text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Border Security Enforcement Act of 
  2010''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Rural, high-trafficked areas.--The term ``rural, high-
          trafficked areas'' means rural areas through which drugs and 
          undocumented aliens are routinely smuggled, as designated by 
          the Commissioner of U.S. Customs and Border Protection.
              (2) Secretary.--The term ``Secretary'' means the Secretary 
          of Homeland Security.
              (3) Tucson sector border.--The term ``Tucson Sector 
          border'' means the 262-mile section of international border 
          between the United States and Mexico that--
                      (A) begins in Yuma County, Arizona; and
                      (B) ends at the State boundary line between Arizona 
                  and New Mexico.
              (4) Yuma sector border.--The term ``Yuma Sector border'' 
          means the 110-mile section of international border between the 
          United States and Mexico that--
                      (A) begins in Pima County, Arizona; and
                      (B) ends at the State boundary line between Arizona 
                  and California.
  
  SEC. 3. PERSONNEL ENHANCEMENTS.
  
      (a) National Guard.--
              (1) Deployment.--In accordance with section 328 of title 
          32, United States Code, the Governor of Arizona, with the 
          consent of the Secretary of Defense, may--
                      (A) order 3,000 members of the Arizona National 
                  Guard and other National Guard units to perform Active 
                  Guard and Reserve duty, by immediately deploying along 
                  the Tucson Sector border and the Yuma Sector border; 
                  and
                      (B) construct and maintain appropriate surveillance 
                  platforms to facilitate such deployment.
              (2) Certification.--The deployment described in paragraph 
          (1) shall continue until the Governor of Arizona certifies, in 
          consultation with State, local, and tribal law enforcement, 
          that the Federal Government has achieved operational control of 
          the Tucson Sector border and the Yuma Sector border.
      (b) United States Customs and Border Protection.--Not later than 
  January 1, 2015, the Secretary shall increase the number of trained 
  Border Patrol agents stationed along the Tucson Sector border and the 
  Yuma Sector border by 3,000, compared to the number of agents at such 
  locations as of the date of the enactment of this Act. The Secretary 
  shall make progress in increasing such number of trained Border Patrol 
  agents during each of the years 2010 through 2015.
      (c) Hardship Duty Pay.--In addition to compensation to which Border 
  Patrol agents are otherwise entitled, Border Patrol agents who are 
  assigned to rural, high-trafficked areas shall be entitled to receive 
  hardship duty pay, in an amount determined by the Commissioner, Customs 
  and Border Protection, which may not exceed the rate of special pay to 
  which members of a uniformed service are entitled under section 310 of 
  title 37, United States Code.
  
  SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS.
  
      (a) Operation Streamline.--There are authorized to be appropriated 
  to the Department of Homeland Security, for each of fiscal years 2010 
  through 2020, such sums as may be necessary--
              (1) to fully implement Operation Streamline along the 
          Tucson Sector border and the Yuma Sector border; and
              (2) to reimburse State, local, and tribal law enforcement 
          for any detention costs related to such implementation.
      (b) Operation Stonegarden.--
              (1) Authorization of appropriations.--There are authorized 
          to be appropriated to the Federal Emergency Management Agency, 
          for each of the fiscal years 2010 through 2020, $100,000,000, 
          which shall be used to enhance law enforcement preparedness and 
          operational readiness along the borders of the United States 
          through Operation Stonegarden.
              (2) Allocation.--Of the amounts appropriated pursuant to 
          paragraph (1), not less than 90 percent shall be allocated for 
          grants and reimbursement to law enforcement agencies in the 
          States bordering Mexico for personnel, overtime, travel, and 
          other costs related to illegal immigration and drug smuggling 
          along the international border between the United States and 
          Mexico.
      (c) Infrastructure Improvements.--
              (1) Border patrol stations.--The Secretary shall--
                      (A) construct additional Border Patrol stations 
                  along the Tucson Sector border, as needed, to provide 
                  full operational support in rural, high-trafficked 
                  areas; and
                      (B) analyze the feasibility of creating an 
                  additional Border Patrol sector in eastern Arizona and 
                  western New Mexico to interrupt drug trafficking 
                  operations.
              (2) Forward operating bases.--The Secretary shall enhance 
          the security of the Tucson Sector border by--
                      (A) establishing at least 6 additional permanent 
                  forward operating bases for the Border Patrol;
                      (B) upgrading the existing forward operating bases 
                  to include modular buildings, electricity, and potable 
                  water; and
                      (C) ensuring that forward operating bases surveil 
                  and interdict individuals entering the United States 
                  unlawfully immediately after such an individual crosses 
                  the international border into the United States.
              (3) Checkpoints.--The Secretary shall--
                      (A) complete the construction of a permanent 
                  checkpoint near Tubac, Arizona; and
                      (B) deploy additional temporary roving checkpoints 
                  along the Tucson Sector border and the Yuma Sector 
                  border.
              (4) Border fence.--Section 102(b)(1)(A) of the Illegal 
          Immigration Reform and Immigrant Responsibility Act of 1996 (8 
          U.S.C. 1103 note) is amended--
                      (A) by inserting ``, not later than December 31, 
                  2011,'' after ``shall''; and
                      (B) by adding at the end the following: ``The 
                  Secretary shall construct double- and triple-layer 
                  fencing at appropriate locations along the Tucson 
                  Sector border and the Yuma Sector border, as determined 
                  by the Secretary, after consultation with State, 
                  tribal, and local law enforcement agencies.''.
              (5) Authorization of appropriations.--There are authorized 
          to be appropriated, for each of fiscal years 2010 through 2020, 
          such sums as may be necessary to carry out this subsection.
  
