Text: S.1505 — 111th Congress (2009-2010)

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Introduced in Senate (07/23/2009)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 1505 Introduced in Senate (IS)]

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.
           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 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.
   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 FULLY UTILIZING METHODS OF INTERIOR 
                              ENFORCEMENT

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.

           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, 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.

  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 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.

                  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 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.

     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 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.

             Subtitle E--Other Border Security Initiatives

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.

                  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 
(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.

   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 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.

     TITLE III--ENHANCING AND FULLY UTILIZING METHODS OF INTERIOR 
                              ENFORCEMENT

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.
                                 <all>