[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3289

 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

                             July 22, 2009

 Mr. Hunter (for himself, Mr. Royce, Mr. Ryan of Ohio, Mr. Stupak, Mr. 
  McIntyre, Mr. Bilbray, Mr. Rohrabacher, Mr. Shuler, and Mr. Gary G. 
Miller of California) 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 2009''.

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:
                    ``(E) Reinforced fencing.--
                            ``(i) In general.--In carrying out 
                        subsection (a), and in addition to subparagraph 
                        (A), 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, 2009, 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.
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