123STA T . 21 49PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 09 beforactiv itie s i n fisca ly ear 201 0 to enforce la w sa g ainst force d c h ild labor , of which not to e x ceed $6 ,000,000 shall re m ain available u ntil ex p ended
- Provide
d fu r th er, T hat of the total amount available, not less than $1, 5 00,000,000 shall be available to identify aliens convicted of a crime who may be deportable, and to remove them from the U nited S tates once they are j udged deportable, of which $200,000,000 shall remain available until September 3 0, 2011: Pro - vided further, That the Secretary, or the designee of the Secretary, shall report to the C ommittees on A ppropriations of the Senate and the H ouse of R epresentatives, not later than 4 5 days after the end of each q uarter of the fiscal year, on progress in imple - menting the preceding proviso and the funds obligated during that quarter to ma k e that progress: Provided further , That the Secretary shall prioriti z e the identification and removal of aliens convicted of a crime by the severity of that crime: Provided further, That funding made available under this heading shall maintain a level of not less than 33,400 detention beds through September 30, 2010: Provided further, That of the total amount provided, not less than $2,545,1 8 0,000 is for detention and removal operations, including transportation of unaccompanied minor aliens: Provided further, That of the total amount provided, $ 7 ,300,000 shall remain avail- able until September 30, 2011, for the V isa Security P rogram: Provided further, That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287 ( g ) of the I mmigration and N ationality Act (8 U . S.C. 1357(g)) if the D epartment of Homeland Security Inspector G eneral determines that the terms of the agree- ment governing the delegation of authority have been violated: Provided further, That none of the funds provided under this heading may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘ ‘ade- quate ’ ’ or the equivalent median score in any subsequent perform- ance evaluation system: Provided further, That nothing under this heading shall prevent U.S. Immigation and Customs E nforcement 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 none of the funds provided under this heading may be obligated to collocate field offices of U.S. Immigration and Customs Enforcement until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a plan for the nationwide implementation of the Alternatives to Detention Program that identifies: (1) the funds required for nation- wide program implementation
(2) the timeframe for achieving nationwide program implementation; and (3) an estimate of the number of individuals who could be enrolled in a nationwide pro- gram. AUTOM AT I O N MO DER NI Z ATION ( IN CL UDIN G TRAN SF ER OF FUNDS )F or expenses of immigration and customs enforcement auto- mated systems, $ 9 0,000,000, to remain available until expended: Provided, That of the funds made available under this heading, Expenditur e p la n .Im plementati o n plan. C ontra c t s . D etermination. Detention b eds. A liens. R eports. Deadlines. Aliens.
