I 
110TH CONGRESS 
1ST SESSION H. R. 4088 
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 
NOVEMBER 6, 2007 
Mr. SHULER (for himself, Mr. BILBRAY, Mr. RODRIGUEZ, Mr. ELLSWORTH, 
Mr. HOLDEN, Mr. GORDON of Tennessee, Mr. MCINTYRE, Mr. MURTHA, 
Mr. BISHOP of Georgia, Mr. LINCOLN DAVIS of Tennessee, Mr. BARROW, 
Mr. ALTMIRE, Mr. SPACE, Mrs. GILLIBRAND, Mr. ROSS, Mr. TAYLOR, 
Mr. BOYD of Florida, Mr. DONNELLY, Mr. HILL, Mr. CRAMER, Mr. 
BERRY, Mr. CARNEY, Mr. TANNER, Mr. MARSHALL, Mr. COOPER, Mr. 
LAMPSON, Mr. RYAN of Ohio, Mr. BOSWELL, Mr. PATRICK J. MURPHY 
of Pennsylvania, Mr. HIGGINS, Mr. BOREN, Mr. KAGEN, Mr. UDALL of 
Colorado, Mr. PERLMUTTER, Mr. STUPAK, Mr. KANJORSKI, Mr. 
MELANCON, Mr. BOUCHER, Mr. BAIRD, Mr. DAVIS of Alabama, Mrs. 
BOYDA of Kansas, Ms. BEAN, Mr. MCNERNEY, Mr. ARCURI, Mr. HODES, 
Mr. GOODLATTE, Mr. FEENEY, Mr. DEAL of Georgia, Mr. WAMP, Mr. 
SESSIONS, Mr. DUNCAN, Mr. RENZI, Mrs. BLACKBURN, Mr. ROYCE, Mr. 
MILLER of Florida, Mr. PRICE of Georgia, Mr. WALBERG, Mr. JONES of 
North Carolina, Mr. ROHRABACHER, Mr. ALEXANDER, Mr. COBLE, Mr. 
WESTMORELAND, 
Mr. 
ROSKAM, 
Mr. 
SMITH
of 
Nebraska, 
Mr. 
CULBERSON, Mr. DOOLITTLE, Mr. POE, Mr. HAYES, Mr. HUNTER, Mrs. 
CAPITO, Mr. SMITH of Texas, Mr. MCCAUL of Texas, Mr. BROUN of 
Georgia, Mr. SHUSTER, Ms. FALLIN, Mr. DAVID DAVIS of Tennessee, 
Mr. LAMBORN, Mr. MCHENRY, Mr. GRAVES, Mr. TANCREDO, Mr. GARY 
G. MILLER of California, Mr. CALVERT, Mr. WELDON of Florida, Mrs. 
MYRICK, Mr. BURTON of Indiana, Mr. BARRETT of South Carolina, Mr. 
BOOZMAN, Mr. INGLIS
of South Carolina, Mr. GOODE, and Mr. 
GINGREY) introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on the 
Judiciary, Ways and Means, Education and Labor, Oversight and Gov-
ernment Reform, Armed Services, Agriculture, and Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
A BILL 
To provide immigration reform by securing America’s bor-
ders, clarifying and enforcing existing laws, and enabling 
a practical employer verification program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Secure America Through Verification and Enforcement 
Act of 2007’’ or as the ‘‘SAVE Act of 2007’’. 
(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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
Sec. 142. Border security on certain Federal land. 
Subtitle F—Border Law Enforcement 
Sec. 151. Short title. 
Sec. 152. Findings. 
Sec. 153. Border relief grant program. 
Sec. 154. Authorization of appropriations. 
Sec. 155. Regulations. 
TITLE II—ENDING UNLAWFUL EMPLOYMENT 
Subtitle A—Employee Verification 
Sec. 201. Mandatory employment authorization verification. 
Sec. 202. Mandatory notification of SSN mismatches and multiple uses. 
