[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5124 Introduced in House (IH)]







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).
                                 <all>