I 
112TH CONGRESS 
1ST SESSION H. R. 2000 
To provide immigration reform by securing America’s borders, clarifying and 
enforcing existing laws, and enabling a practical employer verification 
program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2011 
Mr. SHULER (for himself, Mr. ALTMIRE, Mr. KISSELL, Mr. ROSS of Arkansas, 
Mr. BILBRAY, Mr. BURTON of Indiana, Mrs. CAPITO, Mr. COFFMAN of 
Colorado, Mr. DAVIS of Kentucky, Mr. DUNCAN of Tennessee, Mr. GER-
LACH, Mr. GINGREY of Georgia, Mr. JONES, Mr. MARCHANT, Mr. 
MCCAUL, Mrs. MYRICK, Mr. GARY G. MILLER of California, Mr. ROYCE, 
Mr. YOUNG of Florida, Mr. ROE of Tennessee, Mr. LEWIS of California, 
Mr. GUINTA, Mr. MCINTYRE, Mr. CARTER, Mr. CALVERT, Mr. YOUNG 
of Alaska, Mr. ROHRABACHER, Mr. MANZULLO, Mr. SESSIONS, Mr. 
LAMBORN, Mr. VISCLOSKY, Mr. FORTENBERRY, Mr. BACHUS, Mr. 
MCHENRY, Mr. BARLETTA, Mr. MATHESON, and Mr. NUNNELEE) intro-
duced the following bill; which was referred to the Committee on Home-
land Security, and in addition to the Committees on the Judiciary, Ways 
and Means, Education and the Workforce, Oversight and Government 
Reform, Armed Services, Agriculture, and Natural Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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, 
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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 2011’’ or as the ‘‘SAVE Act of 2011’’. 
(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. 
Sec. 142. Border security on certain Federal land. 
TITLE II—ENDING UNLAWFUL EMPLOYMENT 
Subtitle A—Employee Verification 
Sec. 201. Mandatory employment authorization verification. 
Sec. 202. Monitoring and compliance. 
Sec. 203. Mandatory notification of SSN mismatches and multiple uses. 
Sec. 204. Establishment of electronic birth and death registration systems. 
Sec. 205. Penalty for failure to file correct information returns. 
Sec. 206. Authorization of appropriations. 
Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens 
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Sec. 211. Clarification that wages paid to unauthorized aliens may not be 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: 
‘‘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 
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positions for which funds were appropriated for the pre-
ceding fiscal year), by— 
‘‘(1) 1,500 in fiscal year 2012; 
‘‘(2) 1,000 in fiscal year 2013; 
‘‘(3) 1,000 in fiscal year 2014; 
‘‘(4) 1,000 in fiscal year 2015; and 
‘‘(5) 500 in fiscal year 2016. 
‘‘(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 2012 through 2016 to carry out this sec-
tion.’’. 
(b) INVESTIGATIVE PERSONNEL.— 
(1) ADDITIONAL
INVESTIGATIVE
PERSONNEL 
FOR ALIEN SMUGGLING.—In addition to the posi-
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 2012 through 2016, the Secretary 
shall, subject to the availability of appropriations, in-
crease by not less than 350 the number of positions 
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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 2012 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. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
The necessary funds are authorized to be appro-
priated to the Secretary for each of the fiscal years 
2012 through 2016 to carry out this section. 
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(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— 
(A) the Secretary must provide a descrip-
tion of various monetary and non-monetary in-
centives considered for purposes of the report; 
and 
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(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-
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 
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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 
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 
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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-
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 
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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 2012 through 2016 to 
carry out this section. 
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; 
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(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 2012 through 2016 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 
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. 
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(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 2012 and 2013 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 
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-
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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 
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 
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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— 
(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 
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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-
ing illegal intrusions along the international 
borders of the United States; 
(H) plans are developed under the program 
to streamline site selection and site validation 
processes to minimize delays of installing sur-
veillance technology infrastructure; 
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(I) standards are developed under the pro-
gram to expand the shared use of existing pri-
vate and governmental structures to install re-
mote 
surveillance 
technology 
infrastructure 
where possible; 
(J) standards are developed under the pro-
gram to identify and deploy the use of non-
permanent or mobile surveillance platforms that 
will increase the Secretary’s mobility and ability 
to identify illegal border intrusions; and 
(K) Border Patrol agents respond to each 
reported intrusion that appears to involve aliens 
or smugglers. 
(3) EVALUATION OF CONTRACTORS.— 
(A) REQUIREMENT FOR STANDARDS.—The 
Secretary shall develop appropriate standards 
to evaluate the performance of any contractor 
providing goods or services to carry out the In-
tegrated and Automated Surveillance Program. 
(B) REVIEW BY THE COMPTROLLER GEN-
ERAL OF THE UNITED STATES.— 
(i) IN
GENERAL.—The Comptroller 
General of the United States shall review 
each new contract related to the Program 
and should report to Congress regarding 
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contracts with a value of more than 
$5,000,000 in a timely manner, to deter-
mine whether such contract fully complies 
with applicable cost requirements, perform-
ance objectives, program milestones, and 
schedules. 
(ii) REPORTS.—The Comptroller Gen-
eral of the United States shall report the 
findings of each review carried out under 
clause (i) to the Secretary in a timely man-
ner. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
The necessary funds are authorized to be appro-
priated to carry out this subsection. 
Subtitle 
B—Strategies 
and 
Progress Reports for Securing 
America’s Borders 
SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS. 
(a) REQUIREMENT FOR NATIONAL STRATEGY.—The 
Secretary, in consultation with the heads of other appro-
priate Federal agencies, shall develop a national strategy 
to secure the borders that describes actions to be carried 
out to achieve operational control over all ports of entry 
into the United States and the international land and mar-
itime borders of the United States by December 31, 2015. 
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(b) CONTENT.—The national strategy to secure the 
borders shall include the following: 
(1) An assessment of the threats posed by ter-
rorists and terrorist groups that may try to infiltrate 
the United States at locations along the inter-
national land and maritime borders of the United 
States. 
(2) A risk assessment for all United States 
ports of entry and all portions of the international 
land and maritime borders of the United States that 
includes a description of activities being under-
taken— 
(A) to prevent the entry of terrorists, other 
unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband into the United 
States; and 
(B) to protect critical infrastructure at or 
near such ports of entry or borders. 
(3) An assessment of the most appropriate, 
practical, and cost-effective means of defending the 
international land and maritime borders of the 
United States against threats to security and illegal 
transit, including intelligence capacities, technology, 
equipment, personnel, and training needed to ad-
dress security vulnerabilities. 
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(4) An assessment of staffing needs for all bor-
der security functions, taking into account threat 
and vulnerability information pertaining to the bor-
ders and the impact of new security programs, poli-
cies, and technologies. 
(5) A description of the border security roles 
and missions of Federal Government, State govern-
ment, local government, and tribal authorities, and 
recommendations regarding actions the Secretary 
can carry out to improve coordination with such au-
thorities to enable border security and enforcement 
activities to be carried out in a more efficient and 
effective manner. 
(6) An assessment of existing efforts and tech-
nologies used for border security and the effect of 
the use of such efforts and technologies on civil 
rights, private property rights, privacy rights, and 
civil liberties, including an assessment of efforts to 
take into account asylum seekers, trafficking vic-
tims, unaccompanied minor aliens, refugees and 
other vulnerable populations, as well as the effects 
on Americans living in the border region and local, 
State, and Federal law enforcement officers working 
in the border region. 
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(7) A prioritized list of research and develop-
ment objectives to enhance the security of the inter-
national land and maritime borders of the United 
States. 
(8) A description of ways to ensure that the 
free flow of lawful travel and commerce is not unrea-
sonably diminished by efforts, activities, and pro-
grams aimed at securing the international land and 
maritime borders of the United States. 
(9) An assessment of additional detention facili-
ties and beds that are needed to detain unlawful 
aliens apprehended at United States ports of entry 
or along the international land borders of the United 
States. 
(10) A description of the performance metrics 
to be used to ensure accountability by the bureaus 
of the Department in implementing such strategy. 
(11) A schedule for the implementation of the 
security measures described in said strategy, includ-
ing a prioritization of security measures, realistic 
deadlines for addressing the security and enforce-
ment needs, an estimate of the resources needed to 
carry out such measures, and a description of how 
such resources should be allocated. 
