To enforce law and order by establishing a program to authorize, fund, and otherwise assist local Sheriffs' offices in designated counties to provide a second line of defense alongside and in close cooperation with the United States Customs Border Protection (CBP) and Immigration and Customs Enforcement, to conduct law enforcement operations in their counties along the southern international border of the United States, and to prevent lawlessness in border areas.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Law Enforcement Act of 
2005''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Federal officials do not have sufficient manpower or 
        resources to prevent criminals, terrorists, and foreign 
        nationals who have entered the United States illegally from 
        engaging in criminal activity. Local and State law enforcement 
        officials are being overwhelmed by growing lawlessness along 
        our southern international border.
            (2) There is a rapidly growing number of armed and 
        dangerous criminals, violent gang members, drug smugglers, and 
        potential terrorists entering the United States illegally over 
        our southern international border. These criminals are becoming 
        increasingly well organized, trained and equipped, and in 
        recent months a trend is developing which indicates that the 
        level of violence and the volume of criminal activity along the 
        Rio Grande is rapidly escalating to the level of open warfare 
        between law enforcement officials and organized criminal narco-
        terrorists.
            (3) Federal and State law enforcement officials have 
        identified an alarming increase in the number of foreign 
        nationals from countries with known connections to terrorist 
        organizations who are hiding among an immense and rapidly 
        growing number of foreign nationals who are entering the United 
        States illegally.
            (4) The United States is at war with terrorist criminal 
        organizations and with individuals from foreign nations who are 
        fanatically committed to the destruction of the United States, 
        who have repeatedly demonstrated their ability and willingness 
        to hide their true identities and their evil purposes, and who 
        may enter and move about the United States illegally and use 
        sneak attacks and any criminal means or method available to 
        them to cause the mass destruction of human life in the United 
        States.
            (5) The peace, security, and well being of the people of 
        the United States are being placed at grave risk by the 
        inability or unwillingness of Federal officials to protect our 
        international borders and prevent individuals from entering and 
        remaining in the United States illegally during our war on 
        terrorists. The lawlessness along our southern international 
        border is unacceptable, and presents a clear and present danger 
        to the nation.

SEC. 3. DESIGNATED COUNTY LAW ENFORCEMENT ASSISTANCE PROGRAM.

