12 2 STA T .3659PUBLIC LA W 11 0– 329 — S E PT. 30 , 200 8thefundsma dea v a il a b le unde r this headin g shall be available t oc om p ensate an y employee for overtime in an annual amount ine x cess of $35,0 00, except that the S ecretary, or the designee of the Secretary, may w aive that amount as necessary for national security purposes and in cases of immigration emergencies
- Pro-vide
d fu r th er, T hat of the total amount provided, $ 1 5, 7 70,000 shall be for activities in fiscal year 2 00 9 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, of which $150,000,000 shall remain available until September 30, 2010, shall be available to identify aliens convicted of a crime, and who may be deportable, and to remove them from the U nited States once they are j udged deport - able: Provided 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, at least q uarterly, on progress implementing the preceding proviso, and the funds obligated during that quarter to ma k e that progress: Provided fur- ther, 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 of the total amount provided, not less than $2, 48 1,213,000 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, 2010, 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 effective April 15, 2009, 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 ‘ ‘adequate ’ ’ or the equivalent median score in any subsequent performance evaluation system: Provided further, That the Sec- retary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not later than J anuary 5, 2009, a plan for nationwide implementation of the Alternatives to Detention program that identifies: (1) the funds required for nationwide 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 program: 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 con- victed of a crime. FED E RALP R OT E C T IV E S ERVICE The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the F ederal Protective Service: Provided, That the Secretary of Homeland Security and the Director of the Certif i ca ti on.D ea dl ine. Deadline. P lan. E ffecti v e date. Contract s . R e p orts. Deadlines. A liens. Aliens. C h ild la b or.
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