I 

112TH CONGRESS 

1ST SESSION H. R. 1091 

To amend the Illegal Immigration Reform and Immigrant Responsibility 

Act of 1996 to authorize the Secretary of Homeland Security to construct 

not less than 350 miles of reinforced fencing along the United StatesMexico border and to gain operational control over such border. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2011 

Mr. HUNTER (for himself, Mr. BILBRAY, Mr. POE of Texas, Mr. ROYCE, Mr. 

SHULER, Mr. MCINTYRE, and Mr. RYAN of Ohio) 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 authorize the Secretary 

of Homeland Security to construct not less than 350 

miles of reinforced fencing along the United States-Mexico border and to gain operational control over such 

border. 

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 ‘‘Unlawful Border Entry 

5 Prevention Act of 2011’’. 


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1 SEC. 2. REINFORCED FENCING ALONG THE SOUTHWEST 

2 BORDER. 

3 (a) IN GENERAL.—Section 102(A)(b)(1) of the Ille4 gal Immigration Reform and Immigrant Responsibility 

5 Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note) 

6 is amended by adding at the end the following new sub7 paragraph: 

8 ‘‘(E) REINFORCED FENCING.— 

9 ‘‘(i) IN GENERAL.—In carrying out 

10 subsection (a), and in addition to subpara11 graph (A) of this paragraph, the Secretary 

12 of Homeland Security may construct rein13 forced fencing along not less than 350 

14 miles of the southwest border where such 

15 fencing would be most practical and effec16 tive and provide for the installation of ad17 ditional physical barriers, roads, lighting, 

18 cameras, and sensors to gain operational 

19 control of the southwest border. 

20 ‘‘(ii) PROHIBITION ON PREEXISTING

21 FENCING TO SATISFY MILEAGE REQUIRE22 MENT.—In carrying out clause (i), the Sec23 retary may not consider fencing or any 

24 other similar physical infrastructure along 

25 the southwest border in existence on De26 cember 31, 2010, for purposes of satisVerDate Mar 15 2010 05:41 Mar 16, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1091.IH H1091

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1 fying the mileage requirement under such 

2 clause.’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection 

4 (b)(1)(B) of section 102 of the Illegal Immigration Reform 

5 and Immigrant Responsibility Act of 1996 is amended— 

6 (1) in clause (i), by striking ‘‘fencing’’ and in7 serting ‘‘reinforced fencing’’; and 

8 (2) in clause (ii), by inserting ‘‘such’’ before 

9 ‘‘reinforced fencing’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out the amendment made by subsection 

13 (a). 

14 SEC. 3. PLAN FOR OPERATIONAL CONTROL OF SOUTHWEST 

15 BORDER. 

16 (a) IN GENERAL.—If the Secretary of Homeland Se17 curity determines that, with respect to any fiscal year, 

18 there has been a 40-percent increase over the immediately 

19 preceding fiscal year in any sector of the southwest border 

20 of apprehensions by the Department of Homeland Secu21 rity of individuals unlawfully entering the United States, 

22 the Secretary shall, not later than 30 days after the date 

23 of such determination, submit to Congress a plan to gain 

24 operational control of such sector. 


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1 (b) OPERATIONAL CONTROL DEFINED.—In this sec2 tion, the term ‘‘operational control’’ means the prevention 

3 of all unlawful entries into the United States, including 

4 entries by terrorists, other unlawful aliens, instruments of 

5 terrorism, narcotics, and other contraband. 

Æ 


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