II 

111TH CONGRESS 

1ST SESSION S. 1505 

To provide immigration reform by securing America’s borders, clarifying and 

enforcing existing laws, and enabling a practical employer verification 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2009 

Mr. PRYOR (for himself, Ms. LANDRIEU, Mr. VITTER, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide immigration reform by securing America’s borders, clarifying and enforcing existing laws, and enabling 

a practical employer verification program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure America Through Verification and Enforcement 

6 Act of 2009’’ or as the ‘‘SAVE Act of 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—SECURING AMERICA’S INTERNATIONAL BORDERS 

Subtitle A—Manpower, Technology, and Infrastructure Improvements 

Sec. 101. Manpower. 

Sec. 102. Technology. 

Sec. 103. Infrastructure. 

Sec. 104. Aerial vehicles and surveillance systems. 

Subtitle B—Strategies and Progress Reports for Securing America’s Borders 

Sec. 111. National strategy to secure the borders. 

Sec. 112. Accountable financing of a secure border initiative. 

Subtitle C—Rapid Response Measures 

Sec. 121. Deployment of border patrol agents. 

Sec. 122. Border patrol major assets. 

Sec. 123. Electronic equipment. 

Sec. 124. Personal equipment. 

Sec. 125. Authorization of appropriations. 

Subtitle D—Border Infrastructure and Technology Modernization 

Sec. 131. Definitions. 

Sec. 132. Expansion of commerce security programs. 

Subtitle E—Other Border Security Initiatives 

Sec. 141. Alien smuggling and terrorism prevention. 

Sec. 142. Border security on certain Federal land. 

TITLE II—ENDING UNLAWFUL EMPLOYMENT 

Subtitle A—Employee Verification 

Sec. 201. Mandatory employment authorization verification. 

Sec. 202. Monitoring and compliance. 

Sec. 203. Mandatory notification of Social Security account number 

mismatches and multiple uses. 

Sec. 204. Establishment of electronic birth and death registration systems. 

Sec. 205. Penalty for failure to file correct information returns. 

Sec. 206. Authorization of appropriations. 

Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens 

Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income. 

TITLE III—ENHANCING AND FULLY UTILIZING METHODS OF 

INTERIOR ENFORCEMENT 

Sec. 301. Increase investigative efforts. 

Sec. 302. Increased oversight of agents. 

Sec. 303. Border relief grant program. 

Sec. 304. Rewards program. 


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Sec. 305. Increased detention facilities for aliens apprehended for illegal entry. 

Sec. 306. Additional Immigration judgeships and law clerks. 

Sec. 307. Media campaign. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘‘Department’’ means the Depart5 ment of Homeland Security. 

6 (2) SECRETARY.—Except as otherwise provided, 

7 the term ‘‘Secretary’’ means the Secretary of Home8 land Security. 

9 TITLE I—SECURING AMERICA’S 

10 INTERNATIONAL BORDERS 

11 Subtitle A—Manpower, Tech12 nology, and Infrastructure Im13 provements 

14 SEC. 101. MANPOWER. 

15 (a) BORDER PATROL AGENTS.—Section 5202 of the 

16 Intelligence Reform and Terrorism Prevention Act of 

17 2004 (Public Law 108–458; 118 Stat. 3734) is amended 

18 to read as follows: 

19 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

20 AGENTS. 

21 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home22 land Security shall, subject to the availability of appropria23 tions, increase the number of positions for full-time active24 duty border patrol agents within the Department of 


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1 Homeland Security (above the number of positions for 

2 which funds were appropriated for the preceding fiscal 

3 year), by— 

4 ‘‘(1) 2,000 in fiscal year 2010; 

5 ‘‘(2) 1,500 in fiscal year 2011; 

6 ‘‘(3) 1,000 in fiscal year 2012; 

7 ‘‘(4) 1,000 in fiscal year 2013; and 

8 ‘‘(5) 500 in fiscal year 2014. 

9 ‘‘(b) ALLOCATIONS.—Of the border patrol agents 

10 hired under subsection (a), 80 percent shall be deployed 

11 along the southern border of the United States and 20 

12 percent shall be deployed along the northern border of the 

13 United States. 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated for each of fiscal years 

16 2010 through 2014 such funds as may be necessary to 

17 carry out this section.’’. 

18 (b) INVESTIGATIVE PERSONNEL.— 

19 (1) ADDITIONAL INVESTIGATIVE PERSONNEL

20 FOR ALIEN SMUGGLING.—In addition to the posi21 tions authorized under section 5202 of the Intel22 ligence Reform and Terrorism Prevention Act of 

23 2004, as amended by subsection (a), during each of 

24 the fiscal years 2010 through 2014, the Secretary 

25 shall, subject to the availability of appropriations, inVerDate Nov 24 2008 05:11 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1505.IS S1505

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1 crease by not less than 350 the number of positions 

2 for personnel within the Department assigned to 

3 specifically investigate alien smuggling. 

4 (2) ADDITIONAL FUNDS AND PERSONNEL FOR

5 THE TUNNEL TASK FORCE.—Subject to the avail6 ability of appropriations, the fiscal year 2010 budget 

7 of the Tunnel Task Force, a joint force comprised 

8 of United States Immigration and Customs Enforce9 ment, United States Customs and Border Protec10 tion, and the Drug Enforcement Administration per11 sonnel tasked to pinpoint tunnels that are utilized by 

12 drug lords and smugglers known as ‘‘coyotes’’ to 

13 smuggle narcotics, illegal aliens, and weapons, shall 

14 be increased by 50 percent above the fiscal year 

15 2007 budget for such Task Force. Such increase 

16 shall be used to increase personnel, improve commu17 nication and coordination among agencies partici18 pating in such Task Force, upgrade technology, and 

19 offer cash rewards and appropriate security to indi20 viduals who provide such Task Force with accurate 

21 information on existing tunnels that breach the 

22 international borders of the United States. 

23 (3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the Sec25 retary for each of the fiscal years 2010 through 


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1 2014 such funds as may be necessary to carry out 

2 this section. 

3 (c) RECRUITMENT OF FORMER MEMBERS OF THE

4 ARMED FORCES AND MEMBERS OF RESERVE COMPO5 NENTS OF THE ARMED FORCES.— 

6 (1) REQUIREMENT FOR PROGRAM.—The Sec7 retary, in conjunction with the Secretary of Defense, 

8 shall establish a program to actively recruit members 

9 of a Reserve component of the Armed Forces or 

10 former members of the Armed Forces or National 

11 Guard to serve in United States Customs and Bor12 der Protection or United States Immigration and 

13 Customs Enforcement. 

14 (2) RECRUITMENT INCENTIVES.— 

15 (A) MAXIMUM STUDENT LOAN REPAY16 MENTS FOR UNITED STATES BORDER PATROL

17 AGENTS WITH A TWO-YEAR COMMITMENT.— 

18 Section 5379(b) of title 5, United States Code, 

19 is amended by adding at the end the following: 

20 ‘‘(4) In the case of an employee who is other21 wise eligible for benefits under this section and who 

22 is serving as a full-time active-duty United States 

23 border patrol agent within the Department of Home24 land Security— 


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1 ‘‘(A) paragraph (2)(A) shall be applied by 

2 substituting ‘$20,000’ for ‘$10,000’; and 

3 ‘‘(B) paragraph (2)(B) shall be applied by 

4 substituting ‘$80,000’ for ‘$60,000’.’’. 

5 (B) RECRUITMENT AND RELOCATION BO6 NUSES AND RETENTION ALLOWANCES FOR PER7 SONNEL OF THE DEPARTMENT.—The Secretary 

8 shall ensure that the authority to pay recruit9 ment and relocation bonuses under section 

10 5753 of title 5, United States Code, the author11 ity to pay retention bonuses under section 5754 

12 of such title, and any other similar authorities 

13 available under any other provision of law, rule, 

14 or regulation, are exercised to the fullest extent 

15 allowable in order to encourage service of mem16 bers of a Reserve component of the Armed 

17 Forces or former members of the Armed Forces 

18 or National Guard in the Department. 

19 (3) REPORT ON OTHER RECRUITMENT INCEN20 TIVES.— 

21 (A) REQUIREMENT.—Not later than 90 

22 days after the date of enactment of this Act, 

23 the Secretary and the Secretary of Defense 

24 shall jointly submit to the appropriate commit25 tees of Congress a report on the desirability 


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1 and feasibility of offering an incentive to a 

2 member of a Reserve component of the Armed 

3 Forces or a former member of the Armed 

4 Forces or National Guard for the purpose of 

5 encouraging such member to serve in United 

6 States Customs and Border Patrol or United 

7 States Immigration and Customs Enforcement. 

8 (B) CONTENT.—The report required by 

9 subparagraph (A) shall include— 

10 (i) a description of various monetary 

11 and nonmonetary incentives considered for 

12 purposes of the report; and 

13 (ii) an assessment of the desirability 

14 and feasibility of utilizing any such incen15 tive. 

16 (4) DEFINITION.—In this subsection, the term 

17 ‘‘appropriate committees of Congress’’ means— 

18 (A) the Committee on Appropriations, the 

19 Committee on Armed Services, and the Com20 mittee on Homeland Security and Govern21 mental Affairs of the Senate; and 

22 (B) the Committee on Appropriations, the 

23 Committee on Armed Services, and the Com24 mittee on Homeland Security of the House of 

25 Representatives. 


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1 SEC. 102. TECHNOLOGY. 

2 (a) EQUIPMENT SHARING BETWEEN THE DEPART3 MENT AND THE DEPARTMENT OF DEFENSE.—The Sec4 retary and the Secretary of Defense shall develop and im5 plement a plan to use authorities provided to the Secretary 

6 of Defense under chapter 18 of title 10, United States 

7 Code, to increase the availability and use of Department 

8 of Defense equipment, including unmanned aerial vehicles, 

9 tethered aerostat radars, and other surveillance equip10 ment, to assist the Secretary in carrying out surveillance 

11 activities conducted at or near the international land bor12 ders of the United States to prevent illegal immigration. 

