[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4044 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4044

 To provide for more efficient and effective protection of the borders 
                         of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
   Committees on Government Reform and Judiciary, 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

_______________________________________________________________________

                                 A BILL


 
 To provide for more efficient and effective protection of the borders 
                         of the United States.

    Be it enacted by the Senate and House of Representatives 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 ``Rapid Response 
Border Protection Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                    TITLE I--RAPID RESPONSE MEASURES

Sec. 101. Emergency deployment of United States Border Patrol agents.
Sec. 102. Elimination of fixed deployment of United States Border 
                            Patrol agents.
Sec. 103. Helicopters and power boats.
Sec. 104. Control of United States United States Border Patrol assets.
Sec. 105. Motor vehicles.
Sec. 106. Portable computers.
Sec. 107. Radio communications.
Sec. 108. Hand-held global positioning system devices.
Sec. 109. Night vision equipment.
Sec. 110. Border armor.
Sec. 111. Weapons.
Sec. 112. Uniforms.
                  TITLE II--DETENTION PENDING REMOVAL

Sec. 201. Detention facilities for aliens arrested for illegal entry.
  TITLE III--RECRUITMENT AND RETENTION OF ADDITIONAL IMMIGRATION LAW 
                         ENFORCEMENT PERSONNEL

Sec. 301. Additional United States Border Patrol agents.
Sec. 302. Provisions relating to the exercise of certain appointment 
                            and other similar authorities with respect 
                            to the United States Border Patrol.
Sec. 303. Training facilities.
Sec. 304. Operational facilities.
Sec. 305. Maximum student loan repayments for United States Border 
                            Patrol agents.
Sec. 306. Recruitment and relocation bonuses and retention allowances 
                            for personnel of the Department of Homeland 
                            Security.
Sec. 307. Repeal of the Department of Homeland Security human resources 
                            management system.
Sec. 308. Establishment of specialized inspector occupations.
Sec. 309. Increase in inspectors at airport and land border inspection 
                            stations.
Sec. 310. Law enforcement retirement coverage for inspection officers 
                            and other employees.
Sec. 311. Reestablishment of the United States Border Patrol anti-
                            smuggling unit.
Sec. 312. Establishment of specialized criminal investigator 
                            occupations.
Sec. 313. Establishment of career paths to criminal investigator 
                            positions.
Sec. 314. Additional immigration enforcement agents.
Sec. 315. Increase United States Border Patrol agent and inspector pay.
Sec. 316. Fair Labor Standards Act overtime.
   TITLE IV--ENFORCEMENT TOOLS TO DIMINISH ENTRIES USING FRAUDULENT 
                DOCUMENTS AND COMMERCIAL ALIEN SMUGGLING

Sec. 401. Foreign language training.
Sec. 402. Foreign language awards.
Sec. 403. Additional personnel for investigation of fraudulent schemes 
                            and document fraud.
Sec. 404. Establish a special task force for coordinating and 
                            distributing information on fraudulent 
                            immigration documents.
Sec. 405. New nonimmigrant visa classification to enable informants to 
                            enter the United States and remain 
                            temporarily.
Sec. 406. Adjustment of status when needed to protect informants.
Sec. 407. Rewards program.
Sec. 408. Outreach program.

                    TITLE I--RAPID RESPONSE MEASURES

SEC. 101. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

    (a) In General.--If the Governor of a State on an international 
border of the United States declares an international border security 
emergency and requests additional United States Border Patrol agents 
from the Secretary of Homeland Security, the Secretary is authorized, 
subject to subsections (b) and (c), to provide the State with up to 
1,000 additional United States Border Patrol agents for the purpose of 
patrolling and defending the international border, in order to prevent 
individuals from crossing the international border and entering the 
United States at any location other than an authorized port of entry.
    (b) Consultation.--The Secretary of Homeland Security shall consult 
with the President upon receipt of a request under subsection (a), and 
shall grant it to the extent that providing the requested assistance 
will not significantly impair the Department of Homeland Security's 
ability to provide border security for any other State.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in conformance with all collective bargaining 
agreements and obligations.

SEC. 102. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER 
              PATROL AGENTS.

    The Secretary of Homeland Security shall ensure that no United 
States Border Patrol agent is precluded from performing patrol duties 
and apprehending violators of law, except in unusual circumstances 
where the temporary use of fixed deployment positions is necessary.

