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