I 

117TH CONGRESS 

1ST SESSION H. R. 1707 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2021 

Mr. ROY (for himself, Mr. CUELLAR, Mr. MCCLINTOCK, Mr. STEUBE, Mr. 

CLOUD, Mr. BABIN, Mr. GOODEN of Texas, Mr. GREEN of Tennessee, 

Mr. SCHWEIKERT, Mr. CRENSHAW, Ms. VAN DUYNE, Mr. SESSIONS, Mr. 

HICE of Georgia, Mr. CAWTHORN, Mr. TAYLOR, Mr. BURGESS, Mr. 

WEBER of Texas, and Mr. GOHMERT) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Visibility and 

5 Security Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of U.S. Customs 

3 and Border Protection. 

4 (2) OPERATIONAL CONTROL.—The term ‘‘oper5 ational control’’ has the meaning given such term in 

6 section 2(b) of the Secure Fence Act of 2006 (8 

7 U.S.C. 1701 note; Public Law 109–367). 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 (4) SITUATIONAL AWARENESS.—The term ‘‘sit11 uational awareness’’ has the meaning given such 

12 term in section 1092(a)(7) of the National Defense 

13 Authorization Act for Fiscal Year 2017 (Public Law 

14 114–328). 

15 SEC. 3. STRENGTHENING THE REQUIREMENTS FOR BOR16 DER SECURITY TECHNOLOGY ALONG THE 

17 SOUTHERN BORDER. 

18 Section 102 of the Illegal Immigration Reform and 

19 Immigrant Responsibility Act of 1996 (division C of Pub20 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

21 (1) in subsection (a)— 

22 (A) by inserting ‘‘and border technology’’ 

23 before ‘‘in the vicinity of’’; and 

24 (B) by striking ‘‘illegal crossings in areas 

25 of high illegal entry into the United Sates’’ and 


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1 inserting ‘‘, impede, and detect illegal activity 

2 and entry into the United States’’; 

3 (2) in subsection (b)— 

4 (A) in the heading by striking ‘‘ROAD IM5 PROVEMENTS’’ and inserting ‘‘NAVIGABLE

6 ROADS’’; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) ADDITIONAL NAVIGABLE ROADS ALONG

10 THE SOUTHWEST BORDER.— 

11 ‘‘(A) NAVIGABLE ROAD DEFINED.—In this 

12 subsection, the term ‘navigable road’ means a 

13 contiguous, navigable road. 

14 ‘‘(B) NAVIGABLE ROADS.—In carrying out 

15 subsection (a), the Secretary of Homeland Se16 curity shall construct a navigable road along 

17 not less than 700 miles of the southwest border 

18 where most practical and effective to gain oper19 ational control of the southwest border. 

20 ‘‘(C) PRIORITY AREAS.—In carrying out 

21 this paragraph, the Secretary of Homeland Se22 curity shall— 

23 ‘‘(i) identify the 700 miles, or other 

24 mileage determined by the Secretary, along 

25 the southwest border where a navigable 


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1 road would be most practical and effective 

2 in deterring smugglers and aliens attempt3 ing to gain illegal entry into the United 

4 States; and 

5 ‘‘(ii) not later than December 31, 

6 2021, complete construction of a navigable 

7 road along the miles identified under 

8 clause (i). 

9 ‘‘(D) CONSULTATION.— 

10 ‘‘(i) IN GENERAL.—In carrying out 

11 this paragraph, the Secretary of Homeland 

12 Security shall consult with the Secretary of 

13 the Interior, the Secretary of Agriculture, 

14 States, local governments, Indian Tribes, 

15 and property owners in the United States 

16 to minimize the impact on the environ17 ment, culture, commerce, and quality of 

18 life for the communities and residents lo19 cated near the sites at which navigable 

20 roads are to be constructed. 

21 ‘‘(ii) SAVINGS PROVISION.—Nothing 

22 in this subparagraph may be construed 

23 to— 

24 ‘‘(I) create or negate any right of 

25 action for a State, local government, 


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1 Indian Tribe, or other person or enti2 ty affected by this subsection; or 

3 ‘‘(II) affect the eminent domain 

4 laws of the United States or of any 

5 State.’’; 

6 (3) in subsection (c)(1), by inserting ‘‘and, pur7 suant to subsection (d), the installation, operation, 

8 and maintenance of technology,’’ after ‘‘barriers and 

9 roads’’; and 

10 (4) by adding at the end the following new sub11 sections: 

12 ‘‘(e) INSTALLATION, OPERATION, AND MAINTE13 NANCE OF TECHNOLOGY.— 

14 ‘‘(1) IN GENERAL.—Not later than January 20, 

15 2022, the Secretary of Homeland Security, in car16 rying out subsection (a), shall deploy the most prac17 tical and effective technology available along the 

18 United States border for achieving situational 

19 awareness and operational control of the border. 

