S.Amdt. 239

SA 239. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus)
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:

On page 114, between lines 4 and 5, insert the following:

Extension of Pilot Programs for Employment Eligibility Confirmation

Sec. 603.  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''.

Protection of Social Security Administration Programs Related to Pilot
Programs for Employment Eligibility Confirmation

Sec. 604. (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

[[Page S1562]]

and the Secretary to reach such an agreement.

Study and Report of Erroneous Responses Sent Under the Pilot Program
for Employment Eligibility Confirmation

Sec. 605. (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.

Study and Report of the Effects of the Pilot Program for Employment
Eligibility Confirmation on Small Entities

Sec. 606. (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).

Restriction on Use of Funds

Sec. 607.  None of the funds made available in this Act may
be used to enter into a contract with a person 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).
______