Killing the Border Fence

Cross posted from Virtuous Republic

H.R. 2764, known as the Consolidated Appropriations Act, 2008,
contains language, that in essence, means the border fence with Mexico
will not get built.Our elites aren’t interested in securing our borders
and every chance they get, they are going to undo the damage caused by
those pesky citizens who defeated amnesty and demanded enforcement of
our immigration laws. Michelle Malkin
has a good summary of what this bill does to the border fence.The
opponents of the border fence can claim they support it, but read the
language in the bill and tell me if you think a fence could be built
with all the attached requirements and conditions.

For expenses for customs and border protection fencing,
infrastructure, and technology, $1,225,000,000, to remain available
until expended: Provided, That of the amount provided under this
heading, $1,053,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided
further, That provided under this heading, $650,000,000 shall not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security and submitted within 90
days after the date of enactment of this Act, for a program to
establish a security barrier along the borders of the United States of
fencing and vehicle barriers, where practicable, and other forms of
tactical infrastructure and technology, that includes:

(1) a detailed accounting of the program’s progress to date relative
to system capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program management
capabilities, identification of the maximum investment (including
lifecycle costs) required by the Secure Border Initiative network or
any successor contract, and description of the methodology used to
obtain these cost figures;

(2) a description of how activities will further the objectives of
the Secure Border Initiative, as defined in the Secure Border
Initiative multi-year strategic plan, and how the plan allocates
funding to the highest priority border security needs;

(3) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the planned
expenditure of funds linked to the milestone-based delivery of specific
capabilities, services, performance levels, mission benefits and
outcomes, and program management capabilities;

(4) an identification of staffing (including full-time equivalents, contractors, and detailees) requirements by activity;

(5) a description of how the plan addresses security needs at the
Northern Border and the ports of entry, including infrastructure,
technology, design and operations requirements;

(6) a report on costs incurred, the activities completed, and the
progress made by the program in terms of obtaining operational control
of the entire border of the United States;

(7) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the program and
the status of Department of Homeland Security actions to address the
recommendations, including milestones to fully address them;

(8) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the Department,
and that the process fulfills all capital planning and investment
control requirements and reviews established by the Office of
Management and Budget, including Circular A-11, part 7;

(9) a certification by the Chief Information Officer of the
Department that the system architecture of the program is sufficiently
aligned with the information systems enterprise architecture of the
Department to minimize future rework, including a description of all
aspects of the architectures that were and were not assessed in making
the alignment determination, the date of the alignment determination,
and any known areas of misalignment along with the associated risks and
corrective actions to address any such areas;

(10) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the Federal
acquisition rules, requirements, guidelines, and practices, and a
description of the actions being taken to address areas of
non-compliance, the risks associated with them along with any plans for
addressing these risks, and the status of their implementation;

(11) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly and proactively identifies, evaluates, mitigates, and
monitors risks throughout the system life cycle and communicates
high-risk conditions to U.S. Customs and Border Protection and
Department of Homeland Security investment decisionmakers, as well as a
listing of all the program’s high risks and the status of efforts to
address them;

(12) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the program are being
strategically and proactively managed, and that current human capital
capabilities are sufficient to execute the plans discussed in the
report;

(13) an analysis by the Secretary for each segment, defined as no
more than 15 miles, of fencing or tactical infrastructure, of the
selected approach compared to other, alternative means of achieving
operational control; such analysis should include cost, level of
operational control, possible unintended effects on communities, and
other factors critical to the decision-making process;

(14) a certification by the Chief Procurement Officer of the
Department of Homeland Security that procedures to prevent conflicts of
interest between the prime integrator and major subcontractors are
established and that the Secure Border Initiative Program Office has
adequate staff and resources to effectively manage the Secure Border
Initiative program, Secure Border Initiative network contract, and any
related contracts, including the exercise of technical oversight, and a
certification by the Chief Information Officer of the Department of
Homeland Security that an independent verification and validation agent
is currently under contract for the projects funded under this heading;
and

