,i #aacth ,,congress #ast ,session ,h4 ,r4 #hcj ,,in ,,the ,,house ,,of ,,representatives ,february #bf1 #bjac ,mr4 ,graves of ,missouri 7for himself1 ,mr4 ,nunnelee1 ,mrs4 ,hartzler1 ,mr4 ,hall1 and ,mr4 ,rohrabacher7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on the ,judiciary1 ,ways and ,means1 ,education and the ,workforce1 ,oversight and ,government ,reform1 ,armed ,services1 ,agriculture1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide immigration reform by securing ,america's borders1 clarifying and enforcing existing laws1 and enabling a practical employer verification program4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,secure ,america ,through ,verification and ,enforcement ,act of #bjac or as the ,,save ,act of #bjac4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,securing ,america's ,international ,borders ,subtitle ,a--,manpower1 ,technology1 and ,infrastructure ,improvements ,sec4 #aja4 ,manpower4 ,sec4 #ajb4 ,technology4 ,sec4 #ajc4 ,infrastructure4 ,sec4 #ajd4 ,aerial vehicles and surveillance systems4 ,subtitle ,b--,strategies and ,progress ,reports for ,securing ,america's ,borders ,sec4 #aaa4 ,national strategy to secure the borders4 ,sec4 #aab4 ,accountable financing of a secure border initiative4 ,subtitle ,c--,rapid ,response ,measures ,sec4 #aba4 ,deployment of border patrol agents4 ,sec4 #abb4 ,border patrol major assets4 ,sec4 #abc4 ,electronic equipment4 ,sec4 #abd4 ,personal equipment4 ,sec4 #abe4 ,authorization of appropriations4 ,subtitle ,d--,border ,infrastructure and ,technology ,modernization ,sec4 #aca4 ,definitions4 ,sec4 #acb4 ,expansion of commerce security programs4 ,subtitle ,e--,other ,border ,security ,initiatives ,sec4 #ada4 ,alien smuggling and terrorism prevention4 ,sec4 #adb4 ,border security on certain ,federal land4 ,title ,,ii--,ending ,unlawful ,employment ,subtitle ,a--,employee ,verification ,sec4 #bja4 ,mandatory employment authorization verification4 ,sec4 #bjb4 ,monitoring and compliance4 ,sec4 #bjc4 ,mandatory notification of ,,ssn mismatches and multiple uses4 ,sec4 #bjd4 ,establishment of electronic birth and death registration systems4 ,sec4 #bje4 ,penalty for failure to file correct information returns4 ,sec4 #bjf4 ,authorization of appropriations4 ,subtitle ,b--,nondeductibility of ,wages ,paid to ,unauthorized ,aliens ,sec4 #baa4 ,clarification that wages paid to unauthorized aliens may not be deducted from gross income4 ,title ,,iii--,enhancing and ,utilizing ,current ,interior ,enforcement ,methods ,sec4 #cja4 ,increase investigative efforts4 ,sec4 #cjb4 ,increased oversight of agents4 ,sec4 #cjc4 ,border relief grant program4 ,sec4 #cjd4 ,authorization of appropriations4 ,sec4 #cje4 ,regulations4 ,sec4 #cjf4 ,rewards program4 ,sec4 #cjg4 ,increased detention facilities for aliens apprehended for illegal entry4 ,sec4 #cjh4 ,additional ,immigration ,judgeships and law clerks4 ,sec4 #cji4 ,media campaign4 ,i ,securing ,america's ,international ,borders ,a ,manpower1 ,technology1 and ,infrastructure ,improvements #aja4 ,manpower 7a7 ,border patrol agents ,section #ebjb of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #aah ,stat4 #cgcd7 is amended to read as follows3 #ebjb4 ,increase in full-time border patrol agents 7a7 ,annual increases ,the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations for such purpose1 increase the number of positions for full-time active-duty ,border ,patrol agents within the ,department of ,homeland ,security 7above the number of positions for which funds were appropriated for the preceding fiscal year71 by-- 7#a7 #a1ejj in fiscal year #bjad2 7#b7 #a1jjj in fiscal year #bjae2 7#c7 #a1jjj in fiscal year #bjaf2 7#d7 #a1jjj in fiscal year #bjag2 and 7#e7 #ejj in fiscal year #bjah4 7b7 ,allocations ,of the ,border ,patrol agents hired under subsection 7a71 #hj percent shall be deployed along the southern border of the ,united ,states and #bj percent shall be deployed along the northern border of the ,united ,states4 7c7 ,authorization of appropriations ,the necessary funds are authorized to be appropriated for each of fiscal years #bjad through #bjah to carry out this section4 4 7b7 ,investigative personnel 7#a7 ,additional investigative personnel for alien smuggling ,in addition to the positions authorized under section #ebjc of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd1 as amended by paragraph 7#a71 during each of the fiscal years #bjad through #bjah1 the ,secretary shall1 subject to the availability of appropriations1 increase by not less than #cej the number of positions for personnel within the ,department assigned to specifically investigate alien smuggling4 7#b7 ,additional funds and personnel for the tunnel task force ,subject to appropriations1 the fiscal year #bjad budget of the ,tunnel ,task ,force1 a joint force comprised of ,immigration and ,customs ,enforcement 7,,ice71 ,customs and ,border ,patrol 7,,cbp71 and ,drug ,enforcement ,administration 7,,dea7 personnel tasked to pinpoint tunnels that are utilized by drug lords and coyotes to smuggle narcotics1 illegal aliens1 and weapons1 shall be increased by #ej percent above the fiscal year #bjjg budget4 ,such increase shall be used to increase personnel1 improve communication and coordination between participant agencies1 upgrade technology1 and offer cash rewards and appropriate security to individuals who provide the ,tunnel ,task ,force with accurate information on existing tunnels that breach the international borders of the ,united ,states4 7#c7 ,authorization of appropriations ,the necessary funds are authorized to be appropriated to the ,secretary for each of the fiscal years #bjad through #bjah to carry out this section4 7c7 ,recruitment of former members of the armed forces and members of reserve components of the armed forces 7#a7 ,requirement for program ,the ,secretary1 in conjunction with the ,secretary of ,defense1 shall establish a program to actively recruit covered members 7a member of a reserve component of the ,armed ,forces7 or former members of the ,armed ,forces and ,national ,guard to serve in ,united ,states ,customs and ,border ,protection4 7#b7 ,report on recruitment incentives ,not later than #ij days after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,defense shall jointly submit to the appropriate committees of ,congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the ,armed ,forces for the purpose of encouraging such member to serve in ,united ,states ,customs and ,border ,patrol and ,immigration and ,customs ,enforcement-- 7,a7 the ,secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report2 and 7,b7 the ,secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive4 7#c7 ,recommendations for recruitment incentives 7,a7 ,maximum student loan repayments for united states border patrol agents with a two-year commitment ,section #ecgi7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,in the case of an employee 7otherwise eligible for benefits under this section7 who is serving as a full-time active-duty ,united ,states ,border ,patrol agent within the ,department of ,homeland ,security-- 7,a7 paragraph 7#b77;,a7 shall be applied by substituting #bj1jjj for #aj1jjj2 and 7,b7 paragraph 7#b77;,b7 shall be applied by substituting #hj1jjj for #fj1jjj4 4 7,b7 ,recruitment and relocation bonuses and retention allowances for personnel of the ,department of ,homeland ,security ,the ,secretary of ,homeland ,security shall ensure that the authority to pay recruitment and relocation bonuses under section #egec of title #e1 ,united ,states ,code1 the authority to pay retention bonuses under section #eged of such title1 and any other similar authorities available under any other provision of law1 rule1 or regulation1 are exercised to the fullest extent allowable in order to encourage service in the ,department of ,homeland ,security4 7#d7 ,definition ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,armed ,services1 and the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,armed ,services1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #ajb4 ,technology 7a7 ,equipment ,sharing between ,department of ,homeland ,security and ,department of ,defense ,the ,secretaries of these two departments shall develop and implement a plan to use authorities provided to the ,secretary of ,defense under chapter #ah of title #aj1 ,united ,states ,code1 to increase the