SEC. 103. HELICOPTERS AND POWER BOATS.

    (a) In General.--The Secretary of Homeland Security shall increase 
by not less than 100 the number of United States Border Patrol 
helicopters, and shall increase by not less than 250 the number of 
United States Border Patrol power boats. The Secretary of Homeland 
Security shall ensure that appropriate types of helicopters are 
procured for the various missions being performed. The Secretary of 
Homeland Security also 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.
    (b) Use and Training.--The Secretary of Homeland Security shall 
establish an overall policy on how the helicopters and power boats 
described in subsection (a) will be used and implement training 
programs for the agents who use them, including safe operating 
procedures and rescue operations.

SEC. 104. CONTROL OF UNITED STATES UNITED STATES BORDER PATROL ASSETS.

    The United States Border Patrol shall have complete and exclusive 
administrative and operational control over all the assets utilized in 
carrying out its mission, including, aircraft, watercraft, vehicles, 
detention space, transportation, and all of the personnel associated 
with such assets.

SEC. 105. MOTOR VEHICLES.

    The Secretary of Homeland Security shall establish a fleet of motor 
vehicles appropriate for use by the United States Border Patrol that 
will permit a ratio of at least one police-type vehicle per every 3 
United States Border Patrol agents. Additionally, the Secretary of 
Homeland Security shall ensure that there are sufficient numbers and 
types of other motor vehicles to support the mission of the United 
States Border Patrol. All vehicles will be chosen on the basis of 
appropriateness for use by the United States Border Patrol, and each 
vehicle shall have a ``panic button'' and a global positioning system 
device that is activated solely in emergency situations for the purpose 
of tracking the location of an agent in distress. The police-type 
vehicles shall be replaced at least every 3 years.

SEC. 106. PORTABLE COMPUTERS.

    The Secretary of Homeland Security shall ensure that each police-
type motor vehicle in the fleet of the United States Border Patrol is 
equipped with a portable computer with access to all necessary law 
enforcement databases and otherwise suited to the unique operational 
requirements of the United States Border Patrol.

SEC. 107. RADIO COMMUNICATIONS.

    The Secretary of Homeland Security shall augment the existing radio 
communications system so all law enforcement personnel working in every 
area where United States Border Patrol operations are conducted have 
clear and encrypted two-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 for the purpose of tracking 
the location of the agent in distress.

SEC. 108. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

    The Secretary of Homeland Security shall ensure that each United 
States Border Patrol agent is issued a state-of-the-art hand-held 
global positioning system device for navigational purposes.

SEC. 109. NIGHT VISION EQUIPMENT.

    The Secretary of Homeland Security shall ensure that sufficient 
quantities of state-of-the-art night vision equipment are procured and 
maintained to enable each United States Border Patrol agent working 
during the hours of darkness to be equipped with a portable night 
vision device.

SEC. 110. BORDER ARMOR.

    The Secretary of Homeland Security shall ensure that every United 
States Border Patrol agent is issued high-quality body armor that is 
appropriate for the climate and risks faced by the individual officer. 
Each officer shall be allowed to select from among a variety of 
approved brands and styles. Officers shall be strongly encouraged, but 
not mandated, to wear such body armor whenever practicable. All body 
armor shall be replaced at least every 5 years.

SEC. 111. WEAPONS.

    The Secretary of Homeland Security shall ensure that United States 
Border Patrol agents are equipped with weapons that are reliable and 
effective to protect themselves, their fellow officers, and innocent 
third parties from the threats posed by armed criminals. In addition, 
the Secretary shall ensure that the Department's policies allow all 
such officers to carry weapons that are suited to the potential threats 
that they face.

SEC. 112. UNIFORMS.

    The Secretary of Homeland Security shall ensure that all United 
States Border Patrol agents are provided with all necessary uniform 
items, including 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 they become 
worn, unserviceable, or no longer fit properly.

                  TITLE II--DETENTION PENDING REMOVAL

SEC. 201. DETENTION FACILITIES FOR ALIENS ARRESTED FOR ILLEGAL ENTRY.

     The Secretary of Homeland Security shall make arrangements for the 
availability of 100,000 additional beds for detaining aliens taken into 
custody by immigration officials. Some of these beds shall be rented 
from Federal, State, and local detention facilities. The remainder of 
the 100,000 shall be constructed to meet this demand on a temporary 
basis and then converted to other use when they are no longer needed as 
detention facilities.

