II 

114TH CONGRESS 

1ST SESSION S. 1764 

To prohibit certain Federal funds from being made available to sanctuary 

cities and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2015 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To prohibit certain Federal funds from being made available 

to sanctuary cities and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Citizens Together Act’’ or the ‘‘PACT Act’’. 

6 SEC. 2. LIMITATION ON FEDERAL FUNDS TO SANCTUARY 

7 CITIES. 

8 (a) IN GENERAL.—Section 642 of the Illegal Immi9 gration Reform and Immigrant Responsibility Act of 1996 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 1764 IS

1 (8 U.S.C. 1373) is amended by adding at the end the fol2 lowing: 

3 ‘‘(d) LIMITATION ON FEDERAL FUNDS TO SANC4 TUARY CITIES.— 

5 ‘‘(1) SANCTUARY CITY DEFINED.—In this sec6 tion, the term ‘sanctuary city’ means a State or sub7 division of a State that the Attorney General deter8 mines— 

9 ‘‘(A) has in effect a statute, policy, or 

10 practice that is not in compliance with sub11 section (a) or (b); or 

12 ‘‘(B) does not have a statute, policy, or 

13 practice that requires law enforcement offi14 cers— 

15 ‘‘(i) to notify the U.S. Immigration 

16 and Customs Enforcement if the State or 

17 unit has custody of an alien without lawful 

18 status in the United States and detain the 

19 alien for no more than six hours for no 

20 other purpose than to determine whether 

21 or not U.S. Immigration and Customs En22 forcement will issue a detainer request; 

23 and 

24 ‘‘(ii) to maintain custody of such an 

25 alien for a period of not less than 48 hours 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 1764 IS

1 (excluding Saturdays, Sundays, and holi2 days) if U.S. Immigration and Customs 

3 Enforcement issues a detainer for such 

4 alien. 

5 ‘‘(2) LIMITATION ON GRANTS.—A sanctuary 

6 city shall not be eligible to receive, for a minimum 

7 period of at least 1 year, any funds pursuant to— 

8 ‘‘(A) the Edward Byrne Memorial Justice 

9 Assistance Grant Program established pursuant 

10 to subpart 1 of part E of title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 

12 (42 U.S.C. 3750 et seq.); 

13 ‘‘(B) the ‘Cops’ program under part Q of 

14 title I of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3796dd et seq.); 

16 ‘‘(C) the Urban Area Security Initiative 

17 authorized under section 2003 of the Homeland 

18 Security Act of 2002 (6 U.S.C. 604); 

19 ‘‘(D) the State Homeland Security Grant 

20 Program authorized under section 2004 of the 

21 Homeland Security Act of 2002 (6 U.S.C. 605); 

22 ‘‘(E) the port security grant program au23 thorized under section 70107 of title 46, United 

24 States Code; 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 1764 IS

1 ‘‘(F) the State Criminal Alien Assistance 

2 Program under section 241(i) of the Immigra3 tion and Nationality Act (8 U.S.C. 1231(i)); or 

4 ‘‘(G) any other non-disaster preparedness 

5 grant program administered by the Federal 

6 Emergency Management Agency. 

7 ‘‘(3) TERMINATION OF INELIGIBILITY.—A ju8 risdiction that is found to be a sanctuary city shall 

9 only become eligible to receive funds under a pro10 gram set out under paragraph (1) after the Attorney 

11 General certifies that the jurisdiction is no longer a 

12 sanctuary city.’’. 

13 (b) CLERICAL AMENDMENTS.—Section 642 of the Il14 legal Immigration Reform and Immigrant Responsibility 

15 Act of 1996 (8 U.S.C. 1373) is amended by striking ‘‘Im16 migration and Naturalization Service’’ each place that 

17 term appears and inserting ‘‘Department of Homeland Se18 curity’’. 

19 SEC. 3. TRANSFER OF ALIENS FROM BUREAU OF PRISONS 

20 CUSTODY. 

21 (a) TRANSFER TO U.S. IMMIGRATION AND CUSTOMS

22 ENFORCEMENT.—The Attorney General shall prioritize a 

23 request from the Secretary of Homeland Security to trans24 fer a covered alien to the custody of U.S. Immigration and 

25 Customs Enforcement before a request from the approVerDate Sep 11 2014 04:34 Jul 16, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764

rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 1764 IS

1 priate official of a State or a subdivision of a State to 

2 transfer the covered alien to the custody of such State or 

3 subdivision. 

4 (b) COVERED ALIEN DEFINED.—In this section, the 

5 term ‘‘covered alien’’ means an alien who— 

6 (1) is without lawful status in the United 

7 States; and 

8 (2) is in the custody of the Bureau of Prisons. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS