I 
116TH CONGRESS 
2D SESSION 
H. R. 5793 
To ensure operational control of the southwest border, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2020 
Mr. ROY (for himself and Mr. MCCLINTOCK) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committee on the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure operational control of the southwest border, and 
for other purposes. 
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 ‘‘Border Visibility and 
Security Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(2) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(4) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328). 
SEC. 3. STRENGTHENING THE REQUIREMENTS FOR BOR-
DER SECURITY TECHNOLOGY ALONG THE 
SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘and border technology’’ 
before ‘‘in the vicinity of’’; and 
(B) by striking ‘‘illegal crossings in areas 
of high illegal entry into the United Sates’’ and 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
inserting ‘‘, impede, and detect illegal activity 
and entry into the United States’’; 
(2) in subsection (b)— 
(A) in the heading by striking ‘‘ROAD IM-
PROVEMENTS’’ 
and 
inserting 
‘‘NAVIGABLE 
ROADS’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) ADDITIONAL
NAVIGABLE
ROADS
ALONG 
THE SOUTHWEST BORDER.— 
‘‘(A) NAVIGABLE ROAD DEFINED.—In this 
subsection, the term ‘navigable road’ means a 
contiguous, navigable road. 
‘‘(B) NAVIGABLE ROADS.—In carrying out 
subsection (a), the Secretary of Homeland Se-
curity shall construct a navigable road along 
not less than 700 miles of the southwest border 
where most practical and effective to gain oper-
ational control of the southwest border. 
‘‘(C) PRIORITY
AREAS.—In carrying out 
this paragraph, the Secretary of Homeland Se-
curity shall— 
‘‘(i) identify the 700 miles, or other 
mileage determined by the Secretary, along 
the southwest border where a navigable 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
road would be most practical and effective 
in deterring smugglers and aliens attempt-
ing to gain illegal entry into the United 
States; and 
‘‘(ii) not later than December 31, 
2020, complete construction of a navigable 
road along the miles identified under 
clause (i). 
‘‘(D) CONSULTATION.— 
‘‘(i) IN
GENERAL.—In carrying out 
this paragraph, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
States, local governments, Indian Tribes, 
and property owners in the United States 
to minimize the impact on the environ-
ment, culture, commerce, and quality of 
life for the communities and residents lo-
cated near the sites at which navigable 
roads are to be constructed. 
‘‘(ii) SAVINGS
PROVISION.—Nothing 
in this subparagraph may be construed 
to— 
‘‘(I) create or negate any right of 
action for a State, local government, 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
Indian Tribe, or other person or enti-
ty affected by this subsection; or 
‘‘(II) affect the eminent domain 
laws of the United States or of any 
State.’’; 
(3) in subsection (c)(1), by inserting ‘‘and, pur-
suant to subsection (d), the installation, operation, 
and maintenance of technology,’’ after ‘‘barriers and 
roads’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) INSTALLATION, OPERATION, 
AND
MAINTE-
NANCE OF TECHNOLOGY.— 
‘‘(1) IN GENERAL.—Not later than January 20, 
2021, the Secretary of Homeland Security, in car-
rying out subsection (a), shall deploy the most prac-
tical and effective technology available along the 
United States border for achieving situational 
awareness and operational control of the border. 
‘‘(2) TECHNOLOGY DEFINED.—In this subpara-
graph, the term ‘technology’ includes border surveil-
lance and detection technology, including— 
‘‘(A) radar surveillance systems; 
‘‘(B) Vehicle and Dismount Exploitation 
Radars (VADER); 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology; 
‘‘(D) sensors; 
‘‘(E) unmanned cameras; 
‘‘(F) man-portable and mobile vehicle- 
mounted unmanned aerial vehicles; and 
‘‘(G) any other devices, tools, or systems 
found to be more effective or advanced than 
those specified in subparagraphs (A) through 
(F). 
‘‘(f) DEFINITIONS.—In this section, the term ‘situa-
tional awareness’ has the meaning given the term in sec-
tion 1092(a)(7) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328).’’. 
SEC. 4. COMPREHENSIVE SOUTHERN BORDER STRATEGY. 
(a) IN GENERAL.—Not later than 12 months after 
the date of the enactment of this section, the Secretary 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a comprehensive Southern border strategy. 
(b) CONTENTS.—The strategy submitted under sub-
section (a) shall include— 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
(1) a list of known physical barriers, tech-
nologies, tools, and other devices that can be used to 
achieve and maintain situational awareness and 
operational control along the southern border; 
(2) a projected per mile cost estimate for each 
physical barrier, technology, tool, and other device 
included on the list required under paragraph (1); 
(3) a detailed account of which type of physical 
barrier, technology, tool, or other device the Depart-
ment believes is necessary to achieve and maintain 
situational awareness and operational control for 
each liner mile of the southern border; 
(4) an explanation for why such physical bar-
rier, technology, tool, or other device was chosen to 
achieve and maintain situational awareness and 
operational control for each linear mile of the south-
ern border, including— 
(A) the methodology used to determine 
which type of physical barrier, technology, tool, 
or other device was chosen for such linear mile; 
(B) an examination of existing manmade 
and natural barriers for each linear mile of the 
southern border; and 
(C) the information collected and evaluated 
from— 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
(i) the appropriate U.S. Customs and 
Border Protection Sector Chief; 
(ii) the Joint Task Force Commander; 
(iii) the appropriate State Governor; 
(iv) local law enforcement officials; 
(v) private property owners; and 
(vi) other affected stakeholders; 
(5) a per mile cost calculation for each linear 
mile of the southern border given the type of phys-
ical barrier, technology, tool, or other device chosen 
to achieve and maintain operational control for each 
linear mile; and 
(6) a cost justification for each time a more ex-
pensive physical barrier, technology, tool, or other 
device is chosen over a less expensive option, as es-
tablished by the per mile cost estimates required in 
paragraph (2). 
SEC. 5. ERADICATION OF CANE ALONG THE RIO GRANDE 
RIVER. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall take such actions as may be necessary, including 
through cooperation with appropriate Federal and State 
agencies, to permanently eradicate the cane, or Arundo 
donax, that grows along the Rio Grande river. 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS
(b) PROHIBITION ON ADDITIONAL FUNDING.—No 
additional funds are authorized to be appropriated to 
carry out this section. This section shall be carried out 
using amounts otherwise authorized. 
SEC. 6. FUNDING. 
(a) USE OF CERTAIN FORFEITED CRIMINAL PRO-
CEEDS
FOR BORDER SECURITY MEASURES.—Notwith-
standing any other provision of law, any illegally obtained 
profits resulting from any criminal drug trafficking enter-
prise led by Joaquin Archivaldo Guzman Loera (commonly 
known as ‘‘El Chapo’’), which are criminally forfeited to 
the United States Government as a result of the conviction 
of Mr. Guzman Loera in Federal district court, shall be 
reserved for security measures along the border between 
the United States and Mexico, including to carry out this 
Act and the amendments made by this Act, for the pur-
pose of furthering the Nation’s security. 
(b) USE OF FORFEITED CRIMINAL PROCEEDS OF 
OTHER
CONVICTED
CARTEL
MEMBERS.—Notwith-
standing any other provision of law, any funds that are 
criminally forfeited to the United States Government as 
the result of a felony conviction in a Federal district court 
of a member of a drug cartel—an individual engaging in 
a continuing criminal enterprise involving knowingly and 
intentionally distributing a controlled substance, intending 
VerDate Sep 11 2014 
03:56 Feb 08, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5793.IH
H5793
kjohnson on DSK79L0C42PROD with BILLS