[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3308 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3308

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

                             July 23, 2009

Mr. Shuler (for himself, Mr. Altmire, Mr. Arcuri, Mr. Barrow, Ms. Bean, 
Mr. Bishop of Georgia, Mr. Boucher, Mr. Davis of Alabama, Mr. Gordon of 
   Tennessee, Mr. Hill, Mr. Kagen, Mr. Kanjorski, Mr. Marshall, Mr. 
  McIntyre, Mr. Melancon, Mr. Patrick J. Murphy of Pennsylvania, Mr. 
 Space, Mr. Stupak, Mr. Taylor, Mr. Visclosky, Mr. Childers, Mr. Boyd, 
   Mr. Nye, Mr. Kissell, Mr. Kratovil, Mr. Griffith, Mr. Bright, Mr. 
    Minnick, Mr. Donnelly of Indiana, Mr. Ross, Mr. Ellsworth, Mr. 
Rodriguez, Mr. Carney, Mr. Barrett of South Carolina, Mr. Boozman, Mr. 
    Brady of Texas, Ms. Ginny Brown-Waite of Florida, Mr. Burton of 
Indiana, Mr. Buyer, Mr. Campbell, Mr. Coble, Mr. Conaway, Mr. Crenshaw, 
Mr. Duncan, Mr. Franks of Arizona, Mr. Gingrey of Georgia, Mr. King of 
 Iowa, Mr. Linder, Mr. McCaul, Mr. Gary G. Miller of California, Mrs. 
  Myrick, Mr. Poe of Texas, Mr. Rohrabacher, Mr. Roskam, Mr. Young of 
Alaska, Mr. Young of Florida, Mr. Roe of Tennessee, Mr. McClintock, Mr. 
   Culberson, Mr. Olson, Mr. Whitfield, Mr. Tiahrt, Mr. Lamborn, Mr. 
Hunter, Mr. Bilbray, Mr. McHenry, Mr. Royce, Mr. Gallegly, Mr. Davis of 
  Kentucky, Mr. Goodlatte, Mr. Graves, Mr. Manzullo, Mr. Luetkemeyer, 
 Mrs. Capito, Mr. Moran of Kansas, and Mr. Deal of Georgia) introduced 
  the following bill; which was referred to the Committee on Homeland 
Security, and in addition to the Committees on the Judiciary, Ways and 
  Means, Education and Labor, Oversight and Government 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

_______________________________________________________________________

                                 A BILL


 
To provide immigration reform by securing America's borders, clarifying 
    and enforcing existing laws, and enabling a practical employer 
                         verification program.

    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 ``Secure America 
Through Verification and Enforcement Act of 2009'' or as the ``SAVE Act 
of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--SECURING AMERICA'S INTERNATIONAL BORDERS

   Subtitle A--Manpower, Technology, and Infrastructure Improvements

Sec. 101. Manpower.
Sec. 102. Technology.
Sec. 103. Infrastructure.
Sec. 104. Aerial vehicles and surveillance systems.
  Subtitle B--Strategies and Progress Reports for Securing America's 
                                Borders

Sec. 111. National strategy to secure the borders.
Sec. 112. Accountable financing of a secure border initiative.
                  Subtitle C--Rapid Response Measures

Sec. 121. Deployment of border patrol agents.
Sec. 122. Border patrol major assets.
Sec. 123. Electronic equipment.
Sec. 124. Personal equipment.
Sec. 125. Authorization of appropriations.
     Subtitle D--Border Infrastructure and Technology Modernization

Sec. 131. Definitions.
Sec. 132. Expansion of commerce security programs.
             Subtitle E--Other Border Security Initiatives

Sec. 141. Alien smuggling and terrorism prevention.
Sec. 142. Border security on certain Federal land.
                  TITLE II--ENDING UNLAWFUL EMPLOYMENT

                   Subtitle A--Employee Verification

Sec. 201. Mandatory employment authorization verification.
Sec. 202. Monitoring and compliance.
Sec. 203. Mandatory notification of SSN mismatches and multiple uses.
Sec. 204. Establishment of electronic birth and death registration 
                            systems.
Sec. 205. Penalty for failure to file correct information returns.
Sec. 206. Authorization of appropriations.
   Subtitle B--Nondeductibility of Wages Paid to Unauthorized Aliens

Sec. 211. Clarification that wages paid to unauthorized aliens may not 
                            be deducted from gross income.
TITLE III--ENHANCING AND UTILIZING CURRENT INTERIOR ENFORCEMENT METHODS

Sec. 301. Increase investigative efforts.
Sec. 302. Increased oversight of agents.
Sec. 303. Border relief grant program.
Sec. 304. Authorization of Appropriations.
Sec. 305. Regulations.
Sec. 306. Rewards program.
Sec. 307. Increased detention facilities for aliens apprehended for 
                            illegal entry.
Sec. 308. Additional Immigration judgeships and law clerks.
Sec. 309. Media campaign.

           TITLE I--SECURING AMERICA'S INTERNATIONAL BORDERS

   Subtitle A--Manpower, Technology, and Infrastructure Improvements

SEC. 101. MANPOWER.

