To provide for enhanced border security, including strong border security metrics and congressional votes on border security and for other purposes.

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.
______