  TITLE III--RECRUITMENT AND RETENTION OF ADDITIONAL IMMIGRATION LAW 
                         ENFORCEMENT PERSONNEL

SEC. 301. ADDITIONAL UNITED STATES BORDER PATROL AGENTS.

    The Secretary of Homeland Security shall increase the number of 
United States Border Patrol agents by--
            (1) 2,500 in fiscal year 2006;
            (2) 2,750 in fiscal year 2007;
            (3) 3,000 in fiscal year 2008;
            (4) 3,250 in fiscal year 2009; and
            (5) 3,500 in fiscal year 2010.

SEC. 302. PROVISIONS RELATING TO THE EXERCISE OF CERTAIN APPOINTMENT 
              AND OTHER SIMILAR AUTHORITIES WITH RESPECT TO THE UNITED 
              STATES BORDER PATROL.

    (a) In General.--Notwithstanding any other provision of law--
            (1) all authority described in subsection (b) that (but for 
        this section) would otherwise be vested in the Secretary of 
        Homeland Security shall instead be vested in the head of the 
        United States Border Patrol;
            (2) an individual may not be appointed or continue to serve 
        as the head of the United States Border Patrol if, at the time 
        of appointment, such individual has not completed at least 20 
        years of service, within the competitive service (as defined by 
        section 2102 of title 5, United States Code), as a United 
        States Border Patrol agent; and
            (3) all activities described in subsection (b) shall be 
        considered inherently Governmental functions and may not be 
        carried out by any persons other than employees of the United 
        States Border Patrol.
    (b) Authorities Described.--This section applies with respect to 
any authority relating to the recruitment, selection, and appointment 
of applicants (including the conducting of any investigation necessary 
to approve or grant security clearances) for United States Border 
Patrol agents, law enforcement officers (other than United States 
Border Patrol agents), and such other positions within the United 
States Border Patrol as the head of the United States Border Patrol may 
by regulation determine.
    (c) Regulations.--The head of the United States Border Patrol shall 
by regulation identify the specific authorities, including citations to 
the relevant provisions of law, rule, or regulation, to which this 
section applies.

SEC. 303. TRAINING FACILITIES.

    The Secretary of Homeland Security shall ensure that the training 
facilities used to train newly-hired United States Border Patrol agents 
are sufficiently spacious and modern to ensure that all recruits are 
afforded the highest possible quality training, as well as reasonably 
comfortable living conditions. All dormitories shall be constructed so 
that each trainee is housed in separate quarters. Moreover, the 
Secretary shall ensure that the training sites selected contains 
adequate housing for all permanent and temporary instructors within the 
local commuting area.

SEC. 304. OPERATIONAL FACILITIES.

    The Secretary of Homeland Security shall ensure that all 
operational facilities of the United States Border Patrol are well-
equipped and sufficiently spacious and modern to enable all of the 
personnel assigned to such facilities to efficiently accomplish the 
agency's mission.

SEC. 305. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER 
              PATROL AGENTS.

    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 eligible for benefits 
under this section) who is serving as a full-time active-duty United 
States Border Patrol agent within the Department of Homeland Security--
            ``(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'.''.

SEC. 306. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES 
              FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.

    The Secretary of Homeland Security shall ensure that the authority 
to pay recruitment and relocation bonuses under section 5753 of title 
5, United States Code, the authority 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.

SEC. 307. REPEAL OF THE DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES 
              MANAGEMENT SYSTEM.

    (a) Repeal.--
            (1) In general.--Effective as of the date specified in 
        section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 
        note), chapter 97 of title 5, United States Code (as added by 
        section 841(a)(2) of such Act), section 841(b)(3) of such Act, 
        and subsections (c) and (e) of section 842 of such Act are 
        repealed.
            (2) Regulations.--Any regulations prescribed under 
        authority of chapter 97 of title 5, United States Code, are 
        void ab initio.
    (b) Nullification of Previous Exclusions.--Effective as of the date 
of the enactment of this Act, all previous determinations as to 
whether--
            (1) an agency or subdivision of the Department of Homeland 
        Security (or a predecessor agency or subdivision transferred 
        into the Department) is excluded from coverage under chapter 71 
        of title 5, United States Code,
            (2) a unit or subdivision of a unit within the Department 
        of Homeland Security (or a predecessor agency or subdivision 
        transferred into the Department) is not appropriate for 
        representation by a labor organization under such chapter, or
            (3) an employee or position within the Department of 
        Homeland Security (or a predecessor agency or subdivision 
        transferred into the Department) is within a unit that is not 
        appropriate for representation by a labor organization under 
        such chapter,
are null and void, except to the extent that such determinations were 
made in accordance with the criteria outlined in paragraph (1), (2), 
(3), (4), or (7) of section 7112(b) of such title 5.
    (c) Clerical Amendment.--The table of chapters for part III of 
title 5, United States Code, is amended by striking the item relating 
to chapter 97.

