Text: S.1505 — 111th Congress (2009-2010)All Bill Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in Senate (07/23/2009)


111th CONGRESS
1st Session
S. 1505

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


IN THE SENATE OF THE UNITED STATES
July 23, 2009

Mr. Pryor (for himself, Ms. Landrieu, Mr. Vitter, and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

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

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.

Sec. 2. Definitions.

Sec. 101. Manpower.

Sec. 102. Technology.

Sec. 103. Infrastructure.

Sec. 104. Aerial vehicles and surveillance systems.

Sec. 111. National strategy to secure the borders.

Sec. 112. Accountable financing of a secure border initiative.

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.

Sec. 131. Definitions.

Sec. 132. Expansion of commerce security programs.

Sec. 141. Alien smuggling and terrorism prevention.

Sec. 142. Border security on certain Federal land.

Sec. 201. Mandatory employment authorization verification.

Sec. 202. Monitoring and compliance.

Sec. 203. Mandatory notification of Social Security account number 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.

Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income.

Sec. 301. Increase investigative efforts.

Sec. 302. Increased oversight of agents.

Sec. 303. Border relief grant program.

Sec. 304. Rewards program.

Sec. 305. Increased detention facilities for aliens apprehended for illegal entry.

Sec. 306. Additional Immigration judgeships and law clerks.

Sec. 307. Media campaign.

SEC. 2. Definitions.

In this Act:

(1) DEPARTMENT.—Except as otherwise provided, the term “Department” means the Department of Homeland Security.

(2) SECRETARY.—Except as otherwise provided, the term “Secretary” means the Secretary of Homeland Security.

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, 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.—There is authorized to be appropriated for each of fiscal years 2010 through 2014 such funds as may be necessary to carry out this section.”.

(b) Investigative personnel.—

(1) ADDITIONAL INVESTIGATIVE PERSONNEL FOR ALIEN SMUGGLING.—In addition to the positions authorized under section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subsection (a), 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 the availability of appropriations, the fiscal year 2010 budget of the Tunnel Task Force, a joint force comprised of United States Immigration and Customs Enforcement, United States Customs and Border Protection, and the Drug Enforcement Administration personnel tasked to pinpoint tunnels that are utilized by drug lords and smugglers known as “coyotes” to smuggle narcotics, illegal aliens, and weapons, shall be increased by 50 percent above the fiscal year 2007 budget for such Task Force. Such increase shall be used to increase personnel, improve communication and coordination among agencies participating in such Task Force, upgrade technology, and offer cash rewards and appropriate security to individuals who provide such Task Force with accurate information on existing tunnels that breach the international borders of the United States.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for each of the fiscal years 2010 through 2014 such funds as may be necessary 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 members of a Reserve component of the Armed Forces or former members of the Armed Forces or National Guard to serve in United States Customs and Border Protection or United States Immigration and Customs Enforcement.

(2) 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 who is otherwise eligible for benefits under this section and 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.—The Secretary 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 of members of a Reserve component of the Armed Forces or former members of the Armed Forces or National Guard in the Department.

(3) REPORT ON OTHER RECRUITMENT INCENTIVES.—

(A) REQUIREMENT.—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 on the desirability and feasibility of offering an incentive to a member of a Reserve component of the Armed Forces or a former member of the Armed Forces or National Guard for the purpose of encouraging such member to serve in United States Customs and Border Patrol or United States Immigration and Customs Enforcement.

(B) CONTENT.—The report required by subparagraph (A) shall include—

(i) a description of various monetary and nonmonetary incentives considered for purposes of the report; and

(ii) an assessment of the desirability and feasibility of utilizing any such incentive.

(4) DEFINITION.—In this subsection, the term “appropriate committees of Congress” means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.

SEC. 102. Technology.

(a) Equipment Sharing between the Department and the Department of Defense.—The Secretary and the Secretary of Defense 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) 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) among all appropriate law enforcement agencies of the Department and of State, local, and tribal law enforcement.

(c) Other technology upgrades.—The Secretary shall purchase and implement new technology to secure the international borders of the United States, including drones, infrared cameras, sensors, mobile lighting units, radar, and infrared heat.

(d) Report.—Not later than 6 months after the date of enactment of this Act, and annually thereafter, 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.

(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary for each of the fiscal years 2010 through 2014 such funds as may be necessary to carry out this section.

SEC. 103. Infrastructure.

