[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5793 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5793

 To ensure operational control of the southwest border, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2020

Mr. Roy (for himself and Mr. McClintock) introduced the following bill; 
   which was referred to the Committee on Homeland Security, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To ensure operational control of the southwest border, and for other 
                               purposes.

    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 ``Border Visibility and Security 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (2) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) Situational awareness.--The term ``situational 
        awareness'' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328).

SEC. 3. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY 
              ALONG THE SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and border technology'' before 
                ``in the vicinity of''; and
                    (B) by striking ``illegal crossings in areas of 
                high illegal entry into the United Sates'' and 
                inserting ``, impede, and detect illegal activity and 
                entry into the United States'';
            (2) in subsection (b)--
                    (A) in the heading by striking ``Road 
                Improvements'' and inserting ``Navigable Roads''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Additional navigable roads along the southwest 
        border.--
                    ``(A) Navigable road defined.--In this subsection, 
                the term `navigable road' means a contiguous, navigable 
                road.
                    ``(B) Navigable roads.--In carrying out subsection 
                (a), the Secretary of Homeland Security shall construct 
                a navigable road along not less than 700 miles of the 
                southwest border where most practical and effective to 
                gain operational control of the southwest border.
                    ``(C) Priority areas.--In carrying out this 
                paragraph, the Secretary of Homeland Security shall--
                            ``(i) identify the 700 miles, or other 
                        mileage determined by the Secretary, along the 
                        southwest border where a navigable road would 
                        be most practical and effective in deterring 
                        smugglers and aliens attempting to gain illegal 
                        entry into the United States; and
                            ``(ii) not later than December 31, 2020, 
                        complete construction of a navigable road along 
                        the miles identified under clause (i).
                    ``(D) Consultation.--
                            ``(i) In general.--In carrying out this 
                        paragraph, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, States, 
                        local governments, Indian Tribes, and property 
                        owners in the United States to minimize the 
                        impact on the environment, culture, commerce, 
                        and quality of life for the communities and 
                        residents located near the sites at which 
                        navigable roads are to be constructed.
                            ``(ii) Savings provision.--Nothing in this 
                        subparagraph may be construed to--
                                    ``(I) create or negate any right of 
                                action for a State, local government, 
                                Indian Tribe, or other person or entity 
                                affected by this subsection; or
                                    ``(II) affect the eminent domain 
                                laws of the United States or of any 
                                State.'';
            (3) in subsection (c)(1), by inserting ``and, pursuant to 
        subsection (d), the installation, operation, and maintenance of 
        technology,'' after ``barriers and roads''; and
            (4) by adding at the end the following new subsections:
    ``(e) Installation, Operation, and Maintenance of Technology.--
            ``(1) In general.--Not later than January 20, 2021, the 
        Secretary of Homeland Security, in carrying out subsection (a), 
        shall deploy the most practical and effective technology 
        available along the United States border for achieving 
        situational awareness and operational control of the border.
            ``(2) Technology defined.--In this subparagraph, the term 
        `technology' includes border surveillance and detection 
        technology, including--
                    ``(A) radar surveillance systems;
                    ``(B) Vehicle and Dismount Exploitation Radars 
                (VADER);
                    ``(C) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology;
                    ``(D) sensors;
                    ``(E) unmanned cameras;
                    ``(F) man-portable and mobile vehicle-mounted 
                unmanned aerial vehicles; and
                    ``(G) any other devices, tools, or systems found to 
                be more effective or advanced than those specified in 
                subparagraphs (A) through (F).
    ``(f) Definitions.--In this section, the term `situational 
awareness' has the meaning given the term in section 1092(a)(7) of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328).''.

SEC. 4. COMPREHENSIVE SOUTHERN BORDER STRATEGY.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this section, the Secretary shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate a 
comprehensive Southern border strategy.
    (b) Contents.--The strategy submitted under subsection (a) shall 
include--
            (1) a list of known physical barriers, technologies, tools, 
        and other devices that can be used to achieve and maintain 
        situational awareness and operational control along the 
        southern border;
            (2) a projected per mile cost estimate for each physical 
        barrier, technology, tool, and other device included on the 
        list required under paragraph (1);
            (3) a detailed account of which type of physical barrier, 
        technology, tool, or other device the Department believes is 
        necessary to achieve and maintain situational awareness and 
        operational control for each liner mile of the southern border;
            (4) an explanation for why such physical barrier, 
        technology, tool, or other device was chosen to achieve and 
        maintain situational awareness and operational control for each 
        linear mile of the southern border, including--
                    (A) the methodology used to determine which type of 
                physical barrier, technology, tool, or other device was 
                chosen for such linear mile;
                    (B) an examination of existing manmade and natural 
                barriers for each linear mile of the southern border; 
                and
                    (C) the information collected and evaluated from--
                            (i) the appropriate U.S. Customs and Border 
                        Protection Sector Chief;
                            (ii) the Joint Task Force Commander;
                            (iii) the appropriate State Governor;
                            (iv) local law enforcement officials;
                            (v) private property owners; and
                            (vi) other affected stakeholders;
            (5) a per mile cost calculation for each linear mile of the 
        southern border given the type of physical barrier, technology, 
        tool, or other device chosen to achieve and maintain 
        operational control for each linear mile; and
            (6) a cost justification for each time a more expensive 
        physical barrier, technology, tool, or other device is chosen 
        over a less expensive option, as established by the per mile 
        cost estimates required in paragraph (2).

SEC. 5. ERADICATION OF CANE ALONG THE RIO GRANDE RIVER.

    (a) In General.--The Secretary of Homeland Security shall take such 
actions as may be necessary, including through cooperation with 
appropriate Federal and State agencies, to permanently eradicate the 
cane, or Arundo donax, that grows along the Rio Grande river.
    (b) Prohibition on Additional Funding.--No additional funds are 
authorized to be appropriated to carry out this section. This section 
shall be carried out using amounts otherwise authorized.

SEC. 6. FUNDING.

    (a) Use of Certain Forfeited Criminal Proceeds for Border Security 
Measures.--Notwithstanding any other provision of law, any illegally 
obtained profits resulting from any criminal drug trafficking 
enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as 
``El Chapo''), which are criminally forfeited to the United States 
Government as a result of the conviction of Mr. Guzman Loera in Federal 
district court, shall be reserved for security measures along the 
border between the United States and Mexico, including to carry out 
this Act and the amendments made by this Act, for the purpose of 
furthering the Nation's security.
    (b) Use of Forfeited Criminal Proceeds of Other Convicted Cartel 
Members.--Notwithstanding any other provision of law, any funds that 
are criminally forfeited to the United States Government as the result 
of a felony conviction in a Federal district court of a member of a 
drug cartel--an individual engaging in a continuing criminal enterprise 
involving knowingly and intentionally distributing a controlled 
substance, intending and knowing that such substance would be 
unlawfully imported into the United States from a place outside of the 
United States--shall be reserved for security measures along the border 
between the United States and Mexico, including to carry out this Act 
and the amendments made by this Act, for the purpose of furthering the 
Nation's security.
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