II 111th CONGRESS 1st Session S. 339 IN THE SENATE OF THE UNITED STATES January 28, 2009 Mr. Bingaman (for himself and Mrs. Hutchison) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide financial aid to local law enforcement officials along the Nation’s borders, and for other purposes.
1.
Short title
This Act may be cited as the Border Law Enforcement Relief Act of 2009.
2.
Border Relief Grant Program
(a)
Grants authorized
(1)
In general
The Attorney General is authorized to award grants to an eligible law enforcement agency to provide assistance to such agency to address border-related criminal activity that occurs in the jurisdiction of such agency. (2)
Competitive basis
The Attorney General shall award grants under this section on a competitive basis. (b)
Use of funds
Grants awarded under this section may only be used to provide additional resources for an eligible law enforcement agency, including resources to— (1)obtain equipment; (2)hire additional personnel; (3)upgrade and maintain law enforcement technology; (4)cover the operational costs, including overtime and transportation costs; and (5)assist that agency in responding to border-related criminal activity. (c)
Application
(1)
In general
Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2)
Contents
Each application submitted under paragraph (1) shall— (A)describe the activities for which assistance under this section is sought; and (B)provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements under this section. (d)
Definitions
In this section: (1)
Eligible law enforcement agency
The term eligible law enforcement agency means a tribal, State, or local law enforcement agency located or performing duties in— (A)a county that is not more than 100 miles from a United States border with— (i)Canada; or (ii)Mexico; or (B)a county that is more than 100 miles from each of the borders described in subparagraph (A), if such county has been designated by the Attorney General as a High Impact Area. (2)
High impact area
The term High Impact Area means any county designated by the Attorney General as a High Impact Area, taking into consideration— (A)whether an eligible law enforcement agency in that county has the resources to protect the lives, property, safety, or welfare of the residents of that county; (B)whether the county has been designated as a “High Intensity Drug Trafficking Area” by the National Drug Control Program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706); (C)the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; and (D)any other unique challenges that eligible law enforcement agencies face due to a lack of security along the United States border. (e)
Authorization of appropriations
(1)
In general
There are authorized to be appropriated $100,000,000 for each of the fiscal years 2010 through 2014 to carry out the provisions of this section. (2)
Allocation of authorized funds
Of the amounts appropriated pursuant to paragraph (1), 33 percent shall be set aside for counties designated by the Attorney General as High Impact Areas. (f)
Supplement not supplant
Amounts appropriated for grants under this section shall be used to supplement and not to supplant other tribal, State, and local public funds obligated for the purposes provided under this Act.
3.
Enforcement of Federal immigration law
Nothing in this Act may be construed to authorize tribal, State, or local law enforcement agencies or officers of such agencies to exercise Federal immigration law enforcement authority.