1.This Act may be cited as
the Southern Border Security
Assistance Act
.
2.Findings; sense
of Congress
(a)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)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.
3.In this Act:
(1)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)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.
4.Border Security
Assistance Grants
(a)
(1)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)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)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)
(1)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)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)
(1)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)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)In
distributing grant funds under this subsection, priority shall be given to
high-intensity areas for drug trafficking, smuggling, and border
violence.
5.Additional
district judges for border States
(a)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)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)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)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)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
.
6.Authorization of
appropriations
(a)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)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.