I 
111TH CONGRESS 
1ST SESSION H. R. 1199 
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 
FEBRUARY 25, 2009 
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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve sharing of immigration information among Fed-
eral, State, and local law enforcement officials, to im-
prove State and local enforcement of immigration laws, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 of 
this Act is as follows: 
VerDate Nov 24 2008 
01:32 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1199.IH
H1199
rfrederick on PROD1PC67 with BILLS
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 removal of aliens for driving while intoxicated (DWI). 
Sec. 7. Federal detention facilities. 
SEC. 2. 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 
VerDate Nov 24 2008 
01:32 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1199.IH
H1199
rfrederick on PROD1PC67 with BILLS
(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 
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, 
VerDate Nov 24 2008 
01:32 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1199.IH
H1199
rfrederick on PROD1PC67 with BILLS
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. 
(6) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 3. 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 as is 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-
VerDate Nov 24 2008 
01:32 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1199.IH
H1199
rfrederick on PROD1PC67 with BILLS