S.Amdt. 3337

SA 3337. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __--RAPID RESPONSE MEASURES

SEC. _01. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL
AGENTS.

(a) In General.--If the Governor of a State on an
international border of the United States declares an
international border security emergency and requests
additional United States Border Patrol agents from the
Secretary of Homeland Security, the Secretary is authorized,
subject to subsections (b) and (c), to provide the State with
up to 1,000 additional United States Border Patrol agents for
the purpose of patrolling and defending the international
border, in order to prevent individuals from crossing the
international border and entering the United States at any
location other than an authorized port of entry.
(b) Consultation.--The Secretary of Homeland Security shall
consult with the President upon receipt of a request under
subsection (a), and shall grant it to the extent that
providing the requested assistance will not significantly
impair the Department of Homeland Security's ability to
provide border security for any other State.
(c) Collective Bargaining.--Emergency deployments under
this section shall be made in conformance with all collective
bargaining agreements and obligations.

SEC. _02. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES
BORDER PATROL AGENTS.

The Secretary of Homeland Security shall ensure that no
United States Border Patrol agent is precluded from
performing patrol duties and apprehending violators of law,
except in unusual circumstances where the temporary use of
fixed deployment positions is necessary.

SEC. _03. HELICOPTERS AND POWER BOATS.

(a) In General.--The Secretary of Homeland Security shall
increase by not less than 100 the number of United States
Border Patrol helicopters, and shall increase by not less
than 250 the number of United States Border Patrol power
boats. The Secretary of Homeland Security shall ensure that
appropriate types of helicopters are procured for the various
missions being performed. The Secretary of Homeland Security
also shall ensure that the types of power boats that are
procured are appropriate for both the waterways in which they
are used and the mission requirements.
(b) Use and Training.--The Secretary of Homeland Security
shall establish an overall policy on how the helicopters and
power boats described in subsection (a) will be used and
implement training programs for the agents who use them,
including safe operating procedures and rescue operations.

SEC. _04. CONTROL OF UNITED STATES UNITED STATES BORDER
PATROL ASSETS.

The United States Border Patrol shall have complete and
exclusive administrative and operational control over all the
assets utilized in carrying out its mission, including,
aircraft, watercraft, vehicles, detention space,
transportation, and all of the personnel associated with such
assets.

SEC. _05. MOTOR VEHICLES.

The Secretary of Homeland Security shall establish a fleet
of motor vehicles appropriate for use by the United States
Border Patrol that will permit a ratio of at least one
police-type vehicle per every 3 United States Border Patrol
agents. Additionally, the Secretary of Homeland Security
shall ensure that there are sufficient numbers and types of
other motor vehicles to support the mission of the United
States Border Patrol. All vehicles will be chosen on the
basis of appropriateness for use by the United States Border
Patrol, and each vehicle shall have a ``panic button'' and a
global positioning system device that is activated solely in
emergency situations for the purpose of tracking the location
of an agent in distress. The police-type vehicles shall be
replaced at least every 3 years.

SEC. _06. PORTABLE COMPUTERS.

The Secretary of Homeland Security shall ensure that each
police-type motor vehicle in the fleet of the United States
Border Patrol is equipped with a portable computer with
access to all necessary law enforcement databases and
otherwise suited to the unique operational requirements of
the United States Border Patrol.

SEC. _07. RADIO COMMUNICATIONS.

The Secretary of Homeland Security shall augment the
existing radio communications system so all law enforcement
personnel working in every area where United States Border
Patrol operations are conducted have clear and encrypted two-
way radio communication capabilities at all times. Each
portable communications device shall be equipped with a
``panic button'' and a global positioning system device that
is activated solely in emergency situations for the purpose
of tracking the location of the agent in distress.

SEC. _08. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

The Secretary of Homeland Security shall ensure that each
United States Border Patrol agent is issued a state-of-the-
art hand-held global positioning system device for
navigational purposes.

SEC. _09. NIGHT VISION EQUIPMENT.

The Secretary of Homeland Security shall ensure that
sufficient quantities of state-of-the-art night vision
equipment are procured and maintained to enable each United
States Border Patrol agent working during the hours of
darkness to be equipped with a portable night vision device.

SEC. _10. BORDER ARMOR.

The Secretary of Homeland Security shall ensure that every
United States Border Patrol agent is issued high-quality body
armor that is appropriate for the climate and risks faced by
the individual officer. Each officer shall be allowed to
select from among a variety of approved brands and styles.
Officers shall be strongly encouraged, but not mandated, to
wear such body armor whenever practicable. All body armor
shall be replaced at least every 5 years.

SEC. _11. WEAPONS.

The Secretary of Homeland Security shall ensure that United
States Border Patrol agents are equipped with weapons that
are reliable and effective to protect themselves, their
fellow officers, and innocent third parties from the threats
posed by armed criminals. In addition, the Secretary shall
ensure that the Department's policies allow all such officers
to carry weapons that are suited to the potential threats
that they face.

SEC. _12. UNIFORMS.

The Secretary of Homeland Security shall ensure that all
United States Border Patrol agents are provided with all
necessary uniform items, including outerwear suited to the
climate, footwear, belts, holsters, and personal protective
equipment, at no cost to such agents. Such items shall be
replaced at no cost to such agents as they become worn,
unserviceable, or no longer fit properly.
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