I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support More Assets, 

5 Resources, and Technology on the Border Act of 2013’’ 

6 or the ‘‘SMART Act of 2013’’. 


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1 SEC. 2. OPERATIONAL CONTROL. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of the enactment of this Act, the Secretary of Home4 land Security shall take all actions the Secretary deter5 mines necessary and appropriate to achieve and maintain 

6 operational control of the international border between the 

7 United States and Mexico, and shall submit to the Comp8 troller General of the United States a report on such ac9 tions, achievement, and maintenance. 

10 (b) GAO CONSULTATION AND REPORT.—Not later 

11 than 90 days after the submission of the report by the 

12 Secretary of Homeland Security under subsection (a), the 

13 Comptroller General of the United States shall— 

14 (1) consult with State and local officials along 

15 the international border between the United States 

16 and Mexico, including border sheriffs, mayors of bor17 der towns and cities, chambers of commerce in bor18 der areas, farmers and ranchers and associated 

19 farming and ranching organizations in border areas, 

20 community organizations in border areas, State law 

21 enforcement agencies, and border State governors 

22 regarding the state of operational control of such 

23 border; and 

24 (2) submit to the Committee on Homeland Se25 curity of the House of Representatives and the Com26 mittee on Homeland Security and Governmental AfVerDate Mar 15 2010 03:44 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2220.IH H2220

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1 fairs of the Senate a report on such state of oper2 ational control. 

3 (c) JOINT RESOLUTION OF DISAPPROVAL ON OPER4 ATIONAL CONTROL.—Not later than 90 days after receiv5 ing the report of the Comptroller General under subsection 

6 (b)(2) regarding the state of operational control, both the 

7 House of Representatives and the Senate shall vote on a 

8 joint resolution on the question as to whether such report 

9 should be disapproved. Such joint resolution shall be 

10 deemed to pass only if— 

11 (1) a majority of each House approves such 

12 joint resolution; or 

13 (2) such joint resolution is not voted on by each 

14 House by such date. 

15 (d) ANNUAL REPORTS.—The Comptroller General of 

16 the United States shall submit to the Committee on 

17 Homeland Security of the House of Representatives and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate an annual report on the state of 

20 operational control of the international border between the 

21 United States and Mexico. The first of such annual re22 ports shall be submitted not later than one year after the 

23 report required under subsection (b)(2) is submitted. 


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1 SEC. 3. USE OF NATIONAL GUARD TO SUPPORT DEPART2 MENT OF HOMELAND SECURITY BORDER 

3 CONTROL ACTIVITIES. 

4 (a) EXPANDED DEPLOYMENT OF NATIONAL GUARD; 

5 DURATION.— 

6 (1) DEPLOYMENT REQUIREMENT.—At the re7 quest of a Governor of a State that shares a portion 

8 of the international border between the United 

9 States and Mexico the Secretary of Defense shall 

10 provide for the deployment of additional members of 

11 the National Guard along such border in excess of 

12 the number of members of the National Guard so 

13 deployed along such border as of the date of the en14 actment of this Act. 

15 (2) NUMBER OF ADDITIONAL GUARDSMEN DE16 PLOYED.—The total number of additional members 

17 of the National Guard deployed under paragraph (1) 

18 along the international border between the United 

19 States and Mexico may not exceed 10,000, except 

20 that the Secretary of Defense may exceed such num21 ber at the request of a Governor of a State that 

22 shares a portion of such border if, despite the de23 ployment of the additional 10,000 members of the 

24 National Guard, operational control of such border 

25 has not been achieved. 


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1 (3) DURATION.—The deployment of additional 

2 members of the National Guard under paragraph 

3 (1) in a State that shares a portion of the inter4 national border between the United States and Mex5 ico shall continue until the earlier of the following: 

6 (A) The date on which the Governor of the 

7 State revokes the request made under para8 graph (1). 

9 (B) The date on which a vote on the joint 

10 resolution of disapproval on operational control 

11 described in section 2(c) occurs if such joint 

12 resolution does not pass. 

