II 

111TH CONGRESS 

1ST SESSION S. 1190 

To provide financial aid to local law enforcement officials along the Nation’s 

borders, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Law Enforce5 ment Anti-Drug Trafficking Act of 2009’’. 

6 SEC. 2. BORDER RELIEF GRANT PROGRAM. 

7 (a) GRANTS AUTHORIZED.— 

8 (1) IN GENERAL.—The Attorney General is au9 thorized to award grants to— 


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1 (A) eligible law enforcement agencies, or a 

2 coalition of such agencies, to provide the re3 sources described in subsection (b) to address 

4 drug-related criminal activity that occurs in the 

5 jurisdiction of such agencies; and 

6 (B) institutions of higher education that 

7 provide assistance to law enforcement agencies 

8 in counties described in subparagraph (A) or 

9 (B) of subsection (d)(1) to provide the re10 sources described in subsection (b)(4). 

11 (2) COMPETITIVE BASIS.—The Attorney Gen12 eral shall award grants under this section on a com13 petitive basis. 

14 (3) PRIORITY.—In awarding grants for the uses 

15 described in paragraphs (1) through (3) of sub16 section (b), the Attorney General shall give priority 

17 to law enforcement agencies located in a county that 

18 is within 150 miles from the United States border 

19 with Mexico. 

20 (b) USE OF FUNDS.—Grants awarded under this sec21 tion may only be used to provide additional resources for 

22 eligible law enforcement agencies to address drug-related 

23 criminal activity, and for the training and assistance de24 scribed in paragraph (4) for organizations described in 

25 subsection (a)(2), including resources to— 


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1 (1) combat criminal activities along the South2 ern border by— 

3 (A) obtaining, upgrading, or maintain 

4 equipment; 

5 (B) hiring additional personnel; 

6 (C) reimbursing operational expenditures, 

7 including overtime and transportation costs; 

8 and 

9 (D) providing other assistance necessary to 

10 address drug-related criminal activity; 

11 (2) facilitate information sharing and collabora12 tion by— 

13 (A) establishing, maintaining, or enhancing 

14 multi-jurisdictional intelligence gathering and 

15 sharing activities; 

16 (B) facilitating regional crime prevention 

17 and reduction efforts; and 

18 (C) strengthening partnerships between 

19 Federal, tribal, State, and local law enforce20 ment agencies; 

21 (3) enhance jails, community corrections, and 

22 detention operations by— 

23 (A) improving the administration and oper24 ations of correction functions related to reduc25 ing and preventing criminal narcotics activity; 


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1 (B) improving access to intelligence and 

2 collaboration between law enforcement and cor3 rectional system personnel; 

4 (C) reducing the recidivism rates of drug 

5 offenders; and 

6 (D) hiring detention, probation, parole, 

7 and other corrections personnel for implementa8 tion of the efforts described in this paragraph; 

9 and 

10 (4) provide training and technical assistance, 

11 including training and assistance related to— 

12 (A) narcotics-related kidnapping negotia13 tion and rescue tactics; 

14 (B) intelligence and information sharing on 

15 drug trafficking organizations; and 

16 (C) the interdiction of narcotics, weapons, 

17 and illegal drug proceeds. 

18 (c) APPLICATION.— 

19 (1) IN GENERAL.—Each eligible law enforce20 ment agency, or coalition of such agencies, seeking 

21 a grant under this section shall submit an applica22 tion to the Attorney General at such time, in such 

23 manner, and accompanied by such information as 

24 the Attorney General may reasonably require. 


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1 (2) CONTENTS.—Each application submitted 

2 under paragraph (1) shall— 

3 (A) describe the activities for which assist4 ance under this section is sought; and 

5 (B) provide such additional assurances as 

6 the Attorney General determines to be essential 

7 to ensure compliance with the requirements 

8 under this section. 

9 (d) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

11 The term ‘‘eligible law enforcement agency’’ means 

12 a tribal, State, or local law enforcement agency, in13 cluding a community corrections agency and any 

14 agency that employs prosecutors, probation officers, 

15 or parole officers, which is located or performs du16 ties in— 

17 (A) Arizona, California, New Mexico, or 

18 Texas; or 

19 (B) a jurisdiction that has been designated 

20 by the Director of the Office of Drug Control 

21 Policy as a High Intensity Drug Trafficking 

22 Area. 

23 (2) HIGH INTENSITY DRUG TRAFFICKING

24 AREA.—The term ‘‘High Intensity Drug Trafficking 

25 Area’’ means any jurisdiction designated as a ‘‘High 


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1 Intensity Drug Trafficking Area’’ by the National 

2 Drug Control Program under section 707 of the Of3 fice of National Drug Control Policy Reauthorization 

4 Act of 1998 (21 U.S.C. 1706). 

5 (e) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated $100,000,000 for each of the fiscal 

8 years 2010 through 2015 to carry out the provisions 

9 of this section. 

10 (2) ALLOCATION OF AUTHORIZED FUNDS.—Of 

11 the amounts appropriated pursuant to paragraph 

12 (1)— 

13 (A) not more than 33 percent may be set 

14 aside for High Intensity Drug Trafficking 

15 Areas; and 

16 (B) not more than 30 percent may be used 

17 for activities described in paragraphs (3) and 

18 (4) of subsection (b). 

19 (3) SUPPLEMENT NOT SUPPLANT.—Amounts 

20 appropriated for grants pursuant to paragraph (1) 

21 shall be used to supplement and not to supplant 

22 other tribal, State, and local public funds obligated 

23 for the purposes provided under this section. 


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1 SEC. 3. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

2 Nothing in this Act may be construed to authorize 

3 tribal, State, or local law enforcement agencies or officers 

4 of such agencies to exercise Federal immigration law en5 forcement authority. 

Æ 


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