[Congressional Record Volume 154, Number 119 (Monday, July 21, 2008)]
[Senate]
[Pages S6974-S6976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mrs. Hutchison, Mr. Domenici, and 
        Mr. Cornyn):
  S. 3293. A bill to provide financial aid to local law enforcement 
officials along the Nation's borders, and for other purposes; to the 
Committee on the Judiciary.
  Mr. BINGAMAN. Mr. President, today I am introducing an important 
measure that will provide local, State, and Tribal law enforcement 
agencies along our Nation's borders with critical assistance in 
addressing border-related criminal activity. I am pleased that Senators 
Hutchison and Domenici are joining me in introducing this bipartisan 
legislation.
  By virtue of their proximity to an international border, law 
enforcement agencies operating along the border face a variety of 
unique challenges. Criminal enterprises are able take advantage of 
weaknesses in security to traffic drugs and other illicit contraband 
into the country, as well as smuggle weapons and stolen vehicles out of 
the country. This creates a nexus of criminal activity that requires 
substantial resources to address.
  While Congress has dramatically increased funding to hire additional 
Border Patrol agents and to build tactical infrastructure--such as 
surveillance cameras and barriers--we haven't done enough in terms of 
helping local law enforcement. The reality is that although we are 
making some progress in securing the borders, local law enforcement 
agencies still have to pick up

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much of the burden in tackling the criminal activity throughout the 
region.
  Many of these police departments are ill-suited to cover these costs 
without financial assistance. Many are responsible for large, rural 
areas of land and lack the personnel and equipment to adequately patrol 
these areas. If we are going to be successful in bringing real security 
to the border region, we need to have Federal, State, and local law 
enforcement agencies doing their respective parts to fight criminal 
activity. But to do this, we also need to ensure that local law 
enforcement have the resources necessary to play a constructive role, 
and to recognize the substantial costs they are incurring.
  The Border Law Enforcement Relief Act of 2008 would do just that.
  Specifically, the legislation would: establish a new competitive 
grant program within the Department of Justice to assist local law 
enforcement operating within 100 miles of the U.S. borders with Mexico 
and Canada; authorize the Attorney General to designate areas outside 
of the 100-mile limit as ``High Impact Areas'' to permit additional 
police departments impacted by border-related criminal activity, such 
as drug smuggling, to access grant funding; and authorize $100 million 
each year for the next 5 years to implement this program.
  Let me also be clear about what this legislation would not do. It 
does not confer local law enforcement with authority to enforce Federal 
immigration law. The purpose of this bill is to help these agencies 
cover some of the costs they incur in addressing border-related 
criminal activity, not to shift another burden to them.
  The U.S.-Mexico border region is a vibrant area, economically and 
culturally. International trade with our southern neighbor continues to 
increase and communities on both sides of the border maintain strong 
ties. Unfortunately, over the last year and a half we have seen a 
dramatic increase in the level of violence in Mexico as the government 
steps up efforts to tackle drug cartels--over 4,000 people have been 
killed. This violence has had a negative impact on both sides of the 
border, and Congress recently provided $400 million in assistance for 
Mexican law enforcement to address this problem. But we also need to be 
aware of the fact that local law enforcement within the United States 
also need additional resources to prevent this violence from spreading 
and to fight these drug gangs in a comprehensive manner.
  I strongly believe this legislation will provide this essential 
assistance and I hope my colleagues will support this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3293

       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 ``Border Law Enforcement 
     Relief Act of 2008''.

     SEC. 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 subsection on a competitive basis.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) 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 certified 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 2009 through 2013 
     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 areas designated as High Impact Areas under 
     subsection (d)(2).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other tribal, State, and local public funds 
     obligated for the purposes provided under this title.

     SEC. 3. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

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

  Mrs. HUTCHISON. Mr. President, I rise today to introduce the Border 
Law Enforcement Relief Act of 2008.
  This legislation will address one of the most serious threats facing 
our communities--drug trafficking. The magnitude of narcotics 
trafficking along the U.S.-Mexico border is staggering.
  According to the U.S. State Department, in 2007 alone, Mexico, with 
close cooperation from U.S. and regional law enforcement, confiscated 
48.5 metric tons of cocaine, 2,171 metric tons of marijuana, and 25.7 
tons of precursor chemicals for methamphetamines.
  On the American side of the border, in fiscal year 2007, on a typical 
day, U.S. Customs and Border Protection confiscated 2,250 pounds of 
narcotics in 69 seizures at ports of entry and 5,138 pounds of 
narcotics in 29 seizures between ports of entry and conducted 70 
criminal arrests.
  While new funding for the Merida Initiative in the Supplemental 
Appropriations bill will help the Mexican government attack the 
problem, the funding is currently unbalanced, as it does not address 
the U.S. side of the border and the battle that our hometown law 
enforcement officials are waging against the exact same threat.
  We should not fail to recognize that the narco-terrorists in Mexico 
have grown increasingly violent, killing 300 policemen last year and 
the head of the Mexican federal police force in May.
  However, the violence is not confined to Mexico. In 2007, a 
councilman from Acuna was killed on U.S. soil in Del Rio, TX, and seven 
border patrol agents were killed on the frontlines. Two agents have 
been killed so far this year. The total number of assaults against 
officers has increased from 335 in 2001 to 987 in 2007. We must take a 
balanced approach to this growing problem, which is why I am 
introducing the Border Law Enforcement Relief Act today.
  This bill would create a grant program to help certain local law 
enforcement agencies obtain equipment, upgrade technology, hire 
additional personnel and cover transportation costs associated with 
criminal activity along the border. Both northern and southern border 
law enforcement agencies would be eligible, as well as counties that 
the

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Attorney General designates as ``High Impact Areas'' for drug 
trafficking.
  While we have taken steps to provide our Federal officials with 
necessary resources, we have not done enough to sufficiently arm our 
local law enforcement officials with the equipment and resources they 
need to address an increasingly sophisticated and lethal enemy.
  Our local law enforcement across the country serve as a front-line 
defense, and Congress must ensure they have the necessary resources to 
stay ahead of the cartels and protect our communities from narcotics 
trafficking and associated violence.
  I ask my colleagues to signal their support for our local law 
enforcement in their fight against narco-terrorism by supporting this 
legislation.
                                 ______