availability and use of ,department of ,defense equipment1 including unmanned aerial vehicles1 tethered aerostat radars1 and other surveillance equipment1 to assist the ,secretary in carrying out surveillance activities conducted at or near the international land borders of the ,united ,states to prevent illegal immigration4 7b7 ,report ,not later than #f months after the date of enactment of this ,act 7and then annually from that point71 the ,secretary and the ,secretary of ,defense shall submit to ,congress a report that contains-- 7#a7 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 equipment2 7#b7 the plan developed under subsection 7a7 to increase the use of ,department of ,defense equipment to assist such surveillance activities2 and 7#c7 a description of the types of equipment and other support to be provided by the ,secretary of ,defense under such plan during the #a-year period beginning on the date of the submission of the report4 7c7 ,secure communication ,the ,secretary shall1 as expeditiously as practicable1 develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure #b-way communication capabilities-- 7#a7 among all ,border ,patrol agents conducting operations between ports of entry2 7#b7 between ,border ,patrol agents and their respective ,border ,patrol stations2 and 7#c7 between all appropriate law enforcement agencies of the ,department and ,state1 local1 and tribal law enforcement agencies4 7d7 ,other ,technology ,upgrades ,the ,secretary shall purchase and implement new technology to secure the borders1 including1 but not limited to drones1 infrared cameras1 sensors1 mobile lighting units1 radar and infrared heat4 7e7 ,authorization of ,appropriations ,the necessary funds are authorized to be appropriated to the ,secretary for each of the fiscal years #bjad through #bjah to carry out this section4 #ajc4 ,infrastructure 7a7 ,infrastructure ,improvements ,subject to the availability of appropriations1 the ,secretary shall construct or purchase-- 7#a7 office facilities to accommodate additional border patrol manpower2 7#b7 sport utility vehicles for officers2 7#c7 all-weather roads for better vehicle access and performance on remote and rugged terrain 7road 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 relevant72 7#d7 additional fencing 7and aesthetic fencing in business districts7 in urban areas of the border2 and 7#e7 vehicle barriers1 to support1 not replace1 manpower1 in rural and remote areas of the border necessary to achieve operational control of the international borders of the ,united ,states4 7b7 ,authorization of appropriations ,the necessary funds are authorized to be appropriated to the ,secretary for each of the fiscal years #bjad through #bjah to carry out this section4 #ajd4 ,aerial vehicles and surveillance systems 7a7 ,unmanned aerial vehicle pilot program ,during the #a-year period beginning on the date on which the report is submitted under section #ajb7;b71 the ,secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between ,canada and the ,united ,states4 7b7 ,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 ,states1 including equipment such as-- 7#a7 additional sensors2 7#b7 satellite command and control2 and 7#c7 other necessary equipment for operational support4 7c7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary for each of the fiscal years #bjad and #bjae such sums as may be necessary to carry out subsection 7b74 7#b7 ,availability of funds ,amounts appropriated pursuant to the authorization of appropriations in paragraph 7#a7 are authorized to remain available until expended4 7d7 ,aerial surveillance program 7#a7 ,in general ,in conjunction with the border surveillance plan developed under section #ebja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #h ,u4,s4,c4 #agja note71 the ,secretary1 not later than #ij days after the date of enactment of this ,act1 shall develop and implement a program to fully integrate and utilize aerial surveillance technologies1 including unmanned aerial vehicles1 to enhance the security of the international border between the ,united ,states and ,canada and the international border between the ,united ,states and ,mexico4 ,the goal of the program shall be to ensure continuous monitoring of each mile of each border4 7#b7 ,assessment and consultation requirements ,in developing the program under this subsection1 the ,secretary shall-- 7,a7 consider current and proposed aerial surveillance technologies2 7,b7 assess the feasibility and advisability of utilizing such technologies to address border threats1 including an assessment of the technologies considered best suited to address respective threats2 7,c7 consult with the ,secretary of ,defense regarding any technologies or equipment1 which the ,secretary may deploy along an international border of the ,united ,states2 and 7,d7 consult with the ,administrator of the ,federal ,aviation ,administration regarding safety1 airspace coordination and regulation1 and any other issues necessary for implementation of the program4 7#c7 ,authorization of ,appropriations ,the necessary funds are authorized to be appropriated to carry out this subsection4 7e7 ,integrated and ,automated ,surveillance ,program 7#a7 ,requirement for program ,subject to the availability of appropriations1 the ,secretary shall establish a program to procure additional unmanned aerial vehicles1 drones1 cameras1 poles1 sensors1 satellites1 radar coverage1 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 immigration4 7#b7 ,program components ,the ,secretary shall ensure1 to the maximum extent feasible1 that-- 7,a7 the technologies utilized in the ,integrated and ,automated ,surveillance ,program are integrated and function cohesively in an automated fashion1 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 sensor2 7,b7 cameras utilized in the program do not have to be manually operated2 7,c7 such camera views and positions are not fixed2 7,d7 surveillance video taken by such cameras is able to be viewed at multiple designated communications centers2 7,e7 a standard process is used to collect and record1 catalog1 and report intrusion and response data collected under the ,program2 7,f7 future remote surveillance technology investments and upgrades for the program can be integrated with existing systems2 7,g7 performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the ,united ,states2 7,h7 plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure2 7,i7 standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible2 7,j7 standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the ,secretary's mobility and ability to identify illegal border intrusions2 and 7,k7 ,border ,patrol agents respond to each reported intrusion that appears to involve aliens or smugglers4 7#c7 ,evaluation of contractors 7,a7 ,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 ,program4 7,b7 ,review by the ,comptroller ,general of the ,united ,states 7i7 ,in general ,the ,comptroller ,general of the ,united ,states shall review each new contract related to the ,program and should report to ,congress regarding contracts with a value of more than #e1jjj1jjj in a timely manner1 to determine whether such contract fully complies with applicable cost requirements1 performance objectives1 program milestones1 and schedules4 7ii7 ,reports ,the ,comptroller ,general of the ,united ,states shall report the findings of each review carried out under clause 7i7 to the ,secretary in a timely manner4 7#d7 ,authorization of appropriations ,the necessary funds are authorized to be appropriated to carry out this subsection4 ,b ,strategies and ,progress ,reports for ,securing ,america's ,borders #aaa4 ,national strategy to secure the borders 7a7 ,requirement for national strategy ,the ,secretary1 in consultation with the heads of other appropriate ,federal agencies1 shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the ,united ,states and the international land and maritime borders of the ,united ,states by ,december #ca1 #bjai4 7b7 ,content ,the national strategy to secure the borders shall include the following3 7#a7 ,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 ,states4 7#b7 ,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-- 7,a7 to prevent the entry of terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband into the ,united ,states2 and 7,b7 to protect critical infrastructure at