13 (b) SECURE COMMUNICATION.—The Secretary shall, 

14 as expeditiously as practicable, develop and implement a 

15 plan to improve the use of satellite communications and 

16 other technologies to ensure clear and secure 2-way com17 munication capabilities— 

18 (1) among all border patrol agents conducting 

19 operations between ports of entry; 

20 (2) between border patrol agents and their re21 spective border patrol stations; and 

22 (3) among all appropriate law enforcement 

23 agencies of the Department and of State, local, and 

24 tribal law enforcement. 

25 (c) OTHER TECHNOLOGY UPGRADES.—The Sec26 retary shall purchase and implement new technology to seVerDate Nov 24 2008 05:11 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1505.IS S1505

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1 cure the international borders of the United States, in2 cluding drones, infrared cameras, sensors, mobile lighting 

3 units, radar, and infrared heat. 

4 (d) REPORT.—Not later than 6 months after the date 

5 of enactment of this Act, and annually thereafter, the Sec6 retary and the Secretary of Defense shall submit to Con7 gress a report that contains— 

8 (1) a description of the current use of Depart9 ment of Defense equipment to assist the Secretary 

10 in carrying out surveillance of the international land 

11 borders of the United States and assessment of the 

12 potential risks to citizens of the United States and 

13 key foreign policy interests associated with the use 

14 of such equipment; 

15 (2) the plan developed under subsection (a) to 

16 increase the use of Department of Defense equip17 ment to assist such surveillance activities; and 

18 (3) a description of the types of equipment and 

19 other support to be provided by the Secretary of De20 fense under such plan during the 1-year period be21 ginning on the date of the submission of the report. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary for each 

24 of the fiscal years 2010 through 2014 such funds as may 

25 be necessary to carry out this section. 


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1 SEC. 103. INFRASTRUCTURE. 

2 (a) INFRASTRUCTURE IMPROVEMENTS.— 

3 (1) IN GENERAL.—Subject to the availability of 

4 appropriations, the Secretary shall construct or pur5 chase— 

6 (A) office facilities to accommodate addi7 tional border patrol personnel; 

8 (B) sport utility vehicles for officers of the 

9 border patrol; 

10 (C) all weather roads for better vehicle ac11 cess and performance on remote and rugged 

12 terrain (road construction should be done in 

13 consultation with the owner of the land and 

14 take into account any environmental or other 

15 land use issues that are relevant); 

16 (D) additional fencing, including aesthetic 

17 fencing for use in business districts, in urban 

18 areas along the international borders of the 

19 United States; and 

20 (E) vehicle barriers, to support, but not re21 place, personnel, in rural and remote areas of 

22 such a border necessary to achieve operational 

23 control of the international borders of the 

24 United States. 

25 (2) CONSIDERATIONS FOR ROAD PURCHASE OR

26 CONSTRUCTION.—The Secretary shall ensure that 


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1 any construction or purchase of a road referred to 

2 in paragraph (1)(C)— 

3 (A) is carried out in consultation with the 

4 owner of the land on which the road will be 

5 constructed or purchased from; and 

6 (B) takes into account any environmental 

7 or other land use issues that are relevant to 

8 such construction or purchase. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary for each 

11 of the fiscal years 2010 through 2014 such funds as may 

12 be necessary to carry out this section. 

13 SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 

14 (a) UNMANNED AERIAL VEHICLE PILOT PRO15 GRAM.—During the 1-year period beginning on the date 

16 on which the report is submitted under section 102(d), 

17 the Secretary shall conduct a pilot program to test un18 manned aerial vehicles for border surveillance along the 

19 international border between Canada and the United 

20 States. 

21 (b) UNMANNED AERIAL VEHICLES AND ASSOCIATED

22 INFRASTRUCTURE.—The Secretary shall acquire and 

23 maintain unmanned aerial vehicles and related equipment 

24 for use to patrol the international borders of the United 

25 States, including equipment such as— 


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1 (1) additional sensors; 

2 (2) satellite command and control; and 

3 (3) other necessary equipment for operational 

4 support. 

5 (c) AERIAL SURVEILLANCE PROGRAM.— 

6 (1) IN GENERAL.—In conjunction with the bor7 der surveillance plan developed under section 5201 

8 of the Intelligence Reform and Terrorism Prevention 

9 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

10 note), the Secretary, not later than 90 days after the 

11 date of enactment of this Act, shall develop and im12 plement a program to fully integrate and utilize aer13 ial surveillance technologies, including unmanned 

14 aerial vehicles, to enhance the security of the inter15 national border between the United States and Can16 ada and the international border between the United 

17 States and Mexico. The goal of the program shall be 

18 to ensure continuous monitoring of each mile of each 

19 such border. 

20 (2) ASSESSMENT AND CONSULTATION REQUIRE21 MENTS.—In developing the program under this sub22 section, the Secretary shall— 

23 (A) consider available and proposed aerial 

24 surveillance technologies; 


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1 (B) assess the feasibility and advisability 

2 of utilizing such technologies to address border 

3 threats, including an assessment of the tech4 nologies considered best suited to address re5 spective threats; 

6 (C) consult with the Secretary of Defense 

7 regarding any technologies or equipment, which 

8 the Secretary may deploy along an international 

9 border of the United States; and 

10 (D) consult with the Administrator of the 

11 Federal Aviation Administration regarding safe12 ty, airspace coordination and regulation, and 

13 any other issues necessary for implementation 

14 of the program. 

15 (d) INTEGRATED AND AUTOMATED SURVEILLANCE

16 PROGRAM.— 

17 (1) REQUIREMENT FOR PROGRAM.—Subject to 

18 the availability of appropriations, the Secretary shall 

19 establish the Integrated and Automated Surveillance 

20 Program to procure additional unmanned aerial ve21 hicles, drones, cameras, poles, sensors, satellites, 

22 radar coverage, and other technologies necessary to 

23 achieve operational control of the international bor24 ders of the United States and to establish a security 

25 perimeter known as a ‘‘virtual fence’’ along such 


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1 international borders to provide a barrier to illegal 

2 immigration. 

3 (2) PROGRAM COMPONENTS.—The Secretary 

4 shall ensure, to the maximum extent feasible, that— 

5 (A) the technologies utilized in the Inte6 grated and Automated Surveillance Program 

7 are integrated and function cohesively in an 

8 automated fashion, including the integration of 

9 motion sensor alerts and cameras in a manner 

10 where a sensor alert automatically activates a 

11 corresponding camera to pan and tilt in the di12 rection of the triggered sensor; 

13 (B) cameras utilized in such Program do 

14 not have to be manually operated; 

15 (C) such camera views and positions are 

16 not fixed; 

17 (D) surveillance video taken by such cam18 eras is able to be viewed at multiple designated 

19 communications centers; 

20 (E) a standard process is used to collect 

21 and record, catalog, and report intrusion and 

22 response data collected under such Program; 

23 (F) future remote surveillance technology 

24 investments and upgrades for such program 

25 may be integrated with existing systems; 


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1 (G) performance measures are developed 

2 and applied that can evaluate whether such 

3 Program is providing desired results and in4 creasing response effectiveness in monitoring 

5 and detecting illegal intrusions along the inter6 national borders of the United States; 

7 (H) plans are developed under such Pro8 gram to streamline site selection and site vali9 dation processes to minimize delays of installing 

10 surveillance technology infrastructure; 

11 (I) standards are developed under such 

12 Program to expand the shared use of existing 

13 private and governmental structures to install 

14 remote surveillance technology infrastructure 

15 where possible; 

16 (J) standards are developed under such 

17 Program to identify and deploy temporary or 

18 mobile surveillance platforms that will increase 

19 the Secretary’s mobility and ability to identify 

20 illegal border intrusions; and 

21 (K) border patrol agents respond to each 

22 reported intrusion that appears to involve aliens 

23 or smugglers. 

24 (3) EVALUATION OF CONTRACTORS.— 


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1 (A) REQUIREMENT FOR STANDARDS.—The 

2 Secretary shall develop appropriate standards 

3 to evaluate the performance of any contractor 

4 providing goods or services to carry out the In5 tegrated and Automated Surveillance Program. 

6 (B) REVIEW BY THE COMPTROLLER GEN7 ERAL OF THE UNITED STATES.— 

8 (i) IN GENERAL.—The Comptroller 

9 General of the United States shall review 

10 each new contract related to such Program 

11 and report to Congress regarding contracts 

12 with a value of more than $5,000,000 in a 

13 timely manner, to determine whether such 

14 contract fully complies with applicable cost 

15 requirements, performance objectives, pro16 gram milestones, and schedules. 

17 (ii) REPORTS TO THE SECRETARY.— 

18 The Comptroller General of the United 

19 States shall report the findings of each re20 view carried out under clause (i) to the 

21 Secretary in a timely manner. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—There is authorized to be 

24 appropriated to the Secretary— 


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1 (A) for each of the fiscal years 2010 and 

2 2011, such sums as maybe be necessary to 

3 carry out subsection (b); 

4 (B) such sums as may be necessary to 

5 carry out subsection (c); and 

6 (C) such sums as may be necessary to 

7 carry out subsection (d). 

8 (2) AVAILABILITY OF FUNDS.—Amounts appro9 priated pursuant to the authorization of appropria10 tions in paragraph (1)(A) are authorized to remain 

11 available until expended. 

12 Subtitle B—Strategies and 

13 Progress Reports for Securing 

14 America’s Borders 

15 SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS. 

16 (a) REQUIREMENT FOR NATIONAL STRATEGY.—The 

17 Secretary, in consultation with the heads of other appro18 priate Federal agencies, shall develop a national strategy 

19 to secure the international borders of the United States 

20 that describes actions to be carried out to achieve oper21 ational control over all ports of entry into the United 

22 States and the international land and maritime borders 

23 of the United States by December 31, 2013. 

