I 
115TH CONGRESS 
1ST SESSION 
H. R. 22 
To provide for operational control of the international border of the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. POE of Texas (for himself, Mr. SMITH of Texas, and Mrs. BLACK) intro-
duced the following bill; which was referred to the Committee on Home-
land Security, and in addition to the Committees on Armed Services, 
Rules, Energy and Commerce, and Agriculture, for a period to be subse-
quently 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. 
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 2017’’ 
or the ‘‘SMART Border Act of 2017’’. 
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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 personnel 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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