or near such ports of entry or borders4 7#c7 ,an assessment of the most appropriate1 practical1 and cost-effective means of defending the international land and maritime borders of the ,united ,states against threats to security and illegal transit1 including intelligence capacities1 technology1 equipment1 personnel1 and training needed to address security vulnerabilities4 7#d7 ,an assessment of staffing needs for all border security functions1 taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs1 policies1 and technologies4 7#e7 ,a description of the border security roles and missions of ,federal ,government1 ,state government1 local government1 and tribal authorities1 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 manner4 7#f7 ,an assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights1 private property rights1 privacy rights1 and civil liberties1 including an assessment of efforts to take into account asylum seekers1 trafficking victims1 unaccompanied minor aliens1 refugees and other vulnerable populations1 as well as the effects on ,americans living in the border region and local1 ,state1 and ,federal law enforcement officers working in the border region4 7#g7 ,a prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the ,united ,states4 7#h7 ,a description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts1 activities1 and programs aimed at securing the international land and maritime borders of the ,united ,states4 7#i7 ,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 ,states4 7#aj7 ,a description of the performance metrics to be used to ensure accountability by the bureaus of the ,department in implementing such strategy4 7#aa7 ,a schedule for the implementation of the security measures described in said strategy1 including a prioritization of security measures1 realistic deadlines for addressing the security and enforcement needs1 an estimate of the resources needed to carry out such measures1 and a description of how such resources should be allocated4 7c7 ,consultation ,in developing the national strategy for border security1 the ,secretary shall consult with representatives of-- 7#a7 ,state1 local1 and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the ,united ,states2 and 7#b7 appropriate private sector entities1 nongovernmental organizations1 and affected communities that have expertise in areas related to border security4 7d7 ,coordination ,the national strategy for border security shall be consistent with the ,national ,strategy for ,maritime ,security developed pursuant to ,homeland ,security ,presidential ,directive #ac1 dated ,december #ba1 #bjjd4 7e7 ,submission to ,congress 7#a7 ,strategy ,not later than ,december #ca1 #bjad1 the ,secretary shall submit to ,congress the national strategy for border security4 7#b7 ,updates ,the ,secretary shall submit to ,congress any update of such strategy that the ,secretary determines is necessary1 not later than #cj days after such update is developed4 7f7 ,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 ,states4 #aab4 ,accountable financing of a secure border initiative 7a7 ,comptroller ,general of the ,united ,states 7#a7 ,action ,if the ,comptroller ,general of the ,united ,states becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the ,secure ,border ,initiative1 the ,comptroller ,general of the ,united ,states shall1 as expeditiously as practicable1 refer information relating to such improper conduct or wrongdoing to ,congress and to the ,secretary of ,homeland ,security1 or to another appropriate official of the ,department of ,homeland ,security1 who shall determine whether to temporarily suspend the contractor from further participation in the ,secure ,border ,initiative or make said contract null and void4 7#b7 ,report ,upon the completion of each review described in paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall submit to ,congress and to the ,secretary a report containing the findings of the review1 including findings regarding-- 7,a7 cost overruns2 7,b7 significant delays in contract execution2 7,c7 lack of rigorous departmental contract management2 7,d7 insufficient departmental financial oversight2 7,e7 bundling that limits the ability of small businesses to compete2 or 7,f7 other high-risk business practices4 7b7 ,reports by the ,secretary 7#a7 ,in general ,not later than #cj days after the receipt of each report required under subsection 7a77#b71 the ,secretary shall submit a report to the ,committee on the ,judiciary and the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on the ,judiciary and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 that describes the steps the ,secretary has taken1 or plans to take1 to address the problems identified in such report4 7#b7 ,contracts with foreign companies ,not later than #fj days after the initiation of each contract action with a company whose headquarters are not based in the ,united ,states1 the ,secretary shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives1 regarding the ,secure ,border ,initiative4 7c7 ,reports on ,united ,states ,ports ,not later than #fj days after receiving information regarding a proposed purchase of a contract to manage the operations of a ,united ,states port by a foreign entity1 the ,secretary of ,homeland ,security shall submit a report to ,congress that describes-- 7#a7 the proposed purchase2 7#b7 any security concerns related to the proposed purchase2 and 7#c7 the manner in which such security concerns have been addressed4 ,c ,rapid ,response ,measures #aba4 ,deployment of border patrol agents 7a7 ,emergency ,deployment of ,border ,patrol ,agents 7#a7 ,in general ,if the ,governor of a ,state on an international border of the ,united ,states declares an international border security emergency and requests additional agents of the ,border ,patrol 7referred to in this subtitle as agents7 from the ,secretary1 the ,secretary1 subject to paragraphs 7#b7 and 7#c71 may provide the ,state with not more than #a1jjj additional agents for the purpose of patrolling and defending the international border1 in order to prevent individuals from crossing the international border into the ,united ,states at any location other than an authorized port of entry4 7#b7 ,consultation ,upon receiving a request for agents under paragraph 7#a71 the ,secretary1 after consultation with the ,president1 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 ,state4 7#c7 ,collective bargaining ,emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law4 7b7 ,flexible ,deployment of ,border ,patrol ,agents ,the ,secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law1 except in unusual circumstances if the temporary use of fixed deployment positions is necessary4 #abb4 ,border patrol major assets 7a7 ,control of ,department of ,homeland ,security ,assets ,the ,department of ,homeland ,security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission1 including aircraft1 watercraft1 vehicles1 detention space1 transportation1 and all of the personnel associated with such assets4 7b7 ,helicopters and ,power ,boats 7#a7 ,helicopters ,the ,secretary shall increase the number of helicopters under the control of the ,border ,patrol and ,immigration and ,customs ,enforcement 7,,ice74 ,the ,secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed4 7#b7 ,power boats ,the ,secretary shall increase the number of power boats under the control of the ,border ,patrol4 ,the ,secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements4 7#c7 ,use and training ,the ,secretary shall-- 7,a7 establish an overall policy on how the helicopters and power boats procured under this subsection will be used2 and 7,b7 implement training programs for the agents who use such assets1 including safe operating procedures and rescue operations4 7c7 ,motor ,vehicles 7#a7 ,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 #a police-type vehicle for every #d agents with safety glass and other protections4 ,the ,secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the ,border ,patrol4 7#b7 ,features ,all motor vehicles purchased for the ,border ,patrol shall-- 7,a7 be appropriate for the mission of the ,border ,patrol2 and 7,b7 have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress4 #abc4 ,electronic equipment 7a7 ,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 ,patrol4 7b7 ,radio ,equipment ,the ,secretary shall augment