I 

112TH CONGRESS 

1ST SESSION H. R. 2000 

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

enforcing existing laws, and enabling a practical employer verification 

program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. SHULER (for himself, Mr. ALTMIRE, Mr. KISSELL, Mr. ROSS of Arkansas, 

Mr. BILBRAY, Mr. BURTON of Indiana, Mrs. CAPITO, Mr. COFFMAN of 

Colorado, Mr. DAVIS of Kentucky, Mr. DUNCAN of Tennessee, Mr. GERLACH, Mr. GINGREY of Georgia, Mr. JONES, Mr. MARCHANT, Mr. 

MCCAUL, Mrs. MYRICK, Mr. GARY G. MILLER of California, Mr. ROYCE, 

Mr. YOUNG of Florida, Mr. ROE of Tennessee, Mr. LEWIS of California, 

Mr. GUINTA, Mr. MCINTYRE, Mr. CARTER, Mr. CALVERT, Mr. YOUNG

of Alaska, Mr. ROHRABACHER, Mr. MANZULLO, Mr. SESSIONS, Mr. 

LAMBORN, Mr. VISCLOSKY, Mr. FORTENBERRY, Mr. BACHUS, Mr. 

MCHENRY, Mr. BARLETTA, Mr. MATHESON, and Mr. NUNNELEE) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways 

and Means, Education and the Workforce, Oversight and Government 

Reform, Armed Services, Agriculture, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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

a practical employer verification program. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Secure America Through Verification and Enforcement 

4 Act of 2011’’ or as the ‘‘SAVE Act of 2011’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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 SSN 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 


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

TITLE III—ENHANCING AND UTILIZING CURRENT INTERIOR 

ENFORCEMENT METHODS 

Sec. 301. Increase investigative efforts. 

Sec. 302. Increased oversight of agents. 

Sec. 303. Border relief grant program. 

Sec. 304. Authorization of appropriations. 

Sec. 305. Regulations. 

Sec. 306. Rewards program. 

Sec. 307. Increased detention facilities for aliens apprehended for illegal entry. 

Sec. 308. Additional Immigration judgeships and law clerks. 

Sec. 309. Media campaign. 

1 TITLE I—SECURING AMERICA’S 

2 INTERNATIONAL BORDERS 

3 Subtitle A—Manpower, Tech4 nology, and Infrastructure Im5 provements 

6 SEC. 101. MANPOWER. 

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

8 Intelligence Reform and Terrorism Prevention Act of 

9 2004 (Public Law 108–458; 118 Stat. 3734) is amended 

10 to read as follows: 

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

12 AGENTS. 

13 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home14 land Security shall, subject to the availability of appropria15 tions for such purpose, increase the number of positions 

16 for full-time active-duty Border Patrol agents within the 

17 Department of Homeland Security (above the number of 


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1 positions for which funds were appropriated for the pre2 ceding fiscal year), by— 

3 ‘‘(1) 1,500 in fiscal year 2012; 

4 ‘‘(2) 1,000 in fiscal year 2013; 

5 ‘‘(3) 1,000 in fiscal year 2014; 

6 ‘‘(4) 1,000 in fiscal year 2015; and 

7 ‘‘(5) 500 in fiscal year 2016. 

8 ‘‘(b) ALLOCATIONS.—Of the Border Patrol agents 

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

10 along the southern border of the United States and 20 

11 percent shall be deployed along the northern border of the 

12 United States. 

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The 

14 necessary funds are authorized to be appropriated for each 

15 of fiscal years 2012 through 2016 to carry out this sec16 tion.’’. 

17 (b) INVESTIGATIVE PERSONNEL.— 

18 (1) ADDITIONAL INVESTIGATIVE PERSONNEL

19 FOR ALIEN SMUGGLING.—In addition to the posi20 tions authorized under section 5203 of the Intel21 ligence Reform and Terrorism Prevention Act of 

22 2004, as amended by paragraph (1), during each of 

23 the fiscal years 2012 through 2016, the Secretary 

24 shall, subject to the availability of appropriations, in25 crease by not less than 350 the number of positions 


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1 for personnel within the Department assigned to 

2 specifically investigate alien smuggling. 

3 (2) ADDITIONAL FUNDS AND PERSONNEL FOR

4 THE TUNNEL TASK FORCE.—Subject to appropria5 tions, the fiscal year 2012 budget of the Tunnel 

6 Task Force, a joint force comprised of Immigration 

7 and Customs Enforcement (ICE), Customs and Bor8 der Patrol (CBP), and Drug Enforcement Adminis9 tration (DEA) personnel tasked to pinpoint tunnels 

10 that are utilized by drug lords and ‘‘coyotes’’ to 

11 smuggle narcotics, illegal aliens, and weapons, shall 

12 be increased by 50 percent above the fiscal year 

13 2007 budget. Such increase shall be used to increase 

14 personnel, improve communication and coordination 

15 between participant agencies, upgrade technology, 

16 and offer cash rewards and appropriate security to 

17 individuals who provide the Tunnel Task Force with 

18 accurate information on existing tunnels that breach 

19 the international borders of the United States. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 The necessary funds are authorized to be appro22 priated to the Secretary for each of the fiscal years 

23 2012 through 2016 to carry out this section. 


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1 (c) RECRUITMENT OF FORMER MEMBERS OF THE

2 ARMED FORCES AND MEMBERS OF RESERVE COMPO3 NENTS OF THE ARMED FORCES.— 

4 (1) REQUIREMENT FOR PROGRAM.—The Sec5 retary, in conjunction with the Secretary of Defense, 

6 shall establish a program to actively recruit covered 

7 members (a member of a reserve component of the 

8 Armed Forces) or former members of the Armed 

9 Forces and National Guard to serve in United 

10 States Customs and Border Protection. 

11 (2) REPORT ON RECRUITMENT INCENTIVES.— 

12 Not later than 90 days after the date of enactment 

13 of this Act, the Secretary and the Secretary of De14 fense shall jointly submit to the ‘‘appropriate’’ com15 mittees of Congress a report that shall include an 

16 assessment of the desirability and feasibility of offer17 ing an incentive to a covered member or former 

18 member of the Armed Forces for the purpose of en19 couraging such member to serve in United States 

20 Customs and Border Patrol and Immigration and 

21 Customs Enforcement— 

22 (A) the Secretary must provide a descrip23 tion of various monetary and non-monetary in24 centives considered for purposes of the report; 

25 and 


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1 (B) the Secretary must provide an assess2 ment of the desirability and feasibility of uti3 lizing any such incentive. 

4 (3) RECOMMENDATIONS FOR RECRUITMENT IN5 CENTIVES.— 

6 (A) MAXIMUM STUDENT LOAN REPAY7 MENTS FOR UNITED STATES BORDER PATROL

8 AGENTS WITH A TWO-YEAR COMMITMENT.— 

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

10 is amended by adding at the end the following: 

11 ‘‘(4) In the case of an employee (otherwise eligi12 ble for benefits under this section) who is serving as 

13 a full-time active-duty United States Border Patrol 

14 agent within the Department of Homeland Secu15 rity— 

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

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

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

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

20 (B) RECRUITMENT AND RELOCATION BO21 NUSES AND RETENTION ALLOWANCES FOR PER22 SONNEL OF THE DEPARTMENT OF HOMELAND

23 SECURITY.—The Secretary of Homeland Secu24 rity shall ensure that the authority to pay re25 cruitment and relocation bonuses under section 


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1 5753 of title 5, United States Code, the author2 ity to pay retention bonuses under section 5754 

3 of such title, and any other similar authorities 

4 available under any other provision of law, rule, 

5 or regulation, are exercised to the fullest extent 

6 allowable in order to encourage service in the 

7 Department of Homeland Security. 

8 (4) DEFINITION.—The term ‘‘appropriate com9 mittees of Congress’’ means— 

10 (A) the Committee on Appropriations, the 

11 Committee on Armed Services, and the Com12 mittee on Homeland Security of the House of 

13 Representatives; and 

14 (B) the Committee on Appropriations, the 

15 Committee on Armed Services, and the Com16 mittee on Homeland Security and Govern17 mental Affairs of the Senate. 

18 SEC. 102. TECHNOLOGY. 

19 (a) EQUIPMENT SHARING BETWEEN DEPARTMENT

20 OF HOMELAND SECURITY AND DEPARTMENT OF DE21 FENSE.—The Secretaries of these two departments shall 

22 develop and implement a plan to use authorities provided 

23 to the Secretary of Defense under chapter 18 of title 10, 

24 United States Code, to increase the availability and use 

25 of Department of Defense equipment, including unmanned 


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1 aerial vehicles, tethered aerostat radars, and other surveil2 lance equipment, to assist the Secretary in carrying out 

3 surveillance activities conducted at or near the inter4 national land borders of the United States to prevent ille5 gal immigration. 

