,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bbbj  ,,in ,,the ,,house ,,of  
,,representatives  ,june #c1 #bjac ,mr4 
,poe of ,texas 7for himself1 ,mr4       
,flores1 ,mr4 ,smith of ,texas1 ,mrs4   
,black1 and ,mr4 ,gingrey of ,georgia7  
introduced the following bill2 which was
 referred to the ,committee on ,homeland
 ,security1 and in addition to the      
,committees on ,armed ,services1 ,rules1
 ,energy and ,commerce1 and             
,agriculture1 for a period to be        
subsequently determined by the ,speaker1
 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 ,states1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,support ,more      
,assets1 ,resources1 and ,technology on 
the ,border ,act of #bjac or the ,,smart
 ,act of #bjac4  #b4 ,operational       
control  7a7 ,in general ,not later than

 one year after the date of the         
enactment of this ,act1 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 ,mexico1 and shall submit  
to the ,comptroller ,general of the     
,united ,states a report on such        
actions1 achievement1 and maintenance4  
7b7 ,,gao consultation and report ,not  
later than #ij days after the submission
 of the report by the ,secretary of     
,homeland ,security under subsection    
7a71 the ,comptroller ,general of the   
,united ,states shall--  7#a7 consult   
with ,state and local officials along   
the international border between the    
,united ,states and ,mexico1 including  
border sheriffs1 mayors of border towns 
and cities1 chambers of commerce in     
border areas1 farmers and ranchers and  
associated farming and ranching         
organizations in border areas1 community

 organizations in border areas1 ,state  
law enforcement agencies1 and border    
,state governors regarding the state of 
operational control of such border2 and 
7#b7 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 control4  7c7     
,joint resolution of disapproval on     
operational control ,not later than #ij 
days after receiving the report of the  
,comptroller ,general under subsection  
7b77#b7 regarding the state of          
operational control1 both the ,house of 
,representatives and the ,senate shall  
vote on a joint resolution on the       
question as to whether such report      
should be disapproved4 ,such joint      
resolution shall be deemed to pass only 
if--  7#a7 a majority of each ,house    
approves such joint resolution2 or  7#b7
 such joint resolution is not voted on  
by each ,house by such date4  7d7       

,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 ,mexico4 ,the first 
of such annual reports shall be         
submitted not later than one year after 
the report required under subsection    
7b77#b7 is submitted4  #c4 ,use of      
,national ,guard to support ,department 
of ,homeland ,security border control   
activities  7a7 ,expanded deployment of 
,national ,guard2 ,duration  7#a7       
,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 ,act4     
7#b7 ,number of additional ,guardsmen   
deployed ,the total number of additional
 members of the ,national ,guard        
deployed under paragraph 7#a7 along the 
international border between the ,united
 ,states and ,mexico may not exceed     
#aj1jjj1 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 if1     
despite the deployment of the additional
 #aj1jjj members of the ,national       
,guard1 operational control of such     
border has not been achieved4  7#c7     
,duration ,the deployment of additional 
members of the ,national ,guard under   
paragraph 7#a7 in a ,state that shares a
 portion of the international border    
between the ,united ,states and ,mexico 
shall continue until the earlier of the 
following3  7,a7 ,the date on which the 

,governor of the ,state revokes the     
request made under paragraph 7#a74  7,b7
 ,the date on which a vote on the joint 
resolution of disapproval on operational
 control described in section #b7;c7    
occurs if such joint resolution does not
 pass4  7#d7 ,deployment authorities    
,members of the ,national ,guard        
deployed under paragraph 7#a7 may be    
deployed under section #ejb7;f7 of title
 #cb1 ,united ,states ,code1 pursuant to
 a ,state border control activities plan
 approved under section #aab;a of such  
title1 as added by subsection 7b7 of    
this section1 or pursuant to the order  
of the ,secretary of ,defense under any 
other provision of law4  7#e7 ,exemption
 from end strengths and other           
limitations ,members of the ,national   
,guard deployed under paragraph 7#a7    
shall not be included in the calculation
 to determine compliance with--  7,a7   
limits on end strength2 or  7,b7 limits 
on the number of ,national ,guard       
personal that may be placed on active   

duty for operational support4  7b7      
,federal assistance for ,state border   
control activities plans ,chapter #a of 
title #cb1 ,united ,states ,code1 is    
amended by inserting after section #aab 
the following3  #aab;a4 ,border control 
activities  7a7 ,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 7c74 ,such funds shall be    
used for the following3  7#a7 ,the pay1 
allowances1 clothing1 subsistence1      
gratuities1 travel1 and related         
expenses1 as authorized by ,state law1  
of personnel of the ,national ,guard of 
that ,state used1 while not in ,federal 
service1 for the purpose of border      
control activities4  7#b7 ,the operation
 and maintenance of the equipment and   
facilities of the ,national ,guard of   
that ,state used for the purpose of     
border control activities4  7#c7 ,the   

