,,ii #aaith ,,congress #ast ,session ,s4 #bdja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbe,mr4 ,risch 7for himself1 ,mr4 ,crapo1 ,mr4 ,lee1 ,mr4 ,marshall1 ,mr4 ,justice1 ,mr4 ,scott of ,florida1 and ,mr4 ,johnson7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bhg7;g7 of the ,immigration and ,nationality ,act to clarify congressional intent with respect to agreements under such section1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #bhg7;g7 ,program ,protection ,act4 #b4 ,clarification of congressional intent ,section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary of ,homeland ,security shall enter into a written agreement with a ,state1 or any political subdivision of a ,state1 upon request of the ,state or political subdivision1 pursuant to which law enforcement officers of such ,state or subdivision1 who the ,secretary determines are qualified to perform a function of an immigration officer in relation to the investigation1 apprehension1 or detention of aliens in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers71 may carry out such function at the expense of the ,state or political subdivision4 7,b7 ,all requests described in subparagraph 7,a7 from a bona fide ,state or political subdivision or a bona fide law enforcement agency shall be approved absent a compelling reason4 ,if the ,secretary denies a request described in subparagraph 7,a71 the ,secretary1 not later than #ahj days before finalizing such denial1 shall-- 7i7 submit to ,congress an explanation containing the reasons for denying such request2 and 7ii7 publish such explanation in the ,federal ,register4 7,c7 ,the ,secretary may not place any limit on the number of agreements that may be approved under this subsection4 ,the ,secretary shall process each request for such an agreement as expeditiously as possible and never later than the date that is #ij days after the date on which the request is received4 7,d7 ,in this subsection1 any reference to a political subdivision shall be construed to include any law enforcement or corrections agency of such political subdivision4 2 7#b7 by striking ,attorney ,general each place such term appears and inserting ,secretary2 7#c7 by redesignating paragraphs 7#b7 through 7#aj7 as paragraphs 7#e7 through 7#ac71 respectively2 7#d7 by inserting after paragraph 7#a7 the following3 7#b7 ,an agreement under this subsection shall accommodate a requesting ,state or political subdivision with respect to the enforcement model or combination of models1 and shall accommodate a patrol model1 task force model1 jail model1 any combination thereof1 or any other reasonable model the ,state or political subdivision believes is best suited to the immigration enforcement needs of its jurisdiction4 7#c7 ,no ,federal program or technology directed broadly at identifying inadmissible or deportable aliens shall substitute for such agreements1 including those establishing a jail model1 and shall operate in addition to any agreement under this subsection4 7#d7 7,a7 ,no agreement under this subsection may be terminated absent a compelling reason4 7,b7 7i7 ,the ,secretary shall provide a ,state or political subdivision written notice of intent to terminate at least #ahj days prior to date of intended termination1 and the notice shall fully explain the grounds for termination1 along with providing evidence substantiating the ,secretary's allegations4 7ii7 ,in order to determine whether the requirements of this paragraph have been satisfied1 the ,state or political subdivision shall have the right-- 7,i7 to appeal the decision of the ,secretary to an administrative law judge for a hearing and decision2 or 7,,ii7 to bring a civil action in an appropriate court of jurisdiction4 7,c7 ,the agreement shall remain in full effect during the course of any and all legal proceedings4 2 and 7#e7 in paragraph 7#f71 as redesignated1 by adding at the end the following3 ,the ,secretary of ,homeland ,security shall implement uniform training requirements for law enforcement officers who are1 or will be1 performing a function of an immigration officer authorized under this subsection4 ,the training requirements shall align with ,federal ,law ,enforcement ,training ,center standards for training under this subsection 7as in effect on the date of the enactment of the #bhg7;g7 ,program ,protection ,act744 #c4 ,funding ,section #bhf7r7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7r77 is amended-- 7#a7 in the subsection heading1 by striking ,breached ,bond_/,detention ,fund and inserting ,breached ,bond_/,detention_/#bhg7;g7 ,fund2 7#b7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#c7 in paragraph 7#a71 by striking ,breached ,bond_/,detention and inserting ,breached ,bond_/,detention_/#bhg7;g72 7#d7 in paragraph 7#b71 by striking ,department of ,justice1 and amount described in section #bde7;i77#c77;b7 and inserting ,department of ,homeland ,security1 and the amount described in section #bde7;i77#c77;,b72 and 7#e7 in paragraph 7#c7-- 7,a7 in clause 7i71 by striking 1 and at the end and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 for expenses associated with administering section #bhg7;g74 4 #d4 ,annual performance report and recruitment plan 7a7 ,annual performance report ,not later than ,december #ca of the first fiscal year that begins after the date of the enactment of this ,act1 and not later than ,december #ca of each year thereafter1 the ,secretary of ,homeland ,security shall publish an annual performance report on the program authorized under section #bhg7;g7 of the ,immigration and ,nationality ,act1 as amended by section #b1 which includes-- 7#a7 the number of aliens apprehended and screened by law enforcement through such program2 7#b7 the number of aliens removed from the ,united ,states as a result of the program2 7#c7 the number of aliens described in paragraph 7#a7 who were not removed and an explanation for why they were not removed2 7#d7 the methods being used to conduct oversight of each law enforcement agency participating under the program2 7#e7 the number of law enforcement agencies in compliance with the program's training requirements2 7#f7 the number of complaints filed against law enforcement agencies claiming they did not comply their written agreement entered into under such section2 7#g7 the number of law enforcement agencies that had such written agreement terminated2 and 7#h7 the reasons for such termination4 7b7 ,annual recruitment plan ,not later than ,december #ca of the first fiscal year that begins after the date of the enactment of this ,act1 and not later than ,december #ca of each year thereafter1 the ,secretary of ,homeland ,security shall publish an annual recruitment plan with respect to the program authorized under section #bhg7;g7 of the ,immigration and ,nationality ,act1 as amended by section #b1 which includes-- 7#a7 annual goals for the following #e years with respect to the recruitment of new ,states and political subdivisions of ,states to participate in the program2 7#b7 the number of new ,states and political subdivisions of ,states participating in the program during each year2 7#c7 a description of the outreach to ,states and political subdivisions of ,states conducted for the program and the other methods used to achieve recruitment goals2 and 7#d7 the number of requests for agreements that-- 7,a7 were received during the reporting period2 7,b7 were approved during the reporting period2 7,c7 were denied during the reporting period2 or 7,d7 are pending approval as of the last day of the reporting period4 #e4 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall publish a notice of rulemaking with respect to the training requirements under section #bhg7;g77#f7 of the ,immigration and ,nationality ,act1 as added by section #b7e74