(15) is reviewed by the Government Accountability Office:

Provided further, That the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives on
program progress to date and specific objectives to be achieved through
the award of current and remaining task orders planned for the balance
of available appropriations: (1) at least 30 days prior to the award of
any task order requiring an obligation of funds in excess of
$100,000,000; and (2) prior to the award of a task order that would
cause cumulative obligations of funds to exceed 50 percent of the total
amount appropriated:Provided further, That of the funds provided under
this heading, not more than $2,000,000 shall be used to reimburse the
Defense Acquisition University for the costs of conducting a review of
the Secure Border Initiative network contract and determining how and
whether the Department is employing the best procurement practices:
Provided further, That none of the funds under this heading may be
obligated for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) until 15 days have elapsed from the date of the publication
of the decision in the Federal Register.

Of course our leaders didn’t kill the border fence in a obvious
manner, they have killed it by requiring the Secretary of Homeland
Security to meet impossible criteria.Then, a little later in the bill,
you find this, which among other things, requires the Secretary of
Homeland Defense to consult with homeowners, Indian tribes, and
environmentalists.

We’ve been lied to again.

SEC. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a)
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended– (1) in
subsection (a), by striking `Attorney General, in consultation with the
Commissioner of Immigration and Naturalization,’ and inserting
`Secretary of Homeland Security’; and (2) in subsection (b)– (A) in the
subsection heading, by striking `in the Border Area’ and inserting
`Along the Border’; (B) in paragraph (1)– (i) in the heading, by
striking `SECURITY FEATURES’ and inserting `ADDITIONAL FENCING ALONG
SOUTHWEST BORDER’; and (ii) by striking subparagraphs (A) through (C)
and inserting the following:

`(A) REINFORCED FENCING- In carrying out subsection (a), the
Secretary of Homeland Security shall construct reinforced fencing along
not less than 700 miles of the southwest border where fencing would be
most practical and effective and provide for the installation of
additional physical barriers, roads, lighting, cameras, and sensors to
gain operational control of the southwest border.

`(B) PRIORITY AREAS- In carrying out this section, the Secretary of
Homeland Security shall– `(i) identify the 370 miles, or other mileage
determined by the Secretary, whose authority to determine other mileage
shall expire on December 31, 2008, along the southwest border where
fencing would be most practical and effective in deterring smugglers
and aliens attempting to gain illegal entry into the United States; and
`(ii) not later than December 31, 2008, complete construction of
reinforced fencing along the miles identified under clause (i).

`(C) CONSULTATION- `(i) IN GENERAL- In carrying out this section,
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 environment, culture, commerce, and quality of life for
the communities and residents located near the sites at which such
fencing is 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, or other person or entity
affected by this subsection; or `(II) affect the eminent domain laws of
the United States or of any State.

`(D) LIMITATION ON REQUIREMENTS- Notwithstanding subparagraph (A),
nothing in this paragraph shall require the Secretary of Homeland
Security to install fencing, physical barriers, roads, lighting,
cameras, and sensors in a particular location along an international
border of the United States, if the Secretary determines that the use
or placement of such resources is not the most appropriate means to
achieve and maintain operational control over the international border
at such location.’; and (C) in paragraph (4), by striking `to carry out
this subsection not to exceed $12,000,000′ and inserting `such sums as
may be necessary to carry out this subsection’. (b) No funds
appropriated in this Act for U.S. Customs and Border Protection `Border
Security Fencing, Infrastructure, and Technology’ may be obligated
unless the Secretary of Homeland Security has complied with section
102(b)(2)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by
subsection (a)(2).

**This was a production of The Coalition Against Illegal Immigration
(CAII). If you would like to participate, please go to the above link
to learn more. Afterwards, email brianbonner90-at-gmail-dot-com and let
us know at what level you would like to participate.


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