procurement of services and equipment1  
and the leasing of equipment1 for the   
,national ,guard of that ,state used for
 the purpose of border control          
activities4 ,however1 the use of such   
funds for the procurement of equipment  
may not exceed #e1jjj per item1 unless  
approval for procurement of equipment in
 excess of that amount is granted in    
advance by the ,secretary of ,defense4  
7b7 ,use of personnel performing        
full-,time ,national ,guard duty  7#a7  
,in general ,under regulations          
prescribed by the ,secretary of         
,defense1 personnel of the ,national    
,guard of a ,state may1 in accordance   
with the ,state border control          
activities plan referred to in          
subsection 7c71 be ordered to perform   
full-time ,national ,guard duty under   
section #ejb7;f7 of this title for the  
purpose of carrying out border control  
activities4  7#b7 ,requirements  7,a7   
,training ,a member of the ,national    
,guard serving on full-time ,national   

,guard duty under orders authorized     
under paragraph 7#a7 shall participate  
in the training required under section  
#ejb7;a7 of this title in addition to   
the duty performed for the purpose      
authorized under that paragraph4 ,the   
pay1 allowances1 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 activities4 
,the member is not entitled to          
additional pay1 allowances1 or other    
benefits for participation in training  
required under section #ejb7;a77#a7 of  
this title4  7,b7 ,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  
7,a74 ,the appropriation shall be       
reimbursed in full1 out of              
appropriations available for paying     

those costs1 for the amounts paid4      
,appropriations available for paying    
those costs shall be available for      
making the reimbursements4  7,c7        
,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 personnel1 the following 
requirements shall apply in determining 
the border control activities that units
 and personnel of the ,national ,guard  
of a ,state may perform3  7i7 ,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 unit4  7ii7 
,national ,guard personnel will not     
degrade their military skills as a      
result of performing the activities4    
7iii7 ,the performance of the activities
 will not result in a significant       

increase in the cost of training4  7iv7 
,in the case of border control          
activities performed by a unit organized
 to serve as a unit1 the activities will
 support valid unit training            
requirements4  7c7 ,plan requirements ,a
 ,state border control activities plan  
shall--  7#a7 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        
,security2  7#b7 certify that those     
operations are to be conducted at a time
 when the personnel involved are not in 
,federal service2  7#c7 certify that    
participation by ,national ,guard       
personnel in those operations is service
 in addition to training required under 
section #ejb of this title2  7#d7       
certify that any engineer-type          
activities 7as defined by the ,secretary
 of ,defense7 under the plan will be    
performed only by units and members of  

the ,national ,guard2  7#e7 include a   
certification by the ,attorney ,general 
of the ,state 7or1 in the case of a     
,state with no position of ,attorney    
,general1 a civilian official of the    
,state equivalent to a ,state attorney  
general7 that the use of the ,national  
,guard of the ,state for the activities 
proposed under the plan is authorized   
by1 and is consistent with1 ,state law2 
and  7#f7 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 purpose4  7d7  
,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 7b71   
the ,secretary of ,defense shall1 in    

consultation with the ,secretary of     
,homeland ,security1 examine the        
adequacy of the plan submitted by the   
,governor under subsection 7c74 ,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 law4  7e7 ,end strength     
limitation  7#a7 ,in general ,except as 
provided in paragraphs 7#b7 and 7#c71 at
 the end of a fiscal year there may not 
be more than #aj1jjj members of the     
,national ,guard--  7,a7 on full-time   
,national ,guard duty under section     
#ejb7;f7 of this title to perform border
 control activities pursuant to an order
 to duty2 or  7,b7 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 7a77#a74  7#b7 ,exception    
,the ,secretary of ,defense may increase
 the end strength authorized under      
paragraph 7#a7 if the ,secretary        
determines that such an increase is     
necessary in the national security      
interests of the ,united ,states4  7#c7 
,certain exclusion ,national ,guard     
personnel deployed pursuant to paragraph
 7#a7 shall not be included in the      
calculation to determine compliance     
with--  7,a7 limits on end strength2 or 
7,b7 limits on the number of ,national  
,guard personnel that may be placed on  
active duty for operational support4    
7f7 ,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 year4 ,the report shall include  
the following3  7#a7 ,the number of     
members of the ,national ,guard excluded
 under subsection 7e77#c7 from the      
computation of end strengths4  7#b7 ,a  

