H.R. 3308 — SAVE Act of 2009

[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.
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SAVE Act of 2009

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