‘‘(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 all illegal border crossers are appre-
hended and narcotics and other contraband are seized. 
Æ 
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