Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information.
Requires: (1) the director of each state and local law enforcement agency to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties; and (2) such information to appear as a flag on the wants/warrants page of the National Criminal Information Center (NCIC) database.
Amends the Immigration and Nationality Act to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien. Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests.
Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens.
[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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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