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 juris-
diction 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 Representa-
tives 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 2013’’ 
or the ‘‘SMART Act of 2013’’. 
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SEC. 2. OPERATIONAL CONTROL. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall take all actions the Secretary deter-
mines necessary and appropriate to achieve and maintain 
operational control of the international border between the 
United States and Mexico, and shall submit to the Comp-
troller General of the United States a report on such ac-
tions, 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 bor-
der towns and cities, chambers of commerce in bor-
der 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 Se-
curity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
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fairs of the Senate a report on such state of oper-
ational control. 
(c) JOINT RESOLUTION OF DISAPPROVAL ON OPER-
ATIONAL CONTROL.—Not later than 90 days after receiv-
ing 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 re-
ports shall be submitted not later than one year after the 
report required under subsection (b)(2) is submitted. 
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SEC. 3. USE OF NATIONAL GUARD TO SUPPORT DEPART-
MENT OF HOMELAND SECURITY BORDER 
CONTROL ACTIVITIES. 
(a) EXPANDED DEPLOYMENT OF NATIONAL GUARD; 
DURATION.— 
(1) DEPLOYMENT REQUIREMENT.—At the re-
quest 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 en-
actment of this Act. 
(2) NUMBER OF ADDITIONAL GUARDSMEN DE-
PLOYED.—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 num-
ber at the request of a Governor of a State that 
shares a portion of such border if, despite the de-
ployment of the additional 10,000 members of the 
National Guard, operational control of such border 
has not been achieved. 
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(3) DURATION.—The deployment of additional 
members of the National Guard under paragraph 
(1) in a State that shares a portion of the inter-
national border between the United States and Mex-
ico shall continue until the earlier of the following: 
(A) The date on which the Governor of the 
State revokes the request made under para-
graph (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 con-
trol 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 in-
cluded in the calculation to determine compliance 
with— 
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(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 CON-
TROL 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 De-
fense 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 author-
ized by State law, of personnel of the National 
Guard of that State used, while not in Federal serv-
ice, 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 ac-
tivities. 
‘‘(3) The procurement of services and equip-
ment, and the leasing of equipment, for the National 
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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 ad-
vance by the Secretary of Defense. 
‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME 
NATIONAL GUARD DUTY.— 
‘‘(1) IN
GENERAL.—Under regulations pre-
scribed 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 Na-
tional Guard duty under section 502(f) of this title 
for the purpose of carrying out border control activi-
ties. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) TRAINING.—A member of the Na-
tional 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 ad-
dition to the duty performed for the purpose 
authorized under that paragraph. The pay, al-
lowances, and other benefits of the member 
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while participating in the training shall be the 
same as those to which the member is entitled 
while performing duty for the purpose of car-
rying out border control activities. The member 
is not entitled to additional pay, allowances, or 
other benefits for participation in training re-
quired 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 de-
scribed in subparagraph (A). The appropriation 
shall be reimbursed in full, out of appropria-
tions available for paying those costs, for the 
amounts paid. Appropriations available for pay-
ing 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 per-
sonnel, the following requirements shall apply in 
determining the border control activities that 
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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 activi-
ties will not result in a significant increase 
in the cost of training. 
‘‘(iv) In the case of border control ac-
tivities 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; 
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‘‘(2) certify that those operations are to be con-
ducted 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 ad-
dition 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 des-
ignated by the Governor has determined that any ac-
tivities included in the plan that are carried out in 
conjunction with Federal law enforcement agencies 
serve a State law enforcement purpose. 
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‘‘(d) EXAMINATION OF PLAN.—Before funds are pro-
vided 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 consulta-
tion 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 equip-
ment of the National Guard of that State to assist United 
States Customs and Border Protection in the transpor-
tation of aliens who have violated a Federal immigration 
law. 
‘‘(e) END STRENGTH LIMITATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), at the end of a fiscal year there 
may not be more than 10,000 members of the Na-
tional 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 per-
form border control activities pursuant to an 
order to duty with State pay and allowances 
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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 in-
terests of the United States. 
‘‘(3) CERTAIN
EXCLUSION.—National Guard 
personnel deployed pursuant to paragraph (1) shall 
not be included in the calculation to determine com-
pliance 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 as-
sistance provided and activities carried out under this sec-
tion during the preceding fiscal year. The report shall in-
clude 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 activi-
ties conducted under State border control activities 
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plans referred to in subsection (c) with funds pro-
vided under this section. 
