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 Ari-
zona, Mr. BILBRAY, Mr. PITTS, and Mr. BARTLETT) introduced the fol-
lowing 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 consider-
ation 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 E- 
Verify program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Methods 
to Promote Regular Occurrences of the Verification of 
Employability Status Act of 2009’’. 
SEC. 2. MAKING THE E–VERIFY PROGRAM PERMANENT. 
(a) PERMANENCE.—Section 401(b) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 1324a 
note) is amended— 
(1) in the subsection heading, by striking ‘‘; 
TERMINATION’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The programs provided for under 
this subtitle shall not have a termination date.’’. 
(b) 
PILOT
PROGRAM
REFERENCES.—Section 
401(d)(1) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Public Law 
104–208; 8 U.S.C. 1324a note) is amended— 
(1) in the paragraph heading by striking 
‘‘PILOT PROGRAM’’ and inserting ‘‘PROGRAM’’; and 
(2) by striking ‘‘3 pilot’’. 
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SEC. 3. VERIFICATION OF CURRENT AND NEWLY HIRED 
EMPLOYEES; PROTECTION FROM LIABILITY 
FOR EMPLOYERS VERIFYING EMPLOYEES; IN-
FORMATIONAL POSTERS. 
Section 403 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note) is amended— 
(1) in subsection (a)(3)(A), by adding at the 
end the following: ‘‘The person or other entity may 
wait for confirmation of the individual’s identity and 
work eligibility before beginning to pay or train the 
individual.’’; 
(2) in subsection (a)(3), by adding at the end 
the following: 
‘‘(C) CURRENT
EMPLOYEES.—Not later 
than 14 business days after beginning to par-
ticipate in the program, a person or other entity 
may use the program to verify the employment 
authorization of an employee hired prior to the 
participation in the program only if the person 
or other entity verifies the employment author-
ization of every employee hired prior to the par-
ticipation in the program.’’; 
(3) in subsection (a)(4)(B)(iii), by inserting 
after ‘‘until a nonconfirmation becomes final’’ the 
following: ‘‘and the individual exhausts any adminis-
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trative or judicial review if the individual initiates 
such review.’’; 
(4) in subsection (d), by striking ‘‘through the 
confirmation system.’’ and inserting the following: 
‘‘through the confirmation system if— 
‘‘(1) such action occurred due to an error in the 
program that was unknown to the employer at the 
time of such action; and 
‘‘(2) the person or other entity terminates the 
employment of the individual upon being informed of 
the error.’’; and 
(5) by adding at the end the following: 
‘‘(e) USE OF FRAUDULENT DOCUMENTATION AND 
SANCTIONS.— 
‘‘(1) FRAUDULENT
DOCUMENTATION.—Each 
instance of a person or other entity participating in 
the program who employs an unauthorized individual 
after providing or accepting documentation the per-
son or entity knows to be fraudulent shall— 
‘‘(A) be treated as a violation of section 
274A(a)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1324A(a)(1)(B)) with re-
spect to each offense; and 
‘‘(B) create a rebuttable presumption that 
the employer has violated section 274A(a)(1)(A) 
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of the Immigration and Nationality Act (8 
U.S.C. 1324A(a)(1)(A)). 
‘‘(2) 
SANCTIONS.—Notwithstanding 
the 
amounts specified in section 274A(e)(5) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324A(e)(5)), the applicable civil monetary penalty 
for a violation under this subsection shall require the 
person or entity to pay a civil penalty in an amount 
of not less than $200 and not more than $2,000 for 
each individual with respect to whom such violation 
occurred. 
‘‘(f) INFORMATIONAL POSTERS.—In the case where 
the Secretary of Homeland Security requires under this 
subtitle a person or other entity to display an informa-
tional poster, such poster shall be written only in English. 
The Secretary shall allow a person or other entity with 
less than 25 employees to meet any informational poster 
requirement by giving its employees a pamphlet meeting 
the same requirements and containing the same informa-
tion as the poster.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
180 days after the date of the enactment of this Act. 
Æ 
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