[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2220 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2220
To provide for operational control of the international border of the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2013
Mr. Poe of Texas (for himself, Mr. Flores, Mr. Smith of Texas, Mrs.
Black, and Mr. Gingrey of Georgia) introduced the following bill; which
was referred to the Committee on Homeland Security, and in addition to
the Committees on Armed Services, Rules, Energy and Commerce, and
Agriculture, 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 operational control of the international border of the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support More Assets, Resources, and
Technology on the Border Act of 2013'' or the ``SMART Act of 2013''.
SEC. 2. OPERATIONAL CONTROL.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall take
all actions the Secretary determines necessary and appropriate to
achieve and maintain operational control of the international border
between the United States and Mexico, and shall submit to the
Comptroller General of the United States a report on such actions,
achievement, and maintenance.
(b) GAO Consultation and Report.--Not later than 90 days after the
submission of the report by the Secretary of Homeland Security under
subsection (a), the Comptroller General of the United States shall--
(1) consult with State and local officials along the
international border between the United States and Mexico,
including border sheriffs, mayors of border towns and cities,
chambers of commerce in border areas, farmers and ranchers and
associated farming and ranching organizations in border areas,
community organizations in border areas, State law enforcement
agencies, and border State governors regarding the state of
operational control of such border; and
(2) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on such state
of operational control.
(c) Joint Resolution of Disapproval on Operational Control.--Not
later than 90 days after receiving the report of the Comptroller
General under subsection (b)(2) regarding the state of operational
control, both the House of Representatives and the Senate shall vote on
a joint resolution on the question as to whether such report should be
disapproved. Such joint resolution shall be deemed to pass only if--
(1) a majority of each House approves such joint
resolution; or
(2) such joint resolution is not voted on by each House by
such date.
(d) Annual Reports.--The Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate an annual report on the state of operational
control of the international border between the United States and
Mexico. The first of such annual reports shall be submitted not later
than one year after the report required under subsection (b)(2) is
submitted.
SEC. 3. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND
SECURITY BORDER CONTROL ACTIVITIES.
(a) Expanded Deployment of National Guard; Duration.--
(1) Deployment requirement.--At the request of a Governor
of a State that shares a portion of the international border
between the United States and Mexico the Secretary of Defense
shall provide for the deployment of additional members of the
National Guard along such border in excess of the number of
members of the National Guard so deployed along such border as
of the date of the enactment of this Act.
(2) Number of additional guardsmen deployed.--The total
number of additional members of the National Guard deployed
under paragraph (1) along the international border between the
United States and Mexico may not exceed 10,000, except that the
Secretary of Defense may exceed such number at the request of a
Governor of a State that shares a portion of such border if,
despite the deployment of the additional 10,000 members of the
National Guard, operational control of such border has not been
achieved.
(3) Duration.--The deployment of additional members of the
National Guard under paragraph (1) in a State that shares a
portion of the international border between the United States
and Mexico shall continue until the earlier of the following:
(A) The date on which the Governor of the State
revokes the request made under paragraph (1).
(B) The date on which a vote on the joint
resolution of disapproval on operational control
described in section 2(c) occurs if such joint
resolution does not pass.
(4) Deployment authorities.--Members of the National Guard
deployed under paragraph (1) may be deployed under section
502(f) of title 32, United States Code, pursuant to a State
border control activities plan approved under section 112a of
such title, as added by subsection (b) of this section, or
pursuant to the order of the Secretary of Defense under any
other provision of law.
(5) Exemption from end strengths and other limitations.--
Members of the National Guard deployed under paragraph (1)
shall not be included in the calculation to determine
compliance with--
(A) limits on end strength; or
(B) limits on the number of National Guard personal
that may be placed on active duty for operational
support.
(b) Federal Assistance for State Border Control Activities Plans.--
Chapter 1 of title 32, United States Code, is amended by inserting
after section 112 the following:
``SEC. 112A. BORDER CONTROL ACTIVITIES.