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(c) CONSULTATION.—In developing the national 
strategy for border security, the Secretary shall consult 
with representatives of— 
(1) State, local, and tribal governmental au-
thorities with responsibility for locations along the 
international land and maritime borders of the 
United States; and 
(2) appropriate private sector entities, non-
governmental organizations, and affected commu-
nities that have expertise in areas related to border 
security. 
(d) COORDINATION.—The national strategy for bor-
der security shall be consistent with the National Strategy 
for Maritime Security developed pursuant to Homeland 
Security Presidential Directive 13, dated December 21, 
2004. 
(e) SUBMISSION TO CONGRESS.— 
(1) STRATEGY.—Not later than December 31, 
2012, the Secretary shall submit to Congress the na-
tional strategy for border security. 
(2) UPDATES.—The Secretary shall submit to 
Congress any update of such strategy that the Sec-
retary determines is necessary, not later than 30 
days after such update is developed. 
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(f) IMMEDIATE ACTION.—Nothing in this section 
may be construed to relieve the Secretary of the responsi-
bility to take all actions necessary and appropriate to 
achieve and maintain operational control over the entire 
international land and maritime borders of the United 
States. 
SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER 
INITIATIVE. 
(a) COMPTROLLER
GENERAL
OF
THE
UNITED 
STATES.— 
(1) ACTION.—If the Comptroller General of the 
United States becomes aware of any improper con-
duct or wrongdoing in the course of conducting a 
contract review under the Secure Border Initiative, 
the Comptroller General of the United States shall, 
as expeditiously as practicable, refer information re-
lating to such improper conduct or wrongdoing to 
Congress and to the Secretary of Homeland Secu-
rity, or to another appropriate official of the Depart-
ment of Homeland Security, who shall determine 
whether to temporarily suspend the contractor from 
further participation in the Secure Border Initiative 
or make said contract null and void. 
(2) REPORT.—Upon the completion of each re-
view described in paragraph (1), the Comptroller 
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General of the United States shall submit to Con-
gress and to the Secretary a report containing the 
findings of the review, including findings regard-
ing— 
(A) cost overruns; 
(B) significant delays in contract execu-
tion; 
(C) lack of rigorous departmental contract 
management; 
(D) insufficient departmental financial 
oversight; 
(E) bundling that limits the ability of 
small businesses to compete; or 
(F) other high-risk business practices. 
(b) REPORTS BY THE SECRETARY.— 
(1) IN GENERAL.—Not later than 30 days after 
the receipt of each report required under subsection 
(a)(2), the Secretary shall submit a report to the 
Committee on the Judiciary and the Committee on 
Homeland Security of the House of Representatives 
and the Committee on the Judiciary and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, that describes the steps the Sec-
retary has taken, or plans to take, to address the 
problems identified in such report. 
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(2) CONTRACTS WITH FOREIGN COMPANIES.— 
Not later than 60 days after the initiation of each 
contract action with a company whose headquarters 
are not based in the United States, the Secretary 
shall submit a report to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives, regarding the 
Secure Border Initiative. 
(c) REPORTS ON UNITED STATES PORTS.—Not later 
that 60 days after receiving information regarding a pro-
posed purchase of a contract to manage the operations of 
a United States port by a foreign entity, the Secretary 
of Homeland Security shall submit a report to Congress 
that describes— 
(1) the proposed purchase; 
(2) any security concerns related to the pro-
posed purchase; and 
(3) the manner in which such security concerns 
have been addressed. 
Subtitle C—Rapid Response 
Measures 
SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS. 
(a) EMERGENCY DEPLOYMENT OF BORDER PATROL 
AGENTS.— 
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(1) IN GENERAL.—If the Governor of a State 
on an international border of the United States de-
clares an international border security emergency 
and requests additional agents of the Border Patrol 
(referred to in this subtitle as ‘‘agents’’) from the 
Secretary, the Secretary, subject to paragraphs (2) 
and (3), may provide the State with not more than 
1,000 additional agents for the purpose of patrolling 
and defending the international border, in order to 
prevent individuals from crossing the international 
border into the United States at any location other 
than an authorized port of entry. 