  SEC. 5. MOBILE SURVEILLANCE.
  
      (a) Enhancements.--The Commissioner, Customs and Border Protection, 
  shall--
              (1) deploy additional mobile surveillance systems and 
          unmanned aerial vehicles along the Tucson Sector border and the 
          Yuma Sector border as necessary to provide 24-hour operation 
          and surveillance;
              (2) operate unmanned aerial vehicles along such borders for 
          24 hours per day and for 7 days per week;
              (3) deploy additional fixed-wing aircraft and helicopters 
          along such borders; and
              (4) increase horse patrols along the Tucson Sector border.
      (b) Authorization of Appropriations.--In addition to amounts 
  otherwise authorized to be appropriated, there are authorized to be 
  appropriated to United States Customs and Border Protection $50,000,000 
  to carry out the activities under subsection (a).
  
  SEC. 6. ACCESS TO EMERGENCY PERSONNEL.
  
      (a) Southwest Border Emergency Communications Grants.--
              (1) In general.--The Secretary, in consultation with the 
          Governor of Arizona, shall establish a 2-year grant program, to 
          be administered by the State of Arizona, to improve emergency 
          communications along the Tucson Sector border and the Yuma 
          Sector border.
              (2) Eligibility for grants.--An individual is eligible to 
          receive a grant under this subsection if the individual 
          demonstrates that he or she--
                      (A) regularly resides or works near the Tucson 
                  Sector border or the Yuma Sector border;
                      (B) is at greater risk of border violence due to 
                  the lack of cellular service at his or her residence or 
                  business and his or her proximity to such border.
              (3) Use of grants.--Grants awarded under this subsection 
          may be used to purchase satellite telephone communications 
          systems and service that--
                      (A) can provide access to 911 service; and
                      (B) are equipped with global positioning systems.
              (4) Annual reports.--The Governor of Arizona shall submit 
          an annual report to the Secretary on activities carried out 
          with grant funds awarded under this subsection during the 
          previous year. Each such report shall include a description of 
          such activities and an assessment of the effectiveness of such 
          activities.
              (5) Authorization of appropriations.--There is authorized 
          to be appropriated $3,000,000 to carry out the grant program 
          established under this subsection.
      (b) Interoperable Communications for Law Enforcement.--
              (1) Federal law enforcement.--There is authorized to be 
          appropriated $35,000,000 to the Department of Justice--
                      (A) to purchase P-25 compliant radios, which may 
                  include a multi-band option, for Federal law 
                  enforcement agents working in Arizona in support of the 
                  activities of United States Customs and Border 
                  Protection and United States Immigration and Customs 
                  Enforcement, including agents of the Drug Enforcement 
                  Administration and the Bureau of Alcohol, Tobacco, 
                  Firearms and Explosives; and
                      (B) to upgrade the communications network of the 
                  Department of Justice to ensure coverage and capacity, 
                  particularly when immediate access is needed in times 
                  of crisis, along the Tucson Sector border and the Yuma 
                  Sector border for appropriate law enforcement personnel 
                  of the Department of Justice (including the Drug 
                  Enforcement Administration and the Bureau of Alcohol, 
                  Tobacco, Firearms and Explosives), the Department of 
                  Homeland Security (including United States Immigration 
                  and Customs Enforcement and United States Customs and 
                  Border Protection), other Federal agencies, the State 
                  of Arizona, tribes, and local governments.
              (2) State and local law enforcement.--
                      (A) Authorization of appropriations.--There is 
                  authorized to be appropriated $35,000,000 to the 
                  Department of Justice to purchase P-25 compliant 
                  radios, which may include a multi-band option, for 
                  State and local law enforcement agents working in Santa 
                  Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham 
                  County in the State of Arizona.
                      (B) Access to federal spectrum.--If a State, 
                  tribal, or local law enforcement agency in Arizona 
                  experiences an emergency situation that necessitates 
                  immediate communication with the Department of Justice, 
                  the Department of Homeland Security, or any of their 
                  respective subagencies, such law enforcement agency 
                  shall have access to the spectrum assigned to such 
                  Federal agency for the duration of such emergency 
                  situation.
  
  SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS.
  
      (a) State Criminal Alien Assistance Program.--
              (1) Reimbursement required.--The Attorney General shall 
          fully reimburse States and local governments for the costs 
          incurred by such governments to incarcerate aliens convicted of 
          criminal activity while unlawfully present in the United 
          States, in accordance with section 241(i) of the Immigration 
          and Nationality Act (8 U.S.C. 1251(i)).
              (2) Authorization of appropriations.--Section 241(i)(5)(C) 
          of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) 
          is amended by striking ``2011'' and inserting ``2020''.
      (b) Southwest Border Prosecution Initiative.--
              (1) Reimbursement to state and local prosecutors for 
          federally initiated criminal cases.--Subject to the 
          availability of appropriations, the Attorney General shall 
          reimburse State, county, tribal, and municipal governments for 
          costs associated with the prosecution and pre-trial detention 
          of federally initiated criminal cases declined by local offices 
          of the United States Attorneys.
              (2) Authorization of appropriations.--There is authorized 
          to be appropriated $50,000,000 for each of the fiscal years 
          2008 through 2020 to carry out paragraph (1).
  
  SEC. 8. MAGISTRATE JUDGE.
  
      The judges of the United States District Court for the District of 
  Arizona shall appoint 1 full-time magistrate judge, who shall have the 
  authority to hear all cases and controversies in Cochise County, 
  Arizona.
target: Border Security Enforcement Act of 2010 - Authorizes the Governor of Arizona to: (1) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (2) construct and maintain related surveillance platforms.
  
  Directs such deployment's continuation until the Governor of Arizona certifies that the federal government has achieved operational control of the Tucson Sector and the Yuma Sector borders.
  
  Directs the Secretary of Homeland Security (DHS) to increase, by January 1, 2015, the number of Border Patrol agents stationed along the Tucson Sector and the Yuma Sector borders by 3,000.
  
  Authorizes appropriations for: (1) DHS to implement Operation Streamline along the Tucson Sector and the Yuma Sector borders and reimburse state, local, and tribal law enforcement for related detention costs; and (2) the Federal Emergency Management Agency (FEMA) to enhance law enforcement readiness along the U.S. borders through Operation Stonegarden.
  
  Directs the Secretary to: (1) make specified enhancements to the Tucson Sector border; (2) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations; (3) construct a permanent checkpoint near Tubac, Arizona, and operate roving checkpoints along the Tucson Sector and the Yuma Sector borders; and (4) establish a two-year grant program, to be administered by Arizona, to improve emergency communications along the Tucson Sector and the Yuma Sector borders.
  
  Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations along the Tucson Sector and the Yuma Sector borders.
  
  Provides for additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector and the Yuma Sector borders.
  
  Authorizes appropriations for: (1) purchases and upgrades of law enforcement communications equipment; (2) the state criminal alien assistance program; and (3) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys' offices.
feat_title: 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.