[Page S7272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1426. Mr. KYL submitted an amendment intended to be proposed 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; which was ordered to lie on 
the table; as follows:

       On page 10, strike line 6 and all that follows through page 
     11, line 22 and insert the following:

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; $5,390,100,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $305,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline and anti-child exploitation activities; of which not 
     less than $5,400,000 shall be used to facilitate agreements 
     consistent with section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)); and of which not to 
     exceed $11,216,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled aliens 
     unlawfully present in the United States: Provided, That none 
     of the funds made available under this heading shall be 
     available to compensate any employee for overtime in an 
     annual amount in excess of $35,000, except that the 
     Secretary, or the designee of the Secretary, may waive that 
     amount as necessary for national security purposes and in 
     cases of immigration emergencies: Provided further, That of 
     the total amount provided, $15,770,000 shall be for 
     activities in fiscal year 2010 to enforce laws against forced 
     child labor, of which not to exceed $6,000,000 shall remain 
     available until expended: Provided further, That of the total 
     amount available, not less than $1,000,000,000 shall be 
     available to identify aliens convicted of a crime, and who 
     may be deportable, and to remove them from the United States 
     once they are judged deportable: Provided further, That the 
     Secretary, or the designee of the Secretary, shall report to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, at least quarterly, on progress 
     implementing the preceding proviso, and the funds obligated 
     during that quarter to make that progress: Provided further, 
     That funding made available under this heading shall maintain 
     a level of not less than 34,400 detention beds through 
     September 30, 2010: Provided further, That of the total 
     amount provided, not less than $2,569,180,000 is for 
     detention and removal operations, including transportation of 
     unaccompanied minor aliens: Provided further, That of the 
     total amount provided, $6,800,000 shall remain available 
     until September 30, 2011, for the Visa Security Program:  
     Provided further, That nothing under this heading shall 
     prevent U.S. Immigation and Customs Enforcement from 
     exercising those authorities provided under immigration laws 
     (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))) during priority 
     operations pertaining to aliens convicted of a crime: 
     Provided further, That the amount appropriated under title I 
     for departmental management and operations is hereby reduced 
     by $30,000,000.
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