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

7 of enactment of this Act (and then annually from that 

8 point), the Secretary and the Secretary of Defense shall 

9 submit to Congress a report that contains— 

10 (1) a description of the current use of Depart11 ment of Defense equipment to assist the Secretary 

12 in carrying out surveillance of the international land 

13 borders of the United States and assessment of the 

14 potential risks to citizens of the United States and 

15 key foreign policy interests associated with the use 

16 of such equipment; 

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

18 increase the use of Department of Defense equip19 ment to assist such surveillance activities; and 

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

21 other support to be provided by the Secretary of De22 fense under such plan during the 1-year period be23 ginning on the date of the submission of the report. 

24 (c) SECURE COMMUNICATION.—The secretary shall, 

25 as expeditiously as practicable, develop and implement a 


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1 plan to improve the use of satellite communications and 

2 other technologies to ensure clear and secure 2-way com3 munication capabilities— 

4 (1) among all Border Patrol agents conducting 

5 operations between ports of entry; 

6 (2) between Border Patrol agents and their re7 spective Border Patrol stations; and 

8 (3) between all appropriate law enforcement 

9 agencies of the Department and State, local, and 

10 tribal law enforcement agencies. 

11 (d) OTHER TECHNOLOGY UPGRADES.—The Sec12 retary shall purchase and implement new technology to se13 cure the borders, including, but not limited to drones, in14 frared cameras, sensors, mobile lighting units, radar and 

15 infrared heat. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—The nec17 essary funds are authorized to be appropriated to the Sec18 retary for each of the fiscal years 2012 through 2016 to 

19 carry out this section. 

20 SEC. 103. INFRASTRUCTURE. 

21 (a) INFRASTRUCTURE IMPROVEMENTS.—Subject to 

22 the availability of appropriations, the Secretary shall con23 struct or purchase— 

24 (1) office facilities to accommodate additional 

25 border patrol manpower; 


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1 (2) sport utility vehicles for officers; 

2 (3) all weather roads for better vehicle access 

3 and performance on remote and rugged terrain 

4 (road construction should be done in consultation 

5 with the owner of the land and take into account 

6 any environmental or other land-use issues that are 

7 relevant); 

8 (4) additional fencing (and aesthetic fencing in 

9 business districts) in urban areas of the border; and 

10 (5) vehicle barriers, to support, not replace, 

11 manpower, in rural and remote areas of the border 

12 necessary to achieve operational control of the inter13 national borders of the United States. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—The nec15 essary funds are authorized to be appropriated to the Sec16 retary for each of the fiscal years 2012 through 2016 to 

17 carry out this section. 

18 SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 

19 (a) UNMANNED AERIAL VEHICLE PILOT PRO20 GRAM.—During the 1-year period beginning on the date 

21 on which the report is submitted under section 102(b), the 

22 Secretary shall conduct a pilot program to test unmanned 

23 aerial vehicles for border surveillance along the inter24 national border between Canada and the United States. 


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1 (b) UNMANNED AERIAL VEHICLES AND ASSOCIATED

2 INFRASTRUCTURE.—The Secretary shall acquire and 

3 maintain unmanned aerial vehicles and related equipment 

4 for use to patrol the international borders of the United 

5 States, including equipment such as— 

6 (1) additional sensors; 

7 (2) satellite command and control; and 

8 (3) other necessary equipment for operational 

9 support. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to the Secretary for each of the fiscal 

13 years 2012 and 2013 such sums as may be nec14 essary to carry out subsection (b). 

15 (2) AVAILABILITY OF FUNDS.—Amounts appro16 priated pursuant to the authorization of appropria17 tions in paragraph (1) are authorized to remain 

18 available until expended. 

19 (d) AERIAL SURVEILLANCE PROGRAM.— 

20 (1) IN GENERAL.—In conjunction with the bor21 der surveillance plan developed under section 5201 

22 of the Intelligence Reform and Terrorism Prevention 

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

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

25 date of enactment of this Act, shall develop and imVerDate Mar 15 2010 21:54 Jun 01, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2000.IH H2000

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1 plement a program to fully integrate and utilize aer2 ial surveillance technologies, including unmanned 

3 aerial vehicles, to enhance the security of the inter4 national border between the United States and Can5 ada and the international border between the United 

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

7 to ensure continuous monitoring of each mile of each 

8 border. 

9 (2) ASSESSMENT AND CONSULTATION REQUIRE10 MENTS.—In developing the program under this sub11 section, the Secretary shall— 

12 (A) consider current and proposed aerial 

13 surveillance technologies; 

14 (B) assess the feasibility and advisability 

15 of utilizing such technologies to address border 

16 threats, including an assessment of the tech17 nologies considered best suited to address re18 spective threats; 

19 (C) consult with the Secretary of Defense 

20 regarding any technologies or equipment, which 

21 the Secretary may deploy along an international 

22 border of the United States; and 

23 (D) consult with the Administrator of the 

24 Federal Aviation Administration regarding safe25 ty, airspace coordination and regulation, and 


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1 any other issues necessary for implementation 

2 of the program. 

3 (3) AUTHORIZATION OF APPROPRIATIONS.— 

4 The necessary funds are authorized to be appro5 priated to carry out this subsection. 

6 (e) INTEGRATED AND AUTOMATED SURVEILLANCE

7 PROGRAM.— 

8 (1) REQUIREMENT FOR PROGRAM.—Subject to 

9 the availability of appropriations, the Secretary shall 

10 establish a program to procure additional unmanned 

11 aerial vehicles, drones, cameras, poles, sensors, sat12 ellites, radar coverage, and other technologies nec13 essary to achieve operational control of the inter14 national borders of the United States and to estab15 lish a security perimeter known as a ‘‘virtual fence’’ 

16 along such international borders to provide a barrier 

17 to illegal immigration. 

18 (2) PROGRAM COMPONENTS.—The Secretary 

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

20 (A) the technologies utilized in the Inte21 grated and Automated Surveillance Program 

22 are integrated and function cohesively in an 

23 automated fashion, including the integration of 

24 motion sensor alerts and cameras in a manner 

25 where a sensor alert automatically activates a 


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1 corresponding camera to pan and tilt in the di2 rection of the triggered sensor; 

3 (B) cameras utilized in the program do not 

4 have to be manually operated; 

5 (C) such camera views and positions are 

6 not fixed; 

7 (D) surveillance video taken by such cam8 eras is able to be viewed at multiple designated 

9 communications centers; 

10 (E) a standard process is used to collect 

11 and record, catalog, and report intrusion and 

12 response data collected under the Program; 

13 (F) future remote surveillance technology 

14 investments and upgrades for the program can 

15 be integrated with existing systems; 

16 (G) performance measures are developed 

17 and applied that can evaluate whether the pro18 gram is providing desired results and increasing 

19 response effectiveness in monitoring and detect20 ing illegal intrusions along the international 

21 borders of the United States; 

22 (H) plans are developed under the program 

23 to streamline site selection and site validation 

24 processes to minimize delays of installing sur25 veillance technology infrastructure; 


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1 (I) standards are developed under the pro2 gram to expand the shared use of existing pri3 vate and governmental structures to install re4 mote surveillance technology infrastructure 

5 where possible; 

6 (J) standards are developed under the pro7 gram to identify and deploy the use of non8 permanent or mobile surveillance platforms that 

9 will increase the Secretary’s mobility and ability 

10 to identify illegal border intrusions; and 

11 (K) Border Patrol agents respond to each 

12 reported intrusion that appears to involve aliens 

13 or smugglers. 

14 (3) EVALUATION OF CONTRACTORS.— 

15 (A) REQUIREMENT FOR STANDARDS.—The 

16 Secretary shall develop appropriate standards 

17 to evaluate the performance of any contractor 

18 providing goods or services to carry out the In19 tegrated and Automated Surveillance Program. 

20 (B) REVIEW BY THE COMPTROLLER GEN21 ERAL OF THE UNITED STATES.— 

22 (i) IN GENERAL.—The Comptroller 

23 General of the United States shall review 

24 each new contract related to the Program 

25 and should report to Congress regarding 


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1 contracts with a value of more than 

2 $5,000,000 in a timely manner, to deter3 mine whether such contract fully complies 

4 with applicable cost requirements, perform5 ance objectives, program milestones, and 

6 schedules. 

7 (ii) REPORTS.—The Comptroller Gen8 eral of the United States shall report the 

9 findings of each review carried out under 

10 clause (i) to the Secretary in a timely man11 ner. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 The necessary funds are authorized to be appro14 priated to carry out this subsection. 

