Border Security Enforcement Act of 2011 - Directs the Secretary of Defense (DOD) to deploy at least 6,000 National Guard personnel to perform operations in the Southwest Border region (Region) (the area in the United States that is within 150 miles of the U.S.-Mexico international border) to assist U.S. Customs and Border Protection in securing such border.
Directs the Secretary of Homeland Security (DHS) to increase, by September 30, 2016, the number of Border Patrol agents stationed in the Region by 5,000.
Directs the Attorney General (DOJ), the Secretary, and the Director of the Administrative Office of the United States Courts to: (1) implement Operation Streamline in the Region; and (2) reimburse state, local, and tribal law enforcement for related detention costs.
Authorizes the chief judge of each federal judicial district in the Region to appoint additional full-time magistrate judges who shall have the authority to hear all cases and controversies in the district in which the respective judges are appointed.
Directs the Federal Emergency Management Agency (FEMA) to enhance border enforcement preparedness and operational readiness through Operation Stonegarden.
Directs the Secretary to: (1) construct, as needed, additional Border Patrol stations in the Region to provide operational support in rural, high-trafficked areas; (2) upgrade existing Border Patrol forward operating bases and establish new bases as needed; (3) complete the construction of a permanent checkpoint near Tubac, Arizona, and deploy additional temporary roving checkpoints in the Region.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations in the Region.
Authorizes the Secretary of Agriculture (USDA) and the Secretary of the Interior to provide U.S. Customs and Border Protection personnel with access to federal lands under their respective jurisdictions (within 150 miles of the Region) for security activities.
Directs the Secretary to establish a two-year grant program to improve emergency communications for persons who live or work in the Region and who are at greater risk from border violence.
Provides for: (1) specified equipment and technology enhancements; and (2) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys' offices.
Amends the Tariff Act of 1930 to include ultralight vehicles within the definition of "aircraft" for purposes of aviation smuggling provisions.
Provides for DOD-DHS cooperation in identifying DOD equipment and technology that could be used by U.S. Customs and Border Protection to improve security along the U.S.-Mexico border by: (1) detecting border tunnels and ultralight aircraft, and (2) enhancing wide aerial surveillance.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 803 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 803
To implement a comprehensive border security plan to combat illegal
immigration, drug and alien smuggling, and violent activity in the
southwest border of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2011
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 in 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
2011''.
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) Southwest border region.--The term ``Southwest Border
region'' means the area in the United States that is within 150
miles of the international border between the United States and
Mexico.
SEC. 3. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN LAND BORDER OF
THE UNITED STATES.
(a) In General.--The Secretary of Defense shall deploy not fewer
than 6,000 National Guard personnel to perform operations and missions
under section 502(f) of title 32, United States Code, in the Southwest
Border region for the purposes of assisting U.S. Customs and Border
Protection in securing the international border between the United
States and Mexico.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions as are necessary to secure the international
border between the United States and Mexico.
(2) Nature of duty.--Duty by National Guard personnel
performing such operations and missions shall be full-time
National Guard duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and missions
assigned under subsection (b) shall include the temporary authority
to--
(1) construct fencing, including double-layer and triple-
layer fencing;
(2) increase ground-based mobile surveillance systems;
(3) deploy additional unmanned aerial systems and manned
aircraft sufficient to maintain continuous surveillance of the
international border between the United States and Mexico;
(4) deploy and provide capability for radio communications
interoperability between U.S. Customs and Border Protection and
State, local, and tribal law enforcement agencies;
(5) construct checkpoints along the border to bridge the
gap to long-term permanent checkpoints; and
(6) conduct mobile patrols and provide assistance to U.S.
Customs and Border Protection, particularly in rural, high-
trafficked areas, as designated by the Commissioner, U.S.
Customs and Border Protection.
(d) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel and equipment and logistics support as is
necessary to ensure success of the operations and missions conducted by
the National Guard under subsection (a).
