II 

111TH CONGRESS 

2D SESSION S. 3332 

To implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest 

border of the United States. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2010 

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and 

violent activity along the southwest border of the United 

States. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Security En5 forcement Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) RURAL, HIGH-TRAFFICKED AREAS.—The 

2 term ‘‘rural, high-trafficked areas’’ means rural 

3 areas through which drugs and undocumented aliens 

4 are routinely smuggled, as designated by the Com5 missioner of U.S. Customs and Border Protection. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Homeland Security. 

8 (3) TUCSON SECTOR BORDER.—The term 

9 ‘‘Tucson Sector border’’ means the 262-mile section 

10 of international border between the United States 

11 and Mexico that— 

12 (A) begins in Yuma County, Arizona; and 

13 (B) ends at the State boundary line be14 tween Arizona and New Mexico. 

15 (4) YUMA SECTOR BORDER.—The term ‘‘Yuma 

16 Sector border’’ means the 110-mile section of inter17 national border between the United States and Mex18 ico that— 

19 (A) begins in Pima County, Arizona; and 

20 (B) ends at the State boundary line be21 tween Arizona and California. 

22 SEC. 3. PERSONNEL ENHANCEMENTS. 

23 (a) NATIONAL GUARD.— 

24 (1) DEPLOYMENT.—In accordance with section 

25 328 of title 32, United States Code, the Governor of 


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1 Arizona, with the consent of the Secretary of De2 fense, may— 

3 (A) order 3,000 members of the Arizona 

4 National Guard and other National Guard units 

5 to perform Active Guard and Reserve duty, by 

6 immediately deploying along the Tucson Sector 

7 border and the Yuma Sector border; and 

8 (B) construct and maintain appropriate 

9 surveillance platforms to facilitate such deploy10 ment. 

11 (2) CERTIFICATION.—The deployment de12 scribed in paragraph (1) shall continue until the 

13 Governor of Arizona certifies, in consultation with 

14 State, local, and tribal law enforcement, that the 

15 Federal Government has achieved operational con16 trol of the Tucson Sector border and the Yuma Sec17 tor border. 

18 (b) UNITED STATES CUSTOMS AND BORDER PRO19 TECTION.—Not later than January 1, 2015, the Secretary 

20 shall increase the number of trained Border Patrol agents 

21 stationed along the Tucson Sector border and the Yuma 

22 Sector border by 3,000, compared to the number of agents 

23 at such locations as of the date of the enactment of this 

24 Act. The Secretary shall make progress in increasing such 


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1 number of trained Border Patrol agents during each of 

2 the years 2010 through 2015. 

3 (c) HARDSHIP DUTY PAY.—In addition to compensa4 tion to which Border Patrol agents are otherwise entitled, 

5 Border Patrol agents who are assigned to rural, high-traf6 ficked areas shall be entitled to receive hardship duty pay, 

7 in an amount determined by the Commissioner, Customs 

8 and Border Protection, which may not exceed the rate of 

9 special pay to which members of a uniformed service are 

10 entitled under section 310 of title 37, United States Code. 

11 SEC. 4. ENHANCING EXISTING BORDER SECURITY OPER12 ATIONS. 

13 (a) OPERATION STREAMLINE.—There are authorized 

14 to be appropriated to the Department of Homeland Secu15 rity, for each of fiscal years 2010 through 2020, such 

16 sums as may be necessary— 

17 (1) to fully implement Operation Streamline 

18 along the Tucson Sector border and the Yuma Sec19 tor border; and 

20 (2) to reimburse State, local, and tribal law en21 forcement for any detention costs related to such im22 plementation. 

23 (b) OPERATION STONEGARDEN.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to the FedVerDate Mar 15 2010 00:45 May 08, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 eral Emergency Management Agency, for each of the 

2 fiscal years 2010 through 2020, $100,000,000, 

3 which shall be used to enhance law enforcement pre4 paredness and operational readiness along the bor5 ders of the United States through Operation Stone6 garden. 

7 (2) ALLOCATION.—Of the amounts appro8 priated pursuant to paragraph (1), not less than 90 

9 percent shall be allocated for grants and reimburse10 ment to law enforcement agencies in the States bor11 dering Mexico for personnel, overtime, travel, and 

12 other costs related to illegal immigration and drug 

13 smuggling along the international border between 

14 the United States and Mexico. 

