Relating to the Protect America Act of 2015.

SA 2912. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 2874 proposed by Mr. McConnell to the bill H.R. 3762, to
provide for reconciliation pursuant to section 2002 of the concurrent
resolution on the budget for fiscal year 2016; as follows:

At the appropriate place, insert the following:

TITLE __--PROTECT AMERICA ACT OF 2015

SECTION _01. SHORT TITLE.

This title may be cited as the ``Protect America Act of
2015''.

SEC. _02. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY
THE SALE, DELIVERY, OR TRANSFER OF FIREARMS TO
DANGEROUS TERRORISTS; REQUIRING INFORMATION
SHARING REGARDING ATTEMPTED FIREARMS PURCHASES
BY SUSPECTED TERRORISTS; AUTHORIZING THE
INVESTIGATION AND ARREST OF TERRORISTS WHO
ATTEMPT TO PURCHASE FIREARMS.

(a) Short Title.--This section may be cited as the
``Preventing Terrorists From Obtaining Firearms Act of
2015''.
(b) Amendments.--Section 922(t) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) If the Attorney General is notified of a request
to transfer a firearm to a person who is a known or suspected
terrorist, the Attorney General shall--
``(i) as appropriate, take further steps to confirm the
identity of the prospective transferee and confirm or rule
out the suspected nexus to terrorism of the prospective
transferee;
``(ii) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the prospective transferee; and
``(iii) determine whether the prospective transferee is
already the subject of an ongoing terrorism investigation
and, as appropriate, initiate such an investigation.
``(B) Upon being notified of a prospective transfer under
subparagraph (A), the Attorney General or the United States
attorney for the district in which the licensee is located
may--
``(i) delay the transfer of the firearm for a period not to
exceed 72 hours; and
``(ii) file an emergency petition in a court of competent
jurisdiction to prohibit the transfer of the firearm.
``(C)(i) An emergency petition filed under subparagraph
(B)(ii) shall be granted upon a showing of probable cause to
believe that the transferee has committed or will commit an
act of terrorism.
``(ii) In the case of an emergency petition filed under
subparagraph (B)(ii) to prohibit the transfer of a firearm,
the petition may only be granted after a hearing--
``(I) of which the transferee receives actual notice; and
``(II) at which the transferee has an opportunity to
participate with counsel.
``(D) The Attorney General may arrest and detain any
transferee with respect to whom an emergency petition is
granted under subparagraph (C).
``(E) For purposes of this paragraph--
``(i) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in
conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support or
resources for terrorism;
``(ii) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(iii) the term `terrorism' includes international
terrorism and domestic terrorism, as defined in section
2331.''.

SEC. _03. STOP SANCTUARY POLICIES AND PROTECT AMERICANS.

(a) Short Title.--This section may be cited as the ``Stop
Sanctuary Policies and Protect Americans Act''.
(b) Sanctuary Jurisdiction Defined.--In this section, the
term ``sanctuary jurisdiction'' means any State or political
subdivision of a State, including any law enforcement entity
of a State or of a political subdivision of a State, that--
(1) has in effect a statute, ordinance, policy, or practice
that is in violation of subsection (a) or (b) of section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
(2) has in effect a statute, ordinance, policy, or practice
that prohibits any government entity or official from
complying with a detainer that has been lawfully issued or a
request to notify about the release of an alien that has been
made by the Department of Homeland Security in accordance
with section 236 and 287 of the Immigration and Nationality
Act (8 U.S.C. 1226 and 1357) and section 287.7 of title 8,
Code of Federal Regulations.
(c) Limitation on Grants to Sanctuary Jurisdictions.--
(1) Ineligibility for grants.--
(A) Law enforcement grants.--
(i) SCAAP grants.--A sanctuary jurisdiction shall not be
eligible to receive funds pursuant to the State Criminal
Alien Assistance Program under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)).
(ii) Cops grants.--No law enforcement entity of a State or
of a political subdivision of a State that has a departmental
policy or practice that renders it a sanctuary jurisdiction,
and such a policy or practice is not required by statute,
ordinance, or other codified law, or by order of a chief
executive officer of the jurisdiction, or the executive or
legislative board of the jurisdiction, shall be eligible to
receive funds directly or indirectly under the `Cops on the
Beat' program under part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.).
(iii) Enforcement.--The Attorney General, in consultation
with the Secretary of Homeland Security, shall terminate the
funding described in subparagraphs (A) and (B) to a State or
political subdivision of a State on the date that is 30 days
after the date on which a notification described in
subsection (d)(2) is made to the State or subdivision, unless
the Secretary of Homeland Security, in consultation with the
Attorney General, determines the State or subdivision is no
longer a sanctuary jurisdiction.
(B) Community development block grants.--
(i) In general.--Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--

