I 

111TH CONGRESS 

1ST SESSION H. R. 1900 

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 

APRIL 2, 2009 

Ms. JACKSON-LEE of Texas (for herself and Mr. POE 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Border Security, Cooperation, and Act Now Drug War 

4 Prevention Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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 States 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. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) In 2008, the violence between Mexican drug 

10 gangs fighting for trafficking routes to the United 

11 States killed approximately 6,000 people in Mexico, 

12 including more than 500 police officers and soldiers. 


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1 (2) In the first eight weeks of 2009, more than 

2 1,000 people were killed as a result of the drug war. 

3 (3) In March 2009, Mexico sent an additional 

4 3,200 soldiers to the border, increasing the total 

5 number of Mexican solders combating drug cartels 

6 to more than 45,000. 

7 (4) Over 200 United States citizens have been 

8 killed in the drug war, either because they were in9 volved in the cartels or were innocent bystanders. 

10 (5) The drug trade in Mexico include mari11 juana, heroin, cocaine, and methamphetamine 

12 (meth). 

13 (6) Mexico is the conduit for most of the co14 caine—approximately 90 percent—in the United 

15 States, the source for much of the heroin consumed 

16 in this country, and the largest foreign supplier of 

17 marijuana and meth to other markets. 

18 (7) Estimates indicate a vast majority of the 

19 cocaine available in the United States market is 

20 smuggled by Mexican cartels across the United 

21 States-Mexico border. 

22 (8) Cartels are becoming increasingly involved 

23 in the trafficking of meth because of the large profit 

24 margins they obtain from controlling the drug from 

25 manufacture to distribution. 


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1 (9) The drug cartels have criminal earnings in 

2 excess of $25 billion per year and physically send 

3 more than $10 billion a year in bulk cash back into 

4 Mexico from the United States. 

5 (10) According to the 2009 National Drug 

6 Threat Assessment, Mexican drug trafficking organi7 zations are the greatest drug trafficking threat to 

8 the United States. 

9 (11) Mexico’s cartels have existed for some 

10 time, but have become increasingly powerful in re11 cent years with the demise of once powerful cartels 

12 in Colombia and the closure of trafficking routes 

13 through Florida. 

14 (12) The Colombian cartels still play a role in 

15 the United States drug trade. 

16 (13) The Drug Enforcement Administration 

17 (DEA) maintains that the Mexican cartels now com18 mand and control the drug trade and show the hall19 marks of organized crime, such as organizing into 

20 distinct cells with subordinate cells, including gangs, 

21 which operate throughout the United States. 

22 (14) Mexican cartels control drug distribution 

23 in most United States cities, and they are gaining 

24 strength in markets that they do not yet control. 

25 The 2009 National Drug Threat Assessment indiVerDate Nov 24 2008 00:00 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1900.IH H1900

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1 cates that Mexican cartels maintain drug distribu2 tion networks or supply drugs to distributors in at 

3 least 230 United States cities, including in Alaska 

4 and Hawaii. 

5 (15) The Federal Government provides States 

6 and local governments with assistance in covering 

7 the costs related to the fight against the drug cartels 

8 and the prosecution of such drug cases, local law en9 forcement along the border is in need of assistance 

10 in covering expenses. Local law enforcement uses its 

11 limited resources to combat drug trafficking, human 

12 smuggling, kidnappings, the destruction of private 

13 property, and other border security related crimes. 

14 The United States shares 1,989 miles along its bor15 der with Mexico. Federal assistance is required to 

16 help local law enforcement. 

17 TITLE I—GENERAL PROVISIONS 

18 SEC. 101. EMERGENCY DEPLOYMENT OF UNITED STATES 

19 BORDER PATROL AGENTS. 

20 (a) IN GENERAL.—If the Governor of a State on an 

21 international border of the United States declares an 

22 international border security emergency, including actions 

23 involving Mexican drug gangs fighting for trafficking 

24 routes involved in violent drug wars, and requests addi25 tional United States Border Patrol agents from the SecVerDate Nov 24 2008 00:00 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1900.IH H1900

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1 retary of Homeland Security, the Secretary is authorized, 

2 subject to subsections (b) and (c), to provide the State 

3 with up to 500 additional United States Border Patrol 

4 agents for the purpose of patrolling and defending the 

5 international border, in order to prevent individuals from 

6 crossing the international border and entering the United 

7 States at any location other than an authorized port of 

8 entry. 