15 Subtitle B—Strategies and 

16 Progress Reports for Securing 

17 America’s Borders 

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

19 (a) REQUIREMENT FOR NATIONAL STRATEGY.—The 

20 Secretary, in consultation with the heads of other appro21 priate Federal agencies, shall develop a national strategy 

22 to secure the borders that describes actions to be carried 

23 out to achieve operational control over all ports of entry 

24 into the United States and the international land and mar25 itime borders of the United States by December 31, 2015. 


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1 (b) CONTENT.—The national strategy to secure the 

2 borders shall include the following: 

3 (1) An assessment of the threats posed by ter4 rorists and terrorist groups that may try to infiltrate 

5 the United States at locations along the inter6 national land and maritime borders of the United 

7 States. 

8 (2) A risk assessment for all United States 

9 ports of entry and all portions of the international 

10 land and maritime borders of the United States that 

11 includes a description of activities being under12 taken— 

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

14 unlawful aliens, instruments of terrorism, nar15 cotics, and other contraband into the United 

16 States; and 

17 (B) to protect critical infrastructure at or 

18 near such ports of entry or borders. 

19 (3) An assessment of the most appropriate, 

20 practical, and cost-effective means of defending the 

21 international land and maritime borders of the 

22 United States against threats to security and illegal 

23 transit, including intelligence capacities, technology, 

24 equipment, personnel, and training needed to ad25 dress security vulnerabilities. 


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1 (4) An assessment of staffing needs for all bor2 der security functions, taking into account threat 

3 and vulnerability information pertaining to the bor4 ders and the impact of new security programs, poli5 cies, and technologies. 

6 (5) A description of the border security roles 

7 and missions of Federal Government, State govern8 ment, local government, and tribal authorities, and 

9 recommendations regarding actions the Secretary 

10 can carry out to improve coordination with such au11 thorities to enable border security and enforcement 

12 activities to be carried out in a more efficient and 

13 effective manner. 

14 (6) An assessment of existing efforts and tech15 nologies used for border security and the effect of 

16 the use of such efforts and technologies on civil 

17 rights, private property rights, privacy rights, and 

18 civil liberties, including an assessment of efforts to 

19 take into account asylum seekers, trafficking vic20 tims, unaccompanied minor aliens, refugees and 

21 other vulnerable populations, as well as the effects 

22 on Americans living in the border region and local, 

23 State, and Federal law enforcement officers working 

24 in the border region. 


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1 (7) A prioritized list of research and develop2 ment objectives to enhance the security of the inter3 national land and maritime borders of the United 

4 States. 

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

6 free flow of lawful travel and commerce is not unrea7 sonably diminished by efforts, activities, and pro8 grams aimed at securing the international land and 

9 maritime borders of the United States. 

10 (9) An assessment of additional detention facili11 ties and beds that are needed to detain unlawful 

12 aliens apprehended at United States ports of entry 

13 or along the international land borders of the United 

14 States. 

15 (10) A description of the performance metrics 

16 to be used to ensure accountability by the bureaus 

17 of the Department in implementing such strategy. 

18 (11) A schedule for the implementation of the 

19 security measures described in said strategy, includ20 ing a prioritization of security measures, realistic 

21 deadlines for addressing the security and enforce22 ment needs, an estimate of the resources needed to 

23 carry out such measures, and a description of how 

24 such resources should be allocated. 


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1 (c) CONSULTATION.—In developing the national 

2 strategy for border security, the Secretary shall consult 

3 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 for bor13 der security shall be consistent with the National Strategy 

14 for Maritime Security developed pursuant to Homeland 

15 Security Presidential Directive 13, dated December 21, 

16 2004. 

17 (e) SUBMISSION TO CONGRESS.— 

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

19 2012, the Secretary shall submit to Congress the na20 tional strategy for border security. 

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) ACTION.—If the Comptroller General of the 

12 United States becomes aware of any improper con13 duct or wrongdoing in the course of conducting a 

14 contract review under the Secure Border Initiative, 

15 the Comptroller General of the United States shall, 

16 as expeditiously as practicable, refer information re17 lating to such improper conduct or wrongdoing to 

18 Congress and to the Secretary of Homeland Secu19 rity, or to another appropriate official of the Depart20 ment of Homeland Security, who shall determine 

21 whether to temporarily suspend the contractor from 

22 further participation in the Secure Border Initiative 

23 or make said contract null and 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 a report to the 

19 Committee on the Judiciary and the Committee on 

20 Homeland Security of the House of Representatives 

21 and the Committee on the Judiciary and the Com22 mittee on Homeland Security and Governmental Af23 fairs of the Senate, that describes the steps the Sec24 retary 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 a report to the Committee on the Judi6 ciary of the Senate and the Committee on the Judi7 ciary of the House of Representatives, 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 of Homeland Security shall submit a report to Congress 

14 that describes— 

15 (1) the proposed purchase; 

16 (2) any security concerns related to the pro17 posed purchase; and 

18 (3) the manner in which such security concerns 

19 have been addressed. 

20 Subtitle C—Rapid Response 

21 Measures 

22 SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS. 

23 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

24 AGENTS.— 


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

2 on an international border of the United States de3 clares an international border security emergency 

4 and requests additional agents of the Border Patrol 

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

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

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

8 1,000 additional agents for the purpose of patrolling 

9 and defending the international border, in order to 

10 prevent individuals from crossing the international 

11 border into the United States at any location other 

12 than an authorized port of entry. 

13 (2) CONSULTATION.—Upon receiving a request 

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

15 consultation with the President, shall grant such re16 quest to the extent that providing such agents will 

17 not significantly impair the Department’s ability to 

18 provide border security for any other State. 

19 (3) COLLECTIVE BARGAINING.—Emergency de20 ployments under this subsection shall be made in ac21 cordance with all applicable collective bargaining 

22 agreements and obligations under current law. 

23 (b) FLEXIBLE DEPLOYMENT OF BORDER PATROL

24 AGENTS.—The Secretary shall ensure that agents are not 

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1 hending violators of law, except in unusual circumstances 

2 if the temporary use of fixed deployment positions is nec3 essary. 

4 SEC. 122. BORDER PATROL MAJOR ASSETS. 

5 (a) CONTROL OF DEPARTMENT OF HOMELAND SE6 CURITY ASSETS.—The Department of Homeland Security 

7 shall have exclusive administrative and operational control 

8 over all the assets utilized in carrying out its mission, in9 cluding aircraft, watercraft, vehicles, detention space, 

10 transportation, and all of the personnel associated with 

11 such assets. 

12 (b) HELICOPTERS AND POWER BOATS.— 

13 (1) HELICOPTERS.—The Secretary shall in14 crease the number of helicopters under the control 

15 of the Border Patrol and Immigration and Customs 

16 Enforcement (ICE). The Secretary shall ensure that 

17 appropriate types and quantities of helicopters are 

18 procured for the various missions being performed. 

19 (2) POWER BOATS.—The Secretary shall in20 crease the number of power boats under the control 

21 of the Border Patrol. The Secretary shall ensure 

22 that the types of power boats that are procured are 

23 appropriate for both the waterways in which they 

24 are used and the mission requirements. 

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


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1 (A) establish an overall policy on how the 

2 helicopters and power boats procured under this 

3 subsection will be used; and 

4 (B) implement training programs for the 

5 agents who use such assets, including safe oper6 ating procedures and rescue operations. 

7 (c) MOTOR VEHICLES.— 

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

9 fleet of motor vehicles appropriate for use by the 

10 Border Patrol that will permit a ratio of not less 

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

12 safety glass and other protections. The Secretary 

13 shall ensure that there are sufficient numbers and 

14 types of other motor vehicles to support the mission 

15 of the Border Patrol. 

16 (2) FEATURES.—All motor vehicles purchased 

17 for the Border Patrol shall— 

18 (A) be appropriate for the mission of the 

19 Border Patrol; and 

20 (B) have a panic button and a global posi21 tioning system device that is activated solely in 

22 emergency situations to track the location of 

23 agents in distress. 


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1 SEC. 123. ELECTRONIC EQUIPMENT. 

2 (a) PORTABLE COMPUTERS.—The Secretary shall en3 sure that each police-type motor vehicle in the fleet of the 

4 Border Patrol is equipped with a portable computer with 

5 access to all necessary law enforcement databases and oth6 erwise suited to the unique operational requirements of 

7 the Border Patrol. 

8 (b) RADIO EQUIPMENT.—The Secretary shall aug9 ment the existing radio communications system so that all 

10 law enforcement personnel, including Immigration and 

11 Customs Enforcement, working in each area where Border 

12 Patrol operations are conducted have clear and encrypted 

13 2-way radio communication capabilities at all times. Each 

14 portable communications device shall be equipped with a 

15 panic button and a global positioning system device that 

16 is activated solely in emergency situations to track the lo17 cation of agents in distress. 

