,,ii #aaith ,,congress #b;d ,session ,s4 #dcaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #af 7legislative day1 ,april #ad71 #bjbf,mr4 ,cornyn 7for himself1 ,mr4 ,budd1 ,mr4 ,barrasso1 ,mr4 ,scott of ,south ,carolina1 ,ms4 ,lummis1 ,mr4 ,cramer1 and ,mr4 ,schmitt7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure that ,state and local law enforcement may cooperate with ,federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,sanctuary ,city ,elimination ,act4 #b4 ,ensuring that local and ,federal law enforcement officers may cooperate to safeguard our communities 7a7 ,authority ,to cooperate with ,federal officials ,a ,state1 a political subdivision of a ,state1 or an officer1 employee1 or agent of such ,state or political subdivision that complies with a detainer issued by the ,department of ,homeland ,security under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7-- 7#a7 shall be deemed to be acting as an agent of the ,department of ,homeland ,security2 and 7#b7 with regard to actions taken to comply with the detainer1 shall have all authority available to officers and employees of the ,department of ,homeland ,security4 7b7 ,legal proceedings ,in any legal proceeding brought against a ,state1 a political subdivision of a ,state1 or an officer1 employee1 or agent of such ,state or political subdivision1 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 #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7-- 7#a7 no liability shall lie against the ,state or political subdivision of a ,state for actions taken in compliance with the detainer2 and 7#b7 if the actions of the officer1 employee1 or agent of the ,state or political subdivision were taken in compliance with the detainer-- 7,a7 the officer1 employee1 or agent shall be deemed-- 7i7 to be an employee of the ,federal ,government and an investigative or law enforcement officer2 and 7ii7 to have been acting within the scope of his or her employment under section #acdf7;b7 and chapter #aga of title #bh1 ,united ,states ,code2 7,b7 section #acdf7;b7 of title #bh1 ,united ,states ,code1 shall provide the exclusive remedy for the plaintiff2 and 7,c7 the ,united ,states shall be substituted as defendant in the proceeding4 7c7 ,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 individual4 #c4 ,sanctuary jurisdiction defined 7a7 ,in general ,except as provided under subsection 7b71 for purposes of this ,act1 the term sanctuary jurisdiction means any ,state or political subdivision of a ,state that has in effect a statute1 ordinance1 policy1 or practice that prohibits or restricts any government entity or official from-- 7#a7 sending1 receiving1 maintaining1 or exchanging with any ,federal1 ,state1 or local government entity information regarding the citizenship or immigration status 7lawful or unlawful7 of any individual2 or 7#b7 complying with a request lawfully made by the ,department of ,homeland ,security under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7 to comply with a detainer for1 or notify about the release of1 an individual4 7b7 ,exception ,a ,state or political subdivision of a ,state shall not be deemed a sanctuary jurisdiction based solely on it having a policy whereby its officials will not share information regarding1 or comply with a request made by the ,department of ,homeland ,security under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7 to comply with a detainer regarding1 an individual who comes forward as a victim or a witness to a criminal offense4 #d4 ,sanctuary jurisdictions ineligible for certain ,federal funds 7a7 ,education grants 7#a7 ,national foundation on the arts and humanities grants ,section #g7;f7 of the ,national ,foundation on the ,arts and the ,humanities ,act of #aife 7#bj ,u4,s4,c4 #ief7;f77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,the ,chairperson and inserting the following3 7#a7 ,except as provided in subparagraph 7,b71 the ,chairperson 2 7,b7 by adding at the end the following3 7,b7 7i7 ,no application for a grant under this subsection may be approved unless the plan accompanying the application satisfies the requirements specified in this subsection4 7ii7 ,the ,chairperson is not authorized to establish any grants-in-aid or allocate any ,federal financial assistance or related ,federal funding to a ,state or political subdivision of a ,state that is a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7iii7 ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,chairperson or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,chairperson to withhold from such ,state any grant funding authorized under this section4 2 7,c7 in paragraph 7#b77;,a71 by striking the undesignated matter at the end2 and 7,d7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting ,no application may be approved by the ,chairperson unless the accompanying plan satisfies the requirements specified in this subsection4 after by the ,chairperson42 and 7ii7 by striking the undesignated matter at the end4 7#b7 ,national environmental education grants ,section #f7;i7 of the ,national ,environmental ,education ,act 7#bj ,u4,s4,c4 #eeje7;i77 is amended-- 7,a7 by striking ,grants and inserting the following3 7#a7 ,maximum