Southwest Border Prosecution Initiative Program

The objective of the Southwest Border Prosecution Initiative (SWBPI) is to reimburse state, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local U.S.

Attorneys" offices.

Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.

Program Accomplishments

Fiscal Year 2008: The Southwest Border Prosecution Initiative program has successfully reimbursed jurisdictions for $82.4 million dollars over the last three fiscal years for federally deferred prosecution cases in the four eligible states. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Uses and Use Restrictions

While funds from the SWBPI federal payments may be used by applicant jurisdictions for any purpose not otherwise prohibited by federal law, using funds for the support and enhancement of prosecutorial and detention services is encouraged.

Eligibility Requirements

Applicant Eligibility

Local (includes State-designated lndian Tribes, excludes institutions of higher education and hospitals: Law, Justice, and Legal Services

Beneficiary Eligibility

State; Local


No Credentials or documentation are required. OMB Circular No. A-87 applies to this program.

Aplication and Award Process

Preapplication Coordination

No formal pre application coordination is required.

Previous year applicants are notified two to three weeks prior to the opening of each application period.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.


Application Procedures

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applications must be submitted through the online, Internet-based Southwest Border Prosecution Initiative system: Faxed or mailed applications or supplemental materials will not be accepted.

Award Procedures

Applications are reviewed and approved on the basis of their adherence to program guidelines and funding availability. Applicants will receive up to 100 percent of eligible case costs, based on the availability of funds. Should application amounts exceed available funding, applicants will receive funds on a uniform, pro-rata basis.


Contact the headquarters or regional office, as appropriate, for application deadlines.


Public Law 106-246, as amended by Public Law 106-554, authorizes the reimbursement of county and municipal governments in the States of California, Texas, Arizona, and the New Mexico state government, for specific categories of expenses associated with the handling and processing of federally initiated controlled substances cases along the Southwest Border. In FY 2000, $12 million was made available until expended and divided equally among the States of Arizona, Southern California, New Mexico, and Southern and Western Texas. For FY 2001, another $12 million has been made available. This additional $12 million must be used during this Fiscal Year. Of this amount, $10 million is for Texas and $2 million in for Arizona.

Range of Approval/Disapproval Time

From 30 to 60 days.


Not Applicable.


Subject to congressional appropriation.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Awards are made within 90 days of application end date. See the following for information on how assistance is awarded/released: Please contact the program office for further assistance.

Post Assistance Requirements



In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.


Documents supporting a federally initiated and declined/referred case must be retained for three years after the submission of the case for SWBPI funds. Documents can include paper or electronic case files, e-mails from the U.S. Attorney s Office, case notes, or documentation of telephone or face-to-face meetings with U.S. Attorney s Office staff or federal law enforcement officials.

Financial Information

Account Identification



(Direct Payments with Unrestricted Use) FY 08 $27,505,882; FY 09 est $31,000,000; FY 10 est $30,000,000

Range and Average of Financial Assistance

Applicants do not request an amount. Instead their award is based on available funding and the number of eligible cases. There is no maximum project period associated with this program since it is a payments reimbursement program.

Regulations, Guidelines, and Literature


Information Contacts

Regional or Local Office


Headquarters Office

Darius Locicero Bureau of Justice Assistance, Programs Office, 810 Seventh Street N.W., Washington, District of Columbia 20531 Email: Phone: 202-514-2533 or 1-866-817-9274

Criteria for Selecting Proposals

See solicitation for selection criteria and required elements.

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