SEC. 312. ESTABLISHMENT OF SPECIALIZED CRIMINAL IN-
VESTIGATOR OCCUPATIONS. 
The Secretary of Homeland Security shall establish 
specialized Criminal Investigator occupations within the 
Department: one for the investigation of violations of im-
migration laws, another for customs laws, and a third for 
agriculture laws. These divisions shall coordinate closely 
with each other under the direction of a high-level official 
within the Department, but shall report to separate oper-
ational chains of command. 
SEC. 313. ESTABLISHMENT OF CAREER PATHS TO CRIMI-
NAL INVESTIGATOR POSITIONS. 
The Secretary of Homeland Security shall ensure 
that all persons selected for criminal investigator positions 
within the Department of Homeland Security possess a 
minimum of 3 years of field experience within the Depart-
ment or its predecessor agencies in the specialized area 
of law that will be investigated. 
SEC. 
314. 
ADDITIONAL 
IMMIGRATION 
ENFORCEMENT 
AGENTS. 
In each of fiscal years 2006 through 2010, the Sec-
retary of Homeland Security shall increase by not less 
than 500 the number of positions for full-time active duty 
immigration enforcement agents responsible for trans-
porting and guarding detained aliens above the number
of such positions for which funds were allotted for the pre-
ceding fiscal year. 
SEC. 315. INCREASE UNITED STATES BORDER PATROL 
AGENT AND INSPECTOR PAY. 
(a) IN GENERAL.—Effective as of the first day of the 
first applicable pay period beginning on or after the date 
of the enactment of this Act, the rate of basic pay for 
all employees of the Department of Homeland Security de-
scribed in subsection (b) shall be increased in accordance 
with subsection (c). 
(b) EMPLOYEES DESCRIBED.—This section applies 
to any individual who, as of the date of the enactment 
of this Act— 
(1) is a journey level United States Border Pa-
trol agent or immigration, customs, or agriculture 
inspector within the Department of Homeland Secu-
rity, whose primary duties consist of enforcing the 
immigration, customs, or agriculture laws of the 
United States; 
(2) has completed at least one year of service 
as a United States Border Patrol agent or inspector 
(whether as an employee of the Department of 
Homeland Security, the Department of Justice, or 
both agencies combined); and
(3) is receiving an annual rate of basic pay for 
positions at GS–11 of the General Schedule under 
section 5332 of title 5, United States Code. 
(c) INCREASE DESCRIBED.—The basic rate of pay for 
the employees described in this subsection shall increase 
from the annual rate of basic pay for positions at GS– 
11 of the General Schedule to the annaul rate of basic 
pay for positions at GS–13 of such schedule. 
SEC. 316. FAIR LABOR STANDARDS ACT OVERTIME. 
Notwithstanding any other provisionof law, all over-
time hours worked on and after the date of the enactment 
of this Act by all employees of the Department of Home-
land Security who are at or below the second-line level of 
field supervision shall be compensated in accordance with 
the provisions of the Fair Labor Standards Act. 
TITLE 
IV—ENFORCEMENT 
TOOLS TO DIMINISH ENTRIES 
USING FRAUDULENT DOCU-
MENTS 
AND 
COMMERCIAL 
ALIEN SMUGGLING 
SEC. 401. FOREIGN LANGUAGE TRAINING. 
The Secretary of Homeland Security shall require all 
officers of the Department of Homeland Security who 
come into contact with aliens who have crossed the border 
illegally to take Spanish and other appropriate foreign lan-
guage training courses to facilitate communication with 
the aliens. 
SEC. 402. FOREIGN LANGUAGE AWARDS. 
(a) SPECIAL RULES.—The Secretary of Homeland 
Security shall apply section 4523 of title 5, United States 
Code, in conformance with the following: 
(1) Any law enforcement officer within the De-
partment of Homeland Security whose primary du-
ties involve— 
(A) the enforcement of the immigration 
laws of the United States, 
(B) the detention or transportation of vio-
lators of the immigration laws of the United 
States, or 
(C) both, 
shall, for purposes of such section 4523, be pre-
sumed to make substantial use of a foreign language 
in the performance of such officer’s official duties. 
(2)(A) Any individual who successfully com-
pletes a foreign language program as part of their 
agency-sponsored or agency-approved training shall 
be deemed to possess the foreign language pro-
ficiency necessary to qualify for an award under 
such section for so long as such individual serves as
a law enforcement officer within the Department of 
Homeland Security. 