13 (4) DEPLOYMENT AUTHORITIES.—Members of 

14 the National Guard deployed under paragraph (1) 

15 may be deployed under section 502(f) of title 32, 

16 United States Code, pursuant to a State border con17 trol activities plan approved under section 112a of 

18 such title, as added by subsection (b) of this section, 

19 or pursuant to the order of the Secretary of Defense 

20 under any other provision of law. 

21 (5) EXEMPTION FROM END STRENGTHS AND

22 OTHER LIMITATIONS.—Members of the National 

23 Guard deployed under paragraph (1) shall not be in24 cluded in the calculation to determine compliance 

25 with— 


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1 (A) limits on end strength; or 

2 (B) limits on the number of National 

3 Guard personal that may be placed on active 

4 duty for operational support. 

5 (b) FEDERAL ASSISTANCE FOR STATE BORDER CON6 TROL ACTIVITIES PLANS.—Chapter 1 of title 32, United 

7 States Code, is amended by inserting after section 112 the 

8 following: 

9 ‘‘SEC. 112a. BORDER CONTROL ACTIVITIES. 

10 ‘‘(a) FUNDING ASSISTANCE.—The Secretary of De11 fense shall provide funds to the Governor of a State who 

12 submits to the Secretary a State border control activities 

13 plan satisfying the requirements of subsection (c). Such 

14 funds shall be used for the following: 

15 ‘‘(1) The pay, allowances, clothing, subsistence, 

16 gratuities, travel, and related expenses, as author17 ized by State law, of personnel of the National 

18 Guard of that State used, while not in Federal serv19 ice, for the purpose of border control activities. 

20 ‘‘(2) The operation and maintenance of the 

21 equipment and facilities of the National Guard of 

22 that State used for the purpose of border control ac23 tivities. 

24 ‘‘(3) The procurement of services and equip25 ment, and the leasing of equipment, for the National 


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1 Guard of that State used for the purpose of border 

2 control activities. However, the use of such funds for 

3 the procurement of equipment may not exceed 

4 $5,000 per item, unless approval for procurement of 

5 equipment in excess of that amount is granted in ad6 vance by the Secretary of Defense. 

7 ‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME

8 NATIONAL GUARD DUTY.— 

9 ‘‘(1) IN GENERAL.—Under regulations pre10 scribed by the Secretary of Defense, personnel of the 

11 National Guard of a State may, in accordance with 

12 the State border control activities plan referred to in 

13 subsection (c), be ordered to perform full-time Na14 tional Guard duty under section 502(f) of this title 

15 for the purpose of carrying out border control activi16 ties. 

17 ‘‘(2) REQUIREMENTS.— 

18 ‘‘(A) TRAINING.—A member of the Na19 tional Guard serving on full-time National 

20 Guard duty under orders authorized under 

21 paragraph (1) shall participate in the training 

22 required under section 502(a) of this title in ad23 dition to the duty performed for the purpose 

24 authorized under that paragraph. The pay, al25 lowances, and other benefits of the member 


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1 while participating in the training shall be the 

2 same as those to which the member is entitled 

3 while performing duty for the purpose of car4 rying out border control activities. The member 

5 is not entitled to additional pay, allowances, or 

6 other benefits for participation in training re7 quired under section 502(a)(1) of this title. 

8 ‘‘(B) FUNDING.—Appropriations available 

9 for the Department of Defense for homeland 

10 defense may be used for paying costs associated 

11 with a member’s participation in training de12 scribed in subparagraph (A). The appropriation 

13 shall be reimbursed in full, out of appropria14 tions available for paying those costs, for the 

15 amounts paid. Appropriations available for pay16 ing those costs shall be available for making the 

17 reimbursements. 