    (a) Border Patrol Agents.--Section 5202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
3734) is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    ``(a) Annual Increases.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations 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 preceding 
fiscal year), by--
            ``(1) 2,000 in fiscal year 2010;
            ``(2) 1,500 in fiscal year 2011;
            ``(3) 1,000 in fiscal year 2012;
            ``(4) 1,000 in fiscal year 2013; and
            ``(5) 500 in fiscal year 2014.
    ``(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 2010 through 
2014 to carry out this section.''.
    (b) Investigative Personnel.--
            (1) Additional investigative personnel for alien 
        smuggling.--In addition to the positions authorized under 
        section 5203 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004, as amended by paragraph (1), during 
        each of the fiscal years 2010 through 2014, the Secretary 
        shall, subject to the availability of appropriations, increase 
        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 appropriations, the fiscal year 2010 budget 
        of the Tunnel Task Force, a joint force comprised of 
        Immigration and Customs Enforcement (ICE), Customs and Border 
        Patrol (CBP), and Drug Enforcement Administration (DEA) 
        personnel tasked to pinpoint tunnels that are utilized by drug 
        lords and ``coyotes'' to smuggle narcotics, illegal aliens, and 
        weapons, shall be increased by 50 percent above the fiscal year 
        2007 budget. Such increase shall be used to increase personnel, 
        improve communication and coordination between participant 
        agencies, upgrade technology, and offer cash rewards and 
        appropriate security to individuals who provide the Tunnel Task 
        Force with accurate information on existing tunnels that breach 
        the international borders of the United States.
            (3) Authorization of appropriations.--The necessary funds 
        are authorized to be appropriated to the Secretary for each of 
        the fiscal years 2010 through 2014 to carry out this section.
    (c) Recruitment of Former Members of the Armed Forces and Members 
of Reserve Components of the Armed Forces.--
            (1) Requirement for program.--The Secretary, 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 Defense shall jointly submit to the 
        ``appropriate'' committees of Congress a report that shall 
        include an assessment of the desirability and feasibility of 
        offering an incentive to a covered member or former member of 
        the Armed Forces for the purpose of encouraging such member to 
        serve in United States Customs and Border Patrol and 
        Immigration and Customs Enforcement--
                    (A) the Secretary must provide a description of 
                various monetary and non-monetary incentives considered 
                for purposes of the report; and
                    (B) the Secretary must provide an assessment of the 
                desirability and feasibility of utilizing any such 
                incentive.
            (3) Recommendations for recruitment incentives.--
                    (A) Maximum student loan repayments 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 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'.''.
                    (B) 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.
            (4) Definition.--The term ``appropriate committees of 
        Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Homeland 
                Security of the House of Representatives; and
                    (B) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate.

SEC. 102. TECHNOLOGY.

    (a) Equipment Sharing Between Department of Homeland Security and 
Department of Defense.--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 surveillance equipment, to assist the Secretary in 
carrying out surveillance activities conducted at or near the 
international land borders of the United States to prevent illegal 
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 Department of 
        Defense equipment to assist the Secretary in carrying out 
        surveillance of the international land borders of the United 
        States and assessment of the potential risks to citizens of the 
        United States and key foreign policy interests associated with 
        the use of such equipment;
            (2) the plan developed under subsection (a) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning 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 communication capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        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 Secretary shall purchase and 
implement new technology to secure the borders, including, but not 
limited to drones, infrared cameras, sensors, mobile lighting units, 
radar and infrared heat.
    (e) Authorization of Appropriations.--The necessary funds are 
authorized to be appropriated to the Secretary for each of the fiscal 
years 2010 through 2014 to carry out this section.

SEC. 103. INFRASTRUCTURE.

    (a) Infrastructure Improvements.--Subject to the availability of 
appropriations, the Secretary shall construct 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 international borders of the United 
        States.
    (b) Authorization of Appropriations.--The necessary funds are 
authorized to be appropriated to the Secretary for each of the fiscal 
years 2010 through 2014 to carry out this section.

SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS.

