I 111th CONGRESS 2d Session H. R. 5173 IN THE HOUSE OF REPRESENTATIVES April 28, 2010 Mr. Tiahrt (for himself, Mr. Bilbray, Mr. Rohrabacher, Mr. Akin, and Mr. Calvert) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To provide for certain enhanced border security measures, and for other purposes.

1.

Short title

This Act may be cited as the Secure the Border Act of 2010.

2.

Two-layered reinforced fencing along the entire United States-Mexico border

(a)

In general

Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note), as amended by section 564 of division E of the Consolidated Appropriations Act, 2008 (Public Law 110–161), is amended by amending subparagraph (A) of subsection (b)(1) to read as follows: (A)

Two-layered reinforced fencing

(i)

In general

In carrying out subsection (a) and in accordance with clause (ii) of this subparagraph, the Secretary of Homeland Security shall— (I)construct two layers of reinforced fencing along the entire international land border between the United States and Mexico; and (II)provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors along the entire length of the international border between the United States and Mexico and the United States and Canada to gain operational control of such border. (ii)

Clarification

In carrying out subsection (a), the Secretary of Homeland Security shall construct a second layer of reinforced fencing in any area along the international land border between the United States and Mexico that, as of the date of the enactment of this subparagraph, has only one layer of fencing. (iii)

Construction deadline

The Secretary shall ensure the completion of the construction of such two-layered reinforced fencing and the installation of such additional physical barriers, roads, lighting, cameras, and sensors by not later than the date that is two years after the date of the enactment of this subparagraph. . (b)

Repeal of consultation requirement

Subparagraph (C) of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 564 of division E of the Consolidated Appropriations Act, 2008, is repealed. (c)

Limitation on requirements

Subparagraph (D) of section of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 564 of division E of the Consolidated Appropriations Act, 2008, is amended to read as follows: (C)

Limitation on requirements

(i)

Determination and report

If the Secretary of Homeland Security determines that the installation of the two-layered reinforced fencing required under subparagraph (A)(i)(I) in a particular location along the international border of the United States and Mexico is topographically impractical, the Secretary shall submit to Congress a report on the specific alternative measures the Secretary determines necessary to achieve and maintain operational control over the international border at such location. (ii)

Follow-up action

The installation of the two-layered reinforced fencing required under subparagraph (A)(i)(I) shall not apply with respect to any location specified in the report required under clause (i) of this subparagraph if a subsequent Act of Congress exempts any such location from such fencing requirement and authorizes the specific alternative measures referred to in such report. . (d)

Clerical amendment

Section 102(b)(1) of the Illegal Immigration and Immigrant Responsibility Act of 1996 is amended, in the paragraph heading, by striking along southwest border. (e)

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.

Tunnel task force

Subject to the availability of appropriations for such purpose, the fiscal year 2011 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and coyotes to smuggle narcotics, illegal aliens, and weapons, shall be increased by 100 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States.

4.

Aerial vehicles and surveillance systems

(a)

Authorization

The Secretary of Homeland Security shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles and related equipment, to enhance the security of the international borders between the United States and Mexico and the United States and Canada by conducting continuous monitoring and border surveillance of the entirety of such borders, including equipment such as— (1)additional sensors; (2)satellite command and control; and (3)other necessary equipment for operational support. (b)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).