``(a) Funding Assistance.--The Secretary of Defense shall provide
funds to the Governor of a State who submits to the Secretary a State
border control activities plan satisfying the requirements of
subsection (c). Such funds shall be used for the following:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of border
control activities.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of border control activities.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State used
for the purpose of border control activities. However, the use
of such funds for the procurement of equipment may not exceed
$5,000 per item, unless approval for procurement of equipment
in excess of that amount is granted in advance by the Secretary
of Defense.
``(b) Use of Personnel Performing Full-Time National Guard Duty.--
``(1) In general.--Under regulations prescribed by the
Secretary of Defense, personnel of the National Guard of a
State may, in accordance with the State border control
activities plan referred to in subsection (c), be ordered to
perform full-time National Guard duty under section 502(f) of
this title for the purpose of carrying out border control
activities.
``(2) Requirements.--
``(A) Training.--A member of the National Guard
serving on full-time National Guard duty under orders
authorized under paragraph (1) shall participate in the
training required under section 502(a) of this title in
addition to the duty performed for the purpose
authorized under that paragraph. The pay, allowances,
and other benefits of the member while participating in
the training shall be the same as those to which the
member is entitled while performing duty for the
purpose of carrying out border control activities. The
member is not entitled to additional pay, allowances,
or other benefits for participation in training
required under section 502(a)(1) of this title.
``(B) Funding.--Appropriations available for the
Department of Defense for homeland defense may be used
for paying costs associated with a member's
participation in training described in subparagraph
(A). The appropriation shall be reimbursed in full, out
of appropriations available for paying those costs, for
the amounts paid. Appropriations available for paying
those costs shall be available for making the
reimbursements.
``(C) Restrictions.--To ensure that the use of
units and personnel of the National Guard of a State
pursuant to a State border control activities plan does
not degrade the training and readiness of such units
and personnel, the following requirements shall apply
in determining the border control activities that units
and personnel of the National Guard of a State may
perform:
``(i) The performance of the activities may
not adversely affect the quality of that
training or otherwise interfere with the
ability of a member or unit of the National
Guard to perform the military functions of the
member or unit.
``(ii) National Guard personnel will not
degrade their military skills as a result of
performing the activities.
``(iii) The performance of the activities
will not result in a significant increase in
the cost of training.
``(iv) In the case of border control
activities performed by a unit organized to
serve as a unit, the activities will support
valid unit training requirements.
``(c) Plan Requirements.--A State border control activities plan
shall--
``(1) specify how personnel of the National Guard of that
State are to be used in border control activities in support of
the mission of United States Customs and Border Protection of
the Department of Homeland Security;
``(2) certify that those operations are to be conducted at
a time when the personnel involved are not in Federal service;
``(3) certify that participation by National Guard
personnel in those operations is service in addition to
training required under section 502 of this title;
``(4) certify that any engineer-type activities (as defined
by the Secretary of Defense) under the plan will be performed
only by units and members of the National Guard;
``(5) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law; and
``(6) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement purpose.
``(d) Examination of Plan.--Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall,
in consultation with the Secretary of Homeland Security, examine the
adequacy of the plan submitted by the Governor under subsection (c).
The plan as approved by the Secretary of Defense may provide for the
use of personnel and equipment of the National Guard of that State to
assist United States Customs and Border Protection in the
transportation of aliens who have violated a Federal immigration law.
``(e) End Strength Limitation.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), at the end of a fiscal year there may not be more than
10,000 members of the National Guard--
``(A) on full-time National Guard duty under
section 502(f) of this title to perform border control
activities pursuant to an order to duty; or
``(B) on duty under State authority to perform
border control activities pursuant to an order to duty
with State pay and allowances being reimbursed with
funds provided under subsection (a)(1).
``(2) Exception.--The Secretary of Defense may increase the
end strength authorized under paragraph (1) if the Secretary
determines that such an increase is necessary in the national
security interests of the United States.
``(3) Certain exclusion.--National Guard personnel deployed
pursuant to paragraph (1) shall not be included in the
calculation to determine compliance with--
``(A) limits on end strength; or
``(B) limits on the number of National Guard
personnel that may be placed on active duty for
operational support.
``(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (e)(3) from the computation of end strengths.
``(2) A description of the border control activities
conducted under State border control activities plans referred
to in subsection (c) with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform activities under the State border control activities
plans.
