[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1764 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1764

    To prohibit certain Federal funds from being made available to 
                sanctuary cities and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2015

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prohibit certain Federal funds from being made available to 
                sanctuary cities 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.

    This Act may be cited as the ``Protecting American Citizens 
Together Act'' or the ``PACT Act''.

SEC. 2. LIMITATION ON FEDERAL FUNDS TO SANCTUARY CITIES.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended by 
adding at the end the following:
    ``(d) Limitation on Federal Funds to Sanctuary Cities.--
            ``(1) Sanctuary city defined.--In this section, the term 
        `sanctuary city' means a State or subdivision of a State that 
        the Attorney General determines--
                    ``(A) has in effect a statute, policy, or practice 
                that is not in compliance with subsection (a) or (b); 
                or
                    ``(B) does not have a statute, policy, or practice 
                that requires law enforcement officers--
                            ``(i) to notify the U.S. Immigration and 
                        Customs Enforcement if the State or unit has 
                        custody of an alien without lawful status in 
                        the United States and detain the alien for no 
                        more than six hours for no other purpose than 
                        to determine whether or not U.S. Immigration 
                        and Customs Enforcement will issue a detainer 
                        request; and
                            ``(ii) to maintain custody of such an alien 
                        for a period of not less than 48 hours 
                        (excluding Saturdays, Sundays, and holidays) if 
                        U.S. Immigration and Customs Enforcement issues 
                        a detainer for such alien.
            ``(2) Limitation on grants.--A sanctuary city shall not be 
        eligible to receive, for a minimum period of at least 1 year, 
        any funds pursuant to--
                    ``(A) the Edward Byrne Memorial Justice Assistance 
                Grant Program established pursuant to subpart 1 of part 
                E of title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3750 et seq.);
                    ``(B) the `Cops' program under part Q of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3796dd et seq.);
                    ``(C) the Urban Area Security Initiative authorized 
                under section 2003 of the Homeland Security Act of 2002 
                (6 U.S.C. 604);
                    ``(D) the State Homeland Security Grant Program 
                authorized under section 2004 of the Homeland Security 
                Act of 2002 (6 U.S.C. 605);
                    ``(E) the port security grant program authorized 
                under section 70107 of title 46, United States Code;
                    ``(F) the State Criminal Alien Assistance Program 
                under section 241(i) of the Immigration and Nationality 
                Act (8 U.S.C. 1231(i)); or
                    ``(G) any other non-disaster preparedness grant 
                program administered by the Federal Emergency 
                Management Agency.
            ``(3) Termination of ineligibility.--A jurisdiction that is 
        found to be a sanctuary city shall only become eligible to 
        receive funds under a program set out under paragraph (1) after 
        the Attorney General certifies that the jurisdiction is no 
        longer a sanctuary city.''.
    (b) Clerical Amendments.--Section 642 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 
amended by striking ``Immigration and Naturalization Service'' each 
place that term appears and inserting ``Department of Homeland 
Security''.

SEC. 3. TRANSFER OF ALIENS FROM BUREAU OF PRISONS CUSTODY.

    (a) Transfer to U.S. Immigration and Customs Enforcement.--The 
Attorney General shall prioritize a request from the Secretary of 
Homeland Security to transfer a covered alien to the custody of U.S. 
Immigration and Customs Enforcement before a request from the 
appropriate official of a State or a subdivision of a State to transfer 
the covered alien to the custody of such State or subdivision.
    (b) Covered Alien Defined.--In this section, the term ``covered 
alien'' means an alien who--
            (1) is without lawful status in the United States; and
            (2) is in the custody of the Bureau of Prisons.
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