[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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