[Congressional Record Volume 153, Number 119 (Tuesday, July 24, 2007)]
[Senate]
[Pages S9823-S9824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S9823]]
  DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008--Continued


                           Amendment No. 2384

  Mrs. MURRAY. Mr. President, the Senate is currently considering the 
Homeland Security appropriations bill. Earlier, the Senator from 
Louisiana offered amendment No. 2384. I am concerned that the amendment 
is being offered to an appropriations bill. That amendment is clearly 
authorizing on an appropriations bill. Notwithstanding any other 
provision of the law, it is my understanding that the Homeland Security 
and Governmental Affairs Committee objects to that amendment. 
Therefore, I raise a point of order under rule XVI.
  The PRESIDING OFFICER. The point of order is sustained, and the 
amendment falls.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 2388 to Amendment No. 2383

  Mr. BINGAMAN. Mr. President, I call up Senate amendment No. 2388 and 
ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself and 
     Mr. Domenici, Mrs. Hutchison, and Mr. Cornyn, proposes an 
     amendment numbered 2388 to amendment No. 2383.

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To provide financial aid to local law enforcement officials 
          along the Nation's borders, and for other purposes)

       At the end of the bill, insert the following:

              TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2007''.

     SEC. 602. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, 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 impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2008 through 2012.
       (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 any lack of security along the 
     United States border 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 
     $50,000,000 for each of fiscal years 2008 through 2012 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 title.

     SEC. 603. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

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

  Mr. BINGAMAN. Mr. President, this amendment is aimed at providing 
needed assistance to law enforcement agencies to address the problem of 
criminal activity along our Nation's borders. The legislation is 
cosponsored by myself, Senator Domenici, Senator Hutchison, and Senator 
Cornyn. It has passed the Senate on two previous occasions, including 
last year as part of the Senate's 2007 Homeland Security Appropriations 
bill.
  Specifically, the amendment establishes a competitive grant program 
within the Department of Homeland Security to help local law 
enforcement that is situated along our borders to cover some of the 
costs they incur as a result of having to deal with illegal 
immigration, with drug trafficking, with stolen vehicles, and with 
other border-related crimes. The amendment authorizes $50 million a 
year to enable law enforcement within 100 miles of the border to hire 
additional personnel and obtain the equipment and cover the overtime 
and transportation costs they incur in these activities. Law 
enforcement outside of this geographic limit that is provided for in 
the amendment would be eligible if the Secretary of Homeland Security 
certified that they were located in a ``High Impact Area.''
  The United States shares 5,525 miles of border with Canada and 1,989 
miles of border with Mexico. Many of the local law enforcement agencies 
that are located along these borders are small, rural departments that 
are charged with patrolling large areas of land with very few officers 
and very limited resources. According to a 2001 study of the U.S.-
Mexico Border Counties Coalition, criminal justice costs associated 
with illegal immigration exceed $89 million each year. Counties along 
the southwest border are some of the poorest in the country and are not 
in a good position to cover these additional costs.
  For far too long, local law enforcement agencies operating along our 
borders have had to incur significant costs due to the inability of 
Government to secure our Nation's borders. It is time that the Federal 
Government recognize that border communities should not have to bear 
this burden alone. For that reason, I urge my colleagues to support 
this amendment.
  I am informed this amendment has been cleared by both sides, and I 
think we are ready to go to a vote on it, unless the managers wish 
additional debate.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. COCHRAN. Mr. President, we have reviewed this amendment. It is as 
the Senator from New Mexico said, a matter that has been before the 
body

[[Page S9824]]

before and has been previously approved. We have no objection to 
proceeding as suggested by the Senator.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 2388) was agreed to.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________