1.Short title; table of
contents
(a)This Act may be cited
as the Border Security, Cooperation,
and Act Now Drug War Prevention Act
.
(b)The table of
contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Title I—General Provisions
Sec. 101. Emergency deployment of United States Border Patrol
agents.
Sec. 102. Emergency deployment of DEA agents.
Sec. 103. Emergency deployment of ATF agents.
Sec. 104. Elimination of fixed deployment of United States
border patrol agents.
Sec. 105. Helicopters and power boats.
Sec. 106. Control of United States border patrol
assets.
Sec. 107. Motor vehicles.
Sec. 108. Portable computers.
Sec. 109. Radio communications.
Sec. 110. Hand-held global positioning system
devices.
Sec. 111. Night vision equipment.
Sec. 112. Border armor.
Sec. 113. Weapons.
Sec. 114. Uniforms.
Sec. 115. Task force.
Title II—Border Relief
Sec. 201. Border relief grant program.
Sec. 202. Authorization of appropriations.
Sec. 203. Enforcement of Federal immigration law.
Sec. 204. Regulations.
2.Congress finds the following:
(1)In 2008, the violence between Mexican drug
gangs fighting for trafficking routes to the United States killed approximately
6,000 people in Mexico, including more than 500 police officers and
soldiers.
(2)In the first eight
weeks of 2009, more than 1,000 people were killed as a result of the drug
war.
(3)In March 2009,
Mexico sent an additional 3,200 soldiers to the border, increasing the total
number of Mexican solders combating drug cartels to more than 45,000.
(4)Over 200 United
States citizens have been killed in the drug war, either because they were
involved in the cartels or were innocent bystanders.
(5)The drug trade in Mexico include marijuana,
heroin, cocaine, and methamphetamine (meth).
(6)Mexico is the
conduit for most of the cocaine—approximately 90 percent—in the United States,
the source for much of the heroin consumed in this country, and the largest
foreign supplier of marijuana and meth to other markets.
(7)Estimates indicate
a vast majority of the cocaine available in the United States market is
smuggled by Mexican cartels across the United States-Mexico border.
(8)Cartels are
becoming increasingly involved in the trafficking of meth because of the large
profit margins they obtain from controlling the drug from manufacture to
distribution.
(9)The drug cartels
have criminal earnings in excess of $25 billion per year and physically send
more than $10 billion a year in bulk cash back into Mexico from the United
States.
(10)According to the
2009 National Drug Threat Assessment, Mexican drug trafficking organizations
are the greatest drug trafficking threat to the United States.
(11)Mexico’s cartels
have existed for some time, but have become increasingly powerful in recent
years with the demise of once powerful cartels in Colombia and the closure of
trafficking routes through Florida.
(12)The Colombian
cartels still play a role in the United States drug trade.
(13)The Drug
Enforcement Administration (DEA) maintains that the Mexican cartels now command
and control the drug trade and show the hallmarks of organized crime, such as
organizing into distinct cells with subordinate cells, including gangs, which
operate throughout the United States.
(14)Mexican cartels
control drug distribution in most United States cities, and they are gaining
strength in markets that they do not yet control. The 2009 National Drug Threat
Assessment indicates that Mexican cartels maintain drug distribution networks
or supply drugs to distributors in at least 230 United States cities, including
in Alaska and Hawaii.
(15)The Federal Government provides States and
local governments with assistance in covering the costs related to the fight
against the drug cartels and the prosecution of such drug cases, local law
enforcement along the border is in need of assistance in covering expenses.
Local law enforcement uses its limited resources to combat drug trafficking,
human smuggling, kidnappings, the destruction of private property, and other
border security related crimes. The United States shares 1,989 miles along its
border with Mexico. Federal assistance is required to help local law
enforcement.