18 ‘‘(C) RESTRICTIONS.—To ensure that the 

19 use of units and personnel of the National 

20 Guard of a State pursuant to a State border 

21 control activities plan does not degrade the 

22 training and readiness of such units and per23 sonnel, the following requirements shall apply in 

24 determining the border control activities that 


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1 units and personnel of the National Guard of a 

2 State may perform: 

3 ‘‘(i) The performance of the activities 

4 may not adversely affect the quality of that 

5 training or otherwise interfere with the 

6 ability of a member or unit of the National 

7 Guard to perform the military functions of 

8 the member or unit. 

9 ‘‘(ii) National Guard personnel will 

10 not degrade their military skills as a result 

11 of performing the activities. 

12 ‘‘(iii) The performance of the activi13 ties will not result in a significant increase 

14 in the cost of training. 

15 ‘‘(iv) In the case of border control ac16 tivities performed by a unit organized to 

17 serve as a unit, the activities will support 

18 valid unit training requirements. 

19 ‘‘(c) PLAN REQUIREMENTS.—A State border control 

20 activities plan shall— 

21 ‘‘(1) specify how personnel of the National 

22 Guard of that State are to be used in border control 

23 activities in support of the mission of United States 

24 Customs and Border Protection of the Department 

25 of Homeland Security; 


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1 ‘‘(2) certify that those operations are to be con2 ducted at a time when the personnel involved are not 

3 in Federal service; 

4 ‘‘(3) certify that participation by National 

5 Guard personnel in those operations is service in ad6 dition to training required under section 502 of this 

7 title; 

8 ‘‘(4) certify that any engineer-type activities (as 

9 defined by the Secretary of Defense) under the plan 

10 will be performed only by units and members of the 

11 National Guard; 

12 ‘‘(5) include a certification by the Attorney 

13 General of the State (or, in the case of a State with 

14 no position of Attorney General, a civilian official of 

15 the State equivalent to a State attorney general) 

16 that the use of the National Guard of the State for 

17 the activities proposed under the plan is authorized 

18 by, and is consistent with, State law; and 

19 ‘‘(6) certify that the Governor of the State or 

20 a civilian law enforcement official of the State des21 ignated by the Governor has determined that any ac22 tivities included in the plan that are carried out in 

23 conjunction with Federal law enforcement agencies 

24 serve a State law enforcement purpose. 


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1 ‘‘(d) EXAMINATION OF PLAN.—Before funds are pro2 vided to the Governor of a State under this section and 

3 before members of the National Guard of that State are 

4 ordered to full-time National Guard duty as authorized in 

5 subsection (b), the Secretary of Defense shall, in consulta6 tion with the Secretary of Homeland Security, examine the 

7 adequacy of the plan submitted by the Governor under 

8 subsection (c). The plan as approved by the Secretary of 

9 Defense may provide for the use of personnel and equip10 ment of the National Guard of that State to assist United 

11 States Customs and Border Protection in the transpor12 tation of aliens who have violated a Federal immigration 

13 law. 

14 ‘‘(e) END STRENGTH LIMITATION.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), at the end of a fiscal year there 

17 may not be more than 10,000 members of the Na18 tional Guard— 

19 ‘‘(A) on full-time National Guard duty 

20 under section 502(f) of this title to perform 

21 border control activities pursuant to an order to 

22 duty; or 

23 ‘‘(B) on duty under State authority to per24 form border control activities pursuant to an 

25 order to duty with State pay and allowances 


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1 being reimbursed with funds provided under 

2 subsection (a)(1). 

3 ‘‘(2) EXCEPTION.—The Secretary of Defense 

4 may increase the end strength authorized under 

5 paragraph (1) if the Secretary determines that such 

6 an increase is necessary in the national security in7 terests of the United States. 

8 ‘‘(3) CERTAIN EXCLUSION.—National Guard 

9 personnel deployed pursuant to paragraph (1) shall 

10 not be included in the calculation to determine com11 pliance with— 

12 ‘‘(A) limits on end strength; or 

13 ‘‘(B) limits on the number of National 

14 Guard personnel that may be placed on active 

15 duty for operational support. 

