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 bor-
ders, clarifying and enforcing existing laws, and enabling 
a practical employer verification program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Secure America Through Verification and Enforcement 
Act of 2009’’ or as the ‘‘SAVE Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 de-
ducted 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. 
TITLE I—SECURING AMERICA’S 
INTERNATIONAL BORDERS 
Subtitle 
A—Manpower, 
Tech-
nology, and Infrastructure Im-
provements 
SEC. 101. MANPOWER. 
(a) BORDER PATROL AGENTS.—Section 5202 of the 
Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458; 118 Stat. 3734) is amended 
to read as follows: 
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‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
‘‘(a) ANNUAL INCREASES.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase the number of positions 
for full-time active-duty Border Patrol agents within the 
Department of Homeland Security (above the number of 
positions for which funds were appropriated for the pre-
ceding fiscal year), by— 
‘‘(1) 2,000 in fiscal year 2010; 
‘‘(2) 1,500 in fiscal year 2011; 
‘‘(3) 1,000 in fiscal year 2012; 
‘‘(4) 1,000 in fiscal year 2013; and 
‘‘(5) 500 in fiscal year 2014. 
‘‘(b) ALLOCATIONS.—Of the Border Patrol agents 
hired under subsection (a), 80 percent shall be deployed 
along the southern border of the United States and 20 
percent shall be deployed along the northern border of the 
United States. 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—The 
necessary funds are authorized to be appropriated for each 
of fiscal years 2010 through 2014 to carry out this sec-
tion.’’. 
(b) INVESTIGATIVE PERSONNEL.— 
(1) ADDITIONAL
INVESTIGATIVE
PERSONNEL 
FOR ALIEN SMUGGLING.—In addition to the posi-
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tions authorized under section 5203 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004, as amended by paragraph (1), during each of 
the fiscal years 2010 through 2014, the Secretary 
shall, subject to the availability of appropriations, in-
crease by not less than 350 the number of positions 
for personnel within the Department assigned to 
specifically investigate alien smuggling. 
(2) ADDITIONAL FUNDS AND PERSONNEL FOR 
THE TUNNEL TASK FORCE.—Subject to appropria-
tions, the fiscal year 2010 budget of the Tunnel 
Task Force, a joint force comprised of Immigration 
and Customs Enforcement (ICE), Customs and Bor-
der Patrol (CBP), and Drug Enforcement Adminis-
tration (DEA) personnel tasked to pinpoint tunnels 
that are utilized by drug lords and ‘‘coyotes’’ to 
smuggle narcotics, illegal aliens, and weapons, shall 
be increased by 50 percent above the fiscal year 
2007 budget. Such increase shall be used to increase 
personnel, improve communication and coordination 
between participant agencies, upgrade technology, 
and offer cash rewards and appropriate security to 
individuals who provide the Tunnel Task Force with 
accurate information on existing tunnels that breach 
the international borders of the United States. 
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(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
The necessary funds are authorized to be appro-
priated to the Secretary for each of the fiscal years 
2010 through 2014 to carry out this section. 
(c) RECRUITMENT OF FORMER MEMBERS OF THE 
ARMED FORCES AND MEMBERS OF RESERVE COMPO-
NENTS OF THE ARMED FORCES.— 
(1) REQUIREMENT FOR PROGRAM.—The Sec-
retary, in conjunction with the Secretary of Defense, 
shall establish a program to actively recruit covered 
members (a member of a reserve component of the 
Armed Forces) or former members of the Armed 
Forces and National Guard to serve in United 
States Customs and Border Protection. 
(2) REPORT ON RECRUITMENT INCENTIVES.— 
Not later than 90 days after the date of enactment 
of this Act, the Secretary and the Secretary of De-
fense shall jointly submit to the ‘‘appropriate’’ com-
mittees of Congress a report that shall include an 
assessment of the desirability and feasibility of offer-
ing an incentive to a covered member or former 
member of the Armed Forces for the purpose of en-
couraging such member to serve in United States 
Customs and Border Patrol and Immigration and 
Customs Enforcement— 
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(A) the Secretary must provide a descrip-
tion of various monetary and non-monetary in-
centives considered for purposes of the report; 
and 
(B) the Secretary must provide an assess-
ment of the desirability and feasibility of uti-
lizing any such incentive. 
