I 

110TH CONGRESS 

1ST SESSION H. R. 1355 

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 HOUSE OF REPRESENTATIVES 

MARCH 6, 2007 

Mrs. MYRICK (for herself and Mr. MCINTYRE) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Improved Federal sharing of immigration information. 

Sec. 3. State and local reporting of immigration information. 

Sec. 4. DWI and immigration information in the National Criminal Information 

Center. 

Sec. 5. State and local enforcement of Federal immigration laws. 

Sec. 6. Detention and deportation of aliens for driving while intoxicated (DWI). 

Sec. 7. Federal detention facilities. 

1 SEC. 2. IMPROVED FEDERAL SHARING OF IMMIGRATION 

2 INFORMATION. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall share with the Attorney General immigration in5 formation. 

6 (b) IMPROVED OPERATION OF FEDERAL IMMIGRA7 TION DATABASES.— 

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

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

10 the Attorney General shall jointly submit to Con11 gress a report on improving performance of Federal 

12 immigration databases to ensure the prompt entry of 

13 immigration information into such databases. 

14 (2) COMPATIBILITY.—Such report shall contain 

15 recommendations to improve the compatibility 

16 among Federal immigration databases in order to— 

17 (A) improve data entry, including elimi18 nating of data entry backlogs; 

19 (B) increase efficiency; and 


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1 (C) increase accessibility of information to 

2 Federal, State, and local law enforcement agen3 cies. 

4 (3) PROGRESS.—Such report shall include in5 formation on the progress that has been made with 

6 respect to the elimination of data entry backlogs in 

7 such databases and any additional resources re8 quired to eliminate such backlogs. 

9 (c) DEFINITIONS.—For purposes of this section and 

10 section 3: 

11 (1) The term ‘‘DWI’’ means driving while in12 toxicated and includes similar motor vehicle viola13 tions. 

14 (2) The term ‘‘Federal immigration database’’ 

15 means each of the following: 

16 (A) The database of the LESC insofar as 

17 it relates to immigration information. 

18 (B) The database of the NCIC insofar as 

19 it relates to immigration information. 

20 (C) Any other database containing immi21 gration information identified by the Secretary 

22 of Homeland Security. 

23 (3) The term ‘‘immigration information’’ means 

24 information specified by the Secretary of Homeland 

25 Security, in consultation with the Attorney General, 


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1 relating to immigration, including illegal immigra2 tion. 

3 (4) The term ‘‘LESC’’ means the Law Enforce4 ment Support Center. 

5 (5) The term ‘‘NCIC’’ means the National 

6 Criminal Information Center. 

7 (6) The term ‘‘Secretary’’ means the Secretary 

8 of Homeland Security. 

9 SEC. 3. STATE AND LOCAL REPORTING OF IMMIGRATION 

10 INFORMATION. 

11 (a) REQUIREMENT.— 

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

13 the director of each State and local law enforcement 

14 agency shall collect and report to the Secretary such 

15 immigration and DWI information as is collected in 

16 the course of the director’s normal duties, and in 

17 such form and manner, as the Secretary may specify 

18 for entry into Federal immigration databases. 

19 (2) CONDITION OF RECEIPT OF SCAAP FUND20 ING.—If the director of a State or local law enforce21 ment agency does not collect and report information 

22 in accordance with paragraph (1), such State or 

23 local law enforcement agency shall be ineligible to 

24 receive funding under the State Criminal Alien AsVerDate Aug 31 2005 22:32 Mar 08, 2007 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1355.IH H1355

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1 sistance Program under section 241(i) of the Immi2 gration and Nationality Act (8 U.S.C. 1231(i)). 

3 (3) REPORT ON RESOURCES.—Not later than 

4 90 days after the date of the enactment of this Act, 

5 the Secretary and the Attorney General shall jointly 

6 submit to Congress a report on additional resources 

7 required by State and local law enforcement agencies 

8 to comply with the requirement of paragraph (1). 

9 (b) PROMOTION OF LAW ENFORCEMENT SUPPORT

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

11 LESC to State and local law enforcement agencies. 

12 (c) EXEMPTION FROM STATE AND LOCAL REPORT13 ING OF IMMIGRATION INFORMATION.—State and local law 

14 enforcement agencies are not required to collect and report 

15 immigration information relating to individuals who assist 

16 law enforcement agencies in the performance of their du17 ties, including as an informant, witness, or in other similar 

18 capacity. 

19 SEC. 4. DWI AND IMMIGRATION INFORMATION IN THE NA20 TIONAL CRIMINAL INFORMATION CENTER. 

21 (a) INCLUSION.—DWI and immigration information 

22 in the NCIC— 

23 (1) shall appear as a flag on the wants/war24 rants page of the NCIC; 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 on the wants/warrants page 

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. 5. 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’’ and in15 serting ‘‘shall’’ the first place it appears; 

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

17 following new sentence: ‘‘If such training is provided 

18 by a State or political subdivision of a State to an 

19 officer or employee of such State or political subdivi20 sion of a State, the cost of such training (including 

21 applicable cost of overtime) shall be reimbursed by 

22 the Secretary of Homeland Security.’’; and 

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

24 paragraph (10) as paragraph (9). 

25 (b) EFFECTIVE DATES.— 


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1 (1) REQUIREMENT FOR AGREEMENT.—The 

2 amendments made by paragraphs (1) and (3) of 

3 subsection (a) shall take effect on such date (not 

4 later than one year after the date of the enactment 

5 of this Act) as the Secretary of Homeland Security 

6 shall specify. 