SEC. 308. ESTABLISHMENT OF SPECIALIZED INSPECTOR OCCUPATIONS.

    The Secretary of Homeland Security shall establish within the 
Bureau of Customs and Border Protection 3 distinct inspectional 
occupations: immigration, customs, and agriculture. These divisions 
shall coordinate closely with each other under the direction of a high-
level official within the Bureau, but shall report to separate 
operational chains of command.

SEC. 309. INCREASE IN INSPECTORS AT AIRPORT AND LAND BORDER INSPECTION 
              STATIONS.

    In each of the fiscal years 2007 through 2011, the Secretary of 
Homeland Security shall increase by not less than 1,000 the number of 
positions for full-time active duty immigration inspectors at airport 
and land border inspection stations within the Department of Homeland 
Security above the number of such positions for which funds were 
allotted for the preceding fiscal year.

SEC. 310. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS 
              AND OTHER EMPLOYEES.

    (a) Amendments.--
            (1) Federal employees' retirement system.--
                    (A) Paragraph (17) of section 8401 of title 5, 
                United States Code, is amended by striking ``and'' at 
                the end of subparagraph (C), and by adding at the end 
                the following:
                    ``(E) an employee (not otherwise covered by this 
                paragraph)--
                            ``(i) the duties of whose position include 
                        the investigation or apprehension of 
                        individuals suspected or convicted of offenses 
                        against the criminal laws of the United States; 
                        and
                            ``(ii) who is authorized to carry a 
                        firearm; and
                    ``(F) an employee of the Internal Revenue Service, 
                the duties of whose position are primarily the 
                collection of delinquent taxes and the securing of 
                delinquent returns;''.
                    (B) Conforming amendment.--Section 8401(17)(C) of 
                title 5, United States Code, is amended by striking 
                ``(A) and (B)'' and inserting ``(A), (B), (E), and 
                (F)''.
            (2) Civil service retirement system.--Paragraph (20) of 
        section 8331 of title 5, United States Code, is amended by 
        inserting after ``position.'' (in the matter before 
        subparagraph (A)) the following: ``For the purpose of this 
        paragraph, the employees described in the preceding provision 
        of this paragraph (in the matter before ''including``) shall be 
        considered to include an employee, not otherwise covered by 
        this paragraph, who satisfies clauses (i)-(ii) of section 
        8401(17)(E) and an employee of the Internal Revenue Service the 
        duties of whose position are as described in section 
        8401(17)(F).''.
            (3) Effective date.--Except as provided in subsection (b), 
        the amendments made by this subsection shall take effect on the 
        date of the enactment of this Act, and shall apply only in the 
        case of any individual first appointed (or seeking to be first 
        appointed) as a law enforcement officer (within the meaning of 
        those amendments) on or after such date.
    (b) Treatment of Service Performed by Incumbents.--
            (1) Law enforcement officer and service described.--
                    (A) Law enforcement officer.--Any reference to a 
                law enforcement officer described in this paragraph 
                refers to an individual who satisfies the requirements 
                of section 8331(20) or 8401(17) of title 5, United 
                States Code (relating to the definition of a law 
                enforcement officer) by virtue of the amendments made 
                by subsection (a).
                    (B) Service.--Any reference to service described in 
                this paragraph refers to service performed as a law 
                enforcement officer (as described in this paragraph).
            (2) Incumbent defined.--For purposes of this subsection, 
        the term ``incumbent'' means an individual who--
                    (A) is first appointed as a law enforcement officer 
                (as described in paragraph (1)) before the date of the 
                enactment of this Act; and
                    (B) is serving as such a law enforcement officer on 
                such date.
            (3) Treatment of service performed by incumbents.--
                    (A) In general.--Service described in paragraph (1) 
                which is performed by an incumbent on or after the date 
                of the enactment of this Act shall, for all purposes 
                (other than those to which subparagraph (B) pertains), 
                be treated as service performed as a law enforcement 
                officer (within the meaning of section 8331(20) or 
                8401(17) of title 5, United States Code, as 
                appropriate), irrespective of how such service is 
                treated under subparagraph (B).
                    (B) Retirement.--Service described in paragraph (1) 
                which is performed by an incumbent before, on, or after 
                the date of the enactment of this Act shall, for 
                purposes of subchapter III of chapter 83 and chapter 84 