9 (b) CONSULTATION.—The Secretary of Homeland 

10 Security shall consult with the President upon receipt of 

11 a request under subsection (a), and shall grant it to the 

12 extent that providing the requested assistance will not sig13 nificantly impair the Department of Homeland Security’s 

14 ability to provide border security for any other State. 

15 (c) COLLECTIVE BARGAINING.—Emergency deploy16 ments under this section shall be made in conformance 

17 with all collective bargaining agreements and obligations. 

18 SEC. 102. EMERGENCY DEPLOYMENT OF DEA AGENTS. 

19 (a) IN GENERAL.—If the Governor of a State on an 

20 international border of the United States declares an 

21 international border security emergency and requests ad22 ditional Drug Enforcement Administration (DEA) agents 

23 from the Attorney General, the Attorney General is au24 thorized, subject to subsections (b) and (c), to provide the 

25 State with up to 500 additional DEA agents for the purVerDate Nov 24 2008 00:00 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1900.IH H1900

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1 pose of combating the inflow of drugs along trafficking 

2 routes to the United States. 

3 (b) CONSULTATION.—The Attorney General shall 

4 consult with the President upon receipt of a request under 

5 subsection (a), and shall grant it to the extent that pro6 viding the requested assistance will not significantly im7 pair the Attorney General’s ability to provide DEA agents 

8 for any other State. 

9 (c) COLLECTIVE BARGAINING.—Emergency deploy10 ments under this section shall be made in conformance 

11 with all collective bargaining agreements and obligations. 

12 SEC. 103. EMERGENCY DEPLOYMENT OF ATF AGENTS. 

13 (a) IN GENERAL.—If the Governor of a State on an 

14 international border of the United States declares an 

15 international border security emergency and requests ad16 ditional Bureau of Alcohol, Tobacco, Firearms, and Explo17 sives (ATF) agents from the Attorney General, the Attor18 ney General is authorized, subject to subsections (b) and 

19 (c), to provide the State with up to 500 additional ATF 

20 agents for the purpose of combating the inflow of fire21 arms, explosives, alcohol, and tobacco along smuggling 

22 routes to the United States. 

23 (b) CONSULTATION.—The Attorney General shall 

24 consult with the President upon receipt of a request under 

25 subsection (a), and shall grant it to the extent that proVerDate Nov 24 2008 00:00 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1900.IH H1900

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1 viding the requested assistance will not significantly im2 pair the Attorney General’s ability to provide ATF agents 

3 for any other State. 

4 (c) COLLECTIVE BARGAINING.—Emergency deploy5 ments under this section shall be made in conformance 

6 with all collective bargaining agreements and obligations. 

7 SEC. 104. ELIMINATION OF FIXED DEPLOYMENT OF UNITED 

8 STATES BORDER PATROL AGENTS. 

9 The Secretary of Homeland Security shall ensure 

10 that no United States Border Patrol agent is precluded 

11 from performing patrol duties and apprehending violators 

12 of law, except in unusual circumstances where the tem13 porary use of fixed deployment positions is necessary. 

14 SEC. 105. HELICOPTERS AND POWER BOATS. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall increase by not fewer than 100 the number of 

17 United States Border Patrol helicopters, and shall in18 crease by not fewer than 250 the number of United States 

19 Border Patrol power boats. The Secretary of Homeland 

20 Security shall ensure that appropriate types of helicopters 

21 are procured for the various missions being performed. 

22 The Secretary of Homeland Security also shall ensure that 

23 the types of power boats that are procured are appropriate 

24 for both the waterways in which they are used and the 

25 mission requirements. 