7 (2) PAYMENT FOR TRAINING COSTS.—The 

8 amendment made by subsection (a)(2) shall take ef9 fect on the first day of the first fiscal year beginning 

10 after the date of the enactment of this Act. 

11 SEC. 6. DETENTION AND DEPORTATION OF ALIENS FOR 

12 DRIVING WHILE INTOXICATED (DWI). 

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

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

15 (1) in subsection (c)(1)— 

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

17 at the end; 

18 (B) in subparagraph (D), by adding ‘‘or’’ 

19 at the end; and 

20 (C) by adding after subparagraph (D) the 

21 following new subparagraph: 

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

23 apprehended for driving while intoxicated, driv24 ing under the influence, or similar violation of 

25 State law (as determined by the Secretary of 


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1 Homeland Security) by a State or local law en2 forcement officer covered under an agreement 

3 under section 287(g),’’; 

4 (2) by redesignating subsection (e) as sub5 section (f); and 

6 (3) by inserting after subsection (d) the fol7 lowing new subsection: 

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

9 local law enforcement officer apprehends an individual for 

10 an offense described in subsection (c)(1)(E) and the offi11 cer has reasonable ground to believe that the individual 

12 is an alien— 

13 ‘‘(1) the officer shall verify with the databases 

14 of the Federal Government, including the National 

15 Criminal Information Center and the Law Enforce16 ment Support Center, whether the individual is an 

17 alien and whether such alien is unlawfully present in 

18 the United States; and 

19 ‘‘(2) if any such database— 

20 ‘‘(A) indicates that the individual is an 

21 alien unlawfully present in the United States— 

22 ‘‘(i) an officer covered under an agree23 ment under section 287(g) is authorized to 

24 issue a Federal detainer to maintain the 

25 alien in custody in accordance with such 


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1 agreement until the alien is convicted for 

2 such offense or the alien is transferred to 

3 Federal custody; 

4 ‘‘(ii) the officer is authorized to trans5 port the alien to a location where the alien 

6 can be transferred to Federal custody and 

7 shall be removed from the United States in 

8 accordance with applicable law; and 

9 ‘‘(iii) the Secretary of Homeland Se10 curity shall reimburse the State and local 

11 law enforcement agencies involved for the 

12 costs of transporting aliens when such 

13 transportation is not done in the course of 

14 their normal duties; or 

15 ‘‘(B) indicates that the individual is an 

16 alien but is not unlawfully present in the 

17 United States, the officer shall take the alien 

18 into custody for such offense in accordance with 

19 State law and shall promptly notify the Sec20 retary of Homeland Security of such apprehen21 sion and maintain the alien in custody pending 

22 a determination by the Secretary with respect 

23 to any action to be taken by the Secretary 

24 against such alien.’’. 

25 (b) DEPORTATION FOR DWI.— 


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1 (1) IN GENERAL.—Section 237(a)(2) of such 

2 Act (8 U.S.C. 1227(a)(2)) is amended by adding at 

3 the end the following new subparagraph: 

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

5 alien who is convicted of driving while intoxi6 cated, driving under the influence, or similar 

7 violation of State law (as determined by the 

8 Secretary of Homeland Security), or who re9 fuses in violation of State law to submit to a 

10 Breathalyzer test or other test for the purpose 

11 of determining blood alcohol content is deport12 able and shall be deported.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

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

15 occurring after the date of the enactment of this 

16 Act. 

17 (c) SHARING OF INFORMATION BY MOTOR VEHICLE

18 ADMINISTRATORS REGARDING DWI CONVICTIONS AND

19 REFUSALS.—Each State motor vehicle administrator 

20 shall— 

21 (1) share with the Secretary of Homeland Secu22 rity information relating to any alien who has a con23 viction or refusal described in section 237(a)(2)(F) 

24 of the Immigration and Nationality Act (as added by 

25 subsection (b)); 


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1 (2) share such information with other State 

2 motor vehicle administrators through the Drivers Li3 cense Agreement of the American Association of 

4 Motor Vehicle Administrators; and 

5 (3) enter such information into the NCIC in a 

6 timely manner. 

7 SEC. 7. FEDERAL DETENTION FACILITIES. 

8 (a) REPORT ON CURRENT ALLOCATION FORMULA; 

9 RECOMMENDATIONS FOR STOP-GAP MEASURES.—Not 

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

11 Act, the Secretary of Homeland Security shall submit to 

12 Congress a report describing the formula for allocation of 

13 Federal detention facilities for aliens under section 241(g) 

14 of the Immigration and Nationality Act (8 U.S.C. 

15 1231(g)). The Secretary shall include in such report rec16 ommendations for measures for the temporary expansion 

17 of State and local jails to detain increased numbers of 

18 aliens who are unlawfully present in the United States 

19 pending construction or expansion of Federal detention fa20 cilities. 

21 (b) NEW CONSTRUCTION IN HIGH CONCENTRATION

22 AREAS.—In accordance with such section, the Secretary 

23 shall ensure that, to the greatest extent practicable, con24 struction of new detention facilities is undertaken in or 

25 near areas in which the Secretary has determined that 


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1 there is a high concentration of aliens who are unlawfully 

2 present in the United States. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as necessary 

5 to carry out this section. 

Æ 


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