[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3273 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3273

 To establish a program to provide southern border security assistance 
 grants, to authorize the appointment of additional Federal judges in 
       States along the southern border, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2010

 Mr. Cornyn (for himself and Mrs. Hutchison) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a program to provide southern border security assistance 
 grants, to authorize the appointment of additional Federal judges in 
       States along the southern border, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Border Security Assistance 
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States and Mexico have recently experienced 
        a significant increase in violence along the international 
        border between the 2 countries.
            (2) The international border between the United States and 
        Mexico is being used as a gateway for drug cartels and criminal 
        enterprises that are illegally trafficking guns, people, and 
        drugs.
            (3) The partnership between the United States and Mexican 
        governments is critical--
                    (A) to address recent border violence; and
                    (B) to ensure the continued flow of legitimate 
                cross-border commerce, traffic and trade.
            (4) The national security of the United States is 
        paramount.
            (5) While it is the job of the Federal Government to 
        protect national security by securing our Nation's borders, 
        State, local, and tribal law enforcement entities also provide 
        the first line of defense on the border and are critical first 
        responders to national security or public safety threats.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) providing financial assistance for law enforcement 
        initiatives with our Mexican partners is important; and
            (2) in addition to such assistance, Congress must provide 
        immediate resources and equipment to State and local law 
        enforcement entities that are currently responding to border 
        violence and criminal activities on a daily basis.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Law enforcement entity.--The term ``law enforcement 
        entity'' means an entity that--
                    (A) is a State, county, or city agency, a State or 
                local police or sheriff department or association, or a 
                subdivision thereof;
                    (B) operates within 100 miles of the international 
                border between the United States and Mexico; and
                    (C) employs personnel on a full- or part-time basis 
                to engage in the prevention, detection, or 
                investigation of violations of the criminal laws of the 
                United States.
            (2) Southern border region.--The term ``Southern Border 
        Region'' refers to counties that are located--
                    (A) within 100 miles of the international border 
                between the United States and Mexico; and
                    (B) in the States of Arizona, California, New 
                Mexico, and Texas.

SEC. 4. BORDER SECURITY ASSISTANCE GRANTS.

    (a) Authority.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with State and local law enforcement entities, is 
        authorized to award border security assistance grants to law 
        enforcement entities located in the Southern Border Region for 
        the purposes described in subsection (b).
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to law enforcement agencies 
        located in a county that is located within 25 miles of the 
        international border between United States and Mexico.
    (b) Purposes.--To address drug trafficking, smuggling, and border 
violence, a grant awarded under subsection (a) shall be used--
            (1) to obtain law enforcement equipment and tools, 
        including secure 2-way communication devices, portable laptops 
        and office computers, license plate readers, unmanned aerial 
        vehicles, unmanned aircraft systems (UAS), manned aircraft, 
        cameras with night viewing capabilities, and any other 
        appropriate law enforcement equipment;
            (2) to hire additional personnel, including administrative 
        support personnel, dispatchers, and jailers, and to provide 
        overtime funding for such personnel;
            (3) to purchase law enforcement vehicles;
            (4) to provide for high performance aircrafts and 
        helicopters for border surveillance and other critical mission 
        applications and operational and maintenance costs associated 
        with such craft;
            (5) to provide for critical power generation systems, 
        infrastructure, and technological upgrades to support State and 
        local data management systems and fusion centers; or
            (6) to provide for specialized training and for direct 
        operating expenses associated with detecting and prosecuting 
        drug trafficking, human smuggling, and other illegal activity 
        or violence that occurs at or near the international border 
        between the United States and Mexico.
    (c) Application.--
            (1) Requirement.--A law enforcement entity seeking a grant 
        under subsection (a), or a nonprofit organization or coalition 
        acting as an agent for 1 or more such law enforcement entities, 
        shall submit an application to the Secretary that includes the 
        information described in paragraph (2) at such time and in such 
        manner as the Secretary may require.
            (2) Content.--An application submitted under paragraph (1) 
        shall include--
                    (A) a description of the activities to be carried 
                out with a grant awarded under subsection (a);
                    (B) if equipment will be purchased with the grant, 
                a detailed description of the type and quantity of such 
                equipment and of the personnel who will receive such 
                equipment;
                    (C) a description of the need of the law 
                enforcement entity for the grant, including a 
                description of the inability of the entity to carry out 
                the proposed activities without the grant; and
                    (D) an assurance that the entity will, to the 
                extent practicable, seek, recruit, and hire members of 
                racial and ethnic minority groups and women in the 
                entity's law enforcement positions.
    (d) Review and Award.--
            (1) Review.--Not later than 90 days after the date an 
        application submitted under subsection (c) is received by the 
        Secretary, the Secretary shall review and approve or reject the 
        application.
            (2) Award of funds.--Subject to the availability of 
        appropriations, not later than 45 days after the date an 
        application is approved under paragraph (1), the Secretary 
        shall provide the grant funds to the applicant.
            (3) Priority.--In distributing grant funds under this 
        subsection, priority shall be given to high-intensity areas for 
        drug trafficking, smuggling, and border violence.

SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 4 additional district judges for the district of 
        Arizona;
            (2) 4 additional district judges for the central district 
        of California;
            (3) 4 additional district judges for the eastern district 
        of California;
            (4) 2 additional district judges for the northern district 
        of California;
            (5) 1 additional district judge for the district of New 
        Mexico;
            (6) 1 additional district judge for the eastern district of 
        Texas;
            (7) 2 additional district judges for the southern district 
        of Texas; and
            (8) 1 additional district judge for the western district of 
        Texas.
    (b) Temporary Judgeships.--The President shall appoint, by and with 
the advice and consent of the Senate--
            (1) 1 additional district judge for the district of 
        Arizona;
            (2) 1 additional district judge for the central district of 
        California;
            (3) 1 additional district judge for the northern district 
        of California; and
            (4) 1 additional district judge for the district of New 
        Mexico.
    (c) Vacancies.--For each of the judicial districts named in 
subsection (b), the first vacancy arising on the district court at 
least 10 years after a judge is first confirmed to fill the temporary 
district judgeship created in that district pursuant to subsection (b) 
shall not be filled.
    (d) Existing Judgeships.--The existing judgeships for the district 
of Arizona and the district of New Mexico authorized under section 
312(c) of the 21st Century Department of Justice Appropriations 
Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the 
effective date of this Act, shall be authorized under section 133 of 
title 28, United States Code, and the incumbents in those offices shall 
hold the office under section 133 of title 28, United States Code.
    (e) Conforming Amendments.--The table contained in section 133(a) 
of title 28, United States Code, is amended--
            (1) in the item relating to the district of Arizona, by 
        striking ``12'' and inserting ``17'';
            (2) in the item relating to the central district of 
        California, by striking ``27'' and inserting ``31'';
            (3) in the item relating to the eastern district of 
        California, by striking ``6'' and inserting ``10'';
            (4) in the item relating to the northern district of 
        California, by striking ``14'' and inserting ``16'';
            (5) in the item relating to the district of New Mexico, by 
        striking ``6'' and inserting ``8'';
            (6) in the item relating to the eastern district of Texas, 
        by striking ``7'' and inserting ``8'';
            (7) in the item relating to the southern district of Texas, 
        by striking ``19'' and inserting ``21''; and
            (8) in the item relating to the western district of Texas, 
        by striking ``13'' and inserting ``14''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grant Funding.--There is authorized to be appropriated 
$300,000,000 for the 2-year period ending on September 30, 2012, for 
grants issued under section 4.
    (b) Judicial Funding.--There are authorized to be appropriated to 
the Attorney General for each of the fiscal years 2011 through 2013 
such sums as may be necessary to carry out section 5, including the 
hiring of necessary attorney and administrative support staff.
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