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; 
(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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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 
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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
Subtitle B—Strategies and Prog-
ress Reports for Securing Amer-
ica’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, 2013. 
(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-
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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. 
(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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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. 
(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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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. 
(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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
Security Presidential Directive 13, dated December 21, 
2004. 
(e) SUBMISSION TO CONGRESS.— 
(1) STRATEGY.—Not later than December 31, 
2010, 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. 
(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, 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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 
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.— 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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. 
(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; 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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.— 
(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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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-
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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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— 
(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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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. 
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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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 
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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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. 
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 2010 through 2014 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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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-
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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 
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-
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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). 
‘‘(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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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 
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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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 
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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 
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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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 
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— 
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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— 
‘‘(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.’’. 
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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 
(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. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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— 
(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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
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. 
(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 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(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 
of uniformed law enforcement officers and special agents, 
in addition to the number of such officers and agents em-
ployed immediately before the enactment of this Act, such 
sums as may be necessary for— 
(1) 22 such officers of the United States Fish 
and Wildlife Service, including— 
(A) 4 for California; 
(B) 9 for Arizona; 
(C) 2 for New Mexico; and 
(D) 7 for Texas; 
(2) 2 such agents of the United States Fish 
and Wildlife Service, for Texas; 
(3) 22 such officers of the National Park Serv-
ice, including— 
(A) 13 for Arizona; and 
(B) 9 for Texas; 
(4) 2 such agents of the National Park Service, 
for Texas; 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(5) 19 such officers of the Bureau of Land 
Management, including— 
(A) 5 for California; 
(B) 4 for Arizona; 
(C) 4 for New Mexico; and 
(D) 6 for Texas; 
(6) 2 such agents of the Bureau of Land Man-
agement, including— 
(A) 1 for California; 
(B) 2 for Arizona; and 
(C) 1 for New Mexico; and 
(7) one such agent of the Bureau of Indian Af-
fairs, for Texas. 
(d) ADDITIONAL
SPECIAL
ASSISTANT
UNITED 
STATES ATTORNEY.—There are authorized to be appro-
priated to the Attorney General such sums as may be nec-
essary to increase by 1 the number of special assistant 
United States attorneys in the district of Arizona dedi-
cated to prosecution of cases generated by the Secretary 
of Interior, in addition to the number of such attorneys 
appointed immediately before the enactment of this Act. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
TITLE II—ENDING UNLAWFUL 
EMPLOYMENT 
Subtitle A—Employee Verification 
SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION 
VERIFICATION. 
(a) MAKING BASIC PILOT PROGRAM PERMANENT.— 
Section 401(b) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding before the period at the end of the 
last sentence the following ‘‘, except that the basic pilot 
program described in section 403(a) shall be a permanent 
program’’. 
(b) MANDATORY USE OF E-VERIFY SYSTEM.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), every person or other entity that hires one 
or more individuals for employment in the United 
States shall verify through the E-Verify program, es-
tablished as the basic pilot program by section 
403(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note), that each 
such individual is authorized to work in the United 
States. The Secretary of Homeland Security shall 
ensure that verification by means of a toll-free tele-
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
phone line is an available option in complying with 
the preceding sentence. 
(2) SELECT
ENTITIES
REQUIRED
TO
USE
E- 
VERIFY PROGRAM IMMEDIATELY.—The following en-
tities must satisfy the requirement in paragraph (1) 
by not later than one year after the date of the en-
actment of this Act: 
(A) FEDERAL
AGENCIES.—Each depart-
ment and agency of the Federal Government. 
(B) FEDERAL
CONTRACTORS.—A con-
tractor that— 
(i) has entered into a contract with 
the Federal Government to which section 
2(b)(1) of the Service Contract Act of 
1965 (41 U.S.C. 351(b)(1)) applies, and 
any subcontractor under such contract; or 
(ii) has entered into a contract ex-
empted from the application of such Act by 
section 6 of such Act (41 U.S.C. 356), and 
any subcontractor under such contract. 