15 (c) INFRASTRUCTURE IMPROVEMENTS.— 

16 (1) BORDER PATROL STATIONS.—The Secretary 

17 shall— 

18 (A) construct additional Border Patrol sta19 tions along the Tucson Sector border, as need20 ed, to provide full operational support in rural, 

21 high-trafficked areas; and 

22 (B) analyze the feasibility of creating an 

23 additional Border Patrol sector in eastern Ari24 zona and western New Mexico to interrupt drug 

25 trafficking operations. 


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1 (2) FORWARD OPERATING BASES.—The Sec2 retary shall enhance the security of the Tucson Sec3 tor border by— 

4 (A) establishing at least 6 additional per5 manent forward operating bases for the Border 

6 Patrol; 

7 (B) upgrading the existing forward oper8 ating bases to include modular buildings, elec9 tricity, and potable water; and 

10 (C) ensuring that forward operating bases 

11 surveil and interdict individuals entering the 

12 United States unlawfully immediately after 

13 such an individual crosses the international bor14 der into the United States. 

15 (3) CHECKPOINTS.—The Secretary shall— 

16 (A) complete the construction of a perma17 nent checkpoint near Tubac, Arizona; and 

18 (B) deploy additional temporary roving 

19 checkpoints along the Tucson Sector border and 

20 the Yuma Sector border. 

21 (4) BORDER FENCE.—Section 102(b)(1)(A) of 

22 the Illegal Immigration Reform and Immigrant Re23 sponsibility Act of 1996 (8 U.S.C. 1103 note) is 

24 amended— 


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1 (A) by inserting ‘‘, not later than Decem2 ber 31, 2011,’’ after ‘‘shall’’; and 

3 (B) by adding at the end the following: 

4 ‘‘The Secretary shall construct double- and tri5 ple-layer fencing at appropriate locations along 

6 the Tucson Sector border and the Yuma Sector 

7 border, as determined by the Secretary, after 

8 consultation with State, tribal, and local law en9 forcement agencies.’’. 

10 (5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated, for each of 

12 fiscal years 2010 through 2020, such sums as may 

13 be necessary to carry out this subsection. 

14 SEC. 5. MOBILE SURVEILLANCE. 

15 (a) ENHANCEMENTS.—The Commissioner, Customs 

16 and Border Protection, shall— 

17 (1) deploy additional mobile surveillance sys18 tems and unmanned aerial vehicles along the Tucson 

19 Sector border and the Yuma Sector border as nec20 essary to provide 24-hour operation and surveillance; 

21 (2) operate unmanned aerial vehicles along such 

22 borders for 24 hours per day and for 7 days per 

23 week; 

24 (3) deploy additional fixed-wing aircraft and 

25 helicopters along such borders; and 


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1 (4) increase horse patrols along the Tucson 

2 Sector border. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to amounts otherwise authorized to be appropriated, 

5 there are authorized to be appropriated to United States 

6 Customs and Border Protection $50,000,000 to carry out 

7 the activities under subsection (a). 

8 SEC. 6. ACCESS TO EMERGENCY PERSONNEL. 

9 (a) SOUTHWEST BORDER EMERGENCY COMMUNICA10 TIONS GRANTS.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Governor of Arizona, shall establish a 

13 2-year grant program, to be administered by the 

14 State of Arizona, to improve emergency communica15 tions along the Tucson Sector border and the Yuma 

16 Sector border. 

17 (2) ELIGIBILITY FOR GRANTS.—An individual 

18 is eligible to receive a grant under this subsection if 

19 the individual demonstrates that he or she— 

20 (A) regularly resides or works near the 

21 Tucson Sector border or the Yuma Sector bor22 der; 

23 (B) is at greater risk of border violence 

24 due to the lack of cellular service at his or her 


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1 residence or business and his or her proximity 

2 to such border. 

3 (3) USE OF GRANTS.—Grants awarded under 

4 this subsection may be used to purchase satellite 

5 telephone communications systems and service 

6 that— 

7 (A) can provide access to 911 service; and 

8 (B) are equipped with global positioning 

9 systems. 

