To provide financial aid to local law enforcement officials along the Nation's borders, and for other purposes.

[[Page S9823]]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008--Continued

Amendment No. 2384

Mrs. MURRAY. Mr. President, the Senate is currently considering the
Homeland Security appropriations bill. Earlier, the Senator from
Louisiana offered amendment No. 2384. I am concerned that the amendment
is being offered to an appropriations bill. That amendment is clearly
authorizing on an appropriations bill. Notwithstanding any other
provision of the law, it is my understanding that the Homeland Security
and Governmental Affairs Committee objects to that amendment.
Therefore, I raise a point of order under rule XVI.
The PRESIDING OFFICER. The point of order is sustained, and the
amendment falls.
Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2388 to Amendment No. 2383

Mr. BINGAMAN. Mr. President, I call up Senate amendment No. 2388 and
ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from New Mexico [Mr. Bingaman], for himself and
Mr. Domenici, Mrs. Hutchison, and Mr. Cornyn, proposes an
amendment numbered 2388 to amendment No. 2383.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To provide financial aid to local law enforcement officials
along the Nation's borders, and for other purposes)

At the end of the bill, insert the following:

TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. 601. SHORT TITLE.

This title may be cited as the ``Border Law Enforcement
Relief Act of 2007''.

SEC. 602. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2008 through 2012.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2008 through 2012 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this title.

SEC. 603. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

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

Mr. BINGAMAN. Mr. President, this amendment is aimed at providing
needed assistance to law enforcement agencies to address the problem of
criminal activity along our Nation's borders. The legislation is
cosponsored by myself, Senator Domenici, Senator Hutchison, and Senator
Cornyn. It has passed the Senate on two previous occasions, including
last year as part of the Senate's 2007 Homeland Security Appropriations
bill.
Specifically, the amendment establishes a competitive grant program
within the Department of Homeland Security to help local law
enforcement that is situated along our borders to cover some of the
costs they incur as a result of having to deal with illegal
immigration, with drug trafficking, with stolen vehicles, and with
other border-related crimes. The amendment authorizes $50 million a
year to enable law enforcement within 100 miles of the border to hire
additional personnel and obtain the equipment and cover the overtime
and transportation costs they incur in these activities. Law
enforcement outside of this geographic limit that is provided for in
the amendment would be eligible if the Secretary of Homeland Security
certified that they were located in a ``High Impact Area.''
The United States shares 5,525 miles of border with Canada and 1,989
miles of border with Mexico. Many of the local law enforcement agencies
that are located along these borders are small, rural departments that
are charged with patrolling large areas of land with very few officers
and very limited resources. According to a 2001 study of the U.S.-
Mexico Border Counties Coalition, criminal justice costs associated
with illegal immigration exceed $89 million each year. Counties along
the southwest border are some of the poorest in the country and are not
in a good position to cover these additional costs.
For far too long, local law enforcement agencies operating along our
borders have had to incur significant costs due to the inability of
Government to secure our Nation's borders. It is time that the Federal
Government recognize that border communities should not have to bear
this burden alone. For that reason, I urge my colleagues to support
this amendment.
I am informed this amendment has been cleared by both sides, and I
think we are ready to go to a vote on it, unless the managers wish
additional debate.
The PRESIDING OFFICER. The Senator from Mississippi is recognized.
Mr. COCHRAN. Mr. President, we have reviewed this amendment. It is as
the Senator from New Mexico said, a matter that has been before the
body

[[Page S9824]]

before and has been previously approved. We have no objection to
proceeding as suggested by the Senator.
The PRESIDING OFFICER. If there is no further debate, the question is
on agreeing to the amendment.
The amendment (No. 2388) was agreed to.
Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
Mr. COCHRAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BINGAMAN. I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________