I 111th CONGRESS 1st Session H. R. 2679 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.

E-Verify program

(a)

Short title

This section may be cited as the Employee Verification Amendment Act of 2009. (b)

Extension of program

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking at the end of the 11-year period beginning on the first day the pilot program is in effect. and inserting on September 30, 2014.. (c)

Protection of Social Security Administration programs

(1)

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— (A)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)— (i)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 (ii)responding to individuals who contest a tentative nonconfirmation provided by the basic pilot confirmation system established under such section; (B)provide such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (C)require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Office of Inspector General of the Social Security Administration and the Department of Homeland Security. (2)

Continuation of employment verification in absence of timely agreement

In any case in which the agreement required under paragraph (1) 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 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under paragraph (1) 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 adjust for inflation and any increase or decrease in the volume 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 Committee on the Judiciary, and the Committee on Appropriations 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 paragraph (1) for such fiscal year. Until such time as the agreement required under paragraph (1) has been reached for such fiscal 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 Secretary in order to reach such an agreement. (d)

GAO study of basic pilot confirmation system

(1)

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 erroneous tentative nonconfirmations under the basic pilot confirmation system established under section 404(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (2)

Matters to be studied

In the study required under paragraph (1), the Comptroller General shall determine and analyze— (A)the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system; (B)the processes by which such erroneous tentative nonconfirmations are remedied; and (C)the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies. (3)

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 paragraph (1) to the Committee on Ways and Means and the Committee on the Judiciary of the House of Representatives and the Committee on Finance and the Committee on the Judiciary of the Senate. (e)

GAO study of effects of basic pilot on small entities

(1)

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 House of Representatives 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 Reform 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— (A)the costs of compliance with such program on small entities; (B)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; (C)the projected reporting, recordkeeping and other compliance requirements of such program on small entities; (D)factors that impact small entities’ enrollment and participation in such program, including access to appropriate technology, geography, entity size, and class of entity; and (E)the steps, if any, the Secretary of Homeland Security has taken to minimize the economic impact of participating in such program on small entities. (2)

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 competitiveness). (3)

Specific contents

The report shall provide specific and separate details with respect to— (A)small businesses (as defined in section 601 of title 5, United States Code) with fewer than 50 employees; and (B)small entities operating in States that have mandated use of the basic pilot program.

2.

EB–5 regional center pilot program

Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking shall set aside and all that follows through eligible for admission and inserting shall set aside 3,000 visas annually for fiscal years through fiscal year 2014 to include such aliens as are eligible for admission.

3.

Special immigrant nonminister religious worker program

Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are amended by striking September 30, 2009, each place such term appears and inserting September 30, 2014,.

4.

Waiver of foreign country residence requirement with respect to international medical graduates

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking September 30, 2009 and inserting September 30, 2014.