I 

112TH CONGRESS 

1ST SESSION H. R. 3160 

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 

OCTOBER 12, 2011 

Mr. BROUN of Georgia introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, 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, 

3 SECTION 1. SHORT TITLE. 

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

5 to Promote Regular Occurrences of the Verification of 

6 Employability Status Act of 2011’’. 


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

2 (a) PERMANENCE.—Section 401(b) of the Illegal Im3 migration Reform and Immigrant Responsibility Act of 

4 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a 

5 note) is amended— 

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

7 TERMINATION’’; and 

8 (2) by striking the second sentence and insert9 ing the following: ‘‘The programs provided for under 

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

11 (b) PILOT PROGRAM REFERENCES.—Section 

12 401(d)(1) of the Illegal Immigration Reform and Immi13 grant Responsibility Act of 1996 (division C of Public Law 

14 104–208; 8 U.S.C. 1324a note) is amended— 

15 (1) in the paragraph heading by striking 

16 ‘‘PILOT PROGRAM’’ and inserting ‘‘PROGRAM’’; and 

17 (2) by striking ‘‘3 pilot’’. 

18 SEC. 3. VERIFICATION OF CURRENT AND NEWLY HIRED 

19 EMPLOYEES; PROTECTION FROM LIABILITY 

20 FOR EMPLOYERS VERIFYING EMPLOYEES; IN21 FORMATIONAL POSTERS. 

22 Section 403 of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996 (division C of Pub24 lic Law 104–208; 8 U.S.C. 1324a note) is amended— 

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

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


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1 wait for confirmation of the individual’s identity and 

2 work eligibility before beginning to pay or train the 

3 individual.’’; 

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

5 the following: 

6 ‘‘(C) CURRENT EMPLOYEES.—Not later 

7 than 14 business days after beginning to par8 ticipate in the program, a person or other entity 

9 may use the program to verify the employment 

10 authorization of an employee hired prior to the 

11 participation in the program only if the person 

12 or other entity verifies the employment author13 ization of every employee hired prior to the par14 ticipation in the program.’’; 

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

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

17 following: ‘‘and the individual exhausts any adminis18 trative or judicial review if the individual initiates 

19 such review.’’; 

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

21 confirmation system.’’ and inserting the following: 

22 ‘‘through the confirmation system if— 

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

24 program that was unknown to the employer at the 

25 time of such action; and 


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

2 employment of the individual upon being informed of 

3 the error.’’; and 

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

5 ‘‘(e) USE OF FRAUDULENT DOCUMENTATION AND

6 SANCTIONS.— 

7 ‘‘(1) FRAUDULENT DOCUMENTATION.—Each 

8 instance of a person or other entity participating in 

9 the program who employs an unauthorized individual 

10 after providing or accepting documentation the per11 son or entity knows to be fraudulent shall— 

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

13 274A(a)(1)(B) of the Immigration and Nation14 ality Act (8 U.S.C. 1324A(a)(1)(B)) with re15 spect to each offense; and 

16 ‘‘(B) create a rebuttable presumption that 

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

18 of the Immigration and Nationality Act (8 

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

20 ‘‘(2) SANCTIONS.—Notwithstanding the 

21 amounts specified in section 274A(e)(5) of the Im22 migration and Nationality Act (8 U.S.C. 

23 1324A(e)(5)), the applicable civil monetary penalty 

24 for a violation under this subsection shall require the 

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


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

2 each individual with respect to whom such violation 

3 occurred. 

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

5 the Secretary of Homeland Security requires under this 

6 subtitle a person or other entity to display an informa7 tional poster, such poster shall be written only in English. 

8 The Secretary shall allow a person or other entity with 

9 less than 25 employees to meet any informational poster 

10 requirement by giving its employees a pamphlet meeting 

11 the same requirements and containing the same informa12 tion as the poster.’’. 

13 SEC. 4. EFFECTIVE DATE. 

14 The amendments made by this Act shall take effect 

15 180 days after the date of the enactment of this Act. 

Æ 


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