Border Reinforcement and Violence Reduction Act of 2009

Border Reinforcement and Violence Reduction Act of 2009 (Introduced in House)

HR 1448 IH

111th CONGRESS

1st Session

H. R. 1448

To authorize the Secretary of Homeland Security and the Attorney General to increase resources to identify and eliminate illicit sources of firearms smuggled into Mexico for use by violent drug trafficking organizations and for other unlawful activities by providing for border security grants to local law enforcement agencies and reinforcing Federal resources on the border, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 11, 2009

Mr. RODRIGUEZ (for himself, Mr. TEAGUE, Ms. GIFFORDS, Mr. ORTIZ, Mr. HINOJOSA, Mr. GRIJALVA, Mr. FILNER, Mr. EDWARDS of Texas, Mr. GENE GREEN of Texas, Mr. CUELLAR, and Mr. REYES) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security and Foreign Affairs, 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 authorize the Secretary of Homeland Security and the Attorney General to increase resources to identify and eliminate illicit sources of firearms smuggled into Mexico for use by violent drug trafficking organizations and for other unlawful activities by providing for border security grants to local law enforcement agencies and reinforcing Federal resources on the border, 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 Reinforcement and Violence Reduction Act of 2009'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT

Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Border relief grant program.

Sec. 104. Authorization of appropriations.

Sec. 105. Enforcement of Federal immigration law.

Sec. 106. Regulations.

TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION

Sec. 201. Short title.

Sec. 202. Project Gunrunner.

Sec. 203. Enhanced international cooperation.

Sec. 204. Operation Armas Cruzadas.

Sec. 205. Vehicle inspections.

Sec. 206. Affirmation of Second Amendment.

TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT

SECTION 101. SHORT TITLE.

This Act may be cited as the `Border Law Enforcement Enhancement Act of 2009'.

SEC. 102. FINDINGS.

Congress finds the following:

(1) It is the obligation of the Federal Government to adequately secure the borders of the United States and prevent the flow of undocumented persons and illegal drugs into the United States in order to better secure such borders.

(2) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.

(3) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.

(4) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border security related crimes.

(5) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico . Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with border security, narcoterrorism, and other border-related crimes.

(6) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region.

SEC. 103. BORDER RELIEF GRANT PROGRAM.

(a) In General- From amounts made available under section 104, the Secretary of Homeland Security 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; and

(B) detaining, housing, and transporting aliens who are unlawfully present in the United States and who are taken into custody by the grant recipient, until such aliens are transferred to appropriate Federal law enforcement officials.

(3) DETENTION FACILITIES- In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities.

(c) Application-

(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit to the Secretary of Homeland Security an application at such time, in such manner, and accompanied by such information as the Secretary 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 Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary of Homeland Security to carry out this title $150,000,000 for fiscal year 2010 and each succeeding fiscal year.

SEC. 105. 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. 106. REGULATIONS.

Not later than 90 days after the date of the enactment of this title, the Secretary of Homeland Security shall issue regulations to carry out this title.

TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION

SEC. 201. SHORT TITLE.

This Act may be cited as the `Southwest Border Violence Reduction Act of 2009'.

SEC. 202. PROJECT GUNRUNNER.

(a) In General- The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico .

(b) Activities- In carrying out this section, the Attorney General shall--

(1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams;

(2) establish not fewer than 1 Project Gunrunner team in each State along the international border between the United States and Mexico ; and

(3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner.

(c) Additional Staff- The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner.

(d) Authorization of Appropriations- There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section.

SEC. 203. ENHANCED INTERNATIONAL COOPERATION.

(a) In General- The Attorney General, in cooperation with the Secretary of State, shall--

(1) assign agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States mission in Mexico , to work with Mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises;

(2) provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in Mexico ; and

(3) support the training of Mexican law enforcement officers in serial number restoration techniques, canine explosive detection, and antitrafficking tactics.

(b) Authorization of Appropriations- There is authorized to be appropriated $9,500,000 for each of fiscal years 2010 and 2011 to carry out this section.

SEC. 204. OPERATION ARMAS CRUZADAS.

(a) In General- In accordance with subsection (b), the Secretary of Homeland Security shall dedicate and expand the resources provided for Operation Armas Cruzadas of United States Immigration and Customs Enforcement (ICE) to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms and in other unlawful activities across the international border between the United States and Mexico .

(b) Resources- To achieve the goal described in subsection (a), the Secretary of Homeland Security shall--

(1) increase the number of ICE agents assigned to Operation Armas Cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section;

(2) increase the number of Border Enforcement Security Task Force (BEST) teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section; and

(3) coordinate with the heads of other relevant Federal, State, and local law enforcement agencies to address firearms trafficking in a comprehensive manner.

(c) Authorization of Appropriations- There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section.

SEC. 205. VEHICLE INSPECTIONS.

The Secretary of Homeland Security shall coordinate with the heads of other relevant Federal, State, and local law enforcement agencies along the border to develop a comprehensive and strategic plan for the inspection of vehicles heading into Mexico .

SEC. 206. AFFIRMATION OF SECOND AMENDMENT.

Nothing in this title shall be construed to restrict or limit the use and ownership of legal handguns and firearms by law-abiding gun owners.