I 

112TH CONGRESS 

1ST SESSION H. R. 2124 

To improve the safety, security, and operational control of the international 

border by providing the Department of Homeland Security with an 

accurate definition of the term ‘‘cross-border violence’’, to require the 

Secretary of Homeland Security to develop measures to quantify crossborder violence data for reporting to Congress and other entities, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2011 

Mr. CANSECO (for himself, Mr. MCCAUL, and Mrs. MILLER of Michigan) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Homeland Security, 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 improve the safety, security, and operational control of 

the international border by providing the Department 

of Homeland Security with an accurate definition of the 

term ‘‘cross-border violence’’, to require the Secretary 

of Homeland Security to develop measures to quantify 

cross-border violence data for reporting to Congress and 

other entities, 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. 

2 This Act may be cited as the ‘‘Southwest Cross-bor3 der Violence Recognition Act of 2011’’. 

4 SEC. 2. REDUCTION IN CROSS-BORDER VIOLENCE. 

5 (a) CREATION OF NEW REPORTING REQUIREMENTS

6 FOR A COMPREHENSIVE EVALUATION OF CROSS-BORDER

7 VIOLENCE.—In seeking to increase security and reduce 

8 cross-border violence along the United States border, the 

9 Secretary of Homeland Security shall, not later than 180 

10 days after the date of the enactment of this Act, submit 

11 to the Committee on Homeland Security of the House of 

12 Representatives and the Committee on Homeland Security 

13 and Governmental Affairs of the Senate a report on the 

14 metrics, described in subsection (c), to be used to gauge 

15 the incidents or occurrences of cross-border violence and 

16 how the resulting findings shall be quantified for periodic 

17 reporting in accordance with subsection (b). 

18 (b) PERIODIC REPORTS.—Not later than 90 days 

19 after the submission of the report required under sub20 section (a) and every 90 days thereafter, the Secretary of 

21 Homeland Security shall submit to the Committee on 

22 Homeland Security of the House of Representatives and 

23 the Committee on Homeland Security and Governmental 

24 Affairs of the Senate a report on the incidents or occur25 rences of cross-border violence during the immediately 

26 preceding 90-day period, incorporating the metrics reVerDate Mar 15 2010 22:17 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124

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1 ferred to in such subsection, and including information 

2 and crime statistics from Federal, State, local, and tribal 

3 sources. 

4 (c) METRICS DESCRIBED.—The metrics referred to 

5 in subsection (a) shall include such sources of information 

6 as— 

7 (1) border sheriff and State law enforcement 

8 reports on crime, vandalism, theft, burglary, appre9 hensions, accidents, and capital crimes; 

10 (2) reports from local hospitals in border States 

11 regarding the number of individuals (whether citi12 zens, lawful permanent residents, or foreign nation13 als) treated for wounds obtained during acts of 

14 cross-border violence; 

15 (3) impact to property values and businesses 

16 along the border as a result of factors such as acts 

17 of vandalism, theft, burglary, destruction of prop18 erty, and intimidation; 

19 (4) accounts of cross-border violence along the 

20 border reported by U.S. Immigrations and Customs 

21 Enforcement, U.S. Customs and Border Protection, 

22 including the Border Patrol, and other Federal de23 partments and agencies determined appropriate by 

24 the Secretary of Homeland Security. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) CROSS-BORDER VIOLENCE.—The term 

2 ‘‘cross-border violence’’ means— 

3 (A) any act of violence— 

4 (i) carried out by a foreign national, 

5 a citizen or lawful permanent resident of 

6 the United States, entity (whether foreign 

7 or domestic), or organization (whether for8 eign or domestic) (including a drug traf9 ficking or human trafficking organization) 

10 acting in the interest of or on behalf of a 

11 foreign national, foreign organization, or 

12 foreign entity that occurs in the United 

13 States not further than 100 miles from the 

14 United States border; or 

15 (ii) that benefits any foreign national, 

16 citizen or lawful permanent resident of the 

17 United States, or entity or organization re18 ferred to in clause (i) profiting from un19 lawful activity across the United States 

20 border with a nexus to foreign organized 

21 crime, Foreign Drug Trafficking Organiza22 tions (DTO), or Trans-national Criminal 

23 Organization (TCO) (as such organizations 

24 are described in the September 2009 DeVerDate Mar 15 2010 22:17 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124

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1 partment of Homeland Security Border 

2 Task Force recommendations report); or 

3 (B) any act of violence committed by a for4 eign national, entity (whether foreign or domes5 tic), organization (whether foreign or domestic), 

6 or lawful permanent resident or citizen of the 

7 United States acting in the interest, or on be8 half of, a foreign national, foreign organization, 

9 or foreign entity referred to in subparagraph 

10 (A) that is targeted at or occurs during an ac11 tivity that is unlawful under Federal, State, or 

12 local law that is intentionally or unintentionally 

13 inflicted upon any individual, property, entity, 

14 or organization in the United States not further 

15 than 100 miles from the United States border, 

16 or occurring in the United States not further 

17 than 100 miles from the United States border 

18 but originating outside the United States. 

19 (2) VIOLENCE.—The term ‘‘violence’’ in20 cludes— 

21 (A) criminal violence, including the crimi22 nal use of force or threat of force occurring in 

23 the United States, as reported by Federal, 

24 State, local, or tribal law enforcement agencies; 


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1 (B) border-related organized crime vio2 lence, including any act of violence that takes 

3 place in the United States with links to cross4 border crime, such as drug, arms, cash, or alien 

5 smuggling or trafficking; 

6 (C) violence against law enforcement 

7 agents, including any act of violence carried out 

8 against a Federal, State, local, or tribal law en9 forcement agent, in association with cross-bor10 der crime; 

11 (D) border violence, including any act of 

12 violence that takes place in the United States 

13 not further than 100 miles from the United 

14 States border that has links to cross-border 

15 crime such as drug, arms, cash, or alien smug16 gling or trafficking or illegal migration; and 

17 (E) spillover violence, including— 

18 (i) violence that starts in Mexico as 

19 part of a conflict among Trans-national 

20 Criminal Organizations (TCOs) or between 

21 TCOs and the Government of Mexico that 

22 carries over into the United States or 

23 threatens United States personnel or inter24 ests in Mexico; and 


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1 (ii) offensive violence organized or di2 rected by TCOs against United States per3 sonnel or interests in the United States or 

4 Mexico. 

Æ 


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