16 ‘‘(f) ANNUAL REPORT.—The Secretary of Defense 

17 shall submit to Congress an annual report regarding as18 sistance provided and activities carried out under this sec19 tion during the preceding fiscal year. The report shall in20 clude the following: 

21 ‘‘(1) The number of members of the National 

22 Guard excluded under subsection (e)(3) from the 

23 computation of end strengths. 

24 ‘‘(2) A description of the border control activi25 ties conducted under State border control activities 


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1 plans referred to in subsection (c) with funds pro2 vided under this section. 

3 ‘‘(3) An accounting of the amount of funds pro4 vided to each State. 

5 ‘‘(4) A description of the effect on military 

6 training and readiness of using units and personnel 

7 of the National Guard to perform activities under 

8 the State border control activities plans. 

9 ‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 

10 section shall be construed as a limitation on the authority 

11 of any unit of the National Guard of a State, when such 

12 unit is not in Federal service, to perform law enforcement 

13 functions authorized to be performed by the National 

14 Guard by the laws of the State concerned. 

15 ‘‘(h) DEFINITIONS.—In this section: 

16 ‘‘(1) BORDER CONTROL ACTIVITIES.—The term 

17 ‘border control activities’, with respect to the Na18 tional Guard of a State, means the use of National 

19 Guard personnel in border control activities author20 ized by the law of the State and requested by the 

21 Governor of the State in support of the mission of 

22 United States Customs and Border Protection of the 

23 Department of Homeland Security, including activi24 ties as follows: 


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1 ‘‘(A) Armed vehicle and foot patrols along 

2 the international border between the United 

3 States and Mexico. 

4 ‘‘(B) Interdiction of a vehicle, vessel, air5 craft or other similar activity. 

6 ‘‘(C) Search, seizure, and detention of sus7 pects. 

8 ‘‘(D) Construction of roads, fences, and ve9 hicle barriers. 

10 ‘‘(E) Search and rescue operations. 

11 ‘‘(F) Intelligence gathering, surveillance, 

12 and reconnaissance. 

13 ‘‘(G) Aviation support. 

14 ‘‘(2) GOVERNOR OF A STATE.—The term ‘Gov15 ernor of a State’ means, in the case of the District 

16 of Columbia, the Commanding General of the Na17 tional Guard of the District of Columbia. 

18 ‘‘(3) STATE.—The term ‘State’ means each of 

19 the several States, the District of Columbia, the 

20 Commonwealth of Puerto Rico, or a territory or pos21 session of the United States.’’. 

22 (c) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 1 of such title is amended by 

24 inserting after the item relating to section 112 the fol25 lowing new item: 

‘‘112a. Border control activities’’. 


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1 SEC. 4. SMART BORDER TECHNOLOGY. 

2 If the Secretary of Homeland Security determines 

3 that there are areas along the international border be4 tween the United States and Mexico with respect to which 

5 operational control has not been achieved and maintained, 

6 the Secretary is authorized to deploy smart border tech7 nologies, such as seismic detectors and unmanned aerial 

8 vehicles to such areas to achieve and maintain operational 

9 control over such areas. 

10 SEC. 5. TRANSFER OF USED MILITARY EQUIPMENT TO FED11 ERAL, STATE, AND LOCAL AGENCIES. 

12 (a) IN GENERAL.—Not later than one year after eli13 gible equipment returns to the United States, and in ac14 cordance with subsections (b) and (c) of section 2576a of 

15 title 10, United States Code, the Secretary of Defense may 

16 transfer such eligible equipment to Federal, State, and 

17 local agencies. 

