I 112th CONGRESS 1st Session H. R. 2124 IN THE HOUSE OF REPRESENTATIVES June 3, 2011 Mr. Canseco (for himself, Mr. McCaul, and Mrs. Miller of Michigan) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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 improve the safety, security, and operational control of the international border by providing the Department of Homeland Security with an accurate definition of the term cross-border violence, to require the Secretary of Homeland Security to develop measures to quantify cross-border violence data for reporting to Congress and other entities, and for other purposes.

1.

Short title

This Act may be cited as the Southwest Cross-border Violence Recognition Act of 2011.

2.

Reduction in cross-border violence

(a)

Creation of new reporting requirements for a comprehensive evaluation of cross-Border violence

In seeking to increase security and reduce cross-border violence along the United States border, the Secretary of Homeland Security shall, not later than 180 days after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the metrics, described in subsection (c), to be used to gauge the incidents or occurrences of cross-border violence and how the resulting findings shall be quantified for periodic reporting in accordance with subsection (b). (b)

Periodic reports

Not later than 90 days after the submission of the report required under subsection (a) and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the incidents or occurrences of cross-border violence during the immediately preceding 90-day period, incorporating the metrics referred to in such subsection, and including information and crime statistics from Federal, State, local, and tribal sources. (c)

Metrics described

The metrics referred to in subsection (a) shall include such sources of information as— (1)border sheriff and State law enforcement reports on crime, vandalism, theft, burglary, apprehensions, accidents, and capital crimes; (2)reports from local hospitals in border States regarding the number of individuals (whether citizens, lawful permanent residents, or foreign nationals) treated for wounds obtained during acts of cross-border violence; (3)impact to property values and businesses along the border as a result of factors such as acts of vandalism, theft, burglary, destruction of property, and intimidation; (4)accounts of cross-border violence along the border reported by U.S. Immigrations and Customs Enforcement, U.S. Customs and Border Protection, including the Border Patrol, and other Federal departments and agencies determined appropriate by the Secretary of Homeland Security. (d)

Definitions

In this section: (1)

Cross-border violence

The term cross-border violence means— (A)any act of violence— (i)carried out by a foreign national, a citizen or lawful permanent resident of the United States, entity (whether foreign or domestic), or organization (whether foreign or domestic) (including a drug trafficking or human trafficking organization) acting in the interest of or on behalf of a foreign national, foreign organization, or foreign entity that occurs in the United States not further than 100 miles from the United States border; or (ii)that benefits any foreign national, citizen or lawful permanent resident of the United States, or entity or organization referred to in clause (i) profiting from unlawful activity across the United States border with a nexus to foreign organized crime, Foreign Drug Trafficking Organizations (DTO), or Trans-national Criminal Organization (TCO) (as such organizations are described in the September 2009 Department of Homeland Security Border Task Force recommendations report); or (B)any act of violence committed by a foreign national, entity (whether foreign or domestic), organization (whether foreign or domestic), or lawful permanent resident or citizen of the United States acting in the interest, or on behalf of, a foreign national, foreign organization, or foreign entity referred to in subparagraph (A) that is targeted at or occurs during an activity that is unlawful under Federal, State, or local law that is intentionally or unintentionally inflicted upon any individual, property, entity, or organization in the United States not further than 100 miles from the United States border, or occurring in the United States not further than 100 miles from the United States border but originating outside the United States. (2)

Violence

The term violence includes— (A)criminal violence, including the criminal use of force or threat of force occurring in the United States, as reported by Federal, State, local, or tribal law enforcement agencies; (B)border-related organized crime violence, including any act of violence that takes place in the United States with links to cross-border crime, such as drug, arms, cash, or alien smuggling or trafficking; (C)violence against law enforcement agents, including any act of violence carried out against a Federal, State, local, or tribal law enforcement agent, in association with cross-border crime; (D)border violence, including any act of violence that takes place in the United States not further than 100 miles from the United States border that has links to cross-border crime such as drug, arms, cash, or alien smuggling or trafficking or illegal migration; and (E)spillover violence, including— (i)violence that starts in Mexico as part of a conflict among Trans-national Criminal Organizations (TCOs) or between TCOs and the Government of Mexico that carries over into the United States or threatens United States personnel or interests in Mexico; and (ii)offensive violence organized or directed by TCOs against United States personnel or interests in the United States or Mexico.