(C) LARGE
EMPLOYERS.—An employer 
that employs more than 250 individuals in the 
United States. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(A) TWO YEARS FOR EMPLOYERS OF 100 
OR MORE.—Entities that employ 100 or more 
individuals in the United States must satisfy 
the requirement in paragraph (1) by not later 
than two years after the date of the enactment 
of this Act. 
(B) THREE YEARS FOR EMPLOYERS WITH 
30 OR MORE EMPLOYEES.—All entities that em-
ploy 30 or more individuals in the United 
States must satisfy the requirement in para-
graph (1) by not later than three years after 
the date of the enactment of this Act. 
(C) FOUR YEARS FOR ALL EMPLOYERS.— 
All entities that employ one or more individuals 
in the United States must satisfy the require-
ment in paragraph (1) by not later than four 
years after the date of the enactment of this 
Act. 
(4) VERIFYING EMPLOYMENT AUTHORIZATION 
OF CURRENT EMPLOYEES.—Every person or other 
entity that employs one or more persons in the 
United States shall verify through the E-Verify pro-
gram by not later than four years after the date of 
the enactment of this Act that each employee is au-
thorized to work in the United States. 
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(5) DEFENSE.—In accordance with section 
274A(a)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(a)(3)), a person or entity that es-
tablishes that it has complied in good faith with the 
requirements of section 274A(b) of such Act with re-
spect to the hiring, recruiting, or referral for em-
ployment of an alien in the United States has estab-
lished an affirmative defense that the person or enti-
ty has not violated section 274A(a)(1)(A) of such 
Act with respect to such hiring, recruiting or refer-
ral. Furthermore an employer who has complied 
with the requirements in paragraphs (1) and (4) of 
this Act shall not be liable for hiring an unauthor-
ized alien, if— 
(A) such hiring occurred due to an error in 
the E-Verify program that was unknown to the 
employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraphs (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) with respect to each offense; and 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(B) create a rebuttable presumption that 
the 
employer 
has 
violated 
section 
274A(a)(1)(A). 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.— 
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the E-Verify program to verify the employ-
ment authorization of new hires or current employ-
ees. 
(8) STATE
INTERFERENCE.—No State may 
prohibit a person or other entity from using the E- 
verify program to verify the employment authoriza-
tion of new hires or current employees. 
(9) E-VERIFY STUDY.— 
(A) FINDINGS.—The Congress finds as fol-
lows: 
(i) A majority of the 0.4 percent of 
tentative non-confirmations that are issued 
within E-Verify to work authorized individ-
uals occur due to incorrect or outdated in-
formation in the databases utilized by the 
system. For instance, an individual may 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
have changed his or her name legally but 
has not updated their Social Security in-
formation to account for this change. This 
person would likely receive a tentative non- 
confirmation if their work eligibility were 
checked using E-Verify. 
(ii) E-Verify already provides employ-
ers and employees with simple and clear 
instructions on how inconsistencies in data 
can be corrected in order to verify the 
work eligibility of an employee. However, 
giving an individual the ability to verify his 
or her own employment eligibility in ad-
vance of an official E-Verify query by an 
employer would allow that individual to 
correct data errors at his or her conven-
ience. This may also serve to lessen peak 
demand on Social Security Administration 
field offices. 
(B) STUDY.—The Government Account-
ability Office shall conduct a study to examine 
the potential of a secure method of allowing in-
dividuals to check their own work eligibility, so 
that they can address inconsistencies in their 
personal data that might otherwise cause them 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
to be issued a tentative non-confirmation by E- 
Verify. The study shall be published within 6 
months after the date of enactment of this Act. 
(10) DOCUMENT FRAUD STUDY.—The Govern-
ment Accountability Office shall conduct a study to 
examine methods to combat document fraud, theft 
and forgery in the use and expansion of the E-Verify 
program. The report shall make recommendations to 
the appropriate agencies on ways to reduce instances 
of document fraud, theft and forgery. The report 
shall be published within six months after enactment 
of this Act. 
SEC. 202. MONITORING AND COMPLIANCE. 
(a) ENHANCING MONITORING AND COMPLIANCE OF 
E-VERIFY.—The Secretary of the Department of Home-
land Security is authorized take the following actions to 
increase the capability and effectiveness of the E-Verify 
employer Monitoring and Compliance team within Citizen-
ship and Immigration Services: 
(1) Increase by no more than 6 the number of 
fulltime employees dedicated to the development of 
thresholds and algorithms and quality assurance 
procedures for the monitoring of employer adherence 
to the conditions that are currently outlined in the 
E-Verify Memorandum of Understanding. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(2) Increase as necessary the number of 
fulltime employees dedicated to outreach to employ-
ers using E-Verify and the creation of informational 
tools and corrective action procedures that will pro-
vide compliance assistance to these employers. These 
employees may also be utilized in the operation of 
the toll free compliance assistance call center. 
(3) Establish procedures for the identification 
of cases of potential fraud or misuse of E-Verify. 
(4) Establish procedures for the sharing of in-
formation on these selected cases with Immigration 
and Customs Enforcement for further investigation 
as necessary. 
(5) Report to Congress within one year of the 
date of enactment of this Act on the activities of the 
Office of Monitoring and Compliance which shall in-
clude— 
(A) a description of the types of fraud and 
misuse being detected by the thresholds and al-
gorithms used for employee monitoring within 
the Office; 
(B) the number and type of cases flagged 
by the Office and referred to Immigration and 
Customs Enforcement, as well as the outcome 
of these cases; and 
VerDate Nov 24 2008 
03:07 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(C) an assessment of the number and the 
nature of calls received by the compliance as-
sistance call center. 
SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES. 
(a) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 
any individual with concurrent earnings from more than 
one employer, the Commissioner of Social Security shall 
notify the individual that earnings from two or more em-
ployers are being reported under the individual’s Social 
Security account number (SSN). Such notice shall include, 
at a minimum— 
(1) the name and location of each employer re-
porting benefits for an individual; 
(2) a warning that any inaccuracies in this in-
formation could indicate that the individual’s SSN is 
being fraudulently used by another individual; 
(3) an explanation of any potential risk that an 
individual is subject to if his or her SSN has been 
used or is being used by someone else; and 
(4) an SSA telephone number that an indi-
vidual may call to report inaccuracies in the use of 
their SSN. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(b) INFORMATION SHARING WITH
THE DEPART-
MENT OF HOMELAND SECURITY.— 
(1) Not later than 180 days following the date 
of enactment of this act, the Commissioner of Social 
Security shall promulgate regulations in accord with 
section 1306, title 42 (42 U.S.C. 1306), to require 
that information regarding all multiple use notifica-
tions that lead to the identification of an unauthor-
ized user of a Social Security account number be 
shared with the Secretary of the Department of 
Homeland Security on a timely basis. 
(2) Information to be shared with the Secretary 
shall include, at a minimum, the name and mailing 
address of all employees who are the subject of an 
unresolved mismatch notification or who are unau-
thorized users of another individual’s Social Security 
account number. The names and addresses of the 
employers of these employees must also be provided 
(3) The Secretary shall report to Congress an-
nually the number of cases that the Commissioner of 
Social Security has shared with the Department of 
Homeland Security regarding unauthorized users of 
a Social Security number and the actions that have 
been taken to resolve these cases. The first report 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
shall be presented to Congress 1 year after the pas-
sage of this Act. 
SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
(a) In consultation with the Secretary of Health and 
Human Services and the Commissioner of Social Security, 
the Secretary shall take the following actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
records and whether violations are sufficiently en-
forced. 
VerDate Nov 24 2008 
05:30 Jul 24, 2009
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3308.IH
H3308
jbell on DSKDVH8Z91PROD with BILLS