I 111th CONGRESS 2d Session H. R. 5836 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.

1.

Short title

This Act may be cited as the Border Security and Employee Verification Improvement Act of 2010.

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.

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.

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.

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))).