amount ,grants 2 7,b7 by striking ,in addition1 #be percent and inserting the following3 7#b7 ,set aside for small grants ,not less than #be percent 2 and 7,c7 by adding at the end the following3 7#c7 ,ineligibility of sanctuary jurisdictions ,the ,administrator shall not provide any financial assistance under this section to any sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7#d7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,administrator or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,administrator to withhold from such ,state any financial assistance authorized under this section4 4 7#c7 ,elementary and secondary education grants ,section #ajjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcjb7 is amended-- 7,a7 by redesignating subsection 7f7 as subsection 7h72 and 7,b7 by inserting after subsection 7e7 the following3 7f7 ,ineligibility for grants ,no appropriations authorized under this section for ,state and local educational agencies1 education programs1 or education services or assistance may be allocated as grants to any ,state or any political subdivision of a ,state that is a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7g7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state any funding appropriated pursuant to this section4 4 7#d7 ,higher education stem training grant program ,section #eec of the ,america ,,competes ,reauthorization ,act of #bjaj 7#bj ,u4,s4,c4 #iijc7 is amended by adding at the end the following3 7h7 ,ineligibility for grants ,an institution of higher education located within a ,state or political subdivision of a ,state that is a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act7 is not eligible to receive a grant under this section4 7i7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,director or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,director to withhold from such ,state any grant funding authorized under this section4 4 7#e7 ,state fiscal stabilization education grants ,section #adjja of the ,american ,recovery and ,reinvestment ,act of #bjji 7#bj ,u4,s4,c4 #ajjja7 is amended by adding at the end the following3 7g7 ,ineligibility for grants ,the ,secretary of ,education shall not allocate any funds appropriated to carry out this title to any ,state or political subdivision of a ,state that is a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7h7 ,enforcement by the attorney general of a state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state any grant funding allocated under this title4 4 7b7 ,grants for pollution research and pollution control programs ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended-- 7#a7 in section #ajd 7#cc ,u4,s4,c4 #abed71 by adding at the end the following3 7x7 ,ineligibility of sanctuary jurisdictions 7#a7 ,in general ,the ,administrator shall not make any grant under this section to any sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7#b7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,administrator or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,administrator to withhold from such ,state any grant funding authorized under this section4 2 and 7#b7 in section #ajf 7#cc ,u4,s4,c4 #abef71 by-- 7,a7 in subsection 7d7-- 7i7 by striking ,no grant and inserting the following3 7#a7 ,in general ,no grant 2 and 7ii7 by adding at the end the following3 7#b7 ,ineligibility of sanctuary jurisdictions ,the ,administrator shall not allot any funds appropriated pursuant to this section to any sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 2 and 7,b7 adding at the end the following3 7h7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,administrator or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,administrator to withhold from such ,state any allotment authorized under this section4 4 7c7 ,economic ,development ,administration grants 7#a7 ,grants for public works and economic development ,section #bja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cada7;b77 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#d7 the area in which the project is to be carried out is not a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 2 and 7,b7 by adding at the end the following3 7e7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state the grant funding authorized under this section4 4 7#b7 ,grants for planning and administrative expenses ,section #bjc7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadc7;a77 is amended to read as follows3 7a7 ,in general 7#a7 ,grants authorized ,on the application of an eligible recipient1 the ,secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out such planning4 7#b7 ,ineligible recipients ,no ,state or political subdivision of a ,state shall be deemed an eligible recipient for purposes of grant funding under this section if it is a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7#c7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state the grant funding authorized under this section4 4 7#c7 ,supplementary grants ,section #bje of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cade7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c77;,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#d7 will be carried out in a ,state that does not contain a sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 4 7,b7 by adding at the end the following3 7d7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state the supplementary grant funding authorized under this section4 4 7#d7 ,grants for training1 research1 and technical assistance ,section #bjg of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadg7 is amended by adding at the end the following3 7d7 ,ineligibility of sanctuary jurisdictions ,grant funds authorized under this section may not be used to provide assistance to any sanctuary jurisdiction 7as defined in section #c of the ,sanctuary ,city ,elimination ,act74 7e7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state the grant funding authorized under this section4 4 7d7 ,community ,development ,block ,grants ,title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 is amended-- 7#a7 in section #ajb7;a7 7#db ,u4,s4,c4 #ecjb7;a771 by adding at the end the following3 7#be7 ,the term sanctuary jurisdiction has the meaning given such term in section #c of the ,sanctuary ,city ,elimination ,act4 2 7#b7 in section #ajd7;b7 7#db ,u4,s4,c4 #ecjd7;b77-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 if the grantee is a ,state1 a political subdivision of a ,state1 or a unit of general local government1 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 title2 and 2 and 7#c7 in section #ajf 7#db ,u4,s4,c4 #ecjf71 by adding at the end the following3 7g7 ,protection of individuals against crime 7#a7 ,in general ,no funds authorized to be appropriated to carry out this title may be obligated or expended for any ,state1 political subdivision of a ,state1 or unit of general local government that is a sanctuary jurisdiction4 7#b7 ,returned amounts 7,a7 ,state ,if a ,state or a political subdivision of a ,state is a sanctuary jurisdiction during the period for which it receives funding under this title1 the ,secretary-- 7i7 shall direct the ,state or political subdivision to immediately return to the ,secretary any such amounts that the ,state or political subdivision received for that period2 and 7ii7 shall reallocate amounts returned under clause 7i7 for grants under this title to other ,states or political subdivisions of such ,states that are not sanctuary jurisdictions4 7,b7 ,unit of general local government ,if a unit of general local government is a sanctuary jurisdiction during the period for which it receives funding under this title1 any such amounts that the unit of general local government received for that period-- 7i7 in the case of a unit of general local government that is not in a nonentitlement area1 shall be returned to the ,secretary for grants under this title to ,states and other units of general local government that are not sanctuary jurisdictions2 and 7ii7 in the case of a unit of general local government that is in a nonentitlement area1 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 jurisdictions4 7,c7 ,reallocation rules ,in reallocating amounts under subparagraphs 7,a7 and 7,b71 the ,secretary-- 7i7 shall apply the relevant allocation formula under subsection 7b71 with all sanctuary jurisdictions excluded2 and 7ii7 shall not be subject to the rules for reallocation under subsection 7c74 7h7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,secretary or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,secretary to withhold from such ,state the funding authorized under this title4 4 7e7 ,brownfields ,utilization1 ,investment1 and ,local ,development ,act of #bjah grant funding ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking ,definition of eligible entity and inserting ,definitions2 7,b7 by redesignating subparagraphs 7,a7 through 7,l7 as subclauses 7,i7 through 7,,xii71 and by moving such clauses #d ems to the right2 7,c7 by striking ,in this subsection1 the term eligible entity means-- and inserting the following3 8,in this subsection3 7,a7 ,eligible entity ,the term eligible entity-- 7i7 means-- 2 and 7,d7 by adding at the end the following3 7ii7 does not include a sanctuary jurisdiction4 7,b7 ,sanctuary jurisdiction ,the term sanctuary jurisdiction has the meaning given such term in section #c of the ,sanctuary ,city ,elimination ,act4 2 7#b7 by redesignating paragraphs 7#ab7 and 7#ac7 as paragraphs 7#ac7 and 7#ad71 respectively2 and 7#c7 by inserting after paragraph 7#aa7 the following3 7#ab7 ,enforcement by the attorney general of a ,state ,if a ,state or a political subdivision of a ,state that is a sanctuary jurisdiction releases an alien from ,state or local custody and such alien subsequently commits any criminal offense 7or admits to committing acts constituting the essential elements of any criminal offense7 against any individual in any other ,state1 the attorney general of the ,state in which such crime occurred shall have standing to bring an action against the ,administrator or the ,state or political subdivision of such ,state that released such alien1 on behalf of the injured party1 in an appropriate district court of the ,united ,states to obtain injunctive relief requiring the ,administrator to withhold from such ,state the grant funding and loans authorized under this subsection4 4