(I) in section 102 (42 U.S.C. 5302), by adding at the end
the following:

``(25) The term `sanctuary jurisdiction' means any State or
unit of general local government that--
``(A) has in effect a statute, ordinance, policy, or
practice that is in violation of subsection (a) or (b) of
section 642 of the Illegal

[[Page S8404]]

Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373); or
``(B) has in effect a statute, ordinance, policy, or
practice that prohibits any government entity or official
from complying with a detainer that has been lawfully issued
or a request to notify about the release of an alien that has
been made by the Department of Homeland Security in
accordance with section 236 and 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 and 1357) and section 287.7 of
title 8, Code of Federal Regulations.''; and

(II) in section 104 (42 U.S.C. 5304)--

(aa) in subsection (b)--
(AA) in paragraph (5), by striking ``and'' at the end;
(BB) by redesignating paragraph (6) as paragraph (7); and
(CC) 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
(bb) by adding at the end the following:
``(n) Protection of Individuals Against Criminal Aliens.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended to 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 the State receives amounts under this
title, the Secretary--
``(i) shall direct the State to immediately return to the
Secretary any such amounts that have not been obligated by
the State as of the date on which the State became a
sanctuary jurisdiction; and
``(ii) may use any returned amounts under clause (i) to
make grants to other States that are not sanctuary
jurisdictions in accordance with this title.
``(B) Unit of general local government.--If a unit of
general local government is a sanctuary jurisdiction during
the period for which the unit of general local government
receives amounts under this title, any such amounts that have
not been obligated by the unit of general local government as
of the date on which the unit of general local government
became a sanctuary jurisdiction--
``(i) in the case of a unit of general local government
that is not in a nonentitlement area, shall be returned to
the Secretary to make grants to States and other units of
general local government that are not sanctuary jurisdictions
in accordance with this title; 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 to make grants to other units of
general local government that are not sanctuary jurisdictions
in accordance with this title.
``(o) Enforcement Against Funding for Sanctuary
Jurisdictions.--
``(1) In general.--The Secretary shall verify, on a
quarterly basis, the determination of the Secretary of
Homeland Security and the Attorney General as to whether a
State or unit of general local government is a sanctuary
jurisdiction and therefore ineligible to receive a grant
under this title for purposes of subsections (b)(6) and (n).
``(2) Notification.--If the Secretary verifies that a State
or unit of general local government is determined to be a
sanctuary jurisdiction under paragraph (1), the Secretary
shall notify the State or unit of general local government
that it is ineligible to receive a grant under this title.''.
(ii) Effective date.--The amendments made by clause (i)
shall only apply with respect to community development block
grants made under title I of the Housing and Community
Development Act (42 U.S.C. 5301 et seq.) after the date of
the enactment of this Act.
(2) Allocation.--Any funds that are not allocated to a
State or political subdivision of a State pursuant to
paragraph (1) and the amendments made by paragraph (1) shall
be allocated to States and political subdivisions of States
that are not sanctuary jurisdictions.
(3) Notification of congress.--Not later than 5 days after
a determination is made pursuant to paragraph (1) to
terminate a grant or to refuse to award a grant, the
Secretary of Homeland Security shall submit to the Committee
on Appropriations and the Committee on the Judiciary of the
Senate and the Committee on Appropriations and the Committee
on the Judiciary of the House of Representatives a report
that fully describes the circumstances and basis for the
termination or refusal.
(4) Transparency and accountability.--Not later than 60
days after the date of the enactment of this Act, and
quarterly thereafter, the Secretary of Homeland Security and
the Attorney General shall--
(A) determine the States and political subdivisions of
States that are sanctuary jurisdictions;
(B) notify each such State or subdivision that it is
determined to be a sanctuary jurisdiction; and
(C) publish on the website of the Department of Homeland
Security and of the Department of Justice--
(i) a list of each sanctuary jurisdiction;
(ii) the total number of detainers and requests for
notification of the release of any alien that has been issued
or made to each State or political subdivision of a State;
and
(iii) the number of such detainers and requests for
notification that have been ignored or otherwise not honored,
including the name of the jurisdiction in which each such
detainer or request for notification was issued or made.
(5) Construction.--Nothing in this subsection may be
construed to require law enforcement officials of a State or
a political subdivision of a State to provide the Secretary
of Homeland Security with information related to a victim or
a witness to a criminal offense.
(d) State and Local Government and Individual Compliance
With Detainers.--
(1) Authority to carry out detainers.--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)--
(A) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(B) shall have the authority available to employees of the
Department of Homeland Security with regard to actions taken
to comply with the detainer.
(2) Liability.--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)--
(A) no liability shall lie against the State or political
subdivision for actions taken in compliance with the
detainer;
(B) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(i) the officer, employee, or agent shall be deemed to be
an employee of the Federal Government and an investigative or
law enforcement officer and 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;
(ii) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(iii) the United States shall be substituted as defendant
in the proceeding.
(3) Construction.--Nothing in this section may be
construed--
(A) to provide immunity to any person who knowingly
violates the civil or constitutional rights of an individual;
or
(B) to limit the application of the doctrine of official
immunity or of qualified immunity in a civil action brought
against a law enforcement officer acting 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).
(e) Increased Penalties for Reentry of Removed Alien.--
Section 276 of the Immigration and Nationality Act (8 U.S.C.
1326) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to subsections (b) and (c), any
alien who--
``(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any
time found in, the United States, unless--
``(A) prior to the alien's reembarkation at a place outside
the United States or the alien's application for admission
from foreign contiguous territory, the Secretary of Homeland
Security has expressly consented to such alien's reapplying
for admission; or
``(B) with respect to an alien previously denied admission
and removed, such alien shall establish that the alien was
not required to obtain such advance consent under this Act or
any prior Act;
shall be fined under title 18, United States Code, or
imprisoned not more than five years, or both.
``(b) Criminal Penalties for Reentry of Certain Removed
Aliens.--
``(1) In general.--Notwithstanding the penalty provided in
subsection (a), and except as provided in subsection (c), an
alien described in subsection (a)--
``(A) who was convicted before such removal or departure of
three or more misdemeanors involving drugs, crimes against
the person, or both, or a felony (other than an aggravated
felony), shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both;
``(B) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or who has been removed from the United
States pursuant to the provisions of title V, and who
thereafter, without the permission of the Secretary of
Homeland Security, enters the United States, or attempts to
do so, shall be fined under title 18, United States Code, and
imprisoned for a period of 10 years, which sentence shall not
run concurrently with any other sentence;