``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
``(h) Definitions.--In this section:
``(1) Border control activities.--The term `border control
activities', with respect to the National Guard of a State,
means the use of National Guard personnel in border control
activities authorized by the law of the State and requested by
the Governor of the State in support of the mission of United
States Customs and Border Protection of the Department of
Homeland Security, including activities as follows:
``(A) Armed vehicle and foot patrols along the
international border between the United States and
Mexico.
``(B) Interdiction of a vehicle, vessel, aircraft
or other similar activity.
``(C) Search, seizure, and detention of suspects.
``(D) Construction of roads, fences, and vehicle
barriers.
``(E) Search and rescue operations.
``(F) Intelligence gathering, surveillance, and
reconnaissance.
``(G) Aviation support.
``(2) Governor of a state.--The term `Governor of a State'
means, in the case of the District of Columbia, the Commanding
General of the National Guard of the District of Columbia.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following new item:
``112a. Border control activities''.
SEC. 4. SMART BORDER TECHNOLOGY.
If the Secretary of Homeland Security determines that there are
areas along the international border between the United States and
Mexico with respect to which operational control has not been achieved
and maintained, the Secretary is authorized to deploy smart border
technologies, such as seismic detectors and unmanned aerial vehicles to
such areas to achieve and maintain operational control over such areas.
SEC. 5. TRANSFER OF USED MILITARY EQUIPMENT TO FEDERAL, STATE, AND
LOCAL AGENCIES.
(a) In General.--Not later than one year after eligible equipment
returns to the United States, and in accordance with subsections (b)
and (c) of section 2576a of title 10, United States Code, the Secretary
of Defense may transfer such eligible equipment to Federal, State, and
local agencies.
(b) Preference.--
(1) Transfers under this section.--In considering
applications for the transfer of eligible equipment under
subsection (a), the Secretary of Defense may give preference to
Federal, State, and local agencies that will use such eligible
equipment primarily for the purpose of strengthening border
security along the international border between the United
States and Mexico.
(2) Transfers generally.--Section 2576a(d) of title 10,
United States Code, is amended--
(A) by striking ``In considering'' and inserting
``(1) In considering''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) In considering applications for the transfer of equipment
described in subparagraph (B) under this section, the Secretary may
give a preference to those applications indicating that the transferred
property will be used primarily for the purpose of strengthening border
security along the international border between the United States and
Mexico.
``(B) Equipment described in this subparagraph is equipment of the
Department of Defense that--
``(i) was used in Operation Enduring Freedom, Operation
Iraqi Freedom, or Operation New Dawn; and--
``(ii) the Secretary determines would be suitable for use
by Federal and State agencies in law enforcement activities,
including--
``(I) surveillance unmanned aerial vehicles,
including the MQ-9 Reaper (also known as the `Predator
B');
``(II) night-vision goggles; and
``(III) high mobility multi-purpose wheel vehicles
(commonly known as `humvees').''.
(c) Eligible Equipment Defined.--In this section, the term
``eligible equipment'' means equipment of the Department of Defense
that--
(1) was used in Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn; and
(2) the Secretary of Defense determines would be suitable
for use by Federal and State agencies in law enforcement
activities, including--
(A) surveillance unmanned aerial vehicles,
including the MQ-9 Reaper (also known as the ``Predator
B'');
(B) night-vision goggles; and
(C) high mobility multi-purpose wheel vehicles
(commonly known as ``humvees'').
SEC. 6. CBP VETERAN HIRING.
(a) Additional Hires.--Not later than the date of a vote on the
joint resolution of disapproval on operational control described in
section 2(c) if such joint resolution passes (or the date by which such
vote is required to have occurred pursuant to such section), the
Secretary of Homeland Security shall appoint 1,500 Border Patrol agents
over the number of such agents who were employed by the Department of
Homeland Security as of the date of the enactment of this Act.
(b) Preference.--In carrying out the additional appointments
required under subsection (a), the Secretary of Homeland Security shall
give preference to veterans returning from overseas deployments. To the
maximum extent practicable and subject to otherwise applicable
provisions of law, the Secretary--
(1) shall implement policies and procedures that will allow
veterans so appointed to start employment within 90 days after
the date on which they make application for appointment; and
(2) shall streamline the background-check and security-
clearance procedures that apply to veterans so appointed.
