[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Page S5847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2484. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle A of title IV of division B, add 
     the following:

     SEC. 241__. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED PERSONS.

       Section 163(e) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Fiscal year 2022 and thereafter.--
       ``(A) Reservation of funds.--Beginning on October 1, 2021, 
     no amounts apportioned to a State under paragraphs (1) or (2) 
     of section 104(b) may be spent in sanctuary jurisdictions.
       ``(B) Definition of sanctuary jurisdiction.--
       ``(i) In general.--Except as provided under subparagraph 
     (ii), for purposes of this paragraph, 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--

       ``(I) sending, receiving, maintaining, or exchanging with 
     any Federal, State, or local government entity information 
     regarding the citizenship or immigration status (lawful or 
     unlawful) of an individual who is convicted of violating laws 
     that prohibit the operation of motor vehicles by intoxicated 
     persons; or
       ``(II) 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 who is convicted of violating laws that 
     prohibit the operation of motor vehicles by intoxicated 
     persons.

       ``(ii) Exception.--A State or political subdivision of a 
     State shall not be deemed a sanctuary jurisdiction based 
     solely on the State or political subdivision having a policy 
     under which officials of the State or political subdivision 
     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.''.
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