[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3776 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3776

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

                           September 14, 2005

  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.

    Be it enacted by the Senate and House of Representatives 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:

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 Security shall share 
with the Attorney General immigration information.
    (b) Improved Operation of Federal Immigration 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 Congress 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 eliminating of 
                data entry backlogs;
                    (B) increase efficiency; and
                    (C) increase accessibility of information to 
                Federal, State, and local law enforcement agencies.
            (3) Progress.--Such report shall include information on the 
        progress that has been made with respect to the elimination of 
        data entry backlogs in such databases and any additional 
        resources required to eliminate such backlogs.
    (c) Definitions.--For purposes of this section and section 3:
            (1) The term ``DWI'' means driving while intoxicated and 
        includes similar motor vehicle violations.
            (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 immigration 
                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 immigration.
            (4) The term ``LESC'' means the Law Enforcement 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 
        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 funding.--If the director 
        of a State or local law enforcement 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 Assistance Program under 
        section 241(i) of the Immigration 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 Reporting 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 duties, 
including as an informant, witness or in other similar capacity.

SEC. 4. 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/warrants 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 immigration 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 transferred 
to Federal custody.

SEC. 5. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``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 subdivision 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.
            (2) Payment for training costs.--The amendment made by 
        subsection (a)(2) shall take effect 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 inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) is deportable on any grounds and is 
                apprehended for driving while intoxicated, driving 
                under the influence, or similar violation of State law 
                (as determined by the Secretary of Homeland Security) 
                by a State or local law enforcement officer covered 
                under an agreement under section 287(g),'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following 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 officer 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 Enforcement 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 agreement 
                        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 
                        transport 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 Security 
                        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 Secretary of Homeland Security of such 
                apprehension 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 intoxicated, driving under 
                the influence, or similar violation of State law (as 
                determined by the Secretary of Homeland Security), or 
                who refuses in violation of State law to submit to a 
                Breathalyzer test or other test for the purpose of 
                determining blood alcohol content is deportable 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 Security 
        information relating to any alien who has a conviction 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 License 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 recommendations for measures for the temporary expansion of 
State and local jails to detain increased numbers of illegal 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, construction 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.
                                 <all>