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 States- 
Mexico 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-Mex-
ico border and to gain operational control over such 
border. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unlawful Border Entry 
Prevention Act of 2009’’. 
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SEC. 2. REINFORCED FENCING ALONG THE SOUTHWEST 
BORDER. 
(a) IN GENERAL.—Section 102(A)(b)(1) of the Ille-
gal Immigration Reform and Immigrant Responsibility 
Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note) 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(E) REINFORCED FENCING.— 
‘‘(i) IN
GENERAL.—In carrying out 
subsection (a), and in addition to subpara-
graph (A), the Secretary of Homeland Se-
curity may construct reinforced fencing 
along not less than 350 miles of the south-
west border where such fencing would be 
most practical and effective and provide 
for the installation of additional physical 
barriers, roads, lighting, cameras, and sen-
sors to gain operational control of the 
southwest border. 
‘‘(ii) PROHIBITION
ON
PREEXISTING 
FENCING TO SATISFY MILEAGE REQUIRE-
MENT.—In carrying out clause (i), the Sec-
retary may not consider fencing or any 
other similar physical infrastructure along 
the southwest border in existence on De-
cember 31, 2009, for purposes of satis-
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fying the mileage requirement under such 
clause.’’. 
(b) 
CONFORMING
AMENDMENTS.—Subsection 
(b)(1)(B) of section 102 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 is amended— 
(1) in clause (i), by striking ‘‘fencing’’ and in-
serting ‘‘reinforced fencing’’; and 
(2) in clause (ii), by inserting ‘‘such’’ before 
‘‘reinforced fencing’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the amendment made by subsection 
(a). 
SEC. 3. PLAN FOR OPERATIONAL CONTROL OF SOUTHWEST 
BORDER. 
(a) IN GENERAL.—If the Secretary of Homeland Se-
curity determines that, with respect to any fiscal year, 
there has been a 40-percent increase over the immediately 
preceding fiscal year in any sector of the southwest border 
of apprehensions by the Department of Homeland Secu-
rity of individuals unlawfully entering the United States, 
the Secretary shall, not later than 30 days after the date 
of such determination, submit to Congress a plan to gain 
operational control of such sector. 
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(b) OPERATIONAL CONTROL DEFINED.—In this sec-
tion, the term ‘‘operational control’’ means the prevention 
of all unlawful entries into the United States, including 
entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband. 
Æ 
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