SEC. 7. SOUTHERN BORDERLANDS PUBLIC SAFETY COMMUNICATIONS GRANT
PROGRAM.
(a) In General.--The Secretary of Homeland Security may make
competitive grants for public-private partnerships that finance
equipment and infrastructure to improve the public safety of persons
who are residents of rural areas of the United States near the
international border with Mexico, by enhancing access to mobile
communications for such persons who do not currently have access to
reliable mobile communications networks.
(b) Focus Areas.--In making grants under this section, the
Secretary of Homeland Security shall focus on projects that improve
mobile communications in areas impacted by the illegal smuggling and
trafficking of people and drugs from Mexico into the United States.
(c) Eligible Applicants.--Persons eligible for grants under this
section include States, counties, municipalities, organizations
representing agricultural producers and other rural Americans, and
telecommunications providers.
(d) Authorization of Appropriations.--For grants under this section
there is authorized to be appropriated to the Secretary $10,000,000 for
the three-fiscal-year period following the date of the enactment of
this Act.
(e) Funding Offset.--To offset amounts appropriated pursuant to the
authorization of appropriations in subsection (d), the International
Forestry Cooperation Act of 1990 (16 U.S.C. 4501 et seq.) is repealed.
SEC. 8. COMMUNITY IMPACT AID GRANTS.
(a) In General.--The Secretary of Homeland Security shall make
grants to sheriffs' departments along international border between the
United States and Mexico for the purpose of hiring additional deputies,
including for salaries, benefits, training, uniforms, patrol vehicles,
and arms.
(b) Grant Calculation Formula.--Except as provided in subsection
(c), a grant made pursuant to subsection (a) shall be in an amount
equal to 30 percent of an eligible sheriff's department's fiscal year
2010 budget for patrol deputies.
(c) Minimum Benefit.--Notwithstanding the calculation provided for
in subsection (b), a grant made pursuant to subsection (a) to an
eligible sheriff's department shall be in an amount that allows for the
hiring of at least one additional deputy.
(d) Availability.--Grants made pursuant to subsection (a) are
authorized to remain available until expended.
(e) Eligibility and Funding.--To be eligible to receive a grant
under this section, a sheriff's department shall submit to the
Secretary of Homeland Security an application at such time, in such
manner, and containing such information as the Secretary may require.
(f) Eligible Sheriffs' Departments.--Sheriffs' departments in the
following counties are eligible to receive grants under this section:
(1) In Texas, the following counties: El Paso, Hudspeth,
Culberson, Jeff Davis, Presidio, Brewster, Terrell, Val Verde,
Kinney, Maverick, Dimmit, Webb, Zapata, Starr, Hidalgo,
Cameron, Willacy, Jim Hogg, Zavala, and Pecos Counties.
(2) In Arizona, the following counties: Yuma, Pima, Santa
Cruz, and Cochise Counties.
(3) In New Mexico, the following counties: Dona Ana, Luna,
Grant, Otero, and Hidalgo Counties.
(4) In California, the following counties: San Diego and
Imperial Counties.
(g) Funding Offset.--To carry out this section, the Secretary of
Homeland Security shall reprogram funds that would otherwise be
obligated and expended under the account heading ``Departmental
Management and Operations''.
SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION REPORTING ON BORDER
APPREHENSIONS.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall ensure that an individual who is apprehended
unlawfully crossing or attempting to unlawfully cross the border into
the United States is counted only once for purposes of counting border
apprehensions.
(b) Prohibition on Duplicate Counting.--Any subsequent transfer or
booking of an individual described in subsection (a) may not be counted
again for purposes of counting border apprehensions.
SEC. 10. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) In General.--Not later than two years after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish the biometric entry and exit data system required by section
7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b).
(b) Requirements.--In addition to the features required by such
section 7208, the Secretary shall ensure that the biometric entry and
exit data system is established and in operation at each port of entry
to the United States.
SEC. 11. DEFINITION.
In this Act, the term ``operational control'' means a condition in
which there is at least a 90-percent probability that all illegal
border crossers are apprehended and narcotics and other contraband are
seized.
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