    (a) Unmanned Aerial Vehicle Pilot Program.--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 
international 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 2010 and 2011 such 
        sums as may be necessary to carry out subsection (b).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in paragraph (1) are 
        authorized to remain available until expended.
    (d) Aerial Surveillance Program.--
            (1) In general.--In conjunction with the border 
        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 implement a program to fully integrate and 
        utilize aerial surveillance technologies, including unmanned 
        aerial vehicles, to enhance the security of the international 
        border between the United States and Canada 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 requirements.--In 
        developing the program under this subsection, 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 technologies considered 
                best suited to address respective 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 safety, 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 appropriated 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, satellites, radar coverage, and other 
        technologies necessary to achieve operational control of the 
        international borders of the United States and to establish a 
        security perimeter known as a ``virtual fence'' along such 
        international borders to provide a barrier to illegal 
        immigration.
            (2) Program components.--The Secretary shall ensure, to the 
        maximum extent feasible, that--
                    (A) the technologies utilized in the Integrated 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 direction 
                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 cameras is 
                able to be viewed at multiple designated communications 
                centers;
                    (E) a standard process is used to collect and 
                record, catalog, and report intrusion and response data 
                collected under the Program;
                    (F) future remote surveillance technology 
                investments and upgrades for the program can be 
                integrated with existing systems;
                    (G) performance measures are developed and applied 
                that can evaluate whether the program is providing 
                desired results and increasing response effectiveness 
                in monitoring and detecting 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 surveillance 
                technology infrastructure;
                    (I) standards are developed under the program to 
                expand the shared use of existing private and 
                governmental structures to install remote surveillance 
                technology infrastructure where possible;
                    (J) standards are developed under the program to 
                identify and deploy the use of nonpermanent or mobile 
                surveillance platforms that will increase the 
                Secretary's mobility and ability to identify illegal 
                border intrusions; and
                    (K) Border Patrol agents respond to each reported 
                intrusion that appears to involve aliens or smugglers.
            (3) Evaluation of contractors.--
                    (A) Requirement for standards.--The Secretary shall 
                develop appropriate standards to evaluate the 
                performance of any contractor providing goods or 
                services to carry out the Integrated and Automated 
                Surveillance Program.
                    (B) Review by the comptroller general 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 determine whether such contract 
                        fully complies with applicable cost 
                        requirements, performance objectives, program 
                        milestones, and schedules.
                            (ii) Reports.--The Comptroller General of 
                        the United States shall report the findings of 
                        each review carried out under clause (i) to the 
                        Secretary in a timely manner.
            (4) Authorization of appropriations.--The necessary funds 
        are authorized to be appropriated to carry out this subsection.

  Subtitle B--Strategies and Progress Reports for Securing America's 
                                Borders

SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS.

    (a) Requirement for National Strategy.--The Secretary, in 
consultation with the heads of other appropriate 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 maritime 
borders of the United States by December 31, 2013.
    (b) Content.--The national strategy to secure the borders shall 
include the following:
            (1) An assessment of the threats posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international 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 undertaken--
                    (A) to prevent the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                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 address security vulnerabilities.
            (4) An assessment of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the borders and the impact of new 
        security programs, policies, and technologies.
            (5) A description of the border security roles and missions 
        of Federal Government, State government, local government, and 
        tribal authorities, and recommendations regarding actions the 
        Secretary can carry out to improve coordination with such 
        authorities to enable border security and enforcement 
        activities to be carried out in a more efficient and effective 
        manner.
            (6) An assessment of existing efforts and technologies 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 
        victims, 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 development 
        objectives to enhance the security of the international 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 unreasonably diminished by 
        efforts, activities, and programs aimed at securing the 
        international land and maritime borders of the United States.
            (9) An assessment of additional detention facilities and 
        beds that are needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States.
            (10) A description of the performance metrics to be used to 
        ensure accountability by the bureaus of the Department in 
        implementing such strategy.
            (11) A schedule for the implementation of the security 
        measures described in said strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement 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 authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border security.
    (d) Coordination.--The national strategy for border security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than December 31, 2010, the 
        Secretary shall submit to Congress the national strategy for 
        border security.
            (2) Updates.--The Secretary shall submit to Congress any 
        update of such strategy that the Secretary 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 responsibility 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 conduct or wrongdoing in 
        the course of conducting a contract review under the Secure 
        Border Initiative, the Comptroller General of the United States 
        shall, as expeditiously as practicable, refer information 
        relating to such improper conduct or wrongdoing to Congress and 
        to the Secretary of Homeland Security, or to another 
        appropriate official of the Department 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 review described 
        in paragraph (1), the Comptroller General of the United States 
        shall submit to Congress and to the Secretary a report 
        containing the findings of the review, including findings 
        regarding--
                    (A) cost overruns;
                    (B) significant delays in contract execution;
                    (C) lack of rigorous departmental contract 
                management;
                    (D) insufficient departmental financial oversight;
                    (E) bundling that limits the ability of small 
                businesses to compete; or
                    (F) other high-risk business practices.
    (b) Reports by the Secretary.--
            (1) In general.--Not later than 30 days after the receipt 
        of each report required under subsection (a)(2), the Secretary 
        shall submit a report to the Committee on the Judiciary and the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on the Judiciary and the Committee on 
        Homeland Security and Governmental Affairs of the Senate, that 
        describes the steps the Secretary 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 
        Judiciary of the Senate and the Committee on the Judiciary 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 proposed purchase of a contract to 
manage the operations of a United States port by a foreign entity, the 
Secretary of Homeland Security shall submit a report to Congress that 
describes--
            (1) the proposed purchase;
            (2) any security concerns related to the proposed 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 declares 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 request to the extent that 
        providing such agents will not significantly impair the 
        Department's ability to provide border security for any other 
        State.
            (3) Collective bargaining.--Emergency deployments under 
        this subsection shall be made in accordance 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 apprehending violators of law, except in unusual 
circumstances if the temporary use of fixed deployment positions is 
necessary.

SEC. 122. BORDER PATROL MAJOR ASSETS.

