TITLE VII—FULFILLING FUND-
ING COMMITMENTS MADE IN 
THE INTELLIGENCE REFORM 
AND 
TERRORISM 
PREVEN-
TION ACT OF 2004 
SEC. 701. BIOMETRIC CENTER OF EXCELLENCE. 
In addition to such other sums as are authorized 
under law, to carry out section 4011(d) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (118 Stat. 
3714), there is authorized to be appropriated $1,000,000 
for fiscal year 2007 for the establishment of a competitive 
center of excellence that will develop and expedite the Fed-
eral Government’s use of biometric identifiers. 
SEC. 702. PORTAL DETECTION SYSTEMS. 
In addition to such other sums as are authorized 
under law, to carry out section 44925 of title 49, United 
States Code, there is authorized to be appropriated to the 
Secretary of Homeland Security for the use of the Trans-
portation Security Administration $250,000,000 for fiscal 
year 2007 for research, development, and installation of 
detection systems and other devices for the detection of 
biological, chemical, radiological, and explosive materials. 
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SEC. 703. BORDER SECURITY TECHNOLOGIES FOR USE BE-
TWEEN PORTS OF ENTRY. 
In addition to such other sums as are authorized 
under law, to carry out subtitle A of title V of the Intel-
ligence Reform and Terrorism Prevention Act (118 Stat. 
3732), there is authorized to be appropriated $25,000,000 
for fiscal year 2007 for the formulation of a research and 
development program to test various advanced tech-
nologies to improve border security between ports of entry 
as established in sections 5101, 5102, 5103, and 5104 of 
the Intelligence Reform and Terrorism Prevention Act of 
2004.
SEC. 704. IMMIGRATION SECURITY INITIATIVE. 
In addition to such other sums as are authorized 
under law, to carry out section 7206 of the Intelligence 
Reform and Terrorism Prevention Act (118 Stat. 3817), 
there are authorized to be appropriated to the Secretary 
of Homeland Security to carry out the amendments made 
by subsection (a) $40,000,000 for fiscal year 2007. 
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TITLE VIII—STATE AND LOCAL 
LAW ENFORCEMENT PROVI-
SIONS 
SEC. 801. AGREEMENTS WITH STATE AND LOCAL LAW EN-
FORCEMENT AGENCIES TO IDENTIFY AND 
TRANSFER TO FEDERAL CUSTODY CRIMINAL 
ALIENS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
enter into written agreements under section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) with 
States and political subdivisions of States to train and 
deputize jail and prison custodial officials— 
(1) to identify each individual in their custody 
who is a alien and who appears to be deportable 
under section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)); 
(2) to contact the Department of Homeland Se-
curity concerning each alien so identified; and 
(3) to transfer each such identified alien to a 
Federal law enforcement official for deportation pro-
ceedings. 
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SEC. 802. IMPROVED FEDERAL SHARING OF IMMIGRATION 
INFORMATION. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall share with the Attorney General immigration in-
formation. 
(b) IMPROVED OPERATION OF FEDERAL IMMIGRA-
TION DATABASES.— 
(1) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary and 
the Attorney General shall jointly submit to Con-
gress a report on improving performance of Federal 
immigration databases to ensure the prompt entry of 
immigration information into such databases. 
(2) COMPATIBILITY.—Such report shall contain 
recommendations 
to 
improve 
the 
compatibility 
among Federal immigration databases in order to— 
(A) improve data entry, including elimi-
nating of data entry backlogs; 
(B) increase efficiency; and 
(C) increase accessibility of information to 
Federal, State, and local law enforcement agen-
cies. 
(3) PROGRESS.—Such report shall include in-
formation on the progress that has been made with 
respect to the elimination of data entry backlogs in 
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such databases and any additional resources re-
quired to eliminate such backlogs. 
(c) DEFINITIONS.—For purposes of this section and 
section 3: 
(1) The term ‘‘DWI’’ means driving while in-
toxicated and includes similar motor vehicle viola-
tions. 
(2) The term ‘‘Federal immigration database’’ 
means each of the following: 
(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. 
(C) Any other database containing immi-
gration information identified by the Secretary 
of Homeland Security. 
(3) The term ‘‘immigration information’’ means 
information specified by the Secretary of Homeland 
Security, in consultation with the Attorney General, 
relating to immigration, including illegal immigra-
tion. 
(4) The term ‘‘LESC’’ means the Law Enforce-
ment Support Center. 
(5) The term ‘‘NCIC’’ means the National 
Criminal Information Center. 
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(6) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 803. 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 shall collect and report to the Secretary such 
immigration and DWI information and collected in 
the course of the director’s normal duties, and in 
such form and manner, as the Secretary may specify 
for entry into Federal immigration databases. 
(2) CONDITION OF RECEIPT OF SCAAP FUND-
ING.—If the director of a State or local law enforce-
ment agency does not collect and report information 
in accordance with paragraph (1), such State or 
local law enforcement agency shall be ineligible to 
receive funding under the State Criminal Alien As-
sistance Program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(i)). 
(3) REPORT ON RESOURCES.—Not later than 
90 days after the date of the enactment of this Act, 
the Secretary and the Attorney General shall jointly 
submit to Congress a report on additional resources 
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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 REPORT-
ING OF IMMIGRATION INFORMATION.—State and local law 
enforcement agencies are not required to collect and report 
immigration information relating to individuals who assist 
law enforcement agencies in the performance of their du-
ties, including as an informant, witness or in other similar 
capacity. 
SEC. 804. 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 on the wants/war-
rants page of the NCIC; 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 immi-
gration violation of an alien on the wants/warrants page 
of the NCIC and who arrests the alien shall detain the 
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100 
alien in a State or local jail until the alien can be trans-
ferred to Federal custody. 