<enum>I</enum><header>General
Provisions</header>
<section id="H7E8C1A1A3F14491FA68B273C80C19C30"><enum>101.</enum><header>Emergency
deployment of United States Border Patrol agents</header>
<subsection id="HF860C0DEECBF40A0BDDB7D07C5C5EBA6"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">If the Governor of a
State on an international border of the United States declares an international
border security emergency, including actions involving Mexican drug gangs
fighting for trafficking routes involved in violent drug wars, and requests
additional United States Border Patrol agents from the Secretary of Homeland
Security, the Secretary is authorized, subject to subsections (b) and (c), to
provide the State with up to 500 additional United States Border Patrol agents
for the purpose of patrolling and defending the international border, in order
to prevent individuals from crossing the international border and entering the
United States at any location other than an authorized port of entry.</text>
</subsection><subsection id="H193039081C17488AA6E2F6E148396F5F"><enum>(b)</enum><header>Consultation</header><text>The
Secretary of Homeland Security shall consult with the President upon receipt of
a request under subsection (a), and shall grant it to the extent that providing
the requested assistance will not significantly impair the Department of
Homeland Security’s ability to provide border security for any other
State.</text>
</subsection><subsection id="H7743F04E70FE48578448EAC4FA063B56"><enum>(c)</enum><header>Collective
bargaining</header><text>Emergency deployments under this section shall be made
in conformance with all collective bargaining agreements and
obligations.</text>
</subsection></section><section display-inline="no-display-inline" id="HCBAE4F961201416FBC8A1FCA3A13DC8B" section-type="subsequent-section"><enum>102.</enum><header>Emergency deployment
of DEA agents</header>
<subsection id="HB670AB0C29DF4B3DAE69787E59C7A61C"><enum>(a)</enum><header>In
general</header><text>If the Governor of a State on an international border of
the United States declares an international border security emergency and
requests additional Drug Enforcement Administration (DEA) agents from the
Attorney General, the Attorney General is authorized, subject to subsections
(b) and (c), to provide the State with up to 500 additional DEA agents for the
purpose of combating the inflow of drugs along trafficking routes to the United
States.</text>
</subsection><subsection id="H949012BDD877485DA81691D981370AEE"><enum>(b)</enum><header>Consultation</header><text>The
Attorney General shall consult with the President upon receipt of a request
under subsection (a), and shall grant it to the extent that providing the
requested assistance will not significantly impair the Attorney General’s
ability to provide DEA agents for any other State.</text>
</subsection><subsection id="H7B79966EE0444BAFA4F652ED1610CFC8"><enum>(c)</enum><header>Collective
bargaining</header><text>Emergency deployments under this section shall be made
in conformance with all collective bargaining agreements and
obligations.</text>
</subsection></section><section id="H276AF653ABE94737B248764D93212D30"><enum>103.</enum><header>Emergency
deployment of ATF agents</header>
<subsection id="H2B590266773342E1A2A28C6AE8394BC"><enum>(a)</enum><header>In
general</header><text>If the Governor of a State on an international border of
the United States declares an international border security emergency and
requests additional Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
agents from the Attorney General, the Attorney General is authorized, subject
to subsections (b) and (c), to provide the State with up to 500 additional ATF
agents for the purpose of combating the inflow of firearms, explosives,
alcohol, and tobacco along smuggling routes to the United States.</text>
</subsection><subsection id="H2F2393E531DA4B329D225E8DA5910374"><enum>(b)</enum><header>Consultation</header><text>The
Attorney General shall consult with the President upon receipt of a request
under subsection (a), and shall grant it to the extent that providing the
requested assistance will not significantly impair the Attorney General’s
ability to provide ATF agents for any other State.</text>
</subsection><subsection id="H0FD7AD62CC504AB494CF0142EA19842"><enum>(c)</enum><header>Collective
bargaining</header><text>Emergency deployments under this section shall be made
in conformance with all collective bargaining agreements and
obligations.</text>
</subsection></section><section id="HE08C707599B9424AB15F1CBCA712279D"><enum>104.</enum><header>Elimination of
fixed deployment of United States border patrol agents</header><text display-inline="no-display-inline">The Secretary of Homeland Security shall
ensure that no United States Border Patrol agent is precluded from performing
patrol duties and apprehending violators of law, except in unusual
circumstances where the temporary use of fixed deployment positions is
necessary.</text>
</section><section id="HD30198175658430BADF46854169DFE04"><enum>105.</enum><header>Helicopters and
power boats</header>
<subsection id="H147129C9A93844F580B929C631CE3B25"><enum>(a)</enum><header>In
general</header><text>The Secretary of Homeland Security shall increase by not
fewer than 100 the number of United States Border Patrol helicopters, and shall
increase by not fewer than 250 the number of United States Border Patrol power
boats. The Secretary of Homeland Security shall ensure that appropriate types
of helicopters are procured for the various missions being performed. The
Secretary of Homeland Security also shall ensure that the types of power boats
that are procured are appropriate for both the waterways in which they are used
and the mission requirements.</text>
</subsection><subsection id="H2AC8B3F0A547410DA38DC6854041FA6D"><enum>(b)</enum><header>Use and
training</header><text>The Secretary of Homeland Security shall establish an
overall policy on how the helicopters and power boats described in subsection
(a) will be used and implement training programs for the agents who use them,
including safe operating procedures and rescue operations.</text>
</subsection></section><section id="H2F4ABFF195104F0D97CAAA9854B77D"><enum>106.</enum><header>Control of United
States border patrol assets</header><text display-inline="no-display-inline">The United States Border Patrol shall have
complete and exclusive administrative and operational control over all the
assets utilized in carrying out its mission, including, aircraft, watercraft,
vehicles, detention space, transportation, and all of the personnel associated
with such assets.</text>
</section><section id="H1568F73CE13643EC96D397852D3E182"><enum>107.</enum><header>Motor
vehicles</header><text display-inline="no-display-inline">The Secretary of
Homeland Security shall establish a fleet of motor vehicles appropriate for use
by the United States Border Patrol that will permit a ratio of at least one
police-type vehicle per every 3 United States Border Patrol agents.
