[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3332 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3332

  To implement a comprehensive border security plan to combat illegal 
 immigration, drug and alien smuggling, and violent activity along the 
                 southwest border of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2010

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To implement a comprehensive border security plan to combat illegal 
 immigration, drug and alien smuggling, and violent activity along the 
                 southwest border of the United States.

    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 Security Enforcement Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Rural, high-trafficked areas.--The term ``rural, high-
        trafficked areas'' means rural areas through which drugs and 
        undocumented aliens are routinely smuggled, as designated by 
        the Commissioner of U.S. Customs and Border Protection.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Tucson sector border.--The term ``Tucson Sector 
        border'' means the 262-mile section of international border 
        between the United States and Mexico that--
                    (A) begins in Yuma County, Arizona; and
                    (B) ends at the State boundary line between Arizona 
                and New Mexico.
            (4) Yuma sector border.--The term ``Yuma Sector border'' 
        means the 110-mile section of international border between the 
        United States and Mexico that--
                    (A) begins in Pima County, Arizona; and
                    (B) ends at the State boundary line between Arizona 
                and California.

SEC. 3. PERSONNEL ENHANCEMENTS.

    (a) National Guard.--
            (1) Deployment.--In accordance with section 328 of title 
        32, United States Code, the Governor of Arizona, with the 
        consent of the Secretary of Defense, may--
                    (A) order 3,000 members of the Arizona National 
                Guard and other National Guard units to perform Active 
                Guard and Reserve duty, by immediately deploying along 
                the Tucson Sector border and the Yuma Sector border; 
                and
                    (B) construct and maintain appropriate surveillance 
                platforms to facilitate such deployment.
            (2) Certification.--The deployment described in paragraph 
        (1) shall continue until the Governor of Arizona certifies, in 
        consultation with State, local, and tribal law enforcement, 
        that the Federal Government has achieved operational control of 
        the Tucson Sector border and the Yuma Sector border.
    (b) United States Customs and Border Protection.--Not later than 
January 1, 2015, the Secretary shall increase the number of trained 
Border Patrol agents stationed along the Tucson Sector border and the 
Yuma Sector border by 3,000, compared to the number of agents at such 
locations as of the date of the enactment of this Act. The Secretary 
shall make progress in increasing such number of trained Border Patrol 
agents during each of the years 2010 through 2015.
    (c) Hardship Duty Pay.--In addition to compensation to which Border 
Patrol agents are otherwise entitled, Border Patrol agents who are 
assigned to rural, high-trafficked areas shall be entitled to receive 
hardship duty pay, in an amount determined by the Commissioner, Customs 
and Border Protection, which may not exceed the rate of special pay to 
which members of a uniformed service are entitled under section 310 of 
title 37, United States Code.

SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS.

    (a) Operation Streamline.--There are authorized to be appropriated 
to the Department of Homeland Security, for each of fiscal years 2010 
through 2020, such sums as may be necessary--
            (1) to fully implement Operation Streamline along the 
        Tucson Sector border and the Yuma Sector border; and
            (2) to reimburse State, local, and tribal law enforcement 
        for any detention costs related to such implementation.
    (b) Operation Stonegarden.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Federal Emergency Management Agency, 
        for each of the fiscal years 2010 through 2020, $100,000,000, 
        which shall be used to enhance law enforcement preparedness and 
        operational readiness along the borders of the United States 
        through Operation Stonegarden.
            (2) Allocation.--Of the amounts appropriated pursuant to 
        paragraph (1), not less than 90 percent shall be allocated for 
        grants and reimbursement to law enforcement agencies in the 
        States bordering Mexico for personnel, overtime, travel, and 
        other costs related to illegal immigration and drug smuggling 
        along the international border between the United States and 
        Mexico.
    (c) Infrastructure Improvements.--
            (1) Border patrol stations.--The Secretary shall--
                    (A) construct additional Border Patrol stations 
                along the Tucson Sector border, as needed, to provide 
                full operational support in rural, high-trafficked 
                areas; and
                    (B) analyze the feasibility of creating an 
                additional Border Patrol sector in eastern Arizona and 
                western New Mexico to interrupt drug trafficking 
                operations.
            (2) Forward operating bases.--The Secretary shall enhance 
        the security of the Tucson Sector border by--
                    (A) establishing at least 6 additional permanent 
                forward operating bases for the Border Patrol;
                    (B) upgrading the existing forward operating bases 
                to include modular buildings, electricity, and potable 
                water; and
                    (C) ensuring that forward operating bases surveil 
                and interdict individuals entering the United States 
                unlawfully immediately after such an individual crosses 
                the international border into the United States.
            (3) Checkpoints.--The Secretary shall--
                    (A) complete the construction of a permanent 
                checkpoint near Tubac, Arizona; and
                    (B) deploy additional temporary roving checkpoints 
                along the Tucson Sector border and the Yuma Sector 
                border.
            (4) Border fence.--Section 102(b)(1)(A) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1103 note) is amended--
                    (A) by inserting ``, not later than December 31, 
                2011,'' after ``shall''; and
                    (B) by adding at the end the following: ``The 
                Secretary shall construct double- and triple-layer 
                fencing at appropriate locations along the Tucson 
                Sector border and the Yuma Sector border, as determined 
                by the Secretary, after consultation with State, 
                tribal, and local law enforcement agencies.''.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated, for each of fiscal years 2010 through 2020, 
        such sums as may be necessary to carry out this subsection.