24 (b) CONTENT.—The national strategy required by 

25 subsection (a) shall include the following: 


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1 (1) An assessment of the threats posed by ter2 rorists and terrorist groups that may try to infiltrate 

3 the United States at locations along the inter4 national land and maritime borders of the United 

5 States. 

6 (2) A risk assessment for all United States 

7 ports of entry and all portions of the international 

8 land and maritime borders of the United States that 

9 includes a description of activities being under10 taken— 

11 (A) to prevent the entry of terrorists, other 

12 unlawful aliens, instruments of terrorism, nar13 cotics, and other contraband into the United 

14 States; and 

15 (B) to protect critical infrastructure at or 

16 near such ports of entry or borders. 

17 (3) An assessment of the most appropriate, 

18 practical, and cost-effective means of defending the 

19 international land and maritime borders of the 

20 United States against threats to security and illegal 

21 transit, including intelligence capacities, technology, 

22 equipment, personnel, and training needed to ad23 dress security vulnerabilities. 

24 (4) An assessment of staffing needs for all bor25 der security functions, taking into account threat 


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1 and vulnerability information pertaining to the bor2 ders and the impact of new security programs, poli3 cies, and technologies. 

4 (5) A description of the border security roles 

5 and missions of Federal Government, State govern6 ment, local government, and tribal authorities, and 

7 recommendations regarding actions the Secretary 

8 can carry out to improve coordination with such au9 thorities to enable border security and enforcement 

10 activities to be carried out in a more efficient and 

11 effective manner. 

12 (6) An assessment of existing efforts and tech13 nologies used for border security and the effect of 

14 the use of such efforts and technologies on civil 

15 rights, private property rights, privacy rights, and 

16 civil liberties, including an assessment of efforts to 

17 take into account asylum seekers, trafficking vic18 tims, unaccompanied minor aliens, refugees and 

19 other vulnerable populations, as well as the effects 

20 on United States citizens living in the border region 

21 and Federal, State, and local law enforcement offi22 cers working in the border region. 

23 (7) A prioritized list of research and develop24 ment objectives to enhance the security of the interVerDate Nov 24 2008 05:11 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1505.IS S1505

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1 national land and maritime borders of the United 

2 States. 

3 (8) A description of ways to ensure that the 

4 free flow of lawful travel and commerce is not unrea5 sonably diminished by efforts, activities, and pro6 grams aimed at securing the international land and 

7 maritime borders of the United States. 

8 (9) An assessment of additional detention facili9 ties and beds that are needed to detain unlawful 

10 aliens apprehended at United States ports of entry 

11 or along the international land borders of the United 

12 States. 

13 (10) A description of the performance metrics 

14 to be used to ensure accountability by the bureaus 

15 of the Department in implementing such strategy. 

16 (11) A schedule for the implementation of the 

17 security measures described in such strategy, includ18 ing— 

19 (A) a prioritization of security measures; 

20 (B) realistic deadlines for addressing the 

21 security and enforcement needs; 

22 (C) an estimate of the resources needed to 

23 carry out such measures; and 

24 (D) a description of the manner in which 

25 resources should be allocated. 


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1 (c) CONSULTATION.—In developing the national 

2 strategy required by subsection (a), the Secretary shall 

3 consult with representatives of— 

4 (1) State, local, and tribal governmental au5 thorities with responsibility for locations along the 

6 international land and maritime borders of the 

7 United States; and 

8 (2) appropriate private sector entities, non9 governmental organizations, and affected commu10 nities that have expertise in areas related to border 

11 security. 

12 (d) COORDINATION.—The national strategy required 

13 by subsection (a) shall be consistent with the National 

14 Strategy for Maritime Security developed pursuant to 

15 Homeland Security Presidential Directive 13, dated De16 cember 21, 2004. 

17 (e) SUBMISSION TO CONGRESS.— 

18 (1) STRATEGY.—Not later than December 31, 

19 2010, the Secretary shall submit to Congress the na20 tional strategy required by subsection (a). 

21 (2) UPDATES.—The Secretary shall submit to 

22 Congress any update of such strategy that the Sec23 retary determines is necessary, not later than 30 

24 days after such update is developed. 


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1 (f) IMMEDIATE ACTION.—Nothing in this section 

2 may be construed to relieve the Secretary of the responsi3 bility to take all actions necessary and appropriate to 

4 achieve and maintain operational control over the entire 

5 international land and maritime borders of the United 

6 States. 

7 SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER 

8 INITIATIVE. 

9 (a) COMPTROLLER GENERAL OF THE UNITED

10 STATES.— 

11 (1) CONTRACT REVIEWS.—If the Comptroller 

12 General of the United States becomes aware of any 

13 improper conduct or wrongdoing in the course of 

14 conducting a contract review under the Secure Bor15 der Initiative, the Comptroller General of the United 

16 States shall, as expeditiously as practicable, refer in17 formation relating to such improper conduct or 

18 wrongdoing to Congress and to the Secretary, or to 

19 another appropriate official of the Department, who 

20 shall determine whether to temporarily suspend the 

21 contractor from further participation in the Secure 

22 Border Initiative or make such contract null and 

23 void. 

24 (2) REPORT.—Upon the completion of each re25 view described in paragraph (1), the Comptroller 


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1 General of the United States shall submit to Con2 gress and to the Secretary a report containing the 

3 findings of the review, including findings regard4 ing— 

5 (A) cost overruns; 

6 (B) significant delays in contract execu7 tion; 

8 (C) lack of rigorous departmental contract 

9 management; 

10 (D) insufficient departmental financial 

11 oversight; 

12 (E) bundling that limits the ability of 

13 small businesses to compete; or 

14 (F) other high-risk business practices. 

15 (b) REPORTS BY THE SECRETARY.— 

16 (1) IN GENERAL.—Not later than 30 days after 

17 the receipt of each report required under subsection 

18 (a)(2), the Secretary shall submit to the Committee 

19 on the Judiciary and the Committee on Homeland 

20 Security and Governmental Affairs of the Senate 

21 and the Committee on the Judiciary and the Com22 mittee on Homeland Security of the House of Rep23 resentatives a report that describes the steps the 

24 Secretary has taken, or plans to take, to address the 

25 problems identified in such report. 


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1 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

2 Not later than 60 days after the initiation of each 

3 contract action with a company whose headquarters 

4 are not based in the United States, the Secretary 

5 shall submit to the Committee on the Judiciary of 

6 the Senate and the Committee on the Judiciary of 

7 the House of Representatives a report regarding the 

8 Secure Border Initiative. 

9 (c) REPORTS ON UNITED STATES PORTS.—Not later 

10 that 60 days after receiving information regarding a pro11 posed purchase of a contract to manage the operations of 

12 a United States port by a foreign entity, the Secretary 

13 shall submit a report to Congress that describes— 

14 (1) the proposed purchase; 

15 (2) any security concerns related to the pro16 posed purchase; and 

17 (3) the manner in which such security concerns 

18 have been addressed. 

19 Subtitle C—Rapid Response 

20 Measures 

21 SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS. 

22 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

23 AGENTS.— 

24 (1) IN GENERAL.—If the Governor of a State 

25 along an international border of the United States 


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1 declares an international border security emergency 

2 and requests additional agents of the border patrol 

3 (referred to in this subtitle as ‘‘agents’’) from the 

4 Secretary, the Secretary, subject to paragraphs (2) 

5 and (3), may provide the State with not more than 

6 1,000 additional agents for the purpose of patrolling 

7 and defending the international border, in order to 

8 prevent individuals from crossing the international 

9 border into the United States at any location other 

10 than an authorized port of entry. 

11 (2) CONSULTATION.—Upon receiving a request 

12 for agents under paragraph (1), the Secretary, after 

13 consultation with the President, shall grant such re14 quest to the extent that providing such agents will 

15 not significantly impair the Department’s ability to 

16 provide border security for any other State. 

17 (3) COLLECTIVE BARGAINING.—Emergency de18 ployments under this subsection shall be made in ac19 cordance with all applicable collective bargaining 

20 agreements and obligations under law. 

21 (b) FLEXIBLE DEPLOYMENT OF AGENTS.—The Sec22 retary shall ensure that agents are not precluded from per23 forming patrol duties and apprehending violators of law, 

24 except in unusual circumstances if the temporary use of 

25 fixed deployment positions is necessary. 


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1 SEC. 122. BORDER PATROL MAJOR ASSETS. 

2 (a) CONTROL OF DEPARTMENT ASSETS.—The Sec3 retary shall have exclusive administrative and operational 

4 control over all the assets utilized in carrying out its mis5 sion, including aircraft, water craft, vehicles, detention 

6 space, transportation, and all of the personnel associated 

7 with such assets. 

8 (b) HELICOPTERS AND POWER BOATS.— 

9 (1) HELICOPTERS.—The Secretary shall in10 crease the number of helicopters under the control 

11 of the border patrol and United States Immigration 

12 and Customs Enforcement to ensure that appro13 priate types and quantities of helicopters are pro14 cured for the various missions being performed by 

15 such entities. 

16 (2) POWER BOATS.—The Secretary shall in17 crease the number of power boats under the control 

18 of the border patrol to ensure that the types of 

19 power boats that are procured are appropriate for 

20 both the waterways in which they are used and the 

21 mission requirements of the border patrol. 

22 (3) USE AND TRAINING.—The Secretary shall— 

23 (A) establish an overall policy on how the 

24 helicopters and power boats procured under this 

25 subsection will be used; and 


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1 (B) implement training programs for the 

2 agents who use such assets, including safe oper3 ating procedures and rescue operations. 

4 (c) MOTOR VEHICLES.— 

5 (1) QUANTITY.—The Secretary shall establish a 

6 fleet of motor vehicles appropriate for use by the 

7 border patrol that will permit a ratio of not less 

8 than 1 police-type vehicle for every 4 agents with 

9 safety glass and other protections. The Secretary 

10 shall ensure that there are sufficient numbers and 

11 types of other motor vehicles to support the mission 

12 of the border patrol. 

13 (2) FEATURES.—All motor vehicles purchased 

14 for the border patrol shall— 

15 (A) be appropriate for the mission of the 

16 border patrol; and 

17 (B) have a panic button and a global posi18 tioning system device that is activated solely in 

19 emergency situations to track the location of 

20 agents in distress. 

