[Congressional Record Volume 153, Number 105 (Wednesday, June 27, 2007)]
[Senate]
[Pages S8631-S8636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           NOTICES OF INTENT

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1865, as follows:

       At the end of section 1, insert the following:
       (e) Secure Fence Act of 2007.--Notwithstanding subsection 
     (a) or any other provision of law, this Act and the 
     amendments made by this Act shall not take effect until the 
     President certifies to the Congress that the Secretary of 
     Homeland Security has taken all actions necessary to comply 
     with the provisions of, and the amendments made by, the 
     Secure Fence Act of 2006 (Public Law 109-367; 120 Stat. 
     2638), including completing the installation of all fencing 
     and barriers required by such provisions and amendments.

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1886, as follows:

       On page 595, between lines 12 and 13, insert the following:
       (s) Definition of Aggravated Felony and Additional Grounds 
     for Ineligibility for Z Nonimmigrant Status.--
       (1) Aggravated felony.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (T);
       (B) by striking the period at the end of subparagraph (U) 
     and inserting ``; and'' and
       (C) by adding at the end the following:
       ``(V) a second conviction for driving while under the 
     influence of alcohol or drugs, regardless of the State in 
     which the conviction occurred or whether the offense is 
     classified as a misdemeanor or a felony under the law of that 
     State.''.
       (2) Grounds for ineligibility.--In addition to the grounds 
     of ineligibility described in subsection (d)(1)(F), an alien 
     shall be ineligible for Z nonimmigrant status if the alien 
     has been convicted of driving while under the influence of 
     alcohol or drugs, regardless of the State in which the 
     conviction occurred or whether the offense is classified as a 
     misdemeanor or a felony under the law of that State.

[[Page S8632]]

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1890, as follows:

       Strike section 603, and insert the following:

     SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND 
                   JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR 
                   LEGAL STATUS.

       (a) Administrative Review for Aliens Who Have Applied for 
     Status Under This Title.--Notwithstanding any other provision 
     of this Act, any amendment made by this Act, or any other 
     provision of law, including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a denial, termination, 
     or recession of benefits or status under this title may not 
     be reviewed by any court, and no court shall have 
     jurisdiction to hear any claim arising from, or any challenge 
     to, such a denial, termination, or recession.
       (b) Removal of Aliens Who Have Been Denied Status Under 
     This Title.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary shall be placed immediately in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a).
       (2) Aliens who are determined to be ineligible due to 
     criminal convictions.--
       (A) Aggravated felons.--Notwithstanding any other provision 
     of this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary under section 601(d)(1)(F)(ii) 
     because the alien has been convicted of an aggravated felony, 
     as defined in paragraph 101(a)(43) of the Immigration and 
     Nationality Act, shall be placed immediately in removal 
     proceedings pursuant to section 238(b) of such Act (8 U.S.C. 
     1228(b)).
       (B) Other criminals.--Notwithstanding any other provision 
     of this Act, any other alien whose application for status 
     under this title has been denied or whose status has been 
     terminated or revoked by the Secretary under clause (i), 
     (iii), or (iv) of section 601(d)(1)(F) shall be placed 
     immediately in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       (C) Final denial, termination, or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in subparagraph (A) or (B) shall be 
     final for purposes of section 242(h)(3)(C) of the Immigration 
     and Nationality Act and shall represent the exhaustion of all 
     review procedures for purposes of sections 601(h) and 601(o).
       (3) Limitation on motions to reopen and reconsider.--During 
     the removal process under this subsection, an alien may file 
     not more than 1 motion to reopen or to reconsider. The 
     Secretary's or the Attorney General's decision whether to 
     consider any such motion is in the discretion of the 
     Secretary or the Attorney General.

