[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1448 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1448

   To authorize the Secretary of Homeland Security and the Attorney 
General to increase resources to identify and eliminate illicit sources 
 of firearms smuggled into Mexico for use by violent drug trafficking 
organizations and for other unlawful activities by providing for border 
   security grants to local law enforcement agencies and reinforcing 
        Federal resources on the border, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2009

 Mr. Rodriguez (for himself, Mr. Teague, Ms. Giffords, Mr. Ortiz, Mr. 
  Hinojosa, Mr. Grijalva, Mr. Filner, Mr. Edwards of Texas, Mr. Gene 
 Green of Texas, Mr. Cuellar, and Mr. Reyes) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Committees on Homeland Security and Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Homeland Security and the Attorney 
General to increase resources to identify and eliminate illicit sources 
 of firearms smuggled into Mexico for use by violent drug trafficking 
organizations and for other unlawful activities by providing for border 
   security grants to local law enforcement agencies and reinforcing 
        Federal resources on the border, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border 
Reinforcement and Violence Reduction Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Border relief grant program.
Sec. 104. Authorization of appropriations.
Sec. 105. Enforcement of Federal immigration law.
Sec. 106. Regulations.
             TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION

Sec. 201. Short title.
Sec. 202. Project Gunrunner.
Sec. 203. Enhanced international cooperation.
Sec. 204. Operation Armas Cruzadas.
Sec. 205. Vehicle inspections.
Sec. 206. Affirmation of Second Amendment.

              TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT

SECTION 101. SHORT TITLE.

    This Act may be cited as the ``Border Law Enforcement Enhancement 
Act of 2009''.

SEC. 102. FINDINGS.

    Congress finds the following:
            (1) It is the obligation of the Federal Government to 
        adequately secure the borders of the United States and prevent 
        the flow of undocumented persons and illegal drugs into the 
        United States in order to better secure such borders.
            (2) Border communities continue to incur significant costs 
        due to the lack of adequate border security. A 2001 study by 
        the United States-Mexico Border Counties Coalition found that 
        law enforcement and criminal justice expenses associated with 
        illegal immigration exceed $89,000,000 annually for the 
        Southwest border counties.
            (3) In August 2005, the States of New Mexico and Arizona 
        declared states of emergency in order to provide local law 
        enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.
            (4) While the Federal Government provides States and 
        localities assistance in covering costs related to the 
        detention of certain criminal aliens and the prosecution of 
        Federal drug cases, local law enforcement along the border are 
        provided no assistance in covering such expenses and must use 
        their limited resources to combat drug trafficking, human 
        smuggling, kidnappings, the destruction of private property, 
        and other border security related crimes.
            (5) The United States shares 5,525 miles of border with 
        Canada and 1,989 miles with Mexico. Many of the local law 
        enforcement agencies located along the border are small, rural 
        departments charged with patrolling large areas of land. 
        Counties along the Southwest United States-Mexico border are 
        some of the poorest in the country and lack the financial 
        resources to cover the additional costs associated with border 
        security, narcoterrorism, and other border-related crimes.
            (6) Federal assistance is required to help local law 
        enforcement operating along the border address the unique 
        challenges that arise as a result of their proximity to an 
        international border and the lack of overall border security in 
        the region.

SEC. 103. BORDER RELIEF GRANT PROGRAM.

    (a) In General.--From amounts made available under section 104, the 
Secretary of Homeland Security may make border security grants to--
            (1) sheriffs' offices of counties any part of which is 
        within 25 miles of the southern border of the United States; 
        and
            (2) police departments serving a city, town, or other 
        political subdivision in a county any part of which is within 
        25 miles of the southern border of the United States (including 
        tribal police departments serving a community any part of which 
        is within 25 miles of such border).
    (b) Use of Funds.--
            (1) In general.--Grant funds received under subsection (a) 
        may be used for the following activities:
                    (A) To conduct law enforcement operations to 
                enforce criminal laws, prevent and punish criminal 
                activity, and protect the lives, property, and security 
                of the people within the jurisdiction of the grant 
                recipient.
                    (B) To transfer to appropriate Federal law 
                enforcement officials aliens unlawfully present in the 
                United States who detained or in the custody of the 
                grant recipient.
                    (C) To enforce State and Federal laws relating to 
                securing the border and enforce other State and Federal 
                criminal laws.
            (2) Payment of costs.--Use of funds under paragraph (1) 
        shall include payment for costs of--
                    (A) hiring, equipping, training, and otherwise 
                controlling the operations and deployment of law 
                enforcement officials engaged in duties described in 
                paragraph (1), as well as the costs of paying overtime 
                to such officials; and
                    (B) detaining, housing, and transporting aliens who 
                are unlawfully present in the United States and who are 
                taken into custody by the grant recipient, until such 
                aliens are transferred to appropriate Federal law 
                enforcement officials.
            (3) Detention facilities.--In accordance with paragraph 
        (2)(B), grant funds received under subsection (a) may be used 
        for the construction, maintenance, and operation of detention 
        facilities to detain aliens who are unlawfully present in the 
        United States, except that not more than 20 percent of such 
        funds may be used for the construction or renovation of 
        detention or similar facilities.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit to the 
        Secretary of Homeland Security an application at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may 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 of Homeland Security determines to be 
                essential to ensure compliance with the requirements of 
                this section.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Homeland 
Security to carry out this title $150,000,000 for fiscal year 2010 and 
each succeeding fiscal year.