the existing radio communications system so that all law enforcement personnel1 including ,immigration and ,customs ,enforcement1 working in each area where ,border ,patrol operations are conducted have clear and encrypted #b-way radio communication capabilities at all times4 ,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 distress4 7c7 ,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 purposes4 7d7 ,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 device4 #abd4 ,personal equipment 7a7 ,body ,armor ,the ,secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent4 ,enough body armor must be purchased to cover every agent in the field4 7b7 ,weapons ,the ,secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves1 their fellow agents1 and innocent third parties from the threats posed by armed criminals4 ,the ,secretary shall ensure that the policies of the ,department authorize all agents to carry weapons that are suited to the potential threats that they face1 and that all agents receive appropriate training in the use of such weapons4 7c7 ,uniforms ,the ,secretary shall ensure that all agents are provided with all necessary uniform items1 including outerwear suited to the climate1 footwear1 belts1 holsters1 and personal protective equipment1 at no cost to such agents4 ,such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly4 #abe4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for each of the fiscal years #bjad through #bjah to carry out this subtitle4 ,d ,border ,infrastructure and ,technology ,modernization #aca4 ,definitions ,in this subtitle3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,united ,states ,customs and ,border ,protection4 7#b7 ,northern border ,the term northern border means the international border between the ,united ,states and ,canada4 7#c7 ,southern border ,the term southern border means the international border between the ,united ,states and ,mexico4 #acb4 ,expansion of commerce security programs 7a7 ,customs-,trade ,partnership ,against ,terrorism 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner1 in consultation with the ,secretary1 shall develop a plan to expand the programs of the ,customs-,trade ,partnership ,against ,terrorism established pursuant to section #baa of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ifa71 including adding additional personnel for such programs1 along the northern border and southern border1 including the following programs3 7,a7 ,the ,business ,anti-,smuggling ,coalition4 7,b7 ,the ,carrier ,initiative ,program4 7,c7 ,the ,americas ,counter ,smuggling ,initiative4 7,d7 ,the ,container ,security ,initiative established pursuant to section #bje of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ide74 7,e7 ,the ,free and ,secure ,trade ,initiative4 7,f7 ,other industry partnership programs administered by the ,commissioner4 7b7 ,demonstration ,program ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security4 ,e ,other ,border ,security ,initiatives #ada4 ,alien smuggling and terrorism prevention 7a7 ,checks against terrorist watchlist ,the ,secretary of ,homeland ,security shall1 to the extent practicable1 check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land1 air1 and sea borders of the ,united ,states4 7b7 ,strengthening prosecution and punishment of alien smugglers ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 by amending the subsection heading to read as follows3 ,bringing ,in1 ,harboring1 and ,smuggling of ,unlawful and ,terrorist ,aliens4--2 and 7#b7 by amending paragraphs 7#a7 through 7#b7 to read as follows3 7#a7 7,a7 ,whoever1 knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to1 enter1 or reside in the ,united ,states1 knowingly-- 7i7 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 individual2 7ii7 recruits1 encourages1 or induces that individual to come to1 enter1 or reside in the ,united ,states2 7iii7 transports or moves that individual in the ,united ,states1 in furtherance of their unlawful presence2 or 7iv7 harbors1 conceals1 or shields from detection the individual in any place in the ,united ,states1 including any building or any means of transportation2 or attempts or conspires to do so1 shall be punished as provided in subparagraph 7,c74 7,b7 ,whoever1 knowing that an individual is an alien1 brings that individual to the ,united ,states in any manner whatsoever at a place1 other than a designated port of entry or place designated by the ,secretary of ,homeland ,security1 regardless of whether such individual has received prior official authorization to come to1 enter1 or reside in the ,united ,states and regardless of any future official action which may be taken with respect to such individual1 or attempts or conspires to do so1 shall be punished as provided in subparagraph 7,c74 7,c7 ,whoever commits an offense under this paragraph shall1 for each individual in respect to whom such a violation occurs-- 7i7 if the offense results in the death of any person1 be fined under title #ah1 ,united ,states ,code1 and subject to the penalty of death or imprisonment for any term of years or for life2 7ii7 if the offense involves kidnapping1 an attempt to kidnap1 the conduct required for aggravated sexual abuse 7as defined in section #bbda of title #ah1 ,united ,states ,code1 without regard to where it takes place71 or an attempt to commit such abuse1 or an attempt to kill1 be fined under title #ah1 ,united ,states ,code1 or imprisoned for any term of years or life1 or both2 7iii7 if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity 7as defined in section #bab7;a77#c77;,b771 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #cj years1 or both2 7iv7 if the offense results in serious bodily injury 7as defined in section #acfe of title #ah1 ,united ,states ,code7 or places in jeopardy the life of any person1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #bj years1 or both2 7v7 if the offense is a violation of paragraph 7#a77;,a77i7 and was committed for the purpose of profit1 commercial advantage1 or private financial gain1 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 #a year1 be fined under title #ah1 ,united ,states ,code1 and imprisoned1 in the case of a first or second violation1 not less than #c nor more than #aj years1 and for any other violation1 not less than #e nor more than #ae years2 7vi7 if the offense is a violation of paragraphs 7#a77;,a77ii71 7iii71 or 7iv71 or paragraph 7#a77;,b71 and was committed for the purpose of profit1 commercial advantage1 or private financial gain1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #aj years1 or both2 7vii7 if the offense involves the transit of the defendant's spouse1 child1 sibling1 parent1 grandparent1 or niece or nephew1 and the offense is not described in any of clauses 7i7 through 7vi71 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #a year1 or both2 and 7viii7 in any other case1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #e years1 or both4 7#b7 7,a7 ,there is extraterritorial jurisdiction over the offenses described in paragraph 7#a74 7,b7 ,in a prosecution for a violation of1 or an attempt or conspiracy to violate1 subsection 7a77#a77;,a77i71 7a77#a77;,a77ii71 or 7a77#a77;,b71 that occurs on the high seas1 no defense based on necessity can be raised unless the defendant-- 7i7 as soon as practicable1 reported to the ,coast ,guard the circumstances of the necessity1 and if a rescue is claimed1 the name1 description1 registry number1 and location of the vessel engaging in the rescue2 and 7ii7 did not bring1 attempt to bring1 or in any manner intentionally facilitate the entry of any alien into the land territory of the ,united ,states without lawful authority1 unless exigent circumstances existed that placed the life of that alien in danger1 in which case the reporting requirement set forth in clause 7i7 is satisfied by notifying the ,coast ,guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore4 7,c7 ,it is not a violation of1 or an attempt or conspiracy to violate1 clause 7iii7 or 7iv7 of paragraph 7#a77;,a71 or paragraph 7#a77;,a77ii7 7except if a person recruits1 encourages1 or induces an alien to come to or enter the ,united ,states71 for a religious denomination having a bona fide nonprofit1 religious organization in the ,united ,states1 or the agents or officer of such denomination or organization1 to encourage1 invite1 call1 allow1 