18 (c) HANDHELD GLOBAL POSITIONING SYSTEM DE19 VICES.—The Secretary shall ensure that Border Patrol 

20 agents are issued a state-of-the-art handheld global posi21 tioning system device for navigational purposes. 

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

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

24 vision equipment are procured and maintained to enable 

25 each Border Patrol agent working during the hours of 


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1 darkness to be equipped with a portable night vision de2 vice. 

3 SEC. 124. PERSONAL EQUIPMENT. 

4 (a) BODY ARMOR.—The Secretary shall ensure that 

5 every agent on duty is issued high-quality body armor that 

6 is appropriate for the climate and risks faced by the agent. 

7 Enough body armor must be purchased to cover every 

8 agent in the field. 

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

10 agents are equipped with weapons that are reliable and 

11 effective to protect themselves, their fellow agents, and in12 nocent third parties from the threats posed by armed 

13 criminals. The Secretary shall ensure that the policies of 

14 the Department authorize all agents to carry weapons that 

15 are suited to the potential threats that they face, and that 

16 all agents receive appropriate training in the use of such 

17 weapons. 

18 (c) UNIFORMS.—The Secretary shall ensure that all 

19 agents are provided with all necessary uniform items, in20 cluding outerwear suited to the climate, footwear, belts, 

21 holsters, and personal protective equipment, at no cost to 

22 such agents. Such items shall be replaced at no cost to 

23 such agents as such items become worn or unserviceable 

24 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 2012 through 2016 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 Mar 15 2010 21:54 Jun 01, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2000.IH H2000

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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 Business Anti-Smuggling Coali7 tion. 

8 (B) The Carrier Initiative Program. 

9 (C) The Americas Counter Smuggling Ini10 tiative. 

11 (D) The Container Security Initiative es12 tablished pursuant to section 205 of the SAFE 

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

14 (E) The Free and Secure Trade Initiative. 

15 (F) Other industry partnership programs 

16 administered by the Commissioner. 

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

18 days after the date of enactment of this Act, the Commis19 sioner shall establish a demonstration program to develop 

20 a cooperative trade security system to improve supply 

21 chain security. 


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1 Subtitle E—Other Border Security 

2 Initiatives 

3 SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVEN4 TION. 

5 (a) CHECKS AGAINST TERRORIST WATCHLIST.—The 

6 Secretary of Homeland Security shall, to the extent prac7 ticable, check against all available terrorist watchlists 

8 those persons suspected of alien smuggling and smuggled 

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

10 borders of the United States. 

11 (b) STRENGTHENING PROSECUTION AND PUNISH12 MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im13 migration and Nationality Act (8 U.S.C. 1324(a)) is 

14 amended— 

15 (1) by amending the subsection heading to read 

16 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG17 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

18 (2) by amending paragraphs (1) through (2) to 

19 read as follows: 

20 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

21 the fact that an individual is an alien who lacks lawful 

22 authority to come to, enter, or reside in the United States, 

23 knowingly— 

24 ‘‘(i) brings that individual to the United States 

25 in any manner whatsoever regardless of any future 


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1 official action which may be taken with respect to 

2 such individual; 

3 ‘‘(ii) recruits, encourages, or induces that indi4 vidual to come to, enter, or reside in the United 

5 States; 

6 ‘‘(iii) transports or moves that individual in the 

7 United States, in furtherance of their unlawful pres8 ence; or 

9 ‘‘(iv) harbors, conceals, or shields from detec10 tion the individual in any place in the United States, 

11 including any building or any means of transpor12 tation; 

13 or attempts or conspires to do so, shall be punished as 

14 provided in subparagraph (C). 

15 ‘‘(B) Whoever, knowing that an individual is an alien, 

16 brings that individual to the United States in any manner 

17 whatsoever at a place, other than a designated port of 

18 entry or place designated by the Secretary of Homeland 

19 Security, regardless of whether such individual has re20 ceived prior official authorization to come to, enter, or re21 side in the United States and regardless of any future offi22 cial action which may be taken with respect to such indi23 vidual, or attempts or conspires to do so, shall be punished 

24 as provided in subparagraph (C). 


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1 ‘‘(C) Whoever commits an offense under this para2 graph shall, for each individual in respect to whom such 

3 a violation occurs— 

4 ‘‘(i) if the offense results in the death of any 

5 person, be fined under title 18, United States Code, 

6 and subject to the penalty of death or imprisonment 

7 for any term of years or for life; 

8 ‘‘(ii) if the offense involves kidnapping, an at9 tempt to kidnap, the conduct required for aggra10 vated sexual abuse (as defined in section 2241 of 

11 title 18, United States Code, without regard to 

12 where it takes place), or an attempt to commit such 

13 abuse, or an attempt to kill, be fined under title 18, 

14 United States Code, or imprisoned for any term of 

15 years or life, or both; 

16 ‘‘(iii) if the offense involves an individual who 

17 the defendant knew was engaged in or intended to 

18 engage in terrorist activity (as defined in section 

19 212(a)(3)(B)), be fined under title 18, United States 

20 Code, or imprisoned not more than 30 years, or 

21 both; 

22 ‘‘(iv) if the offense results in serious bodily in23 jury (as defined in section 1365 of title 18, United 

24 States Code) or places in jeopardy the life of any 


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1 person, be fined under title 18, United States Code, 

2 or imprisoned not more than 20 years, or both; 

3 ‘‘(v) if the offense is a violation of paragraph 

4 (1)(A)(i) and was committed for the purpose of prof5 it, commercial advantage, or private financial gain, 

6 or if the offense was committed with the intent or 

7 reason to believe that the individual unlawfully 

8 brought into the United States will commit an of9 fense against the United States or any State that is 

10 punishable by imprisonment for more than 1 year, 

11 be fined under title 18, United States Code, and im12 prisoned, in the case of a first or second violation, 

13 not less than 3 nor more than 10 years, and for any 

14 other violation, not less than 5 nor more than 15 

15 years; 

16 ‘‘(vi) if the offense is a violation of paragraphs 

17 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

18 was committed for the purpose of profit, commercial 

19 advantage, or private financial gain, be fined under 

20 title 18, United States Code, or imprisoned not more 

21 than 10 years, or both; 

22 ‘‘(vii) if the offense involves the transit of the 

23 defendant’s spouse, child, sibling, parent, grand24 parent, or niece or nephew, and the offense is not 

25 described in any of clauses (i) through (vi), be fined 


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1 under title 18, United States Code, or imprisoned 

2 not more than 1 year, or both; and 

3 ‘‘(viii) in any other case, be fined under title 

4 18, United States Code, or imprisoned not more 

5 than 5 years, or both. 

6 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

7 offenses described in paragraph (1). 

8 ‘‘(B) In a prosecution for a violation of, or an attempt 

9 or conspiracy to violate, subsection (a)(1)(A)(i), 

10 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 

11 no defense based on necessity can be raised unless the de12 fendant— 

13 ‘‘(i) as soon as practicable, reported to the 

14 Coast Guard the circumstances of the necessity, and 

15 if a rescue is claimed, the name, description, registry 

16 number, and location of the vessel engaging in the 

17 rescue; and 

18 ‘‘(ii) did not bring, attempt to bring, or in any 

19 manner intentionally facilitate the entry of any alien 

20 into the land territory of the United States without 

21 lawful authority, unless exigent circumstances ex22 isted that placed the life of that alien in danger, in 

23 which case the reporting requirement set forth in 

24 clause (i) is satisfied by notifying the Coast Guard 

25 as soon as practicable after delivering the alien to 


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1 emergency medical or law enforcement personnel 

2 ashore. 

3 ‘‘(C) It is not a violation of, or an attempt or con4 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

5 or paragraph (1)(A)(ii) (except if a person recruits, en6 courages, or induces an alien to come to or enter the 

7 United States), for a religious denomination having a bona 

8 fide nonprofit, religious organization in the United States, 

9 or the agents or officer of such denomination or organiza10 tion, to encourage, invite, call, allow, or enable an alien 

11 who is present in the United States to perform the voca12 tion of a minister or missionary for the denomination or 

13 organization in the United States as a volunteer who is 

14 not compensated as an employee, notwithstanding the pro15 vision of room, board, travel, medical assistance, and other 

16 basic living expenses, provided the minister or missionary 

17 has been a member of the denomination for at least one 

18 year. 

19 ‘‘(D) For purposes of this paragraph and paragraph 

20 (1)— 

21 ‘‘(i) the term ‘United States’ means the several 

22 States, the District of Columbia, the Commonwealth 

23 of Puerto Rico, Guam, American Samoa, the United 

24 States Virgin Islands, the Commonwealth of the 


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1 Northern Mariana Islands, and any other territory 

2 or possession of the United States; and 

3 ‘‘(ii) the term ‘lawful authority’ means permis4 sion, authorization, or waiver that is expressly pro5 vided for in the immigration laws of the United 

6 States or the regulations prescribed under those 

7 laws and does not include any such authority se8 cured by fraud or otherwise obtained in violation of 

9 law or authority that has been sought but not ap10 proved.’’. 