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1891, as follows:

       On page 184, line 12, strike ``(b)'' and insert the 
     following:
       (b) Federal Affirmation of Immigration Law Enforcement by 
     States and Political Subdivisions of States.--
       (1) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States in the normal course of 
     carrying out the law enforcement duties of such personnel. 
     This State authority has never been displaced or preempted by 
     Federal law.
       (2) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       (c) Listing of Immigration Violators in the National Crime 
     Information Center Database.--
       (1) Provision of information to the national crime 
     information center.--
       (A) In general.--Except as provided under subparagraph (C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (i) against whom a final order of removal has been issued;
       (ii) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (iii) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       (iv) whose visa has been revoked.
       (B) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under subparagraph (A) related to 
     an alien who is lawfully admitted to enter or remain in the 
     United States.
       (C) Procedure for removal of erroneous information.--
       (i) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under subparagraph (A) related to such 
     alien.
       (ii) Effect of failure to receive notice.--Under procedures 
     developed under clause (i), failure by the alien to receive 
     notice of a violation of the immigration laws shall not 
     constitute cause for removing information provided by the 
     Secretary under subparagraph (A) related to such alien, 
     unless such information is erroneous.
       (iii) Interim provision of information.--Notwithstanding 
     the 180-day period set forth in subparagraph (A), the 
     Secretary may not provide the information required under 
     subparagraph (A) until the procedures required under this 
     paragraph have been developed and implemented.
       (2) Inclusion of information in the national crime 
     information center database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
       (d)

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1892, as follows:

       On page 559, strike line 17 and all that follows through 
     ``January 1, 2007'' on page 561, line 9, and insert the 
     following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, is employed, and seeks to continue 
     performing labor, services or education;
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, and such alien--

       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in clause (i); or
       ``(II) was, within 2 years of the date on which the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 was introduced in the Senate, the spouse of an alien who 
     was subsequently classified as a Z nonimmigrant under this 
     section, or is eligible for such classification, if--

       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) the spouse has been battered or subjected to extreme 
     cruelty by the spouse or parent, who is a Z nonimmigrant; or
       ``(iii) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph, is 
     physically present in the United States, has maintained 
     continuous physical presence in the United States since 
     January 7, 2004, and was born to or legally adopted by at 
     least 1 parent who is at the time of application described in 
     clause (i) or (ii).''.
       (c) Presence in the United States.--
       (1) In general.--The alien shall establish that the alien 
     was not lawfully present in the United States on January 7, 
     2004

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1904, as follows:

       At the appropriate place, insert the following:

     SEC. ___. CUSTOMS AND BORDER PATROL MANAGEMENT FLEXIBILITY.

       Notwithstanding any other provision of law, the 
     Commissioner of U.S. Customs and Border Patrol may employ, 
     appoint, discipline, terminate, and fix the compensation, 
     terms, and conditions of employment of Federal service for 
     such a number of individuals as the Commissioner determines 
     to be necessary to carry out the functions of the U.S.

[[Page S8633]]

     Customs and Border Patrol. The Commissioner shall establish 
     levels of compensation and other benefits for individuals so 
     employed.

  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1927, as follows:

       On page 117, line 4, insert ``, even if the length of the 
     term of imprisonment for the offense is based on recidivist 
     or other enhancements,'' after ``15 years''.
       On Page 117, line 14, strike lines 14 beginning at and 
     through page 118, line 8, and insert:
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) by striking the undesignated matter following 
     subparagraph (U);
       (6) in subparagraph (E)--
       (A) in clause (ii), by inserting ``,(c),'' after ``924(b)'' 
     and by striking ``or'' at the end, and
       (B) by adding at the end the following new clauses:
       ``(iv) section 2250 of title 18, United States Code 
     (relating to failure to register as a sex offender); or
       ``(v) section 521(d) of title 18, United States Code ( 
     relating to penalties for offenses committed by criminal 
     street gangs);''; and
       (7) by amending subparagraph (F) to read as follows:
       ``(F) either--
       ``(i) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense), or
       ``(ii) a third conviction for driving while intoxicated ( 
     including a third conviction for driving while under the 
     influence or impaired by alcohol or drugs), without regard to 
     whether the conviction is classified as a misdemeanor or 
     felony under State law,
     for which the term of imprisonment is at least one year;''.
       (b) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to any act that occurred before, on, or after 
     such date of enactment.
       In title II, insert after section 203 the following:

