I 

111TH CONGRESS 

1ST SESSION H. R. 2679 

To extend certain immigration programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2009 

Ms. GIFFORDS 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 extend certain immigration programs, 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. E-VERIFY PROGRAM. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Employee Verification Amendment Act of 2009’’. 

6 (b) EXTENSION OF PROGRAM.—Section 401(b) of the 

7 Illegal Immigration Reform and Immigrant Responsibility 

8 Act of 1996 (8 U.S.C. 1324a note) is amended by striking 

9 ‘‘at the end of the 11-year period beginning on the first 


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1 day the pilot program is in effect.’’ and inserting ‘‘on Sep2 tember 30, 2014.’’. 

3 (c) PROTECTION OF SOCIAL SECURITY ADMINISTRA4 TION PROGRAMS.— 

5 (1) FUNDING UNDER AGREEMENT.—Effective 

6 for fiscal years beginning on or after October 1, 

7 2008, the Commissioner of Social Security and the 

8 Secretary of Homeland Security shall enter into and 

9 maintain an agreement which shall— 

10 (A) provide funds to the Commissioner for 

11 the full costs of the responsibilities of the Com12 missioner under section 404 of the Illegal Im13 migration Reform and Immigrant Responsibility 

14 Act of 1996 (8 U.S.C. 1324a note), including 

15 (but not limited to)— 

16 (i) acquiring, installing, and maintain17 ing technological equipment and systems 

18 necessary for the fulfillment of the respon19 sibilities of the Commissioner under such 

20 section 404, but only that portion of such 

21 costs that are attributable exclusively to 

22 such responsibilities; and 

23 (ii) responding to individuals who con24 test a tentative nonconfirmation provided 


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1 by the basic pilot confirmation system es2 tablished under such section; 

3 (B) provide such funds quarterly in ad4 vance of the applicable quarter based on esti5 mating methodology agreed to by the Commis6 sioner and the Secretary (except in such in7 stances where the delayed enactment of an an8 nual appropriation may preclude such quarterly 

9 payments); and 

10 (C) require an annual accounting and rec11 onciliation of the actual costs incurred and the 

12 funds provided under the agreement, which 

13 shall be reviewed by the Office of Inspector 

14 General of the Social Security Administration 

15 and the Department of Homeland Security. 

16 (2) CONTINUATION OF EMPLOYMENT

17 VERIFICATION IN ABSENCE OF TIMELY AGREE18 MENT.—In any case in which the agreement re19 quired under paragraph (1) for any fiscal year be20 ginning on or after October 1, 2008, has not been 

21 reached as of October 1 of such fiscal year, the lat22 est agreement between the Commissioner and the 

23 Secretary of Homeland Security providing for fund24 ing to cover the costs of the responsibilities of the 

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1 gration Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1324a note) shall be deemed in ef3 fect on an interim basis for such fiscal year until 

4 such time as an agreement required under para5 graph (1) is subsequently reached, except that the 

6 terms of such interim agreement shall be modified 

7 by the Director of the Office of Management and 

8 Budget to adjust for inflation and any increase or 

9 decrease in the volume of requests under the basic 

10 pilot confirmation system. In any case in which an 

11 interim agreement applies for any fiscal year under 

12 this subsection, the Commissioner and the Secretary 

13 shall, not later than October 1 of such fiscal year, 

14 notify the Committee on Ways and Means, the Com15 mittee on the Judiciary, and the Committee on Ap16 propriations of the House of Representatives and the 

17 Committee on Finance, the Committee on the Judi18 ciary, and the Committee on Appropriations of the 

19 Senate of the failure to reach the agreement re20 quired under paragraph (1) for such fiscal year. 

21 Until such time as the agreement required under 

22 paragraph (1) has been reached for such fiscal year, 

23 the Commissioner and the Secretary shall, not later 

24 than the end of each 90-day period after October 1 

25 of such fiscal year, notify such Committees of the 


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1 status of negotiations between the Commissioner 

2 and the Secretary in order to reach such an agree3 ment. 

