HR 1091
112th CONGRESS
1st Session
H. R. 1091
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to authorize the Secretary of Homeland Security to construct not
less than 350 miles of reinforced fencing along the United States-Mexico border
and to gain operational control over such border.
IN THE HOUSE OF REPRESENTATIVES
March 15, 2011
Mr. HUNTER (for himself, Mr. BILBRAY, Mr. POE of Texas, Mr. ROYCE, Mr. SHULER,
Mr. MCINTYRE, and Mr. RYAN of Ohio) introduced the following bill; which was
referred to the Committee on Homeland Security
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to authorize the Secretary of Homeland Security to construct not
less than 350 miles of reinforced fencing along the United States-Mexico border
and to gain operational control over such border.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Unlawful Border Entry Prevention Act of 2011'.
SEC. 2. REINFORCED FENCING ALONG THE SOUTHWEST BORDER.
(a) In General- Section 102(A)(b)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note)
is amended by adding at the end the following new subparagraph:
`(i) IN GENERAL- In carrying out subsection (a), and in addition to
subparagraph (A) of this paragraph, the Secretary of Homeland Security
may construct reinforced fencing along not less than 350 miles of the
southwest border where such fencing would be most practical and effective
and provide for the installation of additional physical barriers, roads,
lighting, cameras, and sensors to gain operational control of the southwest
border.
`(ii) PROHIBITION ON PREEXISTING FENCING TO SATISFY MILEAGE REQUIREMENT-
In carrying out clause (i), the Secretary may not consider fencing or
any other similar physical infrastructure along the southwest border
in existence on December 31, 2010, for purposes of satisfying the mileage
requirement under such clause.'.
(b) Conforming Amendments- Subsection (b)(1)(B) of section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 is amended--
(1) in clause (i), by striking `fencing' and inserting `reinforced fencing';
and
(2) in clause (ii), by inserting `such' before `reinforced fencing'.
(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out the amendment made by subsection
(a).
SEC. 3. PLAN FOR OPERATIONAL CONTROL OF SOUTHWEST BORDER.
(a) In General- If the Secretary of Homeland Security determines that, with
respect to any fiscal year, there has been a 40-percent increase over the
immediately preceding fiscal year in any sector of the southwest border of
apprehensions by the Department of Homeland Security of individuals unlawfully
entering the United States, the Secretary shall, not later than 30 days after
the date of such determination, submit to Congress a plan to gain operational
control of such sector.
(b) Operational Control Defined- In this section, the term `operational control'
means the prevention of all unlawful entries into the United States, including
entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics,
and other contraband.
END