    (a) Control of Department of Homeland Security Assets.--The 
Department of Homeland Security shall have 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.
    (b) Helicopters and Power Boats.--
            (1) Helicopters.--The Secretary shall increase the number 
        of helicopters under the control of the Border Patrol and 
        Immigration and Customs Enforcement (ICE). The Secretary shall 
        ensure that appropriate types and quantities of helicopters are 
        procured for the various missions being performed.
            (2) Power boats.--The Secretary shall increase 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 operating procedures 
                and rescue operations.
    (c) Motor Vehicles.--
            (1) Quantity.--The Secretary shall establish a fleet of 
        motor vehicles appropriate for use by the Border Patrol that 
        will permit a ratio of not less than 1 police-type vehicle for 
        every 4 agents with safety glass and other protections. The 
        Secretary shall ensure that there are sufficient numbers and 
        types of other motor vehicles to support the mission of the 
        Border Patrol.
            (2) Features.--All motor vehicles purchased for the Border 
        Patrol shall--
                    (A) be appropriate for the mission of the Border 
                Patrol; and
                    (B) have a panic button and a global positioning 
                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 ensure 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 otherwise suited to the unique operational requirements 
of the Border Patrol.
    (b) Radio Equipment.--The Secretary shall augment 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 location of agents in distress.
    (c) Handheld Global Positioning System Devices.--The Secretary 
shall ensure that Border Patrol agents are issued a state-of-the-art 
handheld global positioning 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 device.

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 innocent third parties from the threats posed 
by armed criminals. The Secretary shall ensure that the policies of the 
Department authorize all agents to carry weapons that are suited to the 
potential threats that they face, and that all agents receive 
appropriate training in the use of such weapons.
    (c) Uniforms.--The Secretary shall ensure that all agents are 
provided with all necessary uniform items, 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 such items become worn or unserviceable or no 
longer fit properly.

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for each of the fiscal years 2010 through 2014 to 
carry out this subtitle.

     Subtitle D--Border Infrastructure and Technology Modernization

SEC. 131. DEFINITIONS.

    In this subtitle:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of United States Customs and Border Protection.
            (2) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (3) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.

SEC. 132. EXPANSION OF COMMERCE SECURITY PROGRAMS.

    (a) Customs-Trade Partnership Against Terrorism.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commissioner, in consultation with 
        the Secretary, shall develop a plan to expand the programs of 
        the Customs-Trade Partnership Against Terrorism established 
        pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961), 
        including adding additional personnel for such programs, along 
        the northern border and southern border, including the 
        following programs:
                    (A) The Business Anti-Smuggling Coalition.
                    (B) The Carrier Initiative Program.
                    (C) The Americas Counter Smuggling Initiative.
                    (D) The Container Security Initiative established 
                pursuant to section 205 of the SAFE Port Act (6 U.S.C. 
                945).
                    (E) The Free and Secure Trade Initiative.
                    (F) Other industry partnership programs 
                administered by the Commissioner.
    (b) Demonstration Program.--Not later than 180 days after the date 
of enactment of this Act, the Commissioner shall establish a 
demonstration program to develop a cooperative trade security system to 
improve supply chain security.

             Subtitle E--Other Border Security Initiatives

SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVENTION.

