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Greg Siskind on Immigration Law and Policy

E-VERIFY EXTENSION PASSES THE HOUSE

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And by a fairly wide margin - 407-2 (one of the two being maverick GOP Congressman Ron Paul). Basically, E-Verify gets five more years. Note, however, that the Senate has not extended and they've got about a month before they take off until after the inauguration of the next President.



Here's the bill text:



A BILL



To evaluate and extend the basic pilot program for
employment eligibility confirmation and to ensure the protection of
Social Security beneficiaries.




      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 `Employee Verification Amendment Act of 2008'.


SEC. 2. EXTENSION OF PROGRAMS.


    Section 401(b) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
    by striking `11-year period' and inserting `16-year period'.


SEC. 3. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.


    (a) 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--


      (1) 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)--


        (A) 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


        (B) responding to individuals who contest a
        tentative nonconfirmation provided by the basic pilot confirmation
        system established under such section;


      (2) 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


      (3) 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.


    (b) Continuation of Employment Verification in Absence of
    Timely Agreement- In any case in which the agreement required under
    subsection (a) 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 subsection
    (a) 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 subsection (a) for such fiscal year. Until such time as
    the agreement required under subsection (a) 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.


SEC. 4. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM.


    (a) 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).


      (b) Matters To Be Studied- In the study required under subsection (a), the Comptroller General shall determine and analyze--


        (1) the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system;


        (2) the processes by which such erroneous tentative nonconfirmations are remedied; and


        (3) the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies.


    (c) 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 subsection (a) 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.


SEC. 5. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES.


    (a) 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 United States
    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--


        (1) the costs of compliance with such program on small entities;


      (2) 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;


        (3) the projected reporting, recordkeeping and other compliance requirements of such program on small entities;


      (4) factors that impact small entities' enrollment and
      participation in such program, including access to appropriate
      technology, geography, entity size, and class of entity; and


      (5) the steps, if any, the Secretary of Homeland
      Security has taken to minimize the economic impact of participating in
      such program on small entities.


    (b) 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).


      (c) Specific Contents- The report shall provide specific and separate details with respect to--


        (1) small businesses (as defined in section 601 of title 5, United States Code) with fewer than 50 employees; and


        (2) small entities operating in States that have mandated use of the basic pilot program.

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