US-Mexico Border Fence / Great Wall of Mexico
Secure Fence

S.744 Border Security, Economic Opportunity, and Immigration Modernization Act (Engrossed in Senate [Passed Senate] - ES)

SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND SOUTHERN BORDER FENCING STRATEGY.

b) Southern Border Fencing Strategy-

(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the `Southern Border Fencing Strategy', to identify where 700 miles of fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.

(2) SUBMISSION- The Secretary shall submit the Southern Border Fencing Strategy to Congress and the Comptroller General of the United States for review.

(3) NOTICE OF COMMENCEMENT- Upon commencing the implementation of the Southern Border Fencing Strategy, the Secretary shall submit a notice of commencement of the implementation of the Strategy to Congress and the Comptroller General of the United States.

(4) CONSULTATION-

(A) IN GENERAL- In implementing the Southern Border Fencing Strategy required by this subsection, the Secretary 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 environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.

(B) SAVINGS PROVISION- Nothing in this paragraph may be construed to--

(i) create or negate any right of action for a State or local government or other person or entity affected by this subsection; or

(ii) affect the eminent domain laws of the United States or of any State.

(5) LIMITATION ON REQUIREMENTS- Notwithstanding paragraph (1), nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location.