Text: H.R.5124 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (01/23/2008)


110th CONGRESS
2d Session
H. R. 5124


To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide for two-layered, 14-foot reinforced fencing along the southwest border, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 23, 2008

Mr. Hunter (for himself, Mr. Dreier, Mr. Poe, Mr. Royce, Mr. Goode, and Mr. Rohrabacher) 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 provide for two-layered, 14-foot reinforced fencing along 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 “Reinstatement of the Secure Fence Act of 2008”.

SEC. 2. Two-layered reinforced fencing along the southwest 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), the Secretary of Homeland Security shall construct two layers of reinforced fencing along not less than 700 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) HEIGHT REQUIREMENT.—The two-layered reinforced fencing required under clause (i) shall be not less than 14 feet high.

“(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 six months after the date of the enactment of this subparagraph.

“(iv) PROHIBITION ON PREEXISTING FENCING TO SATISFY MILEAGE REQUIREMENT.—In carrying out clause (i), the Secretary may not consider fencing along the southwest border in existence on January 1, 2008, for purposes of satisfying the mileage requirement under such clause.”.

(b) Repeals.—

(1) CONSULTATION AND LIMITATION REQUIREMENT.—Subparagraphs (C) and (D) 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, are repealed.

(2) CONFORMING AMENDMENT.—Subsection (b) of section 564 of division E of the Consolidated Appropriations Act, 2008 is repealed.

(c) Conforming amendments.—Subsection (b)(1)(B) of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 564 of division E of the Consolidated Appropriations Act, 2008, is amended—

(1) in clause (i), by striking “fencing” and inserting “two layers of reinforced fencing (such fencing being not less than 14 feet high)”; and

(2) in clause (ii), by inserting “such” before “reinforced fencing”.

(d) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out the amendment made by subsection (a).