II 

116TH CONGRESS 

1ST SESSION S. 404 

To require the Commissioner of U.S. Customs and Border Protection to 

acquire and enhance technology and assets in rural or remote areas 

near the southern border and to establish an Agent Mobility Demonstration Program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. HEINRICH (for himself and Mr. UDALL) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require the Commissioner of U.S. Customs and Border 

Protection to acquire and enhance technology and assets 

in rural or remote areas near the southern border and 

to establish an Agent Mobility Demonstration Program. 

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 ‘‘Remote Areas Border 

5 Security Enhancements Act’’. 


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1 SEC. 2. DEFINED TERM. 

2 In this Act, the term ‘‘rural or remote area’’ means 

3 an area within the United States along the international 

4 border between the United States and Mexico that is not 

5 within an area defined and designated by the Bureau of 

6 the Census as an urbanized area. 

7 SEC. 3. BORDER SECURITY ENHANCEMENTS IN MOUN8 TAINOUS, HIGH DESERT, AND BACKCOUNTRY 

9 TERRAIN. 

10 (a) IN GENERAL.—Notwithstanding section 102 of 

11 the Illegal Immigration Reform and Immigrant Responsi12 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 

13 208), the Secretary of Homeland Security may not begin 

14 the construction of any infrastructure project (including 

15 a pedestrian fence, vehicle barrier, levee, gate, wall, fence, 

16 road, or port of entry) along the international border be17 tween the United States and Mexico until— 

18 (1) the Comptroller General of the United 

19 States conducts a study that evaluates the need for 

20 enhanced technology and maintenance on existing 

21 equipment and other resources in rural or remote 

22 areas, prioritizing mountainous, high desert, and 

23 backcountry areas, including the estimated costs for 

24 carrying out the activities described in paragraph 

25 (2); and 


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1 (2) the Commissioner of U.S. Customs and 

2 Border Protection— 

3 (A) increases the use of advanced detection 

4 and surveillance technology; 

5 (B) acquires fixed and mobile technology 

6 assets, including night vision technology; 

7 (C) increases and improves interoperable 

8 communications; 

9 (D) acquires and deploys such additional 

10 horses and off-road vehicles, including all-ter11 rain vehicles, as may be necessary to provide 

12 for enhanced security in rural or remote areas 

13 near the international border between the 

14 United States and Mexico; 

15 (E) increases and upgrades facilities to the 

16 extent necessary to accommodate personnel and 

17 asset needs, including horse patrol facilities; 

18 and 

19 (F) performs any maintenance and care 

20 that may be necessary to preserve the oper21 ational capability of all mountainous, high 

22 desert, and backcountry assets, including tech23 nology assets, vehicles, forward operating bases, 

24 and horse patrol facilities. 


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1 (b) REQUIREMENTS.—In carrying out subsection (a), 

2 the Commissioner shall— 

3 (1) consult with agents in the field; and 

4 (2) prioritize the deployment of such technology 

5 based on the needs of remote stations and forward 

6 operating bases in rural or remote areas near the 

7 international border between the United States and 

8 Mexico. 

9 SEC. 4. REPORT. 

10 Not later than 1 year after the date of the enactment 

11 of this Act, the Commissioner shall submit a report to the 

12 appropriate congressional committees that describes the 

13 implementation of section 3, including— 

14 (1) the assets deployed in rural or remote areas 

15 near the international border between the United 

16 States and Mexico; and 

17 (2) the expenditures incurred to acquire and de18 ploy such assets. 

19 SEC. 5. AGENT MOBILITY DEMONSTRATION PROGRAM. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity shall establish a 5-year pilot program in the El Paso 

22 Sector, to be known as the ‘‘Agent Mobility Program’’, 

23 under which agents assigned within the El Paso Sector 

24 may laterally transfer to a designated, hard-to-fill station 

25 within the El Paso Sector for a period of at least 3 years. 


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1 (b) COMPLETION OF SERVICE.—Any agent who com2 pletes 3 years of service at a hard-to-fill station to which 

3 he or she transferred under the program established under 

4 paragraph (1)— 

5 (1) shall be presented to the selecting officer as 

6 a preferred agent; and 

7 (2) shall be eligible to transfer to 1 of 3 border 

8 patrol stations in the El Paso Sector of his or her 

9 choice that has an opening at the time of such 

10 transfer. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 In addition to amounts otherwise authorized to be ap13 propriated, there is authorized to be appropriated, to U.S. 

14 Customs and Border Protection, the amount determined 

15 to be necessary under the study required under section 

16 3(a)(1) to carry out the activities described in section 

17 3(a)(2). 

Æ 


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