(B) Nothing in this paragraph shall, in the case 
of any individual who does not satisfy subparagraph 
(A), prevent such individual from being allowed to 
demonstrate foreign language proficiency in accord-
ance with the criteria and procedures that would 
otherwise apply under such section. 
(3) For purposes of applying subsection (a) of 
such section 4523, substitute ‘‘equal to’’ for ‘‘up to’’. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘law enforcement officer’’ has the meaning given 
such term by section 4521 of such title 5. 
SEC. 403. ADDITIONAL PERSONNEL FOR INVESTIGATION OF 
FRAUDULENT 
SCHEMES 
AND 
DOCUMENT 
FRAUD. 
The Secretary of Homeland Security shall hire at 
least 1000 additional investigators for investigating fraud-
ulent schemes, including benefit application schemes, and 
fraudulent documents used to enter or remain in the 
United States unlawfully.
SEC. 404. ESTABLISH A SPECIAL TASK FORCE FOR COORDI-
NATING AND DISTRIBUTING INFORMATION 
ON 
FRAUDULENT 
IMMIGRATION 
DOCU-
MENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a task force (to be known as the Task 
Force on Fraudulent Immigration Documents) to carry 
out the following: 
(1) Collect information from Federal, State, 
and local law enforcement agencies, and Foreign 
governments on the production, sale, and distribu-
tion of fraudulent documents intended to be used to 
enter or to remain in the United States unlawfully. 
(2) Maintain that information in a comprehen-
sive database. 
(3) Convert the information into reports that 
will provide guidance for government officials on 
identifying fraudulent documents being used to enter 
or to remain in the United States unlawfully. 
(4) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
(b) DISTRIBUTION OF INFORMATION.—Distribute the 
reports to appropriate Federal, State, and local law en-
forcement agencies on an ongoing basis.
SEC. 405. NEW NONIMMIGRANT VISA CLASSIFICATION TO 
ENABLE 
INFORMANTS 
TO 
ENTER 
THE 
UNITED STATES AND REMAIN TEMPORARILY. 
(a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 
1101(a)(15)(S)) is amended 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) who the Secretary of Homeland 
Security, the Secretary of State, or the At-
torney General determines— 
‘‘(I) is in possession of critical re-
liable information concerning a com-
mercial alien smuggling organization 
or enterprise or a commercial oper-
ation for making or trafficking in doc-
uments to be used for entering or re-
maining in the United States unlaw-
fully; 
‘‘(II) is willing to supply or has 
supplied such information to a Fed-
eral or State court; or 
‘‘(III) whose presence in the 
United States the Secretary of Home-
land Security, the Secretary of State,
or the Attorney General determines is 
essential to the success of an author-
ized criminal investigation, the suc-
cessful prosecution of an individual in-
volved in the commercial alien smug-
gling organization or enterprise, or 
the disruption of such organization or 
enterprise or a commercial operation 
for making or trafficking in docu-
ments to be used for entering or re-
maining in the United States unlaw-
fully.’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General’’ after 
‘‘jointly’’; and 
(5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 
(ii), or (iii)’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(k) (8 U.S.C. 1184(k)) is amended 
(1) by adding at the end of paragraph (1) the 
following: ‘‘The number of aliens who may be pro-
vided a visa as nonimmigrants under section 
101(a)(15)(S)(iii) in any fiscal year may not exceed 
400.’’; and
(2) by adding at the end the following: 
‘‘(5) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a nonimmigrant described in clause (iii) 
of section 101(a)(15)(S), or that of any family mem-
ber of such a nonimmigrant who is provided non-
immigrant status pursuant to such section, must be 
protected, such official may take such lawful action 
as the official considers necessary to effect such pro-
tection.’’. 
SEC. 406. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO-
TECT INFORMANTS. 
Section 245(j) (8 U.S.C. 1255(j)) is amended— 
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) if, in the opinion of the Secretary of 
Homeland Security, the Secretary of State, or the 
Attorney General— 
‘‘(A) a nonimmigrant admitted into the 
United States under section 101(a)(15)(S)(iii)
has supplied information described in subclause 
(I) of such section; and 
‘‘(B) the provision of such information has 
substantially contributed to the success of a 
commercial alien smuggling investigation or an 
investigation of the sale or production of fraud-
ulent documents to be used for entering or re-
maining in the United States unlawfully, the 
disruption of such an enterprise, or the pros-
ecution of an individual described in subclause 
(III) of that section, 
the Secretary of Homeland Security may adjust the 
status of the alien (and the spouse, children, mar-
ried and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that 
of an alien lawfully admitted for permanent resi-
dence if the alien is not described in section 
212(a)(3)(E). 
