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 
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-
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. 
SEC. 7. FEDERAL DETENTION FACILITIES. 
(a) REPORT ON CURRENT ALLOCATION FORMULA; 
RECOMMENDATIONS
FOR
STOP-GAP
MEASURES.—Not 
later than 90 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to 
Congress a report describing 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 Secretary shall include in such report rec-
ommendations for measures for the temporary expansion 
of State and local jails to detain increased numbers of ille-
gal aliens pending construction or expansion of Federal 
detention facilities. 
(b) NEW CONSTRUCTION IN HIGH CONCENTRATION 
AREAS.—In accordance with such section, the Secretary 
shall ensure that, to the greatest extent practicable, con-
struction 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 necessary 
to carry out this section. 
Æ