(2) CONSULTATION.—Upon receiving a request 
for agents under paragraph (1), the Secretary, after 
consultation with the President, shall grant such re-
quest to the extent that providing such agents will 
not significantly impair the Department’s ability to 
provide border security for any other State. 
(3) COLLECTIVE BARGAINING.—Emergency de-
ployments under this subsection shall be made in ac-
cordance with all applicable collective bargaining 
agreements and obligations under current law. 
(b) FLEXIBLE DEPLOYMENT OF BORDER PATROL 
AGENTS.—The Secretary shall ensure that agents are not 
precluded from performing patrol duties and appre-
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hending violators of law, except in unusual circumstances 
if the temporary use of fixed deployment positions is nec-
essary. 
SEC. 122. BORDER PATROL MAJOR ASSETS. 
(a) CONTROL OF DEPARTMENT OF HOMELAND SE-
CURITY ASSETS.—The Department of Homeland Security 
shall have exclusive administrative and operational control 
over all the assets utilized in carrying out its mission, in-
cluding aircraft, watercraft, vehicles, detention space, 
transportation, and all of the personnel associated with 
such assets. 
(b) HELICOPTERS AND POWER BOATS.— 
(1) HELICOPTERS.—The Secretary shall in-
crease the number of helicopters under the control 
of the Border Patrol and Immigration and Customs 
Enforcement (ICE). The Secretary shall ensure that 
appropriate types and quantities of helicopters are 
procured for the various missions being performed. 
(2) POWER
BOATS.—The Secretary shall in-
crease the number of power boats under the control 
of the Border Patrol. The Secretary shall ensure 
that the types of power boats that are procured are 
appropriate for both the waterways in which they 
are used and the mission requirements. 
(3) USE AND TRAINING.—The Secretary shall— 
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(A) establish an overall policy on how the 
helicopters and power boats procured under this 
subsection will be used; and 
(B) implement training programs for the 
agents who use such assets, including safe oper-
ating procedures and rescue operations. 
(c) MOTOR VEHICLES.— 
(1) QUANTITY.—The Secretary shall establish a 
fleet of motor vehicles appropriate for use by the 
Border Patrol that will permit a ratio of not less 
than 1 police-type vehicle for every 4 agents with 
safety glass and other protections. The Secretary 
shall ensure that there are sufficient numbers and 
types of other motor vehicles to support the mission 
of the Border Patrol. 
(2) FEATURES.—All motor vehicles purchased 
for the Border Patrol shall— 
(A) be appropriate for the mission of the 
Border Patrol; and 
(B) have a panic button and a global posi-
tioning system device that is activated solely in 
emergency situations to track the location of 
agents in distress. 
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SEC. 123. ELECTRONIC EQUIPMENT. 
(a) PORTABLE COMPUTERS.—The Secretary shall en-
sure that each police-type motor vehicle in the fleet of the 
Border Patrol is equipped with a portable computer with 
access to all necessary law enforcement databases and oth-
erwise suited to the unique operational requirements of 
the Border Patrol. 
(b) RADIO EQUIPMENT.—The Secretary shall aug-
ment the existing radio communications system so that all 
law enforcement personnel, including Immigration and 
Customs Enforcement, working in each area where Border 
Patrol operations are conducted have clear and encrypted 
2-way radio communication capabilities at all times. Each 
portable communications device shall be equipped with a 
panic button and a global positioning system device that 
is activated solely in emergency situations to track the lo-
cation of agents in distress. 
(c) HANDHELD GLOBAL POSITIONING SYSTEM DE-
VICES.—The Secretary shall ensure that Border Patrol 
agents are issued a state-of-the-art handheld global posi-
tioning system device for navigational purposes. 
(d) NIGHT VISION EQUIPMENT.—The Secretary shall 
ensure that sufficient quantities of state-of-the-art night 
vision equipment are procured and maintained to enable 
each Border Patrol agent working during the hours of 
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darkness to be equipped with a portable night vision de-
vice. 
SEC. 124. PERSONAL EQUIPMENT. 