Additionally, the Secretary of Homeland Security shall ensure that there are
sufficient numbers and types of other motor vehicles to support the mission of
the United States Border Patrol. All vehicles will be chosen on the basis of
appropriateness for use by the United States Border Patrol, and each vehicle
shall have a <term>panic button</term> and a global positioning system device
that is activated solely in emergency situations for the purpose of tracking
the location of an agent in distress. The police-type vehicles shall be
replaced at least every 3 years.</text>
</section><section id="HDC0FD3B592A2457B95C9DE3FD93AC2"><enum>108.</enum><header>Portable
computers</header><text display-inline="no-display-inline">The Secretary of
Homeland Security shall ensure that each police-type motor vehicle in the fleet
of the United States Border Patrol is equipped with a portable computer with
access to all necessary law enforcement databases and otherwise suited to the
unique operational requirements of the United States Border Patrol.</text>
</section><section id="H748FE1FE88A8437F85A6B7C47591D006"><enum>109.</enum><header>Radio
communications</header><text display-inline="no-display-inline">The Secretary
of Homeland Security shall augment the existing radio communications system so
all law enforcement personnel working in every area where United States Border
Patrol operations are conducted have clear and encrypted two-way radio
communication capabilities at all times. Each portable communications device
shall be equipped with a <term>panic button</term> and a global positioning
system device that is activated solely in emergency situations for the purpose
of tracking the location of the agent in distress.</text>
</section><section id="HF53A4D117EE746F796D6C1CACB2E0300"><enum>110.</enum><header>Hand-held
global positioning system devices</header><text display-inline="no-display-inline">The Secretary of Homeland Security shall
ensure that each United States Border Patrol agent is issued a state-of-the-art
hand-held global positioning system device for navigational purposes.</text>
</section><section id="H4A3A4B6B2B89464B9E96BF4E12BDBC8"><enum>111.</enum><header>Night vision
equipment</header><text display-inline="no-display-inline">The Secretary of
Homeland Security shall ensure that sufficient quantities of state-of-the-art
night vision equipment are procured and maintained to enable each United States
Border Patrol agent working during the hours of darkness to be equipped with a
portable night vision device.</text>
</section><section id="H9BBC1D0459104C63BF36F3BE6B66274E"><enum>112.</enum><header>Border
armor</header><text display-inline="no-display-inline">The Secretary of
Homeland Security shall ensure that every United States Border Patrol agent is
issued high-quality body armor that is appropriate for the climate and risks
faced by the individual officer. Each officer shall be allowed to select from
among a variety of approved brands and styles. Officers shall be strongly
encouraged, but not mandated, to wear such body armor whenever practicable. All
body armor shall be replaced at least every 5 years.</text>
</section><section id="H49CCA47563DB44C69D5C54860565CCA4"><enum>113.</enum><header>Weapons</header><text display-inline="no-display-inline">The Secretary of Homeland Security shall
ensure that United States Border Patrol agents are equipped with weapons that
are reliable and effective to protect themselves, their fellow officers, and
innocent third parties from the threats posed by armed criminals. In addition,
the Secretary shall ensure that the Department’s policies allow all such
officers to carry weapons that are suited to the potential threats that they
face.</text>
</section><section id="H00E93CB224E747F9AD418918ED05AF4B"><enum>114.</enum><header>Uniforms</header><text display-inline="no-display-inline">The Secretary of Homeland Security shall
ensure that all United States Border Patrol agents are provided with all
necessary uniform items, including outerwear suited to the climate, footwear,
belts, holsters, and personal protective equipment, at no cost to such agents.
