To extend certain immigration programs, and for other purposes.

SECTION 1. E-VERIFY PROGRAM.

    (a) Short Title.--This section may be cited as the ``Employee 
Verification Amendment Act of 2009''.
    (b) Extension of Program.--Section 401(b) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) is amended by striking ``at the end of the 11-year period 
beginning on the first day the pilot program is in effect.'' and 
inserting ``on September 30, 2014.''.
    (c) Protection of Social Security Administration Programs.--
            (1) Funding under agreement.--Effective for fiscal years 
        beginning on or after October 1, 2008, the Commissioner of 
        Social Security and the Secretary of Homeland Security shall 
        enter into and maintain an agreement which shall--
                    (A) provide funds to the Commissioner for the full 
                costs of the responsibilities of the Commissioner under 
                section 404 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note), including (but not limited to)--
                            (i) acquiring, installing, and maintaining 
                        technological equipment and systems necessary 
                        for the fulfillment of the responsibilities of 
                        the Commissioner under such section 404, but 
                        only that portion of such costs that are 
                        attributable exclusively to such 
                        responsibilities; and
                            (ii) responding to individuals who contest 
                        a tentative nonconfirmation provided by the 
                        basic pilot confirmation system established 
                        under such section;
                    (B) provide such funds quarterly in advance of the 
                applicable quarter based on estimating methodology 
                agreed to by the Commissioner and the Secretary (except 
                in such instances where the delayed enactment of an 
                annual appropriation may preclude such quarterly 
                payments); and
                    (C) require an annual accounting and reconciliation 
                of the actual costs incurred and the funds provided 
                under the agreement, which shall be reviewed by the 
                Office of Inspector General of the Social Security 
                Administration and the Department of Homeland Security.
            (2) Continuation of employment verification in absence of 
        timely agreement.--In any case in which the agreement required 
        under paragraph (1) for any fiscal year beginning on or after 
        October 1, 2008, has not been reached as of October 1 of such 
        fiscal year, the latest agreement between the Commissioner and 
        the Secretary of Homeland Security providing for funding to 
        cover the costs of the responsibilities of the Commissioner 
        under section 404 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
        shall be deemed in effect on an interim basis for such fiscal 
        year until such time as an agreement required under paragraph 
        (1) is subsequently reached, except that the terms of such 
        interim agreement shall be modified by the Director of the 
        Office of Management and Budget to adjust for inflation and any 
        increase or decrease in the volume of requests under the basic 
        pilot confirmation system. In any case in which an interim 
        agreement applies for any fiscal year under this subsection, 
        the Commissioner and the Secretary shall, not later than 
        October 1 of such fiscal year, notify the Committee on Ways and 
        Means, the Committee on the Judiciary, and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Finance, the Committee on the Judiciary, and the 
        Committee on Appropriations of the Senate of the failure to 
        reach the agreement required under paragraph (1) for such 
        fiscal year. Until such time as the agreement required under 
        paragraph (1) has been reached for such fiscal year, the 
        Commissioner and the Secretary shall, not later than the end of 
        each 90-day period after October 1 of such fiscal year, notify 
        such Committees of the status of negotiations between the 
        Commissioner and the Secretary in order to reach such an 
        agreement.
    (d) GAO Study of Basic Pilot Confirmation System.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall conduct a study regarding erroneous 
        tentative nonconfirmations under the basic pilot confirmation 
        system established under section 404(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1324a note).
            (2) Matters to be studied.--In the study required under 
        paragraph (1), the Comptroller General shall determine and 
        analyze--
                    (A) the causes of erroneous tentative 
                nonconfirmations under the basic pilot confirmation 
                system;
                    (B) the processes by which such erroneous tentative 
                nonconfirmations are remedied; and
                    (C) the effect of such erroneous tentative 
                nonconfirmations on individuals, employers, and Federal 
                agencies.
            (3) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Comptroller General shall submit the 
        results of the study required under paragraph (1) to the 
        Committee on Ways and Means and the Committee on the Judiciary 
        of the House of Representatives and the Committee on Finance 
        and the Committee on the Judiciary of the Senate.
    (e) GAO Study of Effects of Basic Pilot on Small Entities.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committees on the Judiciary 
        of the House of Representatives and the Senate a report 
        containing the Comptroller General's analysis of the effects of 
        the basic pilot program described in section 403(a) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note) on small entities (as defined in 
        section 601 of title 5, United States Code). The report shall 
        detail--
                    (A) the costs of compliance with such program on 
                small entities;
                    (B) a description and an estimate of the number of 
                small entities enrolled and participating in such 
                program or an explanation of why no such estimate is 
                available;
                    (C) the projected reporting, recordkeeping and 
                other compliance requirements of such program on small 
                entities;
                    (D) factors that impact small entities' enrollment 
                and participation in such program, including access to 
                appropriate technology, geography, entity size, and 
                class of entity; and
                    (E) the steps, if any, the Secretary of Homeland 
                Security has taken to minimize the economic impact of 
                participating in such program on small entities.
            (2) Direct and indirect effects.--The report shall cover, 
        and treat separately, direct effects (such as wages, time, and 
        fees spent on compliance) and indirect effects (such as the 
        effect on cash flow, sales, and competitiveness).
            (3) Specific contents.--The report shall provide specific 
        and separate details with respect to--
                    (A) small businesses (as defined in section 601 of 
                title 5, United States Code) with fewer than 50 
                employees; and
                    (B) small entities operating in States that have 
                mandated use of the basic pilot program.

SEC. 2. EB-5 REGIONAL CENTER PILOT PROGRAM.

    Section 610(b) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 
1153 note) is amended by striking ``shall set aside'' and all that 
follows through ``eligible for admission'' and inserting ``shall set 
aside 3,000 visas annually for fiscal years through fiscal year 2014 to 
include such aliens as are eligible for admission''.

SEC. 3. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.

    Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are 
amended by striking ``September 30, 2009,'' each place such term 
appears and inserting ``September 30, 2014,''.

SEC. 4. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO 
              INTERNATIONAL MEDICAL GRADUATES.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking 
``September 30, 2009'' and inserting ``September 30, 2014''.

Summary: Employee Verification Amendment Act of 2009 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs until September 30, 2014. Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances. And (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement. Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program. And (2) such program's effects on small entities. Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to extend the alien investor (EB-5) regional center program through FY2014. Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until September 30, 2014. Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver program until September 30, 2014.