                of title 5, United States Code, be treated as service 
                performed as a law enforcement officer (within the 
                meaning of such section 8331(20) or 8401(17), as 
                appropriate), but only if an appropriate written 
                election is submitted to the Office of Personnel 
                Management within 5 years after the date of the 
                enactment of this Act or before separation from 
                Government service, whichever is earlier.
            (4) Individual contributions for prior service.--
                    (A) In general.--An individual who makes an 
                election under paragraph (3)(B) may, with respect to 
                prior service performed by such individual, contribute 
                to the Civil Service Retirement and Disability Fund the 
                difference between the individual contributions that 
                were actually made for such service and the individual 
                contributions that should have been made for such 
                service if the amendments made by subsection (a) had 
                then been in effect.
                    (B) Effect of not contributing.--If no part of or 
                less than the full amount required under subparagraph 
                (A) is paid, all prior service of the incumbent shall 
                remain fully creditable as law enforcement officer 
                service, but the resulting annuity shall be reduced in 
                a manner similar to that described in section 
                8334(d)(2) of title 5, United States Code, to the 
                extent necessary to make up the amount unpaid.
                    (C) Prior service defined.--For purposes of this 
                subsection, the term ``prior service'' means, with 
                respect to any individual who makes an election under 
                paragraph (3)(B), service (described in paragraph (1)) 
                performed by such individual before the date as of 
                which appropriate retirement deductions begin to be 
                made in accordance with such election.
            (5) Government contributions for prior service.--
                    (A) In general.--If an incumbent makes an election 
                under paragraph (3)(B), the agency in or under which 
                that individual was serving at the time of any prior 
                service (referred to in paragraph (4)) shall remit to 
                the Office of Personnel Management, for deposit in the 
                Treasury of the United States to the credit of the 
                Civil Service Retirement and Disability Fund, the 
                amount required under subparagraph (B) with respect to 
                such service.
                    (B) Amount required.--The amount an agency is 
                required to remit is, with respect to any prior 
                service, the total amount of additional Government 
                contributions to the Civil Service Retirement and 
                Disability Fund (above those actually paid) that would 
                have been required if the amendments made by subsection 
                (a) had then been in effect.
                    (C) Contributions to be made ratably.--Government 
                contributions under this paragraph on behalf of an 
                incumbent shall be made by the agency ratably (on at 
                least an annual basis) over the 10-year period 
                beginning on the date referred to in paragraph (4)(C).
            (6) Exemption from mandatory separation.--Nothing in 
        section 8335(b) or 8425(b) of title 5, United States Code, 
        shall cause the involuntary separation of a law enforcement 
        officer (as described in paragraph (1)) before the end of the 
        3-year period beginning on the date of the enactment of this 
        Act.
            (7) Regulations.--The Office shall prescribe regulations to 
        carry out this section, including--
                    (A) provisions in accordance with which interest on 
                any amount under paragraph (4) or (5) shall be 
                computed, based on section 8334(e) of title 5, United 
                States Code; and
                    (B) provisions for the application of this 
                subsection in the case of--
                            (i) any individual who--
                                    (I) satisfies subparagraph (A) (but 
                                not subparagraph (B)) of paragraph (2); 
                                and
                                    (II) serves as a law enforcement 
                                officer (as described in paragraph (1)) 
                                after the date of the enactment of this 
                                Act; and
                            (ii) any individual entitled to a survivor 
                        annuity (based on the service of an incumbent, 
                        or of an individual under clause (i), who dies 
                        before making an election under paragraph 
                        (3)(B)), to the extent of any rights that would 
                        then be available to the decedent (if still 
                        living).
            (8) Rule of construction.--Nothing in this subsection shall 
        be considered to apply in the case of a reemployed annuitant.

