I 111th CONGRESS 1st Session H. R. 3289 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.

1.

Short title

This Act may be cited as the Unlawful Border Entry Prevention Act of 2009.

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).

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.