     SEC. 203A. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended by inserting after paragraph (1) 
     the following:
       ``(2) one who the Secretary of Homeland Security or the 
     Attorney General determines, in the unreviewable discretion 
     of the Secretary or the Attorney General, to have been at any 
     time an alien described in section 212(a)(3) or 237(a)(4), 
     which determination--
       ``(A) may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information; and
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act, and
       (2) any application for naturalization or any other benefit 
     or relief, or any other case or matter under the immigration 
     laws, pending on or filed after the date of enactment of this 
     Act.

     SEC. 203B. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

       (a) Inadmissibility On Criminal and Related Grounds; 
     Waivers.--Section 212 (8 U.S.C. 1182) is amended--
       (1) by adding at the end of subsection (a)(2) the following 
     new subparagraphs:
       ``(J) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(K) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(L) Crimes of domestic violence, stalking, or violation 
     of protection orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, a crime of domestic violence, a crime 
     of stalking, or a crime of child abuse, child neglect, or 
     child abandonment is inadmissible. For purposes of this 
     clause, the term `crime of domestic violence' means any crime 
     of violence (as defined in section 16 of title 18, United 
     States Code) against a person committed by a current or 
     former spouse of the person, by an individual with whom the 
     person shares a child in common, by an individual who is 
     cohabiting with or has cohabited with the person as a spouse, 
     by an individual similarly situated to a spouse of the person 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other 
     individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian tribal government, 
     or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. For 
     purposes of this clause, the term `protection order' means 
     any injunction issued for the purpose of preventing violent 
     or threatening acts of domestic violence, including temporary 
     or final orders issued by civil or criminal courts (other 
     than support or child custody orders or provisions) whether 
     obtained by filing an independent action or as a independent 
     order in another proceeding.''; and
       (2) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application of subparagraphs (A)(i)(I), 
     (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
     Attorney General or the Secretary of Homeland Security may, 
     in his discretion, waive the application of subparagraphs 
     (A)(i)(I), (III), (B), (D), (E), and (L) of subsection 
     (a)(2)'';
       (B) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' in the next to last sentence and 
     inserting ``if since the date of such admission the alien''; 
     and
       (C) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' each place it appears.
       (b) Deportability for Criminal Offenses Involving 
     Identification.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is 
     amended by adding after subparagraph (E) the following new 
     subparagraph:
       ``(F) Criminal offenses involving identification.--An alien 
     shall be considered to be deportable if the alien has been 
     convicted of a violation of (or a conspiracy or attempt to 
     violate) an offense described in section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     enactment, and
       (2) to all aliens who are required to establish 
     admissibility on or after the date of enactment of this 
     section, and in all removal, deportation, or exclusion 
     proceedings that are filed, pending, or reopened, on or after 
     such date.
       (d) Construction.--The amendments made by subsection (a) 
     shall not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act if such eligibility did not exist before the 
     amendments became effective.
       On page 119, lines 21 and 22, strike ``, which is 
     punishable by a sentence of imprisonment of five years or 
     more''.
       On page 121, beginning with line 15, through page 17, 
     strike ``Unless the Secretary of Homeland Security or the 
     Attorney General waives the application of this subparagraph, 
     any'' and insert ``Any''.
       On page 121, strike beginning line 8 then page 122. line 
     13.
       On page 122, lines 10 through 13, strike ``The Secretary of 
     Homeland Security or the Attorney General may in his 
     discretion waive this subparagraph.''.
       On page 123, strike all text beginning at line 23 through 
     page 128 line 25.
       On page 562, strike lines 1 through 6, and insert:
       (A) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)), except as provided in 
     paragraph (2);
       On page 563, strike lines 22 through page 564, line 3, and 
     insert:
       (I) is an alien who is described in or subject to section 
     237(a)(2)(A)(iii), (iv) or (v) of the Act (8 U.S.C. 
     1227(a)(2)(A)(iii), (iv) or (v)), except if the alien has 
     been granted a full and unconditional pardon by the President 
     of the United States of the Governor of any of the several 
     States, as provided in section 237(a)(2)(A)(vi) of the Act (8 
     U.S.C. 1227(a)(2)(A)(vi);
       (J) is an alien who is described in or subject to section 
     237(a)(4) of the Act (8 U.S.C. 1227(a)(4); and
       (K) is an alien who is described in or subject to section 
     237(a)(3)(C) of the Act (8 U.S.C. 1227(a)(3)(C)), except if 
     the alien is approved for a waiver as authorized under 
     section 237 (a)(3)(C)(ii) of the Act (8 U.S.C. 
     1227(a)(3)(C)(ii)).
       On page 564, line 14, strike ``(9)(C)(i)(I),''.
       On page 565, line 11, strike ``section 
     212(a)(9)(C)(i)(II)'' and insert ``section 212(a)(9)(C)''.
       On page 565, between lines 15 and 16, insert:

