Employee Verification Amendment Act of 2009 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program) until September 30, 2014.
Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement.
Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities.
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to extend the alien investor (EB-5) regional center program through FY2014.
Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until September 30, 2014.
Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program until September 30, 2014.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2679 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2679
To extend certain immigration programs, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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''.
SEC. 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,''.
SEC. 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''.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
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.
Referred to House Education and Labor
Referred to House Ways and Means
Referred to the Subcommittee on Workforce Protections.
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