SEC. 805. STATE AND LOCAL ENFORCEMENT OF FEDERAL 
IMMIGRATION LAWS. 
(a) IN GENERAL.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1), by striking ‘‘may’’ and in-
serting ‘‘shall’’ the first place it appears; 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘If such training is provided 
by a State or political subdivision of a State to an 
officer or employee of such State or political subdivi-
sion of a State, the cost of such training (including 
applicable cost of overtime) shall be reimbursed by 
the Secretary of Homeland Security.’’; and 
(3) by striking paragraph (9) and redesignating 
paragraph (10) as paragraph (9). 
(b) EFFECTIVE DATES.— 
(1) REQUIREMENT
FOR
AGREEMENT.—The 
amendments made by paragraphs (1) and (3) of 
subsection (a) shall take effect on such date (not 
later than 1 year after the date of the enactment of 
this Act) as the Secretary of Homeland Security 
shall specify. 
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101 
(2) PAYMENT
FOR
TRAINING
COSTS.—The 
amendment made by subsection (a)(2) shall take ef-
fect on the first day of the first fiscal year beginning 
after the date of the enactment of this Act. 
SEC. 806. DETENTION AND DEPORTATION OF ALIENS FOR 
DRIVING WHILE INTOXICATED (DWI). 
(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 adding ‘‘or’’ 
at the end; and 
(C) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) is deportable on any grounds and is 
apprehended for driving while intoxicated, driv-
ing under the influence, or similar violation of 
State law (as determined by the Secretary of 
Homeland Security) by a State or local law en-
forcement officer covered under an agreement 
under section 287(g),’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
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102 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(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 offi-
cer has reasonable ground to believe that the individual 
is an alien— 
‘‘(1) the officer shall verify with the databases 
of the Federal Government, including the National 
Criminal Information Center and the Law Enforce-
ment Support Center, whether the individual is an 
alien and whether such alien is 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 agree-
ment under section 287(g) is authorized to 
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 is authorized to trans-
port the alien to a location where the alien 
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103 
can be transferred to Federal custody and 
shall be removed from the United States in 
accordance with applicable law; and 
‘‘(iii) the Secretary of Homeland Se-
curity 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 but is not unlawfully present in the 
United States, the officer shall take the alien 
into custody for such offense in accordance with 
State law and shall promptly notify the Sec-
retary of Homeland Security of such apprehen-
sion and 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 DWI.— 
(1) IN GENERAL.—Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(F) DRIVING WHILE INTOXICATED.—Any 
alien who is convicted of driving while intoxi-
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104 
cated, driving under the influence, or similar 
violation of State law (as determined by the 
Secretary of Homeland Security), or who re-
fuses in violation of State law to submit to a 
Breathalyzer test or other test for the purpose 
of determining blood alcohol content is deport-
able and shall be deported.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to violations or refusals 
occurring after the date of the 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 with the Secretary of Homeland Secu-
rity information relating to any alien who has a con-
viction or refusal described in section 237(a)(2)(F) 
of the Immigration and Nationality Act; 
(2) share such information with other State 
motor vehicle administrators through the Drivers Li-
cense Agreement of the American Association of 
Motor Vehicle Administrators; and 
(3) enter such information into the NCIC in a 
timely manner. 
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105 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. LOCATION AND DEPORTATION OF CRIMINAL 
ALIENS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall locate and deport all aliens in the United States 
who are deportable under section 237(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1227(a)(2), relating 
to criminal aliens), including such aliens who under a 
‘‘catch and release’’ policy have been apprehended and re-
leased by Border Patrol agents or other immigration offi-
cers pending review of their cases. 
(b) INCREASE IN PROSECUTORS AND OTHER PER-
SONNEL.—There are authorized to be appropriated such 
sums as may be necessary to provide for additional pros-
ecutors and other personnel to effect the deportation of 
aliens under subsection (a). 
SEC. 902. DENYING ADMISSION TO FOREIGN GOVERNMENT 
OFFICIALS OF COUNTRIES DENYING ALIEN 
RETURN. 
Subsection (d) of section 243 of the Immigration and 
Nationality Act (8 U.S.C. 1253) is amended to read as 
follows: 
‘‘(d) DENYING ADMISSION TO FOREIGN GOVERN-
MENT OFFICIALS OF COUNTRIES DENYING ALIEN RE-
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106 
TURN.—Whenever the Secretary of Homeland Security de-
termines that the government of a foreign country has de-
nied or unreasonably delayed accepting an alien who is 
a citizen, subject, national, or resident of that country 
after the alien has been ordered removed from the United 
States, the Secretary, in consultation with the Secretary 
of State, may deny admission to any citizen, subject, na-
tional, or resident of that country who has received a non-
immigrant visa pursuant to subparagraphs (A) or (G) of 
section 101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)), unless such denial of admission 
violates an international treaty in force between the 
United States and that country.’’. 
SEC. 903. BORDER PATROL TRAINING FACILITY. 
The Secretary of Homeland Security shall establish 
a Border Patrol training facility at a location that is cen-
trally and geographically located at United States-Mexico 
border to assist in the training of additional Border Patrol 
agents authorized under this Act or any other provision 
of law. 
SEC. 904. SENSE OF CONGRESS. 
It is the sense of the Congress that the United States 
will not be fully secure until we enhance border security 
and enforcement, overhaul the immigration system, and 
take a realistic and bipartisan approach to dealing with 
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107 
the 12,000,000 undocumented workers already present in 
the country. 
Æ 
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