[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                 H. R. 22

 To provide for operational control of the international border of the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

  Mr. Poe of Texas (for himself, Mr. Smith of Texas, and Mrs. Black) 
 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 2017'' or the ``SMART Border Act of 
2017''.

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 
                personnel 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 all illegal border crossers are apprehended and narcotics and 
other contraband are seized.
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