 such time and in such form as the Secretary may re15 quire. 

16 SEC. 8. FEDERAL DETENTION FACILITIES. 

17 (a) REPORT ON CURRENT ALLOCATION FORMULA; 

18 RECOMMENDATIONS FOR STOP-GAP MEASURES.—Not 

19 later than 90 days after the date of the enactment of this 

20 Act, the Secretary shall submit a report to Congress that 

21 describes the formula for allocation of Federal detention 

22 facilities for aliens under section 241(g) of the Immigra23 tion and Nationality Act (8 U.S.C. 1231(g)). The report 

24 shall include proposals for the temporary expansion of 

25 State and local jails to detain increased numbers of illegal 


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1 aliens pending construction or expansion of Federal deten2 tion facilities. 

3 (b) NEW CONSTRUCTION IN HIGH CONCENTRATION

4 AREAS.—In accordance with such section 241(g), the Sec5 retary shall ensure that, to the greatest extent practicable, 

6 construction of new detention facilities is undertaken in 

7 or near areas in which the Secretary has determined that 

8 there is a high concentration of illegal aliens. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section. 

Æ 


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