(3) RECOMMENDATIONS FOR RECRUITMENT IN-
CENTIVES.— 
(A) MAXIMUM
STUDENT
LOAN
REPAY-
MENTS FOR UNITED STATES BORDER PATROL 
AGENTS
WITH
A
TWO-YEAR
COMMITMENT.— 
Section 5379(b) of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(4) In the case of an employee (otherwise eligi-
ble for benefits under this section) who is serving as 
a full-time active-duty United States Border Patrol 
agent within the Department of Homeland Secu-
rity— 
‘‘(A) paragraph (2)(A) shall be applied by 
substituting ‘$20,000’ for ‘$10,000’; and 
‘‘(B) paragraph (2)(B) shall be applied by 
substituting ‘$80,000’ for ‘$60,000’.’’. 
(B) RECRUITMENT AND RELOCATION BO-
NUSES AND RETENTION ALLOWANCES FOR PER-
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SONNEL OF THE DEPARTMENT OF HOMELAND 
SECURITY.—The Secretary of Homeland Secu-
rity shall ensure that the authority to pay re-
cruitment and relocation bonuses under section 
5753 of title 5, United States Code, the author-
ity to pay retention bonuses under section 5754 
of such title, and any other similar authorities 
available under any other provision of law, rule, 
or regulation, are exercised to the fullest extent 
allowable in order to encourage service in the 
Department of Homeland Security. 
(4) DEFINITION.—The term ‘‘appropriate com-
mittees of Congress’’ means— 
(A) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Homeland Security of the House of 
Representatives; and 
(B) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate. 
SEC. 102. TECHNOLOGY. 
(a) EQUIPMENT SHARING BETWEEN DEPARTMENT 
OF HOMELAND SECURITY AND DEPARTMENT OF DE-
FENSE.—The Secretaries of these two departments shall 
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develop and implement a plan to use authorities provided 
to the Secretary of Defense under chapter 18 of title 10, 
United States Code, to increase the availability and use 
of Department of Defense equipment, including unmanned 
aerial vehicles, tethered aerostat radars, and other surveil-
lance equipment, to assist the Secretary in carrying out 
surveillance activities conducted at or near the inter-
national land borders of the United States to prevent ille-
gal immigration. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act (and then annually from that 
point), the Secretary and the Secretary of Defense shall 
submit to Congress a report that contains— 
(1) a description of the current use of Depart-
ment of Defense equipment to assist the Secretary 
in carrying out surveillance of the international land 
borders of the United States and assessment of the 
potential risks to citizens of the United States and 
key foreign policy interests associated with the use 
of such equipment; 
(2) the plan developed under subsection (a) to 
increase the use of Department of Defense equip-
ment to assist such surveillance activities; and 
(3) a description of the types of equipment and 
other support to be provided by the Secretary of De-
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fense under such plan during the 1-year period be-
ginning on the date of the submission of the report. 
(c) SECURE COMMUNICATION.—The secretary shall, 
as expeditiously as practicable, develop and implement a 
plan to improve the use of satellite communications and 
other technologies to ensure clear and secure 2-way com-
munication capabilities— 
(1) among all Border Patrol agents conducting 
operations between ports of entry; 
(2) between Border Patrol agents and their re-
spective Border Patrol stations; and 
(3) between all appropriate law enforcement 
agencies of the Department and State, local, and 
tribal law enforcement agencies. 
(d) OTHER TECHNOLOGY UPGRADES.—The Sec-
retary shall purchase and implement new technology to se-
cure the borders, including, but not limited to drones, in-
frared cameras, sensors, mobile lighting units, radar and 
infrared heat. 
(e) AUTHORIZATION OF APPROPRIATIONS.—The nec-
essary funds are authorized to be appropriated to the Sec-
retary for each of the fiscal years 2010 through 2014 to 
carry out this section. 
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SEC. 103. INFRASTRUCTURE. 
(a) INFRASTRUCTURE IMPROVEMENTS.—Subject to 
the availability of appropriations, the Secretary shall con-
struct or purchase— 
(1) office facilities to accommodate additional 
border patrol manpower; 
(2) sport utility vehicles for officers; 
(3) all weather roads for better vehicle access 
and performance on remote and rugged terrain 
(road construction should be done in consultation 
with the owner of the land and take into account 
any environmental or other land-use issues that are 
relevant); 
(4) additional fencing (and aesthetic fencing in 
business districts) in urban areas of the border; and 
(5) vehicle barriers, to support, not replace, 
manpower, in rural and remote areas of the border 
necessary to achieve operational control of the inter-
national borders of the United States. 
(b) AUTHORIZATION OF APPROPRIATIONS.—The nec-
essary funds are authorized to be appropriated to the Sec-
retary for each of the fiscal years 2010 through 2014 to 
carry out this section. 
SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 
(a) UNMANNED
AERIAL
VEHICLE
PILOT
PRO-
GRAM.—During the 1-year period beginning on the date 
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on which the report is submitted under section 102(b), the 
Secretary shall conduct a pilot program to test unmanned 
aerial vehicles for border surveillance along the inter-
national border between Canada and the United States. 
(b) UNMANNED AERIAL VEHICLES AND ASSOCIATED 
INFRASTRUCTURE.—The Secretary shall acquire and 
maintain unmanned aerial vehicles and related equipment 
for use to patrol the international borders of the United 
States, including equipment such as— 
(1) additional sensors; 
(2) satellite command and control; and 
(3) other necessary equipment for operational 
support. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary for each of the fiscal 
years 2010 and 2011 such sums as may be nec-
essary to carry out subsection (b). 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to the authorization of appropria-
tions in paragraph (1) are authorized to remain 
available until expended. 
(d) AERIAL SURVEILLANCE PROGRAM.— 
(1) IN GENERAL.—In conjunction with the bor-
der surveillance plan developed under section 5201 
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of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 
note), the Secretary, not later than 90 days after the 
date of enactment of this Act, shall develop and im-
plement a program to fully integrate and utilize aer-
ial surveillance technologies, including unmanned 
aerial vehicles, to enhance the security of the inter-
national border between the United States and Can-
ada and the international border between the United 
States and Mexico. The goal of the program shall be 
to ensure continuous monitoring of each mile of each 
border. 
(2) ASSESSMENT AND CONSULTATION REQUIRE-
MENTS.—In developing the program under this sub-
section, the Secretary shall— 
(A) consider current and proposed aerial 
surveillance technologies; 
(B) assess the feasibility and advisability 
of utilizing such technologies to address border 
threats, including an assessment of the tech-
nologies considered best suited to address re-
spective threats; 
(C) consult with the Secretary of Defense 
regarding any technologies or equipment, which 
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the Secretary may deploy along an international 
border of the United States; and 
(D) consult with the Administrator of the 
Federal Aviation Administration regarding safe-
ty, airspace coordination and regulation, and 
any other issues necessary for implementation 
of the program. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
The necessary funds are authorized to be appro-
priated to carry out this subsection. 
(e) INTEGRATED AND AUTOMATED SURVEILLANCE 
PROGRAM.— 
(1) REQUIREMENT FOR PROGRAM.—Subject to 
the availability of appropriations, the Secretary shall 
establish a program to procure additional unmanned 
aerial vehicles, drones, cameras, poles, sensors, sat-
ellites, radar coverage, and other technologies nec-
essary to achieve operational control of the inter-
national borders of the United States and to estab-
lish a security perimeter known as a ‘‘virtual fence’’ 
along such international borders to provide a barrier 
to illegal immigration. 
(2) PROGRAM
COMPONENTS.—The Secretary 
shall ensure, to the maximum extent feasible, that— 
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(A) the technologies utilized in the Inte-
grated and Automated Surveillance Program 
are integrated and function cohesively in an 
automated fashion, including the integration of 
motion sensor alerts and cameras in a manner 
where a sensor alert automatically activates a 
corresponding camera to pan and tilt in the di-
rection of the triggered sensor; 
(B) cameras utilized in the program do not 
have to be manually operated; 
(C) such camera views and positions are 
not fixed; 
(D) surveillance video taken by such cam-
eras is able to be viewed at multiple designated 
communications centers; 
(E) a standard process is used to collect 
and record, catalog, and report intrusion and 
response data collected under the Program; 
(F) future remote surveillance technology 
investments and upgrades for the program can 
be integrated with existing systems; 
(G) performance measures are developed 
and applied that can evaluate whether the pro-
gram is providing desired results and increasing 
response effectiveness in monitoring and detect-
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(b) DEMONSTRATION PROGRAM.—Not later than 180 
days after the date of enactment of this Act, the Commis-
sioner shall establish a demonstration program to develop 
a cooperative trade security system to improve supply 
chain security. 
Subtitle E—Other Border Security 
Initiatives 
SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVEN-
TION. 
(a) CHECKS AGAINST TERRORIST WATCHLIST.—The 
Secretary of Homeland Security shall, to the extent prac-
ticable, check against all available terrorist watchlists 
those persons suspected of alien smuggling and smuggled 
individuals who are interdicted at the land, air, and sea 
borders of the United States. 
(b) STRENGTHENING PROSECUTION AND PUNISH-
MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im-
migration and Nationality Act (8 U.S.C. 1324(a)) is 
amended— 
(1) by amending the subsection heading to read 
as follows: ‘‘BRINGING IN, HARBORING, AND SMUG-
GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 
(2) by amending paragraphs (1) through (2) to 
read as follows: 
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