21 SEC. 123. ELECTRONIC EQUIPMENT. 

22 (a) PORTABLE COMPUTERS.—The Secretary shall en23 sure that each police-type motor vehicle in the fleet of the 

24 border patrol is equipped with a portable computer with 

25 access to all necessary law enforcement databases and othVerDate Nov 24 2008 05:11 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1505.IS S1505

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1 erwise suited to the unique operational requirements of 

2 the border patrol. 

3 (b) RADIO EQUIPMENT.—The Secretary shall aug4 ment the existing radio communications system so that all 

5 law enforcement personnel, including personnel of United 

6 States Immigration and Customs Enforcement, working 

7 in each area where border patrol operations are conducted 

8 have clear and encrypted 2-way radio communication ca9 pabilities at all times. Each portable communications de10 vice shall be equipped with a panic button and a global 

11 positioning system device that is activated solely in emer12 gency situations to track the location of agents in distress. 

13 (c) HANDHELD GLOBAL POSITIONING SYSTEM DE14 VICES.—The Secretary shall ensure that border patrol 

15 agents are issued a state-of-the-art handheld global posi16 tioning system device for navigational purposes. 

17 (d) NIGHT VISION EQUIPMENT.—The Secretary shall 

18 ensure that sufficient quantities of state-of-the-art night 

19 vision equipment are procured and maintained to enable 

20 each border patrol agent working during the hours of 

21 darkness to be equipped with a portable night vision de22 vice. 

23 SEC. 124. PERSONAL EQUIPMENT. 

24 (a) BODY ARMOR.—The Secretary shall ensure 

25 that— 


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1 (1) every border patrol agent on duty is issued 

2 high-quality body armor that is appropriate for the 

3 climate and risks faced by such agent; and 

4 (2) sufficient body armor is purchased to cover 

5 every such agent in the field. 

6 (b) WEAPONS.—The Secretary shall ensure that— 

7 (1) border patrol agents are equipped with 

8 weapons that are reliable and effective to protect 

9 themselves, their fellow agents, and innocent third 

10 parties from the threats posed by armed criminals; 

11 (2) that the policies of the Department author12 ize all such agents to carry weapons that are suited 

13 to the potential threats faced by such agents; and 

14 (3) each such agent receives appropriate train15 ing in the use of such weapons. 

16 (c) UNIFORMS.—The Secretary shall ensure that— 

17 (1) each border patrol agent is provided with all 

18 necessary uniform items, including outerwear suited 

19 to the climate, footwear, belts, holsters, and personal 

20 protective equipment, at no cost to such agent; and 

21 (2) such items shall be replaced at no cost to 

22 such agent as such items become worn or unservice23 able or no longer fit properly. 


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1 SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for each of the fis4 cal years 2010 through 2014 to carry out this subtitle. 

5 Subtitle D—Border Infrastructure 

6 and Technology Modernization 

7 SEC. 131. DEFINITIONS. 

8 In this subtitle: 

9 (1) COMMISSIONER.—The term ‘‘Commis10 sioner’’ means the Commissioner of United States 

11 Customs and Border Protection. 

12 (2) NORTHERN BORDER.—The term ‘‘northern 

13 border’’ means the international border between the 

14 United States and Canada. 

15 (3) SOUTHERN BORDER.—The term ‘‘southern 

16 border’’ means the international border between the 

17 United States and Mexico. 

18 SEC. 132. EXPANSION OF COMMERCE SECURITY PRO19 GRAMS. 

20 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER21 RORISM.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this Act, the Commis24 sioner, in consultation with the Secretary, shall de25 velop a plan to expand the programs of the Cus26 toms-Trade Partnership Against Terrorism estabVerDate Nov 24 2008 05:11 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1505.IS S1505

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1 lished pursuant to section 211 of the SAFE Port 

2 Act (6 U.S.C. 961), including adding additional per3 sonnel for such programs, along the northern border 

4 and southern border, including the following pro5 grams: 

6 (A) The Americas Counter Smuggling Ini7 tiative established by the United States Cus8 toms and Border Protection. 

9 (B) The Business Anti-Smuggling Coali10 tion alliance established by the United States 

11 Customs and Border Protection. 

12 (C) The Carrier Initiative Program estab13 lished by the United States Customs and Bor14 der Protection. 

15 (D) The Container Security Initiative es16 tablished pursuant to section 205 of the SAFE 

17 Port Act (6 U.S.C. 945). 

18 (E) The Free and Secure Trade Initiative 

19 carried out by the United States Customs and 

20 Border Protection. 

21 (F) Other industry partnership programs 

22 administered by the Commissioner. 

23 (b) DEMONSTRATION PROGRAM.—Not later than 180 

24 days after the date of enactment of this Act, the Commis25 sioner shall establish a demonstration program to develop 


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1 a cooperative trade security system to improve supply 

2 chain security. 

3 Subtitle E—Other Border Security 

4 Initiatives 

5 SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVEN6 TION. 

7 (a) CHECKS AGAINST TERRORIST WATCHLIST.—Per8 sonnel of the Department shall check against all available 

9 terrorist watchlists those alien smugglers and smuggled 

10 individuals who are interdicted at the land, air, and sea 

11 borders of the United States. 

12 (b) STRENGTHENING PROSECUTION AND PUNISH13 MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im14 migration and Nationality Act (8 U.S.C. 1324(a)) is 

15 amended— 

16 (1) by striking the subsection heading and in17 serting ‘‘SMUGGLING OF UNLAWFUL AND TER18 RORIST ALIENS.—’’; 

19 (2) in striking paragraph (1) and inserting the 

20 following: 

21 ‘‘(1) BRINGING IN AND HARBORING ALIENS.— 

22 ‘‘(A) IN GENERAL.—Whoever, knowing or 

23 in reckless disregard of the fact that an indi24 vidual is an alien who lacks lawful authority to 


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1 come to, enter, or reside in the United States, 

2 knowingly— 

3 ‘‘(i) brings that individual to the 

4 United States in any manner whatsoever 

5 regardless of any future official action 

6 which may be taken with respect to such 

7 alien; 

8 ‘‘(ii) recruits, encourages, or induces 

9 that individual to come to, enter, or reside 

10 in the United States; 

11 ‘‘(iii) transports or moves that indi12 vidual in the United States, in furtherance 

13 of their unlawful presence; or 

14 ‘‘(iv) harbors, conceals, or shields 

15 from detection the individual in any place 

16 in the United States, including any build17 ing or any means of transportation, or at18 tempts or conspires to do so, shall be pun19 ished as provided in subparagraph (C). 

20 ‘‘(B) ENTRY OTHER THAN AT A PORT OF

21 ENTRY.—Whoever, knowing that an individual 

22 is an alien, brings that individual to the United 

23 States in any manner whatsoever at a place 

24 other than a designated port of entry or place 

25 other than as designated by the Secretary of 


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1 Homeland Security, regardless of whether such 

2 alien has received prior official authorization to 

3 come to, enter, or reside in the United States 

4 and regardless of any future official action 

5 which may be taken with respect to such alien, 

6 or attempts or conspires to do so, shall be pun7 ished as provided in subparagraph (C). 

8 ‘‘(C) PENALTIES.—A violator of this para9 graph shall, for each alien in respect to whom 

10 such a violation occurs— 

11 ‘‘(i) unless the offense is otherwise de12 scribed in another clause of this subpara13 graph, be fined under title 18, United 

14 States Code or imprisoned not more than 

15 5 years, or both; 

16 ‘‘(ii) if the offense involved the transit 

17 of the defendant’s spouse, child, sibling, 

18 parent, grandparent, or niece or nephew, 

19 and the offense is not described in any of 

20 clauses (iii) through (vii), be fined under 

21 title 18, United States Code or imprisoned 

22 not more than 1 year, or both; 

23 ‘‘(iii) if the offense is a violation of 

24 clause (ii), (iii), or (iv) of paragraph (1)(A) 

25 or paragraph (1)(B), and was committed 


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1 for the purpose of profit, commercial ad2 vantage, or private financial gain, be fined 

3 under title 18, United States Code or im4 prisoned not more than 10 years, or both; 

5 ‘‘(iv) if the offense is a violation of 

6 paragraph (1)(A)(i) and was committed for 

7 the purpose of profit, commercial advan8 tage, or private financial gain, or if the of9 fense was committed with the intent or 

10 reason to believe that the individual unlaw11 fully brought into the United States will 

12 commit an offense against the United 

13 States or any State that is punishable by 

14 imprisonment for more than 1 year, be 

15 fined under title 18, United States Code, 

16 and imprisoned, in the case of a first or 

17 second violation, not less than 3 nor more 

18 than 10 years, and for any other violation, 

19 not less than 5 nor more than 15 years; 

20 ‘‘(v) if the offense results in serious 

21 bodily injury (as defined in section 1365 of 

22 title 18, United States Code) or places in 

23 jeopardy the life of any person, be fined 

24 under title 18, United States Code or im25 prisoned not more than 20 years, or both; 


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1 ‘‘(vi) if the offense involved an indi2 vidual who the defendant knew was en3 gaged in or intended to engage in terrorist 

4 activity (as defined in section 

5 212(a)(3)(B)), be fined under title 18, 

6 United States Code or imprisoned not 

7 more than 30 years, or both; 

8 ‘‘(vii) if the offense involves kid9 naping, an attempt to kidnap, the conduct 

10 required for aggravated sexual abuse (as 

11 described in section 2241 of title 18, 

12 United States Code, without regard to 

13 where it takes place), or an attempt to 

14 commit such abuse, or an attempt to kill, 

15 be imprisoned by any term of years or for 

16 life, fined under title 18, United States 

17 Code, or both; and 

18 ‘‘(viii) if the offense results in the 

19 death of any person, be punished by death 

20 or imprisoned for any term of years or for 

21 life, fined under title 18, United States 

22 Code, or both.’’; and 

23 (3) by striking paragraph (2) and inserting the 

24 following: 


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1 ‘‘(2) JURISDICTION; OFFENSES ON THE HIGH

2 SEAS; DEFINITIONS.— 

3 ‘‘(A) EXTRATERRITORIAL JURISDICTION.— 

4 There is extraterritorial jurisdiction over the of5 fenses described in paragraph (1). 

6 ‘‘(B) OFFENSE ON THE HIGH SEAS.—In a 

7 prosecution for a violation of, or an attempt or 

8 conspiracy to violate subsection (a)(1)(A)(i), 

9 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the 

10 high seas, no defense based on necessity can be 

11 raised unless the defendant— 

12 ‘‘(i) as soon as practicable, reported 

13 to the Coast Guard the circumstances of 

14 the necessity, and if a rescue is claimed, 

15 the name, description, registry number, 

16 and location of the vessel engaging in the 

17 rescue; and 

18 ‘‘(ii) did not bring, attempt to bring, 

19 or in any manner intentionally facilitate 

20 the entry of any alien into the land terri21 tory of the United States without lawful 

22 authority, unless exigent circumstances ex23 isted that placed the life of that alien in 

24 danger, in which case the reporting re25 quirement set forth in clause (i) of this 


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1 subparagraph is satisfied by notifying the 

2 Coast Guard as soon as practicable after 

3 delivering the alien to emergency medical 

4 or law enforcement personnel ashore. 

5 ‘‘(C) DEFINITIONS.—In this paragraph 

6 and in paragraph (1): 

7 ‘‘(i) LAWFUL AUTHORITY.—The term 

8 ‘lawful authority’ means permission, au9 thorization, or waiver that is expressly pro10 vided for in the immigration laws of the 

11 United States or the regulations prescribed 

12 under those laws and does not include any 

13 such authority secured by fraud or other14 wise obtained in violation of law or author15 ity that has been sought but not approved. 

16 ‘‘(ii) UNITED STATES.—The term 

17 ‘United States’ means the several States, 

18 the District of Columbia, the Common19 wealth of Puerto Rico, Guam, American 

20 Samoa, the United States Virgin Islands, 

21 the Commonwealth of the Northern Mar22 iana Islands, and any other territory or 

23 possession of the United States.’’. 

24 (c) MARITIME LAW ENFORCEMENT.— 


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1 (1) PENALTIES.—Subsection (b) of section 

2 2237 of title 18, United States Code, is amended to 

3 read as follows: 

4 ‘‘(b)(1) Whoever intentionally violates this section 

5 shall, unless the offense is described in paragraph (2), be 

6 fined under this title or imprisoned for not more than 5 

7 years, or both. 

8 ‘‘(2) If the offense— 

9 ‘‘(A) is committed in the course of a violation 

10 of section 274 of the Immigration and Nationality 

11 Act (alien smuggling) (8 U.S.C. 1324); chapter 77 

12 (peonage, slavery, and trafficking in persons), sec13 tion 111 (shipping), 111A (interference with ves14 sels), 113 (stolen property), or 117 (transportation 

15 for illegal sexual activity) of this title; chapter 705 

16 (maritime drug law enforcement) of title 46, or title 

17 II of the Act of June 15, 1917 (chapter 30; 40 Stat. 

18 220), the offender shall be fined under this title or 

19 imprisoned for not more than 10 years, or both; 

20 ‘‘(B) results in serious bodily injury (as defined 

21 in section 1365 of this title) or transportation under 

22 inhumane conditions, the offender shall be fined 

23 under this title, imprisoned not more than 15 years, 

24 or both; or 


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1 ‘‘(C) results in death or involves kidnaping, an 

2 attempt to kidnap, the conduct required for aggra3 vated sexual abuse (as defined in section 2241 with4 out regard to where it takes place), or an attempt 

5 to commit such abuse, or an attempt to kill, be fined 

6 under such title or imprisoned for any term of years 

7 or life, or both.’’. 

8 (2) LIMITATION ON NECESSITY DEFENSE.— 

9 Section 2237(c) of title 18, United States Code, is 

10 amended— 

11 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

12 (B) by adding at the end the following: 

13 ‘‘(2) In a prosecution for a violation of this section, 

14 no defense based on necessity can be raised unless the de15 fendant— 

16 ‘‘(A) as soon as practicable upon reaching 

17 shore, delivered the person with respect to which the 

18 necessity arose to emergency medical or law enforce19 ment personnel; 

20 ‘‘(B) as soon as practicable, reported to the 

21 Coast Guard the circumstances of the necessity re22 sulting giving rise to the defense; and 

23 ‘‘(C) did not bring, attempt to bring, or in any 

24 manner intentionally facilitate the entry of any alien, 

25 as that term is defined in section 101(a)(3) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(3)), into the land territory of the United 

3 States without lawful authority, unless exigent cir4 cumstances existed that placed the life of that alien 

5 in danger, in which case the reporting requirement 

6 of subparagraph (B) is satisfied by notifying the 

7 Coast Guard as soon as practicable after delivering 

8 that person to emergency medical or law enforce9 ment personnel ashore.’’. 

10 (3) DEFINITION.—Section 2237(e) of title 18, 

11 United States Code, is amended— 

12 (A) by striking ‘‘and’’ at the end of para13 graph (3); 

14 (B) by striking the period at the end of 

15 paragraph (4) and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(5) the term ‘transportation under inhumane 

18 conditions’ means the transportation of persons in 

19 an engine compartment, storage compartment, or 

20 other confined space, transportation at an excessive 

21 speed, transportation of a number of persons in ex22 cess of the rated capacity of the means of transpor23 tation, or intentionally grounding a vessel in which 

24 persons are being transported.’’. 


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1 (d) AMENDMENT TO THE SENTENCING GUIDE2 LINES.— 

3 (1) IN GENERAL.—Pursuant to its authority 

4 under section 994 of title 28, United States Code, 

5 and in accordance with this subsection, the United 

6 States Sentencing Commission shall review and, if 

7 appropriate, amend the sentencing guidelines and 

8 policy statements applicable to persons convicted of 

9 alien smuggling offenses and criminal failure to 

10 heave to or obstruction of boarding. 

11 (2) CONSIDERATIONS.—In carrying out this 

12 subsection, the Sentencing Commission, shall— 

13 (A) consider providing sentencing enhance14 ments or stiffening existing enhancements for 

15 those convicted of offenses described in para16 graph (1) of this subsection that— 

17 (i) involve a pattern of continued and 

18 flagrant violations; 

19 (ii) are part of an ongoing commercial 

20 organization or enterprise; 

21 (iii) involve aliens who were trans22 ported in groups of 10 or more; 

23 (iv) involve the transportation or 

24 abandonment of aliens in a manner that 

25 endangered their lives; or 


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1 (v) involve the facilitation of terrorist 

2 activity; and 

3 (B) consider cross-references to the guide4 lines for Criminal Sexual Abuse and Attempted 

5 Murder. 

6 (3) EXPEDITED PROCEDURES.—The Commis7 sion may promulgate the guidelines or amendments 

8 under this subsection in accordance with the proce9 dures set forth in section 21(a) of the Sentencing 

10 Act of 1987, as though the authority under that Act 

11 had not expired. 

12 SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

13 (a) DEFINITIONS.—In this section: 

14 (1) PROTECTED LAND.—The term ‘‘protected 

15 land’’ means land under the jurisdiction of the Sec16 retary concerned. 

17 (2) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means— 

19 (A) with respect to land under the jurisdic20 tion of the Secretary of Agriculture, the Sec21 retary of Agriculture; and 

22 (B) with respect to land under the jurisdic23 tion of the Secretary of the Interior, the Sec24 retary of the Interior. 


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1 (b) BORDER PROTECTION STRATEGY.—The Sec2 retary, the Secretary of the Interior, and the Secretary 

3 of Agriculture shall jointly develop a border protection 

4 strategy that supports the border security needs of the 

5 United States in the manner that best protects— 

6 (1) units of the National Park System; 

7 (2) National Forest System land; 

8 (3) land under the jurisdiction of the United 

9 States Fish and Wildlife Service and Bureau of 

10 Land Management; and 

11 (4) other relevant land under the jurisdiction of 

12 the Secretary of the Interior or the Secretary of Ag13 riculture. 

14 (c) ADDITIONAL UNIFORMED LAW ENFORCEMENT

15 OFFICERS AND SPECIAL AGENTS OF THE DEPARTMENT

16 OF THE INTERIOR.—There are authorized to be appro17 priated to the Secretary of the Interior for employment 

18 of uniformed law enforcement officers and special agents, 

19 in addition to the number of such officers and agents em20 ployed immediately before the date of the enactment of 

21 this Act, such sums as may be necessary for— 

22 (1) 22 such officers of the United States Fish 

23 and Wildlife Service, including— 

24 (A) 4 for California; 

25 (B) 9 for Arizona; 


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1 (C) 2 for New Mexico; and 

2 (D) 7 for Texas; 

3 (2) 2 such agents of the United States Fish 

4 and Wildlife Service, for Texas; 

5 (3) 22 such officers of the National Park Serv6 ice, including— 

7 (A) 13 for Arizona; and 

8 (B) 9 for Texas; 

9 (4) 2 such agents of the National Park Service, 

10 for Texas; 

11 (5) 19 such officers of the Bureau of Land 

12 Management, including— 

13 (A) 5 for California; 

14 (B) 4 for Arizona; 

15 (C) 4 for New Mexico; and 

16 (D) 6 for Texas; 

17 (6) 2 such agents of the Bureau of Land Man18 agement, including— 

19 (A) 1 for California; 

20 (B) 2 for Arizona; and 

21 (C) 1 for New Mexico; and 

22 (7) 1 such agent of the Bureau of Indian Af23 fairs, for Texas. 

24 (d) ADDITIONAL SPECIAL ASSISTANT UNITED

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1 priated to the Attorney General such sums as may be nec2 essary to increase by 1 the number of special assistant 

3 United States attorneys in the district of Arizona dedi4 cated to prosecution of cases generated by the Secretary 

5 of Interior, in addition to the number of such attorneys 

6 employed immediately before the date of the enactment 

7 of this Act. 