Sec. 203. Establishment of electronic birth and death registration systems. 
Sec. 204. Penalty for failure to file correct information returns. 
Sec. 205. Authorization of appropriations. 
Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens 
Sec. 211. Clarification that wages paid to unauthorized aliens may not be de-
ducted from gross income. 
TITLE III—ENHANCING AND FULLY UTILIZING CURRENT 
METHODS OF INTERIOR ENFORCEMENT 
Sec. 301. Increase investigative efforts. 
Sec. 302. Increased oversight of agents. 
Sec. 303. Rewards program. 
Sec. 304. Increased detention facilities for aliens apprehended for illegal entry. 
Sec. 305. Findings and purpose. 
Sec. 306. Additional district court judgeships. 
Sec. 307. Media campaign. 
TITLE I—SECURING AMERICA’S 
INTERNATIONAL BORDERS 
Subtitle A—Manpower, Technolo-
gy, and Infrastructure Improve-
ments 
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: 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
‘‘(a) ANNUAL INCREASES.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase the number of positions 
for full-time active-duty Border Patrol agents within the 
Department of Homeland Security (above the number of 
positions for which funds were appropriated for the pre-
ceding fiscal year), by— 
‘‘(1) 2,500 in fiscal year 2008; 
‘‘(2) 2,000 in fiscal year 2009; 
‘‘(3) 1,500 in fiscal year 2010; 
‘‘(4) 1,000 in fiscal year 2011; and 
‘‘(5) 1,000 in fiscal year 2012. 
‘‘(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 2008 through 2012 to carry out this sec-
tion.’’. 
(b) INVESTIGATIVE PERSONNEL.— 
(1) ADDITIONAL
INVESTIGATIVE
PERSONNEL 
FOR ALIEN SMUGGLING.—In addition to the posi-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 2008 through 2012, the Secretary 
shall, subject to the availability of appropriations, in-
crease by not less than 350 the number of positions 
for personnel within the Department assigned to 
specifically investigate alien smuggling. 
(2) ADDITIONAL FUNDS AND PERSONNEL FOR 
THE TUNNEL TASK FORCE.—Subject to appropria-
tions, the fiscal year 2008 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 of 
mass destruction, shall be increased by 50 percent 
above the fiscal year 2007 budget. Such increase 
shall be used to increase personnel, improve commu-
nication and coordination between participant agen-
cies, upgrade technology, and offer cash rewards and 
appropriate security to individuals who provide the 
Tunnel Task Force with accurate information on ex-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
isting 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 
2008 through 2012 to carry out this section. 
(c) RECRUITMENT OF FORMER MEMBERS OF THE 
ARMED FORCES AND MEMBERS OF RESERVE COMPO-
NENTS OF THE ARMED FORCES.— 
(1) REQUIREMENT FOR PROGRAM.—The Sec-
retary, in conjunction with the Secretary of Defense, 
shall establish a program to actively recruit covered 
members (a member of a reserve component of the 
Armed Forces) or former members of the Armed 
Forces and National Guard to serve in United 
States Customs and Border Protection. 
(2) REPORT ON RECRUITMENT INCENTIVES.— 
Not later than 90 days after the date of enactment 
of this Act, the Secretary and the Secretary of De-
fense shall jointly submit to the ‘‘appropriate’’ com-
mittees of Congress a report that shall include an 
assessment of the desirability and feasibility of offer-
ing an incentive to a covered member or former 
member of the Armed Forces for the purpose of en-
couraging such member to serve in United States 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 
(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’.’’. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 
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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 
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; 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 
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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(e) AUTHORIZATION OF APPROPRIATIONS.—The nec-
essary funds are authorized to be appropriated to the Sec-
retary for each of the fiscal years 2008 through 2012 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; 
(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-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
retary for each of the fiscal years 2008 through 2012 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. 
(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 2008 and 2009 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-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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-
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-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 
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’’ 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 
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; 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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; 
(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.— 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 
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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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, 2010. 