    (a) Authority and Statements of Policy.--
            (1) The Congress recognizes that elected State and local 
        law enforcement officials are directly accountable to State and 
        local voters. Therefore, by passage of this Act, Congress 
        reaffirms the residual full sovereign authority of the States 
        to protect the lives, safety, and property of the people within 
        their jurisdiction by preventing and punishing criminal 
        activity, subject only to judicial enforcement of minimum 
        Federal standards of due process and equal protection under the 
        14th Amendment.
            (2) This Act authorizes the Sheriffs in designated counties 
        adjacent to the southern international border area, who are the 
        highest locally elected law enforcement authority in those 
        areas, to coordinate law enforcement operations in support of 
        personnel of United States Customs and Border Protection and 
        Immigration and Customs Enforcement, to conduct law enforcement 
        operations in the interior areas in their counties, including 
        the areas on and adjacent to the international border, to 
        ensure, as determined by Federal law enforcement officials, 
        that individuals detained or taken into custody by the Sheriff 
        are lawfully present in the United States, and to otherwise 
        authorize Sheriffs to assume full and final sovereign authority 
        to enforce criminal laws and to protect the peace, safety, and 
        security of all persons and property in their counties.
            (3) The Congress finds that the rapidly escalating 
        lawlessness on our Nation's southern international border and 
        interior areas adjacent to the international border, and the 
        inability of Federal officials to control this lawlessness, 
        make the provisions of this Act reaffirming full sovereign 
        power to enforce criminal law in State and local officials 
        necessary ``to execute the Laws of the Union'' and ``to insure 
        domestic Tranquility, provide for the common defense'' and to 
        ``promote the general Welfare''. Federal officials are directed 
        to implement, enforce, and carry out vigorously and promptly 
        the intent of Congress as expressed in this Act.
    (b) Establishment of Program.--
            (1) In general.--A Designated County Law Enforcement 
        Assistance program is hereby established jointly within the 
        Department of Justice and the Department of Homeland Security 
        in order to provide immediate and long term financial 
        assistance and authorization for the law enforcement operations 
        of Sheriffs in counties adjacent to the southern international 
        border of the United States.
            (2) Designated counties adjacent to the southern border of 
        the united states defined.--In this Act, the term ``designated 
        counties adjacent to the southern international border of the 
        United States'' includes a county any part of which is within 
        25 miles of the southern international border of the United 
        States.
    (c) Authority.--
            (1) In general.--Any Sheriff or coalition or group of 
        Sheriffs from designated counties adjacent to the southern 
        international border of the United States is authorized to 
        perform the following duties or functions, and shall be 
        promptly paid for the costs of performing such duties or 
        functions by the Attorney General or the Secretary of Homeland 
        Security for any local or State funds previously expended or 
        proposed to be spent by that Sheriff or coalition or group of 
        Sheriffs.
                    (A) To conduct law enforcement operations in the 
                interior areas of their counties on and adjacent to the 
                southern international border of the United States in 
                order to enforce criminal laws, prevent and punish 
                criminal activity, and protect the lives, property, and 
                security of the people within the jurisdiction of the 
                Sheriff.
                    (B) To transfer aliens detained or in the custody 
                of the Sheriff who are not lawfully present in the 
                United States to appropriate Federal law enforcement 
                officials.
                    (C) To enforce State and Federal laws relating to 
                controlled substance trafficking and enforce other 
                State and Federal criminal laws (other than Federal 
                immigration laws, except as provided pursuant to a 
                written agreement entered into with the Secretary of 
                Homeland Security relating to the investigation, 
                apprehension, or detention of aliens in the United 
                States (including the transportation of such aliens 
                across State lines to detention centers) under section 
                287(g) of the Immigration and Nationality Act (8 U.S.C. 
                1357(g))) in interior areas of their counties on and 
                adjacent to the southern international border of the 
                United States.
            (2) Payment of costs.--Payment of costs under paragraph (1) 
        shall include payment--
                    (A) for costs of equipping, training, and otherwise 
                controlling the operation and deployment of Sheriffs, 
                deputy Sheriffs, reserve deputy Sheriffs, officers, and 
                corrections officers, as well as the costs of paying 
                overtime to such officials engaged in duties relating 
                to activities authorized by this Act or necessary to 
                protect the lives, safety, and property of persons in 
                their counties; and
                    (B) for costs of detaining, housing, and 
                transporting aliens who are not lawfully present in the 
                United States or who have unlawfully entered the United 
                States at a location other than a port of entry and who 
                are taken into custody by the Sheriff.
            (3) Limitation to future costs.--In no case shall payment 
        be made under this section for costs incurred before the date 
        of the enactment of this Act.
            (4) Advance payment of costs.--The Attorney General shall 
        make an advance payment under this section upon a certification 
        of anticipated costs for which payment may be made under this 
        section, but in no case shall such an advance payment cover a 
        period of costs of longer than 3 months.
    (d) Designated County Law Enforcement Account.--
            (1) Separate account.--Reimbursement or pre-payment under 
        subsection (c) shall be made promptly from funds deposited into 
        a separate account in the Treasury of the United States to be 
        entitled the ``Designated County Law Enforcement Account''.
            (2) Availability of funds.--All deposits into the 
        Designated County Law Enforcement Account shall remain 
        available until expended to the Attorney General to carry out 
        the provisions of this Act.
            (3) Promptly defined.--For purposes of this Act, the term 
        ``promptly'' means within 60 days.
    (e) Funds for the Designated County Law Enforcement Account.--Only 
funds designated, authorized, or appropriated by Congress may be 
deposited or transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Account is authorized to 
receive up to $100 million per year.
    (f) Use of Funds.--
            (1) In general.--Funds provided under this section shall be 
        payable directly to participating Sheriff's offices and may be 
        used for the duties and functions described in subsection 
        (c)(1), including the costs of personnel (such as overtime pay 
        and costs for reserve deputies), costs of training of such 
        personnel, equipment, and, subject to paragraph (2), the 
        construction, maintenance, and operation of detention 
        facilities to detain aliens who are unlawfully present in the 
        United States. For purposes of this Act, an alien who is 
        unlawfully present in the United States shall be deemed to be a 
        Federal prisoner beginning upon determination by Federal law 
        enforcement officials that such alien is unlawfully present in 
        the United States, and such alien shall, upon such 
        determination, be deemed to be in Federal custody. In order for 
        costs to be eligible for payment, the Sheriff making such 
        application shall personally certify under oath that all costs 
        submitted in the application for reimbursement or advance 
        payment meet the requirements of this section and are 
        reasonable and necessary, and such certification shall be 
        subject to all State and Federal laws governing statements made 
        under oath, including the penalties of perjury, removal from 
        office, and prosecution under State and Federal law.
            (2) Limitation.--Not more than 20 percent of the amount of 
        funds provided under this section may be used for the 
        construction or renovation of detention or similar facilities.
    (g) Disposition and Delivery of Detained Aliens.--All aliens 
detained or taken into custody by a Sheriff under this Act and with 
respect to whom Federal law enforcement officials determine are 
unlawfully present in the United States, shall be immediately delivered 
to Federal law enforcement officials. In accordance with subsection 
(f)(1), an alien who is in the custody of a Sheriff shall be deemed to 
be a Federal prisoner and in Federal custody.