(e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in the calculation to determine compliance with limits on end
strength for National Guard personnel or on limits on the number of
National Guard personal that may be placed on active duty for
operational support under section 115 of title 10, United States Code.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $600,000,000 to carry out this section during the 5-year
period ending on September 30, 2016.
SEC. 4. PERSONNEL ENHANCEMENTS.
(a) U.S. Customs and Border Protection.--Not later than September
30, 2016, the Secretary shall increase the number of trained Border
Patrol agents stationed in the Southwest Border region by 5,000,
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 fiscal years 2012 through 2016.
(b) 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, U.S.
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.
(c) Danger Pay for United States Marshals Service and Bureau of
Alcohol, Tobacco, Firearms and Explosives Personnel.--Section 151 of
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(Public Law 101-246; 5 U.S.C. 5928 note) is amended by striking ``or
Federal Bureau of Investigation'' and inserting ``the Federal Bureau of
Investigation, the United States Marshals Service, or the Bureau of
Alcohol, Tobacco, Firearms and Explosives''.
(d) Authorization of Appropriations.--
(1) Border patrol personnel.--There are authorized to be
appropriated $300,000,000 for each of the fiscal years 2012
through 2016 to carry out subsection (a).
(2) U.S. marshals service.--In addition to amounts
otherwise authorized to be appropriated, there are authorized
to be appropriated $15,000,000 for each of the fiscal years
2012 through 2016, for salaries and benefits of United States
Marshals Service personnel.
(3) Other personnel.--There are authorized to be
appropriated, during the 5-year period ending on September 30,
2016--
(A) $110,000,000 for salaries and benefits for 500
new U.S. Customs and Border Protection officers; and
(B) $17,000,000 for 144 new Office of Air and
Marine pilots, vessel commanders, and support
personnel.
SEC. 5. ENHANCING EXISTING BORDER SECURITY OPERATIONS.
(a) Operation Streamline.--
(1) Implementation.--The Attorney General, the Secretary,
and the Director of the Administrative Office of the United
States Courts shall--
(A) fully implement Operation Streamline in the
Southwest Border region; and
(B) reimburse State, local, and tribal law
enforcement for any detention costs related to such
implementation.
(2) Additional magistrate judges to assist with increased
caseload along southwest border.--The chief judge of each
Federal judicial district in the Southwest Border region is
authorized to appoint additional full-time magistrate judges,
who shall have the authority to hear all cases and
controversies in the district in which the respective judges
are appointed.
(b) Operation Stonegarden.--
(1) In general.--The Federal Emergency Management Agency
shall enhance law enforcement preparedness and operational
readiness in the borders of the United States through Operation
Stonegarden.
(2) Allocation.--Of the amounts appropriated pursuant to
subsection (e), not less than 90 percent shall be allocated for
grants and reimbursement to law enforcement agencies in the
States in the Southwest Border region for personnel, overtime,
travel, and other costs related to illegal immigration and drug
smuggling in the Southwest Border region.
(c) Infrastructure Improvements.--
(1) Border patrol stations.--The Secretary shall--
(A) construct additional Border Patrol stations in
the Southwest Border region, as needed, to provide full
operational support in rural, high-trafficked areas;
and
(B) analyze the feasibility of creating additional
Border Patrol sectors along the international border
between the United States and Mexico to interrupt drug
trafficking operations.
(2) Forward operating bases.--The Secretary shall enhance
the security of the Southwest Border region by--
(A) establishing additional permanent forward
operating bases for the Border Patrol, as needed;
(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 between the United States and
Mexico.
(3) Checkpoints.--The Secretary shall--
(A) complete the construction of a permanent
checkpoint near Tubac, Arizona; and
(B) deploy additional temporary roving checkpoints
in the Southwest Border region.
