I 

113TH CONGRESS 

1ST SESSION H. R. 72 

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 

JANUARY 3, 2013 

Ms. JACKSON LEE 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 of 2013’’. 

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 State 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 Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H72.IH H72

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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 Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H72.IH H72

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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 such re12 quest to the extent that providing the requested assistance 

13 will not significantly impair the Department of Homeland 

14 Security’s ability to provide border security for any other 

15 State. 

16 (c) COLLECTIVE BARGAINING.—Emergency deploy17 ments under this section shall be made in accordance with 

18 all collective bargaining agreements and obligations. 

19 SEC. 102. EMERGENCY DEPLOYMENT OF DEA 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 and requests ad23 ditional Drug Enforcement Administration (DEA) agents 

24 from the Attorney General, the Attorney General is au25 thorized, subject to subsections (b) and (c), to provide the 


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1 State with up to 500 additional DEA agents for the pur2 pose of combating the inflow of drugs along trafficking 

3 routes to the United States. 

4 (b) CONSULTATION.—The Attorney General shall 

5 consult with the President upon receipt of a request under 

6 subsection (a), and shall grant such request to the extent 

7 that providing the requested assistance will not signifi8 cantly impair the Attorney General’s ability to provide 

9 DEA agents for any other State. 

10 (c) COLLECTIVE BARGAINING.—Emergency deploy11 ments under this section shall be made in accordance with 

12 all collective bargaining agreements and obligations. 

13 SEC. 103. EMERGENCY DEPLOYMENT OF ATF AGENTS. 

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

15 international border of the United States declares an 

16 international border security emergency and requests ad17 ditional Bureau of Alcohol, Tobacco, Firearms, and Explo18 sives (ATF) agents from the Attorney General, the Attor19 ney General is authorized, subject to subsections (b) and 

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

21 agents for the purpose of combating the inflow of fire22 arms, explosives, alcohol, and tobacco along smuggling 

23 routes to the United States. 

24 (b) CONSULTATION.—The Attorney General shall 

25 consult with the President upon receipt of a request under 


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1 subsection (a), and shall grant such request to the extent 

2 that providing the requested assistance will not signifi3 cantly impair the Attorney General’s ability to provide 

4 ATF agents for any other State. 

5 (c) COLLECTIVE BARGAINING.—Emergency deploy6 ments under this section shall be made in accordance with 

7 all collective bargaining agreements and obligations. 

8 SEC. 104. ELIMINATION OF FIXED DEPLOYMENT OF UNITED 

9 STATES BORDER PATROL AGENTS. 

10 The Secretary of Homeland Security shall ensure 

11 that no United States Border Patrol agent is precluded 

12 from performing patrol duties and apprehending violators 

13 of law, except in unusual circumstances where the tem14 porary use of fixed deployment positions is necessary. 

15 SEC. 105. HELICOPTERS AND POWER BOATS. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall increase by not fewer than 100 the number of 

18 United States Border Patrol helicopters, and shall in19 crease by not fewer than 250 the number of United States 

20 Border Patrol power boats. The Secretary of Homeland 

21 Security shall ensure that appropriate types of helicopters 

22 are procured for the various missions being performed. 

23 The Secretary of Homeland Security also shall ensure that 

24 the types of power boats that are procured are appropriate 


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

2 mission requirements. 

3 (b) USE AND TRAINING.—The Secretary of Home4 land Security shall establish an overall policy on how the 

5 helicopters and power boats described in subsection (a) 

6 will be used and implement training programs for the 

7 agents who use them, including safe operating procedures 

8 and rescue operations. 

9 SEC. 106. CONTROL OF UNITED STATES BORDER PATROL 

10 ASSETS. 

11 The United States Border Patrol shall have complete 

12 and exclusive administrative and operational control over 

13 all the assets utilized in carrying out its mission, including 

14 aircraft, watercraft, vehicles, detention space, transpor15 tation, and all of the personnel associated with such as16 sets. 

17 SEC. 107. MOTOR VEHICLES. 

18 The Secretary of Homeland Security shall establish 

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

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

21 one police-type vehicle per every three United States Bor22 der Patrol agents. Additionally, the Secretary of Home23 land Security shall ensure that there are sufficient num24 bers and types of other motor vehicles to support the mis25 sion of the United States Border Patrol. All vehicles will 


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1 be chosen on the basis of appropriateness for use by the 

2 United States Border Patrol, and each vehicle shall have 

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

4 that is activated solely in emergency situations for the 

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

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

7 three years. 