11 (c) MARITIME LAW ENFORCEMENT.— 

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

13 2237 of title 18, United States Code, is amended to 

14 read as follows: 

15 ‘‘(b) Whoever intentionally violates this section 

16 shall— 

17 ‘‘(1) if the offense results in death or involves 

18 kidnapping, an attempt to kidnap, the conduct re19 quired for aggravated sexual abuse (as defined in 

20 section 2241 without regard to where it takes place), 

21 or an attempt to commit such abuse, or an attempt 

22 to kill, be fined under such title or imprisoned for 

23 any term of years or life, or both; 

24 ‘‘(2) if the offense results in serious bodily in25 jury (as defined in section 1365 of this title) or 


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1 transportation under inhumane conditions, be fined 

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

3 or both; 

4 ‘‘(3) if the offense is committed in the course 

5 of a violation of section 274 of the Immigration and 

6 Nationality Act (alien smuggling); chapter 77 (peon7 age, slavery, and trafficking in persons), section 111 

8 (shipping), 111A (interference with vessels), 113 

9 (stolen property), or 117 (transportation for illegal 

10 sexual activity) of this title; chapter 705 (maritime 

11 drug law enforcement) of title 46, or title II of the 

12 Act of June 15, 1917 (chapter 30; 40 Stat. 220), be 

13 fined under this title or imprisoned for not more 

14 than 10 years, or both; and 

15 ‘‘(4) in any other case, be fined under this title 

16 or imprisoned for not more than 5 years, or both.’’. 

17 (2) LIMITATION ON NECESSITY DEFENSE.— 

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

19 amended— 

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

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

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

23 no defense based on necessity can be raised unless the de24 fendant— 


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

2 shore, delivered the person with respect to which the 

3 necessity arose to emergency medical or law enforce4 ment personnel; 

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

6 Coast Guard the circumstances of the necessity re7 sulting giving rise to the defense; and 

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

9 manner intentionally facilitate the entry of any alien, 

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

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

12 1101(a)(3)), into the land territory of the United 

13 States without lawful authority, unless exigent cir14 cumstances existed that placed the life of that alien 

15 in danger, in which case the reporting requirement 

16 of subparagraph (B) is satisfied by notifying the 

17 Coast Guard as soon as practicable after delivering 

18 that person to emergency medical or law enforce19 ment personnel ashore.’’. 

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

21 United States Code, is amended— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (3); 

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

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


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

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

3 conditions’ means the transportation of persons in 

4 an engine compartment, storage compartment, or 

5 other confined space, transportation at an excessive 

6 speed, transportation of a number of persons in ex7 cess of the rated capacity of the means of transpor8 tation, or intentionally grounding a vessel in which 

9 persons are being transported.’’. 

10 (d) AMENDMENT TO THE SENTENCING GUIDE11 LINES.— 

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

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

14 and in accordance with this section, the United 

15 States Sentencing Commission shall review and, if 

16 appropriate, amend the sentencing guidelines and 

17 policy statements applicable to persons convicted of 

18 alien smuggling offenses and criminal failure to 

19 heave to or obstruction of boarding. 

20 (2) CONSIDERATIONS.—In carrying out this 

21 section, the Sentencing Commission, shall— 

22 (A) consider providing sentencing enhance23 ments or stiffening existing enhancements for 

24 those convicted of offenses described in sub25 section (a) that— 


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1 (i) involve a pattern of continued and 

2 flagrant violations; 

3 (ii) are part of an ongoing commercial 

4 organization or enterprise; 

5 (iii) involve aliens who were trans6 ported in groups of 10 or more; 

7 (iv) involve the transportation or 

8 abandonment of aliens in a manner that 

9 endangered their lives; or 

10 (v) involve the facilitation of terrorist 

11 activity; and 

12 (B) consider cross-references to the guide13 lines for Criminal Sexual Abuse and Attempted 

14 Murder. 

15 (3) EXPEDITED PROCEDURES.—The Commis16 sion may promulgate the guidelines or amendments 

17 under this section in accordance with the procedures 

18 set forth in section 21(a) of the Sentencing Act of 

19 1987, as though the authority under that Act had 

20 not expired. 

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

22 (a) DEFINITIONS.—In this section: 

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

24 land’’ means land under the jurisdiction of the Sec25 retary concerned. 


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1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) with respect to land under the jurisdic4 tion of the Secretary of Agriculture, the Sec5 retary of Agriculture; and 

6 (B) with respect to land under the jurisdic7 tion of the Secretary of the Interior, the Sec8 retary of the Interior. 

9 (b) BORDER PROTECTION STRATEGY.—The Sec10 retary, the Secretary of the Interior, and the Secretary 

11 of Agriculture shall jointly develop a border protection 

12 strategy that supports the border security needs of the 

13 United States in the manner that best protects— 

14 (1) units of the National Park System; 

15 (2) National Forest System land; 

16 (3) land under the jurisdiction of the United 

17 States Fish and Wildlife Service and Bureau of 

18 Land Management; and 

19 (4) other relevant land under the jurisdiction of 

20 the Secretary of the Interior or the Secretary of Ag21 riculture. 

22 (c) ADDITIONAL UNIFORMED LAW ENFORCEMENT

23 OFFICERS AND SPECIAL AGENTS OF THE DEPARTMENT

24 OF THE INTERIOR.—There are authorized to be appro25 priated to the Secretary of the Interior for employment 


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1 of uniformed law enforcement officers and special agents, 

2 in addition to the number of such officers and agents em3 ployed immediately before the enactment of this Act, such 

4 sums as may be necessary for— 

5 (1) 22 such officers of the United States Fish 

6 and Wildlife Service, including— 

7 (A) 4 for California; 

8 (B) 9 for Arizona; 

9 (C) 2 for New Mexico; and 

10 (D) 7 for Texas; 

11 (2) 2 such agents of the United States Fish 

12 and Wildlife Service, for Texas; 

13 (3) 22 such officers of the National Park Serv14 ice, including— 

15 (A) 13 for Arizona; and 

16 (B) 9 for Texas; 

17 (4) 2 such agents of the National Park Service, 

18 for Texas; 

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

20 Management, including— 

21 (A) 5 for California; 

22 (B) 4 for Arizona; 

23 (C) 4 for New Mexico; and 

24 (D) 6 for Texas; 


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1 (6) 2 such agents of the Bureau of Land Man2 agement, including— 

3 (A) 1 for California; 

4 (B) 2 for Arizona; and 

5 (C) 1 for New Mexico; and 

6 (7) one such agent of the Bureau of Indian Af7 fairs, for Texas. 

8 (d) ADDITIONAL SPECIAL ASSISTANT UNITED

9 STATES ATTORNEY.—There are authorized to be appro10 priated to the Attorney General such sums as may be nec11 essary to increase by 1 the number of special assistant 

12 United States attorneys in the district of Arizona dedi13 cated to prosecution of cases generated by the Secretary 

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

15 appointed immediately before the enactment of this Act. 

16 TITLE II—ENDING UNLAWFUL 

17 EMPLOYMENT 

18 Subtitle A—Employee Verification 

19 SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION 

20 VERIFICATION. 

21 (a) MAKING E–VERIFY PROGRAM PERMANENT.— 

22 Section 401(b) of the Illegal Immigration Reform and Im23 migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

24 is amended by adding before the period at the end of the 

25 last sentence the following ‘‘, except that the E–Verify 


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1 Program described in section 403(a) shall be a permanent 

2 program’’. 

3 (b) MANDATORY USE OF E–VERIFY SYSTEM.— 

4 (1) IN GENERAL.—Subject to paragraphs (2) 

5 and (3), every person or other entity that hires one 

6 or more individuals for employment in the United 

7 States shall verify through the E–Verify Program, 

8 established by section 403(a) of the Illegal Immigra9 tion Reform and Immigrant Responsibility Act of 

10 1996 (division C of Public Law 104–208; 8 U.S.C. 

11 1324a note), that each such individual is authorized 

12 to work in the United States. The Secretary of 

13 Homeland Security shall ensure that verification by 

14 means of a toll-free telephone line is an available op15 tion in complying with the preceding sentence. 

16 (2) SELECT ENTITIES REQUIRED TO USE E– 

17 VERIFY PROGRAM IMMEDIATELY.—The following en18 tities must satisfy the requirement in paragraph (1) 

19 by not later than one year after the date of the en20 actment of this Act: 

21 (A) FEDERAL AGENCIES.—Each depart22 ment and agency of the Federal Government. 

