I 

111TH CONGRESS 

2D SESSION H. R. 5836 

To provide for improved border security and to ensure that employers that 

participate in the E-Verify Program are not subject to unjustified penalties. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2010 

Mr. GRAVES of Missouri introduced the following bill; which was referred to 

the Committee on Homeland Security, and in addition to the Committees 

on the Judiciary and Education and Labor, 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 for improved border security and to ensure that 

employers that participate in the E-Verify Program are 

not subject to unjustified penalties. 

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. 

4 This Act may be cited as the ‘‘Border Security and 

5 Employee Verification Improvement Act of 2010’’. 

6 SEC. 2. INCREASE IN BORDER PATROL AGENTS. 

7 (a) ANNUAL INCREASES.—The Secretary of Home8 land Security shall, subject to the availability of appropriaVerDate Mar 15 2010 05:25 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5836.IH H5836

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1 tions for such purpose, increase the number of positions 

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

3 Department of Homeland Security (above the number of 

4 positions for which funds were appropriated for the pre5 ceding fiscal year), by— 

6 (1) 2,000 in fiscal year 2011; 

7 (2) 2,000 in fiscal year 2012; and 

8 (3) 2,000 in fiscal year 2013. 

9 (b) ALLOCATIONS.—Of the Border Patrol agents 

10 specified in subsection (a), 100 percent shall be deployed 

11 along the southern border of the United States. 

12 SEC. 3. INFRASTRUCTURE IMPROVEMENTS. 

13 The Secretary of Homeland Security shall, as the 

14 case may be and subject to the availability of appropria15 tions for such purposes, construct or purchase— 

16 (1) office facilities to accommodate additional 

17 Border Patrol agents; 

18 (2) sport utility vehicles or all terrain vehicles 

19 for such agents; 

20 (3) additional fencing in urban areas of the 

21 southern border of the United States; and 

22 (4) vehicle barriers to support, not replace, 

23 manpower in rural and remote areas of the southern 

24 border of the United States to achieve operational 

25 control of such border. 


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1 SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE 

2 SOUTHERN BORDER OF THE UNITED STATES. 

3 (a) IN GENERAL.—Section 102(b)(1)(A) of the Ille4 gal Immigration Reform and Immigrant Responsibility 

5 Act of 1996 (8 U.S.C. 1103 note) is amended to read as 

6 follows: 

7 ‘‘(A) TWO-LAYERED REINFORCED FENC8 ING.— 

9 ‘‘(i) IN GENERAL.—In carrying out 

10 subsection (a), the Secretary of Homeland 

11 Security shall construct two layers of rein12 forced physical fencing along not fewer 

13 than 150 miles of the southern border of 

14 the United States where such fencing 

15 would be most practical and effective to 

16 deter and prevent unlawful border cross17 ings. 

18 ‘‘(ii) BORDER PATROL ACCESS

19 ROAD.—The two-layered reinforced phys20 ical fencing required under clause (i) shall 

21 be separated by a Border Patrol access 

22 road. 

23 ‘‘(iii) CONSTRUCTION DEADLINE.— 

24 ‘‘(I) IN GENERAL.—Not later 

25 than three years after the date of the 

26 enactment of this subparagraph, the 


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1 Secretary of Homeland Security shall 

2 ensure the completion of the construc3 tion of the two-layered reinforced 

4 fencing required under clause (i) and 

5 the construction of the Border Patrol 

6 access road required under clause (ii). 

7 ‘‘(II) REPORT.—If the Secretary 

8 of Homeland Security is unable to 

9 complete the construction of such 

10 fencing and access road by the date 

11 specified in subclause (I), the Sec12 retary shall submit to Congress a re13 port describing why such construction 

14 was not so completed. 

15 ‘‘(iv) PROHIBITION ON PREEXISTING

16 FENCING TO SATISFY MILEAGE REQUIRE17 MENT.—In carrying out clause (i), the Sec18 retary of Homeland Security may not con19 sider fencing along the southern border of 

20 the United States in existence on the date 

21 of the enactment of this subparagraph for 

22 purposes of satisfying the mileage require23 ment specified in such clause.’’. 

24 (b) REPORT.—Not later than 180 days after the date 

25 of the enactment of this Act, the Secretary of Homeland 


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1 Security shall submit to the Committee on Homeland Se2 curity of the House of Representatives and the Committee 

3 on Homeland Security and Governmental Affairs of the 

4 Senate a report containing a plan for construction of a 

5 physical fence along the entire southern border of the 

6 United States and including the following information: 

7 (1) The amount of fencing (measured in miles) 

8 necessary to complete such plan. 

9 (2) A timeline for completion of such plan. 

10 (3) An identification of high-traffic areas that 

11 are prioritized for such construction. 

12 (4) Additional resources needed from Congress 

13 relating to such construction. 

14 SEC. 5. STUDY ON E-VERIFY PROGRAM. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Secretary of Homeland Security shall con17 duct a study on the E-Verify Program established under 

18 title IV of the Illegal Immigration Reform and Immigrant 

19 Responsibility Act of 1996 (8 U.S.C. 1324a note). The 

20 study shall include the following: 

21 (1) The number of employers that voluntarily 

22 participate in the E-Verify Program. 

23 (2) The number of employers required by law to 

24 participate in the E-Verify Program. 


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1 (3) The number of employers that, while fully 

2 participating in the E-Verify program, employed un3 authorized aliens (as such term is defined in section 

4 274A(h)(3) of the Immigration and Nationality Act 

5 (8 U.S.C. 1324a(h)(3))). 

6 (4) A determination by the Secretary as to the 

7 feasibility of improving the E-Verify Program by in8 corporating additional sources of information, in9 cluding— 

10 (A) the databases and resources used by 

11 United States Immigration and Customs En12 forcement in an I–9 audit; 

13 (B) State-owned databases and informa14 tion from State documents; and 

15 (C) information about reported lost or sto16 len identities. 

17 (5) A determination by the Secretary as to 

18 whether existing legal protections for employers who 

19 properly participate in the E-Verify program are 

20 sufficient to fully protect them from civil or criminal 

21 liability for the employment of unauthorized aliens 

22 (as such term is defined in section 274A(h)(3) of the 

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

24 1324a(h)(3))). 

Æ 


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