SEC. 105. 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.

SEC. 106. REGULATIONS.

    Not later than 90 days after the date of the enactment of this 
title, the Secretary of Homeland Security shall issue regulations to 
carry out this title.

             TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION

SEC. 201. SHORT TITLE.

    This Act may be cited as the ``Southwest Border Violence Reduction 
Act of 2009''.

SEC. 202. PROJECT GUNRUNNER.

    (a) In General.--The Attorney General shall dedicate and expand the 
resources provided for the Project Gunrunner initiative of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, 
and prosecute individuals involved in the trafficking of firearms 
across the international border between the United States and Mexico.
    (b) Activities.--In carrying out this section, the Attorney General 
shall--
            (1) assign additional agents of the Bureau of Alcohol, 
        Tobacco, Firearms, and Explosives to the area of the United 
        States adjacent to the international border between the United 
        States and Mexico to support the expansion of Project Gunrunner 
        teams;
            (2) establish not fewer than 1 Project Gunrunner team in 
        each State along the international border between the United 
        States and Mexico; and
            (3) coordinate with the heads of other relevant Federal law 
        enforcement agencies and State and local law enforcement 
        agencies to address firearms trafficking in a comprehensive 
        manner.
    (c) Additional Staff.--The Attorney General may hire Bureau of 
Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise 
expend additional resources needed to adequately support, Project 
Gunrunner.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $15,000,000 for each of fiscal years 2010 and 2011 to 
carry out this section.

SEC. 203. ENHANCED INTERNATIONAL COOPERATION.

    (a) In General.--The Attorney General, in cooperation with the 
Secretary of State, shall--
            (1) assign agents of the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives to the United States mission in 
        Mexico, to work with Mexican law enforcement agencies in 
        conducting investigations relating to firearms trafficking and 
        other criminal enterprises;
            (2) provide the equipment and technological resources 
        necessary to support investigations and to trace firearms 
        recovered in Mexico; and
            (3) support the training of Mexican law enforcement 
        officers in serial number restoration techniques, canine 
        explosive detection, and antitrafficking tactics.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $9,500,000 for each of fiscal years 2010 and 2011 to carry 
out this section.

SEC. 204. OPERATION ARMAS CRUZADAS.

    (a) In General.--In accordance with subsection (b), the Secretary 
of Homeland Security shall dedicate and expand the resources provided 
for Operation Armas Cruzadas of United States Immigration and Customs 
Enforcement (ICE) to identify, investigate, and prosecute individuals 
involved in the trafficking and smuggling of firearms and in other 
unlawful activities across the international border between the United 
States and Mexico.
    (b) Resources.--To achieve the goal described in subsection (a), 
the Secretary of Homeland Security shall--
            (1) increase the number of ICE agents assigned to Operation 
        Armas Cruzadas over the number of such agents who are so 
        assigned as of the date of the enactment of this section;
            (2) increase the number of Border Enforcement Security Task 
        Force (BEST) teams stationed along the border over the number 
        of such teams so stationed as of the date of the enactment of 
        this section; and
            (3) coordinate with the heads of other relevant Federal, 
        State, and local law enforcement agencies to address firearms 
        trafficking in a comprehensive manner.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $15,000,000 for each of fiscal years 2010 and 2011 to 
carry out this section.

SEC. 205. VEHICLE INSPECTIONS.

    The Secretary of Homeland Security shall coordinate with the heads 
of other relevant Federal, State, and local law enforcement agencies 
along the border to develop a comprehensive and strategic plan for the 
inspection of vehicles heading into Mexico.

SEC. 206. AFFIRMATION OF SECOND AMENDMENT.

    Nothing in this title shall be construed to restrict or limit the 
use and ownership of legal handguns and firearms by law-abiding gun 
owners.
                                 <all>