compliance. (6) Reallocation Any funds that are not allocated to a State or to a political subdivision of a State due to the failure of the State or of the political subdivision of the State to comply with subsection (a) or (b) shall be reallocated to States or to political subdivisions of States that comply with both such subsections. (e) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (d) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ), as added by this section, shall apply only to prohibited acts committed on or after the date of the enactment of this Act. 115. Clarifying the authority of ICE detainers (a) In general Section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) ) is amended to read as follows: (d) Detainer of inadmissible or deportable aliens (1) In general In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien. (2) Probable cause Probable cause is deemed to be established if— (A) the individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable