I 

111TH CONGRESS 

1ST SESSION H. R. 3308 

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 

JULY 23, 2009 

Mr. SHULER (for himself, Mr. ALTMIRE, Mr. ARCURI, Mr. BARROW, Ms. 

BEAN, Mr. BISHOP of Georgia, Mr. BOUCHER, Mr. DAVIS of Alabama, 

Mr. GORDON of Tennessee, Mr. HILL, Mr. KAGEN, Mr. KANJORSKI, Mr. 

MARSHALL, Mr. MCINTYRE, Mr. MELANCON, Mr. PATRICK J. MURPHY

of Pennsylvania, Mr. SPACE, Mr. STUPAK, Mr. TAYLOR, Mr. VISCLOSKY, 

Mr. CHILDERS, Mr. BOYD, Mr. NYE, Mr. KISSELL, Mr. KRATOVIL, Mr. 

GRIFFITH, Mr. BRIGHT, Mr. MINNICK, Mr. DONNELLY of Indiana, Mr. 

ROSS, Mr. ELLSWORTH, Mr. RODRIGUEZ, Mr. CARNEY, Mr. BARRETT of 

South Carolina, Mr. BOOZMAN, Mr. BRADY of Texas, Ms. GINNY

BROWN-WAITE of Florida, Mr. BURTON of Indiana, Mr. BUYER, Mr. 

CAMPBELL, Mr. COBLE, Mr. CONAWAY, Mr. CRENSHAW, Mr. DUNCAN, 

Mr. FRANKS of Arizona, Mr. GINGREY of Georgia, Mr. KING of Iowa, Mr. 

LINDER, Mr. MCCAUL, Mr. GARY G. MILLER of California, Mrs. 

MYRICK, Mr. POE of Texas, Mr. ROHRABACHER, Mr. ROSKAM, Mr. 

YOUNG of Alaska, Mr. YOUNG of Florida, Mr. ROE of Tennessee, Mr. 

MCCLINTOCK, Mr. CULBERSON, Mr. OLSON, Mr. WHITFIELD, Mr. 

TIAHRT, Mr. LAMBORN, Mr. HUNTER, Mr. BILBRAY, Mr. MCHENRY, Mr. 

ROYCE, Mr. GALLEGLY, Mr. DAVIS of Kentucky, Mr. GOODLATTE, Mr. 

GRAVES, Mr. MANZULLO, Mr. LUETKEMEYER, Mrs. CAPITO, Mr. MORAN

of Kansas, and Mr. DEAL of Georgia) 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 

Labor, 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 


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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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Secure America Through Verification and Enforcement 

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

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

8 this Act is as follows: 

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. 


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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 

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: 


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

2 AGENTS. 

3 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home4 land Security shall, subject to the availability of appropria5 tions for such purpose, increase the number of positions 

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

7 Department of Homeland Security (above the number of 

8 positions for which funds were appropriated for the pre9 ceding fiscal year), by— 

10 ‘‘(1) 2,000 in fiscal year 2010; 

11 ‘‘(2) 1,500 in fiscal year 2011; 

12 ‘‘(3) 1,000 in fiscal year 2012; 

13 ‘‘(4) 1,000 in fiscal year 2013; and 

14 ‘‘(5) 500 in fiscal year 2014. 

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

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

17 along the southern border of the United States and 20 

18 percent shall be deployed along the northern border of the 

19 United States. 

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

21 necessary funds are authorized to be appropriated for each 

22 of fiscal years 2010 through 2014 to carry out this sec23 tion.’’. 

24 (b) INVESTIGATIVE PERSONNEL.— 

25 (1) ADDITIONAL INVESTIGATIVE PERSONNEL

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1 tions authorized under section 5203 of the Intel2 ligence Reform and Terrorism Prevention Act of 

3 2004, as amended by paragraph (1), during each of 

4 the fiscal years 2010 through 2014, the Secretary 

5 shall, subject to the availability of appropriations, in6 crease by not less than 350 the number of positions 

7 for personnel within the Department assigned to 

8 specifically investigate alien smuggling. 

9 (2) ADDITIONAL FUNDS AND PERSONNEL FOR

10 THE TUNNEL TASK FORCE.—Subject to appropria11 tions, the fiscal year 2010 budget of the Tunnel 

12 Task Force, a joint force comprised of Immigration 

13 and Customs Enforcement (ICE), Customs and Bor14 der Patrol (CBP), and Drug Enforcement Adminis15 tration (DEA) personnel tasked to pinpoint tunnels 

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

17 smuggle narcotics, illegal aliens, and weapons, shall 

18 be increased by 50 percent above the fiscal year 

19 2007 budget. Such increase shall be used to increase 

20 personnel, improve communication and coordination 

21 between participant agencies, upgrade technology, 

22 and offer cash rewards and appropriate security to 

23 individuals who provide the Tunnel Task Force with 

24 accurate information on existing tunnels that breach 

25 the international borders of the United States. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 The necessary funds are authorized to be appro3 priated to the Secretary for each of the fiscal years 

4 2010 through 2014 to carry out this section. 

5 (c) RECRUITMENT OF FORMER MEMBERS OF THE

6 ARMED FORCES AND MEMBERS OF RESERVE COMPO7 NENTS OF THE ARMED FORCES.— 

8 (1) REQUIREMENT FOR PROGRAM.—The Sec9 retary, in conjunction with the Secretary of Defense, 

10 shall establish a program to actively recruit covered 

11 members (a member of a reserve component of the 

12 Armed Forces) or former members of the Armed 

13 Forces and National Guard to serve in United 

14 States Customs and Border Protection. 

15 (2) REPORT ON RECRUITMENT INCENTIVES.— 

16 Not later than 90 days after the date of enactment 

17 of this Act, the Secretary and the Secretary of De18 fense shall jointly submit to the ‘‘appropriate’’ com19 mittees of Congress a report that shall include an 

20 assessment of the desirability and feasibility of offer21 ing an incentive to a covered member or former 

22 member of the Armed Forces for the purpose of en23 couraging such member to serve in United States 

24 Customs and Border Patrol and Immigration and 

25 Customs Enforcement— 


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1 (A) the Secretary must provide a descrip2 tion of various monetary and non-monetary in3 centives considered for purposes of the report; 

4 and 

5 (B) the Secretary must provide an assess6 ment of the desirability and feasibility of uti7 lizing any such incentive. 

8 (3) RECOMMENDATIONS FOR RECRUITMENT IN9 CENTIVES.— 

10 (A) MAXIMUM STUDENT LOAN REPAY11 MENTS FOR UNITED STATES BORDER PATROL

12 AGENTS WITH A TWO-YEAR COMMITMENT.— 

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

14 is amended by adding at the end the following: 

15 ‘‘(4) In the case of an employee (otherwise eligi16 ble for benefits under this section) who is serving as 

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

18 agent within the Department of Homeland Secu19 rity— 

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

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

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

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

24 (B) RECRUITMENT AND RELOCATION BO25 NUSES AND RETENTION ALLOWANCES FOR PERVerDate Nov 24 2008 03:07 Jul 25, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3308.IH H3308

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1 SONNEL OF THE DEPARTMENT OF HOMELAND

2 SECURITY.—The Secretary of Homeland Secu3 rity shall ensure that the authority to pay re4 cruitment and relocation bonuses under section 

5 5753 of title 5, United States Code, the author6 ity to pay retention bonuses under section 5754 

7 of such title, and any other similar authorities 

8 available under any other provision of law, rule, 

9 or regulation, are exercised to the fullest extent 

10 allowable in order to encourage service in the 

11 Department of Homeland Security. 

12 (4) DEFINITION.—The term ‘‘appropriate com13 mittees of Congress’’ means— 

14 (A) the Committee on Appropriations, the 

15 Committee on Armed Services, and the Com16 mittee on Homeland Security of the House of 

17 Representatives; and 

18 (B) the Committee on Appropriations, the 

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

22 SEC. 102. TECHNOLOGY. 

23 (a) EQUIPMENT SHARING BETWEEN DEPARTMENT

24 OF HOMELAND SECURITY AND DEPARTMENT OF DE25 FENSE.—The Secretaries of these two departments shall 


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1 develop and implement a plan to use authorities provided 

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

3 United States Code, to increase the availability and use 

4 of Department of Defense equipment, including unmanned 

5 aerial vehicles, tethered aerostat radars, and other surveil6 lance equipment, to assist the Secretary in carrying out 

7 surveillance activities conducted at or near the inter8 national land borders of the United States to prevent ille9 gal immigration. 

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

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

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

13 submit to Congress a report that contains— 

14 (1) a description of the current use of Depart15 ment of Defense equipment to assist the Secretary 

16 in carrying out surveillance of the international land 

17 borders of the United States and assessment of the 

18 potential risks to citizens of the United States and 

19 key foreign policy interests associated with the use 

20 of such equipment; 

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

22 increase the use of Department of Defense equip23 ment to assist such surveillance activities; and 

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

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1 fense under such plan during the 1-year period be2 ginning on the date of the submission of the report. 

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

4 as expeditiously as practicable, develop and implement a 

5 plan to improve the use of satellite communications and 

6 other technologies to ensure clear and secure 2-way com7 munication capabilities— 

8 (1) among all Border Patrol agents conducting 

9 operations between ports of entry; 

10 (2) between Border Patrol agents and their re11 spective Border Patrol stations; and 

12 (3) between all appropriate law enforcement 

13 agencies of the Department and State, local, and 

14 tribal law enforcement agencies. 

15 (d) OTHER TECHNOLOGY UPGRADES.—The Sec16 retary shall purchase and implement new technology to se17 cure the borders, including, but not limited to drones, in18 frared cameras, sensors, mobile lighting units, radar and 

19 infrared heat. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—The nec21 essary funds are authorized to be appropriated to the Sec22 retary for each of the fiscal years 2010 through 2014 to 

23 carry out this section. 


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1 SEC. 103. INFRASTRUCTURE. 

2 (a) INFRASTRUCTURE IMPROVEMENTS.—Subject to 

3 the availability of appropriations, the Secretary shall con4 struct or purchase— 

5 (1) office facilities to accommodate additional 

6 border patrol manpower; 

7 (2) sport utility vehicles for officers; 

8 (3) all weather roads for better vehicle access 

9 and performance on remote and rugged terrain 

10 (road construction should be done in consultation 

11 with the owner of the land and take into account 

12 any environmental or other land-use issues that are 

13 relevant); 

14 (4) additional fencing (and aesthetic fencing in 

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

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

17 manpower, in rural and remote areas of the border 

18 necessary to achieve operational control of the inter19 national borders of the United States. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—The nec21 essary funds are authorized to be appropriated to the Sec22 retary for each of the fiscal years 2010 through 2014 to 

23 carry out this section. 

24 SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 

25 (a) UNMANNED AERIAL VEHICLE PILOT PRO26 GRAM.—During the 1-year period beginning on the date 


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

2 Secretary shall conduct a pilot program to test unmanned 

3 aerial vehicles for border surveillance along the inter4 national border between Canada and the United States. 

5 (b) UNMANNED AERIAL VEHICLES AND ASSOCIATED

6 INFRASTRUCTURE.—The Secretary shall acquire and 

7 maintain unmanned aerial vehicles and related equipment 

8 for use to patrol the international borders of the United 

9 States, including equipment such as— 

10 (1) additional sensors; 

11 (2) satellite command and control; and 

12 (3) other necessary equipment for operational 

13 support. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 appropriated to the Secretary for each of the fiscal 

17 years 2010 and 2011 such sums as may be nec18 essary to carry out subsection (b). 

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to the authorization of appropria21 tions in paragraph (1) are authorized to remain 

22 available until expended. 

23 (d) AERIAL SURVEILLANCE PROGRAM.— 

24 (1) IN GENERAL.—In conjunction with the bor25 der surveillance plan developed under section 5201 


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1 of the Intelligence Reform and Terrorism Prevention 

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

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

4 date of enactment of this Act, shall develop and im5 plement a program to fully integrate and utilize aer6 ial surveillance technologies, including unmanned 

7 aerial vehicles, to enhance the security of the inter8 national border between the United States and Can9 ada and the international border between the United 

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

11 to ensure continuous monitoring of each mile of each 

12 border. 

13 (2) ASSESSMENT AND CONSULTATION REQUIRE14 MENTS.—In developing the program under this sub15 section, the Secretary shall— 

16 (A) consider current and proposed aerial 

17 surveillance technologies; 

18 (B) assess the feasibility and advisability 

19 of utilizing such technologies to address border 

20 threats, including an assessment of the tech21 nologies considered best suited to address re22 spective threats; 

23 (C) consult with the Secretary of Defense 

24 regarding any technologies or equipment, which 


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1 the Secretary may deploy along an international 

2 border of the United States; and 

3 (D) consult with the Administrator of the 

4 Federal Aviation Administration regarding safe5 ty, airspace coordination and regulation, and 

6 any other issues necessary for implementation 

7 of the program. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.— 

9 The necessary funds are authorized to be appro10 priated to carry out this subsection. 

11 (e) INTEGRATED AND AUTOMATED SURVEILLANCE

12 PROGRAM.— 

13 (1) REQUIREMENT FOR PROGRAM.—Subject to 

14 the availability of appropriations, the Secretary shall 

15 establish a program to procure additional unmanned 

16 aerial vehicles, drones, cameras, poles, sensors, sat17 ellites, radar coverage, and other technologies nec18 essary to achieve operational control of the inter19 national borders of the United States and to estab20 lish a security perimeter known as a ‘‘virtual fence’’ 

21 along such international borders to provide a barrier 

22 to illegal immigration. 

23 (2) PROGRAM COMPONENTS.—The Secretary 

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


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1 (A) the technologies utilized in the Inte2 grated and Automated Surveillance Program 

3 are integrated and function cohesively in an 

4 automated fashion, including the integration of 

5 motion sensor alerts and cameras in a manner 

6 where a sensor alert automatically activates a 

7 corresponding camera to pan and tilt in the di8 rection of the triggered sensor; 

9 (B) cameras utilized in the program do not 

10 have to be manually operated; 

11 (C) such camera views and positions are 

12 not fixed; 

13 (D) surveillance video taken by such cam14 eras is able to be viewed at multiple designated 

15 communications centers; 

16 (E) a standard process is used to collect 

17 and record, catalog, and report intrusion and 

18 response data collected under the Program; 

19 (F) future remote surveillance technology 

20 investments and upgrades for the program can 

21 be integrated with existing systems; 

22 (G) performance measures are developed 

23 and applied that can evaluate whether the pro24 gram is providing desired results and increasing 

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1 ing illegal intrusions along the international 

2 borders of the United States; 

3 (H) plans are developed under the program 

4 to streamline site selection and site validation 

5 processes to minimize delays of installing sur6 veillance technology infrastructure; 

7 (I) standards are developed under the pro8 gram to expand the shared use of existing pri9 vate and governmental structures to install re10 mote surveillance technology infrastructure 

11 where possible; 

12 (J) standards are developed under the pro13 gram to identify and deploy the use of non14 permanent or mobile surveillance platforms that 

15 will increase the Secretary’s mobility and ability 

16 to identify illegal border intrusions; and 

17 (K) Border Patrol agents respond to each 

18 reported intrusion that appears to involve aliens 

19 or smugglers. 

20 (3) EVALUATION OF CONTRACTORS.— 

21 (A) REQUIREMENT FOR STANDARDS.—The 

22 Secretary shall develop appropriate standards 

23 to evaluate the performance of any contractor 

24 providing goods or services to carry out the In25 tegrated and Automated Surveillance Program. 


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1 (B) REVIEW BY THE COMPTROLLER GEN2 ERAL OF THE UNITED STATES.— 

3 (i) IN GENERAL.—The Comptroller 

4 General of the United States shall review 

5 each new contract related to the Program 

6 and should report to Congress regarding 

7 contracts with a value of more than 

8 $5,000,000 in a timely manner, to deter9 mine whether such contract fully complies 

10 with applicable cost requirements, perform11 ance objectives, program milestones, and 

12 schedules. 

13 (ii) REPORTS.—The Comptroller Gen14 eral of the United States shall report the 

15 findings of each review carried out under 

16 clause (i) to the Secretary in a timely man17 ner. 

18 (4) AUTHORIZATION OF APPROPRIATIONS.— 

19 The necessary funds are authorized to be appro20 priated to carry out this subsection. 


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1 Subtitle B—Strategies and Prog2 ress Reports for Securing Amer3 ica’s Borders 

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

5 (a) REQUIREMENT FOR NATIONAL STRATEGY.—The 

6 Secretary, in consultation with the heads of other appro7 priate Federal agencies, shall develop a national strategy 

8 to secure the borders that describes actions to be carried 

9 out to achieve operational control over all ports of entry 

10 into the United States and the international land and mar11 itime borders of the United States by December 31, 2013. 

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

13 borders shall include the following: 

14 (1) An assessment of the threats posed by ter15 rorists and terrorist groups that may try to infiltrate 

16 the United States at locations along the inter17 national land and maritime borders of the United 

18 States. 

19 (2) A risk assessment for all United States 

20 ports of entry and all portions of the international 

21 land and maritime borders of the United States that 

22 includes a description of activities being under23 taken— 

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

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1 cotics, and other contraband into the United 

2 States; and 

3 (B) to protect critical infrastructure at or 

4 near such ports of entry or borders. 

5 (3) An assessment of the most appropriate, 

6 practical, and cost-effective means of defending the 

7 international land and maritime borders of the 

8 United States against threats to security and illegal 

9 transit, including intelligence capacities, technology, 

10 equipment, personnel, and training needed to ad11 dress security vulnerabilities. 

12 (4) An assessment of staffing needs for all bor13 der security functions, taking into account threat 

14 and vulnerability information pertaining to the bor15 ders and the impact of new security programs, poli16 cies, and technologies. 

17 (5) A description of the border security roles 

18 and missions of Federal Government, State govern19 ment, local government, and tribal authorities, and 

20 recommendations regarding actions the Secretary 

21 can carry out to improve coordination with such au22 thorities to enable border security and enforcement 

23 activities to be carried out in a more efficient and 

24 effective manner. 


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1 (6) An assessment of existing efforts and tech2 nologies used for border security and the effect of 

3 the use of such efforts and technologies on civil 

4 rights, private property rights, privacy rights, and 

5 civil liberties, including an assessment of efforts to 

6 take into account asylum seekers, trafficking vic7 tims, unaccompanied minor aliens, refugees and 

8 other vulnerable populations, as well as the effects 

9 on Americans living in the border region and local, 

10 State, and Federal law enforcement officers working 

11 in the border region. 

12 (7) A prioritized list of research and develop13 ment objectives to enhance the security of the inter14 national land and maritime borders of the United 

15 States. 

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

17 free flow of lawful travel and commerce is not unrea18 sonably diminished by efforts, activities, and pro19 grams aimed at securing the international land and 

20 maritime borders of the United States. 

21 (9) An assessment of additional detention facili22 ties and beds that are needed to detain unlawful 

23 aliens apprehended at United States ports of entry 

24 or along the international land borders of the United 

25 States. 


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1 (10) A description of the performance metrics 

2 to be used to ensure accountability by the bureaus 

3 of the Department in implementing such strategy. 

4 (11) A schedule for the implementation of the 

5 security measures described in said strategy, includ6 ing a prioritization of security measures, realistic 

7 deadlines for addressing the security and enforce8 ment needs, an estimate of the resources needed to 

9 carry out such measures, and a description of how 

10 such resources should be allocated. 

11 (c) CONSULTATION.—In developing the national 

12 strategy for border security, the Secretary shall consult 

13 with representatives of— 

14 (1) State, local, and tribal governmental au15 thorities with responsibility for locations along the 

16 international land and maritime borders of the 

17 United States; and 

18 (2) appropriate private sector entities, non19 governmental organizations, and affected commu20 nities that have expertise in areas related to border 

21 security. 

22 (d) COORDINATION.—The national strategy for bor23 der security shall be consistent with the National Strategy 

24 for Maritime Security developed pursuant to Homeland 


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1 Security Presidential Directive 13, dated December 21, 

2 2004. 

3 (e) SUBMISSION TO CONGRESS.— 

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

5 2010, the Secretary shall submit to Congress the na6 tional strategy for border security. 

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

8 Congress any update of such strategy that the Sec9 retary determines is necessary, not later than 30 

10 days after such update is developed. 

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

12 may be construed to relieve the Secretary of the responsi13 bility to take all actions necessary and appropriate to 

14 achieve and maintain operational control over the entire 

15 international land and maritime borders of the United 

16 States. 

17 SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER 

18 INITIATIVE. 

19 (a) COMPTROLLER GENERAL OF THE UNITED

20 STATES.— 

21 (1) ACTION.—If the Comptroller General of the 

22 United States becomes aware of any improper con23 duct or wrongdoing in the course of conducting a 

24 contract review under the Secure Border Initiative, 

25 the Comptroller General of the United States shall, 


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1 as expeditiously as practicable, refer information re2 lating to such improper conduct or wrongdoing to 

3 Congress and to the Secretary of Homeland Secu4 rity, or to another appropriate official of the Depart5 ment of Homeland Security, who shall determine 

6 whether to temporarily suspend the contractor from 

7 further participation in the Secure Border Initiative 

8 or make said contract null and void. 

9 (2) REPORT.—Upon the completion of each re10 view described in paragraph (1), the Comptroller 

11 General of the United States shall submit to Con12 gress and to the Secretary a report containing the 

13 findings of the review, including findings regard14 ing— 

15 (A) cost overruns; 

16 (B) significant delays in contract execu17 tion; 

18 (C) lack of rigorous departmental contract 

19 management; 

20 (D) insufficient departmental financial 

21 oversight; 

22 (E) bundling that limits the ability of 

23 small businesses to compete; or 

24 (F) other high-risk business practices. 

25 (b) REPORTS BY THE SECRETARY.— 


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

2 the receipt of each report required under subsection 

3 (a)(2), the Secretary shall submit a report to the 

4 Committee on the Judiciary and the Committee on 

5 Homeland Security of the House of Representatives 

6 and the Committee on the Judiciary and the Com7 mittee on Homeland Security and Governmental Af8 fairs of the Senate, that describes the steps the Sec9 retary has taken, or plans to take, to address the 

10 problems identified in such report. 

11 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

12 Not later than 60 days after the initiation of each 

13 contract action with a company whose headquarters 

14 are not based in the United States, the Secretary 

15 shall submit a report to the Committee on the Judi16 ciary of the Senate and the Committee on the Judi17 ciary of the House of Representatives, regarding the 

18 Secure Border Initiative. 

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

20 that 60 days after receiving information regarding a pro21 posed purchase of a contract to manage the operations of 

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

23 of Homeland Security shall submit a report to Congress 

24 that describes— 

25 (1) the proposed purchase; 


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1 (2) any security concerns related to the pro2 posed purchase; and 

3 (3) the manner in which such security concerns 

4 have been addressed. 

5 Subtitle C—Rapid Response 

6 Measures 

7 SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS. 

8 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

9 AGENTS.— 

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

11 on an international border of the United States de12 clares an international border security emergency 

13 and requests additional agents of the Border Patrol 

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

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

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

17 1,000 additional agents for the purpose of patrolling 

18 and defending the international border, in order to 

19 prevent individuals from crossing the international 

20 border into the United States at any location other 

21 than an authorized port of entry. 

22 (2) CONSULTATION.—Upon receiving a request 

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

24 consultation with the President, shall grant such re25 quest to the extent that providing such agents will 


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1 not significantly impair the Department’s ability to 

2 provide border security for any other State. 

3 (3) COLLECTIVE BARGAINING.—Emergency de4 ployments under this subsection shall be made in ac5 cordance with all applicable collective bargaining 

6 agreements and obligations under current law. 

7 (b) FLEXIBLE DEPLOYMENT OF BORDER PATROL

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

9 precluded from performing patrol duties and appre10 hending violators of law, except in unusual circumstances 

11 if the temporary use of fixed deployment positions is nec12 essary. 

13 SEC. 122. BORDER PATROL MAJOR ASSETS. 

14 (a) CONTROL OF DEPARTMENT OF HOMELAND SE15 CURITY ASSETS.—The Department of Homeland Security 

16 shall have exclusive administrative and operational control 

17 over all the assets utilized in carrying out its mission, in18 cluding aircraft, watercraft, vehicles, detention space, 

19 transportation, and all of the personnel associated with 

20 such assets. 

21 (b) HELICOPTERS AND POWER BOATS.— 

22 (1) HELICOPTERS.—The Secretary shall in23 crease the number of helicopters under the control 

24 of the Border Patrol and Immigration and Customs 

25 Enforcement (ICE). The Secretary shall ensure that 


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1 appropriate types and quantities of helicopters are 

2 procured for the various missions being performed. 

3 (2) POWER BOATS.—The Secretary shall in4 crease the number of power boats under the control 

5 of the Border Patrol. The Secretary shall ensure 

6 that the types of power boats that are procured are 

7 appropriate for both the waterways in which they 

8 are used and the mission requirements. 

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

10 (A) establish an overall policy on how the 

11 helicopters and power boats procured under this 

12 subsection will be used; and 

13 (B) implement training programs for the 

14 agents who use such assets, including safe oper15 ating procedures and rescue operations. 

16 (c) MOTOR VEHICLES.— 

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

18 fleet of motor vehicles appropriate for use by the 

19 Border Patrol that will permit a ratio of not less 

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

21 safety glass and other protections. The Secretary 

22 shall ensure that there are sufficient numbers and 

23 types of other motor vehicles to support the mission 

24 of the Border Patrol. 


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1 (2) FEATURES.—All motor vehicles purchased 

2 for the Border Patrol shall— 

3 (A) be appropriate for the mission of the 

4 Border Patrol; and 

5 (B) have a panic button and a global posi6 tioning system device that is activated solely in 

7 emergency situations to track the location of 

8 agents in distress. 

9 SEC. 123. ELECTRONIC EQUIPMENT. 

10 (a) PORTABLE COMPUTERS.—The Secretary shall en11 sure that each police-type motor vehicle in the fleet of the 

12 Border Patrol is equipped with a portable computer with 

13 access to all necessary law enforcement databases and oth14 erwise suited to the unique operational requirements of 

15 the Border Patrol. 

16 (b) RADIO EQUIPMENT.—The Secretary shall aug17 ment the existing radio communications system so that all 

18 law enforcement personnel, including Immigration and 

19 Customs Enforcement, working in each area where Border 

20 Patrol operations are conducted have clear and encrypted 

21 2-way radio communication capabilities at all times. Each 

22 portable communications device shall be equipped with a 

23 panic button and a global positioning system device that 

24 is activated solely in emergency situations to track the lo25 cation of agents in distress. 


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1 (c) HANDHELD GLOBAL POSITIONING SYSTEM DE2 VICES.—The Secretary shall ensure that Border Patrol 

3 agents are issued a state-of-the-art handheld global posi4 tioning system device for navigational purposes. 

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

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

7 vision equipment are procured and maintained to enable 

8 each Border Patrol agent working during the hours of 

9 darkness to be equipped with a portable night vision de10 vice. 

11 SEC. 124. PERSONAL EQUIPMENT. 

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

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

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

15 Enough body armor must be purchased to cover every 

16 agent in the field. 

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

18 agents are equipped with weapons that are reliable and 

19 effective to protect themselves, their fellow agents, and in20 nocent third parties from the threats posed by armed 

21 criminals. The Secretary shall ensure that the policies of 

22 the Department authorize all agents to carry weapons that 

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

24 all agents receive appropriate training in the use of such 

25 weapons. 


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

2 agents are provided with all necessary uniform items, in3 cluding outerwear suited to the climate, footwear, belts, 

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

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

6 such agents as such items become worn or unserviceable 

7 or no longer fit properly. 

8 SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Sec10 retary such sums as may be necessary for each of the fis11 cal years 2010 through 2014 to carry out this subtitle. 

12 Subtitle D—Border Infrastructure 

13 and Technology Modernization 

14 SEC. 131. DEFINITIONS. 

15 In this subtitle: 

16 (1) COMMISSIONER.—The term ‘‘Commis17 sioner’’ means the Commissioner of United States 

18 Customs and Border Protection. 

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

20 border’’ means the international border between the 

21 United States and Canada. 

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

23 border’’ means the international border between the 

24 United States and Mexico. 


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1 SEC. 132. EXPANSION OF COMMERCE SECURITY PRO2 GRAMS. 

3 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER4 RORISM.— 

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

6 after the date of enactment of this Act, the Commis7 sioner, in consultation with the Secretary, shall de8 velop a plan to expand the programs of the Cus9 toms-Trade Partnership Against Terrorism estab10 lished pursuant to section 211 of the SAFE Port 

11 Act (6 U.S.C. 961), including adding additional per12 sonnel for such programs, along the northern border 

13 and southern border, including the following pro14 grams: 

15 (A) The Business Anti-Smuggling Coali16 tion. 

17 (B) The Carrier Initiative Program. 

18 (C) The Americas Counter Smuggling Ini19 tiative. 

20 (D) The Container Security Initiative es21 tablished pursuant to section 205 of the SAFE 

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

23 (E) The Free and Secure Trade Initiative. 

24 (F) Other industry partnership programs 

25 administered by the Commissioner. 


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

2 days after the date of enactment of this Act, the Commis3 sioner shall establish a demonstration program to develop 

4 a cooperative trade security system to improve supply 

5 chain security. 

6 Subtitle E—Other Border Security 

7 Initiatives 

8 SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVEN9 TION. 

10 (a) CHECKS AGAINST TERRORIST WATCHLIST.—The 

11 Secretary of Homeland Security shall, to the extent prac12 ticable, check against all available terrorist watchlists 

13 those persons suspected of alien smuggling and smuggled 

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

15 borders of the United States. 

16 (b) STRENGTHENING PROSECUTION AND PUNISH17 MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im18 migration and Nationality Act (8 U.S.C. 1324(a)) is 

19 amended— 

20 (1) by amending the subsection heading to read 

21 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG22 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

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

24 read as follows: 


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

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

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

4 knowingly— 

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

6 in any manner whatsoever regardless of any future 

7 official action which may be taken with respect to 

8 such individual; 

9 ‘‘(ii) recruits, encourages, or induces that indi10 vidual to come to, enter, or reside in the United 

11 States; 

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

13 United States, in furtherance of their unlawful pres14 ence; or 

15 ‘‘(iv) harbors, conceals, or shields from detec16 tion the individual in any place in the United States, 

17 including any building or any means of transpor18 tation; 

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

20 provided in subparagraph (C). 

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

22 brings that individual to the United States in any manner 

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

24 entry or place designated by the Secretary of Homeland 

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1 ceived prior official authorization to come to, enter, or re2 side in the United States and regardless of any future offi3 cial action which may be taken with respect to such indi4 vidual, or attempts or conspires to do so, shall be punished 

5 as provided in subparagraph (C). 

6 ‘‘(C) Whoever commits an offense under this para7 graph shall, for each individual in respect to whom such 

8 a violation occurs— 

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

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

11 and subject to the penalty of death or imprisonment 

12 for any term of years or for life; 

13 ‘‘(ii) if the offense involves kidnapping, an at14 tempt to kidnap, the conduct required for aggra15 vated sexual abuse (as defined in section 2241 of 

16 title 18, United States Code, without regard to 

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

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

19 United States Code, or imprisoned for any term of 

20 years or life, or both; 

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

22 the defendant knew was engaged in or intended to 

23 engage in terrorist activity (as defined in section 

24 212(a)(3)(B)), be fined under title 18, United States 


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

2 both; 

3 ‘‘(iv) if the offense results in serious bodily in4 jury (as defined in section 1365 of title 18, United 

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

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

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

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

9 (1)(A)(i) and was committed for the purpose of prof10 it, commercial advantage, or private financial gain, 

11 or if the offense was committed with the intent or 

12 reason to believe that the individual unlawfully 

13 brought into the United States will commit an of14 fense against the United States or any State that is 

15 punishable by imprisonment for more than 1 year, 

16 be fined under title 18, United States Code, and im17 prisoned, in the case of a first or second violation, 

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

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

20 years; 

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

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

23 was committed for the purpose of profit, commercial 

24 advantage, or private financial gain, be fined under 


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

2 than 10 years, or both; 

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

4 defendant’s spouse, child, sibling, parent, grand5 parent, or niece or nephew, and the offense is not 

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

7 under title 18, United States Code, or imprisoned 

8 not more than 1 year, or both; and 

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

10 18, United States Code, or imprisoned not more 

11 than 5 years, or both. 

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

13 offenses described in paragraph (1). 

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

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

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

17 no defense based on necessity can be raised unless the de18 fendant— 

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

20 Coast Guard the circumstances of the necessity, and 

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

22 number, and location of the vessel engaging in the 

23 rescue; and 

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

25 manner intentionally facilitate the entry of any alien 


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1 into the land territory of the United States without 

2 lawful authority, unless exigent circumstances ex3 isted that placed the life of that alien in danger, in 

4 which case the reporting requirement set forth in 

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

6 as soon as practicable after delivering the alien to 

7 emergency medical or law enforcement personnel 

8 ashore. 

9 ‘‘(C) It is not a violation of, or an attempt or con10 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

11 or paragraph (1)(A)(ii) (except if a person recruits, en12 courages, or induces an alien to come to or enter the 

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

14 fide nonprofit, religious organization in the United States, 

15 or the agents or officer of such denomination or organiza16 tion, to encourage, invite, call, allow, or enable an alien 

17 who is present in the United States to perform the voca18 tion of a minister or missionary for the denomination or 

19 organization in the United States as a volunteer who is 

20 not compensated as an employee, notwithstanding the pro21 vision of room, board, travel, medical assistance, and other 

22 basic living expenses, provided the minister or missionary 

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

24 year. 


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

2 (1)— 

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

4 States, the District of Columbia, the Commonwealth 

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

6 States Virgin Islands, the Commonwealth of the 

7 Northern Mariana Islands, and any other territory 

8 or possession of the United States; and 

9 ‘‘(ii) the term ‘lawful authority’ means permis10 sion, authorization, or waiver that is expressly pro11 vided for in the immigration laws of the United 

12 States or the regulations prescribed under those 

13 laws and does not include any such authority se14 cured by fraud or otherwise obtained in violation of 

15 law or authority that has been sought but not ap16 proved.’’. 

17 (c) MARITIME LAW ENFORCEMENT.— 

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

19 2237 of title 18, United States Code, is amended to 

20 read as follows: 

21 ‘‘(b) Whoever intentionally violates this section 

22 shall— 

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

24 kidnapping, an attempt to kidnap, the conduct re25 quired for aggravated sexual abuse (as defined in 


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

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

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

4 any term of years or life, or both; 

5 ‘‘(2) if the offense results in serious bodily in6 jury (as defined in section 1365 of this title) or 

7 transportation under inhumane conditions, be fined 

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

9 or both; 

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

11 of a violation of section 274 of the Immigration and 

12 Nationality Act (alien smuggling); chapter 77 (peon13 age, slavery, and trafficking in persons), section 111 

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

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

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

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

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

19 fined under this title or imprisoned for not more 

20 than 10 years, or both; and 

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

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

23 (2) LIMITATION ON NECESSITY DEFENSE.— 

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

25 amended— 


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

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

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

4 no defense based on necessity can be raised unless the de5 fendant— 

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

7 shore, delivered the person with respect to which the 

8 necessity arose to emergency medical or law enforce9 ment personnel; 

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

11 Coast Guard the circumstances of the necessity re12 sulting giving rise to the defense; and 

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

14 manner intentionally facilitate the entry of any alien, 

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

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

17 1101(a)(3)), into the land territory of the United 

18 States without lawful authority, unless exigent cir19 cumstances existed that placed the life of that alien 

20 in danger, in which case the reporting requirement 

21 of subparagraph (B) is satisfied by notifying the 

22 Coast Guard as soon as practicable after delivering 

23 that person to emergency medical or law enforce24 ment personnel ashore.’’. 


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

2 United States Code, is amended— 

3 (A) by striking ‘‘and’’ at the end of para4 graph (3); 

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

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

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

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

9 conditions’ means the transportation of persons in 

10 an engine compartment, storage compartment, or 

11 other confined space, transportation at an excessive 

12 speed, transportation of a number of persons in ex13 cess of the rated capacity of the means of transpor14 tation, or intentionally grounding a vessel in which 

15 persons are being transported.’’. 

16 (d) AMENDMENT TO THE SENTENCING GUIDE17 LINES.— 

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

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

20 and in accordance with this section, the United 

21 States Sentencing Commission shall review and, if 

22 appropriate, amend the sentencing guidelines and 

23 policy statements applicable to persons convicted of 

24 alien smuggling offenses and criminal failure to 

25 heave to or obstruction of boarding. 


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1 (2) CONSIDERATIONS.—In carrying out this 

2 section, the Sentencing Commission, shall— 

3 (A) consider providing sentencing enhance4 ments or stiffening existing enhancements for 

5 those convicted of offenses described in sub6 section (a) that— 

7 (i) involve a pattern of continued and 

8 flagrant violations; 

9 (ii) are part of an ongoing commercial 

10 organization or enterprise; 

11 (iii) involve aliens who were trans12 ported in groups of 10 or more; 

13 (iv) involve the transportation or 

14 abandonment of aliens in a manner that 

15 endangered their lives; or 

16 (v) involve the facilitation of terrorist 

17 activity; and 

18 (B) consider cross-references to the guide19 lines for Criminal Sexual Abuse and Attempted 

20 Murder. 

21 (3) EXPEDITED PROCEDURES.—The Commis22 sion may promulgate the guidelines or amendments 

23 under this section in accordance with the procedures 

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


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1 1987, as though the authority under that Act had 

2 not expired. 

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

4 (a) DEFINITIONS.—In this section: 

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

6 land’’ means land under the jurisdiction of the Sec7 retary concerned. 

8 (2) SECRETARY CONCERNED.—The term ‘‘Sec9 retary concerned’’ means— 

10 (A) with respect to land under the jurisdic11 tion of the Secretary of Agriculture, the Sec12 retary of Agriculture; and 

13 (B) with respect to land under the jurisdic14 tion of the Secretary of the Interior, the Sec15 retary of the Interior. 

16 (b) BORDER PROTECTION STRATEGY.—The Sec17 retary, the Secretary of the Interior, and the Secretary 

18 of Agriculture shall jointly develop a border protection 

19 strategy that supports the border security needs of the 

20 United States in the manner that best protects— 

21 (1) units of the National Park System; 

22 (2) National Forest System land; 

23 (3) land under the jurisdiction of the United 

24 States Fish and Wildlife Service and Bureau of 

25 Land Management; and 


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1 (4) other relevant land under the jurisdiction of 

2 the Secretary of the Interior or the Secretary of Ag3 riculture. 

4 (c) ADDITIONAL UNIFORMED LAW ENFORCEMENT

5 OFFICERS AND SPECIAL AGENTS OF THE DEPARTMENT

6 OF THE INTERIOR.—There are authorized to be appro7 priated to the Secretary of the Interior for employment 

8 of uniformed law enforcement officers and special agents, 

9 in addition to the number of such officers and agents em10 ployed immediately before the enactment of this Act, such 

11 sums as may be necessary for— 

12 (1) 22 such officers of the United States Fish 

13 and Wildlife Service, including— 

14 (A) 4 for California; 

15 (B) 9 for Arizona; 

16 (C) 2 for New Mexico; and 

17 (D) 7 for Texas; 

18 (2) 2 such agents of the United States Fish 

19 and Wildlife Service, for Texas; 

20 (3) 22 such officers of the National Park Serv21 ice, including— 

22 (A) 13 for Arizona; and 

23 (B) 9 for Texas; 

24 (4) 2 such agents of the National Park Service, 

25 for Texas; 


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1 (5) 19 such officers of the Bureau of Land 

2 Management, including— 

3 (A) 5 for California; 

4 (B) 4 for Arizona; 

5 (C) 4 for New Mexico; and 

6 (D) 6 for Texas; 

7 (6) 2 such agents of the Bureau of Land Man8 agement, including— 

9 (A) 1 for California; 

10 (B) 2 for Arizona; and 

11 (C) 1 for New Mexico; and 

12 (7) one such agent of the Bureau of Indian Af13 fairs, for Texas. 

14 (d) ADDITIONAL SPECIAL ASSISTANT UNITED

15 STATES ATTORNEY.—There are authorized to be appro16 priated to the Attorney General such sums as may be nec17 essary to increase by 1 the number of special assistant 

18 United States attorneys in the district of Arizona dedi19 cated to prosecution of cases generated by the Secretary 

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

21 appointed immediately before the enactment of this Act. 


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1 TITLE II—ENDING UNLAWFUL 

2 EMPLOYMENT 

3 Subtitle A—Employee Verification 

4 SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION 

5 VERIFICATION. 

6 (a) MAKING BASIC PILOT PROGRAM PERMANENT.— 

7 Section 401(b) of the Illegal Immigration Reform and Im8 migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

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

10 last sentence the following ‘‘, except that the basic pilot 

11 program described in section 403(a) shall be a permanent 

12 program’’. 

13 (b) MANDATORY USE OF E-VERIFY SYSTEM.— 

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

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

16 or more individuals for employment in the United 

17 States shall verify through the E-Verify program, es18 tablished as the basic pilot program by section 

19 403(a) of the Illegal Immigration Reform and Immi20 grant Responsibility Act of 1996 (division C of Pub21 lic Law 104–208; 8 U.S.C. 1324a note), that each 

22 such individual is authorized to work in the United 

23 States. The Secretary of Homeland Security shall 

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1 phone line is an available option in complying with 

2 the preceding sentence. 

3 (2) SELECT ENTITIES REQUIRED TO USE E4 VERIFY PROGRAM IMMEDIATELY.—The following en5 tities must satisfy the requirement in paragraph (1) 

6 by not later than one year after the date of the en7 actment of this Act: 

8 (A) FEDERAL AGENCIES.—Each depart9 ment and agency of the Federal Government. 

10 (B) FEDERAL CONTRACTORS.—A con11 tractor that— 

12 (i) has entered into a contract with 

13 the Federal Government to which section 

14 2(b)(1) of the Service Contract Act of 

15 1965 (41 U.S.C. 351(b)(1)) applies, and 

16 any subcontractor under such contract; or 

17 (ii) has entered into a contract ex18 empted from the application of such Act by 

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

20 any subcontractor under such contract. 

21 (C) LARGE EMPLOYERS.—An employer 

22 that employs more than 250 individuals in the 

23 United States. 

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


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1 (A) TWO YEARS FOR EMPLOYERS OF 100

2 OR MORE.—Entities that employ 100 or more 

3 individuals in the United States must satisfy 

4 the requirement in paragraph (1) by not later 

5 than two years after the date of the enactment 

6 of this Act. 

7 (B) THREE YEARS FOR EMPLOYERS WITH

8 30 OR MORE EMPLOYEES.—All entities that em9 ploy 30 or more individuals in the United 

10 States must satisfy the requirement in para11 graph (1) by not later than three years after 

12 the date of the enactment of this Act. 

13 (C) FOUR YEARS FOR ALL EMPLOYERS.— 

14 All entities that employ one or more individuals 

15 in the United States must satisfy the require16 ment in paragraph (1) by not later than four 

17 years after the date of the enactment of this 

18 Act. 

19 (4) VERIFYING EMPLOYMENT AUTHORIZATION

20 OF CURRENT EMPLOYEES.—Every person or other 

21 entity that employs one or more persons in the 

22 United States shall verify through the E-Verify pro23 gram by not later than four years after the date of 

24 the enactment of this Act that each employee is au25 thorized to work in the United States. 


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1 (5) DEFENSE.—In accordance with section 

2 274A(a)(3) of the Immigration and Nationality Act 

3 (8 U.S.C. 1324a(a)(3)), a person or entity that es4 tablishes that it has complied in good faith with the 

5 requirements of section 274A(b) of such Act with re6 spect to the hiring, recruiting, or referral for em7 ployment of an alien in the United States has estab8 lished an affirmative defense that the person or enti9 ty has not violated section 274A(a)(1)(A) of such 

10 Act with respect to such hiring, recruiting or refer11 ral. Furthermore an employer who has complied 

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

13 this Act shall not be liable for hiring an unauthor14 ized alien, if— 

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

16 the E-Verify program that was unknown to the 

17 employer at the time of such hiring; and 

18 (B) the employer terminates the employ19 ment of the alien upon being informed of the 

20 error. 

21 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

22 failure of an employer to comply with the require23 ments in paragraphs (1) or (4) shall— 

24 (A) be treated as a violation of section 

25 274A(a)(1)(B) with respect to each offense; and 


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1 (B) create a rebuttable presumption that 

2 the employer has violated section 

3 274A(a)(1)(A). 

4 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

5 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.— 

6 Nothing in this subsection shall be construed as pre7 venting a person or other entity that is not imme8 diately subject to the requirement of paragraph (1) 

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

10 using the E-Verify program to verify the employ11 ment authorization of new hires or current employ12 ees. 

13 (8) STATE INTERFERENCE.—No State may 

14 prohibit a person or other entity from using the E15 verify program to verify the employment authoriza16 tion of new hires or current employees. 

17 (9) E-VERIFY STUDY.— 

18 (A) FINDINGS.—The Congress finds as fol19 lows: 

20 (i) A majority of the 0.4 percent of 

21 tentative non-confirmations that are issued 

22 within E-Verify to work authorized individ23 uals occur due to incorrect or outdated in24 formation in the databases utilized by the 

25 system. For instance, an individual may 


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1 have changed his or her name legally but 

2 has not updated their Social Security in3 formation to account for this change. This 

4 person would likely receive a tentative non5 confirmation if their work eligibility were 

6 checked using E-Verify. 

7 (ii) E-Verify already provides employ8 ers and employees with simple and clear 

9 instructions on how inconsistencies in data 

10 can be corrected in order to verify the 

11 work eligibility of an employee. However, 

12 giving an individual the ability to verify his 

13 or her own employment eligibility in ad14 vance of an official E-Verify query by an 

15 employer would allow that individual to 

16 correct data errors at his or her conven17 ience. This may also serve to lessen peak 

18 demand on Social Security Administration 

19 field offices. 

20 (B) STUDY.—The Government Account21 ability Office shall conduct a study to examine 

22 the potential of a secure method of allowing in23 dividuals to check their own work eligibility, so 

24 that they can address inconsistencies in their 

25 personal data that might otherwise cause them 


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1 to be issued a tentative non-confirmation by E2 Verify. The study shall be published within 6 

3 months after the date of enactment of this Act. 

4 (10) DOCUMENT FRAUD STUDY.—The Govern5 ment Accountability Office shall conduct a study to 

6 examine methods to combat document fraud, theft 

7 and forgery in the use and expansion of the E-Verify 

8 program. The report shall make recommendations to 

9 the appropriate agencies on ways to reduce instances 

10 of document fraud, theft and forgery. The report 

11 shall be published within six months after enactment 

12 of this Act. 

13 SEC. 202. MONITORING AND COMPLIANCE. 

14 (a) ENHANCING MONITORING AND COMPLIANCE OF

15 E-VERIFY.—The Secretary of the Department of Home16 land Security is authorized take the following actions to 

17 increase the capability and effectiveness of the E-Verify 

18 employer Monitoring and Compliance team within Citizen19 ship and Immigration Services: 

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

21 fulltime employees dedicated to the development of 

22 thresholds and algorithms and quality assurance 

23 procedures for the monitoring of employer adherence 

24 to the conditions that are currently outlined in the 

25 E-Verify Memorandum of Understanding. 


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1 (2) Increase as necessary the number of 

2 fulltime employees dedicated to outreach to employ3 ers using E-Verify and the creation of informational 

4 tools and corrective action procedures that will pro5 vide compliance assistance to these employers. These 

6 employees may also be utilized in the operation of 

7 the toll free compliance assistance call center. 

8 (3) Establish procedures for the identification 

9 of cases of potential fraud or misuse of E-Verify. 

10 (4) Establish procedures for the sharing of in11 formation on these selected cases with Immigration 

12 and Customs Enforcement for further investigation 

13 as necessary. 

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

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

16 Office of Monitoring and Compliance which shall in17 clude— 

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

19 misuse being detected by the thresholds and al20 gorithms used for employee monitoring within 

21 the Office; 

22 (B) the number and type of cases flagged 

23 by the Office and referred to Immigration and 

24 Customs Enforcement, as well as the outcome 

25 of these cases; and 


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1 (C) an assessment of the number and the 

2 nature of calls received by the compliance as3 sistance call center. 

4 SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 

5 AND MULTIPLE USES. 

6 (a) NOTIFICATION OF MULTIPLE USES OF INDI7 VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 

8 any individual with concurrent earnings from more than 

9 one employer, the Commissioner of Social Security shall 

10 notify the individual that earnings from two or more em11 ployers are being reported under the individual’s Social 

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

13 at a minimum— 

14 (1) the name and location of each employer re15 porting benefits for an individual; 

16 (2) a warning that any inaccuracies in this in17 formation could indicate that the individual’s SSN is 

18 being fraudulently used by another individual; 

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

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

21 used or is being used by someone else; and 

22 (4) an SSA telephone number that an indi23 vidual may call to report inaccuracies in the use of 

24 their SSN. 


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1 (b) INFORMATION SHARING WITH THE DEPART2 MENT OF HOMELAND SECURITY.— 

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

4 of enactment of this act, the Commissioner of Social 

5 Security shall promulgate regulations in accord with 

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

7 that information regarding all multiple use notifica8 tions that lead to the identification of an unauthor9 ized user of a Social Security account number be 

10 shared with the Secretary of the Department of 

11 Homeland Security on a timely basis. 

12 (2) Information to be shared with the Secretary 

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

14 address of all employees who are the subject of an 

15 unresolved mismatch notification or who are unau16 thorized users of another individual’s Social Security 

17 account number. The names and addresses of the 

18 employers of these employees must also be provided 

19 (3) The Secretary shall report to Congress an20 nually the number of cases that the Commissioner of 

21 Social Security has shared with the Department of 

22 Homeland Security regarding unauthorized users of 

23 a Social Security number and the actions that have 

24 been taken to resolve these cases. The first report 


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1 shall be presented to Congress 1 year after the pas2 sage of this Act. 

3 SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

4 DEATH REGISTRATION SYSTEMS. 

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

6 Human Services and the Commissioner of Social Security, 

7 the Secretary shall take the following actions: 

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

9 data set and common data exchange protocol for 

10 electronic birth registration systems and death reg11 istration systems. 

12 (2) Coordinate requirements for such systems 

13 to align with a national model. 

14 (3) Ensure that fraud prevention is built into 

15 the design of electronic vital registration systems in 

16 the collection of vital event data, the issuance of 

17 birth certificates, and the exchange of data among 

18 government agencies. 

19 (4) Ensure that electronic systems for issuing 

20 birth certificates, in the form of printed abstracts of 

21 birth records or digitized images, employ a common 

22 format of the certified copy, so that those requiring 

23 such documents can quickly confirm their validity. 

24 (5) Establish uniform field requirements for 

25 State birth registries. 


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

2 enactment of this Act, establish a process with the 

3 Department of Defense that will result in the shar4 ing of data, with the States and the Social Security 

5 Administration, regarding deaths of United States 

6 military personnel and the birth and death of their 

7 dependents. 

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

9 enactment of this Act, establish a process with the 

10 Department of State to improve registration, notifi11 cation, and the sharing of data with the States and 

12 the Social Security Administration, regarding births 

13 and deaths of United States citizens abroad. 

14 (8) Not later than 3 years after the date of es15 tablishment of databases provided for under this sec16 tion, require States to record and retain electronic 

17 records of pertinent identification information col18 lected from requestors who are not the registrants. 

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

20 the enactment of this Act, submit to Congress a re21 port on whether there is a need for Federal laws to 

22 address penalties for fraud and misuse of vital 

23 records and whether violations are sufficiently en24 forced. 


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1 SEC. 205. PENALTY FOR FAILURE TO FILE CORRECT INFOR2 MATION RETURNS. 

3 Section 6721 of the Internal Revenue Code of 1986 

4 (26 U.S.C. 6721) is amended by adding at the end the 

5 following: 

6 ‘‘(f) The Secretary shall assess the maximum allow7 able penalties on 100 percent of the employers designated 

8 in any tax year by the Social Security Administration as 

9 the most egregious noncompliant employers. 

10 ‘‘(g) Notwithstanding any other provision in this sec11 tion, in the case of a failure described in subsection (a)(2) 

12 with respect to any person employing an alien not author13 ized to be so employed, the penalty under this section shall 

14 be determined in accordance with the following table: 

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

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

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

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

15 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as may be required to carry out this subtitle. 


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1 Subtitle B—Nondeductibility of 

2 Wages Paid to Unauthorized Aliens 

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

5 FROM GROSS INCOME. 

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

7 the Internal Revenue Code of 1986 (relating to illegal 

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

9 adding at the end the following new paragraph: 

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

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

13 allowed under subsection (a) for any wage paid 

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

17 1324a(h)(3)). 

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

19 paragraph, the term wages means all remunera20 tion for employment, including the cash value of 

21 all remuneration (including benefits) paid in 

22 any medium other than cash. 

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

24 entity is participating in the basic pilot program 

25 described in section 403 of the Illegal ImmigraVerDate Nov 24 2008 05:30 Jul 24, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3308.IH H3308

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1 tion Reform and Immigrant Responsibility Act 

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

4 in compliance with the terms and conditions of 

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

8 paid to such employee.’’. 

9 (b) SIX-YEAR LIMITATION ON ASSESSMENT AND

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

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

12 end the following new paragraph: 

13 ‘‘(11) DEDUCTION CLAIMED FOR WAGES PAID

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

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

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

17 assessed, or a proceeding in court for the collection 

18 of such tax may be begun without assessment, at 

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

20 (c) USE OF DOCUMENTATION FOR ENFORCEMENT

21 PURPOSES.—Section 274A of the Immigration and Na22 tionality Act (8 U.S.C. 1324a) is amended— 

23 (1) in subparagraph (b)(5), by inserting ‘‘, sec24 tion 162(c)(4) of the Internal Revenue Code of 

25 1986,’’ after ‘‘enforcement of this Act’’; 


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

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

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

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

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

6 1986 or’’ after ‘‘or enforcement of’’. 

7 (d) AVAILABILITY OF INFORMATION.— 

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

9 Security, the Secretary of the Department of Home10 land Security, and the Secretary of the Treasury, 

11 shall jointly establish a program to share informa12 tion among such agencies that may or could lead to 

13 the identification of unauthorized aliens (as defined 

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

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

16 information in the earnings suspense file, and any 

17 information in the investigation and enforcement of 

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

19 1986. 

20 (2) DISCLOSURE BY SECRETARY OF THE

21 TREASURY.— 

22 (A) IN GENERAL.—Subsection (i) of sec23 tion 6103 of the Internal Revenue Code of 1986 

24 is amended by adding at the end the following 

25 new paragraph: 


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1 ‘‘(9) Payment of wages to unauthorized 

2 aliens.—Upon request from the Commissioner of the 

3 Social Security Administration or the Secretary of 

4 the Department of Homeland Security, the Sec5 retary shall disclose to officers and employees of 

6 such Administration or Department— 

7 ‘‘(A) taxpayer identity information of em8 ployers who paid wages with respect to which a 

9 deduction was not allowed by reason of section 

10 162(c)(4), and 

11 ‘‘(B) taxpayer identity information of indi12 viduals to whom such wages were paid, for pur13 poses of carrying out any enforcement activities 

14 of such Administration or Department with re15 spect to such employers or individuals.’’. 

16 (B) Recordkeeping.—Paragraph (4) of sec17 tion 6103(p) of such Code is amended— 

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

19 matter preceding subparagraph (A) and in20 serting ‘‘(5), (7), or (9)’’, and 

21 (ii) by striking ‘‘(5) or (7)’’ in sub22 paragraph (F)(ii) and inserting ‘‘(5), (7), 

23 or (9)’’. 

24 (e) EFFECTIVE DATE.— 


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

2 Act and the amendments made by this Act shall 

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

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

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

6 December 31, 2007. 

7 TITLE III—ENHANCING AND UTI8 LIZING CURRENT INTERIOR 

9 ENFORCEMENT METHODS 

10 SEC. 301. INCREASE INVESTIGATIVE EFFORTS. 

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

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

13 immigration laws and punish those who violate them. To 

14 this end, sufficient funds are authorized to be appro15 priated to employ 1,150 additional Immigration and Cus16 toms Enforcement Agents. 

17 (b) CRIMINAL ALIEN PROGRAM (CAP).—An addi18 tional 140 CAP officers are authorized to identify and re19 move criminal aliens encountered in Federal, State, and 

20 local detention facilities. 

21 (c) STATE AND LOCAL LAW ENFORCEMENT SUP22 PORT.—The Secretary of Homeland Security shall take 

23 necessary steps to allow for the training of a minimum 

24 of 250 State and local law enforcement officers in Federal 


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1 immigration law enforcement procedure. This would be an 

2 expansion of an already active and successful program. 

3 SEC. 302. INCREASED OVERSIGHT OF AGENTS. 

4 To ensure the ability of Immigration and Customs 

5 Enforcement (ICE) and Customs and Border Patrol 

6 (CBP) to enforce integrity and ethical behavior through7 out their expanded ranks, the Secretary of Homeland Se8 curity shall add no fewer than 8 Special Agents to the 

9 Office of Professional Responsibility. 

10 SEC. 303. BORDER RELIEF GRANT PROGRAM. 

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

12 under section 304, the Secretary of Homeland Security 

13 may make grants to— 

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

15 which is within 25 miles of the southern border of 

16 the United States; and 

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

18 other political subdivision in a county any part of 

19 which is within 25 miles of the southern border of 

20 the United States (including tribal police depart21 ments serving a community any part of which is 

22 within 25 miles of such border). 