    (a) Checks Against Terrorist Watchlist.--The Secretary of Homeland 
Security shall, to the extent practicable, check against all available 
terrorist watchlists those persons suspected of alien smuggling and 
smuggled individuals who are interdicted at the land, air, and sea 
borders of the United States.
    (b) Strengthening Prosecution and Punishment of Alien Smugglers.--
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``Bringing In, Harboring, and Smuggling of Unlawful and 
        Terrorist Aliens.--'';
            (2) by amending paragraphs (1) through (2) to read as 
        follows:
    ``(1)(A) Whoever, knowing or in reckless disregard of the fact that 
an individual is an alien who lacks lawful authority to come to, enter, 
or reside in the United States, knowingly--
            ``(i) brings that individual to the United States in any 
        manner whatsoever regardless of any future official action 
        which may be taken with respect to such individual;
            ``(ii) recruits, encourages, or induces that individual to 
        come to, enter, or reside in the United States;
            ``(iii) transports or moves that individual in the United 
        States, in furtherance of their unlawful presence; or
            ``(iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including any 
        building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in 
subparagraph (C).
    ``(B) Whoever, knowing that an individual is an alien, brings that 
individual to the United States in any manner whatsoever at a place, 
other than a designated port of entry or place designated by the 
Secretary of Homeland Security, regardless of whether such individual 
has received prior official authorization to come to, enter, or reside 
in the United States and regardless of any future official action which 
may be taken with respect to such individual, or attempts or conspires 
to do so, shall be punished as provided in subparagraph (C).
    ``(C) Whoever commits an offense under this paragraph shall, for 
each individual in respect to whom such a violation occurs--
            ``(i) if the offense results in the death of any person, be 
        fined under title 18, United States Code, and subject to the 
        penalty of death or imprisonment for any term of years or for 
        life;
            ``(ii) if the offense involves kidnapping, an attempt to 
        kidnap, the conduct required for aggravated sexual abuse (as 
        defined in section 2241 of title 18, United States Code, 
        without regard to where it takes place), or an attempt to 
        commit such abuse, or an attempt to kill, be fined under title 
        18, United States Code, or imprisoned for any term of years or 
        life, or both;
            ``(iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 212(a)(3)(B)), be 
        fined under title 18, United States Code, or imprisoned not 
        more than 30 years, or both;
            ``(iv) if the offense results in serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) or 
        places in jeopardy the life of any person, be fined under title 
        18, United States Code, or imprisoned not more than 20 years, 
        or both;
            ``(v) if the offense is a violation of paragraph (1)(A)(i) 
        and was committed for the purpose of profit, commercial 
        advantage, or private financial gain, or if the offense was 
        committed with the intent or reason to believe that the 
        individual unlawfully brought into the United States will 
        commit an offense against the United States or any State that 
        is punishable by imprisonment for more than 1 year, be fined 
        under title 18, United States Code, and imprisoned, in the case 
        of a first or second violation, not less than 3 nor more than 
        10 years, and for any other violation, not less than 5 nor more 
        than 15 years;
            ``(vi) if the offense is a violation of paragraphs 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
        committed for the purpose of profit, commercial advantage, or 
        private financial gain, be fined under title 18, United States 
        Code, or imprisoned not more than 10 years, or both;
            ``(vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, grandparent, or 
        niece or nephew, and the offense is not described in any of 
        clauses (i) through (vi), be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both; and
            ``(viii) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than 5 years, or both.
    ``(2)(A) There is extraterritorial jurisdiction over the offenses 
described in paragraph (1).
    ``(B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or 
(a)(1)(B), that occurs on the high seas, no defense based on necessity 
can be raised unless the defendant--
            ``(i) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity, and if a rescue is claimed, 
        the name, description, registry number, and location of the 
        vessel engaging in the rescue; and
            ``(ii) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien into the land 
        territory of the United States without lawful authority, unless 
        exigent circumstances existed that placed the life of that 
        alien in danger, in which case the reporting requirement set 
        forth in clause (i) is satisfied by notifying the Coast Guard 
        as soon as practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
    ``(C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces an 
alien to come to or enter the United States), for a religious 
denomination having a bona fide nonprofit, religious organization in 
the United States, or the agents or officer of such denomination or 
organization, to encourage, invite, call, allow, or enable an alien who 
is present in the 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 compensated as an employee, notwithstanding 
the provision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary has been a 
member of the denomination for at least one year.
    ``(D) For purposes of this paragraph and paragraph (1)--
            ``(i) the term `United States' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
            ``(ii) the term `lawful authority' means permission, 
        authorization, or waiver that is expressly 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 obtained in violation 
        of law or authority that has been sought but not approved.''.
    (c) Maritime Law Enforcement.--
            (1) Penalties.--Subsection (b) of section 2237 of title 18, 
        United States Code, is amended to read as follows:
    ``(b) Whoever intentionally violates this section shall--
            ``(1) if the offense results in death or involves 
        kidnapping, an attempt to kidnap, the conduct required for 
        aggravated sexual abuse (as defined in section 2241 without 
        regard to where it takes place), or an attempt to commit such 
        abuse, or an attempt to kill, be fined under such title or 
        imprisoned for any term of years or life, or both;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365 of this title) or transportation under 
        inhumane conditions, be fined under this title, imprisoned not 
        more than 15 years, or both;
            ``(3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 117 
        (transportation for illegal sexual activity) of this title; 
        chapter 705 (maritime drug law enforcement) of title 46, or 
        title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 
        220), be fined under this title or imprisoned for not more than 
        10 years, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
            (2) Limitation on necessity defense.--Section 2237(c) of 
        title 18, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) by adding at the end the following:
    ``(2) In a prosecution for a violation of this section, no defense 
based on necessity can be raised unless the defendant--
            ``(A) as soon as practicable upon reaching shore, delivered 
        the person with respect to which the necessity arose to 
        emergency medical or law enforcement personnel;
            ``(B) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity resulting giving rise to the 
        defense; and
            ``(C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as that term 
        is defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory 
        of the United States without lawful authority, unless exigent 
        circumstances 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 enforcement personnel ashore.''.
            (3) Definition.--Section 2237(e) of title 18, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (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 
        excess of the rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are being 
        transported.''.
    (d) Amendment to the Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994 of title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission shall 
        review and, if appropriate, amend the sentencing guidelines and 
        policy statements applicable to persons convicted of alien 
        smuggling offenses and criminal failure to heave to or 
        obstruction of boarding.
            (2) Considerations.--In carrying out this section, the 
        Sentencing Commission, shall--
                    (A) consider providing sentencing enhancements or 
                stiffening existing enhancements for those convicted of 
                offenses described in subsection (a) that--
                            (i) involve a pattern of continued and 
                        flagrant violations;
                            (ii) are part of an ongoing commercial 
                        organization or enterprise;
                            (iii) involve aliens who were transported 
                        in groups of 10 or more;
                            (iv) involve the transportation or 
                        abandonment of aliens in a manner that 
                        endangered their lives; or
                            (v) involve the facilitation of terrorist 
                        activity; and
                    (B) consider cross-references to the guidelines for 
                Criminal Sexual Abuse and Attempted Murder.
            (3) Expedited procedures.--The Commission may promulgate 
        the guidelines or amendments under this section in accordance 
        with the procedures set forth in section 21(a) of the 
        Sentencing Act of 1987, as though the authority under that Act 
        had not expired.

SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Protected land.--The term ``protected land'' means land 
        under the jurisdiction of the Secretary concerned.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
    (b) Border Protection Strategy.--The Secretary, 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 Agriculture.
    (c) Additional Uniformed Law Enforcement Officers and Special 
Agents of the Department of the Interior.--There are authorized to be 
appropriated 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 employed immediately before the 
enactment of this Act, such sums as may be necessary for--
            (1) 22 such officers of the United States Fish and Wildlife 
        Service, including--
                    (A) 4 for California;
                    (B) 9 for Arizona;
                    (C) 2 for New Mexico; and
                    (D) 7 for Texas;
            (2) 2 such agents of the United States Fish and Wildlife 
        Service, for Texas;
            (3) 22 such officers of the National Park Service, 
        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 Management, 
        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 Affairs, for 
        Texas.
    (d) Additional Special Assistant United States Attorney.--There are 
authorized to be appropriated to the Attorney General such sums as may 
be necessary to increase by 1 the number of special assistant United 
States attorneys in the district of Arizona dedicated 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.

                  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 Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is amended by adding before the period at the end of 
the last sentence the following ``, except that the basic pilot program 
described in section 403(a) shall be a permanent program''.
    (b) Mandatory Use of E-Verify System.--
            (1) In general.--Subject to paragraphs (2) and (3), every 
        person or other entity that hires one or more individuals for 
        employment in the United States shall verify through the E-
        Verify program, established as the basic pilot program by 
        section 403(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public 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 
        telephone line is an available option in complying with the 
        preceding sentence.
            (2) Select entities required to use e-verify program 
        immediately.--The following entities must satisfy the 
        requirement in paragraph (1) by not later than one year after 
        the date of the enactment of this Act:
                    (A) Federal agencies.--Each department and agency 
                of the Federal Government.
                    (B) Federal contractors.--A contractor 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 exempted 
                        from the application of such Act by section 6 
                        of such Act (41 U.S.C. 356), and any 
                        subcontractor under such contract.
                    (C) Large employers.--An employer that employs more 
                than 250 individuals in the United States.
            (3) Phasing-in for other employers.--
                    (A) Two years for employers of 100 or more.--
                Entities that employ 100 or more individuals in the 
                United States must satisfy the requirement in paragraph 
                (1) by not later than two years after the date of the 
                enactment of this Act.
                    (B) Three years for employers with 30 or more 
                employees.--All entities that employ 30 or more 
                individuals in the United States must satisfy the 
                requirement in paragraph (1) by not later than three 
                years after the date of the enactment of this Act.
                    (C) Four years for all employers.--All entities 
                that employ one or more individuals in the United 
                States must satisfy the 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 program by not later than four years after the date of 
        the enactment of this Act that each employee is authorized to 
        work in the United States.
            (5) Defense.--In accordance with section 274A(a)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)), a 
        person or entity that establishes that it has complied in good 
        faith with the requirements of section 274A(b) of such Act with 
        respect to the hiring, recruiting, or referral for employment 
        of an alien in the United States has established an affirmative 
        defense that the person or entity has not violated section 
        274A(a)(1)(A) of such Act with respect to such hiring, 
        recruiting or referral. Furthermore an employer who has 
        complied with the requirements in paragraphs (1) and (4) of 
        this Act 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 employment of the 
                alien upon being informed of the error.
            (6) Sanctions for noncompliance.--The failure of an 
        employer to comply with the requirements 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 preventing a person or other entity that is not 
        immediately subject to the requirement of paragraph (1) 
        pursuant to paragraph (2) or (3) from voluntarily using the E-
        Verify program to verify the employment authorization of new 
        hires or current employees.
            (8) State interference.--No State may prohibit a person or 
        other entity from using the E-verify program to verify the 
        employment authorization of new hires or current employees.
            (9) E-verify study.--
                    (A) Findings.--The Congress finds as follows:
                            (i) A majority of the 0.4 percent of 
                        tentative non-confirmations that are issued 
                        within E-Verify to work authorized individuals 
                        occur due to incorrect or outdated information 
                        in the databases utilized by the system. For 
                        instance, an individual may have changed his or 
                        her name legally but has not updated their 
                        Social Security information to account for this 
                        change. This person would likely receive a 
                        tentative non-confirmation if their work 
                        eligibility were checked using E-Verify.
                            (ii) E-Verify already provides employers 
                        and employees with simple and clear 
                        instructions on how inconsistencies in data can 
                        be corrected in order to verify the work 
                        eligibility of an employee. However, giving an 
                        individual the ability to verify his or her own 
                        employment eligibility in advance of an 
                        official E-Verify query by an employer would 
                        allow that individual to correct data errors at 
                        his or her convenience. This may also serve to 
                        lessen peak demand on Social Security 
                        Administration field offices.
                    (B) Study.--The Government Accountability Office 
                shall conduct a study to examine the potential of a 
                secure method of allowing individuals to check their 
                own work eligibility, so that they can address 
                inconsistencies in their personal data that might 
                otherwise cause them to be issued a tentative non-
                confirmation by E-Verify. The study shall be published 
                within 6 months after the date of enactment of this 
                Act.
            (10) Document fraud study.--The Government Accountability 
        Office shall conduct a study to examine methods to combat 
        document fraud, theft and forgery in the use and expansion of 
        the E-Verify program. The report shall make recommendations to 
        the appropriate agencies on ways to reduce instances of 
        document fraud, theft and forgery. The report shall be 
        published within six months after enactment of this Act.