[[Page S8634]]

       (VII) section 212(a)(6)(E) of the Act (8 U.S.C. 
     1182(a)(6)(E)), except if the alien is approved for a waiver 
     as authorized under section 212(d)(11) of the Act (8 U.S.C. 
     1182(d)(11)); or
       (VIII) section 212(a)(9)(A) of the Act (8 U.S.C. 
     1182(a)(9)(A)).

       On page 565, strike lines 16 through 22.
       On page 567, between lines 13 and 14, insert:
       (5) Good moral character.--The alien must establish that he 
     or she is a person of good moral character ( within the 
     meaning of section 101(f) of the Act (8 U.S.C. 1101(f)) 
     during the past three years and continue to be a person of 
     such good moral character.
       On page 567, line 14 strike ``(5)'' and insert ``(6)''.
       On page 569, line 22 strike ``(6)'' and insert ``(7)''.
       On page 569, line 24 strike ``(7)'' and insert ``(8)''.
  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1929, as follows:

       On page 7, line 21, strike ``(v) Implementation of programs 
     authorized in titles IV and VI''.
  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1930, as follows:

       On page 1, strike line 3 and all that follows through page 
     6, line 11 and insert the following:

     SECTION 1. EFFECTIVE DATE TRIGGERS.

       (a) In General.--With the exception of the provisions of 
     subtitle C of title IV, and the admission of aliens under 
     section 101(a)(15)(H)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by title IV, 
     the programs established by title IV, and the programs 
     established by title VI that grant legal status to any 
     individual or that adjust the current status of any 
     individual who is unlawfully present in the United States to 
     that of an alien lawfully admitted for permanent residence, 
     shall become effective on the date that subsections (e) 
     through (i) have been fulfilled and after the Secretary 
     submits a written certification to the President and the 
     Congress, based on analysis by and in consultation with the 
     Comptroller General, that each of the following border 
     security and other measures are established, funded, and 
     operational:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security has established 
     and demonstrated operational control of 100 percent of the 
     international land border between the United States and 
     Mexico, including the ability to monitor such border through 
     available methods and technology.
       (2) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol has hired, 
     trained, and reporting for duty 20,000 full-time agents as of 
     the date of the certification under this subsection.
       (3) Strong border barriers.--There has been--
       (A) installed along the international land border between 
     the United States and Mexico as of the date of the 
     certification under this subsection, at least--
       (i) 300 miles of vehicle barriers;
       (ii) 370 miles of fencing; and
       (iii) 105 ground-based radar and camera towers; and
       (B) deployed for use along the international land border 
     between the United States and Mexico, as of the date of the 
     certification under this subsection, 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     is detaining all removable aliens apprehended crossing the 
     international land border between the United States and 
     Mexico in violation of Federal or State law, except as 
     specifically mandated by Federal or State law or humanitarian 
     circumstances, and United States Immigration and Customs 
     Enforcement has the resources to maintain this practice, 
     including the resources necessary to detain up to 31,500 
     aliens per day on an annual basis.
       (5) Workplace enforcement tools.--In compliance with the 
     requirements of title III of this Act, the Secretary of 
     Homeland Security has established, and is using, secure and 
     effective identification tools to prevent unauthorized 
     workers from obtaining employment in the United States. Such 
     identification tools shall include establishing--
       (A) strict standards for identification documents that are 
     required to be presented by the alien to an employer in the 
     hiring process, including the use of secure documentation 
     that--
       (i) contains--