18 (b) PREFERENCE.— 

19 (1) TRANSFERS UNDER THIS SECTION.—In 

20 considering applications for the transfer of eligible 

21 equipment under subsection (a), the Secretary of 

22 Defense may give preference to Federal, State, and 

23 local agencies that will use such eligible equipment 

24 primarily for the purpose of strengthening border se25 curity along the international border between the 

26 United States and Mexico. 


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1 (2) TRANSFERS GENERALLY.—Section 

2 2576a(d) of title 10, United States Code, is amend3 ed— 

4 (A) by striking ‘‘In considering’’ and in5 serting ‘‘(1) In considering’’; and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2)(A) In considering applications for the transfer 

9 of equipment described in subparagraph (B) under this 

10 section, the Secretary may give a preference to those appli11 cations indicating that the transferred property will be 

12 used primarily for the purpose of strengthening border se13 curity along the international border between the United 

14 States and Mexico. 

15 ‘‘(B) Equipment described in this subparagraph is 

16 equipment of the Department of Defense that— 

17 ‘‘(i) was used in Operation Enduring Freedom, 

18 Operation Iraqi Freedom, or Operation New Dawn; 

19 and— 

20 ‘‘(ii) the Secretary determines would be suitable 

21 for use by Federal and State agencies in law en22 forcement activities, including— 

23 ‘‘(I) surveillance unmanned aerial vehicles, 

24 including the MQ–9 Reaper (also known as the 

25 ‘Predator B’); 


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1 ‘‘(II) night-vision goggles; and 

2 ‘‘(III) high mobility multi-purpose wheel 

3 vehicles (commonly known as ‘humvees’).’’. 

4 (c) ELIGIBLE EQUIPMENT DEFINED.—In this sec5 tion, the term ‘‘eligible equipment’’ means equipment of 

6 the Department of Defense that— 

7 (1) was used in Operation Enduring Freedom, 

8 Operation Iraqi Freedom, or Operation New Dawn; 

9 and 

10 (2) the Secretary of Defense determines would 

11 be suitable for use by Federal and State agencies in 

12 law enforcement activities, including— 

13 (A) surveillance unmanned aerial vehicles, 

14 including the MQ–9 Reaper (also known as the 

15 ‘‘Predator B’’); 

16 (B) night-vision goggles; and 

17 (C) high mobility multi-purpose wheel vehi18 cles (commonly known as ‘‘humvees’’). 

19 SEC. 6. CBP VETERAN HIRING. 

20 (a) ADDITIONAL HIRES.—Not later than the date of 

21 a vote on the joint resolution of disapproval on operational 

22 control described in section 2(c) if such joint resolution 

23 passes (or the date by which such vote is required to have 

24 occurred pursuant to such section), the Secretary of 

25 Homeland Security shall appoint 1,500 Border Patrol 


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1 agents over the number of such agents who were employed 

2 by the Department of Homeland Security as of the date 

3 of the enactment of this Act. 

4 (b) PREFERENCE.—In carrying out the additional 

5 appointments required under subsection (a), the Secretary 

6 of Homeland Security shall give preference to veterans re7 turning from overseas deployments. To the maximum ex8 tent practicable and subject to otherwise applicable provi9 sions of law, the Secretary— 

10 (1) shall implement policies and procedures that 

11 will allow veterans so appointed to start employment 

12 within 90 days after the date on which they make 

13 application for appointment; and 

14 (2) shall streamline the background-check and 

15 security-clearance procedures that apply to veterans 

16 so appointed. 

17 SEC. 7. SOUTHERN BORDERLANDS PUBLIC SAFETY COM18 MUNICATIONS GRANT PROGRAM. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity may make competitive grants for public-private part21 nerships that finance equipment and infrastructure to im22 prove the public safety of persons who are residents of 

23 rural areas of the United States near the international 

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1 munications for such persons who do not currently have 

2 access to reliable mobile communications networks. 

3 (b) FOCUS AREAS.—In making grants under this sec4 tion, the Secretary of Homeland Security shall focus on 

5 projects that improve mobile communications in areas im6 pacted by the illegal smuggling and trafficking of people 

7 and drugs from Mexico into the United States. 

8 (c) ELIGIBLE APPLICANTS.—Persons eligible for 

9 grants under this section include States, counties, munici10 palities, organizations representing agricultural producers 

11 and other rural Americans, and telecommunications pro12 viders. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—For 

14 grants under this section there is authorized to be appro15 priated to the Secretary $10,000,000 for the three-fiscal16 year period following the date of the enactment of this 

17 Act. 

18 (e) FUNDING OFFSET.—To offset amounts appro19 priated pursuant to the authorization of appropriations in 

20 subsection (d), the International Forestry Cooperation Act 

21 of 1990 (16 U.S.C. 4501 et seq.) is repealed. 

