[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 77 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 77

  To provide for emergency deployments of United States Border Patrol 
   agents and to increase the number of DEA and ATF agents along the 
  international border of the United States to increase resources to 
identify and eliminate illicit sources of firearms into Mexico for use 
    by violent drug trafficking organizations and for other lawful 
                  activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

   Ms. Jackson Lee of Texas introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
Committee on the Judiciary, 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 provide for emergency deployments of United States Border Patrol 
   agents and to increase the number of DEA and ATF agents along the 
  international border of the United States to increase resources to 
identify and eliminate illicit sources of firearms into Mexico for use 
    by violent drug trafficking organizations and for other lawful 
                  activities, 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 Security, 
Cooperation, and Act Now Drug War Prevention Act of 2011''.
    (b) Table of Contents.--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 State 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.

SEC. 2. FINDINGS.

    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.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

    (a) In General.--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.
    (b) Consultation.--The Secretary of Homeland Security shall consult 
with the President upon receipt of a request under subsection (a), and 
shall grant such request 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.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in accordance with all collective bargaining 
agreements and obligations.

SEC. 102. EMERGENCY DEPLOYMENT OF DEA AGENTS.

    (a) In General.--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.
    (b) Consultation.--The Attorney General shall consult with the 
President upon receipt of a request under subsection (a), and shall 
grant such request 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.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in accordance with all collective bargaining 
agreements and obligations.

SEC. 103. EMERGENCY DEPLOYMENT OF ATF AGENTS.

    (a) In General.--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.
    (b) Consultation.--The Attorney General shall consult with the 
President upon receipt of a request under subsection (a), and shall 
grant such request 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.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in accordance with all collective bargaining 
agreements and obligations.

SEC. 104. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER 
              PATROL AGENTS.

    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.

SEC. 105. HELICOPTERS AND POWER BOATS.

    (a) In General.--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.
    (b) Use and Training.--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.

SEC. 106. CONTROL OF UNITED STATES BORDER PATROL ASSETS.

    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.

SEC. 107. MOTOR VEHICLES.

    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 three 
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 ``panic button'' 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 three years.

SEC. 108. PORTABLE COMPUTERS.

    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.

SEC. 109. RADIO COMMUNICATIONS.

    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 
``panic button'' 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.

SEC. 110. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

    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.

SEC. 111. NIGHT VISION EQUIPMENT.

    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.

SEC. 112. BORDER ARMOR.

    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 five years.

SEC. 113. WEAPONS.

    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 policies of the Department of 
Homeland Security allow all such officers to carry weapons that are 
suited to the potential threats that they face.

SEC. 114. UNIFORMS.

    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.

SEC. 115. TASK FORCE.

    (a) In General.--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.
    (b) Duties.--The task force shall meet not less than once per month 
during a two-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 the Committee on the 
Judiciary and the Committee on Homeland Security and Governmental 
Affairs of the Senate.
    (c) Termination.--The task force shall terminate upon the 
expiration of the two-year period beginning on the date of the 
appointment of the last member appointed under this section.

                        TITLE II--BORDER RELIEF

SEC. 201. BORDER RELIEF GRANT PROGRAM.

    (a) In General.--From amounts made available under section 202, the 
Attorney General 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.
    (c) Application.--
            (1) In general.--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.
            (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 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this section.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Attorney General to 
carry out this title $150,000,000 for fiscal year 2011 and each 
succeeding fiscal year.

SEC. 203. 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. 204. REGULATIONS.

    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.
                                 <all>