I 

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 EVerify program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Improving Methods 

3 to Promote Regular Occurrences of the Verification of 

4 Employability Status Act of 2009’’. 

5 SEC. 2. MAKING THE E–VERIFY PROGRAM PERMANENT. 

6 (a) PERMANENCE.—Section 401(b) of the Illegal Im7 migration Reform and Immigrant Responsibility Act of 

8 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a 

9 note) is amended— 

10 (1) in the subsection heading, by striking ‘‘; 

11 TERMINATION’’; and 

12 (2) by striking the second sentence and insert13 ing the following: ‘‘The programs provided for under 

14 this subtitle shall not have a termination date.’’. 

15 (b) PILOT PROGRAM REFERENCES.—Section 

16 401(d)(1) of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (division C of Public Law 

18 104–208; 8 U.S.C. 1324a note) is amended— 

19 (1) in the paragraph heading by striking 

20 ‘‘PILOT PROGRAM’’ and inserting ‘‘PROGRAM’’; and 

21 (2) by striking ‘‘3 pilot’’. 


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1 SEC. 3. VERIFICATION OF CURRENT AND NEWLY HIRED 

2 EMPLOYEES; PROTECTION FROM LIABILITY 

3 FOR EMPLOYERS VERIFYING EMPLOYEES; IN4 FORMATIONAL POSTERS. 

5 Section 403 of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (division C of Pub7 lic Law 104–208; 8 U.S.C. 1324a note) is amended— 

8 (1) in subsection (a)(3)(A), by adding at the 

9 end the following: ‘‘The person or other entity may 

10 wait for confirmation of the individual’s identity and 

11 work eligibility before beginning to pay or train the 

12 individual.’’; 

13 (2) in subsection (a)(3), by adding at the end 

14 the following: 

15 ‘‘(C) CURRENT EMPLOYEES.—Not later 

16 than 14 business days after beginning to par17 ticipate in the program, a person or other entity 

18 may use the program to verify the employment 

19 authorization of an employee hired prior to the 

20 participation in the program only if the person 

21 or other entity verifies the employment author22 ization of every employee hired prior to the par23 ticipation in the program.’’; 

24 (3) in subsection (a)(4)(B)(iii), by inserting 

25 after ‘‘until a nonconfirmation becomes final’’ the 

26 following: ‘‘and the individual exhausts any adminisVerDate Nov 24 2008 03:13 Oct 01, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3676.IH H3676

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1 trative or judicial review if the individual initiates 

2 such review.’’; 

3 (4) in subsection (d), by striking ‘‘through the 

4 confirmation system.’’ and inserting the following: 

5 ‘‘through the confirmation system if— 

6 ‘‘(1) such action occurred due to an error in the 

7 program that was unknown to the employer at the 

8 time of such action; and 

9 ‘‘(2) the person or other entity terminates the 

10 employment of the individual upon being informed of 

11 the error.’’; and 

12 (5) by adding at the end the following: 

13 ‘‘(e) USE OF FRAUDULENT DOCUMENTATION AND

14 SANCTIONS.— 

15 ‘‘(1) FRAUDULENT DOCUMENTATION.—Each 

16 instance of a person or other entity participating in 

17 the program who employs an unauthorized individual 

18 after providing or accepting documentation the per19 son or entity knows to be fraudulent shall— 

20 ‘‘(A) be treated as a violation of section 

21 274A(a)(1)(B) of the Immigration and Nation22 ality Act (8 U.S.C. 1324A(a)(1)(B)) with re23 spect to each offense; and 

24 ‘‘(B) create a rebuttable presumption that 

25 the employer has violated section 274A(a)(1)(A) 


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1 of the Immigration and Nationality Act (8 

2 U.S.C. 1324A(a)(1)(A)). 

3 ‘‘(2) SANCTIONS.—Notwithstanding the 

4 amounts specified in section 274A(e)(5) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1324A(e)(5)), the applicable civil monetary penalty 

7 for a violation under this subsection shall require the 

8 person or entity to pay a civil penalty in an amount 

9 of not less than $200 and not more than $2,000 for 

10 each individual with respect to whom such violation 

11 occurred. 

12 ‘‘(f) INFORMATIONAL POSTERS.—In the case where 

13 the Secretary of Homeland Security requires under this 

14 subtitle a person or other entity to display an informa15 tional poster, such poster shall be written only in English. 

16 The Secretary shall allow a person or other entity with 

17 less than 25 employees to meet any informational poster 

18 requirement by giving its employees a pamphlet meeting 

19 the same requirements and containing the same informa20 tion as the poster.’’. 

21 SEC. 4. EFFECTIVE DATE. 

22 The amendments made by this Act shall take effect 

23 180 days after the date of the enactment of this Act. 

Æ 


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