(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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
Security Presidential Directive 13, dated December 21, 
2004. 
(e) SUBMISSION TO CONGRESS.— 
(1) STRATEGY.—Not later than December 31, 
2008, 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 2008 through 2012 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 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 Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
on the high seas, no defense based on necessity can 
be raised unless the defendant— 
‘‘(i) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity, 
and if a rescue is claimed, the name, descrip-
tion, 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 existed that placed the life of 
that alien in danger, in which case the report-
ing requirement set forth in clause (i) of this 
subparagraph is satisfied by notifying the Coast 
Guard as soon as practicable after delivering 
the alien to emergency medical or law enforce-
ment personnel ashore. 
‘‘(C) It is a defense to a violation of, or an at-
tempt or conspiracy to violate, clause (iii) or (iv) of 
subsection (a)(1)(A) for a religious denomination 
having a bona fide nonprofit, religious organization 
in the United States, or the agents or officer of such 
denomination or organization, to encourage, invite, 
call, allow, or enable an alien who is present in the 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
United States to perform the vocation of a minister 
or missionary for the denomination or organization 
in the United States as a volunteer who is not com-
pensated as an employee, notwithstanding the provi-
sion 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 para-
graph (1)— 
‘‘(i) the term ‘United States’ means the 
several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, Amer-
ican Samoa, the United States Virgin Islands, 
the Commonwealth of the Northern Mariana Is-
lands, and any other territory or possession of 
the United States; and 
‘‘(ii) the term ‘lawful authority’ means per-
mission, authorization, or waiver that is ex-
pressly provided for in the immigration laws of 
the United States or the regulations prescribed 
under those laws and does not include any such 
authority secured by fraud or otherwise ob-
tained in violation of law or authority that has 
been sought but not approved.’’. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(c) MARITIME LAW ENFORCEMENT.— 
(1) PENALTIES.—Subsection (b) of section 
2237 of title 18, United States Code, is amended to 
read as follows: 
‘‘(b)(1) Whoever intentionally violates this section 
shall, unless the offense is described in paragraph (2), be 
fined under this title or imprisoned for not more than 5 
years, or both. 
‘‘(2) If the offense— 
‘‘(A) is committed in the course of a violation 
of section 274 of the Immigration and Nationality 
Act (alien smuggling); chapter 77 (peonage, slavery, 
and trafficking in persons), section 111 (shipping), 
111A (interference with vessels), 113 (stolen prop-
erty), or 117 (transportation for illegal sexual activ-
ity) of this title; chapter 705 (maritime drug law en-
forcement) of title 46, or title II of the Act of June 
15, 1917 (Chapter 30; 40 Stat. 220), the offender 
shall be fined under this title or imprisoned for not 
more than 10 years, or both; 
‘‘(B) results in serious bodily injury (as defined 
in section 1365 of this title) or transportation under 
inhumane conditions, the offender shall be fined 
under this title, imprisoned not more than 15 years, 
or both; or 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
‘‘(C) results in death or involves kidnapping, an 
attempt to kidnap, the conduct required for aggra-
vated sexual abuse (as defined in section 2241 with-
out 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) 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— 
‘‘(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 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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 
(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.’’. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 subsection, 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 
subsection, the Sentencing Commission, shall— 
(A) consider providing sentencing enhance-
ments or stiffening existing enhancements for 
those convicted of offenses described in para-
graph (1) of this subsection 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 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 subsection in accordance with the proce-
dures 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. 
(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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 
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; 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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; 
(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-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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. 
Subtitle F—Border Law 
Enforcement 
SEC. 151. SHORT TITLE. 
This Act may be cited as the ‘‘Border Law Enforce-
ment Act’’. 
SEC. 152. FINDINGS. 
The Congress finds as follows: 
(1) It is the obligation of the Federal Govern-
ment of the United States to adequately secure the 
Nation’s borders and prevent the flow of unauthor-
ized aliens and illegal drugs into the United States. 