(a) BODY ARMOR.—The Secretary shall ensure that 
every agent on duty is issued high-quality body armor that 
is appropriate for the climate and risks faced by the agent. 
Enough body armor must be purchased to cover every 
agent in the field. 
(b) WEAPONS.—The Secretary shall ensure that 
agents are equipped with weapons that are reliable and 
effective to protect themselves, their fellow agents, and in-
nocent third parties from the threats posed by armed 
criminals. The Secretary shall ensure that the policies of 
the Department authorize all agents to carry weapons that 
are suited to the potential threats that they face, and that 
all agents receive appropriate training in the use of such 
weapons. 
(c) UNIFORMS.—The Secretary shall ensure that all 
agents are provided with all necessary uniform items, in-
cluding outerwear suited to the climate, footwear, belts, 
holsters, and personal protective equipment, at no cost to 
such agents. Such items shall be replaced at no cost to 
such agents as such items become worn or unserviceable 
or no longer fit properly. 
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SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary for each of the fis-
cal years 2012 through 2016 to carry out this subtitle. 
Subtitle D—Border Infrastructure 
and Technology Modernization 
SEC. 131. DEFINITIONS. 
In this subtitle: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of United States 
Customs and Border Protection. 
(2) NORTHERN BORDER.—The term ‘‘northern 
border’’ means the international border between the 
United States and Canada. 
(3) SOUTHERN BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
SEC. 132. EXPANSION OF COMMERCE SECURITY PRO-
GRAMS. 
(a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sioner, in consultation with the Secretary, shall de-
velop a plan to expand the programs of the Cus-
toms-Trade Partnership Against Terrorism estab-
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lished pursuant to section 211 of the SAFE Port 
Act (6 U.S.C. 961), including adding additional per-
sonnel for such programs, along the northern border 
and southern border, including the following pro-
grams: 
(A) The Business Anti-Smuggling Coali-
tion. 
(B) The Carrier Initiative Program. 
(C) The Americas Counter Smuggling Ini-
tiative. 
(D) The Container Security Initiative es-
tablished pursuant to section 205 of the SAFE 
Port Act (6 U.S.C. 945). 
(E) The Free and Secure Trade Initiative. 
(F) Other industry partnership programs 
administered by the Commissioner. 
(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. 
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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: 
‘‘(1)(A) Whoever, knowing or in reckless disregard of 
the fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United States, 
knowingly— 
‘‘(i) brings that individual to the United States 
in any manner whatsoever regardless of any future 
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official action which may be taken with respect to 
such individual; 
‘‘(ii) recruits, encourages, or induces that indi-
vidual to come to, enter, or reside in the United 
States; 
‘‘(iii) transports or moves that individual in the 
United States, in furtherance of their unlawful pres-
ence; or 
‘‘(iv) harbors, conceals, or shields from detec-
tion the individual in any place in the United States, 
including any building or any means of transpor-
tation; 
or attempts or conspires to do so, shall be punished as 
provided in subparagraph (C). 
‘‘(B) Whoever, knowing that an individual is an alien, 
brings that individual to the United States in any manner 
whatsoever at a place, other than a designated port of 
entry or place designated by the Secretary of Homeland 
Security, regardless of whether such individual has re-
ceived prior official authorization to come to, enter, or re-
side in the United States and regardless of any future offi-
cial action which may be taken with respect to such indi-
vidual, or attempts or conspires to do so, shall be punished 
as provided in subparagraph (C). 