23 (B) FEDERAL CONTRACTORS.—A con24 tractor that— 


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1 (i) has entered into a contract with 

2 the Federal Government to which section 

3 2(b)(1) of the Service Contract Act of 

4 1965 (41 U.S.C. 351(b)(1)) applies, and 

5 any subcontractor under such contract; or 

6 (ii) has entered into a contract ex7 empted from the application of such Act by 

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

9 any subcontractor under such contract. 

10 (C) LARGE EMPLOYERS.—An employer 

11 that employs more than 250 individuals in the 

12 United States. 

13 (3) PHASING-IN FOR OTHER EMPLOYERS.— 

14 (A) TWO YEARS FOR EMPLOYERS OF 100

15 OR MORE.—Entities that employ 100 or more 

16 individuals in the United States must satisfy 

17 the requirement in paragraph (1) by not later 

18 than two years after the date of the enactment 

19 of this Act. 

20 (B) THREE YEARS FOR EMPLOYERS WITH

21 30 OR MORE EMPLOYEES.—All entities that em22 ploy 30 or more individuals in the United 

23 States must satisfy the requirement in para24 graph (1) by not later than three years after 

25 the date of the enactment of this Act. 


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1 (C) FOUR YEARS FOR ALL EMPLOYERS.— 

2 All entities that employ one or more individuals 

3 in the United States must satisfy the require4 ment in paragraph (1) by not later than four 

5 years after the date of the enactment of this 

6 Act. 

7 (4) VERIFYING EMPLOYMENT AUTHORIZATION

8 OF CURRENT EMPLOYEES.—Every person or other 

9 entity that employs one or more persons in the 

10 United States shall verify through the E–Verify pro11 gram by not later than four years after the date of 

12 the enactment of this Act that each employee is au13 thorized to work in the United States. 

14 (5) DEFENSE.—In accordance with section 

15 274A(a)(3) of the Immigration and Nationality Act 

16 (8 U.S.C. 1324a(a)(3)), a person or entity that es17 tablishes that it has complied in good faith with the 

18 requirements of section 274A(b) of such Act with re19 spect to the hiring, recruiting, or referral for em20 ployment of an alien in the United States has estab21 lished an affirmative defense that the person or enti22 ty has not violated section 274A(a)(1)(A) of such 

23 Act with respect to such hiring, recruiting or refer24 ral. Furthermore an employer who has complied 

25 with the requirements in paragraphs (1) and (4) of 


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1 this Act shall not be liable for hiring an unauthor2 ized alien, if— 

3 (A) such hiring occurred due to an error in 

4 the E–Verify program that was unknown to the 

5 employer at the time of such hiring; and 

6 (B) the employer terminates the employ7 ment of the alien upon being informed of the 

8 error. 

9 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

10 failure of an employer to comply with the require11 ments in paragraphs (1) or (4) shall— 

12 (A) be treated as a violation of section 

13 274A(a)(1)(B) with respect to each offense; and 

14 (B) create a rebuttable presumption that 

15 the employer has violated section 

16 274A(a)(1)(A). 

17 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

18 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.— 

19 Nothing in this subsection shall be construed as pre20 venting a person or other entity that is not imme21 diately subject to the requirement of paragraph (1) 

22 pursuant to paragraph (2) or (3) from voluntarily 

23 using the E–Verify program to verify the employ24 ment authorization of new hires or current employ25 ees. 


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1 (8) STATE INTERFERENCE.—No State may 

2 prohibit a person or other entity from using the E– 

3 Verify program to verify the employment authoriza4 tion of new hires or current employees. 

5 (9) E–VERIFY STUDY.— 

6 (A) FINDINGS.—The Congress finds as fol7 lows: 

8 (i) A majority of the 0.4 percent of 

9 tentative non-confirmations that are issued 

10 within E–Verify to work authorized indi11 viduals occur due to incorrect or outdated 

12 information in the databases utilized by 

13 the system. For instance, an individual 

14 may have changed his or her name legally 

15 but has not updated their Social Security 

16 information to account for this change. 

17 This person would likely receive a tentative 

18 non-confirmation if their work eligibility 

19 were checked using E–Verify. 

20 (ii) E–Verify already provides employ21 ers and employees with simple and clear 

22 instructions on how inconsistencies in data 

23 can be corrected in order to verify the 

24 work eligibility of an employee. However, 

25 giving an individual the ability to verify his 


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1 or her own employment eligibility in ad2 vance of an official E–Verify query by an 

3 employer would allow that individual to 

4 correct data errors at his or her conven5 ience. This may also serve to lessen peak 

6 demand on Social Security Administration 

7 field offices. 

8 (B) STUDY.—The Government Account9 ability Office shall conduct a study to examine 

10 the potential of a secure method of allowing in11 dividuals to check their own work eligibility, so 

12 that they can address inconsistencies in their 

13 personal data that might otherwise cause them 

14 to be issued a tentative non-confirmation by E– 

15 Verify. The study shall be published within 6 

16 months after the date of enactment of this Act. 

17 (10) DOCUMENT FRAUD STUDY.—The Govern18 ment Accountability Office shall conduct a study to 

19 examine methods to combat document fraud, theft 

20 and forgery in the use and expansion of the E– 

21 Verify program. The report shall make recommenda22 tions to the appropriate agencies on ways to reduce 

23 instances of document fraud, theft and forgery. The 

24 report shall be published within six months after en25 actment of this Act. 


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1 SEC. 202. MONITORING AND COMPLIANCE. 

2 (a) ENHANCING MONITORING AND COMPLIANCE OF

3 E–VERIFY.—The Secretary of the Department of Home4 land Security is authorized take the following actions to 

5 increase the capability and effectiveness of the E–Verify 

6 employer Monitoring and Compliance team within Citizen7 ship and Immigration Services: 

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

9 fulltime employees dedicated to the development of 

10 thresholds and algorithms and quality assurance 

11 procedures for the monitoring of employer adherence 

12 to the conditions that are currently outlined in the 

13 E–Verify Memorandum of Understanding. 

14 (2) Increase as necessary the number of 

15 fulltime employees dedicated to outreach to employ16 ers using E–Verify and the creation of informational 

17 tools and corrective action procedures that will pro18 vide compliance assistance to these employers. These 

19 employees may also be utilized in the operation of 

20 the toll free compliance assistance call center. 

21 (3) Establish procedures for the identification 

22 of cases of potential fraud or misuse of E–Verify. 

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

25 and Customs Enforcement for further investigation 

26 as necessary. 


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1 (5) Report to Congress within one year of the 

2 date of enactment of this Act on the activities of the 

3 Office of Monitoring and Compliance which shall in4 clude— 

5 (A) a description of the types of fraud and 

6 misuse being detected by the thresholds and al7 gorithms used for employee monitoring within 

8 the Office; 

9 (B) the number and type of cases flagged 

10 by the Office and referred to Immigration and 

11 Customs Enforcement, as well as the outcome 

12 of these cases; and 

13 (C) an assessment of the number and the 

14 nature of calls received by the compliance as15 sistance call center. 

16 SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 

17 AND MULTIPLE USES. 

18 (a) NOTIFICATION OF MULTIPLE USES OF INDI19 VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 

20 any individual with concurrent earnings from more than 

21 one employer, the Commissioner of Social Security shall 

22 notify the individual that earnings from two or more em23 ployers are being reported under the individual’s Social 

24 Security account number (SSN). Such notice shall include, 

25 at a minimum— 


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1 (1) the name and location of each employer re2 porting benefits for an individual; 

3 (2) a warning that any inaccuracies in this in4 formation could indicate that the individual’s SSN is 

5 being fraudulently used by another individual; 

6 (3) an explanation of any potential risk that an 

7 individual is subject to if his or her SSN has been 

8 used or is being used by someone else; and 

9 (4) an SSA telephone number that an indi10 vidual may call to report inaccuracies in the use of 

11 their SSN. 

12 (b) INFORMATION SHARING WITH THE DEPART13 MENT OF HOMELAND SECURITY.— 

14 (1) Not later than 180 days following the date 

15 of enactment of this act, the Commissioner of Social 

16 Security shall promulgate regulations in accord with 

17 section 1306, title 42 (42 U.S.C. 1306), to require 

18 that information regarding all multiple use notifica19 tions that lead to the identification of an unauthor20 ized user of a Social Security account number be 

21 shared with the Secretary of the Department of 

22 Homeland Security on a timely basis. 

23 (2) Information to be shared with the Secretary 

24 shall include, at a minimum, the name and mailing 

25 address of all employees who are the subject of an 


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1 unresolved mismatch notification or who are unau2 thorized users of another individual’s Social Security 

3 account number. The names and addresses of the 

4 employers of these employees must also be provided. 

5 (3) The Secretary shall report to Congress an6 nually the number of cases that the Commissioner of 

7 Social Security has shared with the Department of 

8 Homeland Security regarding unauthorized users of 

9 a Social Security number and the actions that have 

10 been taken to resolve these cases. The first report 

11 shall be presented to Congress 1 year after the pas12 sage of this Act. 