       (I) a photograph of the alien; and
       (II) biometric data identifying the alien; or

       (ii) complies with the requirements for such documentation 
     under the REAL ID Act (Public Law 109-13; 119 Stat. 231); and
       (B) an electronic employment eligibility verification 
     system that is capable of querying Federal and State 
     databases in order to restrict fraud, identity theft, and use 
     of false social security numbers in the hiring of aliens by 
     an employer by electronically providing a digitized version 
     of the photograph on the alien's original Federal or State 
     issued document or documents for verification of that alien's 
     identity and work eligibility.
       (6) Processing applications of aliens.--The Secretary of 
     Homeland Security has received, and is processing and 
     adjudicating in a timely manner, applications for Z 
     nonimmigrant status under title VI of this Act, including 
     conducting all necessary background and security checks 
     required under that title.
       (b) Sense of Congress.--It is the sense of Congress that 
     the border security and other measures described in 
     subsection (a) shall be completed as soon as practicable, 
     subject to the necessary appropriations.
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until the 
     requirements under subsection (a) are met, the President 
     shall submit a report to Congress detailing the progress made 
     in funding, meeting, or otherwise satisfying each of the 
     requirements described under paragraphs (1) through (6) of 
     subsection (a), including detailing any contractual 
     agreements reached to carry out such measures.
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       (d) GAO Report.--Not later than 30 days after the 
     certification is submitted under subsection (a), the 
     Comptroller General shall submit a report to Congress on the 
     accuracy of such certification.
       (e) Certification of Implementation of Existing Provisions 
     of Law.--
       (1) In general.--In addition to the requirements under 
     subsection (a), at such time as any of the provisions 
     described in paragraph (2) have been satisfied, the Secretary 
     of the department or agency responsible for implementing the 
     requirements shall certify to the President that the 
     provisions of paragraph (2) have been satisfied.
       (2) Existing law.--The following provisions of existing law 
     shall be fully implemented, as directed by Congress, prior to 
     the certification set forth in paragraph (1):
       (A) The Department has achieved and maintained operational 
     control over the entire international land and maritime 
     borders of the United States as required under the Secure 
     Fence Act of 2006 (Public Law 109-367)
       (B) The total miles of fence required under such Act, and 
     as further amended by this Act, have been constructed.
       (C) All databases maintained by the Department which 
     contain information on aliens shall be fully integrated as 
     required by section 202 of the Enhanced Border Security and 
     Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
       (D) The Department shall have implemented a system to 
     record the departure of every alien departing the United 
     States and of matching records of departure with the records 
     of arrivals in the United States through the US-VISIT program 
     as required by section 110 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
     note).
       (E) The provision of law that prevents States and 
     localities from adopting ``sanctuary'' policies or that 
     prevents State and local employees from communicating with 
     the Department are fully enforced as required by section 642 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373).
       (F) The Department employs fully operational equipment at 
     each port of entry and uses such equipment in a manner that 
     allows unique biometric identifiers to be compared and visas, 
     travel documents, passports, and other documents 
     authenticated in accordance with section 303 of the Enhanced 
     Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
     1732).
       (G) An alien with a border crossing card is prevented from 
     entering the United States until the biometric identifier on 
     the border crossing card is matched against the alien as 
     required by section 101(a)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(6)).
       (H) Any alien who is likely to become a public charge is 
     denied entry into the United States pursuant to section 
     212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(4)).
       (f) Presidential Review of Certifications.--
       (1) Presidential review.--
       (A) In general.--Not later than 60 days after the President 
     has received a certification, the President may approve or 
     disapprove the certification. Any Presidential disapproval of 
     a certification shall be made if the President believes that 
     the requirements set forth have not been met.
       (B) Disapproval.--In the event the President disapproves of 
     a certification, the President shall deliver a notice of 
     disapproval to the Secretary of the department or agency 
     which made such certification. Such notice shall contain 
     information that describes the

[[Page S8635]]

     manner in which the immigration enforcement measure was 
     deficient, and the Secretary of the department or agency 
     responsible for implementing said immigration enforcement 
     measure shall continue to work to implement such measure.
       (C) Continuation of implementation.--The Secretary of the 
     department or agency responsible for implementing an 
     immigration enforcement measure shall consider such measure 
     approved, unless the Secretary receives the notice set forth 
     in subparagraph (B). In instances where an immigration 
     enforcement measure is deemed approved, the Secretary shall 
     continue to ensure that the immigration enforcement measure 
     continues to be fully implemented as directed by the 
     Congress.
       (g) Presidential Certification of Immigration 
     Enforcement.--
       (1) In general.--Not later than 90 days after the final 
     certification has been approved by the President, the 
     President shall submit to the Congress a notice of 
     Presidential Certification of Immigration Enforcement.
       (2) Report.--The certification required under paragraph (1) 
     shall be submitted with an accompanying report that details 
     such information as is necessary for the Congress to make an 
     independent determination that each of the immigration 
     enforcement measures has been fully and properly implemented.
       (3) Contents.--The Presidential Certification required 
     under paragraph (1) shall be submitted--
       (A) in the Senate, to the Majority Leader, the Minority 
     Leader, and the chairman and ranking member of the Committee 
     on the Judiciary, the Committee on Homeland Security and 
     Government Affairs; and the Committee on Finance; and
       (B) in the House of Representatives, to the Speaker, the 
     Majority Leader, the Minority Leader, and the chairman and 
     ranking member of the Committee on the Judiciary, the 
     Committee on Homeland Security; and the Committee on Ways and 
     Means.
       (h) Congressional Review of Presidential Certification.--
       (1) In general.--If a Presidential Certification of 
     Immigration Enforcement is made by the President under this 
     section, the programs described in the matter preceding 
     paragraph (1) of subsection (a) shall not be implemented 
     unless, during the first 90-calendar day period of continuous 
     session of Congress after the receipt of notice of 
     Presidential Certification of Immigration Enforcement, 
     Congress passes a Resolution of Presidential Certification of 
     Immigration Enforcement in accordance with this subsection, 
     and such resolution is enacted into law.
       (2) Procedures applicable to the senate.--
       (A) Rulemaking authority.--The provisions under this 
     paragraph are enacted by Congress--
       (i) as an exercise of the rulemaking power of the Senate, 
     and as such they are deemed a part of the rules of the 
     Senate, but applicable only with respect to the procedure to 
     be followed in the Senate in the case of a Resolution of 
     Immigration Enforcement, and such provisions supersede other 
     rules of the Senate only to the extent that they are 
     inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the Senate to change the rules (so far as relating to the 
     procedure of the Senate) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     Senate.
       (B) Introduction; referral.--
       (i) In general.--Not later than the first day on which the 
     Senate is in session following the day on which any notice of 
     Presidential Certification of Immigration Enforcement is 
     received by the Congress, a Resolution of Presidential 
     Certification of Immigration Enforcement shall be introduced 
     (by request) in the Senate by either the Majority Leader or 
     Minority Leader. If such resolution is not introduced as 
     provided in the preceding sentence, any Senator may introduce 
     such resolution on the third day on which the Senate is in 
     session after the date or receipt of the Presidential 
     Certification of Immigration Enforcement.
       (ii) Referral.--Upon introduction, a Resolution of 
     Presidential Certification of Immigration Enforcement shall 
     be referred jointly to each of the committees having 
     jurisdiction over the subject matter referenced in the 
     Presidential Certification of Immigration Enforcement by the 
     President of the Senate. Upon the expiration of 60 days of 
     continuous session after the introduction of the Resolution 
     of Presidential Certification of Immigration Enforcement, 
     each committee to which such resolution was referred shall 
     make its recommendations to the Senate.
       (iii) Discharge.--If any committee to which is referred a 
     resolution introduced under paragraph (2)(A) has not reported 
     such resolution at the end of 60 days of continuous session 
     of the Congress after introduction of such resolution, such 
     committee shall be discharged from further consideration of 
     such resolution, and such resolution shall be placed on the 
     legislative calendar of the Senate.
       (C) Consideration.--
       (i) In general.--When each committee to which a resolution 
     has been referred has reported, or has been discharged from 
     further consideration of such resolution, it shall at any 
     time thereafter be in order (even though a previous motion to 
     the same effect has been disagreed to) for any Member of the 
     Senate to move to proceed to the consideration of such 
     resolution. Such motion shall not be debatable. If a motion 
     to proceed to the consideration of such resolution is agreed 
     to, such resolution shall remain the unfinished business of 
     the Senate until the disposition of such resolution.
       (ii) Debate.--Debate on a resolution, and on all debatable 
     motions and appeals in connection with such resolution, shall 
     be limited to not more than 30 hours, which shall be divided 
     equally between Members favoring and Members opposing such 
     resolution. A motion to further limit debate shall be in 
     order and shall not be debatable. The resolution shall not be 
     subject to amendment, to a motion to postpone, or to a motion 
     to proceed to the consideration of other business. A motion 
     to recommit such resolution shall not be in order.
       (iii) Final vote.--Immediately following the conclusion of 
     the debate on a resolution of approval, and a single quorum 
     call at the conclusion of such debate if requested in 
     accordance with the rules of the Senate, the vote on such 
     resolution shall occur.
       (iv) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate to the 
     procedure relating to a resolution of approval shall be 
     limited to 1 hour of debate.
       (D) Receipt of a resolution from the house.--If the Senate 
     receives from the House of Representatives a Resolution of 
     Presidential Certification of Immigration Enforcement, the 
     following procedures shall apply:
       (i) The resolution of the House of Representatives shall 
     not be referred to a committee and shall be placed on the 
     Senate calendar, except that it shall not be in order to 
     consider such resolution on the calendar received by the 
     House of Representatives until such time as the Committee 
     reports such resolution or is discharged from further 
     consideration of a resolution, pursuant to this title.
       (ii) With respect to the disposition by the Senate with 
     respect to such resolution, on any vote on final passage of a 
     resolution of the Senate with respect to such approval, a 
     resolution from the House of Representatives with respect to 
     such measures shall be automatically substituted for the 
     resolution of the Senate.
       (3) Procedures applicable to the house of 
     representatives.--
       (A) Rulemaking authority.--The provisions of this paragraph 
     are enacted by Congress--
       (i) as an exercise of the rulemaking power of the House of 
     Representatives, and as such they are deemed a part of the 
     rules of the House of Representatives, but applicable only 
     with respect to the procedure to be followed in the House of 
     Representatives in the case of Resolutions of Certification 
     Immigration Enforcement, and such provisions supersede other 
     rules of the House of Representatives only to the extent that 
     they are inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the House of Representatives to change the rules (so far as 
     relating to the procedure of the House of Representatives) at 
     any time, in the same manner, and to the same extent as in 
     the case of any other rule of the House of Representatives.
       (B) Introduction; referral.--Resolutions of certification 
     shall upon introduction, be immediately referred by the 
     Speaker of the House of Representatives to the appropriate 
     committee or committees of the House of Representatives. Any 
     such resolution received from the Senate shall be held at the 
     Speaker's table.
       (C) Discharge.--Upon the expiration of 60 days of 
     continuous session after the introduction of the first 
     resolution of certification with respect to any measure, each 
     committee to which such resolution was referred shall be 
     discharged from further consideration of such resolution, and 
     such resolution shall be referred to the appropriate 
     calendar, unless such resolution or an identical resolution 
     was previously reported by each committee to which it was 
     referred.
       (D) Consideration.--It shall be in order for the Speaker to 
     recognize a Member favoring a resolution to call up a 
     resolution of certification after it has been on the 
     appropriate calendar for 5 legislative days. When any such 
     resolution is called up, the House of Representatives shall 
     proceed to its immediate consideration and the Speaker shall 
     recognize the Member calling up such resolution and a Member 
     opposed to such resolution for 10 hours of debate in the 
     House of Representatives, to be equally divided and 
     controlled by such Members. When such time has expired, the 
     previous question shall be considered as ordered on the 
     resolution to adoption without intervening motion. No 
     amendment to any such resolution shall be in order, nor shall 
     it be in order to move to reconsider the vote by which such 
     resolution is agreed to or disagreed to.
       (E) Receipt of resolution from senate.--If the House of 
     Representatives receives from the Senate a Resolution of 
     Certification Immigration Enforcement, the following 
     procedures shall apply:
       (i) Such resolution shall not be referred to a committee.
       (ii) With respect to the disposition of the House of 
     Representatives with respect to such resolution--

