I 

111TH CONGRESS 

1ST SESSION H. R. 662 

To evaluate and extend the basic pilot program for employment eligibility 

confirmation and to ensure the protection of Social Security beneficiaries. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2009 

Ms. GIFFORDS (for herself, Ms. KIRKPATRICK of Arizona, Mr. MOORE of Kansas, Mr. SAM JOHNSON of Texas, Mr. SHULER, Mr. CALVERT, Mr. 

BILBRAY, and Mr. ELLSWORTH) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor and Ways and Means, 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 evaluate and extend the basic pilot program for employment eligibility confirmation and to ensure the protection 

of Social Security beneficiaries. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employee Verification 

5 Amendment Act of 2009’’. 


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1 SEC. 2. EXTENSION OF PROGRAMS. 

2 Section 401(b) of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

4 note) is amended by striking ‘‘11-year period’’ and insert5 ing ‘‘16-year period’’. 

6 SEC. 3. PROTECTION OF SOCIAL SECURITY ADMINISTRA7 TION PROGRAMS. 

8 (a) FUNDING UNDER AGREEMENT.—Effective for 

9 fiscal years beginning on or after October 1, 2008, the 

10 Commissioner of Social Security and the Secretary of 

11 Homeland Security shall enter into and maintain an 

12 agreement which shall— 

13 (1) provide funds to the Commissioner for the 

14 full costs of the responsibilities of the Commissioner 

15 under section 404 of the Illegal Immigration Reform 

16 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

17 1324a note), including (but not limited to)— 

18 (A) acquiring, installing, and maintaining 

19 technological equipment and systems necessary 

20 for the fulfillment of the responsibilities of the 

21 Commissioner under such section 404, but only 

22 that portion of such costs that are attributable 

23 exclusively to such responsibilities; and 

24 (B) responding to individuals who contest 

25 a tentative nonconfirmation provided by the 


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1 basic pilot confirmation system established 

2 under such section; 

3 (2) provide such funds quarterly in advance of 

4 the applicable quarter based on estimating method5 ology agreed to by the Commissioner and the Sec6 retary (except in such instances where the delayed 

7 enactment of an annual appropriation may preclude 

8 such quarterly payments); and 

9 (3) require an annual accounting and reconcili10 ation of the actual costs incurred and the funds pro11 vided under the agreement, which shall be reviewed 

12 by the Office of Inspector General of the Social Se13 curity Administration and the Department of Home14 land Security. 

15 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

16 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

17 which the agreement required under subsection (a) for any 

18 fiscal year beginning on or after October 1, 2008, has not 

19 been reached as of October 1 of such fiscal year, the latest 

20 agreement between the Commissioner and the Secretary 

21 of Homeland Security providing for funding to cover the 

22 costs of the responsibilities of the Commissioner under 

23 section 404 of the Illegal Immigration Reform and Immi24 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

25 shall be deemed in effect on an interim basis for such fisVerDate Nov 24 2008 23:54 Jan 23, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H662.IH H662

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1 cal year until such time as an agreement required under 

2 subsection (a) is subsequently reached, except that the 

3 terms of such interim agreement shall be modified by the 

4 Director of the Office of Management and Budget to ad5 just for inflation and any increase or decrease in the vol6 ume of requests under the basic pilot confirmation system. 

7 In any case in which an interim agreement applies for any 

8 fiscal year under this subsection, the Commissioner and 

9 the Secretary shall, not later than October 1 of such fiscal 

10 year, notify the Committee on Ways and Means, the Com11 mittee on the Judiciary, and the Committee on Appropria12 tions of the House of Representatives and the Committee 

13 on Finance, the Committee on the Judiciary, and the 

14 Committee on Appropriations of the Senate of the failure 

15 to reach the agreement required under subsection (a) for 

16 such fiscal year. Until such time as the agreement re17 quired under subsection (a) has been reached for such fis18 cal year, the Commissioner and the Secretary shall, not 

19 later than the end of each 90-day period after October 

20 1 of such fiscal year, notify such Committees of the status 

21 of negotiations between the Commissioner and the Sec22 retary in order to reach such an agreement. 


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1 SEC. 4. GAO STUDY OF BASIC PILOT CONFIRMATION SYS2 TEM. 

3 (a) IN GENERAL.—As soon as practicable after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall conduct a study regarding erro6 neous tentative nonconfirmations under the basic pilot 

7 confirmation system established under section 404(a) of 

8 the Illegal Immigration Reform and Immigrant Responsi9 bility Act of 1996 (8 U.S.C. 1324a note). 

10 (b) MATTERS TO BE STUDIED.—In the study re11 quired under subsection (a), the Comptroller General shall 

12 determine and analyze— 

13 (1) the causes of erroneous tentative noncon14 firmations under the basic pilot confirmation system; 

15 (2) the processes by which such erroneous ten16 tative nonconfirmations are remedied; and 

17 (3) the effect of such erroneous tentative non18 confirmations on individuals, employers, and Federal 

19 agencies. 

20 (c) REPORT.—Not later than 2 years after the date 

21 of the enactment of this Act, the Comptroller General shall 

22 submit the results of the study required under subsection 

23 (a) to the Committee on Ways and Means and the Com24 mittee on the Judiciary of the House of Representatives 

25 and the Committee on Finance and the Committee on the 

26 Judiciary of the Senate. 


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1 SEC. 5. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM 

2 ON SMALL ENTITIES. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall submit to the Committees on 

6 the Judiciary of the United States House of Representa7 tives and the Senate a report containing the Comptroller 

8 General’s analysis of the effects of the basic pilot program 

9 described in section 403(a) of the Illegal Immigration Re10 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

11 1324a note) on small entities (as defined in section 601 

12 of title 5, United States Code). The report shall detail— 

13 (1) the costs of compliance with such program 

14 on small entities; 

15 (2) a description and an estimate of the number 

16 of small entities enrolled and participating in such 

17 program or an explanation of why no such estimate 

18 is available; 

19 (3) the projected reporting, recordkeeping and 

20 other compliance requirements of such program on 

21 small entities; 

22 (4) factors that impact small entities’ enroll23 ment and participation in such program, including 

24 access to appropriate technology, geography, entity 

25 size, and class of entity; and 


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1 (5) the steps, if any, the Secretary of Homeland 

2 Security has taken to minimize the economic impact 

3 of participating in such program on small entities. 

4 (b) DIRECT AND INDIRECT EFFECTS.—The report 

5 shall cover, and treat separately, direct effects (such as 

6 wages, time, and fees spent on compliance) and indirect 

7 effects (such as the effect on cash flow, sales, and competi8 tiveness). 

9 (c) SPECIFIC CONTENTS.—The report shall provide 

10 specific and separate details with respect to— 

11 (1) small businesses (as defined in section 601 

12 of title 5, United States Code) with fewer than 50 

13 employees; and 

14 (2) small entities operating in States that have 

15 mandated use of the basic pilot program. 

Æ 


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