To provide for improved border security and to ensure that employers that participate in the E-Verify Program are not subject to unjustified penalties.

Summary: Border Security and Employee Verification Improvement Act of 2010 - Provides for: (1) an increase of full-time active-duty Border Patrol personnel along the southern border for each of FY2011-FY2013; and (2) Border Patrol infrastructure improvements along such border.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary of Homeland Security (DHS) to: (1) construct two layers of reinforced fencing along at least 150 miles (in addition to any existing fencing) of the southern border; and (2) complete such work within three years.

Directs the Secretary to conduct a study of the E-Verify Program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Employee 
Verification Improvement Act of 2010''.

SEC. 2. INCREASE IN BORDER PATROL AGENTS.

    (a) Annual Increases.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase the number of positions for full-time active-duty Border 
Patrol agents within the Department of Homeland Security (above the 
number of positions for which funds were appropriated for the preceding 
fiscal year), by--
            (1) 2,000 in fiscal year 2011;
            (2) 2,000 in fiscal year 2012; and
            (3) 2,000 in fiscal year 2013.
    (b) Allocations.--Of the Border Patrol agents specified in 
subsection (a), 100 percent shall be deployed along the southern border 
of the United States.

SEC. 3. INFRASTRUCTURE IMPROVEMENTS.

    The Secretary of Homeland Security shall, as the case may be and 
subject to the availability of appropriations for such purposes, 
construct or purchase--
            (1) office facilities to accommodate additional Border 
        Patrol agents;
            (2) sport utility vehicles or all terrain vehicles for such 
        agents;
            (3) additional fencing in urban areas of the southern 
        border of the United States; and
            (4) vehicle barriers to support, not replace, manpower in 
        rural and remote areas of the southern border of the United 
        States to achieve operational control of such border.

SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHERN BORDER OF THE 
              UNITED STATES.

    (a) In General.--Section 102(b)(1)(A) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
amended to read as follows:
                    ``(A) Two-layered reinforced fencing.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall construct two layers of 
                        reinforced physical fencing along not fewer 
                        than 150 miles of the southern border of the 
                        United States where such fencing would be most 
                        practical and effective to deter and prevent 
                        unlawful border crossings.
                            ``(ii) Border patrol access road.--The two-
                        layered reinforced physical fencing required 
                        under clause (i) shall be separated by a Border 
                        Patrol access road.
                            ``(iii) Construction deadline.--
                                    ``(I) In general.--Not later than 
                                three years after the date of the 
                                enactment of this subparagraph, the 
                                Secretary of Homeland Security shall 
                                ensure the completion of the 
                                construction of the two-layered 
                                reinforced fencing required under 
                                clause (i) and the construction of the 
                                Border Patrol access road required 
                                under clause (ii).
                                    ``(II) Report.--If the Secretary of 
                                Homeland Security is unable to complete 
                                the construction of such fencing and 
                                access road by the date specified in 
                                subclause (I), the Secretary shall 
                                submit to Congress a report describing 
                                why such construction was not so 
                                completed.
                            ``(iv) Prohibition on preexisting fencing 
                        to satisfy mileage requirement.--In carrying 
                        out clause (i), the Secretary of Homeland 
                        Security may not consider fencing along the 
                        southern border of the United States in 
                        existence on the date of the enactment of this 
                        subparagraph for purposes of satisfying the 
                        mileage requirement specified in such 
                        clause.''.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report containing a plan for construction of a physical fence 
along the entire southern border of the United States and including the 
following information:
            (1) The amount of fencing (measured in miles) necessary to 
        complete such plan.
            (2) A timeline for completion of such plan.
            (3) An identification of high-traffic areas that are 
        prioritized for such construction.
            (4) Additional resources needed from Congress relating to 
        such construction.

SEC. 5. STUDY ON E-VERIFY PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall conduct a study on the E-
Verify Program established under title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 
The study shall include the following:
            (1) The number of employers that voluntarily participate in 
        the E-Verify Program.
            (2) The number of employers required by law to participate 
        in the E-Verify Program.
            (3) The number of employers that, while fully participating 
        in the E-Verify program, employed unauthorized aliens (as such 
        term is defined in section 274A(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(h)(3))).
            (4) A determination by the Secretary as to the feasibility 
        of improving the E-Verify Program by incorporating additional 
        sources of information, including--
                    (A) the databases and resources used by United 
                States Immigration and Customs Enforcement in an I-9 
                audit;
                    (B) State-owned databases and information from 
                State documents; and
                    (C) information about reported lost or stolen 
                identities.
            (5) A determination by the Secretary as to whether existing 
        legal protections for employers who properly participate in the 
        E-Verify program are sufficient to fully protect them from 
        civil or criminal liability for the employment of unauthorized 
        aliens (as such term is defined in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).