13 SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

14 DEATH REGISTRATION SYSTEMS. 

15 (a) In consultation with the Secretary of Health and 

16 Human Services and the Commissioner of Social Security, 

17 the Secretary shall take the following actions: 

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

19 data set and common data exchange protocol for 

20 electronic birth registration systems and death reg21 istration systems. 

22 (2) Coordinate requirements for such systems 

23 to align with a national model. 

24 (3) Ensure that fraud prevention is built into 

25 the design of electronic vital registration systems in 


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1 the collection of vital event data, the issuance of 

2 birth certificates, and the exchange of data among 

3 government agencies. 

4 (4) Ensure that electronic systems for issuing 

5 birth certificates, in the form of printed abstracts of 

6 birth records or digitized images, employ a common 

7 format of the certified copy, so that those requiring 

8 such documents can quickly confirm their validity. 

9 (5) Establish uniform field requirements for 

10 State birth registries. 

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

12 enactment of this Act, establish a process with the 

13 Department of Defense that will result in the shar14 ing of data, with the States and the Social Security 

15 Administration, regarding deaths of United States 

16 military personnel and the birth and death of their 

17 dependents. 

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

19 enactment of this Act, establish a process with the 

20 Department of State to improve registration, notifi21 cation, and the sharing of data with the States and 

22 the Social Security Administration, regarding births 

23 and deaths of United States citizens abroad. 

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1 tion, require States to record and retain electronic 

2 records of pertinent identification information col3 lected from requestors who are not the registrants. 

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

5 the enactment of this Act, submit to Congress a re6 port on whether there is a need for Federal laws to 

7 address penalties for fraud and misuse of vital 

8 records and whether violations are sufficiently en9 forced. 

10 SEC. 205. PENALTY FOR FAILURE TO FILE CORRECT INFOR11 MATION RETURNS. 

12 (a) IN GENERAL.—Section 6721 of the Internal Rev13 enue Code of 1986 (26 U.S.C. 6721) is amended by add14 ing at the end the following: 

15 ‘‘(g) MOST EGREGIOUS NONCOMPLIANT EMPLOY16 ERS.—The Secretary shall assess the maximum allowable 

17 penalties on 100 percent of the employers designated in 

18 any tax year by the Social Security Administration as the 

19 most egregious noncompliant employers. 

20 ‘‘(h) EMPLOYMENT OF ALIEN NOT AUTHORIZED TO

21 BE EMPLOYED.—Notwithstanding any other provision in 

22 this section, in the case of a failure described in subsection 

23 (a)(2) with respect to any person employing an alien not 

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1 tion shall be determined in accordance with the following 

2 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.’’. 

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

4 subsection (a) shall apply to with respect to information 

5 returns required to be filed for years beginning after De6 cember 31, 2010. 

7 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as may be required to carry out this subtitle. 

10 Subtitle B—Nondeductibility of 

11 Wages Paid to Unauthorized Aliens 

12 SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAU13 THORIZED ALIENS MAY NOT BE DEDUCTED 

14 FROM GROSS INCOME. 

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

16 the Internal Revenue Code of 1986 (relating to illegal 

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

18 adding at the end the following new paragraph: 

19 ‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU20 THORIZED ALIENS.— 

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

22 allowed under subsection (a) for any wage paid 


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1 to or on behalf of an unauthorized alien, as de2 fined under section 274A(h)(3) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1324a(h)(3)). 

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

6 paragraph, the term ‘wages’ means all remu7 neration for employment, including the cash 

8 value of all remuneration (including benefits) 

9 paid in any medium other than cash. 

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

11 entity is participating in the E–Verify Program 

12 described in section 403 of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act 

14 of 1996 (8 U.S.C. 1324a note) and obtains con15 firmation of identity and employment eligibility 

16 in compliance with the terms and conditions of 

17 the program with respect to the hiring (or re18 cruitment or referral) of an employee, subpara19 graph (A) shall not apply with respect to wages 

20 paid to such employee.’’. 

21 (b) SIX-YEAR LIMITATION ON ASSESSMENT AND

22 COLLECTION.—Subsection (c) of section 6501 of such 

23 Code (relating to exceptions) is amended by adding at the 

24 end the following new paragraph: 


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1 ‘‘(12) DEDUCTION CLAIMED FOR WAGES PAID

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

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

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

5 assessed, or a proceeding in court for the collection 

6 of such tax may be begun without assessment, at 

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

8 (c) USE OF DOCUMENTATION FOR ENFORCEMENT

9 PURPOSES.—Section 274A of the Immigration and Na10 tionality Act (8 U.S.C. 1324a) is amended— 

11 (1) in subparagraph (b)(5), by inserting ‘‘, sec12 tion 162(c)(4) of the Internal Revenue Code of 

13 1986,’’ after ‘‘enforcement of this Act’’; 

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

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

16 1986,’’ after ‘‘enforcement of this Act’’; and 

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

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

19 1986 or’’ after ‘‘or enforcement of’’. 

20 (d) AVAILABILITY OF INFORMATION.— 

21 (1) IN GENERAL.—The Commissioner of Social 

22 Security, the Secretary of the Department of Home23 land Security, and the Secretary of the Treasury, 

24 shall jointly establish a program to share informa25 tion among such agencies that may or could lead to 


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1 the identification of unauthorized aliens (as defined 

2 under section 274A(h)(3) of the Immigration and 

3 Nationality Act), including any no-match letter, any 

4 information in the earnings suspense file, and any 

5 information in the investigation and enforcement of 

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

7 1986. 

8 (2) DISCLOSURE BY SECRETARY OF THE

9 TREASURY.— 

10 (A) IN GENERAL.—Subsection (i) of sec11 tion 6103 of the Internal Revenue Code of 1986 

12 is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(9) PAYMENT OF WAGES TO UNAUTHORIZED

15 ALIENS.—Upon request from the Commissioner of 

16 the Social Security Administration or the Secretary 

17 of the Department of Homeland Security, the Sec18 retary shall disclose to officers and employees of 

19 such Administration or Department— 

20 ‘‘(A) taxpayer identity information of em21 ployers who paid wages with respect to which a 

22 deduction was not allowed by reason of section 

23 162(c)(4), and 

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1 poses of carrying out any enforcement activities 

2 of such Administration or Department with re3 spect to such employers or individuals.’’. 

4 (B) Recordkeeping.—Paragraph (4) of sec5 tion 6103(p) of such Code is amended— 

6 (i) by striking ‘‘(5), or (7)’’ in the 

7 matter preceding subparagraph (A) and in8 serting ‘‘(5), (7), or (9)’’, and 

9 (ii) by striking ‘‘(5) or (7)’’ in sub10 paragraph (F)(ii) and inserting ‘‘(5), (7), 

11 or (9)’’. 

12 (e) EFFECTIVE DATE.— 

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

14 Act and the amendments made by this Act shall 

15 take effect on the date of the enactment of this Act. 

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

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

18 December 31, 2011. 

19 TITLE III—ENHANCING AND UTI20 LIZING CURRENT INTERIOR 

21 ENFORCEMENT METHODS 

22 SEC. 301. INCREASE INVESTIGATIVE EFFORTS. 

23 (a) FEDERAL AGENTS.—An increase of personnel 

24 and resources will be needed to successfully enforce U.S. 

25 immigration laws and punish those who violate them. To 


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1 this end, sufficient funds are authorized to be appro2 priated to employ 1,150 additional Immigration and Cus3 toms Enforcement Agents. 

4 (b) CRIMINAL ALIEN PROGRAM (CAP).—An addi5 tional 140 CAP officers are authorized to identify and re6 move criminal aliens encountered in Federal, State, and 

7 local detention facilities. 

8 (c) STATE AND LOCAL LAW ENFORCEMENT SUP9 PORT.—The Secretary of Homeland Security shall take 

10 necessary steps to allow for the training of a minimum 

11 of 250 State and local law enforcement officers in Federal 

12 immigration law enforcement procedure. This would be an 

13 expansion of an already active and successful program. 

14 SEC. 302. INCREASED OVERSIGHT OF AGENTS. 

15 To ensure the ability of Immigration and Customs 

16 Enforcement (ICE) and Customs and Border Patrol 

17 (CBP) to enforce integrity and ethical behavior through18 out their expanded ranks, the Secretary of Homeland Se19 curity shall add no fewer than 8 Special Agents to the 

20 Office of Professional Responsibility. 

21 SEC. 303. BORDER RELIEF GRANT PROGRAM. 

22 (a) IN GENERAL.—From amounts made available 

23 under section 304, the Secretary of Homeland Security 

24 may make grants to— 


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

2 which is within 25 miles of the southern border of 

3 the United States; and 

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

5 other political subdivision in a county any part of 

6 which is within 25 miles of the southern border of 

7 the United States (including tribal police depart8 ments serving a community any part of which is 

9 within 25 miles of such border). 