SEC. 202. MONITORING AND COMPLIANCE.

    (a) Enhancing Monitoring and Compliance of E-Verify.--The Secretary 
of the Department of Homeland Security is authorized take the following 
actions to increase the capability and effectiveness of the E-Verify 
employer Monitoring and Compliance team within Citizenship and 
Immigration Services:
            (1) Increase by no more than 6 the number of fulltime 
        employees dedicated to the development of thresholds and 
        algorithms and quality assurance procedures for the monitoring 
        of employer adherence to the conditions that are currently 
        outlined in the E-Verify Memorandum of Understanding.
            (2) Increase as necessary the number of fulltime employees 
        dedicated to outreach to employers using E-Verify and the 
        creation of informational tools and corrective action 
        procedures that will provide compliance assistance to these 
        employers. These employees may also be utilized in the 
        operation of the toll free compliance assistance call center.
            (3) Establish procedures for the identification of cases of 
        potential fraud or misuse of E-Verify.
            (4) Establish procedures for the sharing of information on 
        these selected cases with Immigration and Customs Enforcement 
        for further investigation as necessary.
            (5) Report to Congress within one year of the date of 
        enactment of this Act on the activities of the Office of 
        Monitoring and Compliance which shall include--
                    (A) a description of the types of fraud and misuse 
                being detected by the thresholds and algorithms used 
                for employee monitoring within the Office;
                    (B) the number and type of cases flagged by the 
                Office and referred to Immigration and Customs 
                Enforcement, as well as the outcome of these cases; and
                    (C) an assessment of the number and the nature of 
                calls received by the compliance assistance call 
                center.

SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES.

    (a) Notification of Multiple Uses of Individual 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 employers are 
being reported under the individual's Social Security account number 
(SSN). Such notice shall include, at a minimum--
            (1) the name and location of each employer reporting 
        benefits for an individual;
            (2) a warning that any inaccuracies in this information 
        could indicate that the individual's SSN is being fraudulently 
        used by another individual;
            (3) an explanation of any potential risk that an individual 
        is subject to if his or her SSN has been used or is being used 
        by someone else; and
            (4) an SSA telephone number that an individual may call to 
        report inaccuracies in the use of their SSN.
    (b) 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 
        multiple use notifications that lead to the identification of 
        an unauthorized 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 unauthorized users of another 
        individual's Social Security account number. The names and 
        addresses of the employers of these employees must also be 
        provided
            (3) The Secretary shall report to Congress annually the 
        number of cases that the Commissioner of Social Security has 
        shared with the Department of Homeland Security regarding 
        unauthorized users of a Social Security number and the actions 
        that have been taken to resolve these cases. The first report 
        shall be presented to Congress 1 year after the passage of this 
        Act.

SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    (a) In consultation with the Secretary of Health and Human Services 
and the Commissioner of Social Security, the Secretary shall take the 
following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of State 
        to improve registration, notification, 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 establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected 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 report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

SEC. 205. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION 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 allowable penalties on 
100 percent of the employers designated in any tax year by the Social 
Security Administration as the most egregious noncompliant employers.
    ``(g) Notwithstanding any other provision in this section, in the 
case of a failure described in subsection (a)(2) with respect to any 
person employing an alien not authorized 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. 206. 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 UNAUTHORIZED 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 unauthorized aliens.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for any wage paid to or on behalf 
                of an unauthorized alien, as defined under section 
                274A(h)(3) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(h)(3)).
                    ``(B) Wages.--For the purposes of this paragraph, 
                the term wages means all remuneration 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 Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note) and obtains confirmation of identity and 
                employment eligibility in compliance with the terms and 
                conditions of the program with respect to the hiring 
                (or recruitment or referral) of an employee, 
                subparagraph (A) shall not apply with respect to wages 
                paid to such employee.''.
    (b) Six-Year Limitation on Assessment and Collection.--Subsection 
(c) of section 6501 of such Code (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 Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subparagraph (b)(5), by inserting ``, section 
        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.--
            (1) In general.--The Commissioner of Social Security, the 
        Secretary of the Department of Homeland Security, and the 
        Secretary of the Treasury, shall jointly establish a program to 
        share information among such agencies that may or could lead to 
        the identification of unauthorized aliens (as defined under 
        section 274A(h)(3) of the Immigration and Nationality Act), 
        including any no-match letter, any information in the earnings 
        suspense file, and any information in the investigation and 
        enforcement of section 162(c)(4) of the Internal Revenue Code 
        of 1986.
            (2) Disclosure by secretary of the treasury.--
                    (A) In general.--Subsection (i) of section 6103 of 
                the Internal Revenue Code of 1986 is amended by adding 
                at the end the following new paragraph:
            ``(9) Payment of wages to unauthorized aliens.--Upon 
        request from the Commissioner of the Social Security 
        Administration or the Secretary of the Department of Homeland 
        Security, the Secretary shall disclose to officers and 
        employees of such Administration or Department--
                    ``(A) taxpayer identity information of employers 
                who paid wages with respect to which a deduction was 
                not allowed by reason of section 162(c)(4), and
                    ``(B) taxpayer identity information of individuals 
                to whom such wages were paid, for purposes of carrying 
                out any enforcement activities of such Administration 
                or Department with respect to such employers or 
                individuals.''.
                    (B) Recordkeeping.--Paragraph (4) of section 
                6103(p) of such Code is amended--
                            (i) by striking ``(5), or (7)'' in the 
                        matter preceding subparagraph (A) and inserting 
                        ``(5), (7), or (9)'', and
                            (ii) by striking ``(5) or (7)'' in 
                        subparagraph (F)(ii) and inserting ``(5), (7), 
                        or (9)''.
    (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 UTILIZING CURRENT INTERIOR ENFORCEMENT METHODS

