This is a rush transcript from "The O'Reilly Factor," August 23, 2007. This copy may not be in its final form and may be updated

BILL O’REILLY, HOST: Now for the top story tonight, writing and introducing the new legislation. Joining us now from Nashville, Tennessee, Congresswoman Marsha Blackburn and from Virginia Beach Congresswoman Thelma Drake who knows very well about the subject, as two teenage girls were killed by a drunk driver criminal alien in her district.

Congresswoman Drake, are you going to champion this law? We need champions. We need leaders here. We need people to get right into the Congress' wheelhouse and get it passed.

REP. THELMA DRAKE (R), VIRGINIA: Well Bill, first of all, thank you for championing this issue across America. You brought it to everyone's attention the terrible tragedy of the two girls in Virginia Beach. You are exactly right.

America needs to know what's going on and what we have done in the appropriations bill this year, I introduced an amendment that would say if you are a sanctuary city, which by the way Bill, is already in violation of federal law, but it has no teeth, that you would lose all federal funding.

That has passed the House in that version. I would like to ask for your help and the help of your viewers to make sure that that language stays in this bill and it doesn't come out.

O'REILLY: We absolutely will do that.

DRAKE: Thank you.

O'REILLY: If the Senate tries to take the language out, we are going to come down on them hard. In addition to the sanctuary cities being held accountable, Congresswoman Blackburn — you did a great job, Congresswoman Drake. You were behind this from the beginning, even when we get hammered in Virginia Beach by the locals. You stood firm. You knew it was right. You stood up for the girls' families who were killed and I want everybody to know that.

Congresswoman Blackburn, we need a separate legislation on criminal aliens because the situation is so urgent. When you have three college kids sitting around in a school yard on a summer night listening to music and you have a guy charged with child rape, as this Carranza was, come over to them and shoot them in the back of the head, because a loopy judge and a mayor who is confused to say the least would not inform federal authorities that Carranza had been arrested on child rape charges, they wouldn't do it.

We have an urgent situation, Congresswoman. So we need to get a separate law that requires these people to inform ICE. How are we going to do that?

REP. MARSHA BLACKBURN (R), TENNESSE: Yes, and we are going to do that. There is legislation that late Congressman Charlie Norwood had in both the 108th and 109th Congress and again in the 110th before his passing, it was the clear act. So we are reintroducing this legislation. It will be the Charlie Norwood clear act of 207.

And Bill, it will handle several of those points that you've mentioned. Specifically our local law enforcement, state and local law enforcement will have the inherent authority to go in and detain these aliens, then also there will be the funds that they can use, accessing those state criminal alien funds and will incentivize those that are working with the feds and will withhold funds from those that are not working to deport and to detain these criminal aliens.

O'REILLY: All right, I like it, but I think you've got to put in with all due respect, you've got to put in 48 hours' notification to ICE.

BLACKBURN: Yes.

O'REILLY: You have to do that because — look, a lot of these guys have real long rap sheets at home.

BLACKBURN: That's right.

O'REILLY: And they can be deported immediately, immediately. Now, I don't want them all deported immediately. I want them to go to jail for life if they killed college kids.

BLACKBURN: Right, and that's why the third provision of this bill is so important and that is the National Crime Information Center, NCIC. Having that database transparent to the cop on the street requiring the federal government so that the cop on the beat has that information.

O'REILLY: They can get the information like that.

BLACKBURN: Right then and there and they know to detain that person. So that is in the legislation.

O'REILLY: We're going to take a look at that legislation.

BLACKBURN: Wonderful.

O'REILLY: Congresswoman Drake, do you believe there will be opposition to any of this? I can't imagine anybody in Congress opposing these laws both you and Congresswoman Blackburn are talking about. Can you?

DRAKE: I can't imagine people opposing it. I think we are all united in the purpose that people have to be safe in America, and it is inexcusable for any city to protect the identity of an illegal alien and make Americans unsafe. That is totally inexcusable and I think people support it.

O'REILLY: Well, I want you guys to tell us. We are going to stay in touch with both of your offices. If there's somebody in there — we don't mind if you oppose. Come out and tell us why. We'll have the debate. If somebody is trying to back door this, they won't introduce it or whatever, we are going to get on their case.

DRAKE: And we need to make sure that we have the funding for ICE, Bill. That's why I did an amendment that Democrats had reduced. We need the funding.

O'REILLY: We will get the funding. Let's get the laws first so there is no wiggle room for the Newarks and the New Havens and the other sanctuaries.

BLACKBURN: The sanctuary cities, that's exactly right.

O'REILLY: No wiggle room at all. Either do it, or you're going to be charged. Ladies, thanks very much.

DRAKE: Thank you very much.

BLACKBURN: Thanks, Bill.

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