8 TITLE II—ENDING UNLAWFUL 

9 EMPLOYMENT 

10 Subtitle A—Employee Verification 

11 SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION 

12 VERIFICATION. 

13 (a) MAKING BASIC PILOT PROGRAM PERMANENT.— 

14 Section 401(b) of the Illegal Immigration Reform and Im15 migrant Responsibility Act of 1996 (division C of Public 

16 Law 104–208; 8 U.S.C. 1324a note) is amended by add17 ing before the period at the end of the last sentence the 

18 following ‘‘, except that the basic pilot program described 

19 in section 403(a) shall be a permanent program’’. 

20 (b) MANDATORY USE OF E-VERIFY PROGRAM.— 

21 (1) IN GENERAL.— 

22 (A) REQUIREMENT FOR EMPLOYERS.— 

23 Subject to paragraphs (2) and (3), every person 

24 or other entity that hires one or more individ25 uals for employment in the United States shall 


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1 verify through the basic pilot program by sec2 tion 403(a) of the Illegal Immigration Reform 

3 and Immigrant Responsibility Act of 1996 (di4 vision C of Public Law 104–208; 8 U.S.C. 

5 1324a note) (referred to in this subtitle as the 

6 ‘‘E-Verify program’’), that each such individual 

7 is authorized to work in the United States. 

8 (B) REQUIREMENT FOR TELEPHONE

9 VERIFICATION.—The Secretary establish a toll10 free telephone system that an employer may use 

11 to verify employment eligibility through the E12 Verify program. 

13 (2) INITIAL ENTITIES REQUIRED TO USE E14 VERIFY.—The following entities shall satisfy the re15 quirement in paragraph (1)(A) not later than two 

16 years after the date of the enactment of this Act: 

17 (A) FEDERAL AGENCIES.—Each depart18 ment and agency of the Federal Government. 

19 (B) FEDERAL CONTRACTORS.—A con20 tractor that— 

21 (i) has entered into a contract with 

22 the Federal Government to which section 

23 2(b)(1) of the Service Contract Act of 

24 1965 (41 U.S.C. 351(b)(1)) applies, and 

25 any subcontractor under such contract; or 


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1 (ii) has entered into a contract ex2 empted from the application of such Act by 

3 section 6 of such Act (41 U.S.C. 356), and 

4 any subcontractor under such contract. 

5 (C) LARGE EMPLOYERS.—An employer 

6 that employs more than 250 individuals in the 

7 United States. 

8 (3) SCHEDULE FOR OTHER ENTITIES.— 

9 (A) THREE YEARS FOR EMPLOYERS OF 100

10 OR MORE.—Entities that employ 100 or more 

11 individuals in the United States shall satisfy the 

12 requirement in paragraph (1)(A) not later than 

13 three years after the date of the enactment of 

14 this Act. 

15 (B) FOUR YEARS FOR EMPLOYERS WITH 30

16 OR MORE EMPLOYEES.—All entities that employ 

17 30 or more individuals in the United States 

18 must satisfy the requirement in paragraph 

19 (1)(A) not later than four years after the date 

20 of the enactment of this Act. 

21 (C) FIVE YEARS FOR ALL EMPLOYERS.— 

22 All entities that employ one or more individuals 

23 in the United States must satisfy the require24 ment in paragraph (1)(A) not later than five 


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1 years after the date of the enactment of this 

2 Act. 

3 (4) VERIFYING EMPLOYMENT AUTHORIZATION

4 OF CURRENT EMPLOYEES.—Every person or other 

5 entity that employs one or more persons in the 

6 United States shall verify through the E-Verify pro7 gram by not later than five years after the date of 

8 the enactment of this Act that each employee of 

9 such person or other entity is authorized to work in 

10 the United States. 

11 (5) DEFENSES.— 

12 (A) COMPLIANCE WITH SECTION 274A OF

13 THE IMMIGRATION AND NATIONALITY ACT.—In 

14 accordance with section 274A(a)(3) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1324a(a)(3)), a person or other entity that es17 tablishes that it has complied in good faith with 

18 the requirements of section 274A(b) of such 

19 Act with respect to the hiring, recruiting, or re20 ferral for employment of an alien in the United 

21 States has established an affirmative defense 

22 that the person or entity has not violated sec23 tion 274A(a)(1)(A) of such Act with respect to 

24 such hiring, recruiting or referral. 


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1 (B) COMPLIANCE WITH THE E-VERIFY

2 PROGRAM.—A person or other entity that has 

3 complied with the requirements in paragraphs 

4 (1) and (4) shall not be liable for hiring an 

5 alien who is not eligible for employment in the 

6 United States, if— 

7 (i) such hiring occurred due to an 

8 error in the E-Verify program that was un9 known to the person or other entity at the 

10 time of such hiring; and 

11 (ii) the person or other entity termi12 nates the employment of such alien upon 

13 being informed of the error referred to in 

14 clause (i). 

15 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

16 failure of a person or other entity to comply with the 

17 requirements in paragraphs (1) or (4) shall— 

18 (A) be treated as a violation of section 

19 274A(a)(1)(B) of the Immigration and Nation20 ality Act (8 U.S.C. 1324a(a)(1)(B)), with re21 spect to each offense; and 

22 (B) create a rebuttable presumption that 

23 the employer has violated section 274A(a)(1)(A) 

24 of such Act. 


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1 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

2 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.— 

3 Nothing in this subsection shall be construed as pre4 venting a person or other entity that is not subject 

5 to the requirement of paragraph (1) pursuant to 

6 paragraph (2) or (3) from voluntarily using the E7 Verify program to verify the employment authoriza8 tion of new or current employees. 

9 (8) STATE INTERFERENCE.—No State may 

10 prohibit a person or other entity from using the E11 verify program to verify the employment authoriza12 tion of new or current employees. 

13 (9) STUDY.— 

14 (A) FINDINGS.—The Congress makes the 

15 following findings: 

16 (i) A majority of tentative non-con17 firmations that are issued by the E-Verify 

18 program occur due to incorrect or outdated 

19 information in the databases utilized by 

20 the E-Verify program. 

21 (ii) Such incorrect or outdated infor22 mation includes instances in which an indi23 vidual has changed his or her name legally 

24 but has not updated his or her Social Se25 curity information to account for that 


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1 change that results in the individual receiv2 ing a tentative non-confirmation of his or 

3 her eligibility for employment through the 

4 E-Verify program. 

5 (iii) The E-Verify program provides 

6 employers and employees with simple and 

7 clear instructions on how inconsistencies in 

8 data can be corrected in order to verify the 

9 work eligibility of an employee. 

10 (iv) Providing an individual the ability 

11 to verify his or her own employment eligi12 bility in advance of an official query of the 

13 E-Verify program by an employer would 

14 allow that individual to correct data errors 

15 at his or her convenience and may also 

16 serve to lessen peak demand on Social Se17 curity Administration field offices. 

18 (B) GAO STUDY ON SELF-VERIFICATION

19 OF E-VERIFY PROGRAM.—Not later than six 

20 months after the date of the enactment of this 

21 Act, the Comptroller General of the United 

22 States shall— 

23 (i) conduct a study to examine the po24 tential of a secure method of allowing indi25 viduals to check their own work eligibility, 


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1 so that they can address inconsistencies in 

2 their personal data that might otherwise 

3 cause them to be issued a tentative non4 confirmation under the E-Verify program; 

5 and 

6 (ii) publish the results of the study re7 quired by clause (i). 

8 (C) GAO STUDY ON COMBATING DOCU9 MENT FRAUD, THEFT, AND FORGERY.—Not 

10 later than six months after the date of the en11 actment of this Act, the Comptroller General of 

12 the United States shall— 

13 (i) conduct a study to examine meth14 ods to combat document fraud, theft, and 

15 forgery in the use and expansion of the E16 Verify program; and 

17 (ii) publish the results of the study re18 quired by clause (i), including any rec19 ommendations of the Comptroller to the 

20 appropriate agencies on methods to reduce 

21 instances of document fraud, theft, and 

22 forgery related to the E-Verify program. 

23 SEC. 202. MONITORING AND COMPLIANCE. 

24 (a) ENHANCING MONITORING AND COMPLIANCE OF

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1 lowing actions to increase the capability and effectiveness 

2 of the E-Verify Employer Monitoring and Compliance 

3 team within United States Citizenship and Immigration 

4 Services: 

5 (1) Increase by no more than 6 the number of 

6 full-time employees dedicated to the development of 

7 thresholds and algorithms and quality assurance 

8 procedures for the monitoring of employer adherence 

9 to the conditions that are currently outlined in the 

10 E-Verify Program for Employment Verification 

11 Memorandum of Understanding. 

12 (2) Increase as necessary the number of full13 time employees dedicated to outreach to employers 

14 using the E-Verify program and the creation of in15 formational tools and corrective action procedures 

16 that will provide compliance assistance to these em17 ployers. Such employees may also be utilized in the 

18 operation of the toll-free compliance assistance call 

19 center. 

20 (3) Establish procedures for the identification 

21 of cases of potential fraud or misuse of the E-Verify 

22 program. 

23 (4) Establish procedures for the sharing of in24 formation on these selected cases with United States 


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1 Immigration and Customs Enforcement for further 

2 investigation, as necessary. 

3 (b) REQUIREMENT FOR REPORT.—Not later than 

4 one year after the date of enactment of this Act, the Sec5 retary shall submit to Congress a report on the activities 

6 of the Office of Monitoring and Compliance that in7 cludes— 

8 (1) a description of the types of fraud and mis9 use being detected by the thresholds and algorithms 

10 used for employee monitoring within the Office; 

11 (2) the number and type of cases flagged by the 

12 Office and issued to United States Immigration and 

13 Customs Enforcement, as well as the outcome of 

14 these cases; and 

15 (3) an assessment of the number and the na16 ture of calls received by the toll-free compliance as17 sistance call center. 