(a) Infrastructure improvements.—

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall construct or purchase—

(A) office facilities to accommodate additional border patrol personnel;

(B) sport utility vehicles for officers of the border patrol;

(C) 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);

(D) additional fencing, including aesthetic fencing for use in business districts, in urban areas along the international borders of the United States; and

(E) vehicle barriers, to support, but not replace, personnel, in rural and remote areas of such a border necessary to achieve operational control of the international borders of the United States.

(2) CONSIDERATIONS FOR ROAD PURCHASE OR CONSTRUCTION.—The Secretary shall ensure that any construction or purchase of a road referred to in paragraph (1)(C)—

(A) is carried out in consultation with the owner of the land on which the road will be constructed or purchased from; and

(B) takes into account any environmental or other land use issues that are relevant to such construction or purchase.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Secretary for each of the fiscal years 2010 through 2014 such funds as may be necessary 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(d), 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) 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 such border.

(2) ASSESSMENT AND CONSULTATION REQUIREMENTS.—In developing the program under this subsection, the Secretary shall—

(A) consider available 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.

(d) Integrated and Automated Surveillance Program.—

(1) REQUIREMENT FOR PROGRAM.—Subject to the availability of appropriations, the Secretary shall establish the Integrated and Automated Surveillance 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 such 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 such Program;

(F) future remote surveillance technology investments and upgrades for such program may be integrated with existing systems;

(G) performance measures are developed and applied that can evaluate whether such 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 such Program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure;

(I) standards are developed under such 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 such Program to identify and deploy temporary 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 such Program and 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 TO THE SECRETARY.—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.

(e) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated to the Secretary—

(A) for each of the fiscal years 2010 and 2011, such sums as maybe be necessary to carry out subsection (b);

(B) such sums as may be necessary to carry out subsection (c); and

(C) such sums as may be necessary to carry out subsection (d).

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations in paragraph (1)(A) are authorized to remain available until expended.

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 international borders of the United States 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 required by subsection (a) 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 United States citizens living in the border region and Federal, State, and local 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 such strategy, including—

(A) a prioritization of security measures;

(B) realistic deadlines for addressing the security and enforcement needs;

(C) an estimate of the resources needed to carry out such measures; and

(D) a description of the manner in which resources should be allocated.

(c) Consultation.—In developing the national strategy required by subsection (a), 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 required by subsection (a) 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 required by subsection (a).

(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) CONTRACT REVIEWS.—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, or to another appropriate official of the Department, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make such 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 to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives a report 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 to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report 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 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.

SEC. 121. Deployment of border patrol agents.

(a) Emergency deployment of border patrol agents.—

(1) IN GENERAL.—If the Governor of a State along 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 law.

(b) Flexible deployment of 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 assets.—The Secretary shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, water craft, 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 United States Immigration and Customs Enforcement to ensure that appropriate types and quantities of helicopters are procured for the various missions being performed by such entities.

(2) POWER BOATS.—The Secretary shall increase the number of power boats under the control of the border patrol to 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 of the border patrol.

(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 personnel of United States 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—

(1) every border patrol agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by such agent; and

(2) sufficient body armor is purchased to cover every such agent in the field.

(b) Weapons.—The Secretary shall ensure that—

(1) border patrol 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;

(2) that the policies of the Department authorize all such agents to carry weapons that are suited to the potential threats faced by such agents; and

(3) each such agent receives appropriate training in the use of such weapons.

(c) Uniforms.—The Secretary shall ensure that—

(1) each border patrol agent is provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agent; and

(2) such items shall be replaced at no cost to such agent 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.

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 Americas Counter Smuggling Initiative established by the United States Customs and Border Protection.

(B) The Business Anti-Smuggling Coalition alliance established by the United States Customs and Border Protection.

(C) The Carrier Initiative Program established by the United States Customs and Border Protection.

(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 carried out by the United States Customs and Border Protection.

(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.

SEC. 141. Alien smuggling and terrorism prevention.

