I 
111TH CONGRESS 
2D SESSION 
H. R. 5836 
To provide for improved border security and to ensure that employers that 
participate in the E-Verify Program are not subject to unjustified penalties. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2010 
Mr. GRAVES of Missouri introduced the following bill; which was referred to 
the Committee on Homeland Security, and in addition to the Committees 
on the Judiciary and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for improved border security and to ensure that 
employers that participate in the E-Verify Program are 
not subject to unjustified penalties. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Security and 
Employee Verification Improvement Act of 2010’’. 
SEC. 2. INCREASE IN BORDER PATROL AGENTS. 
(a) ANNUAL INCREASES.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
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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 2011; 
(2) 2,000 in fiscal year 2012; and 
(3) 2,000 in fiscal year 2013. 
(b) ALLOCATIONS.—Of the Border Patrol agents 
specified in subsection (a), 100 percent shall be deployed 
along the southern border of the United States. 
SEC. 3. INFRASTRUCTURE IMPROVEMENTS. 
The Secretary of Homeland Security shall, as the 
case may be and subject to the availability of appropria-
tions for such purposes, construct or purchase— 
(1) office facilities to accommodate additional 
Border Patrol agents; 
(2) sport utility vehicles or all terrain vehicles 
for such agents; 
(3) additional fencing in urban areas of the 
southern border of the United States; and 
(4) vehicle barriers to support, not replace, 
manpower in rural and remote areas of the southern 
border of the United States to achieve operational 
control of such border. 
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SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE 
SOUTHERN BORDER OF THE UNITED STATES. 
(a) IN GENERAL.—Section 102(b)(1)(A) of the Ille-
gal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note) is amended to read as 
follows: 
‘‘(A) TWO-LAYERED
REINFORCED
FENC-
ING.— 
‘‘(i) IN
GENERAL.—In carrying out 
subsection (a), the Secretary of Homeland 
Security shall construct two layers of rein-
forced physical fencing along not fewer 
than 150 miles of the southern border of 
the United States where such fencing 
would be most practical and effective to 
deter and prevent unlawful border cross-
ings. 
‘‘(ii) 
BORDER
PATROL
ACCESS 
ROAD.—The two-layered reinforced phys-
ical fencing required under clause (i) shall 
be separated by a Border Patrol access 
road. 
‘‘(iii) CONSTRUCTION DEADLINE.— 
‘‘(I) IN
GENERAL.—Not later 
than three years after the date of the 
enactment of this subparagraph, the 
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Secretary of Homeland Security shall 
ensure the completion of the construc-
tion of the two-layered reinforced 
fencing required under clause (i) and 
the construction of the Border Patrol 
access road required under clause (ii). 
‘‘(II) REPORT.—If the Secretary 
of Homeland Security is unable to 
complete the construction of such 
fencing and access road by the date 
specified in subclause (I), the Sec-
retary shall submit to Congress a re-
port describing why such construction 
was not so completed. 
‘‘(iv) PROHIBITION ON PREEXISTING 
FENCING TO SATISFY MILEAGE REQUIRE-
MENT.—In carrying out clause (i), the Sec-
retary of Homeland Security may not con-
sider fencing along the southern border of 
the United States in existence on the date 
of the enactment of this subparagraph for 
purposes of satisfying the mileage require-
ment specified in such clause.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
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Security shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report containing a plan for construction of a 
physical fence along the entire southern border of the 
United States and including the following information: 
(1) The amount of fencing (measured in miles) 
necessary to complete such plan. 
(2) A timeline for completion of such plan. 
(3) An identification of high-traffic areas that 
are prioritized for such construction. 
(4) Additional resources needed from Congress 
relating to such construction. 
SEC. 5. STUDY ON E-VERIFY PROGRAM. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall con-
duct a study on the E-Verify Program established under 
title IV of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note). The 
study shall include the following: 
(1) The number of employers that voluntarily 
participate in the E-Verify Program. 
(2) The number of employers required by law to 
participate in the E-Verify Program. 
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(3) The number of employers that, while fully 
participating in the E-Verify program, employed un-
authorized aliens (as such term is defined in section 
274A(h)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(h)(3))). 
(4) A determination by the Secretary as to the 
feasibility of improving the E-Verify Program by in-
corporating additional sources of information, in-
cluding— 
(A) the databases and resources used by 
United States Immigration and Customs En-
forcement in an I–9 audit; 
(B) State-owned databases and informa-
tion from State documents; and 
(C) information about reported lost or sto-
len identities. 
(5) A determination by the Secretary as to 
whether existing legal protections for employers who 
properly participate in the E-Verify program are 
sufficient to fully protect them from civil or criminal 
liability for the employment of unauthorized aliens 
(as such term is defined in section 274A(h)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
Æ 
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