18 SEC. 203. MANDATORY NOTIFICATION OF SOCIAL SECURITY 

19 ACCOUNT NUMBER MISMATCHES AND MUL20 TIPLE USES. 

21 (a) NOTIFICATION OF MULTIPLE USES OF INDI22 VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.—Prior to 

23 crediting any individual with concurrent earnings from 

24 more than one employer, the Commissioner of Social Secu25 rity shall notify the individual that earnings from two or 


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1 more employers are being reported under the individual’s 

2 Social Security account number. Such notice shall— 

3 (1) include the name and location of each such 

4 employer; 

5 (2) inform the individual that inaccuracies in 

6 employment information may indicate that the indi7 vidual’s Social Security account number is being 

8 fraudulently used by another individual; 

9 (3) explain any potential risk that an individual 

10 is subject to if the individual’s Social Security ac11 count number has been or is being used by another 

12 individual; and 

13 (4) provide a telephone number that an indi14 vidual may call to report inaccuracies in the use of 

15 the individual’s Social Security account number. 

16 (b) INFORMATION SHARING.— 

17 (1) REQUIREMENT TO PROVIDE INFORMA18 TION.—Not later than 180 days after the date of the 

19 enactment of this Act, the Commissioner of Social 

20 Security shall promulgate regulations in accordance 

21 with section 1106 of the Social Security Act (42 

22 U.S.C. 1306) to require that information regarding 

23 all multiple use notifications that lead to the identi24 fication of an unauthorized user of a Social Security 

25 account number be shared with the Secretary on a 


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1 timely basis. Such information shall include the 

2 name and mailing address of each individual who 

3 is— 

4 (A) the subject of an unresolved mismatch 

5 notification; or 

6 (B) an unauthorized user of another indi7 vidual’s Social Security account number. 

8 (2) ANNUAL REPORT.—Not later than one year 

9 after the date of the enactment of this Act, and an10 nually thereafter, the Secretary shall report to Con11 gress on the information shared with the Secretary 

12 by the Commissioner of Social Security pursuant to 

13 paragraph (1) regarding unauthorized users of a So14 cial Security account number and the actions that 

15 have been taken to resolve such unauthorized use. 

16 SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

17 DEATH REGISTRATION SYSTEMS. 

18 In consultation with the Secretary of Health and 

19 Human Services and the Commissioner of Social Security, 

20 the Secretary shall take the following actions: 

21 (1) Work with the States to establish a common 

22 data set and common data exchange protocol for 

23 electronic birth registration systems and death reg24 istration systems. 


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1 (2) Coordinate requirements for such systems 

2 to align with a national model. 

3 (3) Ensure that fraud prevention is built into 

4 the design of electronic vital registration systems in 

5 the collection of vital event data, the issuance of 

6 birth certificates, and the exchange of data among 

7 government agencies. 

8 (4) Ensure that electronic systems for issuing 

9 birth certificates, in the form of printed abstracts of 

10 birth records or digitized images, employ a common 

11 format of the certified copy, so that those requiring 

12 such documents can quickly confirm their validity. 

13 (5) Establish uniform field requirements for 

14 State birth registries. 

15 (6) Not later than 1 year after the date of the 

16 enactment of this Act, establish a process with the 

17 Department of Defense that will result in the shar18 ing of data, with the States and the Social Security 

19 Administration, regarding deaths of United States 

20 military personnel and the birth and death of their 

21 dependents. 

22 (7) Not later than 1 year after the date of the 

23 enactment of this Act, establish a process with the 

24 Department of State to improve registration, notifi25 cation, and the sharing of data with the States and 


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1 the Social Security Administration, regarding births 

2 and deaths of United States citizens in foreign coun3 tries. 

4 (8) Not later than 3 years after the date of es5 tablishment of databases provided for under this sec6 tion, require States to record and retain electronic 

7 records of pertinent identification information col8 lected from requesters who are not the registrants. 

9 (9) Not later than 6 months after the date of 

10 the enactment of this Act, submit to Congress a re11 port on whether there is a need for Federal laws to 

12 address penalties for fraud and misuse of vital 

13 records and whether violations are sufficiently en14 forced. 

15 SEC. 205. PENALTY FOR FAILURE TO FILE CORRECT INFOR16 MATION RETURNS. 

17 (a) IN GENERAL.—Section 6721 of the Internal Rev18 enue Code of 1986 (relating to failure to file correct infor19 mation returns) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(f) INFORMATION RETURNS RELATING TO EMPLOY22 MENT OF UNAUTHORIZED ALIENS.— 

23 ‘‘(1) ENFORCEMENT EFFORT.—The Secretary 

24 shall assess the maximum allowable penalties under 

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1 ignated in any taxable year by the Social Security 

2 Administration as the most egregious noncompliant 

3 taxpayers employing unauthorized aliens. 

4 ‘‘(2) PENALTY IN CASE OF EMPLOYMENT OF

5 UNAUTHORIZED ALIENS.—Notwithstanding any 

6 other provision in this section, in the case of a fail7 ure described in subsection (a)(2) with respect to 

8 any person employing an alien not authorized to be 

9 so employed, the penalty under this section shall be 

10 determined in accordance with the following table: 

‘‘In the case of— Not less than— Not more than— 

The first offense ............. $2,500 ........................... $5,000 

The second offense ......... $7,500 ........................... $10,000 

The third offense ............ $25,000 ......................... $40,000.’’ 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply to returns the due date for which 

13 (determined without to extensions) is after the date of the 

14 enactment of this Act. 

15 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as may be required to carry out this subtitle. 


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1 Subtitle B—Nondeductibility of 

2 Wages Paid to Unauthorized Aliens 

3 SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAU4 THORIZED ALIENS MAY NOT BE DEDUCTED 

5 FROM GROSS INCOME. 

6 (a) IN GENERAL.—Subsection (c) of section 162 of 

7 the Internal Revenue Code of 1986 (relating to illegal 

8 bribes, kickbacks, and other payments) is amended by 

9 adding at the end the following new paragraph: 

10 ‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU11 THORIZED ALIENS.— 

12 ‘‘(A) IN GENERAL.—No deduction shall be 

13 allowed under subsection (a) for any wage paid 

14 to or on behalf of an unauthorized alien, as de15 fined under section 274A(h)(3) of the Immigra16 tion and Nationality Act (8 U.S.C. 

17 1324a(h)(3)). 

18 ‘‘(B) WAGES.—For the purposes of this 

19 paragraph, the term ‘wages’ means all remu20 neration for employment, including the cash 

21 value of all remuneration (including benefits) 

22 paid in any medium other than cash. 

23 ‘‘(C) SAFE HARBOR.—If a person or other 

24 entity is participating in the basic pilot program 

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1 tion Reform and Immigrant Responsibility Act 

2 of 1996 (8 U.S.C. 1324a note) and obtains con3 firmation of identity and employment eligibility 

4 in compliance with the terms and conditions of 

5 the program with respect to the hiring (or re6 cruitment or referral) of an employee, subpara7 graph (A) shall not apply with respect to wages 

8 paid to such employee.’’. 

9 (b) SIX-YEAR LIMITATION ON ASSESSMENT AND

10 COLLECTION.—Subsection (c) of section 6501 of the In11 ternal Revenue Code of 1986 (relating to exceptions) is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(11) DEDUCTION CLAIMED FOR WAGES PAID

15 TO UNAUTHORIZED ALIENS.—In the case of a return 

16 of tax on which a deduction is shown in violation of 

17 section 162(c)(4), any tax under chapter 1 may be 

18 assessed, or a proceeding in court for the collection 

19 of such tax may be begun without assessment, at 

20 any time within 6 years after the return was filed.’’. 

21 (c) USE OF DOCUMENTATION FOR ENFORCEMENT

22 PURPOSES.—Section 274A of the Immigration and Na23 tionality Act (8 U.S.C. 1324a) is amended— 


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1 (1) in subparagraph (b)(5), by inserting ‘‘, sec2 tion 162(c)(4) of the Internal Revenue Code of 

3 1986,’’ after ‘‘enforcement of this Act’’; 

4 (2) in subparagraph (d)(2)(F), by inserting ‘‘, 

5 section 162(c)(4) of the Internal Revenue Code of 

6 1986,’’ after ‘‘enforcement of this Act’’; and 

7 (3) in subparagraph (d)(2)(G), by inserting 

8 ‘‘section 162(c)(4) of the Internal Revenue Code of 

9 1986 or’’ after ‘‘or enforcement of’’. 

10 (d) AVAILABILITY OF INFORMATION.—The Commis11 sioner of Social Security and the Secretary shall make 

12 available to the Commissioner of Internal Revenue any in13 formation related to the investigation and enforcement of 

14 section 162(c)(4) of the Internal Revenue Code of 1986, 

15 including any no-match letter and any information in the 

16 earnings suspense file. 

17 (e) EFFECTIVE DATES.— 

18 (1) Except as provided in paragraph (2), this 

19 section and the amendments made by this section 

20 shall take effect on the date of the enactment of this 

21 Act. 

22 (2) The amendments made by subsections (a) 

23 and (b) shall apply to taxable years beginning after 

24 the date of the enactment of this Act. 


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1 TITLE III—ENHANCING AND 

2 FULLY UTILIZING METHODS 

3 OF INTERIOR ENFORCEMENT 

4 SEC. 301. INCREASE INVESTIGATIVE EFFORTS. 

5 (a) FEDERAL AGENTS.—The Secretary shall provide 

6 for an additional 1,150 agents for United States Immigra7 tion and Customs Enforcement to enforce United States 

8 immigration laws and punish those who violate them. 

9 (b) CRIMINAL ALIEN PROGRAM.—The Secretary 

10 shall provide for an additional 140 officers for the criminal 

11 alien program who are authorized to identify and remove 

12 criminal aliens encountered in Federal, State, and local 

13 detention facilities. 

14 (c) STATE AND LOCAL LAW ENFORCEMENT SUP15 PORT.—The Secretary shall provide for the training of not 

16 less than 250 State or local law enforcement officers in 

17 Federal immigration law enforcement procedures. 

18 SEC. 302. INCREASED OVERSIGHT OF AGENTS. 

19 To ensure the ability of United States Immigration 

20 and Customs Enforcement and United States Customs 

21 and Border Patrol to enforce integrity and ethical behav22 ior throughout their expanded ranks, the Secretary shall 

23 increase by not less than eight the number of special 

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1 bility of the United States Immigration and Customs En2 forcement. 

