Remote Areas Border Security Enhancements Act

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 Demonstra- tion 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 Secu- rity 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Remote Areas Border 4 Security Enhancements Act’’. 5 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404 kjohnson on DSK79L0C42 with BILLS 2 •S 404 IS SEC. 2. DEFINED TERM. 1 In this Act, the term ‘‘rural or remote area’’ means 2 an area within the United States along the international 3 border between the United States and Mexico that is not 4 within an area defined and designated by the Bureau of 5 the Census as an urbanized area. 6 SEC. 3. BORDER SECURITY ENHANCEMENTS IN MOUN- 7 TAINOUS, HIGH DESERT, AND BACKCOUNTRY 8 TERRAIN. 9 (a) IN GENERAL.—Notwithstanding section 102 of 10 the Illegal Immigration Reform and Immigrant Responsi- 11 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 12 208), the Secretary of Homeland Security may not begin 13 the construction of any infrastructure project (including 14 a pedestrian fence, vehicle barrier, levee, gate, wall, fence, 15 road, or port of entry) along the international border be- 16 tween the United States and Mexico until— 17 (1) the Comptroller General of the United 18 States conducts a study that evaluates the need for 19 enhanced technology and maintenance on existing 20 equipment and other resources in rural or remote 21 areas, prioritizing mountainous, high desert, and 22 backcountry areas, including the estimated costs for 23 carrying out the activities described in paragraph 24 (2); and 25 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404 kjohnson on DSK79L0C42 with BILLS 3 •S 404 IS (2) the Commissioner of U.S. Customs and 1 Border Protection— 2 (A) increases the use of advanced detection 3 and surveillance technology; 4 (B) acquires fixed and mobile technology 5 assets, including night vision technology; 6 (C) increases and improves interoperable 7 communications; 8 (D) acquires and deploys such additional 9 horses and off-road vehicles, including all-ter- 10 rain vehicles, as may be necessary to provide 11 for enhanced security in rural or remote areas 12 near the international border between the 13 United States and Mexico; 14 (E) increases and upgrades facilities to the 15 extent necessary to accommodate personnel and 16 asset needs, including horse patrol facilities; 17 and 18 (F) performs any maintenance and care 19 that may be necessary to preserve the oper- 20 ational capability of all mountainous, high 21 desert, and backcountry assets, including tech- 22 nology assets, vehicles, forward operating bases, 23 and horse patrol facilities. 24 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404 kjohnson on DSK79L0C42 with BILLS 4 •S 404 IS (b) REQUIREMENTS.—In carrying out subsection (a), 1 the Commissioner shall— 2 (1) consult with agents in the field; and 3 (2) prioritize the deployment of such technology 4 based on the needs of remote stations and forward 5 operating bases in rural or remote areas near the 6 international border between the United States and 7 Mexico. 8 SEC. 4. REPORT. 9 Not later than 1 year after the date of the enactment 10 of this Act, the Commissioner shall submit a report to the 11 appropriate congressional committees that describes the 12 implementation of section 3, including— 13 (1) the assets deployed in rural or remote areas 14 near the international border between the United 15 States and Mexico; and 16 (2) the expenditures incurred to acquire and de- 17 ploy such assets. 18 SEC. 5. AGENT MOBILITY DEMONSTRATION PROGRAM. 19 (a) IN GENERAL.—The Secretary of Homeland Secu- 20 rity shall establish a 5-year pilot program in the El Paso 21 Sector, to be known as the ‘‘Agent Mobility Program’’, 22 under which agents assigned within the El Paso Sector 23 may laterally transfer to a designated, hard-to-fill station 24 within the El Paso Sector for a period of at least 3 years. 25 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404 kjohnson on DSK79L0C42 with BILLS 5 •S 404 IS (b) COMPLETION OF SERVICE.—Any agent who com- 1 pletes 3 years of service at a hard-to-fill station to which 2 he or she transferred under the program established under 3 paragraph (1)— 4 (1) shall be presented to the selecting officer as 5 a preferred agent; and 6 (2) shall be eligible to transfer to 1 of 3 border 7 patrol stations in the El Paso Sector of his or her 8 choice that has an opening at the time of such 9 transfer. 10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 11 In addition to amounts otherwise authorized to be ap- 12 propriated, there is authorized to be appropriated, to U.S. 13 Customs and Border Protection, the amount determined 14 to be necessary under the study required under section 15 3(a)(1) to carry out the activities described in section 16 3(a)(2). 17 Æ VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S404.IS S404 kjohnson on DSK79L0C42 with BILLS