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1 (b) USE AND TRAINING.—The Secretary of Home2 land Security shall establish an overall policy on how the 

3 helicopters and power boats described in subsection (a) 

4 will be used and implement training programs for the 

5 agents who use them, including safe operating procedures 

6 and rescue operations. 

7 SEC. 106. CONTROL OF UNITED STATES BORDER PATROL 

8 ASSETS. 

9 The United States Border Patrol shall have complete 

10 and exclusive administrative and operational control over 

11 all the assets utilized in carrying out its mission, includ12 ing, aircraft, watercraft, vehicles, detention space, trans13 portation, and all of the personnel associated with such 

14 assets. 

15 SEC. 107. MOTOR VEHICLES. 

16 The Secretary of Homeland Security shall establish 

17 a fleet of motor vehicles appropriate for use by the United 

18 States Border Patrol that will permit a ratio of at least 

19 one police-type vehicle per every 3 United States Border 

20 Patrol agents. Additionally, the Secretary of Homeland 

21 Security shall ensure that there are sufficient numbers 

22 and types of other motor vehicles to support the mission 

23 of the United States Border Patrol. All vehicles will be 

24 chosen on the basis of appropriateness for use by the 

25 United States Border Patrol, and each vehicle shall have 


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1 a ‘‘panic button’’ and a global positioning system device 

2 that is activated solely in emergency situations for the 

3 purpose of tracking the location of an agent in distress. 

4 The police-type vehicles shall be replaced at least every 

5 3 years. 

6 SEC. 108. PORTABLE COMPUTERS. 

7 The Secretary of Homeland Security shall ensure 

8 that each police-type motor vehicle in the fleet of the 

9 United States Border Patrol is equipped with a portable 

10 computer with access to all necessary law enforcement 

11 databases and otherwise suited to the unique operational 

12 requirements of the United States Border Patrol. 

13 SEC. 109. RADIO COMMUNICATIONS. 

14 The Secretary of Homeland Security shall augment 

15 the existing radio communications system so all law en16 forcement personnel working in every area where United 

17 States Border Patrol operations are conducted have clear 

18 and encrypted two-way radio communication capabilities 

19 at all times. Each portable communications device shall 

20 be equipped with a ‘‘panic button’’ and a global posi21 tioning system device that is activated solely in emergency 

22 situations for the purpose of tracking the location of the 

23 agent in distress. 


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1 SEC. 110. HAND-HELD GLOBAL POSITIONING SYSTEM DE2 VICES. 

3 The Secretary of Homeland Security shall ensure 

4 that each United States Border Patrol agent is issued a 

5 state-of-the-art hand-held global positioning system device 

6 for navigational purposes. 

7 SEC. 111. NIGHT VISION EQUIPMENT. 

8 The Secretary of Homeland Security shall ensure 

9 that sufficient quantities of state-of-the-art night vision 

10 equipment are procured and maintained to enable each 

11 United States Border Patrol agent working during the 

12 hours of darkness to be equipped with a portable night 

13 vision device. 

14 SEC. 112. BORDER ARMOR. 

15 The Secretary of Homeland Security shall ensure 

16 that every United States Border Patrol agent is issued 

17 high-quality body armor that is appropriate for the climate 

18 and risks faced by the individual officer. Each officer shall 

19 be allowed to select from among a variety of approved 

20 brands and styles. Officers shall be strongly encouraged, 

21 but not mandated, to wear such body armor whenever 

22 practicable. All body armor shall be replaced at least every 

23 5 years. 

24 SEC. 113. WEAPONS. 

25 The Secretary of Homeland Security shall ensure 

26 that United States Border Patrol agents are equipped 


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1 with weapons that are reliable and effective to protect 

2 themselves, their fellow officers, and innocent third parties 

3 from the threats posed by armed criminals. In addition, 

4 the Secretary shall ensure that the Department’s policies 

5 allow all such officers to carry weapons that are suited 

6 to the potential threats that they face. 