SEC. 311. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL ANTI-
              SMUGGLING UNIT.

    The Secretary of Homeland Security shall reestablish the Anti-
Smuggling Unit within the Office of United States Border Patrol, and 
shall immediately staff such office with a minimum of 500 criminal 
investigators selected from within the ranks of the United States 
Border Patrol. Staffing levels shall be adjusted upward periodically in 
accordance with workload requirements.

SEC. 312. ESTABLISHMENT OF SPECIALIZED CRIMINAL INVESTIGATOR 
              OCCUPATIONS.

    The Secretary of Homeland Security shall establish specialized 
Criminal Investigator occupations within the Department: one for the 
investigation of violations of immigration 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 
operational chains of command.

SEC. 313. ESTABLISHMENT OF CAREER PATHS TO CRIMINAL 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 Department 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 Secretary of 
Homeland Security shall increase by not less than 500 the number of 
positions for full-time active duty immigration enforcement agents 
responsible for transporting and guarding detained aliens above the 
number of such positions for which funds were allotted for the 
preceding 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 described 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 Patrol agent or 
        immigration, customs, or agriculture inspector within the 
        Department of Homeland Security, 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 overtime hours 
worked on and after the date of the enactment of this Act by all 
employees of the Department of Homeland 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 
                DOCUMENTS 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 language 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 Department of 
        Homeland Security whose primary duties involve--
                    (A) the enforcement of the immigration laws of the 
                United States,
                    (B) the detention or transportation of violators of 
                the immigration laws of the United States, or
                    (C) both,
        shall, for purposes of such section 4523, be presumed to make 
        substantial use of a foreign language in the performance of 
        such officer's official duties.
            (2)(A) Any individual who successfully completes a foreign 
        language program as part of their agency-sponsored or agency-
        approved training shall be deemed to possess the foreign 
        language proficiency 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 accordance 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 fraudulent 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 COORDINATING AND 
              DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION 
              DOCUMENTS.

    (a) In General.--The Secretary of Homeland Security 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 distribution of fraudulent documents 
        intended to be used to enter or to remain in the United States 
        unlawfully.
            (2) Maintain that information in a comprehensive 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 reports 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 enforcement 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 
                        Attorney General determines--
                                    ``(I) is in possession of critical 
                                reliable information concerning a 
                                commercial alien smuggling organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully;
                                    ``(II) is willing to supply or has 
                                supplied such information to a Federal 
                                or State court; or
                                    ``(III) whose presence in the 
                                United States the Secretary of Homeland 
                                Security, the Secretary of State, or 
                                the Attorney General determines is 
                                essential to the success of an 
                                authorized criminal investigation, the 
                                successful prosecution of an individual 
                                involved in the commercial alien 
                                smuggling organization or enterprise, 
                                or the disruption of such organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully.'';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary 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 provided 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 determines that a 
        nonimmigrant described in clause (iii) of section 
        101(a)(15)(S), or that of any family member of such a 
        nonimmigrant who is provided nonimmigrant status pursuant to 
        such section, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.''.

SEC. 406. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT 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 paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(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 fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully, the disruption of such an 
                enterprise, or the prosecution 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, married and unmarried sons and 
        daughters, and parents of the alien if admitted under that 
        section) to that of an alien lawfully admitted for permanent 
        residence 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 
        nonimmigrant 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 determines that a person 
        whose status is adjusted under this subsection must be 
        protected, such official may take such lawful action as the 
        official considers necessary 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 discretion 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 information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to produce or sell fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully or to commit an act of 
                commercial alien smuggling involving the transportation 
                of aliens;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling 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 significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                operation to produce or sell fraudulent documents to be 
                used for entering or remaining in the United States 
                unlawfully or a commercial alien smuggling operation 
                involving the transportation 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 duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection 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 
        official considers necessary to effect such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.

SEC. 408. OUTREACH PROGRAM.

    Section 274 (8 U.S.C. 1324), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney 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 operation 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, disruption, or prosecution 
        of a commercial smuggling operation or a commercial operation 
        for making, or trafficking in, documents to be used for 
        entering or remaining in the United States unlawfully.''.
                                 <all>