II 

111TH CONGRESS 

2D SESSION S. 3273 

To establish a program to provide southern border security assistance grants, 

to authorize the appointment of additional Federal judges in States 

along the southern border, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2010 

Mr. CORNYN (for himself and Mrs. HUTCHISON) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To establish a program to provide southern border security 

assistance grants, to authorize the appointment of additional Federal judges in States along the southern border, 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 ‘‘Southern Border Secu5 rity Assistance Act’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) The United States and Mexico have recently 

2 experienced a significant increase in violence along 

3 the international border between the 2 countries. 

4 (2) The international border between the 

5 United States and Mexico is being used as a gate6 way for drug cartels and criminal enterprises that 

7 are illegally trafficking guns, people, and drugs. 

8 (3) The partnership between the United States 

9 and Mexican governments is critical— 

10 (A) to address recent border violence; and 

11 (B) to ensure the continued flow of legiti12 mate cross-border commerce, traffic and trade. 

13 (4) The national security of the United States 

14 is paramount. 

15 (5) While it is the job of the Federal Govern16 ment to protect national security by securing our 

17 Nation’s borders, State, local, and tribal law enforce18 ment entities also provide the first line of defense on 

19 the border and are critical first responders to na20 tional security or public safety threats. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) providing financial assistance for law en24 forcement initiatives with our Mexican partners is 

25 important; and 


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1 (2) in addition to such assistance, Congress 

2 must provide immediate resources and equipment to 

3 State and local law enforcement entities that are 

4 currently responding to border violence and criminal 

5 activities on a daily basis. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) LAW ENFORCEMENT ENTITY.—The term 

9 ‘‘law enforcement entity’’ means an entity that— 

10 (A) is a State, county, or city agency, a 

11 State or local police or sheriff department or 

12 association, or a subdivision thereof; 

13 (B) operates within 100 miles of the inter14 national border between the United States and 

15 Mexico; and 

16 (C) employs personnel on a full- or part17 time basis to engage in the prevention, detec18 tion, or investigation of violations of the crimi19 nal laws of the United States. 

20 (2) SOUTHERN BORDER REGION.—The term 

21 ‘‘Southern Border Region’’ refers to counties that 

22 are located— 

23 (A) within 100 miles of the international 

24 border between the United States and Mexico; 

25 and 


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1 (B) in the States of Arizona, California, 

2 New Mexico, and Texas. 

3 SEC. 4. BORDER SECURITY ASSISTANCE GRANTS. 

4 (a) AUTHORITY.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security, in consultation with State and local law en7 forcement entities, is authorized to award border se8 curity assistance grants to law enforcement entities 

9 located in the Southern Border Region for the pur10 poses described in subsection (b). 

11 (2) PRIORITY.—In awarding grants under this 

12 section, the Secretary shall give priority to law en13 forcement agencies located in a county that is lo14 cated within 25 miles of the international border be15 tween United States and Mexico. 

16 (b) PURPOSES.—To address drug trafficking, smug17 gling, and border violence, a grant awarded under sub18 section (a) shall be used— 

19 (1) to obtain law enforcement equipment and 

20 tools, including secure 2-way communication devices, 

21 portable laptops and office computers, license plate 

22 readers, unmanned aerial vehicles, unmanned air23 craft systems (UAS), manned aircraft, cameras with 

24 night viewing capabilities, and any other appropriate 

25 law enforcement equipment; 


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1 (2) to hire additional personnel, including ad2 ministrative support personnel, dispatchers, and 

3 jailers, and to provide overtime funding for such per4 sonnel; 

5 (3) to purchase law enforcement vehicles; 

6 (4) to provide for high performance aircrafts 

7 and helicopters for border surveillance and other 

8 critical mission applications and operational and 

9 maintenance costs associated with such craft; 

10 (5) to provide for critical power generation sys11 tems, infrastructure, and technological upgrades to 

12 support State and local data management systems 

13 and fusion centers; or 

14 (6) to provide for specialized training and for 

15 direct operating expenses associated with detecting 

16 and prosecuting drug trafficking, human smuggling, 

17 and other illegal activity or violence that occurs at 

18 or near the international border between the United 

19 States and Mexico. 

20 (c) APPLICATION.— 

21 (1) REQUIREMENT.—A law enforcement entity 

22 seeking a grant under subsection (a), or a nonprofit 

23 organization or coalition acting as an agent for 1 or 

24 more such law enforcement entities, shall submit an 

25 application to the Secretary that includes the inforVerDate Mar 15 2010 02:28 Apr 29, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 mation described in paragraph (2) at such time and 

2 in such manner as the Secretary may require. 

