I 

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. 

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 ‘‘Reinstatement of the 

5 Secure Fence Act of 2008’’. 


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1 SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE 

2 SOUTHWEST BORDER. 

3 (a) IN GENERAL.—Section 102 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (Public Law 104–208; 8 U.S.C. 1103 note), as amended 

6 by section 564 of division E of the Consolidated Appro7 priations Act, 2008 (Public Law 110–161), is amended 

8 by amending subparagraph (A) of subsection (b)(1) to 

9 read as follows: 

10 ‘‘(A) TWO-LAYERED REINFORCED FENC11 ING.— 

12 ‘‘(i) IN GENERAL.—In carrying out 

13 subsection (a), the Secretary of Homeland 

14 Security shall construct two layers of rein15 forced fencing along not less than 700 

16 miles of the southwest border where such 

17 fencing would be most practical and effec18 tive and provide for the installation of ad19 ditional physical barriers, roads, lighting, 

20 cameras, and sensors to gain operational 

21 control of the southwest border. 

22 ‘‘(ii) HEIGHT REQUIREMENT.—The 

23 two-layered reinforced fencing required 

24 under clause (i) shall be not less than 14 

25 feet high. 


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1 ‘‘(iii) CONSTRUCTION DEADLINE.— 

2 The Secretary shall ensure the completion 

3 of the construction of such two-layered re4 inforced fencing and the installation of 

5 such additional physical barriers, roads, 

6 lighting, cameras, and sensors by not later 

7 than the date that is six months after the 

8 date of the enactment of this subpara9 graph. 

10 ‘‘(iv) PROHIBITION ON PREEXISTING

11 FENCING TO SATISFY MILEAGE REQUIRE12 MENT.—In carrying out clause (i), the Sec13 retary may not consider fencing along the 

14 southwest border in existence on January 

15 1, 2008, for purposes of satisfying the 

16 mileage requirement under such clause.’’. 

17 (b) REPEALS.— 

18 (1) CONSULTATION AND LIMITATION REQUIRE19 MENT.—Subparagraphs (C) and (D) of section 

20 102(b)(1) of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996, as added by 

22 section 564 of division E of the Consolidated Appro23 priations Act, 2008, are repealed. 


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1 (2) CONFORMING AMENDMENT.—Subsection (b) 

2 of section 564 of division E of the Consolidated Ap3 propriations Act, 2008 is repealed. 

4 (c) CONFORMING AMENDMENTS.—Subsection 

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

6 and Immigrant Responsibility Act of 1996, as amended 

7 by section 564 of division E of the Consolidated Appro8 priations Act, 2008, is amended— 

9 (1) in clause (i), by striking ‘‘fencing’’ and in10 serting ‘‘two layers of reinforced fencing (such fenc11 ing being not less than 14 feet high)’’; and 

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

13 ‘‘reinforced fencing’’. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out the amendment made by subsection 

17 (a). 

Æ 


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