To require the completion of at least 700 miles of reinforced fencing along the southwest border by December 31, 2010.

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

[[Page S7212]]

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.
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