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‘‘(C) Whoever commits an offense under this para-
graph shall, for each individual in respect to whom such 
a violation occurs— 
‘‘(i) if the offense results in the death of any 
person, be fined under title 18, United States Code, 
and subject to the penalty of death or imprisonment 
for any term of years or for life; 
‘‘(ii) if the offense involves kidnapping, an at-
tempt to kidnap, the conduct required for aggra-
vated sexual abuse (as defined in section 2241 of 
title 18, United States Code, without regard to 
where it takes place), or an attempt to commit such 
abuse, or an attempt to kill, be fined under title 18, 
United States Code, or imprisoned for any term of 
years or life, or both; 
‘‘(iii) if the offense involves an individual who 
the defendant knew was engaged in or intended to 
engage in terrorist activity (as defined in section 
212(a)(3)(B)), be fined under title 18, United States 
Code, or imprisoned not more than 30 years, or 
both; 
‘‘(iv) if the offense results in serious bodily in-
jury (as defined in section 1365 of title 18, United 
States Code) or places in jeopardy the life of any 
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person, be fined under title 18, United States Code, 
or imprisoned not more than 20 years, or both; 
‘‘(v) if the offense is a violation of paragraph 
(1)(A)(i) and was committed for the purpose of prof-
it, commercial advantage, or private financial gain, 
or if the offense was committed with the intent or 
reason to believe that the individual unlawfully 
brought into the United States will commit an of-
fense against the United States or any State that is 
punishable by imprisonment for more than 1 year, 
be fined under title 18, United States Code, and im-
prisoned, in the case of a first or second violation, 
not less than 3 nor more than 10 years, and for any 
other violation, not less than 5 nor more than 15 
years; 
‘‘(vi) if the offense is a violation of paragraphs 
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 
was committed for the purpose of profit, commercial 
advantage, or private financial gain, be fined under 
title 18, United States Code, or imprisoned not more 
than 10 years, or both; 
‘‘(vii) if the offense involves the transit of the 
defendant’s spouse, child, sibling, parent, grand-
parent, or niece or nephew, and the offense is not 
described in any of clauses (i) through (vi), be fined 
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under title 18, United States Code, or imprisoned 
not more than 1 year, or both; and 
‘‘(viii) in any other case, be fined under title 
18, United States Code, or imprisoned not more 
than 5 years, or both. 
‘‘(2)(A) There is extraterritorial jurisdiction over the 
offenses described in paragraph (1). 
‘‘(B) In a prosecution for a violation of, or an attempt 
or 
conspiracy 
to 
violate, 
subsection 
(a)(1)(A)(i), 
(a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(i) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity, and 
if a rescue is claimed, the name, description, registry 
number, and location of the vessel engaging in the 
rescue; and 
‘‘(ii) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien 
into the land territory of the United States without 
lawful authority, unless exigent circumstances ex-
isted that placed the life of that alien in danger, in 
which case the reporting requirement set forth in 
clause (i) is satisfied by notifying the Coast Guard 
as soon as practicable after delivering the alien to 
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emergency medical or law enforcement personnel 
ashore. 
‘‘(C) It is not a violation of, or an attempt or con-
spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 
or paragraph (1)(A)(ii) (except if a person recruits, en-
courages, or induces an alien to come to or enter the 
United States), for a religious denomination having a bona 
fide nonprofit, religious organization in the United States, 
or the agents or officer of such denomination or organiza-
tion, to encourage, invite, call, allow, or enable an alien 
who is present in the United States to perform the voca-
tion of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is 
not compensated as an employee, notwithstanding the pro-
vision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary 
has been a member of the denomination for at least one 
year. 
‘‘(D) For purposes of this paragraph and paragraph 
(1)— 
‘‘(i) the term ‘United States’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
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Northern Mariana Islands, and any other territory 
or possession of the United States; and 
‘‘(ii) the term ‘lawful authority’ means permis-
sion, authorization, or waiver that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed under those 
laws and does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law or authority that has been sought but not ap-
proved.’’. 