or enable an alien who is present in the ,united ,states to perform the vocation of a minister or missionary for the denomination or organization in the ,united ,states as a volunteer who is not compensated as an employee1 notwithstanding the provision of room1 board1 travel1 medical assistance1 and other basic living expenses1 provided the minister or missionary has been a member of the denomination for at least one year4 7,d7 ,for purposes of this paragraph and paragraph 7#a7-- 7i7 the term ,united ,states means the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states2 and 7ii7 the term lawful authority means permission1 authorization1 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 approved4 4 7c7 ,maritime law enforcement 7#a7 ,penalties ,subsection 7b7 of section #bbcg of title #ah1 ,united ,states ,code1 is amended to read as follows3 7b7 ,whoever intentionally violates this section shall-- 7#a7 if the offense results in death or involves kidnapping1 an attempt to kidnap1 the conduct required for aggravated sexual abuse 7as defined in section #bbda without regard to where it takes place71 or an attempt to commit such abuse1 or an attempt to kill1 be fined under such title or imprisoned for any term of years or life1 or both2 7#b7 if the offense results in serious bodily injury 7as defined in section #acfe of this title7 or transportation under inhumane conditions1 be fined under this title1 imprisoned not more than #ae years1 or both2 7#c7 if the offense is committed in the course of a violation of section #bgd of the ,immigration and ,nationality ,act 7alien smuggling72 chapter #gg 7peonage1 slavery1 and trafficking in persons71 section #aaa 7shipping71 #aaa;,a 7interference with vessels71 #aac 7stolen property71 or #aag 7transportation for illegal sexual activity7 of this title2 chapter #gje 7maritime drug law enforcement7 of title #df1 or title ,,ii of the ,act of ,june #ae1 #aiag 7chapter #cj2 #dj ,stat4 #bbj71 be fined under this title or imprisoned for not more than #aj years1 or both2 and 7#d7 in any other case1 be fined under this title or imprisoned for not more than #e years1 or both4 4 7#b7 ,limitation on necessity defense ,section #bbcg7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by inserting 7#a7 after 7c72 and 7,b7 by adding at the end the following3 7#b7 ,in a prosecution for a violation of this section1 no defense based on necessity can be raised unless the defendant-- 7,a7 as soon as practicable upon reaching shore1 delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel2 7,b7 as soon as practicable1 reported to the ,coast ,guard the circumstances of the necessity resulting giving rise to the defense2 and 7,c7 did not bring1 attempt to bring1 or in any manner intentionally facilitate the entry of any alien1 as that term is defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c771 into the land territory of the ,united ,states without lawful authority1 unless exigent circumstances existed that placed the life of that alien in danger1 in which case the reporting requirement of subparagraph 7,b7 is satisfied by notifying the ,coast ,guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore4 4 7#c7 ,definition ,section #bbcg7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#d72 7,b7 by striking the period at the end of paragraph 7#e7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 the term transportation under inhumane conditions means the transportation of persons in an engine compartment1 storage compartment1 or other confined space1 transportation at an excessive speed1 transportation of a number of persons in excess of the rated capacity of the means of transportation1 or intentionally grounding a vessel in which persons are being transported4 4 7d7 ,amendment to the sentencing guidelines 7#a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding4 7#b7 ,considerations ,in carrying out this section1 the ,sentencing ,commission1 shall-- 7,a7 consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection 7a7 that-- 7i7 involve a pattern of continued and flagrant violations2 7ii7 are part of an ongoing commercial organization or enterprise2 7iii7 involve aliens who were transported in groups of #aj or more2 7iv7 involve the transportation or abandonment of aliens in a manner that endangered their lives2 or 7v7 involve the facilitation of terrorist activity2 and 7,b7 consider cross-references to the guidelines for ,criminal ,sexual ,abuse and ,attempted ,murder4 7#c7 ,expedited procedures ,the ,commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg1 as though the authority under that ,act had not expired4 #adb4 ,border security on certain ,federal land 7a7 ,definitions ,in this section3 7#a7 ,protected land ,the term protected land means land under the jurisdiction of the ,secretary concerned4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of the ,interior4 7b7 ,border ,protection ,strategy ,the ,secretary1 the ,secretary of the ,interior1 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-- 7#a7 units of the ,national ,park ,system2 7#b7 ,national ,forest ,system land2 7#c7 land under the jurisdiction of the ,united ,states ,fish and ,wildlife ,service and ,bureau of ,land ,management2 and 7#d7 other relevant land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture4 7c7 ,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 agents1 in addition to the number of such officers and agents employed immediately before the enactment of this ,act1 such sums as may be necessary for-- 7#a7 #bb such officers of the ,united ,states ,fish and ,wildlife ,service1 including-- 7,a7 #d for ,california2 7,b7 #i for ,arizona2 7,c7 #b for ,new ,mexico2 and 7,d7 #g for ,texas2 7#b7 #b such agents of the ,united ,states ,fish and ,wildlife ,service1 for ,texas2 7#c7 #bb such officers of the ,national ,park ,service1 including-- 7,a7 #ac for ,arizona2 and 7,b7 #i for ,texas2 7#d7 #b such agents of the ,national ,park ,service1 for ,texas2 7#e7 #ai such officers of the ,bureau of ,land ,management1 including-- 7,a7 #e for ,california2 7,b7 #d for ,arizona2 7,c7 #d for ,new ,mexico2 and 7,d7 #f for ,texas2 7#f7 #b such agents of the ,bureau of ,land ,management1 including-- 7,a7 #a for ,california2 7,b7 #b for ,arizona2 and 7,c7 #a for ,new ,mexico2 and 7#g7 one such agent of the ,bureau of ,indian ,affairs1 for ,texas4 7d7 ,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 #a the number of special assistant ,united ,states attorneys in the district of ,arizona dedicated to prosecution of cases generated by the ,secretary of the ,interior1 in addition to the number of such attorneys appointed immediately before the enactment of this ,act4 ,,ii ,ending ,unlawful ,employment ,a ,employee ,verification #bja4 ,mandatory employment authorization verification 7a7 ,making ,e-,verify ,program permanent ,section #dja7;b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended by adding before the period at the end of the last sentence the following 1 except that the ,e-,verify ,program described in section #djc7;a7 shall be a permanent program4 7b7 ,mandatory use of ,e-,verify system 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 every person or other entity that hires one or more individuals for employment in the ,united ,states shall verify through the ,e-,verify ,program1 established by section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 that each such individual is authorized to work in the ,united ,states4 ,the ,secretary of ,homeland ,security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence4 7#b7 ,select entities required to use e-verify program immediately ,the following entities must satisfy the requirement in paragraph 7#a7 by not later than one year after the date of the enactment of this ,act3 7,a7 ,federal agencies ,each department and agency of the ,federal ,government4 7,b7 ,federal contractors ,a contractor that-- 7i7 has entered into a contract with the ,federal ,government to which section #b7;b77#a7 of the ,service ,contract ,act of #aife 7#da ,u4,s4,c4 #cea7;b77#a77 applies1 and any subcontractor under such contract2 or 7ii7 has entered into a contract exempted from the application of such ,act by section #f of such ,act 7#da ,u4,s4,c4 #cef71 and any subcontractor under such contract4 7,c7 ,large employers ,an employer that employs more than #bej individuals in the ,united ,states4 7#c7 ,phasing-in for