113 HR 2220 IH: Support More Assets, Resources, and Technology on the Border Act of 2013
U.S. House of Representatives
2013-06-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.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
.
2.
(a)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 reportNot 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 controlNot 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)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.
3.Use of National
Guard to support Department of Homeland Security border control
activities
(a)Expanded
deployment of National Guard; Duration
(1)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 deployedThe 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)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)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 limitationsMembers 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 plansChapter 1 of
title 32, United States Code, is amended by inserting after section 112 the
following:
112a.Border control
activities
(a)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)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)
(A)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)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)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)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)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)
(1)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)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)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)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)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)In
this section:
(1)Border control
activitiesThe 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)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)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)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
.
4.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.
5.Transfer of used
military equipment to Federal, State, and local agencies
(a)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)
(1)Transfers under
this sectionIn 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)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 definedIn 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
).
6.
(a)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)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.
7.Southern
borderlands public safety communications grant program
(a)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)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)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
appropriationsFor 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)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.
8.Community impact
aid grants
(a)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 formulaExcept 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)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)Grants
made pursuant to subsection (a) are authorized to remain available until
expended.
(e)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’ departmentsSheriffs’ 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)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.
9.U.S. Customs and
Border Protection reporting on border apprehensions
(a)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 countingAny subsequent transfer or booking of an
individual described in subsection (a) may not be counted again for purposes of
counting border apprehensions.
10.Biometric Entry
and Exit data system
(a)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)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.
11.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.