S.Amdt. 361

SA 361. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 347 proposed by Mr. Reid to the bill S. 990, to provide
for an additional temporary extension of programs under the Small
Business Act and the Small Business Investment Act of 1958, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. 3. 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 PATRIOT Sunsets Extension 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.
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