other employers 7,a7 ,two years for employers of #ajj or more ,entities that employ #ajj or more individuals in the ,united ,states must satisfy the requirement in paragraph 7#a7 by not later than two years after the date of the enactment of this ,act4 7,b7 ,three years for employers with #cj or more employees ,all entities that employ #cj or more individuals in the ,united ,states must satisfy the requirement in paragraph 7#a7 by not later than three years after the date of the enactment of this ,act4 7,c7 ,four years for all employers ,all entities that employ one or more individuals in the ,united ,states must satisfy the requirement in paragraph 7#a7 by not later than four years after the date of the enactment of this ,act4 7#d7 ,verifying employment authorization of current employees ,every person or other entity that employs one or more persons in the ,united ,states shall verify through the ,e-,verify program by not later than four years after the date of the enactment of this ,act that each employee is authorized to work in the ,united ,states4 7#e7 ,defense ,in accordance with section #bgd;,a7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#c771 a person or entity that establishes that it has complied in good faith with the requirements of section #bgd;,a7b7 of such ,act with respect to the hiring1 recruiting1 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 #bgd;,a7a77#a77;,a7 of such ,act with respect to such hiring1 recruiting or referral4 ,furthermore an employer who has complied with the requirements in paragraphs 7#a7 and 7#d7 of this ,act shall not be liable for hiring an unauthorized alien1 if-- 7,a7 such hiring occurred due to an error in the ,e-,verify program that was unknown to the employer at the time of such hiring2 and 7,b7 the employer terminates the employment of the alien upon being informed of the error4 7#f7 ,sanctions for noncompliance ,the failure of an employer to comply with the requirements in paragraphs 7#a7 or 7#d7 shall-- 7,a7 be treated as a violation of section #bgd;,a7a77#a77;,b7 with respect to each offense2 and 7,b7 create a rebuttable presumption that the employer has violated section #bgd;,a7a77#a77;,a74 7#g7 ,voluntary participation of employers not immediately subject to requirement ,nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph 7#a7 pursuant to paragraph 7#b7 or 7#c7 from voluntarily using the ,e-,verify program to verify the employment authorization of new hires or current employees4 7#h7 ,state interference ,no ,state may prohibit a person or other entity from using the ,e-,verify program to verify the employment authorization of new hires or current employees4 7#i7 ,e-,verify study 7,a7 ,findings ,the ,congress finds as follows3 7i7 ,a majority of the #j4d percent of tentative non-confirmations that are issued within ,e-,verify to work authorized individuals occur due to incorrect or outdated information in the databases utilized by the system4 ,for instance1 an individual may have changed his or her name legally but has not updated their ,social ,security information to account for this change4 ,this person would likely receive a tentative non-confirmation if their work eligibility were checked using ,e-,verify4 7ii7 ,e-,verify already provides employers and employees with simple and clear instructions on how inconsistencies in data can be corrected in order to verify the work eligibility of an employee4 ,however1 giving an individual the ability to verify his or her own employment eligibility in advance of an official ,e-,verify query by an employer would allow that individual to correct data errors at his or her convenience4 ,this may also serve to lessen peak demand on ,social ,security ,administration field offices4 7,b7 ,study ,the ,government ,accountability ,office shall conduct a study to examine the potential of a secure method of allowing individuals to check their own work eligibility1 so that they can address inconsistencies in their personal data that might otherwise cause them to be issued a tentative non-confirmation by ,e-,verify4 ,the study shall be published within #f months after the date of enactment of this ,act4 7#aj7 ,document fraud study ,the ,government ,accountability ,office shall conduct a study to examine methods to combat document fraud1 theft and forgery in the use and expansion of the ,e-,verify program4 ,the report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud1 theft and forgery4 ,the report shall be published within six months after enactment of this ,act4 #bjb4 ,monitoring and compliance 7a7 ,enhancing ,monitoring and ,compliance of ,e-,verify ,the ,secretary of the ,department of ,homeland ,security is authorized take the following actions to increase the capability and effectiveness of the ,e-,verify employer ,monitoring and ,compliance team within ,citizenship and ,immigration ,services3 7#a7 ,increase by no more than #f the number of fulltime employees dedicated to the development of thresholds and algorithms and quality assurance procedures for the monitoring of employer adherence to the conditions that are currently outlined in the ,e-,verify ,memorandum of ,understanding4 7#b7 ,increase as necessary the number of fulltime employees dedicated to outreach to employers using ,e-,verify and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers4 ,these employees may also be utilized in the operation of the toll free compliance assistance call center4 7#c7 ,establish procedures for the identification of cases of potential fraud or misuse of ,e-,verify4 7#d7 ,establish procedures for the sharing of information on these selected cases with ,immigration and ,customs ,enforcement for further investigation as necessary4 7#e7 ,report to ,congress within one year of the date of enactment of this ,act on the activities of the ,office of ,monitoring and ,compliance which shall include-- 7,a7 a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the ,office2 7,b7 the number and type of cases flagged by the ,office and referred to ,immigration and ,customs ,enforcement1 as well as the outcome of these cases2 and 7,c7 an assessment of the number and the nature of calls received by the compliance assistance call center4 #bjc4 ,mandatory notification of ,,ssn mismatches and multiple uses 7a7 ,notification of multiple uses of individual ,social ,security numbers ,prior to crediting any individual with concurrent earnings from more than one employer1 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 7,,ssn74 ,such notice shall include1 at a minimum-- 7#a7 the name and location of each employer reporting benefits for an individual2 7#b7 a warning that any inaccuracies in this information could indicate that the individual's ,,ssn is being fraudulently used by another individual2 7#c7 an explanation of any potential risk that an individual is subject to if his or her ,,ssn has been used or is being used by someone else2 and 7#d7 an ,,ssa telephone number that an individual may call to report inaccuracies in the use of their ,,ssn4 7b7 ,information sharing with the ,department of ,homeland ,security 7#a7 ,not later than #ahj days following the date of enactment of this act1 the ,commissioner of ,social ,security shall promulgate regulations in accord with section #acjf1 title #db 7#db ,u4,s4,c4 #acjf71 to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a ,social ,security account number be shared with the ,secretary of the ,department of ,homeland ,security on a timely basis4 7#b7 ,information to be shared with the ,secretary shall include1 at a minimum1 the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual's ,social ,security account number4 ,the names and addresses of the employers of these employees must also be provided4 7#c7 ,the ,secretary shall report to the ,congress annually the number of cases that the ,commissioner of ,social ,security has shared with the ,department of ,homeland ,security regarding unauthorized users of a ,social ,security number and the actions that have been taken to resolve these cases4 ,the first report shall be presented to ,congress #a year after the passage of this ,act4 #bjd4 ,establishment of electronic birth and death registration systems ,in consultation with the ,secretary of ,health and ,human ,services and the ,commissioner of ,social ,security1 the ,secretary shall take the following actions3 7#a7 ,work with the ,states