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 Kan-
sas, 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 Com-
mittees on Education and Labor and Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To evaluate and extend the basic pilot program for employ-
ment eligibility confirmation and to ensure the protection 
of Social Security beneficiaries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employee Verification 
Amendment Act of 2009’’. 
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SEC. 2. EXTENSION OF PROGRAMS. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended by striking ‘‘11-year period’’ and insert-
ing ‘‘16-year period’’. 
SEC. 3. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) 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— 
(1) 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)— 
(A) 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 
(B) responding to individuals who contest 
a tentative nonconfirmation provided by the 
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basic pilot confirmation system established 
under such section; 
(2) provide such funds quarterly in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Office of Inspector General of the Social Se-
curity Administration and the Department of Home-
land Security. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) 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 Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
shall be deemed in effect on an interim basis for such fis-
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cal year until such time as an agreement required under 
subsection (a) 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 ad-
just for inflation and any increase or decrease in the vol-
ume 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 Com-
mittee on the Judiciary, and the Committee on Appropria-
tions 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 subsection (a) for 
such fiscal year. Until such time as the agreement re-
quired under subsection (a) has been reached for such fis-
cal 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 Sec-
retary in order to reach such an agreement. 
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SEC. 4. GAO STUDY OF BASIC PILOT CONFIRMATION SYS-
TEM. 
(a) 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 erro-
neous tentative nonconfirmations under the basic pilot 
confirmation system established under section 404(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note). 
(b) MATTERS TO BE STUDIED.—In the study re-
quired under subsection (a), the Comptroller General shall 
determine and analyze— 
(1) the causes of erroneous tentative noncon-
firmations under the basic pilot confirmation system; 
(2) the processes by which such erroneous ten-
tative nonconfirmations are remedied; and 
(3) the effect of such erroneous tentative non-
confirmations on individuals, employers, and Federal 
agencies. 
(c) 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 subsection 
(a) to the Committee on Ways and Means and the Com-
mittee on the Judiciary of the House of Representatives 
and the Committee on Finance and the Committee on the 
Judiciary of the Senate. 
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SEC. 5. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM 
ON SMALL ENTITIES. 
(a) 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 United States House of Representa-
tives 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 Re-
form 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— 
(1) the costs of compliance with such program 
on small entities; 
(2) 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; 
(3) the projected reporting, recordkeeping and 
other compliance requirements of such program on 
small entities; 
(4) factors that impact small entities’ enroll-
ment and participation in such program, including 
access to appropriate technology, geography, entity 
size, and class of entity; and 
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(5) the steps, if any, the Secretary of Homeland 
Security has taken to minimize the economic impact 
of participating in such program on small entities. 
(b) 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 competi-
tiveness). 
(c) SPECIFIC CONTENTS.—The report shall provide 
specific and separate details with respect to— 
(1) small businesses (as defined in section 601 
of title 5, United States Code) with fewer than 50 
employees; and 
(2) small entities operating in States that have 
mandated use of the basic pilot program. 
Æ 
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