(c) MARITIME LAW ENFORCEMENT.— 
(1) PENALTIES.—Subsection (b) of section 
2237 of title 18, United States Code, is amended to 
read as follows: 
‘‘(b) Whoever intentionally violates this section 
shall— 
‘‘(1) if the offense results in death or involves 
kidnapping, an attempt to kidnap, the conduct re-
quired for aggravated sexual abuse (as defined in 
section 2241 without regard to where it takes place), 
or an attempt to commit such abuse, or an attempt 
to kill, be fined under such title or imprisoned for 
any term of years or life, or both; 
‘‘(2) if the offense results in serious bodily in-
jury (as defined in section 1365 of this title) or 
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transportation under inhumane conditions, be fined 
under this title, imprisoned not more than 15 years, 
or both; 
‘‘(3) if the offense is committed in the course 
of a violation of section 274 of the Immigration and 
Nationality Act (alien smuggling); chapter 77 (peon-
age, slavery, and trafficking in persons), section 111 
(shipping), 111A (interference with vessels), 113 
(stolen property), or 117 (transportation for illegal 
sexual activity) of this title; chapter 705 (maritime 
drug law enforcement) of title 46, or title II of the 
Act of June 15, 1917 (chapter 30; 40 Stat. 220), be 
fined under this title or imprisoned for not more 
than 10 years, or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
(2) LIMITATION
ON
NECESSITY
DEFENSE.— 
Section 2237(c) of title 18, United States Code, is 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(B) by adding at the end the following: 
‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
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‘‘(A) as soon as practicable upon reaching 
shore, delivered the person with respect to which the 
necessity arose to emergency medical or law enforce-
ment personnel; 
‘‘(B) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity re-
sulting giving rise to the defense; and 
‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(3)), into the land territory of the United 
States without lawful authority, unless exigent cir-
cumstances existed that placed the life of that alien 
in danger, in which case the reporting requirement 
of subparagraph (B) is satisfied by notifying the 
Coast Guard as soon as practicable after delivering 
that person to emergency medical or law enforce-
ment personnel ashore.’’. 
(3) DEFINITION.—Section 2237(e) of title 18, 
United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in 
an engine compartment, storage compartment, or 
other confined space, transportation at an excessive 
speed, transportation of a number of persons in ex-
cess of the rated capacity of the means of transpor-
tation, or intentionally grounding a vessel in which 
persons are being transported.’’. 
(d) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.— 
(1) IN
GENERAL.—Pursuant to its authority 
under section 994 of title 28, United States Code, 
and in accordance with this section, the United 
States Sentencing Commission shall review and, if 
appropriate, amend the sentencing guidelines and 
policy statements applicable to persons convicted of 
alien smuggling offenses and criminal failure to 
heave to or obstruction of boarding. 
(2) CONSIDERATIONS.—In carrying out this 
section, the Sentencing Commission, shall— 
(A) consider providing sentencing enhance-
ments or stiffening existing enhancements for 
those convicted of offenses described in sub-
section (a) that— 
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(i) involve a pattern of continued and 
flagrant violations; 
(ii) are part of an ongoing commercial 
organization or enterprise; 
(iii) involve aliens who were trans-
ported in groups of 10 or more; 
(iv) involve the transportation or 
abandonment of aliens in a manner that 
endangered their lives; or 
(v) involve the facilitation of terrorist 
activity; and 
(B) consider cross-references to the guide-
lines for Criminal Sexual Abuse and Attempted 
Murder. 
(3) EXPEDITED
PROCEDURES.—The Commis-
sion may promulgate the guidelines or amendments 
under this section in accordance with the procedures 
set forth in section 21(a) of the Sentencing Act of 
1987, as though the authority under that Act had 
not expired. 
SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND. 
(a) DEFINITIONS.—In this section: 
(1) PROTECTED LAND.—The term ‘‘protected 
land’’ means land under the jurisdiction of the Sec-
retary concerned. 
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(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to land under the jurisdic-
tion of the Secretary of Agriculture, the Sec-
retary of Agriculture; and 
(B) with respect to land under the jurisdic-
tion of the Secretary of the Interior, the Sec-
retary of the Interior. 
(b) BORDER PROTECTION STRATEGY.—The Sec-
retary, the Secretary of the Interior, and the Secretary 
of Agriculture shall jointly develop a border protection 
strategy that supports the border security needs of the 
United States in the manner that best protects— 
(1) units of the National Park System; 
(2) National Forest System land; 
(3) land under the jurisdiction of the United 
States Fish and Wildlife Service and Bureau of 
Land Management; and 
(4) other relevant land under the jurisdiction of 
the Secretary of the Interior or the Secretary of Ag-
riculture. 
(c) ADDITIONAL UNIFORMED LAW ENFORCEMENT 
OFFICERS AND SPECIAL AGENTS OF THE DEPARTMENT 
OF THE INTERIOR.—There are authorized to be appro-
priated to the Secretary of the Interior for employment 
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H2000
emcdonald on DSK2BSOYB1PROD with BILLS