; and (2) title I of the Housing and Community Development Act of 1974. (c) Custody of aliens (1) Transfer of custody of aliens pending removal proceedings The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a sanctuary jurisdiction, regardless of whether the sanctuary jurisdiction has issued a writ or warrant. (2) Transfer of custody of certain aliens prohibited The Secretary shall not transfer an alien with a final order of removal pursuant to paragraph (1)(A) or (5) of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) to a sanctuary jurisdiction. (3) Annual determination The Secretary shall determine for each calendar year which States or political subdivision of States are sanctuary jurisdictions and shall report such determinations to Congress by March 1 of each succeeding calendar year. (4) Reports The Secretary of Homeland Security shall issue a report concerning a particular sanctuary jurisdiction at the request of the House or the Senate Judiciary Committee. Any sanctuary jurisdiction shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year, and shall only become eligible again after the Secretary of Homeland Security certifies that the jurisdiction is not a sanctuary jurisdiction. (d) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. 4. Definition For purposes of this Act, the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual