[Congressional Record Volume 159, Number 82 (Tuesday, June 11, 2013)]
[Senate]
[Pages S4217-S4232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1181. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1094, strike lines 16 through 24, and insert the 
     following:
       ``(6) Treatment of spouses and children.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a spouse or child of a nonimmigrant agricultural worker--
       ``(i) shall not be entitled to a visa or any immigration 
     status by virtue of the relationship of such spouse or child 
     to such worker; and
       ``(ii) may be provided status as a nonimmigrant 
     agricultural worker if the spouse or child is independently 
     qualified for such status.
       ``(B) Exception.--Notwithstanding subparagraph (A)(i)--
       ``(i) an alien spouse and minor children of a nonimmigrant 
     agricultural worker whose contract or offer of employment is 
     for a period of 1 year or more may be admitted to the United 
     States pursuant to clause (iii) or (iv) of section 
     101(a)(15)(W) during the period of the principal nonimmigrant 
     agricultural worker's admission;
       ``(ii) such alien spouse and minor children shall not be 
     counted against the numerical limitation in subsection (c); 
     and
       ``(iii) such alien spouse shall be--

       ``(I) authorized to engage in employment in the United 
     States during such period of admission; and
       ``(II) provided with an employment authorization document, 
     stamp, or other appropriate work permit.

       ``(C) Rule of construction.--Nothing in subparagraph may be 
     construed to require an employer of a nonimmigrant worker to 
     provide housing or a housing allowance to the spouse or child 
     of such worker.
                                 ______
                                 
  SA 1182. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. MARRIAGE.

       (a) Rule of Construction.--Title I (8 U.S.C. 1101 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 107. RULE OF CONSTRUCTION.

       ``Notwithstanding section 7 of title 1, United States Code, 
     an individual shall be considered a `spouse' and a marriage 
     shall be considered a `marriage' for the purposes of this Act 
     if--
       ``(1) the marriage of the individual is valid in the State 
     in which the marriage was entered into; or
       ``(2) in the case of a marriage entered into outside of any 
     State, the marriage is valid in the place in which the 
     marriage was entered into and the marriage could have been 
     entered into in a State.''.
       (b) Conforming Amendment.--Section 202(b)(2) (8 U.S.C. 
     1152(b)(2)) is amended--
       (1) by striking ``his spouse'' and inserting ``his or her 
     spouse''; and
       (2) by striking ``husband and wife'' and inserting ``the 
     spouses''.
                                 ______
                                 
  SA 1183. Mr. LEAHY (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; as follows:

       At the end of subtitle D of title IV, add the following:

     SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING 
                   ARTS.

       Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
       (1) in the first sentence, by inserting ``(i)'' before 
     ``Any person'';
       (2) in the second sentence--
       (A) by striking ``Once'' and inserting ``Except as provided 
     in clause (ii), once''; and
       (B) by striking ``Attorney General shall'' and inserting 
     ``Secretary of Homeland Security shall'';
       (3) in the third sentence, by striking ``The Attorney 
     General'' and inserting ``The Secretary''; and
       (4) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien with extraordinary ability in the 
     arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) (other than an alien described in 
     paragraph (4)(A) (relating to athletes)) not later than 14 
     days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     appropriate opportunity to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 14-day period described in 
     clause (ii) and the petitioner is an arts organization 
     described in paragraph (3), (5), or (6) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code for the taxable year preceding 
     the calendar year in which the petition is submitted, or an 
     individual or entity petitioning primarily on behalf of such 
     an organization, the Secretary of Homeland Security shall 
     provide the petitioner with the premium processing services 
     referred to in section 286(u), without a fee.''.
                                 ______
                                 
  SA 1184. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1305, between lines 8 and 9, insert the following:
       ``(D) Franchisor liability.--Nothing in this section may be 
     construed to hold a franchisor civilly liable as a result of 
     any violation of this section committed by a franchisee or by 
     an agent of the franchisee.
                                 ______
                                 
  SA 1185. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 1791, strike line 24 and all that follows 
     through page 1792, line 4, and insert the following:
       ``(2) Prohibition on direct payments from a united states 
     source.--During a period of admission pursuant to paragraph 
     (1), an alien may not receive direct payments from a United 
     States source, except for incidental expenses for meals, 
     travel, lodging, and other basic services.''.
                                 ______
                                 
  SA 1186. Mr. SCHUMER submitted an amendment intended to be proposed 
by

[[Page S4218]]

him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1154, strike line 21, and insert the following:
       ``(6) Application procedures.--
       ``(A) Submission.--During the 30-day period beginning on 
     the first October 1 occurring at least 3 years after the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act, and during 
     each 30-day period beginning on October 1 in subsequent 
     years, eligible aliens may submit, to U.S. Citizenship and 
     Immigration Services, an application for a merit-based 
     immigrant visa that contains such information as the 
     Secretary may reasonably require.
       ``(B) Adjudication.--Before the last day of each fiscal 
     year in which applications are filed pursuant to subparagraph 
     (A), the Director, U.S. Citizenship and Immigration Services, 
     shall--
       ``(i) review the applications to determine which aliens 
     will be granted a merit-based immigrant visa in the following 
     fiscal year in accordance with this subsection; and
       ``(ii) in coordination with the Secretary of State, provide 
     such visas to all successful applicants.
       ``(C) Fee.--An alien who is allocated a visa
                                 ______
                                 
  SA 1187. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1206, line 8, strike ``203(b)(2)(B)'' and insert 
     ``201(b)(1)(N)''.
                                 ______
                                 
  SA 1188. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1164, line 23, strike ``(f)'' and insert the 
     following:
       (f) Applicability of Certain Grounds of Inadmissibility.--
     In determining an alien's inadmissibility under this section, 
     section 212(a)(9)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(9)(B)) shall not apply.
       (g)
                                 ______
                                 
  SA 1189. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1630, strike lines 3 through 5, and insert the 
     following:
       ``(C) An allocation adjustment under clause (i), (ii), 
     (iii), or (iv) of subparagraph (B)--
       ``(i) may not increase the total number of nonimmigrant 
     visas available for any fiscal year under section 
     101(a)(15)(H)(i)(b) above 180,000; and
       ``(ii) may not take place to make additional nonimmigrant 
     visas available for any fiscal year in which
                                 ______
                                 
  SA 1190. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1677, line 13, insert ``, other than a public 
     institution of higher education,'' after ``entity''.
                                 ______
                                 
  SA 1191. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1735, strike lines 4 through 8 and insert the 
     following:
       (2) by amending subparagraph (B) to read as follows:
       ``(B) The applicable numerical limitation referred to in 
     subparagraph (A) for each fiscal year is--
       ``(i) 10,500 for each of the nationalities identified in 
     clause (iii) of section 101(a)(15)(E); and
       ``(ii) 10,500 for all aliens described in clause (vi) of 
     such section.''.
                                 ______
                                 
  SA 1192. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 942, between lines 17 and 18, insert the following:

     SEC. 1122. AIRPORT SPACE FOR BIOMETRIC DATA COLLECTION.

       (a) In General.--Section 234 (8 U.S.C. 1224) is amended to 
     read as follows:

     ``SEC. 234. DESIGNATION OF INTERNATIONAL AIRPORTS AT WHICH 
                   ALIENS ARE PERMITTED TO ENTER OR EXIT THE 
                   UNITED STATES.

       ``(a) Designation.--The Secretary of Homeland Security is 
     authorized--
       ``(1) to designate international airports in the United 
     States that may accept aliens arriving to or exiting from the 
     United States by aircraft; and
       ``(2) to withdraw any designation made pursuant to 
     paragraph (1) if the designated airport fails to provide, at 
     no cost to the Federal Government, adequate space and 
     facilities, as determined by the Secretary, for--
       ``(A) the inspection of aliens arriving to the United 
     States; and
       ``(B) the collection of biometric information from aliens 
     departing from the United States;
       ``(3) to provide such reasonable requirements for aircraft 
     in civil air navigation with respect to giving notice of 
     intention to land in advance of landing, or notice of 
     landing, as the Secretary determines to be necessary to 
     administer and enforce this chapter; and
       ``(4) to provide for the application to civil air 
     navigation of the provisions of this chapter, if not 
     expressly provided in this chapter, to the extent and upon 
     such conditions as the Secretary determines to be necessary.
       ``(b) Civil Penalties.--
       ``(1) In general.--Any person who violates any requirement 
     provided by the Secretary of Homeland Security pursuant to 
     subsection (a) shall be subject to a civil penalty of $2,000, 
     which may be remitted or mitigated by the Secretary in 
     accordance with such proceedings as the Secretary shall 
     prescribe.
       ``(2) Lien; seizure.--If a violation described in paragraph 
     (1) is committed by the owner or person in command of an 
     aircraft--
       ``(A) the penalty imposed under this subsection shall be a 
     lien upon the aircraft;
       ``(B) such lien may be collected by proceedings in rem that 
     conform as nearly as possible to civil suits in admiralty; 
     and
       ``(C) such aircraft may be libeled therefore in the 
     appropriate United States court.
       ``(D) such aircraft may be summarily seized by, and placed 
     in the custody of, such persons as the Secretary may 
     prescribe.
       ``(3) No judicial review.--The determination by the 
     Secretary of Homeland Security and the remission or 
     mitigation of the civil penalty imposed under this subsection 
     shall be final.
       ``(4) Release of lien.--An aircraft seized pursuant to 
     paragraph (2)(D) may be released from such custody upon 
     deposit of such amount not exceeding $2,000 as the Secretary 
     of Homeland Security may prescribe, or of a bond in such sum 
     and with such sureties as the Secretary may prescribe, 
     conditioned upon the payment of the penalty.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 234 and inserting 
     the following:

``Sec. 234. Designation of international airports at which aliens are 
              permitted to enter or exit the United States.''.
       (c) Rulemaking.--
       (1) Secretary of homeland security.--The Secretary shall 
     prescribe such regulations as may be necessary to carry out 
     the amendments made by this section.
       (2) Judicial procedures.--The Supreme Court of the United 
     States, and, under its direction, other courts of the United 
     States, are authorized to prescribe such rules regulating 
     proceedings against aircraft subject to a penalty imposed 
     pursuant to section 234(b) of the Immigration and Nationality 
     Act, as amended by subsection (a), which are not otherwise 
     provided by law.
                                 ______
                                 
  SA 1193. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1680, line 25, insert ``(other than nonprofit 
     education and research institutions)'' after ``employer''.
       On page 1681, line 25, strike ``employer who'' and insert 
     ``employer (other than nonprofit education and research 
     institutions) that''.
                                 ______
                                 
  SA 1194. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1147, strike lines 16 through 19, and insert the 
     following:
       ``(1) Fiscal years 2015 through 2017.--During each of the 
     fiscal years 2015 through 2017, the worldwide level
       Beginning on page 1147, line 24, strike ``Beginning with 
     the fifth fiscal year beginning after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act,'' and insert ``During fiscal 
     year 2018 and each subsequent fiscal year,''
       On page 1160, strike lines 11 through 13 and insert the 
     following:
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2014.
                                 ______
                                 
  SA 1195. Mr. GRASSLEY (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; as 
follows:

       On page 855, strike line 24 and all that follows through 
     page 856, line 9, and insert the following:

[[Page S4219]]

       (1) Processing of applications for registered provisional 
     immigrant status.--Not earlier than the date upon which the 
     Secretary has submitted to Congress a certification that the 
     Secretary has maintained effective control of the Southern 
     border for a period of not less 6 months, the Secretary may 
     commence processing applications for registered provisional 
     immigrant status pursuant to section 245B of the Immigration 
     and Nationality Act, as added by section 2101 of this Act.
                                 ______
                                 
  SA 1196. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 856, lines 1 through 3, strike ``the Secretary has 
     submitted to Congress the Notice of Commencement of 
     implementation of'' and insert ``the governors of the States 
     along the Southern border have approved and certified to 
     Congress the substantial implementation of''.
       On page 865, line 6, strike ``and'' and all that follows 
     through ``(G)'' on line 7, and insert the following:
       (G) the governors of the States of California, Arizona, New 
     Mexico, and Texas; and
       (H)
       On page 867, line 11, strike ``and'' and all that follows 
     through ``(ii)'' on line 12, and insert the following:
       (ii) the governors of the States of California, Arizona, 
     New Mexico, and Texas; and
       (iii)
       On page 868, line 8, strike ``and'' and all that follows 
     through ``(vii)'' on line 9, and insert the following:
       (vii) the governors of the States of California, Arizona, 
     New Mexico, and Texas; and
       (viii)
                                 ______
                                 
  SA 1197. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 855, strike line 23 and all that follows 
     through page 858, line 10, and insert the following:
       (c) Triggers.--
       (1) Processing applications for registered provisional 
     immigrant status.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act, until after the 
     date on which--
       (A) the Secretary has submitted to Congress the notice of 
     commencement of the implementation of the Comprehensive 
     Southern Border Security Strategy pursuant to section 
     5(a)(4)(B); and
       (B) 350 miles of Southern border fencing has been completed 
     in accordance with section 102(b)(1)(A) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note), as amended by section 1122 of this Act.
       (2) Adjustment of status of registered provisional 
     immigrants.--The Secretary may not adjust the status of 
     aliens who have been granted registered provisional status, 
     except for aliens granted blue card status under section 2201 
     of this Act or described in section 245D(b) of the 
     Immigration and Nationality Act, until the Secretary, after 
     consultation with the Comptroller General of the United 
     States, submits to the President and Congress a written 
     certification that--
       (A) the Comprehensive Southern Border Security Strategy, 
     which was submitted to Congress, has been substantially 
     deployed and is substantially operational;
       (B) the Southern Border Fencing Strategy has been submitted 
     to Congress, implemented, and is substantially completed;
       (C) 700 miles of Southern border fencing has been completed 
     in accordance with section 102(b)(1)(A) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note), as amended by section 1122 of this Act;
       (D) the Secretary has implemented the mandatory employment 
     verification system required under section 274A of the 
     Immigration and Nationality Act, as amended by section 3101 
     of this Act, for use by all employers to prevent unauthorized 
     workers from obtaining employment in the United States; and
       (E) the Secretary is using an electronic exit system at air 
     and sea ports of entry that operates by collecting machine-
     readable visa or passport information from air and vessel 
     carriers.
       On page 942, between lines 17 and 18, insert the following:

     SEC. 1122. EXTENSION OF REINFORCED FENCING ALONG THE 
                   SOUTHWEST BORDER.

       Section 102(b)(1)(A) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
     amended by adding at the end the following: ``Only fencing 
     that is double-layered and constructed in a way to 
     effectively restrain pedestrian traffic may be used to 
     satisfy the 700-mile requirement under this subparagraph. 
     Fencing that does not effectively restrain pedestrian traffic 
     (such as vehicle barriers and virtual fencing) does not 
     satisfy the requirement under this subparagraph.''.
                                 ______
                                 
  SA 1198. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 922, line 13, insert ``and tribal'' after 
     ``border''.
       On page 923, line 9, strike ``29'' and insert ``33''.
       On page 923, line 15, strike ``12'' and insert ``14''.
       On page 923, between lines 20 and 21, insert the following:

       (III) 2 tribal government officials;

       On page 924, line 7, strike ``17'' and insert ``19''.
       On page 924, between lines 12 and 13, insert the following:

       (III) 2 tribal government officials;

       On page 925, line 8, strike ``14'' and insert ``16''.
                                 ______
                                 
  SA 1199. Mrs. BOXER (for herself and Ms. Landrieu) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 919, line 17, insert after ``agents,'' the 
     following: ``in consultation with the Secretary of Defense, 
     National Guard personnel performing duty to assist U.S. 
     Customs and Border Protection under section 1103(c)(6) of 
     this Act, Coast Guard officers and agents, assisting in 
     border enforcement efforts under Section 1103(c)(6) of this 
     Act,''
                                 ______
                                 
  SA 1200. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title I, insert the following:

                CHAPTER __--BORDER SECURITY ENHANCEMENTS

     SEC. 1__1. SHORT TITLE.

       This chapter may be cited as the ``Trust But Verify Act of 
     2013''

     SEC. 1__2. MEASURES USED TO EVALUATE BORDER SECURITY.

       (a) Border Security Review.--
       (1) In general.--The Secretary shall conduct an annual 
     comprehensive review of the following:
       (A) The security conditions in each of the following 9 
     Border Patrol sectors along the Southwest border:
       (i) The Rio Grande Valley Sector.
       (ii) The Laredo Sector.
       (iii) The Del Rio Sector.
       (iv) The Big Bend Sector.
       (v) The El Paso Sector.
       (vi) The Tucson Sector.
       (vii) The Yuma Sector.
       (viii) The El Centro Sector.
       (ix) The San Diego Sector.
       (B) Update on the new and existing double layered fencing 
     built and in place, broken down on an annual basis since the 
     date of the enactment of the Secure Fence Act of 2006 (Public 
     Law 109-367), with the goal of completing the fence not later 
     than 5 years after the date of the enactment of this Act.
       (C) Progress towards the completion of an effective exit 
     and entry program at all points of entry that tracks visa 
     holders.
       (D) Progress towards the goal of a 95 percent apprehension 
     or turn back rate.
       (E) A 100 percent incarceration until trial rate for newly 
     captured illegal entrants and overstays.
       (F) Progress towards the goal ending of illegal immigration 
     and undocumented presence, as measured by census data and the 
     Department.
       (2) Report.--Not later than July 1, 2014, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     containing specific results of the review conducted under 
     paragraph (1).
       (3) Rule of construction.--
       (A) In general.--Except as provided in subparagraph (B), 
     nothing in paragraph (1) may be construed as prohibiting the 
     Secretary from proposing--
       (i) alterations to boundaries of the Border Patrol sectors; 
     or
       (ii) a different number of sectors to be operated on the 
     Southern border.
       (B) Reporting.--The Secretary may not make any alteration 
     to the Border Patrol sectors in operation or the boundaries 
     of such sectors as of the date of the enactment of this Act 
     unless the Secretary submits, to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives, a written notification and description of 
     the proposed change not later than 120 days before any such 
     change would take effect.
       (b) Unqualified Opinion.--
       (1) In general.--The Secretary shall submit a report to 
     Congress that contains--
       (A) an unqualified opinion of whether each of the sectors 
     referred to in subsection (a)(1)(A) has achieved ``total 
     operational control'' of the border within its jurisdiction; 
     and
       (B) the following criteria and goals of the Department:
       (i) Transparent data relating to the success of border 
     security and immigration enforcement policies.
       (ii) Improved accountability to the people of the United 
     States.
       (iii) 100 percent surveillance capability on the border not 
     later than 2 years after the date of the enactment of this 
     Act.

[[Page S4220]]

       (iv) An apprehension or turn back rate of 95 percent or 
     higher not later than 5 years after the date of the enactment 
     of this Act.
       (v) Increasing annual targets for apprehensions, which 
     shall be adapted to the unique conditions of each Border 
     Patrol sector.
       (vi) Uniformity in data collection and analysis for each 
     Border Patrol sector.
       (vii) An update on the new and existing double layered 
     fencing built and in place, broken down on an annual basis 
     since the date of the enactment of the Secure Fence Act of 
     2006.
       (2) Total operational control defined.--In this chapter, 
     the term ``total operational control'', with respect to a 
     border sector, occurs if--
       (A) the fence construction requirements required under this 
     chapter have been completed;
       (B) the infrastructure enhancements required under this 
     chapter have been completed and deployed;
       (C) there have been verifiable increases in personnel 
     dedicated to patrols, inspections, and interdiction;
       (D) U.S. Customs and Border Protection has achieved 100 
     percent surveillance capacity and uninterrupted monitoring 
     throughout the entire sector;
       (E) U.S. Customs and Border Protection has achieved an 
     apprehension rate of at least 95 percent for all attempted 
     unauthorized crossings;
       (F) uniform data collection standards have been adopted 
     across all sectors; and
       (G) U.S. Customs and Border Protection is tracking the 
     exits of 100 percent of outbound aliens through all points of 
     entry.
       (3) Metrics described.--The Secretary shall use specific 
     metrics to assess the progress toward, and maintenance of, 
     total operational control of the border in each Border Patrol 
     sector, including--
       (A) with respect to resources and infrastructure--
       (i) a description of the infrastructure and resources 
     deployed on the Southwest border, including physical barriers 
     and fencing, surveillance cameras, motion and other ground 
     sensors, aerial platforms, and unmanned aerial vehicles;
       (ii) an assessment of the Border Patrol's ability to 
     perform uninterrupted surveillance on the entirety of the 
     border within each sector;
       (iii) an assessment of whether the Department of Homeland 
     Security has attained a 100 percent surveillance capability 
     for each sector; and
       (iv) a specific analysis detailing the miles of fence 
     built, including double-layered fencing, pursuant to the 
     Secure Fence Act of 2006 (Public Law 109-367), as amended by 
     this Act.
       (B) with respect to illegal entries between ports--
       (i) the number of attempted illegal entries, categorized 
     by--

       (I) number of apprehensions;
       (II) people turned back to country of origin (turn-backs); 
     and
       (III) individuals who have escaped (got aways);

       (ii) the number of apprehensions, including data on unique 
     apprehensions to capture individuals who attempted to enter 
     multiple times;
       (iii) the apprehension rate as a percentage of total 
     attempted illegal entries;
       (iv) an estimate of the total number of successful illegal 
     entries, based on reliable supporting evidence;
       (v) the prevalence of drug and contraband smuggling, 
     categorized by--

       (I) the frequency of attempted crossings;
       (II) successful evasions of law enforcement;
       (III) the value of smuggled contraband;
       (IV) successful discoveries and arrests; and
       (V) arrest rate trends related to violent criminals 
     crossing the border;

       (vi) physical evidence of crossings not otherwise tied to a 
     pursuit, including fence-cuttings; and
       (vii) transparent data that reports if the numbers include 
     actual physical capture or turn-backs witnessed by border 
     enforcement and a segregation of data that includes evidence 
     of individuals going back, including but not limited to 
     footprints, food and torn clothing;
       (C) with respect to illegal entries at ports--
       (i) the number of attempted illegal entries, categorized by 
     the number of apprehensions, turn-backs, and got aways;
       (ii) the number of apprehensions, including data on unique 
     apprehensions to capture individuals who attempt to enter 
     multiple times;
       (iii) the apprehension rate as a percentage of total 
     attempted illegal entries;
       (iv) an estimate of the number of successful illegal 
     entries, based on reliable supporting evidence; and
       (v) the prevalence of drug and contraband smuggling, 
     categorized by--

       (I) the frequency of attempted entries;
       (II) successful discovery methods;
       (III) the use of falsified official travel documents;
       (IV) evolving evasion tactics; and
       (V) arrest rate trends related to persons apprehended 
     attempting to smuggle prohibited items;

       (D) with respect to repeat offenders--
       (i) data and analysis of recidivism trends, including the 
     prevalence of multiple arrests and repeated attempts to enter 
     unlawfully; and
       (ii) updated information on U.S. Customs and Border 
     Protection's Consequence Delivery System;
       (E) with respect to smuggling--
       (i) progress made in creating uniformity in the punishment 
     of unlawful border crossers relative to their crimes for the 
     purposes of deterring smuggling;
       (ii) the percentage of unlawful immigrants and smugglers 
     who are subject to a uniform punishment; and
       (iii) data breaking down the treatment of, and consequences 
     for, repeat offenders to determine the extent to which the 
     Consequence Delivery System serves as an effective deterrent;
       (F) with respect to visa overstays, data for each year, 
     categorized by--
       (i) the type of visa issued to the alien; and
       (ii) the nationality of the alien;
       (G) with respect to the unlawful presence of aliens--
       (i) the total number of individuals present in the United 
     States, which will be correlated in future years with 
     normalization participants;
       (ii) net migration into the United States, including legal 
     and illegal immigrants, categorized by--

       (I) nationality; and
       (II) country of origin, if different from nationality;

       (iii) deportation data, categorized by country and the 
     nature of apprehension;
       (iv) individuals who have obtained or who seek legal 
     status; and
       (v) individuals without legal status who have died while in 
     the United States;
       (H) the number of Department agents deployed to the border 
     each year, categorized by staffing assignment and security 
     function;
       (I) progress made on the implementation of full exit 
     tracking capabilities for land, sea, and air points of entry;
       (J) progress towards the goal of 100 percent incarceration 
     until trial date for newly captured illegal entrants and 
     overstays;
       (K) progress towards the goal of ending illegal immigration 
     and undocumented presence, as measured by data collected by 
     the United States Census Bureau and the Department; and
       (L) progress towards eliminating disputes between Federal 
     agencies in the use of public lands to perform border 
     enforcement operations.

     SEC. 1__3. REPORTS ON BORDER SECURITY.

       (a) Department of Homeland Security Report.--
       (1) In general.--Not later than July 1, 2014, and annually 
     thereafter for 5 years, the Secretary shall submit a report 
     to Congress that contains a comprehensive review of the 
     security conditions in each of the Border Patrol sectors 
     along the Southwest border.
       (2) Public hearings for report.--Congress shall hold public 
     hearings with the Secretary and other individuals responsible 
     for preparing the report submitted under paragraph (1) to 
     discuss the report and educate the United States public on 
     border security from the perspective of such officials. 
     Congress shall allow differing views on the conclusions of 
     the report to be expressed by outside groups and interested 
     parties for purposes of analyzing data through a transparent 
     and deliberative committee process.
       (b) Inspector General's Report.--
       (1) In general.--Not later than 30 days after the issuance 
     of each report under subsection (a), the Inspector General of 
     the Department shall submit a report to Congress that 
     provides an independent analysis of the report submitted 
     under subsection (a)(1) to analyze--
       (A) the accuracy of the report; and
       (B) the validity of the data used by the Department to 
     issue the report.
       (2) Participation.--The Inspector General should 
     participate in any hearings relating to the assessment of the 
     border security report of the Department.
       (c) Governors Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for 5 
     years, the Governor of each of the States along the Southern 
     border may submit an independent report to Congress that 
     provides the perspective of the Governor and other officials 
     of such State tasked to law enforcement on the security 
     conditions along that State's border with Mexico.
       (2) Public hearings for state reports.--Congress shall hold 
     public hearings with the Governor and other officials from 
     each State that submits a report under paragraph (1) to 
     discuss the report and educate the United States public on 
     border security from the perspective of such officials.
       (d) Public Disclosure of Reports.--Upon the receipt of a 
     report submitted under this section, the Senate and the House 
     of Representatives shall--
       (1) provide copies of the report to the Chair and ranking 
     member of each standing committee with jurisdiction under the 
     rules of such House, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the Majority Leader of the Senate, and the 
     Minority Leader of the Senate; and
       (2) make the report available to the public.

     SEC. 1__4. CONGRESSIONAL APPROVAL PROCEDURES.

       (a) Joint Resolution Defined.--
       (1) In general.--In this subsection, the term ``joint 
     resolution'' means only a joint resolution of the 2 Houses of 
     Congress that only includes--
       (A) the matter contained in the preamble set forth in 
     paragraph (2); and

[[Page S4221]]

       (B) the matter after the resolving clause set forth in 
     paragraph (3).
       (2) Preamble.--The joint resolution shall include the 
     following preamble:
       ``Whereas Congress passed and the President enacted into 
     law section 1__6 of the Trust But Verify Act of 2013, with 
     the promise to the American people that the border would be 
     fully secure within 5 years;
       ``Whereas, one goal of comprehensive immigration reform was 
     to verify that the United States Government is capable of 
     implementing operational control of the border;
       ``Whereas the prerequisite to reforming visa law and the 
     creation of new immigration and visa categories was the 
     implementation of full border security within a reasonable 
     amount of time; and
       ``Whereas the American people have been the subject of 
     broken promises in the past on border security: Now, 
     therefore, be it''.
       (3) Matter after the resolving clause.--The matter after 
     the resolving clause in the joint resolution shall read as 
     follows: ``It is the sense of Congress that the United States 
     border is secure because--
       ``(1) the double-layered fencing is on schedule to be 
     completed in 5 years and sufficient progress has been made in 
     the past year to complete such fencing on the schedule 
     promised to the American people;
       ``(2) an effective exit-entry registration system at all 
     points of entry that tracks visa holders is either completed 
     or sufficiently completed to the satisfaction of Congress;
       ``(3) the goal of a 95 percent effectiveness rate for the 
     capture of unauthorized immigrants has been achieved, or is 
     on pace to be achieved, not later than 5 years after the date 
     of the enactment of the Trust But Verify Act of 2013;
       ``(4) the security conditions in each of the 9 Border 
     Patrol sectors along the Southwest border have been achieved, 
     or are on pace to be achieved not later than 5 years after 
     the date of the enactment of the Trust But Verify Act of 
     2013, as determined by total operational control metric set 
     forth in section 1__2 of such Act;
       ``(5) a 100 percent incarceration rate until trial for 
     newly captured illegal entrants and overstayers has been 
     implemented;
       ``(6) progress towards the goal of ending illegal 
     immigration and undocumented presence has been achieved, as 
     measured by data collected by the United States Census Bureau 
     and the Department; and
       ``(7) sections 245B of the Immigration and Nationality Act, 
     as added by section 2101 of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act, will not 
     compromise border security and shall remain in effect for at 
     least 1 more year notwithstanding section 1__5 of the Trust 
     But Verify Act of 2013.''.
       (b) Procedures for Considering Resolutions.--
       (1) Introduction.--A joint resolution--
       (A) may be introduced in the Senate or in the House of 
     Representatives during the 30-day calendar day period 
     beginning on--
       (i) July 1, 2014;
       (ii) July 1 of any of the following 4 years; or
       (iii) 30 days after date on which the report is submitted 
     under section 1__3(a) if such submission occurs before July 1 
     of a calendar year;
       (B) in the Senate, may be introduced by any Member of the 
     Senate;
       (C) in the House of Representatives, may be introduced by 
     any Member of the House of Representatives; and
       (D) may not be amended.
       (2) Referral to committee.--A joint resolution introduced 
     in the Senate shall be referred to the Committee on Homeland 
     Security and Governmental Affairs of the Senate. A joint 
     resolution introduced in the House of Representatives shall 
     be referred to the Committee on Homeland Security of the 
     House of Representatives.
       (3) Discharge of committee.--If the congressional committee 
     to which a joint resolution is referred has not discharged 
     the resolution at the end of 30th day after its 
     introduction--
       (A) such committee shall be discharged from further 
     consideration of such resolution; and
       (B) such resolution shall be placed on the appropriate 
     calendar of the House involved.
       (4) Floor consideration.--
       (A) Motion.--
       (i) In general.--After the committee to which a joint 
     resolution is referred has reported, or has been discharged 
     pursuant to paragraph (3) from further consideration of, the 
     joint resolution--

       (I) it is in order (even though a previous motion to the 
     same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the joint resolution; and
       (II) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived;
       (III) the motion described in subclause (I) is highly 
     privileged in the House of Representatives and is privileged 
     in the Senate and is not debatable;
       (IV) the motion described in subclause (I) is not subject 
     to amendment, a motion to postpone, or a motion to proceed to 
     the consideration of other business; and
       (V) a motion to reconsider the vote by which the motion is 
     agreed to or disagreed to shall not be in order.

       (ii) Unfinished business.--If a motion to proceed to the 
     consideration of the joint resolution is agreed to, the 
     resolution shall remain the unfinished business of the 
     respective House until it has been disposed.
       (B) Debate.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with such 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution. A motion further to limit 
     debate is in order and not debatable. An amendment to, or a 
     motion to postpone, or a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     joint resolution is not in order. A motion to reconsider the 
     vote by which the joint resolution is agreed to or disagreed 
     to is not in order.
       (C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the joint resolution shall occur.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate or the House of Representatives, as 
     applicable, to the procedure relating to a joint resolution 
     shall be decided without debate.
       (5) Coordination with action by other house.--If 1 House 
     receives a joint resolution from the other House before the 
     House passes a joint resolution--
       (A) the joint resolution of the other House shall not be 
     referred to a committee; and
       (B) with respect to a joint resolution of the House 
     receiving the resolution--
       (i) the procedures in that House shall be the same as if no 
     joint resolution had been received from the other House; 
     except that
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such--
       (i) it is deemed a part of the rules of each House, 
     respectively;
       (ii) it is only applicable with respect to the procedures 
     to be followed in that House in the case of a joint 
     resolution; and
       (iii) it supersedes other rules only to the extent that it 
     is inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 1__5. CONDITIONS.

       (a) Year 1.--Except as provide in section 1__6, section 
     245B of the Immigration and Nationality Act, as added by 
     section 2101 of this Act, shall cease to have effect 
     beginning on December 31, 2014, unless Congress enacts a 
     joint resolution pursuant to section 1__4 during the 1-year 
     period ending on such date.
       (b) Year 2.--Except as provided in section 1__6, section 
     245B of the Immigration and Nationality Act, as added by 
     section 2101 of this Act, shall cease to have effect 
     beginning on December 31, 2015, unless Congress enacts a 
     joint resolution pursuant to section 1__4 during the 1-year 
     period ending on such date.
       (c) Year 3.--Except as provided in section 1__6, section 
     245B of the Immigration and Nationality Act, as added by 
     section 2101 of this Act, shall cease to have effect 
     beginning on December 31, 2016, unless Congress enacts a 
     joint resolution pursuant to section 1__4 during the 1-year 
     period ending on such date.
       (d) Year 4.--Except as provided in section 1__6, section 
     245B of the Immigration and Nationality Act, as added by 
     section 2101 of this Act, shall cease to have effect 
     beginning on December 31, 2017, unless Congress enacts a 
     joint resolution pursuant to section 1__4 during the 1-year 
     period ending on such date.
       (e) Year 5.--Except as provided in section 1__6, section 
     245B of the Immigration and Nationality Act, as added by 
     section 2101 of this Act, shall cease to have effect 
     beginning on December 31, 2018, unless Congress enacts a 
     joint resolution pursuant to section 1__4 during the 1-year 
     period ending on such date.
       (f) Status of Registered Provisional Immigrants.--If 
     section 245B of the Immigration and Nationality Act ceases to 
     be effective pursuant to this section--
       (1) any alien who was granted registered provisional 
     immigrant status before the date such section ceases to be 
     effective shall remain in such status; and
       (2) any alien whose application for registered provisional 
     immigrant status is pending may not be granted such status 
     until such section is reinstated.
       (g) Rules of Construction.--Except as provided in 
     subsection (g), no provision of this section may be 
     construed--
       (1) to limit the authority of the Secretary to review and 
     process applications for registered provisional immigrant 
     status under section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act; or
       (2) to repeal or limit the application of section 245B(c) 
     of such Act.
       (h) Sunset.--Paragraphs (1) and (2) shall cease to have 
     effect on December 31, 2018, unless Congress enacts a joint 
     resolution pursuant to section 1__4 during 2018.

     SEC. 1__6. TRIGGERS BASED ON CONGRESSIONAL APPROVAL.

       (a) Year 1.--If a joint resolution is enacted pursuant to 
     section 1__4 during 2014, the

[[Page S4222]]

     sunset provision set forth in section 1__5(a) shall have no 
     further force or effect.
       (b) Year 2.--If a joint resolution is enacted pursuant to 
     section 1__4 during 2015, the sunset provision set forth in 
     section 1__5(b) shall have no further force or effect.
       (c) Year 3.--If a joint resolution is enacted pursuant to 
     section 1__4 during 2016, the sunset provision set forth in 
     section 1__5(c) shall have no further force or effect.
       (d) Year 4.--If a joint resolution is enacted pursuant to 
     section 1__4 during 2017, the sunset provision set forth in 
     section 1__5(d) shall have no further force or effect.
       (e) Year 5.--If a joint resolution is enacted pursuant to 
     section 1__4 during 2018, the sunset provision set forth in 
     section 1__5(e) shall have no further force or effect.

     SEC. 1__7. REQUIREMENT FOR PHYSICAL BORDER FENCE 
                   CONSTRUCTION.

       (a) Construction of Border Fencing.--
       (1) First year.--Except as provided in subsection (d), 
     during the 1-year period beginning on the date of the 
     enactment of this Act, the Secretary shall construct not 
     fewer than 100 miles of double-layer fencing on the Southern 
     border.
       (2) Subsequent years.--During each of the first 4 1-year 
     periods immediately following the 1-year period described in 
     paragraph (1), the Secretary shall construct not fewer than 
     150 miles of double-layer fencing on the Southern border.
       (b) Certification.--Except as provided in subsection (d), 
     not later than 1 year after the date of the enactment of this 
     Act, and annually thereafter, the Secretary shall submit a 
     written certification that construction of the double-layer 
     fencing required under subsection (a) has been completed 
     during the preceding year to--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Homeland Security of the House of 
     Representatives.
       (c) Determination of Miles of Fencing Constructed.--
       (1) Included items.--In determining the number of fencing 
     miles constructed in the preceding year, the Secretary may 
     apply, toward the requirement under subsection (a), the 
     number of miles of--
       (A) new double-layer fencing that have been completed; and
       (B) a second fencing layer that has been added to an 
     existing, single-layered fence.
       (2) Excluded items.--In determining the number of fencing 
     miles constructed in the preceding year, the Secretary may 
     not apply, toward the requirement in subsection (a)--
       (A) vehicle barriers;
       (B) ground sensors;
       (C) motion detectors;
       (D) radar-based surveillance;
       (E) thermal imaging;
       (F) aerial surveillance platforms;
       (G) observation towers;
       (H) motorized or nonmotorized ground patrols;
       (I) existing single-layer fencing; or
       (J) new construction of single-layer fencing.
       (d) Sunset.--The Secretary shall no longer be required to 
     comply with the requirements under subsection (a) and (b) on 
     the earliest of--
       (1) the date on which the Secretary submits the 5th 
     affirmative certification pursuant to subsection (b); or
       (2) the date on which the Secretary certifies the 
     completion of not fewer than 700 miles of double-layer 
     fencing on the Southern border.
       (e) Conforming Amendment.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended by striking subparagraph (D).

     SEC. 1__8. ONE HUNDRED PERCENT EXIT TRACKING FOR ALL UNITED 
                   STATES VISITORS.

       (a) Findings.--Congress makes the following findings:
       (1) Consistent with the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996, the United States will 
     continue its progress toward full biometric entry-exit 
     capture capability at land, air, and sea points of entry.
       (2) No capability exists to fully track whether non-United 
     States persons in the United States on a temporary basis have 
     exited the country consistent with the terms of their visa, 
     whether by land, sea, or air.
       (3) No program exists along the Southwest border to track 
     land exits from the United States into Mexico.
       (4) Without the ability to capture the full cycle of an 
     alien's trip into and out of the United States, it is 
     possible for persons to remain in the United States 
     unlawfully for years without detection by U.S. Immigration 
     and Customs Enforcement.
       (5) Because there is no exit tracking capability, there is 
     insufficient data for an official assessment of the number of 
     persons who have overstayed a visa and that remain in the 
     United States. Studies have estimated that as many as 40 
     percent of all persons in the United States without lawful 
     immigration status entered the country legally and did not 
     return to their country of origin or follow the terms of 
     their entry.
       (6) Despite a legal mandate to track alien exits, more than 
     a decade without any significant capability to do so has--
       (A) degraded the Federal Government's ability to enforce 
     immigration laws;
       (B) placed a greater strain on law enforcement resources; 
     and
       (C) undermined the legal immigration process in the United 
     States.
       (b) Requirement for Outbound Travel Document Capture at 
     Land Points of Entry.--
       (1) Outbound travel document capture at foot crossings.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall establish a 
     mandatory exit data system for all outbound lanes at each 
     land point of entry along the Southern border that is only 
     accessible to individuals on foot or by nonmotorized means.
       (B) Data collection requirements.--The system established 
     under subparagraph (A) shall require the collection of data 
     from machine-readable visas, passports, and other travel and 
     entry documents for all categories of aliens who are exiting 
     the United States through an outbound lane described in 
     subparagraph (A).
       (2) Outbound travel document capture at all other land 
     points of entry.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall establish a 
     mandatory exit data system at all outbound lanes not subject 
     to paragraph (1) at each land point of entry along the 
     Southern border.
       (B) Data collection requirements.--The system established 
     under subparagraph (A) shall require the collection of data 
     from machine-readable visas, passports, and other travel and 
     entry documents for all categories of aliens who are exiting 
     the United States through an outbound lane described in 
     subparagraph (A).
       (3) Information required for collection.--While collecting 
     information under paragraphs (1) and (2), the Secretary shall 
     collect identity-theft resistant departure information from 
     the machine-readable visas, passports, and other travel and 
     entry documents.
       (4) Recording of exits and correlation to entry data.--The 
     Secretary shall integrate the records collected under 
     paragraphs (1) and (2) into the interoperable data system 
     established under section 3303(b) and any other database 
     necessary to correlate an alien's entry and exit data.
       (5) Processing of records.--Before the departure of 
     outbound aliens at each point of entry, the Secretary shall 
     provide for cross-reference capability between databases 
     designated by the Secretary under paragraph (4) to determine 
     and record whether an outbound alien has been in the United 
     States without lawful immigration status.
       (6) Records inclusion requirements.--The Secretary shall 
     maintain readily accessible entry-exit data records for 
     immigration and other law enforcement and improve immigration 
     control and enforcement by including information necessary to 
     determine whether an outbound alien without lawful presence 
     in the United States entered the country through--
       (A) unauthorized entry between points of entry;
       (B) visa or other temporary authorized status;
       (C) fraudulent travel documents;
       (D) misrepresentation of identity; or
       (E) any other method of entry.
       (7) Prohibition on collecting exit records for united 
     states citizens.--
       (A) Prohibition.--While documenting the departure of 
     outbound individuals at each point of entry along the 
     Southern border, the Secretary may not--
       (i) process travel documents of United States citizens;
       (ii) log, store, or transfer exit data for United States 
     citizens;
       (iii) create, maintain, operate, access, or support any 
     database containing information collected through outbound 
     processing at a point of entry under paragraph (1) or (2) 
     that contains records identifiable to an individual United 
     States citizen.
       (B) Exception.--The prohibition set forth in subparagraph 
     (A) does not apply to the records of an individual if an 
     officer processing travel documentation in the outbound lanes 
     at a point of entry along the Southern border--
       (i) has a strong suspicion that the individual has engaged 
     in criminal or other prohibited activities; or
       (ii) needs to verify an individual's identity because the 
     individual is attempting to exit the United States without 
     travel documentation.
       (C) Verification of travel documents.--Subject to the 
     prohibition set forth in subparagraph (A), the Secretary may 
     provide for the confirmation of a United States citizen's 
     travel documentation validity in the outbound lanes at a 
     point of entry along the Southern border.
       (c) Infrastructure Improvements at Land Points of Entry.--
       (1) Facilitation of land exit tracking.--The Secretary may 
     improve the infrastructure at, or adjacent to, land points of 
     entry, as necessary, to implement the requirements under 
     paragraphs (1) and (2) of subsection (b), by--
       (A) expanding or reconfiguring outbound road or bridge 
     lanes within a point of entry;
       (B) improving or reconfiguring public roads or other 
     transportation infrastructure leading into, or adjacent to, 
     the outbound lanes at a point of entry if--
       (i) there has been a demonstrated negative impact on 
     transportation in the area adjacent to a point of entry as a 
     result of projects carried out under this section; or

[[Page S4223]]

       (ii) the Secretary, in consultation with State, local, or 
     tribal officials responsible for transportation adjacent to a 
     point of entry, has submitted a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that projects proposed under this section 
     will have a significant negative impact on transportation 
     adjacent to a point of entry without such transportation 
     infrastructure improvements; and
       (iii) the total of funds obligated in any year to improve 
     infrastructure outside a point of entry under subsection 
     (c)(1) shall not exceed 25 percent of the total funds 
     obligated to meet the requirements under paragraphs (1) and 
     (2) of subsection (b) in the same year;
       (C) constructing, expanding, or improving access to 
     secondary inspection areas, where feasible;
       (D) physical structures to accommodate inspections and 
     processing travel documents described in subsection (b)(3) 
     for outbound aliens, including booths or kiosks at exit 
     lanes;
       (E) transfer, installation, use, and maintenance of 
     computers, software or other network infrastructure to 
     facilitate capture and processing of travel documents 
     described in subsection (b)(3) for all outbound aliens; and
       (F) performance of outbound inspections outside of 
     secondary inspection areas at a point of entry to detect 
     suspicious activity or contraband.
       (2) Report on infrastructure requirements to carry out 100 
     percent land exit tracking.--Not later than 45 days after the 
     date of the enactment of this Act, the Secretary shall 
     submit, to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives, a report 
     that assesses the infrastructure needs for each point of 
     entry along the Southern border to fulfill the requirements 
     under subsection (b), including--
       (A) a description of anticipated infrastructure needs 
     within each point of entry;
       (B) a description of anticipated infrastructure needs 
     adjacent to each point of entry;
       (C) an assessment of the availability of secondary 
     inspection areas at each point of entry;
       (D) an assessment of space available at or adjacent to a 
     point of entry to perform processing of outbound aliens;
       (E) an assessment of the infrastructure demands relative to 
     the volume of outbound crossings for each point of entry; and
       (F) anticipated wait times for outbound individuals during 
     processing of travel documents at each point of entry, 
     relative to possible improvements at the point of entry.
       (d) Procedures for Exit Processing and Inspection.--
       (1) Individuals subject to outbound secondary inspection.--
     Officers performing outbound inspection or processing travel 
     documents may send an outbound individual to a secondary 
     inspection area for further inspection and processing if the 
     individual is--
       (A) determined or suspected to have been in the United 
     States without lawful status during processing under 
     subsection (b) or at another point during the exit process;
       (B) found to be subject to an outstanding arrest warrant;
       (C) suspected of engaging in prohibited activities at the 
     point of entry;
       (D) traveling without travel documentation; or
       (E) subject to any random outbound inspection procedures, 
     as determined by the Secretary.
       (2) Limitations on outbound secondary inspections.--The 
     Secretary may not designate an outbound United States citizen 
     for secondary inspection or collect biometric information 
     from a United States citizen under outbound inspection 
     procedures unless criminal or other prohibited activity has 
     been detected or is strongly suspected.
       (3) Outbound processing of persons in the united states 
     without lawful presence.--
       (A) Process for recording unlawful presence.--If the 
     Secretary determines, at a point of entry along the Southern 
     border, that an outbound alien has been in the United States 
     without lawful presence, the Secretary shall--
       (i) collect and record biometric data from the individual;
       (ii) combine data related to the individual's unlawful 
     presence with any other information related to the individual 
     in the interoperable database, in accordance with paragraphs 
     (4) and (5) of subsection (b); and
       (iii) except as provided in subparagraph (B), permit the 
     individual to exit the United States.
       (B) Exception.--An individual shall not be permitted to 
     leave the United States if, during outbound inspection, the 
     Secretary detects previous unresolved criminal activity by 
     the individual.

     SEC. 1__9. RULE OF CONSTRUCTION.

       Nothing in this Act, or amendments made by this Act, may be 
     construed as replacing or repealing the requirements for 
     biometric entry-exit capture required under the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208).

     SEC. 1__10. STUDENT VISA NATIONAL SECURITY REGISTRATION 
                   SYSTEM.

       (a) Establishment.--The Secretary shall establish a Student 
     Visa National Security Registration System (referred to in 
     this section as the ``System'').
       (b) Countries Represented.--The System shall include 
     information about each alien in the United States on a 
     student visa from 1 of the following countries:
       (1) Afghanistan.
       (2) Algeria.
       (3) Bahrain.
       (4) Bangladesh.
       (5) Egypt.
       (6) Eritrea.
       (7) Indonesia.
       (8) Iran.
       (9) Iraq.
       (10) Jordan.
       (11) Kuwait.
       (12) Lebanon.
       (13) Libya.
       (14) Morocco.
       (15) Nigeria.
       (16) North Korea.
       (17) Oman.
       (18) Pakistan.
       (19) Qatar.
       (20) Russia.
       (21) Saudi Arabia.
       (22) Somalia.
       (23) Sudan.
       (24) Syria.
       (25) Tunisia.
       (26) United Arab Emirates.
       (27) Yemen.
       (c) Registration.--The Secretary shall notify each alien 
     from 1 of the countries listed under subsection (b) who is 
     seeking a student visa under subparagraph (F) or (J) of 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) that the alien, not later than 30 days 
     after receiving a student visa, shall--
       (1) register with the System, as part of the visa 
     application process; and
       (2) be interviewed and fingerprinted by a Department 
     official.
       (d) Background Check.--The Secretary shall perform a 
     background check on all aliens described in subsection (c) to 
     ensure that such individuals do not present a national 
     security risk to the United States.
       (e) Monitoring.--The Secretary shall establish a procedure 
     for monitoring the status of all alien students in the United 
     States on student visas.
       (f) Reports.--
       (1) Inspector general.--The Secretary shall submit an 
     annual report to Congress that--
       (A) describes the effectiveness with which the Department 
     is screening student visa applicants through the System; and
       (B) indicates whether the System has been implemented in a 
     manner that is overbroad or results in the deportation of 
     individuals with no reasonable link to a national security 
     threat or perceived threat.
       (2) Certification and national security report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to Congress that--
       (i) certifies that the System has been implemented; and
       (ii) describes the specific steps that have been taken to 
     prevent national security failures in screening out 
     terrorists from using student visas to gain entry into the 
     United States.
       (B) Effect of noncompliance.--Beginning on the date that is 
     181 days after the date of the enactment of this Act, the 
     Secretary shall suspend the issuance of visas under 
     subparagraphs (F) and (J) of section 101(a)(15) of the 
     Immigration and Nationality Act until the Secretary has 
     submitted the report described in subparagraph (A).
       (3) Annual report.--The Secretary shall submit an annual 
     report to Congress that contains--
       (A) the number of students screened and registered under 
     the System during the past year, broken down by country of 
     origin; and
       (B) the number of students deported during the past year as 
     a result of information gathered during the interviews and 
     background checks conducted pursuant to subsections (c)(2) 
     and (d), broken down by country of origin.

     SEC. 1__11. ASYLUM AND REFUGEE REFORM.

       (a) Registration.--The Secretary shall notify each alien 
     who is admitted as a refugee under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157) or granted 
     asylum under section 208 of such Act (8 U.S.C. 1158) that the 
     alien, not later than 30 days after being admitted as a 
     refugee or granted asylum--
       (1) shall register with the Department as part of 
     application process; and
       (2) shall be interviewed and fingerprinted by an official 
     of the Department.
       (b) Background Check.--The Secretary shall screen and 
     perform a background check on all individuals seeking asylum 
     or refugee status under section 207 or 208 of the Immigration 
     and Nationality Act to ensure that such individuals do not 
     present a national security risk to the United States.
       (c) Monitoring.--The Secretary shall monitor individuals 
     granted asylum or admitted as refugees for indications of 
     terrorism.
       (d) Reports.--
       (1) Secretary of homeland security.--The Secretary shall 
     submit an annual report to Congress that--
       (A) describes the effectiveness with which the Department 
     is screening applicants for asylum and refugee status; and
       (B) indicates whether the System has been implemented in a 
     manner that is overbroad or results in the deportation of 
     individuals

[[Page S4224]]

     with no reasonable link to a national security threat or 
     perceived threat.
       (2) Certification and national security report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to Congress that--
       (i) certifies that the requirements described in 
     subsections (a) through (c) have been implemented; and
       (ii) describes the specific steps that have been taken to 
     prevent national security failures in screening out 
     terrorists from using asylum and refugee status to gain entry 
     into the United States.
       (B) Effect of noncompliance.--Beginning on the date that is 
     181 days after the date of the enactment of this Act, the 
     Secretary shall suspend the granting of asylum and refugee 
     status under sections 207 and 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1157 and 1158) until the Secretary 
     has submitted the report described in subparagraph (A).
       (3) Annual report.--The Secretary shall submit an annual 
     report to Congress that contains--
       (A) the number of aliens seeking asylum or refugee status 
     who were screened and registered during the past year, broken 
     down by country of origin; and
       (B) the number of aliens seeking asylum or refugee status 
     who were deported as a result of information gathered during 
     interviews and background checks under subsections (a)(2) and 
     (b), broken down by country of origin.

     SEC. 1__12. RESOLUTION OF PUBLIC LAND USE DISPUTES IMPEDING 
                   BORDER SECURITY AND ENFORCEMENT.

       (a) Prohibition.--The Secretary of Interior and the 
     Secretary of Agriculture may not impede, prohibit, restrict, 
     or delay activities of the Secretary on land under the 
     jurisdiction of the Secretary of the Interior or the 
     Secretary of Agriculture to achieve total operational control 
     of the Southern border.
       (b) Authorized Activities.--The Secretary shall be granted 
     immediate access to land under the jurisdiction of the 
     Secretary of Interior or the Secretary of Agriculture for 
     purposes of conducting the following activities on such land 
     in accordance with the requirements under this Act:
       (1) Installing and using ground and motion sensors.
       (2) Installing and using of surveillance equipment, 
     including--
       (A) video or other recording devices;
       (B) radar and infrared technology; and
       (C) infrastructure to enhance border enforcement line-of-
     sight.
       (3) Using aircraft and securing landing rights, where 
     appropriate, as determined by the Secretary.
       (4) Using motorized vehicles to conduct routine patrols and 
     pursuits as required, including trucks and all-terrain 
     vehicles.
       (5) Accessing roads.
       (6) Constructing and maintaining roads.
       (7) Constructing and maintaining fences or other physical 
     barriers.
       (8) Constructing and maintaining communications 
     infrastructure.
       (9) Constructing and maintaining operations centers.
       (10) Setting up any other temporary tactical 
     infrastructure.
       (c) Clarification of Waiver Authority.--
       (1) In general.--Notwithstanding any other provision of law 
     (including any termination date relating to the waivers 
     referred to in this subsection), the waiver by the Secretary 
     on April 1, 2008, pursuant to section 102(c)(1) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
     described in paragraph (2) with respect to certain sections 
     of the Southern border shall be considered to apply to all 
     land under the jurisdiction of the Secretary of Interior or 
     the Secretary of Agriculture that is located within 100 miles 
     of the Southern border for all activities of the Secretary 
     described in subsection (b).
       (2) Description of laws subject to waived.--The laws 
     referred to in paragraph (1) are--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (D) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (F) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (G) the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.);
       (H) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (I) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.);
       (J) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (K) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (L) Public Law 86-523 (16 U.S.C. 469 et seq.);
       (M) the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     (commonly known as the ``Antiquities Act of 1906'') ;
       (N) the Act of August 21, 1935 (16 U.S.C. 461 et seq.);
       (O) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (P) the Farmland Protection Policy Act (7 U.S.C. 4201 et 
     seq.);
       (Q) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.);
       (R) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (S) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (T) the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.);
       (U) the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.);
       (V) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (W) subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'');
       (X) the Otay Mountain Wilderness Act of 1999 (Public Law 
     106-145, 113 Stat. 1711);
       (Y) sections 102(29) and 103 of California Desert 
     Protection Act of 1994 (16 U.S.C. 410aaa et seq.);
       (Z) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.);
       (AA) Public Law 91-383 (16 U.S.C. 1a-1 et seq.);
       (BB) sections 401(7), 403, and 404 of the National Parks 
     and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
     3467);
       (CC) the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
     1132 note; Public Law 101-628);
       (DD) section 10 of the Act of March 3, 1899 (33 U.S.C. 
     403);
       (EE) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) 
     (commonly known as the ``Bald Eagle Protection Act of 
     1940)'';
       (FF) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.);
       (GG) Public Law 95-341 (42 U.S.C. 1996);
       (HH) Public Law 103-141 (42 U.S.C. 2000bb et seq.);
       (II) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (JJ) the Multiple-Use Sustained-Yield Act of 1960 (16 
     U.S.C. 528 et seq.);
       (KK) the Mineral Leasing Act (30 U.S.C. 181, et seq.);
       (LL) the Materials Act of 1947 (30 U.S.C. 601 et seq.); and
       (MM) the General Mining Act of 1872 (30 U.S.C. 22 note).
       (d) Notification Requirements.--The Secretary shall submit 
     a monthly report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that--
       (1) describes any public land use dispute raised by another 
     Federal agency;
       (2) describes any other land conflict subject to subsection 
     (a) relating to border security operations on public lands; 
     and
       (3) explains whether the waiver authority under subsection 
     (c) was exercised in regards to such dispute or conflict.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to authorize--
       (1) the restriction of legal land uses, including hunting, 
     grazing, and mining; or
       (2) additional restriction on legal access to such land.

     SEC. 1__13. SAVINGS AND OFFSETS.

       (a) Use of Funds.--The Secretary may use amounts from the 
     Comprehensive Immigration Reform Trust Fund made available 
     under subparagraphs (A)(ii) and (D) of section 6(a)(3)--
       (1) to fulfill the requirement under section 1__8 for 100 
     percent exit tracking of outbound aliens at land points of 
     entry;
       (2) to establish and maintain the Student Visa National 
     Security Registration System described in section 1__10; and
       (3) to reform the processing of applications for asylum and 
     refugee status pursuant to section 1__11.
       (b) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), no 
     funds may be obligated or expended for the construction of a 
     new headquarters for the Department.
       (2) Exception.--The prohibition under paragraph (1) shall 
     not apply if the Secretary certifies to Congress that--
       (A) total operational control of the Southern border has 
     been achieved;
       (B) 100 percent exit tracking for all United States 
     visitors at air, sea, and land points of entry has been 
     achieved;
       (C) the Student Visa National Security Visa Registration 
     System is fully operational; and
       (D) reforms to asylum and refugee processing set forth in 
     section 1__11 have been fully implemented.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000,000 to carry out paragraphs (1) 
     through (3) of subsection (a).
       (d) Rescission of Certain Unobligated Funds.--From 
     discretionary funds appropriated to the Department, but not 
     obligated as of the date of the enactment of this Act, 
     $1,000,000,000 is hereby rescinded.

     SEC. 1__14. IMMIGRATION LAW ENHANCEMENTS.

       (a) Transition of Executive Office for Immigration 
     Review.--
       (1) Establishment of court of immigration review.--Title 
     28, United States Code, is amended by inserting after chapter 
     7 the following:

                ``CHAPTER 9--COURT OF IMMIGRATION REVIEW

     ``Sec. 211. Establishment and appointment of judges

       ``(a) Establishment.--There is established, under article I 
     of the Constitution of the

[[Page S4225]]

     United States, a court of record, which shall be known as the 
     United States Court of Immigration Review.
       ``(b) Jurisdiction.--The Court of Immigration Review shall 
     have original, but not exclusive, jurisdiction over all civil 
     proceedings arising under the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.) and is authorized to implement orders 
     issued by the Court, in cooperation with the Department of 
     Justice.
       ``(c) Appointment of Judges.--The President shall appoint, 
     by and with the advice and consent of the Senate, such judges 
     as may be necessary to carry out the duties of the Court of 
     Immigration Review.

     ``Sec. 212. Tenure and salaries of judges

       ``(a) Tenure.--Each judge of the United States Court of 
     Immigration Review shall be appointed for a term of 10 years.
       ``(b) Salary.--Each judge shall receive a salary at an 
     annual rate determined in accordance with section 225 of the 
     Federal Salary Act of 1967 (2 U.S.C. 351 et seq.), as 
     adjusted by section 461 of this title.

     ``Sec. 213. Times and places of holding court

       ``The United States Court of Immigration Review may hold 
     court at such times and such places as it may fix by rule of 
     court.''.
       (2) Conforming amendment to homeland security act of 
     2002.--Subtitle A of title XI of the Homeland Security Act of 
     2002 (6 U.S.C. 521 et seq.) is amended--
       (A) by striking the subtitle heading and inserting the 
     following:

     ``Subtitle A--United States Court of Immigration Review''; and

       (B) by amending section 1101 (6 U.S.C. 521) to read as 
     follows:

     ``SEC. 1101. RESPONSIBILITIES OF UNITED STATES COURT OF 
                   IMMIGRATION REVIEW.

       ``The United States Court of Immigration Review, 
     established under chapter 9 of title 28, United States Code, 
     shall be responsible for interpreting and administering 
     Federal immigration laws by conducting immigration court 
     proceedings and appellate reviews of such proceedings, in 
     cooperation with the Department of Justice.''.
       (3) Conforming amendments to immigration and nationality 
     act.--Section 103 (8 U.S.C. 1103) is amended--
       (A) in subsection (a)--
       (i) by striking ``He'' each place it appears and inserting 
     ``The Secretary'';
       (ii) by striking ``the Service'' each place it appears and 
     inserting ``the Department of Homeland Security'';
       (B) in subsection (c)--
       (i) by striking ``The Commissioner shall'' and inserting 
     ``The Director, U.S. Citizenship and Immigration Services, 
     shall'';
       (ii) by striking ``He'' and inserting ``The Director'';
       (iii) by striking ``the Service'' each place it appears and 
     inserting ``U.S. Citizenship and Immigration Services''; and
       (iv) by striking ``The Commissioner may'' and inserting 
     ``The Director may'';
       (C) in subsections (d) and (e), by striking ``The 
     Commissioner'' and inserting ``The Director, U.S. Citizenship 
     and Immigration Services'';
       (D) in subsection (e), by striking ``the Service'' and 
     inserting ``U.S. Citizenship and Immigration Services''; and
       (E) in subsection (g), by amending paragraph (1) to read as 
     follows:
       ``(1) In general.--The Attorney General shall assist the 
     Secretary of Homeland Security in enforcing the provisions of 
     this Act, in cooperation with the United States Court of 
     Immigration Review, established under chapter 9 of title 28, 
     United States Code.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the immigration judges serving in the Executive Office for 
     Immigration Review on the day before the date of the 
     enactment of this Act, absent misconduct or other compelling 
     circumstances, should be--
       (1) appointed by the President to serve on the United 
     States Court of Immigration Review, established under chapter 
     29 of title 28, United States Code; and
       (2) confirmed by the Senate as soon as practicable, but in 
     no case later than 1 year after such date of enactment.
       (c) Continuity Provision.--All officers and employees of 
     the Executive Office for Immigration Review on the day before 
     the date of the enactment of this Act, absent misconduct or 
     other compelling circumstances, shall remain in their 
     respective positions during the Office's transition to the 
     United States Court of Immigration Review.
       (d) Ending of Capture and Release.--The Secretary may not 
     release any individual arrested by the Department for the 
     violation of any immigration law before the individual is 
     duly tried by the United States Court of Immigration Review 
     unless the Secretary determines that such arrests were made 
     in error. Individuals arrested or detained by the Department 
     have the right to an expedited proceeding to ensure that they 
     are not detained without a hearing for an excessive period of 
     time.

     SEC. 1__15. PROTECTING THE PRIVACY OF AMERICAN CITIZENS.

       (a) In General.--Nothing in this Act, the amendments made 
     by this Act, or any other provision of law may be construed 
     as authorizing, directly or indirectly, the issuance, use, or 
     establishment of a national identification card or system.
       (b) Limitations on Identification of United States 
     Citizens.--
       (1) Biometric information.--United States citizens shall 
     not be subject to any Federal or State law, mandate, or 
     requirement that they provide photographs or biometric 
     information without prior cause.
       (2) Photo tool.--As used in this Act, the term ``Photo 
     Tool'' may not be construed to allow the Federal Government 
     to require United States citizens to provide a photograph to 
     the Federal Government, other than photographs for Federal 
     employment identification documents and United States 
     passports.
       (3) Biometric social security cards.--Notwithstanding 
     section 3102, any other provision of this Act, the amendments 
     made by this Act, or any other provision of law, the Federal 
     Government may not require United States citizens to carry, 
     or to be issued, a biometric social security card.
       (4) Citizen registry.--Notwithstanding any provision of 
     this Act, the amendments made by this Act, or any other law, 
     the Federal Government is not authorized to create a de facto 
     national registry of citizens.
       (c) Identification of Noncitizens.--The Federal Government 
     is authorized to require noncitizens, for identification 
     purposes, to provide biometric identification, including 
     fingerprints, DNA, and Iris scans, and nonbiometric 
     information, including photographs.

     SEC. 1__16. NUMERICAL LIMITATION ON REGISTERED PROVISIONAL 
                   IMMIGRANTS.

       Notwithstanding any other provision of law, the Secretary 
     may not grant registered provisional immigrant status under 
     section 245B of the Immigration and Nationality Act, as added 
     by section 2101 of this Act, to more than 2,000,000 
     applicants for such status in any calendar year.
                                 ______
                                 
  SA 1201. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 858, between lines 10 and 11, insert the following:
       (3) US-VISIT system.--Notwithstanding any other provision 
     of this Act, any program that authorizes granting temporary 
     legal status to individuals who are unlawfully present in the 
     United States or adjusting the status of such individuals to 
     that of aliens lawfully admitted for permanent residence may 
     not be implemented until the Secretary submits written 
     certification to the President and Congress that 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 by December 21, 2005, has been 
     fully implemented and is functioning at every land, sea, and 
     air port of entry.
                                 ______
                                 
  SA 1202. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. ENSURING REGISTERED PROVISIONAL IMMIGRANTS, 
                   REFUGEES, ASYLEES, AND OTHER ALIENS ARE NOT 
                   DEPENDENT ON WELFARE.

       (a) Short Title of Section.--This section may be cited as 
     the ``Secure the Treasury Act''.
       (b) No Tax Windfall for Registered Provisional 
     Immigrants.--Notwithstanding any other provision of law, with 
     respect to taxable years beginning after December 31, 2013, a 
     noncitizen granted registered provisional immigrant status 
     under section 245B of the Immigration and Nationality Act (as 
     added by this Act) and a registered provisional immigrant 
     whose status is adjusted to that of an alien lawfully 
     admitted for permanent residence under section 245C of the 
     Immigration and Nationality Act (as added by this Act) shall 
     not be allowed to claim the earned income tax credit allowed 
     under section 32 of the Internal Revenue Code of 1986, or any 
     other credit allowed by subpart C of part IV of subchapter A 
     of chapter 1 of the Internal Revenue Code of 1986 (other than 
     the credit allowed under section 31 of such Code (relating to 
     overpayment of taxes)).
       (c) No Access to Welfare.--Notwithstanding any other 
     provision of law, with respect to years beginning after 
     December 31, 2013, a noncitizen granted registered 
     provisional immigrant status under section 245B of the 
     Immigration and Nationality Act (as added by this Act) and a 
     registered provisional immigrant whose status is adjusted to 
     that of an alien lawfully admitted for permanent residence 
     under section 245C of the Immigration and Nationality Act (as 
     added by this Act) shall not be eligible for any of the 
     following assistance or benefits:
       (1) Any assistance or benefits provided under a State 
     program funded under the temporary assistance for needy 
     families program under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.).
       (2) Any medical assistance provided under a State Medicaid 
     plan under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.) or under a waiver of such plan, other than 
     emergency medical assistance provided under paragraphs (2) 
     and (3) of section 1903(v), and any child health assistance 
     provided under a State child health plan under title XXI of 
     the Social Security Act (42 U.S.C. 1397aa et seq.) or under a 
     waiver of such plan.

[[Page S4226]]

       (3) Any benefits or assistance provided under the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (4) Supplemental security income benefits provided under 
     title XVI of the Social Security Act (42 U.S.C. 1381).
       (5) Federal Pell Grants under section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a).
       (6) Housing vouchers under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f).
       (7) Federal old-age, survivors, and disability insurance 
     benefits under title II of the Social Security Act (42 U.S.C. 
     401 et seq.).
       (8) Health insurance benefits for the aged and disabled 
     under the medicare program established under title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.).
       (9) Assistance or benefits provided under the program of 
     block grants to States for social services under subtitle A 
     of title XX of the Social Security Act (42 U.S.C. 1397 et 
     seq.).
       (d) No Welfare for Refugees or Asylees After 1 Year of Date 
     of Admission.--Notwithstanding any other provision of law, an 
     alien admitted to the United States as a refugee under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) or granted asylum under section 208 of such Act (8 
     U.S.C. 1158) shall not be eligible for any assistance or 
     benefits described in paragraphs (1) through (8) of 
     subsection (c), and shall not be allowed the earned income 
     tax credit under section 32 of the Internal Revenue Code of 
     1986, after the date that is 1 year after the date on which 
     the alien is admitted to the United States under section 207 
     of the Immigration and Nationality Act (8 U.S.C. 1157) or 
     granted asylum under section 208 of such Act (8 U.S.C. 1158).
       (e) No Citizenship for Aliens Who Apply for and Receive 
     Welfare.--Any alien, including any registered provisional 
     immigrant, alien granted blue card status, refugee, asylee, 
     or nonimmigrant admitted to the United States under a 
     permanent or temporary visa, who is prohibited under this 
     section, another provision of this Act, an amendment made by 
     this Act, or any other provision of law, from applying for, 
     or receiving, assistance or benefits described in subsection 
     (c) or from claiming the earned income tax credit allowed 
     under section 32 of the Internal Revenue Code of 1986, or any 
     other credit allowed by subpart C of part IV of subchapter A 
     of chapter 1 of the Internal Revenue Code of 1986, and who 
     applies for and receives any such assistance or benefits, or 
     who claims and is allowed any such credit, shall be 
     permanently prohibited from becoming naturalized as a citizen 
     of the United States.
       (f) Enforcement.--
       (1) Requirement.--Each State shall implement the 
     verification procedures listed in paragraph (5) to prevent 
     non-citizens from receiving the assistance or benefits 
     described in subsection (c) and from being allowed the earned 
     income tax credit under section 32 of the Internal Revenue 
     Code of 1986. To the extent that the State is not responsible 
     for the administration of such assistance, benefits, or tax 
     credit, the procedures implemented by the State shall be 
     designed to assist the head of the Federal agency responsible 
     for administering such assistance, benefits, or tax credit in 
     ensuring that non-citizens do not receive the assistance, 
     benefits, or tax credit.
       (2) Penalty.--Notwithstanding any other provision of law, 
     with respect to a State, each head of the Federal agency 
     responsible for administering a Federal means-tested benefit 
     program listed in paragraph (4) shall reduce the annual 
     amount of federal financial payments that would otherwise be 
     made to the State under the program by 10 percent, beginning 
     with the payments for fiscal year 2015. The reduction under 
     the preceding sentence shall not apply with respect to any 
     fiscal year that begins after the date on which the State 
     certifies to the Secretary of the Homeland Security that the 
     State has complied with paragraph (1).
       (3) State defined.--In this subsection, the term ``State'' 
     means each of the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       (4) Federal means-tested benefit programs.--The Federal 
     means-tested benefit programs listed in this paragraph are 
     the following:
       (A) The temporary assistance for needy families program 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.).
       (B) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       (C) The State children's health insurance program under 
     title XXI of the Social Security Act (42 U.S.C. 1397aa et 
     seq.).
       (D) The supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.).
       (E) The program of block grants to States for social 
     services under subtitle A of title XX of the Social Security 
     Act (42 U.S.C. 1397 et seq.).
       (5) Verification procedures.--The verification procedures 
     listed in this paragraph are the following:
       (A) Requiring proof of citizenship as a condition for 
     receipt of assistance or benefits under the Federal means-
     tested benefit programs listed in paragraph (4).
       (B) Verifying the proof of citizenship provided as a 
     condition for receipt of assistance or benefits under the 
     Federal means-tested benefit programs listed in paragraph 
     (4),including by using the Systematic Alien Verification for 
     Entitlements Program of the United States Citizenship and 
     Immigration Services to confirm that an individual who has 
     presented proof of citizenship as a condition for receipt of 
     assistance or benefits under a Federal means-tested benefit 
     program listed in paragraph (4) is not an alien.
       (C) Requiring officers and employees of State agencies that 
     administer a Federal means-tested benefit program listed in 
     paragraph (4) to report to the Secretary of Homeland Security 
     any suspicious or fraudulent identity information provided by 
     an individual applying for assistance or benefits.
       (6) Miscellaneous provisions.--
       (A) Nonapplication of the privacy act.--Notwithstanding any 
     other provision of law, section 552a of title 5, United 
     States Code (commonly referred to as the Privacy Act) shall 
     not be construed as prohibiting an officer or employee of a 
     State from verifying a claim of citizenship for purposes of 
     eligibility for assistance or benefits under a Federal means-
     tested benefit program listed in paragraph (4).
       (B) Inclusion of registered provisional immigrant status in 
     save.--Not later than 30 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall modify the 
     Systematic Alien Verification for Entitlements Program of the 
     United States Citizenship and Immigration Services to add the 
     registered provisional immigrant status as an alien category 
     that is ineligible for any Federal means-tested benefit 
     program listed in paragraph (4).
                                 ______
                                 
  SA 1203. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 672, between lines 12 and 13, insert the following:

     SEC. 3720. DETENTION OF DANGEROUS ALIENS.

       (a) Short Title.--This section may be cited as the ``Keep 
     Our Communities Safe Act of 2013''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) this section should ensure that Constitutional rights 
     are upheld and protected;
       (2) it is the intention of the Congress to uphold the 
     Constitutional principles of due process; and
       (3) due process of the law is a right afforded to everyone 
     in the United States.
       (c) Detention of Aliens During Removal Proceedings.--
       (1) Clerical amendment.--Section 236 (8 U.S.C. 1226) is 
     amended--
       (A) by striking ``Attorney General'' each place it appears 
     (except in the second place it appears in subsection (a)) and 
     inserting ``Secretary of Homeland Security'';
       (B) in subsection (a), by inserting ``the Secretary of 
     Homeland Security or'' before ``the Attorney General--''; and
       (C) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''.
       (2) Length of detention.--Section 236 (8 U.S.C. 1226) is 
     amended by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) Notwithstanding any other provision of this section, 
     an alien may be detained under this section for any period, 
     without limitation, except as provided in subsection (h), 
     until the alien is subject to a final order of removal.
       ``(2) The length of detention under this section shall not 
     affect detention under section 241 of this Act.''.
       (3) Detention of criminal aliens.--Section 236(c)(1) (8 
     U.S.C. 1226(c)(1)) is amended, by striking the undesignated 
     matter following subparagraph (D) and inserting the 
     following:

     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.''.
       (4) Administrative review.--Section 236 (8 U.S.C. 1226) is 
     amended by adding at the end the following:
       ``(g) Administrative Review.--
       ``(1) The Attorney General's review of the Secretary's 
     custody determinations under section 236(a) shall be limited 
     to whether the alien may be detained, released on bond (of at 
     least $1,500 with security approved by the Secretary), or 
     released with no bond.
       ``(2) The Attorney General's review of the Secretary's 
     custody determinations for the following classes of aliens:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in sections 212(a)(3) and 237(a)(4).
       ``(C) Aliens described in section 236(c).

[[Page S4227]]

       ``(D) Aliens in deportation proceedings subject to section 
     242(a)(2) of the Act (as in effect prior to April 1, 1997, 
     and as amended by section 440(c) of Public Law 104-132); is 
     limited to a determination of whether the alien is properly 
     included in such category.
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
       (5) Clerical amendments.--Section 236 (8 U.S.C. 1226) is 
     amended--
       (A) in subsection (a)(2)(B), by striking ``conditional 
     parole'' and inserting ``recognizance''; and
       (B) in subsection (b), by striking ``parole'' and inserting 
     ``recognizance''.
       (d) Aliens Ordered Removed.--Section 241(a) (8 U.S.C. 
     1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first place it appears in paragraph (4)(B)(i), 
     and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of--
       ``(i) the date on which the order of removal becomes 
     administratively final;
       ``(ii) the date on which the alien is taken into such 
     custody if the alien is not in the custody of the Secretary 
     on the date on which the order of removal becomes 
     administratively final; and
       ``(iii) the date on which the alien is taken into the 
     custody of the Secretary after the alien is released from 
     detention or confinement if the alien is detained or confined 
     (except for an immigration process) on the date on which the 
     order of removal becomes administratively final.
       ``(C) Suspension of period.--
       ``(i) Extension.--The removal period shall be extended 
     beyond a period of 90 days and the Secretary may, in the 
     Secretary's sole discretion, keep the alien in detention 
     during such extended period if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal that is subject to an 
     order of removal;
       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to an immigration judge or the Board of Immigration 
     Appeals, during the time period when the case is pending a 
     decision on remand (with the removal period beginning anew on 
     the date that the alien is ordered removed on remand).

       ``(ii) Renewal.--If the removal period has been extended 
     under clause (i), a new removal period shall be deemed to 
     have begun on the date on which--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in subparagraphs (A) 
     through (D) of section 236(c)(1) in detention during the 
     extended period described in clause (i).
       ``(iv) Sole form of relief.--An alien may only seek relief 
     from detention under this subparagraph by filing an 
     application for a writ of habeas corpus in accordance with 
     chapter 153 of title 28, United States Code. No alien whose 
     period of detention is extended under this subparagraph shall 
     have the right to seek release on bond.'';
       (3) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or is not detained pursuant to paragraph (6)'' after ``the 
     removal period''; and
       (B) by amending subparagraph (D) to read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities that the Secretary prescribes for the 
     alien, in order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``subparagraph (B)''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens 
     established.--For an alien who is not otherwise subject to 
     mandatory detention, who has made all reasonable efforts to 
     comply with a removal order and to cooperate fully with the 
     Secretary of Homeland Security's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure, and who has not 
     conspired or acted to prevent removal, the Secretary shall 
     establish an administrative review process to determine 
     whether the alien should be detained or released on 
     conditions. The Secretary shall make a determination whether 
     to release an alien after the removal period in accordance 
     with subparagraph (B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Secretary of State 
     or other Federal official and any other information available 
     to the Secretary of Homeland Security pertaining to the 
     ability to remove the alien.
       ``(B) Authority to detain beyond removal period.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's sole discretion, may continue 
     to detain an alien for 90 days beyond the removal period 
     (including any extension of the removal period under 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall have no right to seek release on 
     bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the exercise of the Secretary's sole discretion, 
     may continue to detain an alien beyond the 90 days authorized 
     under clause (i)--

       ``(I) until the alien is removed, if the Secretary, in the 
     Secretary's sole discretion, determines that there is a 
     significant likelihood that the alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts to 
     prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and
       ``(AA) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)(A)) or of 1 or 
     more crimes identified by the Secretary of Homeland Security 
     by regulation, or of 1 or more attempts or conspiracies to 
     commit any such aggravated felonies or such identified 
     crimes, if the aggregate term of imprisonment for such 
     attempts or conspiracies is at least 5 years; or
       ``(BB) the alien has committed 1 or more crimes of violence 
     (as defined in section 16 of title 18, United States Code, 
     but not including a purely political offense) and, because of 
     a mental condition or personality disorder and behavior 
     associated with that condition or disorder, the alien is 
     likely to engage in acts of violence in the future; or

       ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security has initiated the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall have no right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.

[[Page S4228]]

       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided under paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). This section shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.
       (e) Severability.--If any of the provisions of this 
     section, any amendment made by this section, or the 
     application of any such provision to any person or 
     circumstance, is held to be invalid for any reason, the 
     remainder of this section, the amendments made by this 
     section, and the application of the provisions and amendments 
     made by this section to any other person or circumstance 
     shall not be affected by such holding.
       (f) Effective Dates.--
       (1) Apprehension and detention of aliens.--The amendments 
     made by subsection (c) shall take effect on the date of the 
     enactment of this Act. Section 236 of the Immigration and 
     Nationality Act, as amended by subsection (c), shall apply to 
     any alien in detention under provisions of such section on or 
     after such date of enactment.
       (2) Aliens ordered removed.--The amendments made by 
     subsection (d) shall take effect on the date of the enactment 
     of this Act. Section 241 of the Immigration and Nationality 
     Act, as amended by subsection (d), shall apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date of enactment.
                                 ______
                                 
  SA 1204. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1300, between lines 11 and 12, insert the 
     following:

                   CHAPTER 5--ENGLISH LANGUAGE UNITY

     SEC. 2561. SHORT TITLE.

       This chapter may be cited as the ``English Language Unity 
     Act of 2013''.

     SEC. 2562. FINDINGS.

       Congress finds and declares the following:
       (1) The United States is comprised of individuals from 
     diverse ethnic, cultural, and linguistic backgrounds, and 
     continues to benefit from this rich diversity.
       (2) Throughout the history of the United States, the common 
     thread binding individuals of differing backgrounds has been 
     the English language.
       (3) Among the powers reserved to the States respectively is 
     the power to establish the English language as the official 
     language of the respective States, and otherwise to promote 
     the English language within the respective States, subject to 
     the prohibitions enumerated in the Constitution of the United 
     States and in laws of the respective States.

     SEC. 2563. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.

       (a) In General.--Title 4, United States Code, is amended by 
     adding at the end the following:

                     ``CHAPTER 6--OFFICIAL LANGUAGE

     ``Sec. 161. Official language of the United States

       ``The official language of the United States is English.

     ``Sec. 162. Preserving and enhancing the role of the official 
       language

       ``Representatives of the Federal Government shall have an 
     affirmative obligation to preserve and enhance the role of 
     English as the official language of the Federal Government. 
     Such obligation shall include encouraging greater 
     opportunities for individuals to learn the English language.

     ``Sec. 163. Official functions of Government to be conducted 
       in English

       ``(a) Official Functions.--The official functions of the 
     Government of the United States shall be conducted in 
     English.
       ``(b) Scope.--For the purposes of this section--
       ``(1) the term `United States' means the several States and 
     the District of Columbia; and
       ``(2) the term `official' refers to any function that--
       ``(A) binds the Government;
       ``(B) is required by law; or
       ``(C) is otherwise subject to scrutiny by either the press 
     or the public.
       ``(c) Practical Effect.--This section shall apply to all 
     laws, public proceedings, regulations, publications, orders, 
     actions, programs, and policies, but does not apply to--
       ``(1) teaching of languages;
       ``(2) requirements under the Individuals with Disabilities 
     Education Act;
       ``(3) actions, documents, or policies necessary for 
     national security, international relations, trade, tourism, 
     or commerce;
       ``(4) actions or documents that protect the public health 
     and safety;
       ``(5) actions or documents that facilitate the activities 
     of the Bureau of the Census in compiling any census of 
     population;
       ``(6) actions that protect the rights of victims of crimes 
     or criminal defendants; or
       ``(7) using terms of art or phrases from languages other 
     than English.

     ``Sec. 164. Uniform English language rule for naturalization

       ``(a) Uniform Language Testing Standard.--All citizens 
     should be able to read and understand generally the English 
     language text of the Declaration of Independence, the 
     Constitution, and the laws of the United States made in 
     pursuance of the Constitution.
       ``(b) Ceremonies.--All naturalization ceremonies shall be 
     conducted in English.

     ``Sec. 165. Rules of construction

       ``Nothing in this chapter shall be construed--
       ``(1) to prohibit a Member of Congress or any officer or 
     agent of the Federal Government, while performing official 
     functions, from communicating unofficially through any medium 
     with another person in a language other than English (as long 
     as official functions are performed in English);
       ``(2) to limit the preservation or use of Native Alaskan or 
     Native American languages (as defined in the Native American 
     Languages Act);
       ``(3) to disparage any language or to discourage any person 
     from learning or using a language; or
       ``(4) to be inconsistent with the Constitution of the 
     United States.

     ``Sec. 166. Standing

       ``A person injured by a violation of this chapter may in a 
     civil action (including an action under chapter 151 of title 
     28) obtain appropriate relief.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 4, United States Code, is amended by 
     inserting after the item relating to chapter 5 the following 
     new item:

                   ``Chapter 6. Official Language''.

     SEC. 2564. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE 
                   TEXTS OF THE LAWS OF THE UNITED STATES.

       (a) In General.--Chapter 1 of title 1, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 8. General rules of construction for laws of the 
       United States

       ``(a) English language requirements and workplace policies, 
     whether in the public or private sector, shall be 
     presumptively consistent with the Laws of the United States.
       ``(b) Any ambiguity in the English language text of the 
     Laws of the United States shall be resolved, in accordance 
     with the last two articles of the Bill of Rights, not to deny 
     or disparage rights retained by the people, and to reserve 
     powers to the States respectively, or to the people.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of title 1, is amended by inserting 
     after the item relating to section 7 the following new item:

``8. General Rules of Construction for Laws of the United States.''.

     SEC. 2565. IMPLEMENTING REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall issue, for public notice and 
     comment, a proposed rule for uniform testing English language 
     ability of candidates for naturalization, based upon the 
     principles that--
       (1) all citizens should be able to read and understand 
     generally the English language text of the Declaration of 
     Independence, the United States Constitution, and the laws of 
     the United States which are made pursuant to such documents; 
     and
       (2) any exceptions to this standard should be limited to 
     extraordinary circumstances, such as asylum.

     SEC. 2566. EFFECTIVE DATE.

       The amendments made by sections 2563 and 2564 shall take 
     effect on the date that is 180 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1205. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT OF ENGLISH LANGUAGE PERMISSIBLE.

       (a) Findings.--Congress finds that--
       (1) throughout the history of the United States, English 
     has been the common thread to unify the American people much 
     as they are united under one flag;

[[Page S4229]]

       (2) Americans overwhelmingly believe that it is very 
     important for people living in the United States to speak and 
     understand English;
       (3) there is vast support among the American people to 
     allow a company the freedom to implement English in the 
     workplace policies; and
       (4) when a group of employees speaks a language other than 
     English in the workplace, it may cause misunderstandings, 
     create dangerous circumstances, and undermine morale.
       (b) Requirement of English Language Permissible.--Section 
     703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is 
     amended by adding at the end the following:
       ``(o) Notwithstanding any other provision of this title, it 
     shall not be an unlawful employment practice for an employer 
     to require employees to speak English while engaged in 
     work.''.
                                 ______
                                 
  SA 1206. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. MULTILINGUAL SERVICES.

       (a) Multilingual Services Accounting Information 
     Requirement.--
       (1) Multilingual services accounting information.--Chapter 
     9 of title 31, United States Code, is amended--
       (A) in section 902(a)(6)--
       (i) by striking ``and'' at the end of subparagraph (D);
       (ii) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (iii) by inserting after subparagraph (D) the following:
       ``(E) effective for each fiscal year beginning on or after 
     October 1, 2013, the multilingual services accounting 
     information of the agency for such fiscal year, in accordance 
     with the guidance issued under section 3517 of this title and 
     the procedures of OMB Circular No. A-11, part 6 (as in effect 
     on the date of enactment of this subparagraph) and OMB 
     Circular No. A-136 (as in effect on the date of enactment of 
     this subparagraph); and''; and
       (B) by adding at the end the following:

     ``Sec. 904. Definitions.

       ``In this chapter--
       ``(1) the term `multilingual services' includes--
       ``(A) the services provided by interpreters hired by an 
     agency;
       ``(B) the services provided by an agency associated with 
     assisting agency employees or contractors learn a language 
     other than English that result in additional expenses, wages, 
     or salaries, or changes to expenses, wages, or salaries, for 
     the agency or agency employees or contractors;
       ``(C) agency preparation, translation, printing, or 
     recordation of documents, records, Web sites, brochures, 
     pamphlets, flyers, or other materials in a language other 
     than English;
       ``(D) the services provided or performed for the Federal 
     Government by agency employees or contractors that require 
     speaking a language other than English that result in wage 
     differentials or benefits provided by the agency; and
       ``(E) any other services provided or performed by an agency 
     which utilize languages other than English and that incur 
     additional costs to the agency; and
       ``(2) the term `multilingual services accounting 
     information' means any accounting information related to 
     multilingual services.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 9 of title 31, United States Code, is amended by 
     adding after the item relating to section 903 the following:
         ``904. Definitions.''.
       (b) Multilingual Services Expenses Report.--
       (1) Multilingual services expenses report.--Subchapter II 
     of chapter 35 of title 31, United States Code is amended--
       (A) in section 3512(a)(2)--
       (i) by striking ``and'' at the end of subparagraph (E);
       (ii) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (iii) by adding after subparagraph (E) the following:
       ``(F) effective for the first full calendar year beginning 
     after December 31, 2013, and for each calendar year 
     thereafter, a Multilingual Services Expenses Report, which 
     shall include--
       ``(i) a summary and analysis of the multilingual services 
     accounting information (as defined in section 904 of this 
     title) prepared by each agency Chief Financial Officer under 
     section 902(a)(6)(E) of this title;
       ``(ii) a description of any changes to the existing 
     financial management structure of the Federal Government 
     needed to establish an integrated individual agency 
     accounting of all multilingual services (as defined in 
     section 904 of this title) conducted by each agency; and
       ``(iii) any other information the Director considers 
     appropriate to fully inform the Congress and the agency Chief 
     Financial Officers regarding the accounting of all 
     multilingual services provided by the Federal Government; 
     and''; and
       (B) by adding at the end the following:

     ``Sec. 3517. Multilingual services accounting guidelines.

       ``Not later than 180 days after the date of the enactment 
     of this section, the Director of the Office of Management and 
     Budget shall issue guidance that each agency Chief Financial 
     Officer shall follow in compiling the multilingual services 
     accounting information required under section 902(a)(6)(E) of 
     this title.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 35 of title 31, United States Code, is amended by 
     adding after the item relating to section 3516 the following:
       ``3517. Multilingual services accounting guidelines.''.
                                 ______
                                 
  SA 1207. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. 
                   CUSTOMS AND BORDER PROTECTION RELATED TO BORDER 
                   SECURITY.

       (a) Prohibition on Secretaries of the Interior and 
     Agriculture.--The Secretary of the Interior or the Secretary 
     of Agriculture shall not impede, prohibit, or restrict 
     activities of U.S. Customs and Border Protection on land 
     under the jurisdiction of the Secretary of the Interior or 
     the Secretary of Agriculture to achieve operational control 
     (as defined in section 2(b) of the Secure Fence Act of 2006 
     (8 U.S.C. 1701 note; Public Law 109-367)) over the 
     international land borders of the United States.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--
       (1) Authorization.--U.S. Customs and Border Protection 
     shall have immediate access to land under the jurisdiction of 
     the Secretary of the Interior or the Secretary of Agriculture 
     for purposes of conducting the following activities on such 
     land that assist in securing the international land borders 
     of the United States:
       (A) Construction and maintenance of roads.
       (B) Construction and maintenance of fences.
       (C) Use vehicles to patrol.
       (D) Installation, maintenance, and operation of 
     surveillance equipment and sensors.
       (E) Use of aircraft.
       (F) Deployment of temporary tactical infrastructure, 
     including forward operating bases.
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--Notwithstanding any other provision of law 
     (including any termination date relating to the waiver 
     referred to in this subsection), the waiver by the Secretary 
     of Homeland Security on April 1, 2008, under section 
     102(c)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 
     104-208) of the laws described in paragraph (2) with respect 
     to certain sections of the international border between the 
     United States and Mexico and between the United States and 
     Canada shall be considered to apply to all land under the 
     jurisdiction of the Secretary of the Interior or the 
     Secretary of Agriculture within 100 miles of the 
     international land borders of the United States for the 
     activities of U.S. Customs and Border Protection described in 
     subsection (b).
       (2) Description of laws waived.--The laws referred to in 
     paragraph (1) are the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.), the National Historic 
     Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird 
     Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 
     U.S.C. 7401 et seq.), the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), the Noise Control Act of 
     1972 (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act 
     (42 U.S.C. 6901 et seq.), the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the 
     Act of June 8, 1906 (commonly known as the ``Antiquities Act 
     of 1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 
     1935 (16 U.S.C. 461 et seq.), the Wild and Scenic Rivers Act 
     (16 U.S.C. 1271 et seq.), the Farmland Protection Policy Act 
     (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act of 
     1972 (16 U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 
     1131 et seq.), the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd et seq.), 
     the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), 
     the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
     seq.), subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act''), the Otay Mountain Wilderness Act of 1999 
     (Public Law 106-145, 113 Stat. 1711), sections 102(29) and 
     103 of California Desert Protection Act of 1994 (16 U.S.C. 
     410aaa et seq.), the National Park Service Organic Act (16 
     U.S.C. 1 et seq.), Public Law 91-383 (16 U.S.C. 1a-1 et 
     seq.), sections 401(7), 403, and 404 of the National Parks 
     and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
     3467), the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
     1132

[[Page S4230]]

     note; Public Law 101-628), section 10 of the Act of March 3, 
     1899 (33 U.S.C. 403), the Act of June 8, 1940 (16 U.S.C. 668 
     et seq.), (25 U.S.C. 3001 et seq.), Public Law 95-341 (42 
     U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb et seq.), 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1600 et seq.), the Multiple-Use Sustained-
     Yield Act of 1960 (16 U.S.C. 528 et seq.), the Mineral 
     Leasing Act (30 U.S.C. 181, et seq.), the Materials Act of 
     1947 (30 U.S.C. 601 et seq.), and the General Mining Act of 
     1872 (30 U.S.C. 22 note).
       (d) Protection of Legal Uses.--This section shall not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, or mining, on land under the jurisdiction of the 
     Secretary of the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
                                 ______
                                 
  SA 1208. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 856, lines 1 and 2, strike ``the Secretary has 
     submitted to Congress'' and insert ``Congress has approved, 
     using the fast-track procedures set forth in paragraph (3), 
     the contents of''.
       On page 56, strike lines 19 through 22, and insert the 
     following: ``Congress has ratified, using the fast-track 
     procedures set forth in paragraph (3), the written 
     certification submitted by the Secretary to the President and 
     Congress, after consultation with the Comptroller of the 
     United States, that--''.
       On page 858, between lines 10 and 11, insert the following:
       (3) Fast-track procedures.--
       (A) In general.--Not later than 30 days after receiving a 
     submission from the Secretary under paragraph (1) or (2), the 
     Senate and the House of Representatives shall vote to 
     determine whether the action taken by the Secretary meets the 
     requirements set forth in such paragraphs that are required 
     before applications may be processed by the Secretary for 
     registered provisional immigrant status or adjustment of 
     status under section 245B or 245C, respectively, of the 
     Immigration and Nationality Act, as added by sections 2101 
     and 2102.
       (B) Referral to committee.--The question described in 
     subparagraph (A) may not be referred to any congressional 
     committee.
       (C) Amendments.--The question described in subparagraph (A) 
     may not be subject to amendment in the Senate or in the House 
     of Representatives.
       (D) Majority vote.--The question described in subparagraph 
     (A) shall be subject to a vote threshold of a majority of all 
     members of each House duly chosen and sworn.
       (E) Presidential signature.--The congressional approval and 
     ratification required under paragraphs (1) and (2) shall not 
     be completed until after it has received the signature of the 
     President.
                                 ______
                                 
  SA 1209. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 890, between lines 8 and 9, insert the following:
       (e) Additional Appropriations.--Nothing in this Act may be 
     construed to authorize the appropriation of funds to carry 
     out section 2101 or 2102 or an amendment made by either such 
     section. Such sections and the amendments made by such 
     sections shall be carried out using only the fees listed 
     under subsection (a)(2)(C).
                                 ______
                                 
  SA 1210. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 946, strike line 20 and all that follows 
     through page 947, line 11, and insert the following: "apply; 
     and

       ``(II) subparagraphs (A), (C), (D), (F), and (G) of section 
     212(a)(6) and paragraph (10)(B) of section 212(a) shall not 
     apply unless based on the act of unlawfully entering the 
     United States after the date of the enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act;''.

                                 ______
                                 
  SA 1211. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 946, lines 3 through 5, strike ``offense under 
     foreign law, except for a purely political offense, which, if 
     the offense'' and insert ``act committed outside the United 
     States, except for a purely political act, which, if the 
     act''.
                                 ______
                                 
  SA 1212. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 952, strike lines 4 through 21 and insert the 
     following:
       ``(2) Payment of taxes.--
       ``(A) In general.--An alien may not file an application for 
     registered provisional immigrant status under paragraph (1) 
     unless the alien demonstrates the payment of any applicable 
     Federal tax liability by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been paid; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal tax liability.--For purposes of 
     clause (i), the term `applicable Federal tax liability' means 
     liability for Federal taxes, including penalties and 
     interest, owed for which the statutory period for assessment 
     of any deficiency for such taxes has not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       ``(D) Burden of proof.--The burden of proof for an alien in 
     establishing a matter under this paragraph is by a 
     preponderance of evidence.
                                 ______
                                 
  SA 1213. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 973, between lines 18 and 19, insert the following:
       ``(iv) Prohibition on waiver.--The penalty required under 
     this subparagraph may not be waived, limited, or reduced.
                                 ______
                                 
  SA 1214. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 987, strike line 19 and all that follows 
     through page 988, line 19, and insert the following:

       ``(V) remittance records; and
       ``(VI) school records from institutions described in 
     subparagraph (D).

       ``(iii) Additional documents and restrictions.--The 
     Secretary may designate additional documents that may be used 
     to establish compliance with the requirement under 
     subparagraph (A).
                                 ______
                                 
  SA 1215. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 980, between lines 10 and 11, insert the following:
       ``(4) Annual reports on amounts of federal means-tested 
     public benefits provided.--The Secretary of Health and Human 
     Services, in consultation with the Secretary and the heads of 
     other appropriate Federal agencies, shall submit to Congress 
     each year a report on the amount of Federal means-tested 
     public benefits (as so defined) provided in each State 
     (including the District of Columbia) during the preceding 
     fiscal year. Each report shall set forth, for the fiscal year 
     covered by such report, the following:
       ``(A) The total amount of Federal means-tested public 
     benefits provided during such fiscal year, disaggregated by 
     State.
       ``(B) The total amount of Federal means-tested public 
     benefits provided during such fiscal year to households with 
     any person who resided in the United States illegally during 
     such fiscal year.
       ``(C) The total amount of Federal means-tested public 
     benefits provided during such fiscal year to households with 
     any person with registered provisional immigrant status 
     during such fiscal year.
       On page 980, line 11, strike ``(4)'' and insert ``(5)''.
       On page 981, line 7, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 1216. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1421, line 2, insert ``intentionally'' before 
     ``discriminate''.
       On page 1423, line 2, insert ``, with discriminatory 
     intent'' before the em dash.
       On page 1425, line 12, insert ``if done for the purpose, or 
     with the intent, of discriminating against the individual'' 
     before the period at the end.
                                 ______
                                 
  SA 1217. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1829, line 8, strike ``20,000'' and insert 
     ``200,000''.
       On page 1829, line 9, strike ``35,000'' and insert 
     ``250,000''.
       On page 1829, line 10, strike ``55,000'' and insert 
     ``300,000''.
       On page 1829, line 11, strike ``75,000'' and insert 
     ``350,000''.

[[Page S4231]]

       On page 1833, lines 1 and 2, strike ``20,000 nor more than 
     200,000'' and replace with ``200,000 nor more than 400,000''.
                                 ______
                                 
  SA 1218. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 908, between lines 7 and 8, insert the following:
       (e) Additional Permanent District Court Judgeships in New 
     Mexico.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of New Mexico.
       (2) Conversion of temporary judgeship to permanent 
     judgeship.--The existing judgeship for the district of New 
     Mexico authorized by section 312(c) of the 21st Century 
     Department of Justice Appropriations Authorization Act (28 
     U.S.C. 133 note; Public Law 107-273; 116 Stat. 1788), as of 
     the effective date of this Act, shall be authorized under 
     section 133 of title 28, United States Code, and the 
     incumbent in that office shall hold the office under section 
     133 of title 28, United States Code, as amended by this Act.
       (3) Technical and conforming amendment.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended by striking the item relating to the district of 
     New Mexico and inserting the following:


``New Mexico...............................................         8''.
 

                                 ______
                                 
  SA 1219. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 111, beginning on line 22, strike ``education'' and 
     all that follows through line 25, and insert ``education; 
     or''.
                                 ______
                                 
  SA 1220. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title I, add the following:

     SEC. 1122. MAXIMUM ALLOWABLE COSTS OF SALARIES OF CONTRACTOR 
                   EMPLOYEES.

       Section 4304(a)(16) of title 41, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, except that in the case of contracts with the 
     Department of Homeland Security or the National Guard while 
     operating in Federal status that relate to border security, 
     the limit on such costs of compensation is the annual amount 
     payable under the aggregate limitation on pay as established 
     by the Office of Management and Budget (currently 
     $230,700)''.
                                 ______
                                 
  SA 1221. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 912, between lines 9 and 10, insert the following:
       (3) Acquisition of additional unmanned aerial vehicles and 
     unmanned aerial systems.--Notwithstanding paragraphs (1) and 
     (2) of subsection (a), the Commissioner of U.S. Customs and 
     Border Protection may not acquire additional unmanned aerial 
     vehicles or unmanned aircraft systems until after the 
     Inspector General of the Department submits a report to 
     Congress, which certifies that U.S. Customs and Border 
     Protection has implemented all the recommendations contained 
     in the report submitted by the Office of the Inspector 
     General of the Department to U.S. Customs and Border 
     Protection on May 30, 2012, titled ``CBP's Use of Unmanned 
     Aircraft Systems in the Nation's Border Security'', 
     including--
       (A) analyzing requirements and developing plans to achieve 
     the unmanned aerial system mission availability objective and 
     acquiring funding to provide necessary operations, 
     maintenance, and equipment;
       (B) developing and implementing procedures to coordinate 
     and support stakeholders' mission requests; and
       (C) establishing interagency agreements with external 
     stakeholders for reimbursement of expenses incurred 
     fulfilling mission requests, to the extent authorized by law.
                                 ______
                                 
  SA 1222. Ms. LANDRIEU (for herself, Mr. Coats, and Ms. Klobuchar) 
submitted an amendment intended to be proposed by her to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1300, between lines 11 and 12, insert the 
     following:

     SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY 
                   ADOPTED INDIVIDUALS.

       (a) Automatic Citizenship.--Section 104 of the Child 
     Citizenship Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 
     note) is amended to read as follows:

     ``SEC. 104. APPLICABILITY.

       ``The amendments made by this title shall apply to any 
     individual who satisfies the requirements under section 320 
     or 322 of the Immigration and Nationality Act, regardless of 
     the date on which such requirements were satisfied.''.
       (b) Modification of Preadoption Visitation Requirement.--
     Section 101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as 
     amended by section 2312, is further amended by striking ``at 
     least twenty-five years of age, who personally saw and 
     observed the child prior to or during the adoption 
     proceedings;'' and inserting ``who is at least 25 years of 
     age, at least 1 of whom personally saw and observed the child 
     before or during the adoption proceedings;''.
       (c) Automatic Citizenship for Children of United States 
     Citizens Who Are Physically Present in the United States.--
       (1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is 
     amended to read as follows:
       ``(3) The child is physically present in the United States 
     in the legal custody of the citizen parent pursuant to a 
     lawful admission.''.
       (2) Applicability to individual's who no longer have legal 
     status.--Notwithstanding the lack of legal status or physical 
     presence in the United States, a person shall be deemed to 
     meet the requirements under section 320 of the Immigration 
     and Nationality Act, as amended by paragraph (1), if the 
     person--
       (A) was born outside of the United States;
       (B) was adopted by a United States citizen before the 
     person reached 18 years of age;
       (C) was legally admitted to the United States; and
       (D) would have qualified for automatic United States 
     citizenship if the amendments made by paragraph (1) had been 
     in effect at the time of such admission.
       (d) Retroactive Application.--Section 320(b) (8 U.S.C. 
     1431(b)) is amended by inserting ``, regardless of the date 
     on which the adoption was finalized'' before the period at 
     the end.
       (e) Applicability.--The amendments made by this section 
     shall apply to any individual adopted by a citizen of the 
     United States regardless of whether the adoption occurred 
     prior to, on, or after the date of the enactment of the Child 
     Citizenship Act of 2000.
                                 ______
                                 
  SA 1223. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1021, line 17, insert ``or public library'' after 
     ``organization''.
       On page 1282, beginning on line 3, strike ``and'' and all 
     that follows through line 4, and insert the following:
       (14) the National Security Advisor; and
       (15) the Director of the Institute of Museum and Library 
     Services.
       On page 1282, beginning on line 24, strike ``and'' and all 
     that follows through line 25, and insert the following:
       (E) community development challenges; and
       (F) civics education; and
       On page 1286, beginning on line 21, strike ``and'' and all 
     that follows through line 23, and insert the following:
       (10) awarding grants to State and local governments under 
     section 2538; and
       (11) entering into agreements with other Federal agencies 
     to promote and assist the eligible organizations and 
     activities.
       On page 1288, line 17, insert ``(as defined in section 
     2106(b))'' before the period at the end.
       On page 1293, line 2, insert ``public libraries,'' after 
     ``municipalities,''.
                                 ______
                                 
  SA 1224. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1162, strike lines 7 through 11 and insert the 
     following:
       (B) has been in the United States in a class of aliens 
     authorized to accept employment in the United States for a 
     continuous period of at least 10 years, not counting brief, 
     casual, and innocent absences.
       Beginning on page 1164, strike line 23 and all that follows 
     through page 1165, line 2, and insert the following:
       (f) Eligibility in Fiscal Years After Fiscal Year 2028.--
     Beginning on October 1, 2028, aliens are not eligible for 
     adjustment of status under subsection (c)(3) unless they have 
     been in a class of aliens authorized to accept employment in 
     the United States for 20 years before the date on which they 
     file an application for such adjustment of status.
                                 ______
                                 
  SA 1225. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 992, strike ``she'' on line 12 and all that follows 
     through line 22, and insert ``she meets the requirements set 
     forth in section 312.''.

[[Page S4232]]



                          ____________________