(A) To conduct law enforcement operations 
in the interior areas of their counties on and 
adjacent to the southern international border of 
the United States in order to enforce criminal 
laws, prevent and punish criminal activity, and 
protect the lives, property, and security of the 
people within the jurisdiction of the Sheriff. 
(B) To transfer aliens detained or in the 
custody of the Sheriff who are not lawfully 
present in the United States to appropriate 
Federal law enforcement officials. 
(C) To enforce State and Federal laws re-
lating to controlled substance trafficking and 
enforce other State and Federal criminal laws 
(other than Federal immigration laws, except as 
provided pursuant to a written agreement en-
tered into with the Secretary of Homeland Se-
curity relating to the investigation, apprehen-
sion, or detention of aliens in the United States 
(including the transportation of such aliens 
across State lines to detention centers) under 
section 287(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1357(g))) in interior areas 
of their counties on and adjacent to the south-
ern international border of the United States.
(2) PAYMENT
OF
COSTS.—Payment of costs 
under paragraph (1) shall include payment— 
(A) for costs of equipping, training, and 
otherwise controlling the operation and deploy-
ment of Sheriffs, deputy Sheriffs, reserve dep-
uty Sheriffs, officers, and corrections officers, 
as well as the costs of paying overtime to such 
officials engaged in duties relating to activities 
authorized by this Act or necessary to protect 
the lives, safety, and property of persons in 
their counties; and 
(B) for costs of detaining, housing, and 
transporting aliens who are not lawfully present 
in the United States or who have unlawfully en-
tered the United States at a location other than 
a port of entry and who are taken into custody 
by the Sheriff. 
(3) LIMITATION
TO
FUTURE
COSTS.—In no 
case shall payment be made under this section for 
costs incurred before the date of the enactment of 
this Act. 
(4) ADVANCE PAYMENT OF COSTS.—The Attor-
ney General shall make an advance payment under 
this section upon a certification of anticipated costs 
for which payment may be made under this section,
but in no case shall such an advance payment cover 
a period of costs of longer than 3 months. 
(d) DESIGNATED COUNTY LAW ENFORCEMENT AC-
COUNT.— 
(1) SEPARATE
ACCOUNT.—Reimbursement or 
pre-payment under subsection (c) shall be made 
promptly from funds deposited into a separate ac-
count in the Treasury of the United States to be en-
titled the ‘‘Designated County Law Enforcement Ac-
count’’. 
(2) AVAILABILITY OF FUNDS.—All deposits into 
the Designated County Law Enforcement Account 
shall remain available until expended to the Attorney 
General to carry out the provisions of this Act. 
(3) PROMPTLY DEFINED.—For purposes of this 
Act, the term ‘‘promptly’’ means within 60 days. 
(e) FUNDS FOR THE DESIGNATED COUNTY LAW EN-
FORCEMENT ACCOUNT.—Only funds designated, author-
ized, or appropriated by Congress may be deposited or 
transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Ac-
count is authorized to receive up to $100 million per year. 
(f) USE OF FUNDS.— 
(1) IN GENERAL.—Funds provided under this 
section shall be payable directly to participating
Sheriff’s offices and may be used for the duties and 
functions described in subsection (c)(1), including 
the costs of personnel (such as overtime pay and 
costs for reserve deputies), costs of training of such 
personnel, equipment, and, subject to paragraph (2), 
the construction, maintenance, and operation of de-
tention facilities to detain aliens who are unlawfully 
present in the United States. For purposes of this 
Act, an alien who is unlawfully present in the United 
States shall be deemed to be a Federal prisoner be-
ginning upon determination by Federal law enforce-
ment officials that such alien is unlawfully present 
in the United States, and such alien shall, upon such 
determination, be deemed to be in Federal custody. 
In order for costs to be eligible for payment, the 
Sheriff making such application shall personally cer-
tify under oath that all costs submitted in the appli-
cation for reimbursement or advance payment meet 
the requirements of this section and are reasonable 
and necessary, and such certification shall be subject 
to all State and Federal laws governing statements 
made under oath, including the penalties of perjury, 
removal from office, and prosecution under State 
and Federal law.
(2) LIMITATION.—Not more than 20 percent of 
the amount of funds provided under this section may 
be used for the construction or renovation of deten-
tion or similar facilities. 
(g) DISPOSITION
AND DELIVERY
OF DETAINED 
ALIENS.—All aliens detained or taken into custody by a 
Sheriff under this Act and with respect to whom Federal 
law enforcement officials determine are unlawfully present 
in the United States, shall be immediately delivered to 
Federal law enforcement officials. In accordance with sub-
section (f)(1), an alien who is in the custody of a Sheriff 
shall be deemed to be a Federal prisoner and in Federal 
custody. 
SEC. 4. REGULATIONS; EFFECTIVE DATE; AUDIT; SUPPLE-
MENTAL FUNDING. 
(a) REGULATIONS.—The Attorney General and the 
Secretary of Homeland Security shall jointly issue, on an 
interim final basis, regulations not later than 60 days 
after the date of the enactment of this Act— 
(1) governing the distribution of funds under 
this Act for all reasonable and necessary costs and 
other expenses incurred or proposed to be incurred 
by a Sheriff or coalition or group of Sheriffs under 
this Act; and
(2) providing uniform standards that all other 
Federal law enforcement officials shall follow to co-
operate with such Sheriffs and to otherwise imple-
ment the requirements of this Act. 
(b) EFFECTIVE DATE.—The provisions of this Act 
shall take effect on its enactment. The promulgation of 
any regulations under subsection (a) is not a necessary 
precondition to the immediate deployment or work of 
Sheriffs personnel or corrections officers as authorized by 
this Act. Any reasonable and necessary expenses or costs 
authorized by this Act and incurred by such Sheriffs after 
the date of the enactment of this Act but prior to the date 
of the promulgation of such regulations are eligible for re-
imbursement under the terms and conditions of this Act. 
(c) AUDIT.—All funds paid out under this Act are 
subject to audit by the Inspector General of the Depart-
ment of Justice and abuse or misuse of such funds shall 
be vigorously investigated and prosecuted to the full extent 
of Federal law. 
(d) SUPPLEMENTAL FUNDING.—All funds paid out 
under this Act must supplement, and may not supplant, 
State or local funds used for the same or similar purposes. 
Æ