[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1520. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--STOP DANGEROUS SANCTUARY CITIES ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Stop Dangerous 
     Sanctuary Cities Act''.

     SEC. 4002. ENSURING COOPERATION BETWEEN FEDERAL LAW 
                   ENFORCEMENT OFFICERS AND STATE AND LOCAL LAW 
                   ENFORCEMENT OFFICERS TO SAFEGUARD OUR 
                   COMMUNITIES.

       (a) 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)--
       (1) shall be deemed to be acting as an agent of the 
     Department of Homeland Security; and
       (2) 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.
       (b) Legal Proceedings.--In any legal proceeding brought 
     against a State, a political subdivision of 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)--
       (1) no liability shall lie against the State or political 
     subdivision of a State for actions taken in compliance with 
     the detainer; and
       (2) if the actions of the officer, employee, or agent of 
     the State or political subdivision were taken in compliance 
     with the detainer--
       (A) 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;
       (B) section 1346(b) of title 28, United States Code, shall 
     provide the exclusive remedy for the plaintiff; and
       (C) the United States shall be substituted as defendant in 
     the proceeding.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to provide immunity to any person who knowingly 
     violates the civil or constitutional rights of an individual.

     SEC. 4003. SANCTUARY JURISDICTION DEFINED.

       (a) In General.--Except as provided under subsection (b), 
     for purposes of this division, 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--
       (1) 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
       (2) 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.
       (b) 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.

     SEC. 4004. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN 
                   FEDERAL FUNDS.

       (a) Economic Development Administration Grants.--
       (1) 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--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) 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 section 4003 of 
     the Stop Dangerous Sanctuary Cities Act).''.
       (2) Grants for planning and administrative expenses.--
     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 
     section 4003 of the Stop Dangerous Sanctuary Cities Act) may 
     not be deemed an eligible recipient under this subsection.''.
       (3) Supplementary grants.--Section 205(a) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 
     3145(a)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3)(B), by striking the period at the end 
     and inserting ``; and''; and
       (C) 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 section 4003 of the 
     Stop Dangerous Sanctuary Cities Act).''.
       (4) 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.--Grant 
     funds authorized under this section may not be used to 
     provide assistance to a sanctuary jurisdiction (as defined in 
     section 4003 of the Stop Dangerous Sanctuary Cities Act).''.
       (b) Community Development Block Grants.--Title I of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 5301 
     et seq.) is amended--
       (1) 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 section 4003 of the Stop Dangerous Sanctuary 
     Cities Act.''; and
       (2) in section 104(b) (42 U.S.C. 5304(b))--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) 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''; 
     and
       (3) in section 106 (42 U.S.C. 5306), by adding at the end 
     the following:
       ``(g) 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--
       ``(i) shall 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).''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 30 days 
     after the date of the enactment of this Act.
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