3 SEC. 303. BORDER RELIEF GRANT PROGRAM. 

4 (a) IN GENERAL.—The Secretary is authorized to 

5 make grants to— 

6 (1) sheriffs’ offices of counties any part of 

7 which is within 25 miles of the southern inter8 national border of the United States; and 

9 (2) police departments serving a city, town, or 

10 other political subdivision in a county any part of 

11 which is within 25 miles of the southern inter12 national border of the United States, including po13 lice departments of Indian tribes serving a commu14 nity any part of which is within 25 miles of such 

15 border. 

16 (b) USE OF FUNDS.—Grant funds received under 

17 subsection (a) may be used for the following: 

18 (1) To conduct law enforcement operations in 

19 order to enforce criminal laws, prevent and punish 

20 criminal activity, and protect the lives, property, and 

21 security of the people within the jurisdiction of the 

22 grant recipient. 

23 (2) To transfer aliens detained or in the cus24 tody of the grant recipient who are not lawfully 


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1 present in the United States to appropriate Federal 

2 law enforcement officials. 

3 (3) To enforce State and Federal laws relating 

4 to controlled substance trafficking and enforce other 

5 State and Federal criminal laws. 

6 (4) To pay for costs of— 

7 (A) hiring, equipping, training, and other8 wise controlling the operations and deployment 

9 of, law enforcement officials engaged in duties 

10 described in paragraph (1), (2), or (3), or the 

11 costs of paying overtime to such officials; and 

12 (B) detaining, housing, and transporting 

13 aliens who are not lawfully present in the 

14 United States, and who are taken into custody 

15 by the grant recipient, until the aliens are 

16 transferred to appropriate Federal law enforce17 ment officials. 

18 (5) To construct, maintain, or operate detention 

19 facilities to detain aliens who are unlawfully present 

20 in the United States, except that not more than 20 

21 percent of such funds may be used for the construc22 tion or renovation of detention or similar facilities. 

23 (c) APPLICATION.— 

24 (1) IN GENERAL.—Each entity seeking a grant 

25 under this section shall submit an application to the 


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1 Secretary at such time, in such manner, and accom2 panied by such information as the Secretary may 

3 reasonably require. 

4 (2) CONTENTS.—Each application submitted 

5 pursuant to paragraph (1) shall— 

6 (A) describe the activities for which a 

7 grant under this section is sought; and 

8 (B) provide such additional assurances as 

9 the Secretary determines to be essential to en10 sure compliance with the requirements of this 

11 section. 

12 (d) REGULATIONS.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary shall issue 

14 regulations to carry out this section. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section $200,000,000 for fiscal year 2010 and 

18 each succeeding fiscal year. 

19 SEC. 304. REWARDS PROGRAM. 

20 Section 274 of the Immigration and Nationality Act 

21 (8 U.S.C. 1324) is amended by adding at the end the fol22 lowing: 

23 ‘‘(f) REWARDS PROGRAM.— 

24 ‘‘(1) IN GENERAL.—There is established within 

25 the Department of Homeland Security a program 


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1 for the payment of rewards to carry out the pur2 poses of this section. 

3 ‘‘(2) PURPOSE.—The rewards program shall be 

4 designed to assist in the elimination of commercial 

5 operations to produce or sell fraudulent documents 

6 to be used for entering or remaining in the United 

7 States unlawfully and to assist in the investigation, 

8 prosecution, or disruption of a commercial alien 

9 smuggling operation. 

10 ‘‘(3) ADMINISTRATION.—The rewards program 

11 shall be administered by the Secretary of Homeland 

12 Security, in consultation, as appropriate, with the 

13 Attorney General and the Secretary of State. 

14 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis15 cretion of the Secretary of Homeland Security, such 

16 Secretary, in consultation, as appropriate, with the 

17 Attorney General and the Secretary of State, may 

18 pay a reward to any individual who furnishes infor19 mation or testimony leading to— 

20 ‘‘(A) the arrest or conviction of any indi21 vidual conspiring or attempting to produce or 

22 sell fraudulent documents to be used for enter23 ing or remaining in the United States unlaw24 fully or to commit an act of commercial alien 


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1 smuggling involving the transportation of 

2 aliens; 

3 ‘‘(B) the arrest or conviction of any indi4 vidual committing such an act; 

5 ‘‘(C) the arrest or conviction of any indi6 vidual aiding or abetting the commission of 

7 such an act; 

8 ‘‘(D) the prevention, frustration, or favor9 able resolution of such an act, including the dis10 mantling of an operation to produce or sell 

11 fraudulent documents to be used for entering or 

12 remaining in the United States, or commercial 

13 alien smuggling operations, in whole or in sig14 nificant part; or 

15 ‘‘(E) the identification or location of an in16 dividual who holds a key leadership position in 

17 an operation to produce or sell fraudulent docu18 ments to be used for entering or remaining in 

19 the United States unlawfully or a commercial 

20 alien smuggling operation involving the trans21 portation of aliens. 

22 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(A) IN GENERAL.—There are authorized 

24 to be appropriated such sums as may be nec25 essary to carry out this subsection. 


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1 ‘‘(B) AVAILABILITY OF FUNDS.—Amounts 

2 appropriated pursuant to the authorization of 

3 appropriations in subparagraph (A) are author4 ized to remain available until expended. 

5 ‘‘(6) INELIGIBILITY.—An officer or employee of 

6 any Federal, State, local, or foreign government 

7 who, while in performance of his or her official du8 ties, furnishes information described in paragraph 

9 (4) shall not be eligible for a reward under this sub10 section for such furnishing. 

11 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

12 of Homeland Security, the Secretary of State, or the 

13 Attorney General determines that an individual who 

14 furnishes information or testimony described in 

15 paragraph (4), or any spouse, child, parent, son, or 

16 daughter of such an individual, must be protected, 

17 such official may take such lawful action as the offi18 cial considers necessary to effect such protection. 

19 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

20 ‘‘(A) MAXIMUM AMOUNT.—No reward 

21 under this subsection may exceed $100,000. 

22 ‘‘(B) APPROVAL.—Any reward under this 

23 subsection exceeding $50,000 shall be person24 ally approved by the Secretary of Homeland Se25 curity. 


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1 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

2 reward granted under this subsection shall be 

3 certified for payment by the Secretary of Home4 land Security. 

5 ‘‘(9) PUBLICITY.—The Secretary of Homeland 

6 Security shall be responsible for developing and im7 plementing an advertising strategy to make known 

8 the rewards described within this section in order to 

9 solicit informants.’’. 

10 SEC. 305. INCREASED DETENTION FACILITIES FOR ALIENS 

11 APPREHENDED FOR ILLEGAL ENTRY. 

12 (a) IN GENERAL.—The Secretary shall construct or 

13 make arrangements for the availability of 8,000 additional 

14 beds for detaining aliens taken into custody by immigra15 tion officials. 

16 (b) USE OF EXISTING FACILITIES.—In carrying out 

17 subsection (a), the Secretary shall carry out efforts to— 

18 (1) contract private facilities whenever possible 

19 to promote efficient use and to limit the Federal 

20 Government’s maintenance of and liability for addi21 tional infrastructure for detaining aliens; 

22 (2) utilize State and local facilities for the pro23 vision of the additional beds required by subsection 

24 (a); and 


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1 (3) utilize Base Realignment and Closure facili2 ties or active duty facilities for detaining aliens. 

3 (c) CONSTRUCTION.—If the Secretary is unable to 

4 meet the requirement of subsection (a) using existing fa5 cilities as described in subsection (b), the Secretary shall 

6 construct the facilities necessary to meet such require7 ment. 

8 (d) RESPONSIBILITIES.—The Secretary shall be re9 sponsible for providing humane conditions, health care, 

10 nutrition, and psychological services, as well as education 

11 for minors, for aliens detained by the United States. 

12 (e) AUTHORIZATION.—There is authorized to be ap13 propriated such funds as may be necessary to carry out 

14 this section. 

15 SEC. 306. ADDITIONAL IMMIGRATION JUDGESHIPS AND 

16 LAW CLERKS. 

17 (a) JUDGESHIPS.—Not later than 6 months after the 

18 date of the enactment of this Act, the Attorney General 

19 shall create and fill 20 additional positions for immigra20 tion judges. 

21 (b) CLERKSHIPS.—The Attorney General shall en22 sure that there is not fewer than one law clerk dedicated 

23 to assisting every two immigration judges. 


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1 SEC. 307. MEDIA CAMPAIGN. 

2 (a) IN GENERAL.—The Secretary of Labor and the 

3 Secretary shall develop strategies to inform the public of 

4 changes in immigration policies created pursuant to this 

5 Act. 

6 (b) NOTIFICATION OF CHANGES TO EMPLOYMENT

7 VERIFICATION PROCESS.—The Secretary of Labor shall 

8 employ, at the Secretary of Labor’s discretion, a combina9 tion of multilingual print, television, Internet, and radio 

10 media to notify employers of changes to the employment 

11 verification process. Such notifications may encourage 

12 compliance with this Act and explain penalties for non13 compliance with this Act or the amendments made by this 

14 Act. 

15 (c) MULTILINGUAL MEDIA CAMPAIGN.—The Sec16 retary shall develop a multilingual media campaign ex17 plaining the provisions of this Act and the amendments 

18 made by this Act, the schedule for implementation of such 

19 provisions and amendments, and the penalties for non20 compliance with such provisions and amendments. Such 

21 campaign may be targeted toward undocumented aliens 

22 and emphasize— 

23 (1) provisions in this Act that enhance border 

24 security and interior enforcement; 

25 (2) punishment for apprehension and forced re26 moval of undocumented aliens; and 


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•S 1505 IS

1 (3) legal methods of reentering the United 

2 States or obtaining an authorization for employment 

3 in the United States. 

4 (d) COOPERATION WITH OTHER GOVERNMENTS.— 

5 The Secretary shall make all reasonable attempts to co6 operate with the governments of the foreign countries 

7 from which large numbers of undocumented aliens origi8 nate in carrying out this section. 

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