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 U.S. border. Authorizes the sheriffs in these counties to: (1) coordinate law enforcement operations in support of U.S. 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 (except as provided in an agreement with DHS); 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.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4360 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4360
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2005
Mr. Culberson (for himself, Mr. Reyes, Mr. Bonilla, Mr. Cuellar, Mr.
Smith of Texas, Mr. McCaul of Texas, Mr. Aderholt, Mr. Alexander, Mr.
Bishop of Utah, Mr. Brady of Texas, Mr. Brown of South Carolina, Mr.
Burgess, Mr. Burton of Indiana, Mr. Carter, Mr. Deal of Georgia, Mr.
Duncan, Mr. Gohmert, Mr. Goode, Ms. Granger, Mr. Hall, Mr. Hayworth,
Mr. Hunter, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, Mr.
Lewis of Kentucky, Mr. Marchant, Mr. Neugebauer, Mr. Poe, Mr. Royce,
Mr. Sessions, Mr. Tancredo, and Mr. Thornberry) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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