Border area security initiatives

(a)

In general

The Secretary of Homeland Security shall designate a high-threat area adjacent to an international land border of the United States for a border area security initiative if the area satisfies the criteria described in subsection (c). (b)

Purpose

The purpose of a designation under subsection (a) shall be to provide State and local agencies, including sheriffs, with the resources and capabilities necessary— (1)to assist the Secretary in gaining operational control over the border in the area; (2)to address increased cross-border criminal activity in the area; and (3)to reduce the threats to national security posed by opportunities for terrorists to enter the United States at an international land border, made apparent by the tragic events of September 11, 2001. (c)

Designation

The criteria relating to area designations referred to in subsection (a) are as follows: (1)A significant number of illegal aliens and contraband are brought through the area. (2)Law enforcement personnel are targets of violence, or threats of violence, due to their border security mission. (3)State and local law enforcement agencies, including sheriffs, have committed resources to respond to the border security problems in the area, thereby indicating a determination to respond aggressively to the problems. (4)Illegal activities linked to the area are having a harmful impact in other parts of the country. (5)High levels of crime in communities in or near the area are directly linked to illegal border activity. (6)The risk or threat of terrorist activity, based upon credible evidence. (7)Any additional criteria determined to be appropriate by the Secretary. (d)

Post-designation activities

After designating an area under subsection (a), the Secretary shall undertake the following: (1)The Secretary shall establish a border area security initiative executive committee, comprised of senior executives from interested local, State, and Federal domestic security and law enforcement agencies, including sheriffs, operating within the designated area. This committee shall be responsible for the development and execution of multi-agency enforcement strategies and activities to support Federal border security missions in the area. (2)The Secretary shall— (A)provide for additional Federal resources to be sent to the area, including personnel, fencing materials, barriers, cameras, body armor, and any other material, technology, or equipment as the Secretary, in consultation with the border area security initiative executive committee, may deem necessary; (B)provide for the construction or acquisition of such temporary detention facilities in the area as may be necessary; and (C)to the extent consistent with appropriations Acts, provide funds to State and local law enforcement entities, including sheriffs, operating in the area, to be used in accordance with subsection (e). (e)

Use of funds

Funds provided to State and local authorities, including sheriffs, under subsection (d)(2)(C) may be used to carry out activities consistent with the purpose described in subsection (b), including— (1)operational expenses (such as transportation); (2)personnel expenses, including overtime pay, except that not more than 45 percent of such funds may be used to hire new personnel; and (3)equipment expenses. (f)

Sunset

A designation made under subsection (a) shall expire on the date that is 5 years after the date on which the designation takes effect. (g)

Reports

The Secretary— (1)shall notify the Committee on Homeland Security of the United States House of Representatives upon the designation of an area for a border area security initiative; and (2)shall report annually to such committee the progress made in securing the border as a result of such designation.