(a) Checks against terrorist watchlist.—Personnel of the Department shall check against all available terrorist watchlists those alien smugglers 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 striking the subsection heading and inserting “Smuggling of Unlawful and Terrorist Aliens.—”;

(2) in striking paragraph (1) and inserting the following:

“(1) BRINGING IN AND HARBORING ALIENS.—

“(A) IN GENERAL.—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 alien;

“(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) ENTRY OTHER THAN AT A PORT OF ENTRY.—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 other than as designated by the Secretary of Homeland Security, regardless of whether such alien 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 alien, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

“(C) PENALTIES.—A violator of this paragraph shall, for each alien in respect to whom such a violation occurs—

“(i) unless the offense is otherwise described in another clause of this subparagraph, be fined under title 18, United States Code or imprisoned not more than 5 years, or both;

“(ii) if the offense involved 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 (iii) through (vii), be fined under title 18, United States Code or imprisoned not more than 1 year, or both;

“(iii) if the offense is a violation of clause (ii), (iii), or (iv) of paragraph (1)(A) 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;

“(iv) 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;

“(v) 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;

“(vi) if the offense involved 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;

“(vii) if the offense involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as described 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 imprisoned by any term of years or for life, fined under title 18, United States Code, or both; and

“(viii) if the offense results in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, United States Code, or both.”; and

(3) by striking paragraph (2) and inserting the following:

“(2) JURISDICTION; OFFENSES ON THE HIGH SEAS; DEFINITIONS.—

“(A) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial jurisdiction over the offenses described in paragraph (1).

“(B) OFFENSE ON THE HIGH SEAS.—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) of this subparagraph is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore.

“(C) DEFINITIONS.—In this paragraph and in paragraph (1):

“(i) LAWFUL AUTHORITY.—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.

“(ii) UNITED STATES.—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.”.

(c) Maritime law enforcement.—

(1) PENALTIES.—Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:

“(b)(1) Whoever intentionally violates this section shall, unless the offense is described in paragraph (2), be fined under this title or imprisoned for not more than 5 years, or both.

“(2) If the offense—

“(A) is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling) (8 U.S.C. 1324); 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), the offender shall be fined under this title or imprisoned for not more than 10 years, or both;

“(B) results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, the offender shall be fined under this title, imprisoned not more than 15 years, or both; or

“(C) results in death or involves kidnaping, 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) 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 subsection, 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 subsection, the Sentencing Commission, shall—

(A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in paragraph (1) of this subsection 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 subsection 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 date of 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) 1 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 employed immediately before the date of the enactment of this Act.

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 (division C of Public Law 104–208; 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 program.—

(1) IN GENERAL.—

(A) REQUIREMENT FOR EMPLOYERS.—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 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) (referred to in this subtitle as the “E-Verify program”), that each such individual is authorized to work in the United States.

(B) REQUIREMENT FOR TELEPHONE VERIFICATION.—The Secretary establish a toll-free telephone system that an employer may use to verify employment eligibility through the E-Verify program.

(2) INITIAL ENTITIES REQUIRED TO USE E-VERIFY.—The following entities shall satisfy the requirement in paragraph (1)(A) not later than two years 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) SCHEDULE FOR OTHER ENTITIES.—

(A) THREE YEARS FOR EMPLOYERS OF 100 OR MORE.—Entities that employ 100 or more individuals in the United States shall satisfy the requirement in paragraph (1)(A) not later than three years after the date of the enactment of this Act.

(B) FOUR 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)(A) not later than four years after the date of the enactment of this Act.

(C) FIVE YEARS FOR ALL EMPLOYERS.—All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1)(A) not later than five 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 five years after the date of the enactment of this Act that each employee of such person or other entity is authorized to work in the United States.

(5) DEFENSES.—

(A) COMPLIANCE WITH SECTION 274A OF THE IMMIGRATION AND NATIONALITY ACT.—In accordance with section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)), a person or other 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.

(B) COMPLIANCE WITH THE E-VERIFY PROGRAM.—A person or other entity that has complied with the requirements in paragraphs (1) and (4) shall not be liable for hiring an alien who is not eligible for employment in the United States, if—

(i) such hiring occurred due to an error in the E-Verify program that was unknown to the person or other entity at the time of such hiring; and

(ii) the person or other entity terminates the employment of such alien upon being informed of the error referred to in clause (i).

(6) SANCTIONS FOR NONCOMPLIANCE.—The failure of a person or other entity to comply with the requirements in paragraphs (1) or (4) shall—

(A) be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(B)), with respect to each offense; and

(B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A) of such Act.

(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 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 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 or current employees.

(9) STUDY.—

(A) FINDINGS.—The Congress makes the following findings:

(i) A majority of tentative non-confirmations that are issued by the E-Verify program occur due to incorrect or outdated information in the databases utilized by the E-Verify program.

(ii) Such incorrect or outdated information includes instances in which an individual has changed his or her name legally but has not updated his or her Social Security information to account for that change that results in the individual receiving a tentative non-confirmation of his or her eligibility for employment through the E-Verify program.

(iii) The E-Verify program 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.

(iv) Providing an individual the ability to verify his or her own employment eligibility in advance of an official query of the E-Verify program by an employer would allow that individual to correct data errors at his or her convenience and may also serve to lessen peak demand on Social Security Administration field offices.

(B) GAO STUDY ON SELF-VERIFICATION OF E-VERIFY PROGRAM.—Not later than six months after the date of the enactment of this Act, the Comptroller General of the United States shall—

(i) 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 under the E-Verify program; and

(ii) publish the results of the study required by clause (i).

(C) GAO STUDY ON COMBATING DOCUMENT FRAUD, THEFT, AND FORGERY.—Not later than six months after the date of the enactment of this Act, the Comptroller General of the United States shall—

(i) conduct a study to examine methods to combat document fraud, theft, and forgery in the use and expansion of the E-Verify program; and

(ii) publish the results of the study required by clause (i), including any recommendations of the Comptroller to the appropriate agencies on methods to reduce instances of document fraud, theft, and forgery related to the E-Verify program.

SEC. 202. Monitoring and compliance.

(a) Enhancing Monitoring and Compliance of E-Verify.—The Secretary is authorized to take the following actions to increase the capability and effectiveness of the E-Verify Employer Monitoring and Compliance team within United States Citizenship and Immigration Services:

(1) Increase by no more than 6 the number of full-time 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 Program for Employment Verification Memorandum of Understanding.

(2) Increase as necessary the number of full-time employees dedicated to outreach to employers using the E-Verify program and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers. Such 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 the E-Verify program.

(4) Establish procedures for the sharing of information on these selected cases with United States Immigration and Customs Enforcement for further investigation, as necessary.

(b) Requirement for report.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities of the Office of Monitoring and Compliance that includes—

(1) a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the Office;

(2) the number and type of cases flagged by the Office and issued to United States Immigration and Customs Enforcement, as well as the outcome of these cases; and

(3) an assessment of the number and the nature of calls received by the toll-free compliance assistance call center.

SEC. 203. Mandatory notification of Social Security account number mismatches and multiple uses.

(a) Notification of multiple uses of individual social security account 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. Such notice shall—

(1) include the name and location of each such employer;

(2) inform the individual that inaccuracies in employment information may indicate that the individual's Social Security account number is being fraudulently used by another individual;

(3) explain any potential risk that an individual is subject to if the individual's Social Security account number has been or is being used by another individual; and

(4) provide a telephone number that an individual may call to report inaccuracies in the use of the individual's Social Security account number.

(b) Information sharing.—

(1) REQUIREMENT TO PROVIDE INFORMATION.—Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall promulgate regulations in accordance with section 1106 of the Social Security Act (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 on a timely basis. Such information shall include the name and mailing address of each individual who is—

(A) the subject of an unresolved mismatch notification; or

(B) an unauthorized user of another individual’s Social Security account number.

(2) ANNUAL REPORT.—Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to Congress on the information shared with the Secretary by the Commissioner of Social Security pursuant to paragraph (1) regarding unauthorized users of a Social Security account number and the actions that have been taken to resolve such unauthorized use.

SEC. 204. Establishment of electronic birth and death registration systems.

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 in foreign countries.

(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 requesters 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.

(a) In general.—Section 6721 of the Internal Revenue Code of 1986 (relating to failure to file correct information returns) is amended by adding at the end the following new subsection:

“(f) Information returns relating to employment of unauthorized aliens.—

“(1) ENFORCEMENT EFFORT.—The Secretary shall assess the maximum allowable penalties under this section on 100 percent of the employers designated in any taxable year by the Social Security Administration as the most egregious noncompliant taxpayers employing unauthorized aliens.

“(2) PENALTY IN CASE OF EMPLOYMENT OF UNAUTHORIZED ALIENS.—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.””

(b) Effective date.—The amendment made by this section shall apply to returns the due date for which (determined without to extensions) is after the date of the enactment of this Act.

SEC. 206. Authorization of appropriations.

There are authorized to be appropriated such sums as may be required to carry out this subtitle.