3 (2) CONTENT.—An application submitted under 

4 paragraph (1) shall include— 

5 (A) a description of the activities to be car6 ried out with a grant awarded under subsection 

7 (a); 

8 (B) if equipment will be purchased with 

9 the grant, a detailed description of the type and 

10 quantity of such equipment and of the per11 sonnel who will receive such equipment; 

12 (C) a description of the need of the law en13 forcement entity for the grant, including a de14 scription of the inability of the entity to carry 

15 out the proposed activities without the grant; 

16 and 

17 (D) an assurance that the entity will, to 

18 the extent practicable, seek, recruit, and hire 

19 members of racial and ethnic minority groups 

20 and women in the entity’s law enforcement po21 sitions. 

22 (d) REVIEW AND AWARD.— 

23 (1) REVIEW.—Not later than 90 days after the 

24 date an application submitted under subsection (c) is 


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1 received by the Secretary, the Secretary shall review 

2 and approve or reject the application. 

3 (2) AWARD OF FUNDS.—Subject to the avail4 ability of appropriations, not later than 45 days 

5 after the date an application is approved under 

6 paragraph (1), the Secretary shall provide the grant 

7 funds to the applicant. 

8 (3) PRIORITY.—In distributing grant funds 

9 under this subsection, priority shall be given to high10 intensity areas for drug trafficking, smuggling, and 

11 border violence. 

12 SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER 

13 STATES. 

14 (a) IN GENERAL.—The President shall appoint, by 

15 and with the advice and consent of the Senate— 

16 (1) 4 additional district judges for the district 

17 of Arizona; 

18 (2) 4 additional district judges for the central 

19 district of California; 

20 (3) 4 additional district judges for the eastern 

21 district of California; 

22 (4) 2 additional district judges for the northern 

23 district of California; 

24 (5) 1 additional district judge for the district of 

25 New Mexico; 


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1 (6) 1 additional district judge for the eastern 

2 district of Texas; 

3 (7) 2 additional district judges for the southern 

4 district of Texas; and 

5 (8) 1 additional district judge for the western 

6 district of Texas. 

7 (b) TEMPORARY JUDGESHIPS.—The President shall 

8 appoint, by and with the advice and consent of the Sen9 ate— 

10 (1) 1 additional district judge for the district of 

11 Arizona; 

12 (2) 1 additional district judge for the central 

13 district of California; 

14 (3) 1 additional district judge for the northern 

15 district of California; and 

16 (4) 1 additional district judge for the district of 

17 New Mexico. 

18 (c) VACANCIES.—For each of the judicial districts 

19 named in subsection (b), the first vacancy arising on the 

20 district court at least 10 years after a judge is first con21 firmed to fill the temporary district judgeship created in 

22 that district pursuant to subsection (b) shall not be filled. 

23 (d) EXISTING JUDGESHIPS.—The existing judgeships 

24 for the district of Arizona and the district of New Mexico 

25 authorized under section 312(c) of the 21st Century DeVerDate Mar 15 2010 02:28 Apr 29, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 partment of Justice Appropriations Authorization Act 

2 (Public Law 107–273, 116 Stat. 1758), as of the effective 

3 date of this Act, shall be authorized under section 133 

4 of title 28, United States Code, and the incumbents in 

5 those offices shall hold the office under section 133 of title 

6 28, United States Code. 

7 (e) CONFORMING AMENDMENTS.—The table con8 tained in section 133(a) of title 28, United States Code, 

9 is amended— 

10 (1) in the item relating to the district of Ari11 zona, by striking ‘‘12’’ and inserting ‘‘17’’; 

12 (2) in the item relating to the central district 

13 of California, by striking ‘‘27’’ and inserting ‘‘31’’; 

14 (3) in the item relating to the eastern district 

15 of California, by striking ‘‘6’’ and inserting ‘‘10’’; 

16 (4) in the item relating to the northern district 

17 of California, by striking ‘‘14’’ and inserting ‘‘16’’; 

18 (5) in the item relating to the district of New 

19 Mexico, by striking ‘‘6’’ and inserting ‘‘8’’; 

20 (6) in the item relating to the eastern district 

21 of Texas, by striking ‘‘7’’ and inserting ‘‘8’’; 

22 (7) in the item relating to the southern district 

23 of Texas, by striking ‘‘19’’ and inserting ‘‘21’’; and 

24 (8) in the item relating to the western district 

25 of Texas, by striking ‘‘13’’ and inserting ‘‘14’’. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) GRANT FUNDING.—There is authorized to be ap3 propriated $300,000,000 for the 2-year period ending on 

4 September 30, 2012, for grants issued under section 4. 

5 (b) JUDICIAL FUNDING.—There are authorized to be 

6 appropriated to the Attorney General for each of the fiscal 

7 years 2011 through 2013 such sums as may be necessary 

8 to carry out section 5, including the hiring of necessary 

9 attorney and administrative support staff. 

Æ 


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