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July 7, 2009, 12:00 am ET - Amendment SA 1399 proposed by Senator DeMint to Amendment SA 1373.
July 8, 2009, 12:00 am ET - Considered by Senate.
July 8, 2009, 11:34 am ET - DeMint Amdt. No. 1399

Full Text of this Amendment

SA 1399. Mr. DeMINT proposed an amendment to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes; as follows:

At the appropriate place, insert the following:
SEC. __. BORDER FENCE COMPLETION.
(a) Minimum Requirements.--Section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) in subparagraph (A), by adding at the end the following: ``Fencing that does not effectively restrain pedestrian traffic (such as vehicle barriers and virtual fencing) may not be used to meet the 700-mile fence requirement under this subparagraph.'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) not later than December 31, 2010, complete the construction of all the reinforced fencing and the installation of the related equipment described in subparagraph (A).''; and
(3) in subparagraph (C), by adding at the end the following:
``(iii) FUNDING NOT CONTINGENT ON CONSULTATION.--Amounts appropriated to carry out this paragraph may not be impounded or otherwise withheld for failure to fully comply with the consultation requirement under clause (i).''.
(b) Report.--Not later than September 30, 2009, the Secretary of Homeland Security shall submit a report to Congress that describes--
(1) the progress made in completing the reinforced fencing required under section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by this Act; and
(2) the plans for completing such fencing before December 31, 2010.


(As printed in the Congressional Record for the Senate on Jul 7, 2009.)