7 SEC. 114. UNIFORMS. 

8 The Secretary of Homeland Security shall ensure 

9 that all United States Border Patrol agents are provided 

10 with all necessary uniform items, including outerwear suit11 ed to the climate, footwear, belts, holsters, and personal 

12 protective equipment, at no cost to such agents. Such 

13 items shall be replaced at no cost to such agents as they 

14 become worn, unserviceable, or no longer fit properly. 

15 SEC. 115. TASK FORCE. 

16 (a) IN GENERAL.—There is established a task force 

17 to be known as the ATF, DEA, and Border Patrol Task 

18 Force. The task force shall be composed of members ap19 pointed by the President from among representatives of 

20 the United States Border Patrol, the Drug Enforcement 

21 Administration, and the Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives. There shall be an equal number of 

23 representatives from each agency. 

24 (b) DUTIES.—The task force shall meet not less than 

25 once per month during a 2-year period in order to monitor 


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1 and report to the Congress and to the President on the 

2 trade and sale of drugs, alcohol, tobacco, firearms, and 

3 explosives along the borders of the United States. Twice 

4 a year during such period, the task force shall submit a 

5 report to the Committee on the Judiciary and the Com6 mittee on Homeland Security of the United States House 

7 of Representatives and of the Senate. 

8 (c) TERMINATION.—The task force shall terminate 

9 upon the expiration of the 2-year period beginning on the 

10 date of the appointment of the last member appointed 

11 under this section. 

12 TITLE II—BORDER RELIEF 

13 SEC. 201. BORDER RELIEF GRANT PROGRAM. 

14 (a) IN GENERAL.—From amounts made available 

15 under section 202, the Attorney General may make border 

16 security grants to— 

17 (1) sheriffs’ offices of counties any part of 

18 which is within 25 miles of the southern border of 

19 the United States; and 

20 (2) police departments serving a city, town, or 

21 other political subdivision in a county any part of 

22 which is within 25 miles of the southern border of 

23 the United States (including tribal police depart24 ments serving a community any part of which is 

25 within 25 miles of such border). 


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1 (b) USE OF FUNDS.— 

2 (1) IN GENERAL.—Grant funds received under 

3 subsection (a) may be used for the following activi4 ties: 

5 (A) To conduct law enforcement operations 

6 to enforce criminal laws, prevent and punish 

7 criminal activity, and protect the lives, prop8 erty, and security of the people within the juris9 diction of the grant recipient. 

10 (B) To transfer to appropriate Federal law 

11 enforcement officials aliens unlawfully present 

12 in the United States who detained or in the 

13 custody of the grant recipient. 

14 (C) To enforce State and Federal laws re15 lating to securing the border and enforce other 

16 State and Federal criminal laws. 

17 (2) PAYMENT OF COSTS.—Use of funds under 

18 paragraph (1) shall include payment for costs of— 

19 (A) hiring, equipping, training, and other20 wise controlling the operations and deployment 

21 of law enforcement officials engaged in duties 

22 described in paragraph (1), as well as the costs 

23 of paying overtime to such officials. 

24 (c) APPLICATION.— 


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1 (1) IN GENERAL.—Each eligible law enforce2 ment agency seeking a grant under this section shall 

3 submit to the Attorney General an application at 

4 such time, in such manner, and accompanied by 

5 such information as the Attorney General may re6 quire. 

7 (2) CONTENTS.—Each application submitted 

8 pursuant to paragraph (1) shall— 

9 (A) describe the activities for which assist10 ance under this section is sought; and 

11 (B) provide such additional assurances as 

12 the Attorney General determines to be essential 

13 to ensure compliance with the requirements of 

14 this section. 

15 SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated to the Attor17 ney General to carry out this title $150,000,000 for fiscal 

18 year 2010 and each succeeding fiscal year. 

19 SEC. 203. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

20 Nothing in this title shall be construed to authorize 

21 State or local law enforcement agencies or their officers 

22 to exercise Federal immigration law enforcement author23 ity. 


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1 SEC. 204. REGULATIONS. 

2 Not later than 90 days after the date of the enact3 ment of this title, the Attorney General shall issue regula4 tions to carry out this title. 

Æ 


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