22 SEC. 8. COMMUNITY IMPACT AID GRANTS. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity shall make grants to sheriffs’ departments along 

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1 ico for the purpose of hiring additional deputies, including 

2 for salaries, benefits, training, uniforms, patrol vehicles, 

3 and arms. 

4 (b) GRANT CALCULATION FORMULA.—Except as 

5 provided in subsection (c), a grant made pursuant to sub6 section (a) shall be in an amount equal to 30 percent of 

7 an eligible sheriff’s department’s fiscal year 2010 budget 

8 for patrol deputies. 

9 (c) MINIMUM BENEFIT.—Notwithstanding the cal10 culation provided for in subsection (b), a grant made pur11 suant to subsection (a) to an eligible sheriff’s department 

12 shall be in an amount that allows for the hiring of at least 

13 one additional deputy. 

14 (d) AVAILABILITY.—Grants made pursuant to sub15 section (a) are authorized to remain available until ex16 pended. 

17 (e) ELIGIBILITY AND FUNDING.—To be eligible to re18 ceive a grant under this section, a sheriff’s department 

19 shall submit to the Secretary of Homeland Security an ap20 plication at such time, in such manner, and containing 

21 such information as the Secretary may require. 

22 (f) ELIGIBLE SHERIFFS’ DEPARTMENTS.—Sheriffs’ 

23 departments in the following counties are eligible to re24 ceive grants under this section: 


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1 (1) In Texas, the following counties: El Paso, 

2 Hudspeth, Culberson, Jeff Davis, Presidio, Brew3 ster, Terrell, Val Verde, Kinney, Maverick, Dimmit, 

4 Webb, Zapata, Starr, Hidalgo, Cameron, Willacy, 

5 Jim Hogg, Zavala, and Pecos Counties. 

6 (2) In Arizona, the following counties: Yuma, 

7 Pima, Santa Cruz, and Cochise Counties. 

8 (3) In New Mexico, the following counties: 

9 Dona Ana, Luna, Grant, Otero, and Hidalgo Coun10 ties. 

11 (4) In California, the following counties: San 

12 Diego and Imperial Counties. 

13 (g) FUNDING OFFSET.—To carry out this section, 

14 the Secretary of Homeland Security shall reprogram funds 

15 that would otherwise be obligated and expended under the 

16 account heading ‘‘Departmental Management and Oper17 ations’’. 

18 SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION REPORT19 ING ON BORDER APPREHENSIONS. 

20 (a) IN GENERAL.—The Commissioner of U.S. Cus21 toms and Border Protection shall ensure that an indi22 vidual who is apprehended unlawfully crossing or attempt23 ing to unlawfully cross the border into the United States 

24 is counted only once for purposes of counting border ap25 prehensions. 


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1 (b) PROHIBITION ON DUPLICATE COUNTING.—Any 

2 subsequent transfer or booking of an individual described 

3 in subsection (a) may not be counted again for purposes 

4 of counting border apprehensions. 

5 SEC. 10. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

6 (a) IN GENERAL.—Not later than two years after the 

7 date of enactment of this Act, the Secretary of Homeland 

8 Security shall establish the biometric entry and exit data 

9 system required by section 7208 of the Intelligence Re10 form and Terrorism Prevention Act of 2004 (8 U.S.C. 

11 1365b). 

12 (b) REQUIREMENTS.—In addition to the features re13 quired by such section 7208, the Secretary shall ensure 

14 that the biometric entry and exit data system is estab15 lished and in operation at each port of entry to the United 

16 States. 

17 SEC. 11. DEFINITION. 

18 In this Act, the term ‘‘operational control’’ means a 

19 condition in which there is at least a 90-percent prob20 ability that all illegal border crossers are apprehended and 

21 narcotics and other contraband are seized. 

Æ 


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