II 111th CONGRESS 2d Session S. 3332 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.

1.

Short title

This Act may be cited as the Border Security Enforcement Act of 2010.

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.

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.

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.

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).

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.

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).

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.