8 SEC. 108. PORTABLE COMPUTERS. 

9 The Secretary of Homeland Security shall ensure 

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

11 United States Border Patrol is equipped with a portable 

12 computer with access to all necessary law enforcement 

13 databases and otherwise suited to the unique operational 

14 requirements of the United States Border Patrol. 

15 SEC. 109. RADIO COMMUNICATIONS. 

16 The Secretary of Homeland Security shall augment 

17 the existing radio communications system so all law en18 forcement personnel working in every area where United 

19 States Border Patrol operations are conducted have clear 

20 and encrypted two-way radio communication capabilities 

21 at all times. Each portable communications device shall 

22 be equipped with a ‘‘panic button’’ and a global posi23 tioning system device that is activated solely in emergency 

24 situations for the purpose of tracking the location of the 

25 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 five 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 policies of the Depart5 ment of Homeland Security allow all such officers to carry 

6 weapons that are suited to the potential threats that they 

7 face. 

8 SEC. 114. UNIFORMS. 

9 The Secretary of Homeland Security shall ensure 

10 that all United States Border Patrol agents are provided 

11 with all necessary uniform items, including outerwear suit12 ed to the climate, footwear, belts, holsters, and personal 

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

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

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

16 SEC. 115. TASK FORCE. 

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

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

19 Force. The task force shall be composed of members ap20 pointed by the President from among representatives of 

21 the United States Border Patrol, the Drug Enforcement 

22 Administration, and the Bureau of Alcohol, Tobacco, Fire23 arms, and Explosives. There shall be an equal number of 

24 representatives from each agency. 


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

2 once per month during a two-year period in order to mon3 itor and report to the Congress and to the President on 

4 the trade and sale of drugs, alcohol, tobacco, firearms, and 

5 explosives along the borders of the United States. Twice 

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

7 report to the Committee on the Judiciary and the Com8 mittee on Homeland Security of the United States House 

9 of Representatives and the Committee on the Judiciary 

10 and the Committee on Homeland Security and Govern11 mental Affairs of the Senate. 

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

13 upon the expiration of the two-year period beginning on 

14 the date of the appointment of the last member appointed 

15 under this section. 

16 TITLE II—BORDER RELIEF 

17 SEC. 201. BORDER RELIEF GRANT PROGRAM. 

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

19 under section 202, the Attorney General may make border 

20 security grants to— 

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

22 which is within 25 miles of the southern border of 

23 the United States; and 

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

25 other political subdivision in a county any part of 


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1 which is within 25 miles of the southern border of 

2 the United States (including tribal police depart3 ments serving a community any part of which is 

4 within 25 miles of such border). 

5 (b) USE OF FUNDS.— 

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

7 subsection (a) may be used for the following activi8 ties: 

9 (A) To conduct law enforcement operations 

10 to enforce criminal laws, prevent and punish 

11 criminal activity, and protect the lives, prop12 erty, and security of the people within the juris13 diction of the grant recipient. 

14 (B) To transfer to appropriate Federal law 

15 enforcement officials aliens unlawfully present 

16 in the United States who are detained or in the 

17 custody of the grant recipient. 

18 (C) To enforce State and Federal laws re19 lating to securing the border and enforce other 

20 State and Federal criminal laws. 

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

22 paragraph (1) shall include payment for costs of hir23 ing, equipping, training, and otherwise controlling 

24 the operations and deployment of law enforcement 

25 officials engaged in duties described in paragraph 


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1 (1), as well as the costs of paying overtime to such 

2 officials. 

3 (c) APPLICATION.— 

4 (1) IN GENERAL.—Each eligible law enforce5 ment agency seeking a grant under this section shall 

6 submit to the Attorney General an application at 

7 such time, in such manner, and accompanied by 

8 such information as the Attorney General may re9 quire. 

10 (2) CONTENTS.—Each application submitted 

11 pursuant to paragraph (1) shall— 

12 (A) describe the activities for which assist13 ance under this section is sought; and 

14 (B) provide such additional assurances as 

15 the Attorney General determines to be essential 

16 to ensure compliance with the requirements of 

17 this section. 

18 SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to the Attor20 ney General to carry out this title $150,000,000 for fiscal 

21 year 2013 and each succeeding fiscal year. 

22 SEC. 203. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

23 Nothing in this title shall be construed to authorize 

24 State or local law enforcement agencies or their officers 


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1 to exercise Federal immigration law enforcement author2 ity. 

3 SEC. 204. REGULATIONS. 

4 Not later than 90 days after the date of the enact5 ment of this title, the Attorney General shall issue regula6 tions to carry out this title. 

Æ 


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