(2) Despite the fact that the United States 
Border Patrol apprehends over 1,000,000 people 
each year trying to illegally enter the United States, 
according to the Congressional Research Service, the 
net growth in the number of unauthorized aliens has 
increased by approximately 500,000 each year. The 
southwest border accounts for approximately 94 per-
cent of all migrant apprehensions each year. Cur-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
rently, there are an estimated 11,000,000 unauthor-
ized aliens in the United States. 
(3) The border region is also a major corridor 
for the shipment of drugs. According to the El Paso 
Intelligence Center, 65 percent of the narcotics that 
are sold in the markets of the United States enter 
the country through the Southwest Border. 
(4) Border communities continue to incur sig-
nificant costs due to the lack of adequate border se-
curity. A 2001 study by the United States-Mexico 
Border Counties Coalition found that law enforce-
ment and criminal justice expenses associated with 
illegal immigration exceed $89,000,000 annually for 
the Southwest border counties. 
(5) In August 2005, the States of New Mexico 
and Arizona declared states of emergency in order to 
provide local law enforcement immediate assistance 
in addressing criminal activity along the Southwest 
border. 
(6) While the Federal Government provides 
States and localities assistance in covering costs re-
lated to the detention of certain criminal aliens and 
the prosecution of Federal drug cases, local law en-
forcement along the border are provided no assist-
ance in covering such expenses and must use their 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
limited resources to combat drug trafficking, human 
smuggling, kidnappings, the destruction of private 
property, and other border-related crimes. 
(7) The United States shares 5,525 miles of 
border with Canada and 1,989 miles with Mexico. 
Many of the local law enforcement agencies located 
along the border are small, rural departments 
charged with patrolling large areas of land. Counties 
along the Southwest United States-Mexico border 
are some of the poorest in the country and lack the 
financial resources to cover the additional costs asso-
ciated with illegal immigration, drug trafficking, and 
other border-related crimes. 
(8) Federal assistance is required to help local 
law enforcement operating along the border address 
the unique challenges that arise as a result of their 
proximity to an international border and the lack of 
overall border security in the region. 
SEC. 153. BORDER RELIEF GRANT PROGRAM. 
(a) IN GENERAL.—From amounts made available 
under section 154, the Secretary of Homeland Security 
may make grants to— 
(1) sheriffs’ offices of counties any part of 
which is within 25 miles of the southern border of 
the United States; and 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(2) police departments serving a city, town, or 
other political subdivision in a county any part of 
which is within 25 miles of the southern border of 
the United States (including tribal police depart-
ments serving a community any part of which is 
within 25 miles of such border). 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Grant funds received under 
subsection (a) may be used for the following: 
(A) To conduct law enforcement operations 
in order to enforce criminal laws, prevent and 
punish criminal activity, and protect the lives, 
property, and security of the people within the 
jurisdiction of the grant recipient. 
(B) To transfer aliens detained or in the 
custody of the grant recipient who are not law-
fully present in the United States to appro-
priate Federal law enforcement officials. 
(C) To enforce State and Federal laws re-
lating to controlled substance trafficking and 
enforce other State and Federal criminal laws. 
(2) PAYMENT OF COSTS.—Use of funds under 
paragraph (1) shall include payment for costs of— 
(A) hiring, equipping, training, and other-
wise controlling the operations and deployment 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
of, law enforcement officials engaged in duties 
described in paragraph (1), as well as the costs 
of paying overtime to such officials; and 
(B) detaining, housing, and transporting 
aliens who are not lawfully present in the 
United States, and who are taken into custody 
by the grant recipient, until the aliens are 
transferred to appropriate Federal law enforce-
ment officials. 
(3) DETENTION
FACILITIES.—In accordance 
with paragraph (2)(B), grant funds received under 
subsection (a) may be used for the construction, 
maintenance, and operation of detention facilities to 
detain aliens who are unlawfully present in the 
United States, except that not more than 20 percent 
of such funds may be used for the construction or 
renovation of detention or similar facilities. 