description of the border control       
activities conducted under ,state border
 control activities plans referred to in
 subsection 7c7 with funds provided     
under this section4  7#c7 ,an accounting
 of the amount of funds provided to each
 ,state4  7#d7 ,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 plans4  7g7          
,statutory construction ,nothing in this
 section shall be construed as a        
limitation on the authority of any unit 
of the ,national ,guard of a ,state1    
when such unit is not in ,federal       
service1 to perform law enforcement     
functions authorized to be performed by 
the ,national ,guard by the laws of the 
,state concerned4  7h7 ,definitions ,in 
this section3  7#a7 ,border control     
activities ,the term border control     
activities1 with respect to the         
,national ,guard of a ,state1 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 ,security1     
including activities as follows3  7,a7  
,armed vehicle and foot patrols along   
the international border between the    
,united ,states and ,mexico4  7,b7      
,interdiction of a vehicle1 vessel1     
aircraft or other similar activity4     
7,c7 ,search1 seizure1 and detention of 
suspects4  7,d7 ,construction of roads1 
fences1 and vehicle barriers4  7,e7     
,search and rescue operations4  7,f7    
,intelligence gathering1 surveillance1  
and reconnaissance4  7,g7 ,aviation     
support4  7#b7 ,governor of a ,state    
,the term ,governor of a ,state means1  
in the case of the ,district of         
,columbia1 the ,commanding ,general of  
the ,national ,guard of the ,district of
 ,columbia4  7#c7 ,state ,the term      

,state means each of the several        
,states1 the ,district of ,columbia1 the
 ,commonwealth of ,puerto ,rico1 or a   
territory or possession of the ,united  
,states4  4  7c7 ,clerical amendment    
,the table of sections at the beginning 
of chapter #a of such title is amended  
by inserting after the item relating to 
section #aab the following new item3    
#aab;a4 ,border control activities  4   
#d4 ,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 maintained1 the       
,secretary is authorized to deploy smart
 border technologies1 such as seismic   
detectors and unmanned aerial vehicles  
to such areas to achieve and maintain   
operational control over such areas4    
#e4 ,transfer of used military equipment
 to ,federal1 ,state1 and local agencies
  7a7 ,in general ,not later than one   

year after eligible equipment returns to
 the ,united ,states1 and in accordance 
with subsections 7b7 and 7c7 of section 
#begf;a of title #aj1 ,united ,states   
,code1 the ,secretary of ,defense may   
transfer such eligible equipment to     
,federal1 ,state1 and local agencies4   
7b7 ,preference  7#a7 ,transfers under  
this section ,in considering            
applications for the transfer of        
eligible equipment under subsection 7a71
 the ,secretary of ,defense may give    
preference to ,federal1 ,state1 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 ,mexico4  7#b7  
,transfers generally ,section #begf;a7d7
 of title #aj1 ,united ,states ,code1 is
 amended--  7,a7 by striking ,in        
considering and inserting 7#a7 ,in      
considering2 and  7,b7 by adding at the 
end the following new paragraph3  7#b7  
7,a7 ,in considering applications for   

the transfer of equipment described in  
subparagraph 7,b7 under this section1   
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 ,mexico4  7,b7 ,equipment  
described in this subparagraph is       
equipment of the ,department of ,defense
 that--  7i7 was used in ,operation     
,enduring ,freedom1 ,operation ,iraqi   
,freedom1 or ,operation ,new ,dawn2     
and--  7ii7 the ,secretary determines   
would be suitable for use by ,federal   
and ,state agencies in law enforcement  
activities1 including--  7,i7           
surveillance unmanned aerial vehicles1  
including the ,,mq-#i ,reaper 7also     
known as the ,predator ,b72  7,,ii7     
night-vision goggles2 and  7,,iii7 high 
mobility multi-purpose wheel vehicles   
7commonly known as humvees74  4  7c7    
,eligible equipment defined ,in this    

section1 the term eligible equipment    
means equipment of the ,department of   
,defense that--  7#a7 was used in       
,operation ,enduring ,freedom1          
,operation ,iraqi ,freedom1 or          
,operation ,new ,dawn2 and  7#b7 the    
,secretary of ,defense determines would 
be suitable for use by ,federal and     
,state agencies in law enforcement      
activities1 including--  7,a7           
surveillance unmanned aerial vehicles1  
including the ,,mq-#i ,reaper 7also     
known as the ,predator ,b72  7,b7       
night-vision goggles2 and  7,c7 high    
mobility multi-purpose wheel vehicles   
7commonly known as humvees74  #f4 ,,cbp 
veteran hiring  7a7 ,additional hires   
,not later than the date of a vote on   
the joint resolution of disapproval on  
operational control described in section
 #b7;c7 if such joint resolution passes 
7or the date by which such vote is      
required to have occurred pursuant to   
such section71 the ,secretary of        
,homeland ,security shall appoint #a1ejj

