I 

111TH CONGRESS 

1ST SESSION H. R. 3289 

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 

JULY 22, 2009 

Mr. HUNTER (for himself, Mr. ROYCE, Mr. RYAN of Ohio, Mr. STUPAK, Mr. 

MCINTYRE, Mr. BILBRAY, Mr. ROHRABACHER, Mr. SHULER, and Mr. 

GARY G. MILLER of California) 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 2009’’. 


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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), the Secretary of Homeland Se12 curity may construct reinforced fencing 

13 along not less than 350 miles of the south14 west border where such fencing would be 

15 most practical and effective and provide 

16 for the installation of additional physical 

17 barriers, roads, lighting, cameras, and sen18 sors to gain operational control of the 

19 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, 2009, for purposes of satisVerDate Nov 24 2008 04:51 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.IH H3289

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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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