[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Pages S5308-S5309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3518. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 3399 proposed by Mr. Shelby to the bill H.R. 6147, making
appropriations for the Department of the Interior, environment, and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in division D, insert the
following:
SEC. __. STOP DANGEROUS SANCTUARY CITIES ACT.
(a) Short Title.--This section may be cited as the ``Stop
Dangerous Sanctuary Cities Act''.
(b) Ensuring That Local and Federal Law Enforcement
Officers May Cooperate to Safeguard Our Communities.--
(1) Authority to cooperate with federal officials.--A
State, a political subdivision of a State, or an officer,
employee, or agent of such State or political subdivision
that complies with a detainer issued by the Department of
Homeland Security under section 236 or 287 of the Immigration
and Nationality Act (8 U.S.C. 1226 and 1357)--
(A) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(B) with regard to actions taken to comply with the
detainer, shall have all authority available to officers and
employees of the Department of Homeland Security.
(2) Legal proceedings.--In any legal proceeding brought
against a State, a political subdivision of a State, or an
officer, employee, or agent of such State or political
subdivision, which challenges the legality of the seizure or
detention of an individual pursuant to a detainer issued by
the Department of Homeland Security under section 236 or 287
of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(A) no liability shall lie against the State or political
subdivision of a State for actions taken in compliance with
the detainer; and
(B) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(i) the officer, employee, or agent shall be deemed--
(I) to be an employee of the Federal Government and an
investigative or law enforcement officer; and
(II) to have been acting within the scope of his or her
employment under section 1346(b) and chapter 171 of title 28,
United States Code;
(ii) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(iii) the United States shall be substituted as defendant
in the proceeding.
(3) Rule of construction.--Nothing in this subsection may
be construed to provide immunity to any person who knowingly
violates the civil or constitutional rights of an individual.
(c) Sanctuary Jurisdiction Defined.--
(1) In general.--Except as provided under paragraph (2),
for purposes of this section the term ``sanctuary
jurisdiction'' means any State or political subdivision of a
State that has in effect a statute, ordinance, policy, or
practice that prohibits or restricts any government entity or
official from--
(A) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(B) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of
the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)
to comply with a detainer for, or notify about the release
of, an individual.
(2) Exception.--A State or political subdivision of a State
shall not be deemed a sanctuary jurisdiction based solely on
its having a policy whereby its officials will not share
information regarding, or comply with a request made by the
Department of Homeland Security under section 236 or 287 of
the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)
to comply with a detainer regarding, an individual who comes
forward as a victim or a witness to a criminal offense.
(d) Sanctuary Jurisdictions Ineligible for Certain Federal
Funds.--
(1) Economic development administration grants.--
(A) Grants for public works and economic development.--
Section 201(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3141(b)) is amended--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) the area in which the project is to be carried out is
not a sanctuary jurisdiction (as defined in subsection (c) of
the Stop Dangerous Sanctuary Cities Act).''.
(B) Grants for planning and administration.--Section 203(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3143(a)) is amended by adding at the end the
following: ``A sanctuary jurisdiction (as defined in
subsection (c) of the Stop Dangerous Sanctuary Cities Act)
may not be deemed an eligible recipient under this
subsection.''.
(C) Supplementary grants.--Section 205(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3145(a)) is amended--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) will be carried out in an area that does not contain
a sanctuary jurisdiction (as defined in subsection (c) of the
Stop Dangerous Sanctuary Cities Act).''.
[[Page S5309]]
(D) Grants for training, research, and technical
assistance.--Section 207 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147) is amended by adding
at the end the following:
``(c) Ineligibility of Sanctuary Jurisdictions.--Grants
funds under this section may not be used to provide
assistance to a sanctuary jurisdiction (as defined in
subsection (c) of the Stop Dangerous Sanctuary Cities
Act).''.
(2) Community development block grants.--Title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) is amended--
(A) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25) The term `sanctuary jurisdiction' has the meaning
provided in subsection (c) of the Stop Dangerous Sanctuary
Cities Act.''.
(B) in section 104 (42 U.S.C. 5304)--
(i) in subsection (b)--
(I) in paragraph (5), by striking ``and'' at the end;
(II) by redesignating paragraph (6) as paragraph (7); and
(III) by inserting after paragraph (5) the following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for
which the grantee receives a grant under this title; and''.
(ii) by adding at the end the following:
``(n) Protection of Individuals Against Crime.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended for any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
the Secretary--
``(i) shall direct the State to immediately return to the
Secretary any such amounts that the State received for that
period; and
``(ii) shall reallocate amounts returned under clause (i)
for grants under this title to other States that are not
sanctuary jurisdictions.
``(B) Unit of general local government.--If a unit of
general local government is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
any such amounts that the unit of general local government
received for that period--
``(i) in the case of a unit of general local government
that is not in a nonentitlement area, shall be returned to
the Secretary for grants under this title to States and other
units of general local government that are not sanctuary
jurisdictions; and
``(ii) in the case of a unit of general local government
that is in a nonentitlement area, shall be returned to the
Governor of the State for grants under this title to other
units of general local government in the State that are not
sanctuary jurisdictions.
``(C) Reallocation rules.--In reallocating amounts under
subparagraphs (A) and (B), the Secretary shall--
``(i) apply the relevant allocation formula under
subsection (b), with all sanctuary jurisdictions excluded;
and
``(ii) shall not be subject to the rules for reallocation
under subsection (c).''.
(3) Effective date.--This subsection and the amendments
made by this subsection shall take effect on October 1, 2018.
______