10 (b) USE OF FUNDS.— 

11 (1) IN GENERAL.—Grant funds received under 

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

13 (A) To conduct law enforcement operations 

14 in order to enforce criminal laws, prevent and 

15 punish criminal activity, and protect the lives, 

16 property, and security of the people within the 

17 jurisdiction of the grant recipient. 

18 (B) To transfer aliens detained or in the 

19 custody of the grant recipient who are not law20 fully present in the United States to appro21 priate Federal law enforcement officials. 

22 (C) To enforce State and Federal laws re23 lating to controlled substance trafficking and 

24 enforce other State and Federal criminal laws. 


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1 (2) PAYMENT OF COSTS.—Use of funds under 

2 paragraph (1) shall include payment for costs of— 

3 (A) hiring, equipping, training, and other4 wise controlling the operations and deployment 

5 of, law enforcement officials engaged in duties 

6 described in paragraph (1), as well as the costs 

7 of paying overtime to such officials; and 

8 (B) detaining, housing, and transporting 

9 aliens who are not lawfully present in the 

10 United States, and who are taken into custody 

11 by the grant recipient, until the aliens are 

12 transferred to appropriate Federal law enforce13 ment officials. 

14 (3) DETENTION FACILITIES.—In accordance 

15 with paragraph (2)(B), grant funds received under 

16 subsection (a) may be used for the construction, 

17 maintenance, and operation of detention facilities to 

18 detain aliens who are unlawfully present in the 

19 United States, except that not more than 20 percent 

20 of such funds may be used for the construction or 

21 renovation of detention or similar facilities. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—Each eligible law enforce24 ment agency seeking a grant under this section shall 

25 submit an application to the Secretary of Homeland 


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

3 Homeland Security may reasonably require. 

4 (2) CONTENTS.—Each application submitted 

5 pursuant to paragraph (1) shall— 

6 (A) describe the activities for which assist7 ance under this section is sought; and 

8 (B) provide such additional assurances as 

9 the Secretary of Homeland Security determines 

10 to be essential to ensure compliance with the re11 quirements of this section. 

12 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary of Homeland Security to carry out this section 

15 $200,000,000 for fiscal year 2012 and each succeeding 

16 fiscal year. 

17 SEC. 305. REGULATIONS. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of Homeland Security shall 

20 issue regulations to carry out this Act. 

21 SEC. 306. REWARDS PROGRAM. 

22 (a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 

23 1324) is amended by adding at the end the following: 

24 ‘‘(e) REWARDS PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—There is established in the 

2 Department of Homeland Security a program for 

3 the payment of rewards to carry out the purposes of 

4 this section. 

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

6 designed to assist in the elimination of commercial 

7 operations to produce or sell fraudulent documents 

8 to be used for entering or remaining in the United 

9 States unlawfully and to assist in the investigation, 

10 prosecution, or disruption of a commercial alien 

11 smuggling operation. 

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

13 shall be administered by the Secretary of Homeland 

14 Security, in consultation, as appropriate, with the 

15 Attorney General and the Secretary of State. 

16 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis17 cretion of the Secretary of Homeland Security, such 

18 Secretary, in consultation, as appropriate, with the 

19 Attorney General and the Secretary of State, may 

20 pay a reward to any individual who furnishes infor21 mation or testimony leading to— 

22 ‘‘(A) the arrest or conviction of any indi23 vidual conspiring or attempting to produce or 

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1 fully or to commit an act of commercial alien 

2 smuggling involving the transportation of 

3 aliens; 

4 ‘‘(B) the arrest or conviction of any indi5 vidual committing such an act; 

6 ‘‘(C) the arrest or conviction of any indi7 vidual aiding or abetting the commission of 

8 such an act; 

9 ‘‘(D) the prevention, frustration, or favor10 able resolution of such an act, including the dis11 mantling of an operation to produce or sell 

12 fraudulent documents to be used for entering or 

13 remaining in the United States, or commercial 

14 alien smuggling operations, in whole or in sig15 nificant part; or 

16 ‘‘(E) the identification or location of an in17 dividual who holds a key leadership position in 

18 an operation to produce or sell fraudulent docu19 ments to be used for entering or remaining in 

20 the United States unlawfully or a commercial 

21 alien smuggling operation involving the trans22 portation of aliens. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection. 


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1 Amounts appropriated under this paragraph shall 

2 remain available until expended. 

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

4 any Federal, State, local, or foreign government 

5 who, while in performance of his or her official du6 ties, furnishes information described in paragraph 

7 (4) shall not be eligible for a reward under this sub8 section for such furnishing. 

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

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

11 Attorney General determines that an individual who 

12 furnishes information or testimony described in 

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

14 daughter of such an individual, must be protected, 

15 such official may take such lawful action as the offi16 cial considers necessary to effect such protection. 

17 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

18 ‘‘(A) MAXIMUM AMOUNT.—No reward 

19 under this subsection may exceed $100,000. 

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

21 subsection exceeding $50,000 shall be person22 ally approved by the Secretary of Homeland Se23 curity. 

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

25 reward granted under this subsection shall be 


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1 certified for payment by the Secretary of Home2 land Security. 

3 ‘‘(9) PUBLICITY.—The Department of Home4 land Security shall be responsible for developing and 

5 implementing an advertising strategy to make known 

6 the rewards described within this section in order to 

7 solicit informants.’’. 

8 SEC. 307. INCREASED DETENTION FACILITIES FOR ALIENS 

9 APPREHENDED FOR ILLEGAL ENTRY. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity shall make arrangements for the availability of 8,000 

12 additional beds for detaining aliens taken into custody by 

13 immigration officials. 

14 (b) IMPLEMENTATION.—Efforts shall be made to— 

15 (1) contract private facilities whenever possible 

16 to promote efficient use and to limit the Federal 

17 Government’s maintenance of and liability for addi18 tional infrastructure; 

19 (2) utilize State and local facilities for the pro20 vision of additional beds; and 

21 (3) utilize BRAC facilities or active duty facili22 ties. 

23 (c) CONSTRUCTION.—The Department of Homeland 

24 Security shall construct facilities as necessary to meet the 

25 remainder of the 8,000 new beds to be provided. 


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1 (d) RESPONSIBILITIES.—The Secretary of Homeland 

2 Security shall be responsible for providing humane condi3 tions, health care, nutrition, and psychological services, as 

4 well as education for minors. 

5 (e) AUTHORIZATION.—All funds necessary to accom6 plish the directives within this section are authorized to 

7 be appropriated. 

8 SEC. 308. ADDITIONAL IMMIGRATION JUDGESHIPS AND 

9 LAW CLERKS. 

10 (a) JUDGESHIPS.—The Attorney General shall create 

11 and fill twenty additional Immigration Judgeships within 

12 6 months after the date of enactment of this Act. 

13 (b) CLERKSHIPS.—The Attorney General shall also 

14 ensure that for every two Immigration Judges there shall 

15 be no fewer than one law clerk dedicated to assisting Im16 migration Judges. 

17 SEC. 309. MEDIA CAMPAIGN. 

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

19 Secretary of Homeland Security shall develop strategies 

20 to inform the public of changes in immigration policies 

21 created by provisions in this legislation. 

22 (b) NOTIFICATION OF CHANGES TO EMPLOYMENT

23 VERIFICATION PROCESS.—The Secretary of Labor shall 

24 employ, at his or her discretion, a combination of multi25 lingual print, television, Internet, and radio media to noVerDate Mar 15 2010 21:54 Jun 01, 2011 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H2000.IH H2000

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•HR 2000 IH

1 tify employers of changes to the employment verification 

2 process. Announcements should encourage compliance 

3 with new legislation and should explain penalties for non4 compliance with provisions within this Act. 

5 (c) MULTILINGUAL MEDIA CAMPAIGN.—The Sec6 retary of Homeland Security shall also develop a multi7 lingual media campaign explaining the extent of this legis8 lation, the timelines therein, and the penalties for non9 compliance with this Act. Announcements should be tar10 geted toward undocumented aliens and should empha11 size— 

12 (1) provisions in this Act that enhance border 

13 security and interior enforcement; 

14 (2) punishment for apprehension and forced re15 moval of undocumented aliens; and 

16 (3) legal methods of reentering the United 

17 States, including temporary work visas. 

18 (d) COOPERATION WITH OTHER GOVERNMENTS.— 

19 The Secretary of Homeland Security shall make all rea20 sonable attempts to cooperate with the governments of the 

21 countries from which the largest number of undocumented 

22 aliens originate in the implementation of this media cam23 paign. 

Æ 


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