Such items shall be replaced at no cost to such agents as they become worn,
unserviceable, or no longer fit properly.</text>
</section><section id="H85A3FBEECFD64A40AAB3DD29A95DC7E6"><enum>115.</enum><header>Task
force</header>
<subsection id="H0CBF30C470D84BEAAA3B3A5E9EBF1D0E"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">There is established
a task force to be known as the ATF, DEA, and Border Patrol Task Force. The
task force shall be composed of members appointed by the President from among
representatives of the United States Border Patrol, the Drug Enforcement
Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
There shall be an equal number of representatives from each agency.</text>
</subsection><subsection id="HC15E313AB825474785AF053D666C51CB"><enum>(b)</enum><header>Duties</header><text>The
task force shall meet not less than once per month during a 2-year period in
order to monitor and report to the Congress and to the President on the trade
and sale of drugs, alcohol, tobacco, firearms, and explosives along the borders
of the United States. Twice a year during such period, the task force shall
submit a report to the Committee on the Judiciary and the Committee on Homeland
Security of the United States House of Representatives and of the
Senate.</text>
</subsection><subsection id="HCB99F916D89F4F07B41C3E868D097D19"><enum>(c)</enum><header>Termination</header><text>The
task force shall terminate upon the expiration of the 2-year period beginning
on the date of the appointment of the last member appointed under this
section.</text>
</subsection></section><enum>II</enum><header>Border
Relief</header>
<section id="H4B6329F1E9CD4EBA9C131071CDC9F1AB"><enum>201.</enum><header>Border relief
grant program</header>
<subsection id="HA2140DDB17E64EC49B21BB34D87737F"><enum>(a)</enum><header>In
general</header><text>From amounts made available under section 202, the
Attorney General may make border security grants to—</text>
<paragraph id="H614C4D011BF84978860923FC929FA760"><enum>(1)</enum><text>sheriffs’ offices
of counties any part of which is within 25 miles of the southern border of the
United States; and</text>
</paragraph><paragraph id="H847DF2D6E39A4A94853DDEB715CA14F6"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection id="HB66162E880D94777A9686309B4856EC"><enum>(b)</enum><header>Use of
funds</header>
<paragraph id="HAECEC066FD184A7500E3005322396315"><enum>(1)</enum><header>In
general</header><text>Grant funds received under subsection (a) may be used for
the following activities:</text>
<subparagraph id="H7E37D84D757048E49243F8DAFF87009C"><enum>(A)</enum><text>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.</text>
</subparagraph><subparagraph id="H0B66A46AA4164961B41696E777886F8D"><enum>(B)</enum><text>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.</text>
</subparagraph><subparagraph id="HBABB00F649844701BEE0FEBC90D87FA3"><enum>(C)</enum><text>To enforce State
and Federal laws relating to securing the border and enforce other State and
Federal criminal laws.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HF432D270DB754F50A3647B41AE188771"><enum>(2)</enum><header>Payment of
costs</header><text>Use of funds under paragraph (1) shall include payment for
costs of—</text>
<subparagraph id="HAA40044CE71D4B0085F39600F092AF87"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection id="H3CF29D1794324C8E991E99C74805C145"><enum>(c)</enum><header>Application</header>
<paragraph id="HA534A748225D4EFB893453C370AA9740"><enum>(1)</enum><header>In
general</header><text>Each eligible law enforcement agency seeking a grant
under this section shall submit to the Attorney General an application at such
time, in such manner, and accompanied by such information as the Attorney
General may require.</text>
</paragraph><paragraph id="H398712108FE64E3386C0FB6BC7B6E77"><enum>(2)</enum><header>Contents</header><text>Each
application submitted pursuant to paragraph (1) shall—</text>
<subparagraph id="H99782D68158A465C9379C5B51C8C3F3F"><enum>(A)</enum><text>describe the
activities for which assistance under this section is sought; and</text>
</subparagraph><subparagraph id="H111EE3158C4B40A094FCACE5FB7806F"><enum>(B)</enum><text>provide such
additional assurances as the Attorney General determines to be essential to
ensure compliance with the requirements of this section.</text>
</subparagraph></paragraph></subsection></section><section id="HC58F80A4BAD34465B58DEC979D45E4E1"><enum>202.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">There is
authorized to be appropriated to the Attorney General to carry out this title
$150,000,000 for fiscal year 2010 and each succeeding fiscal year.</text>
</section><section id="H64F9F0C5242648E88E2D24E0E5443CE8"><enum>203.</enum><header>Enforcement of
Federal immigration law</header><text display-inline="no-display-inline">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.</text>
</section><section id="H757CF6F7B7FE4652BE76B302F3032381"><enum>204.</enum><header>Regulations</header><text display-inline="no-display-inline">Not later than 90 days after the date of the
enactment of this title, the Attorney General shall issue regulations to carry
out this title.</text>
</section>