[Congressional Record Volume 155, Number 26 (Monday, February 9, 2009)]
[Senate]
[Pages S2029-S2030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 571. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 570 proposed by Mr. Reid (for Ms. Collins (for herself 
and Mr. Nelson of Nebraska)) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of division A, add the following:

                    TITLE XVII--IMMIGRATION MATTERS

     SEC. 1701. EXTENSION OF PILOT PROGRAMS FOR EMPLOYMENT 
                   ELIGIBILITY CONFIRMATION.

       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 by striking 
     ``11-year period'' and inserting ``16-year period''.

     SEC. 1702. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS RELATED TO PILOT PROGRAMS FOR 
                   EMPLOYMENT ELIGIBILITY CONFIRMATION.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Appropriations, the Committee on the 
     Judiciary, and the Committee on Ways and Means of the House 
     of Representatives.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Social Security.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program carried out under section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Funding Under Agreement.--For each fiscal year after 
     fiscal year 2008, the Commissioner and the Secretary shall 
     enter into an agreement that--
       (1) provides funds to the Commissioner for the full costs 
     of carrying out the responsibilities of the Commissioner 
     under the pilot program, including the costs of--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems to carry out such responsibilities, but 
     only the portion of such costs that are attributable 
     exclusively to such responsibilities; and
       (B) responding to individuals who contest tentative 
     nonconfirmations provided by the confirmation system 
     established pursuant to the pilot program;
       (2) provides such funds to the Commissioner quarterly, in 
     advance of the applicable quarter, based on estimating 
     methodology agreed to by the Commissioner and the Secretary; 
     and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred by the Commissioner to carry out such 
     responsibilities and the funds provided under the agreement 
     that shall be reviewed by the Office of the Inspector General 
     in the Social Security Administration and in the Department 
     of Homeland Security.
       (c) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) Continuation of previous agreement.--
       (A) In general.--Subject to subparagraph (B), if the 
     agreement required under subsection (b) for a fiscal year is 
     not reached as of the first day of such fiscal year, the most 
     recent previous agreement between the Commissioner and the 
     Secretary to provide funds to the Commissioner for carrying 
     out the responsibilities of the Commissioner under the pilot 
     program shall be deemed to remain in effect until the date 
     that the agreement required under subsection (b) for such 
     fiscal year becomes effective.
       (B) Annual adjustment.--If the most recent previous 
     agreement is deemed to remain in effect for a fiscal year 
     under subparagraph (A), the Director of the Office of 
     Management and Budget is authorized to modify the amount 
     provided under such agreement for such fiscal year to account 
     for--
       (i) inflation; or
       (ii) any increase or decrease in the number of individuals 
     who require services from the Commissioner under the pilot 
     program.
       (2) Notification of congress.--If the most recent previous 
     agreement is deemed to remain in effect under paragraph 
     (1)(A) for a fiscal year, the Commissioner and the Secretary 
     shall--
       (A) not later than the first day of such fiscal year, 
     submit to the appropriate committees of Congress a 
     notification of the failure to reach the agreement required 
     under subsection (b) for such fiscal year; and
       (B) once during each 90-day period until the date that the 
     agreement required under subsection (b) has been reached for 
     such fiscal year, submit to the appropriate committees of 
     Congress a notification of the status of negotiations between 
     the Commissioner and the Secretary to reach such an 
     agreement.

[[Page S2030]]

     SEC. 1703. STUDY AND REPORT OF ERRONEOUS RESPONSES SENT UNDER 
                   THE PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY 
                   CONFIRMATION.

       (a) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study of the erroneous tentative 
     nonconfirmations sent to individuals seeking confirmation of 
     employment eligibility under the pilot program established 
     under section 404 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note).
       (b) Matters To Be Studied.--The study required by 
     subsection (a) shall include an analysis of--
       (1) the causes of erroneous tentative nonconfirmations sent 
     to individuals under the pilot program referred to in 
     subsection (a);
       (2) the processes by which such erroneous tentative 
     nonconfirmations are remedied; and
       (3) the effect of such erroneous tentative nonconfirmations 
     on individuals, employers, and agencies and departments of 
     the United States.
       (c) Report.--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 Committee on Finance and the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary and the Committee on Ways and Means of the 
     House of Representatives a report on the results of the study 
     required by this section.

     SEC. 1704. STUDY AND REPORT OF THE EFFECTS OF THE PILOT 
                   PROGRAM FOR EMPLOYMENT ELIGIBILITY CONFIRMATION 
                   ON SMALL ENTITIES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate; and
       (B) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program described in section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Small entity.--The term ``small entity'' has the 
     meaning given that term in section 601 of title 5, United 
     States Code.
       (b) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General shall conduct 
     a study of the effects of the pilot on small entities.
       (c) Matters To Be Studied.--
       (1) In general.--The study required by subsection (b) shall 
     include an analysis of--
       (A) the costs of complying with the pilot program incurred 
     by small entities;
       (B)(i) the description and estimated number of small 
     entities enrolled in and participating in the pilot program; 
     or
       (ii) why no such estimated number is available;
       (C) the projected reporting, recordkeeping, and other 
     compliance requirements of the pilot program that apply to 
     small entities;
       (D) the factors that impact enrollment and participation of 
     small entities in the pilot program, including access to 
     appropriate technology, geography, and entity size and class; 
     and
       (E) the actions, if any, carried out by the Secretary of 
     Homeland Security to minimize the economic impact of 
     participation in the pilot program on small entities.
       (2) Direct and indirect effects.--The study required by 
     subsection (b) shall analyze, and treat separately, with 
     respect to small entities--
       (A) any direct effects of compliance with the pilot 
     program, including effects on wages and time used and fees 
     spent on such compliance; and
       (B) any indirect effects of such compliance, including 
     effects on cash flow, sales, and competitiveness of such 
     compliance.
       (3) Disaggregation by entity size.--The study required by 
     subsection (b) shall analyze separately data with respect 
     to--
       (A) small entities with fewer than 50 employees; and
       (B) small entities that operate in States that require 
     small entities to participate in the pilot program.
       (d) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     study required by subsection (b).

     SEC. 1705. RESTRICTION ON USE OF FUNDS.

       None of the funds made available in this Act may be used to 
     enter into a contract with a person or government entity that 
     does not participate in the pilot program described in 
     section 404 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note).

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