‘‘(3) An accounting of the amount of funds pro-
vided 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 Na-
tional Guard of a State, means the use of National 
Guard personnel in border control activities author-
ized 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 activi-
ties as follows: 
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‘‘(A) Armed vehicle and foot patrols along 
the international border between the United 
States and Mexico. 
‘‘(B) Interdiction of a vehicle, vessel, air-
craft or other similar activity. 
‘‘(C) Search, seizure, and detention of sus-
pects. 
‘‘(D) Construction of roads, fences, and ve-
hicle barriers. 
‘‘(E) Search and rescue operations. 
‘‘(F) Intelligence gathering, surveillance, 
and reconnaissance. 
‘‘(G) Aviation support. 
‘‘(2) GOVERNOR OF A STATE.—The term ‘Gov-
ernor of a State’ means, in the case of the District 
of Columbia, the Commanding General of the Na-
tional 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 pos-
session 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 fol-
lowing new item: 
‘‘112a. Border control activities’’. 
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SEC. 4. SMART BORDER TECHNOLOGY. 
If the Secretary of Homeland Security determines 
that there are areas along the international border be-
tween 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 tech-
nologies, 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 FED-
ERAL, STATE, AND LOCAL AGENCIES. 
(a) IN GENERAL.—Not later than one year after eli-
gible equipment returns to the United States, and in ac-
cordance 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 se-
curity along the international border between the 
United States and Mexico. 
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(2) 
TRANSFERS
GENERALLY.—Section 
2576a(d) of title 10, United States Code, is amend-
ed— 
(A) by striking ‘‘In considering’’ and in-
serting ‘‘(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 appli-
cations indicating that the transferred property will be 
used primarily for the purpose of strengthening border se-
curity 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 en-
forcement activities, including— 
‘‘(I) surveillance unmanned aerial vehicles, 
including the MQ–9 Reaper (also known as the 
‘Predator B’); 
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‘‘(II) night-vision goggles; and 
‘‘(III) high mobility multi-purpose wheel 
vehicles (commonly known as ‘humvees’).’’. 
(c) ELIGIBLE EQUIPMENT DEFINED.—In this sec-
tion, 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 vehi-
cles (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 
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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 re-
turning from overseas deployments. To the maximum ex-
tent practicable and subject to otherwise applicable provi-
sions 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 COM-
MUNICATIONS GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may make competitive grants for public-private part-
nerships that finance equipment and infrastructure to im-
prove 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 com-
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munications for such persons who do not currently have 
access to reliable mobile communications networks. 
(b) FOCUS AREAS.—In making grants under this sec-
tion, the Secretary of Homeland Security shall focus on 
projects that improve mobile communications in areas im-
pacted 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, munici-
palities, organizations representing agricultural producers 
and other rural Americans, and telecommunications pro-
viders. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—For 
grants under this section there is authorized to be appro-
priated 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 appro-
priated 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 Secu-
rity shall make grants to sheriffs’ departments along 
international border between the United States and Mex-
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ico 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 sub-
section (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 cal-
culation provided for in subsection (b), a grant made pur-
suant 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 sub-
section (a) are authorized to remain available until ex-
pended. 
(e) ELIGIBILITY AND FUNDING.—To be eligible to re-
ceive a grant under this section, a sheriff’s department 
shall submit to the Secretary of Homeland Security an ap-
plication 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 re-
ceive grants under this section: 
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(1) In Texas, the following counties: El Paso, 
Hudspeth, Culberson, Jeff Davis, Presidio, Brew-
ster, 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 Coun-
ties. 
(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 Oper-
ations’’. 
SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION REPORT-
ING ON BORDER APPREHENSIONS. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall ensure that an indi-
vidual who is apprehended unlawfully crossing or attempt-
ing to unlawfully cross the border into the United States 
is counted only once for purposes of counting border ap-
prehensions. 
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(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 Re-
form and Terrorism Prevention Act of 2004 (8 U.S.C. 
1365b). 
(b) REQUIREMENTS.—In addition to the features re-
quired by such section 7208, the Secretary shall ensure 
that the biometric entry and exit data system is estab-
lished 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 there is at least a 90-percent prob-
ability that all illegal border crossers are apprehended and 
narcotics and other contraband are seized. 
Æ 
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