23 (b) USE OF FUNDS.— 

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

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


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1 (A) To conduct law enforcement operations 

2 in order to enforce criminal laws, prevent and 

3 punish criminal activity, and protect the lives, 

4 property, and security of the people within the 

5 jurisdiction of the grant recipient. 

6 (B) To transfer aliens detained or in the 

7 custody of the grant recipient who are not law8 fully present in the United States to appro9 priate Federal law enforcement officials. 

10 (C) To enforce State and Federal laws re11 lating to controlled substance trafficking and 

12 enforce other State and Federal criminal laws. 

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

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

15 (A) hiring, equipping, training, and other16 wise controlling the operations and deployment 

17 of, law enforcement officials engaged in duties 

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

19 of paying overtime to such officials; and 

20 (B) detaining, housing, and transporting 

21 aliens who are not lawfully present in the 

22 United States, and who are taken into custody 

23 by the grant recipient, until the aliens are 

24 transferred to appropriate Federal law enforce25 ment officials. 


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1 (3) DETENTION FACILITIES.—In accordance 

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

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

4 maintenance, and operation of detention facilities to 

5 detain aliens who are unlawfully present in the 

6 United States, except that not more than 20 percent 

7 of such funds may be used for the construction or 

8 renovation of detention or similar facilities. 

9 (c) APPLICATION.— 

10 (1) IN GENERAL.—Each eligible law enforce11 ment agency seeking a grant under this section shall 

12 submit an application to the Secretary of Homeland 

13 Security at such time, in such manner, and accom14 panied by such information as the Secretary of 

15 Homeland Security may reasonably require. 

16 (2) CONTENTS.—Each application submitted 

17 pursuant to paragraph (1) shall— 

18 (A) describe the activities for which assist19 ance under this section is sought; and 

20 (B) provide such additional assurances as 

21 the Secretary of Homeland Security determines 

22 to be essential to ensure compliance with the re23 quirements of this section. 


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1 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary of Homeland Security to carry out this Section 

4 $200,000,000 for fiscal year 2010 and each succeeding 

5 fiscal year. 

6 SEC. 305. REGULATIONS. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Secretary of Homeland Security shall 

9 issue regulations to carry out this Act. 

10 SEC. 306. REWARDS PROGRAM. 

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

12 1324) is amended by adding at the end the following: 

13 ‘‘(e) REWARDS PROGRAM.— 

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

15 Department of Homeland Security a program for 

16 the payment of rewards to carry out the purposes of 

17 this section. 

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

19 designed to assist in the elimination of commercial 

20 operations to produce or sell fraudulent documents 

21 to be used for entering or remaining in the United 

22 States unlawfully and to assist in the investigation, 

23 prosecution, or disruption of a commercial alien 

24 smuggling operation. 

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

26 shall be administered by the Secretary of Homeland 


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1 Security, in consultation, as appropriate, with the 

2 Attorney General and the Secretary of State. 

3 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis4 cretion of the Secretary of Homeland Security, such 

5 Secretary, in consultation, as appropriate, with the 

6 Attorney General and the Secretary of State, may 

7 pay a reward to any individual who furnishes infor8 mation or testimony leading to— 

9 ‘‘(A) the arrest or conviction of any indi10 vidual conspiring or attempting to produce or 

11 sell fraudulent documents to be used for enter12 ing or remaining in the United States unlaw13 fully or to commit an act of commercial alien 

14 smuggling involving the transportation of 

15 aliens; 

16 ‘‘(B) the arrest or conviction of any indi17 vidual committing such an act; 

18 ‘‘(C) the arrest or conviction of any indi19 vidual aiding or abetting the commission of 

20 such an act; 

21 ‘‘(D) the prevention, frustration, or favor22 able resolution of such an act, including the dis23 mantling of an operation to produce or sell 

24 fraudulent documents to be used for entering or 

25 remaining in the United States, or commercial 


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1 alien smuggling operations, in whole or in sig2 nificant part; or 

3 ‘‘(E) the identification or location of an in4 dividual who holds a key leadership position in 

5 an operation to produce or sell fraudulent docu6 ments to be used for entering or remaining in 

7 the United States unlawfully or a commercial 

8 alien smuggling operation involving the trans9 portation of aliens. 

10 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out this subsection. 

13 Amounts appropriated under this paragraph shall 

14 remain available until expended. 

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

16 any Federal, State, local, or foreign government 

17 who, while in performance of his or her official du18 ties, furnishes information described in paragraph 

19 (4) shall not be eligible for a reward under this sub20 section for such furnishing. 

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

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

23 Attorney General determines that an individual who 

24 furnishes information or testimony described in 

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


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1 daughter of such an individual, must be protected, 

2 such official may take such lawful action as the offi3 cial considers necessary to effect such protection. 

4 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

5 ‘‘(A) MAXIMUM AMOUNT.—No reward 

6 under this subsection may exceed $100,000. 

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

8 subsection exceeding $50,000 shall be person9 ally approved by the Secretary of Homeland Se10 curity. 

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

12 reward granted under this subsection shall be 

13 certified for payment by the Secretary of Home14 land Security. 

15 ‘‘(9) PUBLICITY.—The Department of Home16 land Security shall be responsible for developing and 

17 implementing an advertising strategy to make known 

18 the rewards described within this section in order to 

19 solicit informants.’’. 

20 SEC. 307. INCREASED DETENTION FACILITIES FOR ALIENS 

21 APPREHENDED FOR ILLEGAL ENTRY. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall make arrangements for the availability of 8,000 

24 additional beds for detaining aliens taken into custody by 

25 immigration officials. 


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

2 (1) contract private facilities whenever possible 

3 to promote efficient use and to limit the Federal 

4 Government’s maintenance of and liability for addi5 tional infrastructure; 

6 (2) utilize State and local facilities for the pro7 vision of additional beds; and 

8 (3) utilize BRAC facilities or active duty facili9 ties. 

10 (c) CONSTRUCTION.—The Department of Homeland 

11 Security shall construct facilities as necessary to meet the 

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

13 (d) RESPONSIBILITIES.—The Secretary of Homeland 

14 Security shall be responsible for providing humane condi15 tions, health care, nutrition, and psychological services, as 

16 well as education for minors. 

17 (e) AUTHORIZATION.—All funds necessary to accom18 plish the directives within this section are authorized to 

19 be appropriated. 

20 SEC. 308. ADDITIONAL IMMIGRATION JUDGESHIPS AND 

21 LAW CLERKS. 

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

23 and fill twenty additional Immigration Judgeships within 

24 6 months after the date of enactment of this Act. 


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

2 ensure that for every two Immigration Judges there shall 

3 be no fewer than one law clerk dedicated to assisting Im4 migration Judges. 

5 SEC. 309. MEDIA CAMPAIGN. 

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

7 Secretary of Homeland Security shall develop strategies 

8 to inform the public of changes in immigration policies 

9 created by provisions in this legislation. 

10 (b) NOTIFICATION OF CHANGES TO EMPLOYMENT

11 VERIFICATION PROCESS.—The Secretary of Labor shall 

12 employ, at his or her discretion, a combination of multi13 lingual print, television, Internet, and radio media to no14 tify employers of changes to the employment verification 

15 process. Announcements should encourage compliance 

16 with new legislation and should explain penalties for non17 compliance with provisions within this Act. 

18 (c) MULTILINGUAL MEDIA CAMPAIGN.—The Sec19 retary of Homeland Security shall also develop a multi20 lingual media campaign explaining the extent of this legis21 lation, the timelines therein, and the penalties for non22 compliance with this Act. Announcements should be tar23 geted toward undocumented aliens and should empha24 size— 


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1 (1) provisions in this Act that enhance border 

2 security and interior enforcement; 

3 (2) punishment for apprehension and forced re4 moval of undocumented aliens; and 

5 (3) legal methods of reentering the United 

6 States, including temporary work visas. 

7 (d) COOPERATION WITH OTHER GOVERNMENTS.— 

8 The Secretary of Homeland Security shall make all rea9 sonable attempts to cooperate with the governments of the 

10 countries from which the largest number of undocumented 

11 aliens originate in the implementation of this media cam12 paign. 

Æ 


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