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 
appropriated to employ 1,150 additional Immigration and Customs 
Enforcement Agents.
    (b) Criminal Alien Program (CAP).--An additional 140 CAP officers 
are authorized to identify and remove criminal aliens encountered in 
Federal, State, and local detention facilities.
    (c) State and Local Law Enforcement Support.--The Secretary of 
Homeland Security shall take necessary steps to allow for the training 
of a minimum of 250 State and local law enforcement officers in Federal 
immigration law enforcement procedure. This would be an expansion of an 
already active and successful program.

SEC. 302. INCREASED OVERSIGHT OF AGENTS.

    To ensure the ability of Immigration and Customs Enforcement (ICE) 
and Customs and Border Patrol (CBP) to enforce integrity and ethical 
behavior throughout their expanded ranks, the Secretary of Homeland 
Security shall add no fewer than 8 Special Agents to the Office of 
Professional Responsibility.

SEC. 303. BORDER RELIEF GRANT PROGRAM.

    (a) In General.--From amounts made available under section 304, 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
            (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 departments 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 lawfully present in 
                the United States to appropriate Federal law 
                enforcement officials.
                    (C) To enforce State and Federal laws relating 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 otherwise 
                controlling the operations and deployment 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 
                enforcement 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 enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary of Homeland Security at such time, in such 
        manner, and accompanied by such information as the Secretary of 
        Homeland Security may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                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 requirements of 
                this section.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security to carry out this Section $200,000,000 for fiscal 
year 2010 and each succeeding fiscal year.

SEC. 305. REGULATIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall issue regulations to carry out 
this Act.

SEC. 306. 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.
                    ``(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.
            ``(9) Publicity.--The Department of Homeland Security shall 
        be responsible for developing and implementing an advertising 
        strategy to make known the rewards described within this 
        section in order to solicit informants.''.

SEC. 307. INCREASED DETENTION FACILITIES FOR ALIENS APPREHENDED FOR 
              ILLEGAL ENTRY.

    (a) In General.--The Secretary of Homeland Security shall make 
arrangements for the availability of 8,000 additional beds for 
detaining aliens taken into custody by immigration officials.
    (b) Implementation.--Efforts shall be made to--
            (1) contract private facilities whenever possible to 
        promote efficient use and to limit the Federal Government's 
        maintenance of and liability for additional infrastructure;
            (2) utilize State and local facilities for the provision of 
        additional beds; and
            (3) utilize BRAC facilities or active duty facilities.
    (c) Construction.--The Department of Homeland Security shall 
construct facilities as necessary to meet the remainder of the 8,000 
new beds to be provided.
    (d) Responsibilities.--The Secretary of Homeland Security shall be 
responsible for providing humane conditions, health care, nutrition, 
and psychological services, as well as education for minors.
    (e) Authorization.--All funds necessary to accomplish the 
directives within this section are authorized to be appropriated.

SEC. 308. ADDITIONAL IMMIGRATION JUDGESHIPS AND LAW CLERKS.

    (a) Judgeships.--The Attorney General shall create and fill twenty 
additional Immigration Judgeships within 6 months after the date of 
enactment of this Act.
    (b) Clerkships.--The Attorney General shall also ensure that for 
every two Immigration Judges there shall be no fewer than one law clerk 
dedicated to assisting Immigration Judges.

SEC. 309. MEDIA CAMPAIGN.

    (a) In General.--The Secretary of Labor and the Secretary of 
Homeland Security shall develop strategies to inform the public of 
changes in immigration policies created by provisions in this 
legislation.
    (b) Notification of Changes to Employment Verification Process.--
The Secretary of Labor shall employ, at his or her discretion, a 
combination of multilingual print, television, Internet, and radio 
media to notify employers of changes to the employment verification 
process. Announcements should encourage compliance with new legislation 
and should explain penalties for noncompliance with provisions within 
this Act.
    (c) Multilingual Media Campaign.--The Secretary of Homeland 
Security shall also develop a multilingual media campaign explaining 
the extent of this legislation, the timelines therein, and the 
penalties for noncompliance with this Act. Announcements should be 
targeted toward undocumented aliens and should emphasize--
            (1) provisions in this Act that enhance border security and 
        interior enforcement;
            (2) punishment for apprehension and forced removal of 
        undocumented aliens; and
            (3) legal methods of reentering the United States, 
        including temporary work visas.
    (d) Cooperation With Other Governments.--The Secretary of Homeland 
Security shall make all reasonable attempts to cooperate with the 
governments of the countries from which the largest number of 
undocumented aliens originate in the implementation of this media 
campaign.
                                 <all>