[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3676

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
   Act of 1996 to make permanent the E-Verify program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2009

Mr. Broun of Georgia (for himself, Mr. Miller of Florida, Mr. Marchant, 
  Mr. Neugebauer, Mr. Fleming, Mr. Kingston, Mr. Akin, Mr. Wamp, Mr. 
  Gohmert, Mr. Gingrey of Georgia, Mr. Deal of Georgia, Mr. Bishop of 
    Utah, Mr. Tiahrt, Mr. Manzullo, Mr. Lamborn, Mrs. Bachmann, Mr. 
  Chaffetz, Mr. Luetkemeyer, Mr. Franks of Arizona, Mr. Bilbray, Mr. 
   Pitts, and Mr. Bartlett) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Education and Labor, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
   Act of 1996 to make permanent the E-Verify 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.

    This Act may be cited as the ``Improving Methods to Promote Regular 
Occurrences of the Verification of Employability Status Act of 2009''.

SEC. 2. MAKING THE E-VERIFY PROGRAM PERMANENT.

    (a) Permanence.--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--
            (1) in the subsection heading, by striking ``; 
        Termination''; and
            (2) by striking the second sentence and inserting the 
        following: ``The programs provided for under this subtitle 
        shall not have a termination date.''.
    (b) Pilot Program References.--Section 401(d)(1) 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--
            (1) in the paragraph heading by striking ``Pilot program'' 
        and inserting ``Program''; and
            (2) by striking ``3 pilot''.

SEC. 3. VERIFICATION OF CURRENT AND NEWLY HIRED EMPLOYEES; PROTECTION 
              FROM LIABILITY FOR EMPLOYERS VERIFYING EMPLOYEES; 
              INFORMATIONAL POSTERS.

    Section 403 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--
            (1) in subsection (a)(3)(A), by adding at the end the 
        following: ``The person or other entity may wait for 
        confirmation of the individual's identity and work eligibility 
        before beginning to pay or train the individual.'';
            (2) in subsection (a)(3), by adding at the end the 
        following:
                    ``(C) Current employees.--Not later than 14 
                business days after beginning to participate in the 
                program, a person or other entity may use the program 
                to verify the employment authorization of an employee 
                hired prior to the participation in the program only if 
                the person or other entity verifies the employment 
                authorization of every employee hired prior to the 
                participation in the program.'';
            (3) in subsection (a)(4)(B)(iii), by inserting after 
        ``until a nonconfirmation becomes final'' the following: ``and 
        the individual exhausts any administrative or judicial review 
        if the individual initiates such review.'';
            (4) in subsection (d), by striking ``through the 
        confirmation system.'' and inserting the following:
``through the confirmation system if--
            ``(1) such action occurred due to an error in the program 
        that was unknown to the employer at the time of such action; 
        and
            ``(2) the person or other entity terminates the employment 
        of the individual upon being informed of the error.''; and
            (5) by adding at the end the following:
    ``(e) Use of Fraudulent Documentation and Sanctions.--
            ``(1) Fraudulent documentation.--Each instance of a person 
        or other entity participating in the program who employs an 
        unauthorized individual after providing or accepting 
        documentation the person or entity knows to be fraudulent 
        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 the 
                Immigration and Nationality Act (8 U.S.C. 
                1324A(a)(1)(A)).
            ``(2) Sanctions.--Notwithstanding the amounts specified in 
        section 274A(e)(5) of the Immigration and Nationality Act (8 
        U.S.C. 1324A(e)(5)), the applicable civil monetary penalty for 
        a violation under this subsection shall require the person or 
        entity to pay a civil penalty in an amount of not less than 
        $200 and not more than $2,000 for each individual with respect 
        to whom such violation occurred.
    ``(f) Informational Posters.--In the case where the Secretary of 
Homeland Security requires under this subtitle a person or other entity 
to display an informational poster, such poster shall be written only 
in English. The Secretary shall allow a person or other entity with 
less than 25 employees to meet any informational poster requirement by 
giving its employees a pamphlet meeting the same requirements and 
containing the same information as the poster.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 180 days after 
the date of the enactment of this Act.
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