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Full Text of this Amendment

SA 421. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 782, to amend the Public Works and Economic Development Act of 1965 to reauthorize that Act, and for other purposes; which was ordered to lie on the table; as follows:

On page 29, after line 20, add the following:
SEC. 22. 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 1 year after the date of the enactment of the Economic Development Revitalization Act of 2011, 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 6 months after the date of the enactment of this Act, 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 subsection (a); and
(2) the plans for completing such fencing not later than 1 year after the date of the enactment of this Act.


(As printed in the Congressional Record for the Senate on Jun 8, 2011.)