[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5836 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5836
To provide for improved border security and to ensure that employers
that participate in the E-Verify Program are not subject to unjustified
penalties.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2010
Mr. Graves of Missouri introduced the following bill; which was
referred to the Committee on Homeland Security, and in addition to the
Committees on the Judiciary and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for improved border security and to ensure that employers
that participate in the E-Verify Program are not subject to unjustified
penalties.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security and Employee
Verification Improvement Act of 2010''.
SEC. 2. INCREASE IN 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 2011;
(2) 2,000 in fiscal year 2012; and
(3) 2,000 in fiscal year 2013.
(b) Allocations.--Of the Border Patrol agents specified in
subsection (a), 100 percent shall be deployed along the southern border
of the United States.
SEC. 3. INFRASTRUCTURE IMPROVEMENTS.
The Secretary of Homeland Security shall, as the case may be and
subject to the availability of appropriations for such purposes,
construct or purchase--
(1) office facilities to accommodate additional Border
Patrol agents;
(2) sport utility vehicles or all terrain vehicles for such
agents;
(3) additional fencing in urban areas of the southern
border of the United States; and
(4) vehicle barriers to support, not replace, manpower in
rural and remote areas of the southern border of the United
States to achieve operational control of such border.
SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHERN BORDER OF THE
UNITED STATES.
(a) In General.--Section 102(b)(1)(A) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
``(A) Two-layered reinforced fencing.--
``(i) In general.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct two layers of
reinforced physical fencing along not fewer
than 150 miles of the southern border of the
United States where such fencing would be most
practical and effective to deter and prevent
unlawful border crossings.
``(ii) Border patrol access road.--The two-
layered reinforced physical fencing required
under clause (i) shall be separated by a Border
Patrol access road.
``(iii) Construction deadline.--
``(I) In general.--Not later than
three years after the date of the
enactment of this subparagraph, the
Secretary of Homeland Security shall
ensure the completion of the
construction of the two-layered
reinforced fencing required under
clause (i) and the construction of the
Border Patrol access road required
under clause (ii).
``(II) Report.--If the Secretary of
Homeland Security is unable to complete
the construction of such fencing and
access road by the date specified in
subclause (I), the Secretary shall
submit to Congress a report describing
why such construction was not so
completed.
``(iv) Prohibition on preexisting fencing
to satisfy mileage requirement.--In carrying
out clause (i), the Secretary of Homeland
Security may not consider fencing along the
southern border of the United States in
existence on the date of the enactment of this
subparagraph for purposes of satisfying the
mileage requirement specified in such
clause.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report containing a plan for construction of a physical fence
along the entire southern border of the United States and including the
following information:
(1) The amount of fencing (measured in miles) necessary to
complete such plan.
(2) A timeline for completion of such plan.
(3) An identification of high-traffic areas that are
prioritized for such construction.
(4) Additional resources needed from Congress relating to
such construction.
SEC. 5. STUDY ON E-VERIFY PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall conduct a study on the E-
Verify Program established under title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
The study shall include the following:
(1) The number of employers that voluntarily participate in
the E-Verify Program.
(2) The number of employers required by law to participate
in the E-Verify Program.
(3) The number of employers that, while fully participating
in the E-Verify program, employed unauthorized aliens (as such
term is defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))).
(4) A determination by the Secretary as to the feasibility
of improving the E-Verify Program by incorporating additional
sources of information, including--
(A) the databases and resources used by United
States Immigration and Customs Enforcement in an I-9
audit;
(B) State-owned databases and information from
State documents; and
(C) information about reported lost or stolen
identities.
(5) A determination by the Secretary as to whether existing
legal protections for employers who properly participate in the
E-Verify program are sufficient to fully protect them from
civil or criminal liability for the employment of unauthorized
aliens (as such term is defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).
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