I 

111TH CONGRESS 

2D SESSION H. R. 5173 

To provide for certain enhanced border security measures, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2010 

Mr. TIAHRT (for himself, Mr. BILBRAY, Mr. ROHRABACHER, Mr. AKIN, and 

Mr. CALVERT) introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To provide for certain enhanced border security measures, 

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 ‘‘Secure the Border Act 

5 of 2010’’. 

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

7 ENTIRE UNITED STATES-MEXICO BORDER. 

8 (a) IN GENERAL.—Section 102 of the Illegal Immi9 gration Reform and Immigrant Responsibility Act of 1996 

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


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1 by section 564 of division E of the Consolidated Appro2 priations Act, 2008 (Public Law 110–161), is amended 

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

4 read as follows: 

5 ‘‘(A) TWO-LAYERED REINFORCED FENC6 ING.— 

7 ‘‘(i) IN GENERAL.—In carrying out 

8 subsection (a) and in accordance with 

9 clause (ii) of this subparagraph, the Sec10 retary of Homeland Security shall— 

11 ‘‘(I) construct two layers of rein12 forced fencing along the entire inter13 national land border between the 

14 United States and Mexico; and 

15 ‘‘(II) provide for the installation 

16 of additional physical barriers, roads, 

17 lighting, cameras, and sensors along 

18 the entire length of the international 

19 border between the United States and 

20 Mexico and the United States and 

21 Canada to gain operational control of 

22 such border. 

23 ‘‘(ii) CLARIFICATION.—In carrying 

24 out subsection (a), the Secretary of Home25 land Security shall construct a second 


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1 layer of reinforced fencing in any area 

2 along the international land border be3 tween the United States and Mexico that, 

4 as of the date of the enactment of this sub5 paragraph, has only one layer of fencing. 

6 ‘‘(iii) CONSTRUCTION DEADLINE.— 

7 The Secretary shall ensure the completion 

8 of the construction of such two-layered re9 inforced fencing and the installation of 

10 such additional physical barriers, roads, 

11 lighting, cameras, and sensors by not later 

12 than the date that is two years after the 

13 date of the enactment of this subpara14 graph.’’. 

15 (b) REPEAL OF CONSULTATION REQUIREMENT.— 

16 Subparagraph (C) of section 102(b)(1) of the Illegal Im17 migration Reform and Immigrant Responsibility Act of 

18 1996, as added by section 564 of division E of the Consoli19 dated Appropriations Act, 2008, is repealed. 

20 (c) LIMITATION ON REQUIREMENTS.—Subparagraph 

21 (D) of section of section 102(b)(1) of the Illegal Immigra22 tion Reform and Immigrant Responsibility Act of 1996, 

23 as added by section 564 of division E of the Consolidated 

24 Appropriations Act, 2008, is amended to read as follows: 

25 ‘‘(C) LIMITATION ON REQUIREMENTS.— 


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1 ‘‘(i) DETERMINATION AND REPORT.— 

2 If the Secretary of Homeland Security de3 termines that the installation of the two4 layered reinforced fencing required under 

5 subparagraph (A)(i)(I) in a particular loca6 tion along the international border of the 

7 United States and Mexico is topo8 graphically impractical, the Secretary shall 

9 submit to Congress a report on the specific 

10 alternative measures the Secretary deter11 mines necessary to achieve and maintain 

12 operational control over the international 

13 border at such location. 

14 ‘‘(ii) FOLLOW-UP ACTION.—The in15 stallation of the two-layered reinforced 

16 fencing required under subparagraph 

17 (A)(i)(I) shall not apply with respect to 

18 any location specified in the report re19 quired under clause (i) of this subpara20 graph if a subsequent Act of Congress ex21 empts any such location from such fencing 

22 requirement and authorizes the specific al23 ternative measures referred to in such re24 port.’’. 


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1 (d) CLERICAL AMENDMENT.—Section 102(b)(1) of 

2 the Illegal Immigration and Immigrant Responsibility Act 

3 of 1996 is amended, in the paragraph heading, by striking 

4 ‘‘ALONG SOUTHWEST BORDER’’. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out the amendment made by subsection 

8 (a). 

9 SEC. 3. TUNNEL TASK FORCE. 

10 Subject to the availability of appropriations for such 

11 purpose, the fiscal year 2011 budget of the Tunnel Task 

12 Force, a joint force comprised of Immigration and Cus13 toms Enforcement (ICE), Customs and Border Patrol 

14 (CBP), and Drug Enforcement Administration (DEA) 

15 personnel tasked to pinpoint tunnels that are utilized by 

16 drug lords and ‘‘coyotes’’ to smuggle narcotics, illegal 

17 aliens, and weapons, shall be increased by 100 percent 

18 above the fiscal year 2007 budget. Such increase shall be 

19 used to increase personnel, improve communication and 

20 coordination between participant agencies, upgrade tech21 nology, and offer cash rewards and appropriate security 

22 to individuals who provide the Tunnel Task Force with 

23 accurate information on existing tunnels that breach the 

24 international borders of the United States. 


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1 SEC. 4. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 

2 (a) AUTHORIZATION.—The Secretary of Homeland 

3 Security shall develop and implement a program to fully 

4 integrate and utilize aerial surveillance technologies, in5 cluding unmanned aerial vehicles and related equipment, 

6 to enhance the security of the international borders be7 tween the United States and Mexico and the United States 

8 and Canada by conducting continuous monitoring and bor9 der surveillance of the entirety of such borders, including 

10 equipment such as— 

11 (1) additional sensors; 

12 (2) satellite command and control; and 

13 (3) other necessary equipment for operational 

14 support. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out subsection (a). 

Æ 


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