4 (d) GAO STUDY OF BASIC PILOT CONFIRMATION

5 SYSTEM.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the date of the enactment of this Act, the Comp8 troller General of the United States shall conduct a 

9 study regarding erroneous tentative nonconfirma10 tions under the basic pilot confirmation system es11 tablished under section 404(a) of the Illegal Immi12 gration Reform and Immigrant Responsibility Act of 

13 1996 (8 U.S.C. 1324a note). 

14 (2) MATTERS TO BE STUDIED.—In the study 

15 required under paragraph (1), the Comptroller Gen16 eral shall determine and analyze— 

17 (A) the causes of erroneous tentative non18 confirmations under the basic pilot confirmation 

19 system; 

20 (B) the processes by which such erroneous 

21 tentative nonconfirmations are remedied; and 

22 (C) the effect of such erroneous tentative 

23 nonconfirmations on individuals, employers, and 

24 Federal agencies. 


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1 (3) REPORT.—Not later than 2 years after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit the results of the study re4 quired under paragraph (1) to the Committee on 

5 Ways and Means and the Committee on the Judici6 ary of the House of Representatives and the Com7 mittee on Finance and the Committee on the Judici8 ary of the Senate. 

9 (e) GAO STUDY OF EFFECTS OF BASIC PILOT ON

10 SMALL ENTITIES.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of the enactment of this Act, the Comp13 troller General of the United States shall submit to 

14 the Committees on the Judiciary of the House of 

15 Representatives and the Senate a report containing 

16 the Comptroller General’s analysis of the effects of 

17 the basic pilot program described in section 403(a) 

18 of the Illegal Immigration Reform and Immigrant 

19 Responsibility Act of 1996 (8 U.S.C. 1324a note) on 

20 small entities (as defined in section 601 of title 5, 

21 United States Code). The report shall detail— 

22 (A) the costs of compliance with such pro23 gram on small entities; 

24 (B) a description and an estimate of the 

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1 pating in such program or an explanation of 

2 why no such estimate is available; 

3 (C) the projected reporting, recordkeeping 

4 and other compliance requirements of such pro5 gram on small entities; 

6 (D) factors that impact small entities’ en7 rollment and participation in such program, in8 cluding access to appropriate technology, geog9 raphy, entity size, and class of entity; and 

10 (E) the steps, if any, the Secretary of 

11 Homeland Security has taken to minimize the 

12 economic impact of participating in such pro13 gram on small entities. 

14 (2) DIRECT AND INDIRECT EFFECTS.—The re15 port shall cover, and treat separately, direct effects 

16 (such as wages, time, and fees spent on compliance) 

17 and indirect effects (such as the effect on cash flow, 

18 sales, and competitiveness). 

19 (3) SPECIFIC CONTENTS.—The report shall pro20 vide specific and separate details with respect to— 

21 (A) small businesses (as defined in section 

22 601 of title 5, United States Code) with fewer 

23 than 50 employees; and 

24 (B) small entities operating in States that 

25 have mandated use of the basic pilot program. 


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1 SEC. 2. EB–5 REGIONAL CENTER PILOT PROGRAM. 

2 Section 610(b) of the Departments of Commerce, 

3 Justice, and State, the Judiciary, and Related Agencies 

4 Appropriations Act, 1993 (8 U.S.C. 1153 note) is amend5 ed by striking ‘‘shall set aside’’ and all that follows 

6 through ‘‘eligible for admission’’ and inserting ‘‘shall set 

7 aside 3,000 visas annually for fiscal years through fiscal 

8 year 2014 to include such aliens as are eligible for admis9 sion’’. 

10 SEC. 3. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

11 WORKER PROGRAM. 

12 Subclauses (II) and (III) of section 101(a)(27)(C)(ii) 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(27)(C)(ii)) are amended by striking ‘‘September 

15 30, 2009,’’ each place such term appears and inserting 

16 ‘‘September 30, 2014,’’. 

17 SEC. 4. WAIVER OF FOREIGN COUNTRY RESIDENCE RE18 QUIREMENT WITH RESPECT TO INTER19 NATIONAL MEDICAL GRADUATES. 

20 Section 220(c) of the Immigration and Nationality 

21 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

22 is amended by striking ‘‘September 30, 2009’’ and insert23 ing ‘‘September 30, 2014’’. 

Æ 


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