SEC. 5. MOBILE SURVEILLANCE.

    (a) Enhancements.--The Commissioner, Customs and Border Protection, 
shall--
            (1) deploy additional mobile surveillance systems and 
        unmanned aerial vehicles along the Tucson Sector border and the 
        Yuma Sector border as necessary to provide 24-hour operation 
        and surveillance;
            (2) operate unmanned aerial vehicles along such borders for 
        24 hours per day and for 7 days per week;
            (3) deploy additional fixed-wing aircraft and helicopters 
        along such borders; and
            (4) increase horse patrols along the Tucson Sector border.
    (b) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to United States Customs and Border Protection $50,000,000 
to carry out the activities under subsection (a).

SEC. 6. ACCESS TO EMERGENCY PERSONNEL.

    (a) Southwest Border Emergency Communications Grants.--
            (1) In general.--The Secretary, in consultation with the 
        Governor of Arizona, shall establish a 2-year grant program, to 
        be administered by the State of Arizona, to improve emergency 
        communications along the Tucson Sector border and the Yuma 
        Sector border.
            (2) Eligibility for grants.--An individual is eligible to 
        receive a grant under this subsection if the individual 
        demonstrates that he or she--
                    (A) regularly resides or works near the Tucson 
                Sector border or the Yuma Sector border;
                    (B) is at greater risk of border violence due to 
                the lack of cellular service at his or her residence or 
                business and his or her proximity to such border.
            (3) Use of grants.--Grants awarded under this subsection 
        may be used to purchase satellite telephone communications 
        systems and service that--
                    (A) can provide access to 911 service; and
                    (B) are equipped with global positioning systems.
            (4) Annual reports.--The Governor of Arizona shall submit 
        an annual report to the Secretary on activities carried out 
        with grant funds awarded under this subsection during the 
        previous year. Each such report shall include a description of 
        such activities and an assessment of the effectiveness of such 
        activities.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated $3,000,000 to carry out the grant program 
        established under this subsection.
    (b) Interoperable Communications for Law Enforcement.--
            (1) Federal law enforcement.--There is authorized to be 
        appropriated $35,000,000 to the Department of Justice--
                    (A) to purchase P-25 compliant radios, which may 
                include a multi-band option, for Federal law 
                enforcement agents working in Arizona in support of the 
                activities of United States Customs and Border 
                Protection and United States Immigration and Customs 
                Enforcement, including agents of the Drug Enforcement 
                Administration and the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives; and
                    (B) to upgrade the communications network of the 
                Department of Justice to ensure coverage and capacity, 
                particularly when immediate access is needed in times 
                of crisis, along the Tucson Sector border and the Yuma 
                Sector border for appropriate law enforcement personnel 
                of the Department of Justice (including the Drug 
                Enforcement Administration and the Bureau of Alcohol, 
                Tobacco, Firearms and Explosives), the Department of 
                Homeland Security (including United States Immigration 
                and Customs Enforcement and United States Customs and 
                Border Protection), other Federal agencies, the State 
                of Arizona, tribes, and local governments.
            (2) State and local law enforcement.--
                    (A) Authorization of appropriations.--There is 
                authorized to be appropriated $35,000,000 to the 
                Department of Justice to purchase P-25 compliant 
                radios, which may include a multi-band option, for 
                State and local law enforcement agents working in Santa 
                Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham 
                County in the State of Arizona.
                    (B) Access to federal spectrum.--If a State, 
                tribal, or local law enforcement agency in Arizona 
                experiences an emergency situation that necessitates 
                immediate communication with the Department of Justice, 
                the Department of Homeland Security, or any of their 
                respective subagencies, such law enforcement agency 
                shall have access to the spectrum assigned to such 
                Federal agency for the duration of such emergency 
                situation.

SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS.

    (a) State Criminal Alien Assistance Program.--
            (1) Reimbursement required.--The Attorney General shall 
        fully reimburse States and local governments for the costs 
        incurred by such governments to incarcerate aliens convicted of 
        criminal activity while unlawfully present in the United 
        States, in accordance with section 241(i) of the Immigration 
        and Nationality Act (8 U.S.C. 1251(i)).
            (2) Authorization of appropriations.--Section 241(i)(5)(C) 
        of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) 
        is amended by striking ``2011'' and inserting ``2020''.
    (b) Southwest Border Prosecution Initiative.--
            (1) Reimbursement to state and local prosecutors for 
        federally initiated criminal cases.--Subject to the 
        availability of appropriations, the Attorney General shall 
        reimburse State, county, tribal, and municipal governments for 
        costs associated with the prosecution and pre-trial detention 
        of federally initiated criminal cases declined by local offices 
        of the United States Attorneys.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $50,000,000 for each of the fiscal years 
        2008 through 2020 to carry out paragraph (1).

SEC. 8. MAGISTRATE JUDGE.

    The judges of the United States District Court for the District of 
Arizona shall appoint 1 full-time magistrate judge, who shall have the 
authority to hear all cases and controversies in Cochise County, 
Arizona.
                                 <all>