(c) APPLICATION.— 
(1) IN GENERAL.—Each eligible law enforce-
ment agency seeking a grant under this section shall 
submit an application to the Secretary of Homeland 
Security at such time, in such manner, and accom-
panied by such information as the Secretary of 
Homeland Security may reasonably require. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(2) CONTENTS.—Each application submitted 
pursuant to paragraph (1) shall— 
(A) describe the activities for which assist-
ance under this section is sought; and 
(B) provide such additional assurances as 
the Secretary of Homeland Security determines 
to be essential to ensure compliance with the re-
quirements of this section. 
SEC. 154. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security to carry out this Act 
$200,000,000 for fiscal year 2008 and each succeeding 
fiscal year. 
SEC. 155. REGULATIONS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
issue regulations to carry out this Act. 
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) 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
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-
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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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; 
and 
(C) LARGE
EMPLOYERS.—An employer 
that employs more than 250 individuals in the 
United States. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
(A) 2 YEARS FOR EMPLOYERS OF 100 OR 
MORE.—Entities that employ 100 or more indi-
viduals 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) 3 YEARS FOR EMPLOYERS WITH 30 OR 
MORE EMPLOYEES.—All entities that employ 30 
or more individuals in the United States must 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
satisfy the requirement in paragraph (1) by not 
later than three years after the date of the en-
actment of this Act. 
(C) 4 YEARS FOR ALL EMPLOYERS.—All 
entities that employ one or more individuals in 
the United States must satisfy the requirement 
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. 
(5) DEFENSE.—An employer who has complied 
with the requirements in paragraphs (1) and (4) 
shall not be liable for hiring an unauthorized 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. 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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 
(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. 
SEC. 202. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES. 
(a) NOTIFICATION OF MISMATCHED NAME AND SO-
CIAL SECURITY NUMBER.—The Commissioner of Social 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
Security shall notify on an annual basis each United 
States employer with one or more employees whose social 
security account number does not match the employees 
name or date of birth in the Commissioners records. Such 
notification shall instruct employers to notify listed em-
ployees that they have 10 business days to correct the mis-
match with the Social Security Administration or the em-
ployer will be required to terminate their employment. The 
notification also shall inform employers that they may not 
terminate listed employees prior to the close of the 10- 
day period. 
(b) 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 se-
curity account number. Such notice shall include, at a 
minimum, the name and location of each employer and 
shall direct the individual to contact the Social Security 
Administration to submit proof that the individual is the 
person to whom the social security account number was 
issued and, if applicable, to submit, either in person or 
via electronic transmission, a pay stub or other docu-
mentation showing that such individual is employed by 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
both or all employers reporting earnings to that social se-
curity account number. 
(c) INFORMATION SHARING WITH THE DEPARTMENT 
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 unresolved mismatch 
notifications and 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. 
SEC. 203. 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: 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(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. 
SEC. 204. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
MATION RETURNS. 
Section 6721 of the Internal Revenue Code of 1986 
(26 U.S.C. 6721) is amended by adding at the end the 
following: 
‘‘(f) The Secretary shall assess the maximum allow-
able penalties on 100 percent of the employers designated 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
in any tax year by the Social Security Administration as 
the most egregious noncompliant employers. 
‘‘(g) Notwithstanding any other provision in this sec-
tion, in the case of a failure described in subsection (a)(2) 
with respect to any person employing an alien not author-
ized to be so employed, the penalty under this section shall 
be determined in accordance with the following table: 
In the case of— 
Not less than— 
Not more than— 
The first offense .............
$2,500 ............................
$5,000
The second offense .........
$7,500 ............................
$10,000
The third offense ............
$25,000 ..........................
$40,000.’’. 
SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be required to carry out this subtitle. 