10 (4) ANNUAL REPORTS.—The Governor of Ari11 zona shall submit an annual report to the Secretary 

12 on activities carried out with grant funds awarded 

13 under this subsection during the previous year. Each 

14 such report shall include a description of such activi15 ties and an assessment of the effectiveness of such 

16 activities. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated $3,000,000 

19 to carry out the grant program established under 

20 this subsection. 

21 (b) INTEROPERABLE COMMUNICATIONS FOR LAW

22 ENFORCEMENT.— 

23 (1) FEDERAL LAW ENFORCEMENT.—There is 

24 authorized to be appropriated $35,000,000 to the 

25 Department of Justice— 


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1 (A) to purchase P–25 compliant radios, 

2 which may include a multi-band option, for 

3 Federal law enforcement agents working in Ari4 zona in support of the activities of United 

5 States Customs and Border Protection and 

6 United States Immigration and Customs En7 forcement, including agents of the Drug En8 forcement Administration and the Bureau of 

9 Alcohol, Tobacco, Firearms and Explosives; and 

10 (B) to upgrade the communications net11 work of the Department of Justice to ensure 

12 coverage and capacity, particularly when imme13 diate access is needed in times of crisis, along 

14 the Tucson Sector border and the Yuma Sector 

15 border for appropriate law enforcement per16 sonnel of the Department of Justice (including 

17 the Drug Enforcement Administration and the 

18 Bureau of Alcohol, Tobacco, Firearms and Ex19 plosives), the Department of Homeland Secu20 rity (including United States Immigration and 

21 Customs Enforcement and United States Cus22 toms and Border Protection), other Federal 

23 agencies, the State of Arizona, tribes, and local 

24 governments. 

25 (2) STATE AND LOCAL LAW ENFORCEMENT.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 $35,000,000 to the Department of Justice to 

4 purchase P–25 compliant radios, which may in5 clude a multi-band option, for State and local 

6 law enforcement agents working in Santa Cruz, 

7 Pima, Cochise, Yuma, Pinal, Maricopa, or 

8 Graham County in the State of Arizona. 

9 (B) ACCESS TO FEDERAL SPECTRUM.—If 

10 a State, tribal, or local law enforcement agency 

11 in Arizona experiences an emergency situation 

12 that necessitates immediate communication 

13 with the Department of Justice, the Depart14 ment of Homeland Security, or any of their re15 spective subagencies, such law enforcement 

16 agency shall have access to the spectrum as17 signed to such Federal agency for the duration 

18 of such emergency situation. 

19 SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL 

20 GOVERNMENTS. 

21 (a) STATE CRIMINAL ALIEN ASSISTANCE PRO22 GRAM.— 

23 (1) REIMBURSEMENT REQUIRED.—The Attor24 ney General shall fully reimburse States and local 

25 governments for the costs incurred by such governVerDate Mar 15 2010 00:45 May 08, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 ments to incarcerate aliens convicted of criminal ac2 tivity while unlawfully present in the United States, 

3 in accordance with section 241(i) of the Immigration 

4 and Nationality Act (8 U.S.C. 1251(i)). 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 Section 241(i)(5)(C) of the Immigration and Nation7 ality Act (8 U.S.C. 1251(i)(5)(C)) is amended by 

8 striking ‘‘2011’’ and inserting ‘‘2020’’. 

9 (b) SOUTHWEST BORDER PROSECUTION INITIA10 TIVE.— 

11 (1) REIMBURSEMENT TO STATE AND LOCAL

12 PROSECUTORS FOR FEDERALLY INITIATED CRIMINAL

13 CASES.—Subject to the availability of appropria14 tions, the Attorney General shall reimburse State, 

15 county, tribal, and municipal governments for costs 

16 associated with the prosecution and pre-trial deten17 tion of federally initiated criminal cases declined by 

18 local offices of the United States Attorneys. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated $50,000,000 

21 for each of the fiscal years 2008 through 2020 to 

22 carry out paragraph (1). 

23 SEC. 8. MAGISTRATE JUDGE. 

24 The judges of the United States District Court for 

25 the District of Arizona shall appoint 1 full-time magistrate 


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1 judge, who shall have the authority to hear all cases and 

2 controversies in Cochise County, Arizona. 

Æ 


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