(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 replace landing mat fencing and
construct double- and triple-layer fencing in the
Southwest Border region (as defined in section 2 of the
Border Security Enforcement Act of 2011), at locations
determined by the Secretary, after consultation with
the governors of the States in the Southwest Border
region and representatives of State, tribal, and local
law enforcement agencies.''.
(d) Border Security on Certain Federal Land.--
(1) Definitions.--In this subsection:
(A) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) with respect to land under the
jurisdiction of the Secretary of Agriculture,
the Secretary of Agriculture; and
(ii) with respect to land under the
jurisdiction of the Secretary of the Interior,
the Secretary of the Interior.
(B) Federal lands.--The term ``Federal lands''
includes all land, including a component of the
National Wilderness Preservation System, under the
control of the Secretary concerned that is located
within 150 miles of the Southwest border region.
(2) Support for border security needs.--
(A) In general.--To achieve operational control of
Federal lands--
(i) the Secretary concerned shall authorize
and provide U.S. Customs and Border Protection
personnel with immediate access to Federal
lands for security activities, including--
(I) routine motorized patrols; and
(II) the deployment of temporary
tactical infrastructure; and
(ii) the security activities described in
clause (i) shall be conducted, to the maximum
extent practicable, in a manner that the
Secretary of Homeland Security determines will
best protect the natural and cultural resources
on Federal lands.
(3) Inventory of costs and activities.--The Secretary
shall--
(A) coordinate with the Secretary concerned to
develop an inventory of costs incurred by the agencies
relating to illegal border activity on Federal lands;
and
(B) annually submit the inventory developed under
subparagraph (A) to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on the Judiciary of the
Senate;
(iii) the Committee on Appropriations of
the Senate;
(iv) the Committee on Homeland Security of
the House of Representatives;
(v) the Committee on the Judiciary of the
House of Representatives; and
(vi) the Committee on Appropriations of the
House of Representatives.
(4) Intermingled private and state land.--This subsection
shall not apply to any private or State-owned land within the
boundaries of Federal lands.
(e) Authorization of Appropriations.--
(1) Annual appropriations.--There are authorized to be
appropriated, for each of the fiscal years 2012 through 2016--
(A) $50,000,000 to carry out subsection (a);
(B) $100,000,000 to carry out subsection (b);
(C) $20,000,000 to carry out subsection (c)(2); and
(D) $50,000,000 to carry out section 102(b)(1)(A)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), as
amended by subsection (c)(4).
(2) Permanent checkpoint construction.--There is authorized
to be appropriated $30,000,000 to carry out subsection
(c)(3)(A).
(3) Detention upgrades at courthouses.--There is authorized
to be appropriated, for each of the fiscal years 2012 through
2016, $4,000,000, which shall be used to construct detention
upgrades at Federal courthouses located in the Southwest border
region.
SEC. 6. EQUIPMENT AND TECHNOLOGY.
(a) Enhancements.--The Commissioner, U.S. Customs and Border
Protection, shall--
(1) deploy additional mobile, video, and agent-portable
surveillance systems, and unmanned aerial vehicles in the
Southwest Border region 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;
(4) acquire new, rotocraft and make upgrades to the
existing helicopter fleet; and
(5) increase horse patrols in the Southwest Border region.
(b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated, there is authorized to be
appropriated $335,000,000 to U.S. Customs and Border Protection to
carry out subsection (a) during fiscal year 2012.
SEC. 7. ACCESS TO EMERGENCY PERSONNEL.
(a) Southwest Border Emergency Communications Grants.--
(1) In general.--The Secretary, in consultation with the
governors of the States in the Southwest Border region, shall
establish a 2-year grant program, to be administered by the
Secretary, to improve emergency communications in the Southwest
Border region.
(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 in the Southwest
Border region;
(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 9-1-1 service; and
(B) are equipped with global positioning systems.
