Short title

This Act may be cited as the

Border Law Enforcement Relief Act of 2005

Findings

Congress finds the following: (1)It is the obligation of the Federal Government of the United States to adequately secure the Nation’s borders and prevent the flow of undocumented persons and illegal drugs into the United States. (2)Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States. (3)The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border. (4)Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (5)In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (6)While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes. (7)The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes. (8)Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region.

Border Relief Grant Program

(a)

Grants authorized

(1)

In general

The Secretary is authorized to award grants to an eligible law enforcement agency to provide assistance to such agency to address— (A)criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and (B)the failure of the United States Government to adequately secure its borders. (2)

Duration

Grants may be awarded under this subsection during fiscal years 2006 through 2010. (3)

Competitive basis

The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community— (A)with a population of less than 50,000; and (B)located no more than 100 miles from a United States border with— (i)Canada; or (ii)Mexico. (b)

Use of funds

Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including— (1)to obtain equipment; (2)to hire additional personnel; (3)to upgrade and maintain law enforcement technology; (4)to cover operational costs, including overtime and transportation costs; and (5)such other resources as are available to assist that agency. (c)

Application

(1)

In general

Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2)

Contents

Each application submitted pursuant to paragraph (1) shall— (A)describe the activities for which assistance under this section is sought; and (B)provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. (d)

Definitions

For the purposes of this section: (1)

Eligible law enforcement agency

The term eligible law enforcement agency means a tribal, State, or local law enforcement agency— (A)located in a county no more than 100 miles from a United States border with— (i)Canada; or (ii)Mexico; or (B)located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area. (2)

High Impact Area

The term High Impact Area means any county designated by the Secretary as such, taking into consideration— (A)whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county; (B)the relationship between the failure of the United States to secure its borders and the rise, if any, of criminal activity in that county; and (C)any other unique challenges that local law enforcement face due to a lack of security along the United States border. (3)

Secretary

The term Secretary means the Secretary of the Department of Homeland Security. (e)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated $30,000,000 for each of fiscal years 2006 through 2010 to carry out the provisions of this section. (2)

Division of authorized funds

Of the amounts authorized under paragraph (1)— (A)2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and (B)1/3 shall be set aside for areas designated as a High Impact Area under subsection (d). (f)

Supplement not supplant

Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this Act.

Report requirement

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a written report to Congress describing the costs incurred by State and local law enforcement agencies in connection with— (1)criminal activity related to such agencies' proximity to the United States border with— (A)Canada; or (B)Mexico; and (2)the failure of the Federal Government to secure the borders of the United States.

Enforcement of Federal immigration law

Nothing in this Act shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.