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 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: 
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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. 
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 
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(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, 
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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-
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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 
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. 4. DWI AND IMMIGRATION INFORMATION IN THE NA-
TIONAL 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 
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(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 
alien in a State or local jail until the alien can be trans-
ferred to Federal custody. 
SEC. 5. STATE AND LOCAL ENFORCEMENT OF FEDERAL IM-
MIGRATION 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.— 
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(1) REQUIREMENT
FOR
AGREEMENT.—The 
amendments made by paragraphs (1) and (3) of 
subsection (a) shall take effect on such date (not 
later than one year after the date of the enactment 
of this Act) as the Secretary of Homeland Security 
shall specify. 
(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. 6. 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 adding 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 
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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 
(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 
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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.— 
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(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 (as added by 
subsection (b)); 
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(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 
aliens who are unlawfully present in the United States 
pending construction or expansion of Federal detention fa-
cilities. 
(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 
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there is a high concentration of aliens who are unlawfully 
present in the United States. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as necessary 
to carry out this section. 
Æ 
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