H.R. 5124 – Reinstatement of the Secure Fence Act of 2008

110th CONGRESS

2d Session

H. R. 5124

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.

Short title

This Act may be cited as the Reinstatement of the Secure Fence Act of 2008.

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Responsibility Act of 1996, as added by section 564 of division E of the Consolidated Appropriations Act, 2008, are repealed.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).

Reinstatement of the Secure Fence Act of 2008

Legislative Activity

Bill Text