(4) 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 are authorized to be
appropriated, to the Department of Homeland Security, the
Department of Justice, and the Department of the Interior,
during the 5-year period ending on September 30, 2016,
$35,000,000, which may be used--
(A) to purchase, through a competitive procurement
process, P25-compliant radios, which may include a
multi-band option, for Federal law enforcement agents
working in the Southwest border region in support of
the activities of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement, including
law enforcement agents of the Drug Enforcement
Administration, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Department of the
Interior, and the Forest Service; and
(B) to upgrade, through a competitive procurement
process, the communications network of the Department
of Justice to ensure coverage and capacity,
particularly when immediate access is needed in times
of crisis, in the Southwest Border region 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 U.S. Immigration and Customs
Enforcement and U.S. Customs and Border Protection),
the United States Marshals Service, 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 to the Department of
Justice, during the 5-year period ending on September
30, 2016, $35,000,000 to purchase, through a
competitive procurement process, P25-compliant radios,
which may include a multi-band option, for State and
local law enforcement agents working in the Southwest
Border region.
(B) Access to federal spectrum.--If a State,
tribal, or local law enforcement agency in the
Southwest Border region experiences an emergency
situation that necessitates immediate communication
with the Department of Justice, the Department of
Homeland Security, the Department of the Interior, 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. 8. SOUTHWEST BORDER PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Federally
Initiated Criminal Cases.--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.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of the fiscal years 2012 through 2016
to carry out subsection (a).
SEC. 9. DEFINITION OF AIRCRAFT UNDER AVIATION SMUGGLING PROVISIONS OF
THE TARIFF ACT OF 1930.
(a) In General.--Section 590 of the Tariff Act of 1930 (19 U.S.C.
1590) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Definition of Aircraft.--As used in this section, the term
`aircraft' includes an ultralight vehicle, as defined by the
Administrator of the Federal Aviation Administration.''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to violations of any provision of section 590 of the
Tariff Act of 1930 on or after the 30th day after the date of the
enactment of this Act.
SEC. 10. INTERAGENCY COLLABORATION.
The Assistant Secretary of Defense for Research and Engineering
shall collaborate with the Under Secretary for Science and Technology
of the Department of Homeland Security in identifying equipment and
technology used by the Department of Defense that could be used by U.S.
Customs and Border Protection to improve the security of the
international border between the United States and Mexico by--
(1) detecting border tunnels;
(2) detecting the use of ultralight aircraft;
(3) enhancing wide aerial surveillance; and
(4) otherwise improving the enforcement of such border.
SEC. 11. REPORTS.
(a) Government Accountability Office.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that includes--
(1) an analysis of the number of additional forward
operating bases and checkpoints that are necessary along the
international border between the United States and Mexico to
assist in improving border security; and
(2) the number of additional personnel, infrastructure, and
technology needed at land ports of entry along the Southwest
border to address current levels of northbound and southbound
cross-border inspections.
(b) Department of Homeland Security.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives that includes--
(1) an audit of the equipment and technology that was
procured to be used through the SBInet program; and
(2) an analysis of whether the procured equipment and
technology can continue to be used by U.S. Customs and Border
Protection.
(c) Joint Equipment and Technology Report.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Under
Secretary for Science and Technology of the Department of Homeland
Security shall submit a joint report on the results of the
collaboration under section 10 to--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Armed Services of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.
SEC. 12. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN
REVENUES.
(a) In General.--Notwithstanding any other provision of law, of all
available unobligated funds, $4,030,000,000 in appropriated
discretionary funds are rescinded.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify--
(1) the appropriation accounts from which the rescission
under subsection (a) shall apply; and
(2) the amount of such rescission that shall be applied to
each such account.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director of the Office of Management and Budget shall
submit a report to Congress and the Secretary of the Treasury that
describes the accounts and amounts determined and identified for
rescission under subsection (b).
(d) Exception.--This section shall not apply to the unobligated
funds of--
(1) the Department of Defense;
(2) the Department of Veterans Affairs; or
(3) the National Nuclear Security Administration Weapons
Activities and Naval Reactors Accounts.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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