‘‘(4) The Secretary of Homeland Security may 
adjust the status of a nonimmigrant admitted into 
the United States under section 101(a)(15)(S)(iii) 
(and the spouse, children, married and unmarried 
sons and daughters, and parents of the non-
immigrant if admitted under that section) to that of 
an alien lawfully admitted for permanent residence
on the basis of a recommendation of the Secretary 
of State or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a person whose status is adjusted under 
this subsection must be protected, such official may 
take such lawful action as the official considers nec-
essary to effect such protection.’’. 
SEC. 407. REWARDS PROGRAM. 
(a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 
1324) is amended by adding at the end the following: 
‘‘(e) REWARDS PROGRAM.— 
‘‘(1) IN GENERAL.—There is established in the 
Department of Homeland Security a program for 
the payment of rewards to carry out the purposes of 
this section. 
‘‘(2) PURPOSE.—The rewards program shall be 
designed to assist in the elimination of commercial 
operations to produce or sell fraudulent documents 
to be used for entering or remaining in the United 
States unlawfully and to assist in the investigation, 
prosecution, or disruption of a commercial alien 
smuggling operation.
‘‘(3) ADMINISTRATION.—The rewards program 
shall be administered by the Secretary of Homeland 
Security, in consultation, as appropriate, with the 
Attorney General and the Secretary of State. 
‘‘(4) REWARDS AUTHORIZED.—In the sole dis-
cretion of the Secretary of Homeland Security, such 
Secretary, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, may 
pay a reward to any individual who furnishes infor-
mation or testimony leading to— 
‘‘(A) the arrest or conviction of any indi-
vidual conspiring or attempting to produce or 
sell fraudulent documents to be used for enter-
ing or remaining in the United States unlaw-
fully or to commit an act of commercial alien 
smuggling involving the transportation of 
aliens; 
‘‘(B) the arrest or conviction of any indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act; 
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of an operation to produce or sell
fraudulent documents to be used for entering or 
remaining in the United States, or commercial 
alien smuggling operations, in whole or in sig-
nificant part; or 
‘‘(E) the identification or location of an in-
dividual who holds a key leadership position in 
an operation to produce or sell fraudulent docu-
ments to be used for entering or remaining in 
the United States unlawfully or a commercial 
alien smuggling operation involving the trans-
portation of aliens. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
Amounts appropriated under this paragraph shall 
remain available until expended. 
‘‘(6) INELIGIBILITY.—An officer or employee of 
any Federal, State, local, or foreign government 
who, while in performance of his or her official du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section for such furnishing. 
‘‘(7) PROTECTION MEASURES.—If the Secretary 
of Homeland Security, the Secretary of State, or the 
Attorney General determines that an individual who
furnishes information or testimony described in 
paragraph (4), or any spouse, child, parent, son, or 
daughter of such an individual, must be protected, 
such official may take such lawful action as the offi-
cial considers necessary to effect such protection. 
‘‘(8) LIMITATIONS AND CERTIFICATION.— 
‘‘(A) 
MAXIMUM
AMOUNT.—No 
reward 
under this subsection may exceed $100,000, ex-
cept as personally authorized by the Secretary 
of Homeland Security. 
‘‘(B) APPROVAL.—Any reward under this 
subsection exceeding $50,000 shall be person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
certified for payment by the Secretary of Home-
land Security.’’. 
SEC. 408. OUTREACH PROGRAM. 
Section 274 (8 U.S.C. 1324), as amended by sub-
section (a), is further amended by adding at the end the 
following: 
‘‘(f) OUTREACH PROGRAM.—The Secretary of Home-
land Security, in consultation, as appropriate, with the At-
torney General and the Secretary of State, shall develop
and implement an outreach program to educate the public 
in the United States and abroad about— 
‘‘(1) the penalties for— 
‘‘(A) bringing in and harboring aliens in 
violation of this section; and 
‘‘(B) participating in a commercial oper-
ation for making, or trafficking in, documents 
to be used for entering or remaining in the 
United States unlawfully; and 
‘‘(2) the financial rewards and other incentives 
available for assisting in the investigation, disrup-
tion, or prosecution of a commercial smuggling oper-
ation or a commercial operation for making, or traf-
ficking in, documents to be used for entering or re-
maining in the United States unlawfully.’’. 
Æ