       (I) the procedure with respect to that or other resolutions 
     of the House of Representatives shall be the same as if no 
     resolution

[[Page S8636]]

     from the Senate with respect to such resolution had been 
     received; but
       (II) on any vote on final passage of a resolution of the 
     House of Representatives with respect to such measures, a 
     resolution from the Senate with respect to such resolution if 
     the text is identical shall be automatically substituted for 
     the resolution of the House of Representatives.

       (i) Definitions.--In this section:
       (1) Presidential certification of immigration 
     enforcement.--The term ``Presidential Certification of 
     Immigration Enforcement'' means the certification required 
     under this section, which is signed by the President, and 
     reads as follows:
     ``Pursuant to the provisions set forth in section 1 of the 
     Secure Borders, Economic Opportunity and Immigration Reform 
     Act of 2007 (the `Act'), I do hereby transmit the 
     Certification of Immigration Enforcement, certify that the 
     borders of the United States are substantially secure, and 
     certify that the following provisions of the Act have been 
     fully satisfied, the measures set forth below are fully 
     implemented, and the border security measures set forth in 
     this section are fully operational.''.
       (2) Certification.--The term ``certification'' means any of 
     the certifications required under subsection (a).
       (3) Immigration enforcement measure.--The term 
     ``immigration enforcement measure'' means any of the measures 
     required to be certified pursuant to subsection (a).
       (4) Resolution of presidential certification of immigration 
     enforcement.--The term ``Resolution of Presidential 
     Certification of Immigration Enforcement'' means a joint 
     resolution of the Congress, the matter after the resolving 
     clause of which is as follows:
     ``That Congress approves the certification of the President 
     of the United States submitted to Congress on ____ that the 
     national borders of the United States have been secured and, 
     in accordance with the provisions of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007.'',
  Mr. COBURN. Mr. President, I submit the following notice in writing: 
In accordance with Rule V of the Standing Rules of the Senate, I hereby 
give notice in writing that it is my intention to move to suspend 
paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 
1639), Amendment No. 1959, as follows:

       On page 5, between lines 11 and 12, insert the following:
       (7) US-VISIT system.--The integrated entry and exit data 
     system required under section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a), which was required to be implemented not later than 
     December 21, 2005, has been fully implemented and is 
     functioning at every land, sea, and air port of entry into 
     the United States.

                          ____________________