20 ‘‘(2) TECHNOLOGY DEFINED.—In this subpara21 graph, the term ‘technology’ includes border surveil22 lance and detection technology, including— 

23 ‘‘(A) radar surveillance systems; 

24 ‘‘(B) Vehicle and Dismount Exploitation 

25 Radars (VADER); 


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1 ‘‘(C) 3-dimensional, seismic acoustic detec2 tion and ranging border tunneling detection 

3 technology; 

4 ‘‘(D) sensors; 

5 ‘‘(E) unmanned cameras; 

6 ‘‘(F) man-portable and mobile vehicle7 mounted unmanned aerial vehicles; and 

8 ‘‘(G) any other devices, tools, or systems 

9 found to be more effective or advanced than 

10 those specified in subparagraphs (A) through 

11 (F). 

12 ‘‘(f) DEFINITIONS.—In this section, the term ‘situa13 tional awareness’ has the meaning given the term in sec14 tion 1092(a)(7) of the National Defense Authorization Act 

15 for Fiscal Year 2017 (Public Law 114–328).’’. 

16 SEC. 4. COMPREHENSIVE SOUTHERN BORDER STRATEGY. 

17 (a) IN GENERAL.—Not later than 12 months after 

18 the date of the enactment of this section, the Secretary 

19 shall submit to the Committee on Homeland Security of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate a comprehensive Southern border strategy. 

23 (b) CONTENTS.—The strategy submitted under sub24 section (a) shall include— 


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1 (1) a list of known physical barriers, tech2 nologies, tools, and other devices that can be used to 

3 achieve and maintain situational awareness and 

4 operational control along the southern border; 

5 (2) a projected per mile cost estimate for each 

6 physical barrier, technology, tool, and other device 

7 included on the list required under paragraph (1); 

8 (3) a detailed account of which type of physical 

9 barrier, technology, tool, or other device the Depart10 ment believes is necessary to achieve and maintain 

11 situational awareness and operational control for 

12 each linear mile of the southern border; 

13 (4) an explanation for why such physical bar14 rier, technology, tool, or other device was chosen to 

15 achieve and maintain situational awareness and 

16 operational control for each linear mile of the south17 ern border, including— 

18 (A) the methodology used to determine 

19 which type of physical barrier, technology, tool, 

20 or other device was chosen for such linear mile; 

21 (B) an examination of existing manmade 

22 and natural barriers for each linear mile of the 

23 southern border; and 

24 (C) the information collected and evaluated 

25 from— 


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1 (i) the appropriate U.S. Customs and 

2 Border Protection Sector Chief; 

3 (ii) the Joint Task Force Commander; 

4 (iii) the appropriate State Governor; 

5 (iv) local law enforcement officials; 

6 (v) private property owners; and 

7 (vi) other affected stakeholders; 

8 (5) a per mile cost calculation for each linear 

9 mile of the southern border given the type of phys10 ical barrier, technology, tool, or other device chosen 

11 to achieve and maintain operational control for each 

12 linear mile; and 

13 (6) a cost justification for each time a more ex14 pensive physical barrier, technology, tool, or other 

15 device is chosen over a less expensive option, as es16 tablished by the per mile cost estimates required in 

17 paragraph (2). 

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

19 RIVER. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity shall take such actions as may be necessary, including 

22 through cooperation with appropriate Federal and State 

23 agencies, to permanently eradicate the cane, or Arundo 

24 donax, that grows along the Rio Grande river. 


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1 (b) PROHIBITION ON ADDITIONAL FUNDING.—No 

2 additional funds are authorized to be appropriated to 

3 carry out this section. This section shall be carried out 

4 using amounts otherwise authorized. 

5 SEC. 6. FUNDING. 

6 (a) USE OF CERTAIN FORFEITED CRIMINAL PRO7 CEEDS FOR BORDER SECURITY MEASURES.—Notwith8 standing any other provision of law, any illegally obtained 

9 profits resulting from any criminal drug trafficking enter10 prise led by Joaquin Archivaldo Guzman Loera (commonly 

11 known as ‘‘El Chapo’’), which are criminally forfeited to 

12 the United States Government as a result of the conviction 

13 of Mr. Guzman Loera in Federal district court, shall be 

14 reserved for security measures along the border between 

15 the United States and Mexico, including to carry out this 

16 Act and the amendments made by this Act, for the pur17 pose of furthering the Nation’s security. 

18 (b) USE OF FORFEITED CRIMINAL PROCEEDS OF

19 OTHER CONVICTED CARTEL MEMBERS.—Notwith20 standing any other provision of law, any funds that are 

21 criminally forfeited to the United States Government as 

22 the result of a felony conviction in a Federal district court 

23 of a member of a drug cartel—an individual engaging in 

24 a continuing criminal enterprise involving knowingly and 

25 intentionally distributing a controlled substance, intending 


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1 and knowing that such substance would be unlawfully im2 ported into the United States from a place outside of the 

3 United States—shall be reserved for security measures 

4 along the border between the United States and Mexico, 

5 including to carry out this Act and the amendments made 

6 by this Act, for the purpose of furthering the Nation’s se7 curity. 

Æ 


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