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 the Internal Revenue Code of 1986 (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.—The Commissioner of Social Security and the Secretary shall make available to the Commissioner of Internal Revenue any information related to the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986, including any no-match letter and any information in the earnings suspense file.

(e) Effective dates.—

(1) Except as provided in paragraph (2), this section and the amendments made by this section 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 the date of the enactment of this Act.

SEC. 301. Increase investigative efforts.

(a) Federal agents.—The Secretary shall provide for an additional 1,150 agents for United States Immigration and Customs Enforcement to enforce United States immigration laws and punish those who violate them.

(b) Criminal alien program.—The Secretary shall provide for an additional 140 officers for the criminal alien program who 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 shall provide for the training of not less than 250 State or local law enforcement officers in Federal immigration law enforcement procedures.

SEC. 302. Increased oversight of agents.

To ensure the ability of United States Immigration and Customs Enforcement and United States Customs and Border Patrol to enforce integrity and ethical behavior throughout their expanded ranks, the Secretary shall increase by not less than eight the number of special agents available to the Office of Professional Responsibility of the United States Immigration and Customs Enforcement.

SEC. 303. Border relief grant program.

(a) In general.—The Secretary is authorized to make grants to—

(1) sheriffs’ offices of counties any part of which is within 25 miles of the southern international 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 international border of the United States, including police departments of Indian tribes serving a community any part of which is within 25 miles of such border.

(b) Use of funds.—Grant funds received under subsection (a) may be used for the following:

(1) 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.

(2) 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.

(3) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws.

(4) To pay 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), (2), or (3), or 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.

(5) To construct, maintain, or operate 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 entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(2) CONTENTS.—Each application submitted pursuant to paragraph (1) shall—

(A) describe the activities for which a grant under this section is sought; and

(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.

(d) Regulations.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out this section.

(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for fiscal year 2010 and each succeeding fiscal year.

SEC. 304. Rewards program.

Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by adding at the end the following:

“(f) Rewards program.—

“(1) IN GENERAL.—There is established within 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.—

“(A) IN GENERAL.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

“(B) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations in subparagraph (A) are authorized to 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 Secretary 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. 305. Increased detention facilities for aliens apprehended for illegal entry.

(a) In general.—The Secretary shall construct or make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials.

(b) Use of existing facilities.—In carrying out subsection (a), the Secretary shall carry out efforts 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 for detaining aliens;

(2) utilize State and local facilities for the provision of the additional beds required by subsection (a); and

(3) utilize Base Realignment and Closure facilities or active duty facilities for detaining aliens.

(c) Construction.—If the Secretary is unable to meet the requirement of subsection (a) using existing facilities as described in subsection (b), the Secretary shall construct the facilities necessary to meet such requirement.

(d) Responsibilities.—The Secretary shall be responsible for providing humane conditions, health care, nutrition, and psychological services, as well as education for minors, for aliens detained by the United States.

(e) Authorization.—There is authorized to be appropriated such funds as may be necessary to carry out this section.

SEC. 306. Additional Immigration judgeships and law clerks.

(a) Judgeships.—Not later than 6 months after the date of the enactment of this Act, the Attorney General shall create and fill 20 additional positions for immigration judges.

(b) Clerkships.—The Attorney General shall ensure that there is not fewer than one law clerk dedicated to assisting every two immigration judges.

SEC. 307. Media campaign.

(a) In general.—The Secretary of Labor and the Secretary shall develop strategies to inform the public of changes in immigration policies created pursuant to this Act.

(b) Notification of changes to employment verification process.—The Secretary of Labor shall employ, at the Secretary of Labor's discretion, a combination of multilingual print, television, Internet, and radio media to notify employers of changes to the employment verification process. Such notifications may encourage compliance with this Act and explain penalties for noncompliance with this Act or the amendments made by this Act.

(c) Multilingual media campaign.—The Secretary shall develop a multilingual media campaign explaining the provisions of this Act and the amendments made by this Act, the schedule for implementation of such provisions and amendments, and the penalties for noncompliance with such provisions and amendments. Such campaign may be targeted toward undocumented aliens and 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 or obtaining an authorization for employment in the United States.

(d) Cooperation with other governments.—The Secretary shall make all reasonable attempts to cooperate with the governments of the foreign countries from which large numbers of undocumented aliens originate in carrying out this section.