Subtitle B—Nondeductibility of 
Wages Paid to Unauthorized Aliens 
SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAU-
THORIZED ALIENS MAY NOT BE DEDUCTED 
FROM GROSS INCOME. 
(a) IN GENERAL.—Subsection (c) of section 162 of 
the Internal Revenue Code of 1986 (relating to illegal 
bribes, kickbacks, and other payments) is amended by 
adding at the end the following new paragraph: 
‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU-
THORIZED ALIENS.— 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
‘‘(A) IN GENERAL.—No deduction shall be 
allowed under subsection (a) for any wage paid 
to or on behalf of an unauthorized alien, as de-
fined under section 274A(h)(3) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3)). 
‘‘(B) WAGES.—For the purposes of this 
paragraph, the term ‘wages’ means all remu-
neration for employment, including the cash 
value of all remuneration (including benefits) 
paid in any medium other than cash. 
‘‘(C) SAFE HARBOR.—If a person or other 
entity is participating in the basic pilot program 
described in section 403 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note) and obtains con-
firmation of identity and employment eligibility 
in compliance with the terms and conditions of 
the program with respect to the hiring (or re-
cruitment or referral) of an employee, subpara-
graph (A) shall not apply with respect to wages 
paid to such employee.’’. 
(b) 6-YEAR LIMITATION ON ASSESSMENT AND COL-
LECTION.—Subsection (c) of section 6501 of such Code 
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
(relating to exceptions) is amended by adding at the end 
the following new paragraph: 
‘‘(11) DEDUCTION CLAIMED FOR WAGES PAID 
TO UNAUTHORIZED ALIENS.—In the case of a return 
of tax on which a deduction is shown in violation of 
section 162(c)(4), any tax under chapter 1 may be 
assessed, or a proceeding in court for the collection 
of such tax may be begun without assessment, at 
any time within 6 years after the return was filed.’’. 
(c) USE OF DOCUMENTATION FOR ENFORCEMENT 
PURPOSES.—Section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a) is amended— 
(1) in subparagraph (b)(5), by inserting ‘‘, sec-
tion 162(c)(4) of the Internal Revenue Code of 
1986,’’ after ‘‘enforcement of this Act’’; 
(2) in subparagraph (d)(2)(F), by inserting ‘‘, 
section 162(c)(4) of the Internal Revenue Code of 
1986,’’ after ‘‘enforcement of this Act’’; and 
(3) in subparagraph (d)(2)(G), by inserting 
‘‘section 162(c)(4) of the Internal Revenue Code of 
1986 or’’ after ‘‘or enforcement of’’. 
(d) AVAILABILITY OF INFORMATION.—The Commis-
sioner of Social Security and the Secretary of the Depart-
ment of Homeland Security shall make available to the 
Commissioner of Internal Revenue any information re-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS
lated to the investigation and enforcement of section 
162(c)(4) of the Internal Revenue Code of 1986, including 
any no-match letter and any information in the earnings 
suspense file. 
(e) EFFECTIVE DATE.— 
(1) Except as provided in paragraph (2), this 
Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act. 
(2) The amendments made by subsections (a) 
and (b) shall apply to taxable years beginning after 
December 31, 2007. 
TITLE 
III—ENHANCING 
AND 
FULLY UTILIZING CURRENT 
METHODS OF INTERIOR EN-
FORCEMENT 
SEC. 301. INCREASE INVESTIGATIVE EFFORTS. 
(a) FEDERAL AGENTS.—An increase of personnel 
and resources will be needed to successfully enforce U.S. 
immigration laws and punish those who violate them. To 
this end, sufficient funds are authorized to be appro-
priated to employ 1,150 additional Immigration and Cus-
toms Enforcement Agents. 
(b) CRIMINAL ALIEN PROGRAM (CAP).—An addi-
tional 140 CAP officers are authorized to identify and re-
VerDate Aug 31 2005 
21:35 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4088.IH
H4088
mstockstill on PROD1PC66 with BILLS