SEC. 4. REGULATIONS; EFFECTIVE DATE; AUDIT; SUPPLEMENTAL FUNDING.

    (a) Regulations.--The Attorney General and the Secretary of 
Homeland Security shall jointly issue, on an interim final basis, 
regulations not later than 60 days after the date of the enactment of 
this Act--
            (1) governing the distribution of funds under this Act for 
        all reasonable and necessary costs and other expenses incurred 
        or proposed to be incurred by a Sheriff or coalition or group 
        of Sheriffs under this Act; and
            (2) providing uniform standards that all other Federal law 
        enforcement officials shall follow to cooperate with such 
        Sheriffs and to otherwise implement the requirements of this 
        Act.
    (b) Effective Date.--The provisions of this Act shall take effect 
on its enactment. The promulgation of any regulations under subsection 
(a) is not a necessary precondition to the immediate deployment or work 
of Sheriffs personnel or corrections officers as authorized by this 
Act. Any reasonable and necessary expenses or costs authorized by this 
Act and incurred by such Sheriffs after the date of the enactment of 
this Act but prior to the date of the promulgation of such regulations 
are eligible for reimbursement under the terms and conditions of this 
Act.
    (c) Audit.--All funds paid out under this Act are subject to audit 
by the Inspector General of the Department of Justice and abuse or 
misuse of such funds shall be vigorously investigated and prosecuted to 
the full extent of Federal law.
    (d) Supplemental Funding.--All funds paid out under this Act must 
supplement, and may not supplant, State or local funds used for the 
same or similar purposes.

Summary: Border Law Enforcement Act of 2005 - Establishes a Designated County Law Enforcement Assistance program jointly within the Department of Justice and the Department of Homeland Security (DHS) to provide financial assistance and authorization for the law enforcement operations of sheriffs in counties adjacent to the southern US border. Authorizes the sheriffs in these counties to: (1) coordinate law enforcement operations in support of US Customs and Border Protection and Immigration and Customs Enforcement. (2) conduct law enforcement operations in their counties in order to enforce criminal laws and protect lives, property, and security. (3) transfer aliens detained or taken into custody who are not lawfully present in the United States to appropriate federal law enforcement officials. (4) enforce state and federal laws relating to controlled substance trafficking and other criminal laws other than immigration laws. And (5) be paid for the costs of performing such duties or functions by the Attorney General or the Secretary of Homeland Security. Creates the Designated County Law Enforcement Account in the Treasury. Requires the Attorney General and the Secretary to jointly issue regulations that govern the distribution of funds under this Act and provide uniform standards that all other federal law enforcement officials shall follow to cooperate with such sheriffs.