to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems4 7#b7 ,coordinate requirements for such systems to align with a national model4 7#c7 ,ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data1 the issuance of birth certificates1 and the exchange of data among government agencies4 7#d7 ,ensure that electronic systems for issuing birth certificates1 in the form of printed abstracts of birth records or digitized images1 employ a common format of the certified copy1 so that those requiring such documents can quickly confirm their validity4 7#e7 ,establish uniform field requirements for ,state birth registries4 7#f7 ,not later than #a year after the date of the enactment of this ,act1 establish a process with the ,department of ,defense that will result in the sharing of data1 with the ,states and the ,social ,security ,administration1 regarding deaths of ,united ,states military personnel and the birth and death of their dependents4 7#g7 ,not later than #a year after the date of the enactment of this ,act1 establish a process with the ,department of ,state to improve registration1 notification1 and the sharing of data with the ,states and the ,social ,security ,administration1 regarding births and deaths of ,united ,states citizens abroad4 7#h7 ,not later than #c years after the date of establishment of databases provided for under this section1 require ,states to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants4 7#i7 ,not later than #f months after the date of the enactment of this ,act1 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 enforced4 #bje4 ,penalty for failure to file correct information returns 7a7 ,in general ,section #fgba of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fgba7 is amended by adding at the end the following3 7g7 ,most egregious noncompliant employers ,the ,secretary shall assess the maximum allowable penalties on #ajj percent of the employers designated in any tax year by the ,social ,security ,administration as the most egregious noncompliant employers4 7h7 ,employment of alien not authorized ,to be employed ,notwithstanding any other provision in this section1 in the case of a failure described in subsection 7a77#b7 with respect to any person employing an alien not authorized to be so employed1 the penalty under this section shall be determined in accordance with the following table3 ,in the case of--,not less than--,not more than-- ,the first offense#b1ejje1jjj ,the second offense#g1ejjaj1jjj ,the third offense#be1jjjdj1jjj4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to with respect to information returns required to be filed for years beginning after ,december #ca1 #bjab4 #bjf4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be required to carry out this subtitle4 ,b ,nondeductibility of ,wages ,paid to ,unauthorized ,aliens #baa4 ,clarification that wages paid to unauthorized aliens may not be deducted from gross income 7a7 ,in general ,subsection 7c7 of section #afb of the ,internal ,revenue ,code of #aihf 7relating to illegal bribes1 kickbacks1 and other payments7 is amended by adding at the end the following new paragraph3 7#d7 ,wages paid to or on behalf of unauthorized aliens 7,a7 ,in general ,no deduction shall be allowed under subsection 7a7 for any wage paid to or on behalf of an unauthorized alien1 as defined under section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c774 7,b7 ,wages ,for the purposes of this paragraph1 the term wages means all remuneration for employment1 including the cash value of all remuneration 7including benefits7 paid in any medium other than cash4 7,c7 ,safe harbor ,if a person or other entity is participating in the ,e-,verify ,program described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring 7or recruitment or referral7 of an employee1 subparagraph 7,a7 shall not apply with respect to wages paid to such employee4 4 7b7 ,six-,year limitation on assessment and collection ,subsection 7c7 of section #feja of such ,code 7relating to exceptions7 is amended by adding at the end the following new paragraph3 7#ab7 ,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 #afb7;c77#d71 any tax under chapter #a may be assessed1 or a proceeding in court for the collection of such tax may be begun without assessment1 at any time within #f years after the return was filed4 4 7c7 ,use of documentation for enforcement purposes ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subparagraph 7b77#e71 by inserting 1 section #afb7;c77#d7 of the ,internal ,revenue ,code of #aihf1 after enforcement of this ,act2 7#b7 in subparagraph 7d77#b77;,f71 by inserting 1 section #afb7;c77#d7 of the ,internal ,revenue ,code of #aihf1 after enforcement of this ,act2 and 7#c7 in subparagraph 7d77#b77;,g71 by inserting section #afb7;c77#d7 of the ,internal ,revenue ,code of #aihf or after or enforcement of4 7d7 ,availability of information 7#a7 ,in general ,the ,commissioner of ,social ,security1 the ,secretary of the ,department of ,homeland ,security1 and the ,secretary of the ,treasury1 shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens 7as defined under section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act71 including any no-match letter1 any information in the earnings suspense file1 and any information in the investigation and enforcement of section #afb7;c77#d7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,disclosure by ,secretary of the ,treasury 7,a7 ,in general ,subsection 7i7 of section #fajc of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#i7 ,payment of wages to unauthorized aliens ,upon request from the ,commissioner of the ,social ,security ,administration or the ,secretary of the ,department of ,homeland ,security1 the ,secretary shall disclose to officers and employees of such ,administration or ,department-- 7,a7 taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section #afb7;c77#d71 and 7,b7 taxpayer identity information of individuals to whom such wages were paid1 for purposes of carrying out any enforcement activities of such ,administration or ,department with respect to such employers or individuals4 4 7,b7 ,recordkeeping ,paragraph 7#d7 of section #fajc7p7 of such ,code is amended-- 7i7 by striking 7#e71 or 7#g7 in the matter preceding subparagraph 7,a7 and inserting 7#e71 7#g71 or 7#i71 and 7ii7 by striking 7#e7 or 7#g7 in subparagraph 7,f77ii7 and inserting 7#e71 7#g71 or 7#i74 7e7 ,effective date 7#a7 ,except as provided in paragraph 7#b71 this ,act and the amendments made by this ,act shall take effect on the date of the enactment of this ,act4 7#b7 ,the amendments made by subsections 7a7 and 7b7 shall apply to taxable years beginning after ,december #ca1 #bjac4 ,,iii ,enhancing and ,utilizing ,current ,interior ,enforcement ,methods #cja4 ,increase investigative efforts 7a7 ,federal agents ,an increase of personnel and resources will be needed to successfully enforce ,u4,s4 immigration laws and punish those who violate them4 ,to this end1 sufficient funds are authorized to be appropriated to employ #a1aej additional ,immigration and ,customs ,enforcement ,agents4 7b7 ,criminal alien program 7,,cap7 ,an additional #adj ,,cap officers are authorized to identify and remove criminal aliens encountered in ,federal1 ,state1 and local detention facilities4 7c7 ,state and local law enforcement support ,the ,secretary of ,homeland ,security shall take necessary steps to allow for the training of a minimum of #bej ,state and local law enforcement officers in ,federal immigration law enforcement procedure4 ,this would be an expansion of an already active and successful program4 #cjb4 ,increased oversight of agents ,to ensure the ability of ,immigration and ,customs ,enforcement 7,,ice7 and ,customs and ,border ,patrol 7,,cbp7 to enforce integrity and ethical behavior throughout their expanded ranks1 the ,secretary of ,homeland ,security shall add no fewer than #h ,special ,agents to the ,office of ,professional ,responsibility4 #cjc4 ,border relief grant program 7a7 ,in ,general ,from amounts made available under section #cjd1 the ,secretary of ,homeland ,security may make grants to-- 7#a7 sheriffs' offices of counties any part of which is within #be miles of the southern border of the ,united ,states2 and 7#b7 police departments serving a city1 town1 or other political subdivision in a county any part of which is within #be miles of the southern border of the ,united ,states 7including tribal police departments serving a community any part of which is within #be miles of such border74 7b7 ,use of ,funds 7#a7 ,in general ,grant funds received under subsection 7a7 may be used for the following3 7,a7 ,to conduct law enforcement operations in order to enforce criminal laws1 prevent and punish criminal activity1 and protect the lives1 property1 and security of the people within the jurisdiction of the grant recipient4 7,b7 ,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 officials4 7,c7 ,to enforce ,state and ,federal laws relating to controlled substance trafficking and enforce other ,state and ,federal criminal laws4 7#b7 ,payment of costs ,use of funds under paragraph 7#a7 shall include payment for costs of-- 7,a7 hiring1 equipping1 training1 and otherwise controlling the operations and deployment of1 law enforcement officials engaged in duties described in paragraph 7#a71 as well as the costs of paying overtime to such officials2 and 7,b7 detaining1 housing1 and transporting aliens who are not lawfully present in the ,united ,states1 and who are taken into custody by the grant recipient1 until the aliens are transferred to appropriate ,federal law enforcement officials4 7#c7 ,detention facilities ,in accordance with paragraph 7#b77;,b71 grant funds received under subsection 7a7 may be used for the construction1 maintenance1 and operation of detention facilities to detain aliens who are unlawfully present in the ,united ,states1 except that not more than #bj percent of such funds may be used for the construction or renovation of detention or similar facilities4 7c7 ,application 7#a7 ,in general ,each eligible law enforcement agency seeking a grant under this section shall submit an application to the ,secretary of ,homeland ,security at such time1 in such manner1 and accompanied by such information as the ,secretary of ,homeland ,security may reasonably require4 7#b7 ,contents ,each application submitted pursuant to paragraph 7#a7 shall-- 7,a7 describe the activities for which assistance under this section is sought2 and 7,b7 provide such additional assurances as the ,secretary of ,homeland ,security determines to be essential to ensure compliance with the requirements of this section4 #cjd4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,homeland ,security to carry out this section #bjj1jjj1jjj for fiscal year #bjad and each succeeding fiscal year4 #cje4 ,regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue regulations to carry out this ,act4 #cjf4 ,rewards program 7a7 ,rewards program ,section #bgd 7#h ,u4,s4,c4 #acbd7 is amended by adding at the end the following3 7f7 ,rewards program 7#a7 ,in general ,there is established in the ,department of ,homeland ,security a program for the payment of rewards to carry out the purposes of this section4 7#b7 ,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 investigation1 prosecution1 or disruption of a commercial alien smuggling operation4 7#c7 ,administration ,the rewards program shall be administered by the ,secretary of ,homeland ,security1 in consultation1 as appropriate1 with the ,attorney ,general and the ,secretary of ,state4 7#d7 ,rewards authorized ,in the sole discretion of the ,secretary of ,homeland ,security1 such ,secretary1 in consultation1 as appropriate1 with the ,attorney ,general and the ,secretary of ,state1 may pay a reward to any individual who furnishes information or testimony leading to-- 7,a7 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 aliens2 7,b7 the arrest or conviction of any individual committing such an act2 7,c7 the arrest or conviction of any individual aiding or abetting the commission of such an act2 7,d7 the prevention1 frustration1 or favorable resolution of such an act1 including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the ,united ,states1 or commercial alien smuggling operations1 in whole or in significant part2 or 7,e7 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 aliens4 7#e7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 ,amounts appropriated under this paragraph shall remain available until expended4 7#f7 ,ineligibility ,an officer or employee of any ,federal1 ,state1 local1 or foreign government who1 while in performance of his or her official duties1 furnishes information described in paragraph 7#d7 shall not be eligible for a reward under this subsection for such furnishing4 7#g7 ,protection measures ,if the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines that an individual who furnishes information or testimony described in paragraph 7#d71 or any spouse1 child1 parent1 son1 or daughter of such an individual1 must be protected1 such official may take such lawful action as the official considers necessary to effect such protection4 7#h7 ,limitations and certification 7,a7 ,maximum amount ,no reward under this subsection may exceed #ajj1jjj4 7,b7 ,approval ,any reward under this subsection exceeding #ej1jjj shall be personally approved by the ,secretary of ,homeland ,security4 7,c7 ,certification for payment ,any reward granted under this subsection shall be certified for payment by the ,secretary of ,homeland ,security4 7#i7 ,publicity ,the ,department of ,homeland ,security shall be responsible for developing and implementing an advertising strategy to make known the rewards described within this section in order to solicit informants4 4 #cjg4 ,increased detention facilities for aliens apprehended for illegal entry 7a7 ,in general ,the ,secretary of ,homeland ,security shall make arrangements for the availability of #h1jjj additional beds for detaining aliens taken into custody by immigration officials4 7b7 ,implementation ,efforts shall be made to-- 7#a7 contract private facilities whenever possible to promote efficient use and to limit the ,federal ,government's maintenance of and liability for additional infrastructure2 7#b7 utilize ,state and local facilities for the provision of additional beds2 and 7#c7 utilize ,,brac facilities or active duty facilities4 7c7 ,construction ,the ,department of ,homeland ,security shall construct facilities as necessary to meet the remainder of the #h1jjj new beds to be provided4 7d7 ,responsibilities ,the ,secretary of ,homeland ,security shall be responsible for providing humane conditions1 health care1 nutrition1 and psychological services1 as well as education for minors4 7e7 ,authorization ,all funds necessary to accomplish the directives within this section are authorized to be appropriated4 #cjh4 ,additional ,immigration ,judgeships and law clerks 7a7 ,judgeships ,the ,attorney ,general shall create and fill twenty additional ,immigration ,judgeships within #f months after the date of enactment of this ,act4 7b7 ,clerkships ,the ,attorney ,general shall also ensure that for every two ,immigration ,judges there shall be no fewer than one law clerk dedicated to assisting ,immigration ,judges4 #cji4 ,media campaign 7a7 ,in general ,the ,secretary of ,labor and the ,secretary of ,homeland ,security shall develop strategies to inform the public of changes in immigration policies created by provisions in this legislation4 7b7 ,notification of changes to employment verification process ,the ,secretary of ,labor shall employ1 at his or her discretion1 a combination of multilingual print1 television1 ,internet1 and radio media to notify employers of changes to the employment verification process4 ,announcements should encourage compliance with new legislation and should explain penalties for noncompliance with provisions within this ,act4 7c7 ,multilingual media campaign ,the ,secretary of ,homeland ,security shall also develop a multilingual media campaign explaining the extent of this legislation1 the timelines therein1 and the penalties for noncompliance with this ,act4 ,announcements should be targeted toward undocumented aliens and should emphasize-- 7#a7 provisions in this ,act that enhance border security and interior enforcement2 7#b7 punishment for apprehension and forced removal of undocumented aliens2 and 7#c7 legal methods of reentering the ,united ,states1 including temporary work visas4 7d7 ,cooperation with other governments ,the ,secretary of ,homeland ,security shall make all reasonable attempts to cooperate with the governments of the countries from which the largest number of undocumented aliens originate in the implementation of this media campaign4