; and (4) by adding at the end the following: (d) Compliance (1) Transfer of custody of aliens pending removal proceedings The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or political subdivision of a State found not to be in compliance with subsection (a) or (b), regardless of whether the State or political subdivision of the State has issued a writ or warrant. (2) Transfer of custody of certain aliens prohibited The Secretary shall not transfer an alien with a final order of removal pursuant to paragraph (1)(A) or (5) of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) to a State or a political subdivision of a State that is found not to be in compliance with subsection (a) or (b). (3) Annual determination The Secretary shall determine for each calendar year which States or political subdivision of States are not in compliance with subsection (a) or (b) and shall report such determinations to Congress by March 1 of each succeeding calendar year. (4) Reports The Secretary of Homeland Security shall issue a report concerning the compliance with subsections (a) and (b) of any particular State or political subdivision of a State at the request of the House or the Senate Judiciary Committee. (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. 4. 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