 ,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 ,act4
  7b7 ,preference ,in carrying out the  
additional appointments required under  
subsection 7a71 the ,secretary of       
,homeland ,security shall give          
preference to veterans returning from   
overseas deployments4 ,to the maximum   
extent practicable and subject to       
otherwise applicable provisions of law1 
the ,secretary--  7#a7 shall implement  
policies and procedures that will allow 
veterans so appointed to start          
employment within #ij days after the    
date on which they make application for 
appointment2 and  7#b7 shall streamline 
the background-check and                
security-clearance procedures that apply
 to veterans so appointed4  #g4         
,southern borderlands public safety     
communications grant program  7a7 ,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 ,mexico1 by enhancing access
 to mobile communications for such      
persons who do not currently have access
 to reliable mobile communications      
networks4  7b7 ,focus areas ,in making  
grants under this section1 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 ,states4  7c7 ,eligible         
applicants ,persons eligible for grants 
under this section include ,states1     
counties1 municipalities1 organizations 
representing agricultural producers and 
other rural ,americans1 and             
telecommunications providers4  7d7      
,authorization of appropriations ,for   
grants under this section there is      

authorized to be appropriated to the    
,secretary #aj1jjj1jjj for the          
three-fiscal-year period following the  
date of the enactment of this ,act4  7e7
 ,funding offset ,to offset amounts     
appropriated pursuant to the            
authorization of appropriations in      
subsection 7d71 the ,international      
,forestry ,cooperation ,act of #aiij    
7#af ,u4,s4,c4 #deja et seq47 is        
repealed4  #h4 ,community impact aid    
grants  7a7 ,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 deputies1 including   
for salaries1 benefits1 training1       
uniforms1 patrol vehicles1 and arms4    
7b7 ,grant calculation formula ,except  
as provided in subsection 7c71 a grant  
made pursuant to subsection 7a7 shall be
 in an amount equal to #cj percent of an
 eligible sheriff's department's fiscal 
year #bjaj budget for patrol deputies4  

7c7 ,minimum benefit ,notwithstanding   
the calculation provided for in         
subsection 7b71 a grant made pursuant to
 subsection 7a7 to an eligible sheriff's
 department shall be in an amount that  
allows for the hiring of at least one   
additional deputy4  7d7 ,availability   
,grants made pursuant to subsection 7a7 
are authorized to remain available until
 expended4  7e7 ,eligibility and funding
 ,to be eligible to receive a grant     
under this section1 a sheriff's         
department shall submit to the          
,secretary of ,homeland ,security an    
application at such time1 in such       
manner1 and containing such information 
as the ,secretary may require4  7f7     
,eligible sheriffs' departments         
,sheriffs' departments in the following 
counties are eligible to receive grants 
under this section3  7#a7 ,in ,texas1   
the following counties3 ,el ,paso1      
,hudspeth1 ,culberson1 ,jeff ,davis1    
,presidio1 ,brewster1 ,terrell1 ,val    
,verde1 ,kinney1 ,maverick1 ,dimmit1    

,webb1 ,zapata1 ,starr1 ,hidalgo1       
,cameron1 ,willacy1 ,jim ,hogg1 ,zavala1
 and ,pecos ,counties4  7#b7 ,in        
,arizona1 the following counties3 ,yuma1
 ,pima1 ,santa ,cruz1 and ,cochise      
,counties4  7#c7 ,in ,new ,mexico1 the  
following counties3 ,dona ,ana1 ,luna1  
,grant1 ,otero1 and ,hidalgo ,counties4 
7#d7 ,in ,california1 the following     
counties3 ,san ,diego and ,imperial     
,counties4  7g7 ,funding offset ,to     
carry out this section1 the ,secretary  
of ,homeland ,security shall reprogram  
funds that would otherwise be obligated 
and expended under the account heading  
,departmental ,management and           
,operations4  #i4 ,u4,s4 ,customs and   
,border ,protection reporting on border 
apprehensions  7a7 ,in general ,the     
,commissioner of ,u4,s4 ,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            
apprehensions4  7b7 ,prohibition on     
duplicate counting ,any subsequent      
transfer or booking of an individual    
described in subsection 7a7 may not be  
counted again for purposes of counting  
border apprehensions4  #aj4 ,biometric  
,entry and ,exit data system  7a7 ,in   
general ,not later than two years after 
the date of enactment of this ,act1 the 
,secretary of ,homeland ,security shall 
establish the biometric entry and exit  
data system required by section #gbjh of
 the ,intelligence ,reform and          
,terrorism ,prevention ,act of #bjjd 7#h
 ,u4,s4,c4 #acfe;b74  7b7 ,requirements 
,in addition to the features required by
 such section #gbjh1 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 ,states4  #aa4 ,definition  
,in this ,act1 the term operational     
control means a condition in which there
 is at least a #ij-percent probability  

that all illegal border crossers are    
apprehended and narcotics and other     
contraband are seized4