S.Amdt. 331

SA 331. Mr. LEAHY 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:

At the end of division A, add the following:

TITLE XVII--IMMIGRATION MATTERS

SEC. 1701. EXTENSION OF 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 (Public Law 102-395; 8 U.S.C. 1153 note) is amended
by striking ``annually for 15 years'' and inserting ``for
each fiscal year through fiscal year 2016''.

SEC. 1702. DEFINITIONS.

In this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(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 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.

SEC. 1703. EXTENSION OF PILOT PROGRAMS.

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 ``at
the end of the 11-year period beginning on the first day the
pilot program is in effect.'' and inserting ``on September
30, 2016.''.

SEC. 1704. PROTECTION OF SOCIAL SECURITY ADMINISTRATION
PROGRAMS RELATED TO THE EMPLOYMENT ELIGIBILITY
CONFIRMATION SYSTEM.

(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Appropriations, the Committee on
Finance, and the Committee on the Judiciary of the Senate;
and
(2) the Committee on Appropriations, the Committee on the
Judiciary, and the Committee on Ways and Means of the House
of Representatives.
(b) Requirement for 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,
unless the delayed enactment of an annual appropriation Act
prevents funds from being available to make such a quarterly
payment; 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; and
(ii) any increase or decrease in the estimated number of
individuals who will require services from the Commissioner
under the pilot program during such fiscal year.
(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.

SEC. 1705. STUDY AND REPORT OF ERRONEOUS RESPONSES SENT UNDER
THE PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY
CONFIRMATION.

(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Finance and the Committee on the
Judiciary of the Senate; and
(2) the Committee on the Judiciary and the Committee on
Ways and Means of the House of Representatives.
(b) Study.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General shall conduct
a study of the erroneous tentative nonconfirmations sent to
individuals seeking confirmation of employment eligibility
under the pilot program.
(c) Matters To Be Studied.--The study required by
subsection (b) shall include an analysis of--
(1) the causes of erroneous tentative nonconfirmations sent
to individuals under the pilot program;
(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.
(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
results of the study required by subsection (b).

SEC. 1706. 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) 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.

[[Page S1595]]

(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 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).
______