Thread: Rep. Broun Introduces Improving Methods to Promote Regular

Rep. Broun Introduces Improving Methods to Promote Regular Occurrences of the Verification of Employability Status Act

US Fed News
December 7, 2009
WASHINGTON, D.C.

WASHINGTON, Dec. 7 -- Rep. Paul C. Broun, R- Georgia, has introduced the Improving Methods to Promote Regular Occurrences of the Verification of Employability Status Act of 2009 (H.R. 3676), legislation that would "amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make permanent the E-Verify program."

The bill introduced on Sept. 30, has 21 co-sponsors. It was referred to the House Judiciary, and Education and Labor Committee.

A copy of the full-text of the legislation follows:

Improving Methods to Promote Regular Occurrences of the Verification of Employability Status Act of 2009

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.

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

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 Immigration 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 inserting 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 Immigrant 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'.

SEC. 3. VERIFICATION OF CURRENT AND NEWLY HIRED EMPLOYEES; PROTECTION FROM LIABILITY FOR EMPLOYERS VERIFYING EMPLOYEES; INFORMATIONAL POSTERS.

Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public 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 participate 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 authorization of every employee hired prior to the participation 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 administrative 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 person or entity knows to be fraudulent shall--

'(A) be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324A(a)(1)(B)) with respect to each offense; and

'(B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A) 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 Immigration 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 informational 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 information 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.

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Lets wait and see if it actually moves forward. For some reason I have my doubts.

List of current co-sponsors -

H.R.3676
Title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make permanent the E-Verify Program, and for other purposes.
Sponsor: Rep Broun, Paul C. [GA-10] (introduced 9/30/2009) Cosponsors (27)
Latest Major Action: 11/16/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Workforce Protections.
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COSPONSORS(27), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)

Rep Akin, W. Todd [MO-2] - 9/30/2009
Rep Alexander, Rodney [LA-5] - 10/15/2009
Rep Bachmann, Michele [MN-6] - 9/30/2009
Rep Barrett, J. Gresham [SC-3] - 10/13/2009
Rep Bartlett, Roscoe G. [MD-6] - 9/30/2009
Rep Bilbray, Brian P. [CA-50] - 9/30/2009
Rep Bishop, Rob [UT-1] - 9/30/2009
Rep Blackburn, Marsha [TN-7] - 10/8/2009
Rep Chaffetz, Jason [UT-3] - 9/30/2009
Rep Deal, Nathan [GA-9] - 9/30/2009
Rep Duncan, John J., Jr. [TN-2] - 10/8/2009
Rep Fleming, John [LA-4] - 9/30/2009
Rep Franks, Trent [AZ-2] - 9/30/2009
Rep Gallegly, Elton [CA-24] - 10/8/2009
Rep Gingrey, Phil [GA-11] - 9/30/2009
Rep Gohmert, Louie [TX-1] - 9/30/2009
Rep Kingston, Jack [GA-1] - 9/30/2009
Rep Lamborn, Doug [CO-5] - 9/30/2009
Rep Luetkemeyer, Blaine [MO-9] - 9/30/2009
Rep Manzullo, Donald A. [IL-16] - 9/30/2009
Rep Marchant, Kenny [TX-24] - 9/30/2009
Rep Miller, Jeff [FL-1] - 9/30/2009
Rep Neugebauer, Randy [TX-19] - 9/30/2009
Rep Pitts, Joseph R. [PA-16] - 9/30/2009
Rep Shadegg, John B. [AZ-3] - 10/8/2009 Rep Tiahrt, Todd [KS-4] - 9/30/2009
Rep Wamp, Zach [TN-3] - 9/30/2009

http://thomas.loc.gov/cgi-bin/bdquery/z ... 03676:@@@P