S.Amdt. 4609

SA 4609. Ms. CANTWELL (for herself and Mr. Crapo) submitted an
amendment intended to be proposed by her to the bill H.R. 5441, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2007, and for other purposes; which was
ordered to lie on the table; as follows:

On page 127, between lines 2 and 3, insert the following:

TITLE VI--NORTHERN BORDER PROSECUTION INITIATIVE REIMBURSEMENT ACT

SEC. 601. SHORT TITLE.

This title may be cited as the ``Northern Border
Prosecution Initiative Reimbursement Act''.

SEC. 602. NORTHERN BORDER PROSECUTION INITIATIVE.

(a) Initiative Required.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the
Director of the Bureau of Justice Assistance of the Office of
Justice Programs, shall establish and carry out a program, to
be known as the Northern Border Prosecution Initiative, to
provide funds to reimburse eligible northern border entities
for costs incurred by those entities for handling case
dispositions of criminal cases that are federally initiated
but federally declined-referred.
(2) Relation with southwestern border prosecution
initiative.--The program established in paragraph (1) shall--
(A) be modeled after the Southwestern Border Prosecution
Initiative; and
(B) serve as a partner program to that initiative to
reimburse local jurisdictions for processing Federal cases.
(b) Provision and Allocation of Funds.--Funds provided
under the program established in subsection (a) shall be--
(1) provided in the form of direct reimbursements; and
(2) allocated in a manner consistent with the manner under
which funds are allocated under the Southwestern Border
Prosecution Initiative.
(c) Use of Funds.--Funds provided to an eligible northern
border entity under this section may be used by the entity
for any lawful purpose, including:
(1) Prosecution and related costs.
(2) Court costs.
(3) Costs of courtroom technology.
(4) Costs of constructing holding spaces.
(5) Costs of administrative staff.
(6) Costs of defense counsel for indigent defendants.
(7) Detention costs, including pre-trial and post-trial
detention.
(d) Definitions.--In this section:
(1) Case disposition.--The term ``case disposition''--
(A) for purposes of the Northern Border Prosecution
Initiative, refers to the time between the arrest of a
suspect and the resolution of the criminal charges through a
county or State judicial or prosecutorial process; and
(B) does not include incarceration time for sentenced
offenders, or time spent by prosecutors on judicial appeals.
(2) Eligible northern border entity.--The term ``eligible
northern border entity'' means--

[[Page S7436]]

(A) the States of Alaska, Idaho, Maine, Michigan,
Minnesota, Montana, New Hampshire, New York, North Dakota,
Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
(B) any unit of local government within a State referred to
in subparagraph (A).
(3) Federally declined-referred.--The term ``federally
declined-referred''--
(A) means, with respect to a criminal case, that a decision
has been made in that case by a United States Attorney or a
Federal law enforcement agency during a Federal investigation
to no longer pursue Federal criminal charges against a
defendant and to refer such investigation to a State or local
jurisdiction for possible prosecution; and
(B) includes a decision made on an individualized case-by-
case basis as well as a decision made pursuant to a general
policy or practice or pursuant to prosecutorial discretion.
(4) Federally initiated.--The term ``federally initiated''
means, with respect to a criminal case, that the case results
from a criminal investigation or an arrest involving Federal
law enforcement authorities for a potential violation of
Federal criminal law, including investigations resulting from
multi-jurisdictional task forces.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act $28,000,000 for fiscal year 2006 and such sums as may be
necessary for fiscal years thereafter.

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