[[Page S8405]]

``(C) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Secretary of Homeland Security, enters, attempts to
enter, or is at any time found in, the United States (unless
the Secretary of Homeland Security has expressly consented to
such alien's reentry) shall be fined under title 18, United
States Code, imprisoned for not more than 10 years, or both;
and
``(D) who has been denied admission, excluded, deported, or
removed 3 or more times and thereafter enters, attempts to
enter, crosses the border to, attempts to cross the border
to, or is at any time found in the United States, shall be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(2) Removal defined.--In this subsection and subsection
(c), the term `removal' includes any agreement in which an
alien stipulates to removal during (or not during) a criminal
trial under either Federal or State law.
``(c) Mandatory Minimum Criminal Penalty for Reentry of
Certain Removed Aliens.--Notwithstanding the penalties
provided in subsections (a) and (b), an alien described in
subsection (a)--
``(1) who was convicted before such removal or departure of
an aggravated felony; or
``(2) who was convicted at least two times before such
removal or departure of illegal reentry under this section;
shall be imprisoned not less than five years and not more
than 20 years, and may, in addition, be fined under title 18,
United States Code.''; and
(3) in subsection (d), as redesignated by paragraph (1)--
(A) by striking ``section 242(h)(2)'' and inserting
``section 241(a)(4)''; and
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(f) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is held invalid for any reason, the remainder of this
section, and the application of such provision to other
persons not similarly situated or to other circumstances,
shall not be affected by such invalidation.
______