US Codex
Bill
Notes

Title I — General Provisions

H.R. 72 · 113th Congress · Jan 3, 2013 · Lineage

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.