To prohibit the temporary grant of legal status to, or adjustment to citizenship status of, any individual who is unlawfully present in the United States until the Secretary of Homeland Security certifies that the US-VISIT System (a biometric border check-in and check-out system first required by Congress in 1996) has been fully implemented at every land, sea, and airport of entry and Congress passes a joint resolution, under fast track procedures, stating that such integrated entry and exit data system has been sufficiently implemented.

SA 1228. 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--
(A) 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; and
(B) a joint resolution of approval is enacted into law
pursuant to paragraph (4).
(4) Joint resolution of approval.--
(A) In general.--Notwithstanding any other provision of
this Act, the Secretary may not exercise any authority to
grant temporary legal status to individuals who are
unlawfully present in the United States or adjust the status
of such individuals to that of aliens lawfully admitted for
permanent residence if, not later than 15 calendar days after
the date on which Congress receives written certification
from the Secretary pursuant to paragraph (3), there is
enacted into law a joint resolution approving the
certification of the Secretary.
(B) Contents of joint resolution.--In this paragraph, the
term ``joint resolution'' means a joint resolution--
(i) that is introduced not later than 3 calendar days after
the date on which the written certification of the Secretary
under paragraph (3) is received by Congress;
(ii) that does not have a preamble;
(iii) the title of which is as follows: ``Joint resolution
relating to the approval of the certification of the
Secretary of Homeland Security obligations under the Border
Security, Economic Opportunity, and Immigration Modernization
Act''; and
(iv) the matter after the resolving clause of which is as
follows: ``That Congress approves the certification of the
implementation of 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) at
every land, sea, and air port of entry''.
(5) Fast track consideration in house of representatives.--
(A) Reconvening.--Upon the receipt of a written
certification from the Secretary under paragraph (3), the
Speaker, if the House would otherwise be adjourned, shall
notify the Members of the House that, pursuant to this
paragraph, the House shall convene not later than the second
calendar day after receipt of such certification;
(B) Reporting and discharge.--Any committee of the House of
Representatives to which a joint resolution is referred shall
report it to the House not later than 5 calendar days after
the date of receipt of the certification described in
paragraph (3). If a committee fails to report the joint
resolution within that period, the committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be referred to the appropriate
calendar.
(C) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after Congress
receives the certification described in paragraph (3), to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(D) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the
proponent and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
(6) Fast track consideration in senate.--
(A) Reconvening.--Upon receipt of a certification under
paragraph (3), if the Senate has adjourned or recessed for
more than 2 days, the Majority Leader of the Senate, after
consultation with the Minority Leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
paragraph, the Senate shall convene not later than the second
calendar day after receipt of such message.
(B) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on
the calendar.
(C) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII of the Standing
Rules of the Senate, it is in order at any time during the
period beginning on the 4th day after the date on which
Congress receives a certification described in paragraph (3)
and ending on the 6th day after the date on which Congress
receives such certification (even though a previous motion to
the same effect has been disagreed to) to move to proceed to
the consideration of the joint resolution, and all points of
order against the joint resolution (and against consideration
of the joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the resolution is
agreed to, the joint resolution shall remain the unfinished
business until disposed of.
(ii) Debate.--Debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall
be limited to not more than 10 hours, which shall be divided
equally between the Majority Leader and Minority Leaders or
their designees. 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.
(iii) Vote on passage.--The vote on passage shall occur
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
Senate.
(iv) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution shall be decided without
debate.
(7) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If, before
the passage by 1 House of a joint resolution of that House,
that House receives from the other House a joint resolution,
then the following procedures shall apply:
(i) The joint resolution of the other House shall not be
referred to a committee.
(ii) With respect to a joint resolution of the House
receiving the resolution--

(I) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(II) the vote on passage shall be on the joint resolution
of the other House.

(B) Treatment of joint resolution of other house.--
(C) If one House fails to introduce or consider a joint
resolution under this section, the joint resolution of the
other House shall be entitled to expedited floor procedures
under this section.
(D) Treatment of companion measures.--If, following passage
of the joint resolution

[[Page S4412]]

in the Senate, the Senate receives the companion measure from
the House of Representatives, the companion measure shall not
be debatable.
(E) Consideration after passage.--
(i) In general.--If Congress passes a joint resolution, the
period beginning on the date the President is presented with
the joint resolution and ending on the date the President
takes action with respect to the joint resolution shall be
disregarded in computing the 15-calendar day period described
in paragraph (4)(A).
(ii) Vetoes.--If the President vetoes the joint
resolution--

(I) the period beginning on the date the President vetoes
the joint resolution and ending on the date the Congress
receives the veto message with respect to the joint
resolution shall be disregarded in computing the 15-calendar
day period described in paragraph (4)(A); and
(II) debate on a veto message in the Senate under this
section shall be 1 hour equally divided between the majority
and minority leaders or their designees.

(F) Rules of house of representatives and senate.--This
paragraph and paragraphs (4), (5), and (6) are enacted by
Congress--
(i) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively;
(ii) as such it is deemed a part of the rules of each
House, respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a joint
resolution, and it supersedes other rules only to the extent
that it is inconsistent with such rules; and
(iii) 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.
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