[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3414 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3414
To recapture family-sponsored and employment-based immigrant visas lost
to bureaucratic delays and to prevent losses of family-sponsored and
employment-based immigrant visas in the future, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Mr. Menendez (for himself, Mrs. Murray, Mr. Kennedy, and Ms. Cantwell)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To recapture family-sponsored and employment-based immigrant visas lost
to bureaucratic delays and to prevent losses of family-sponsored and
employment-based immigrant visas in the future, 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. SHORT TITLE.
This Act may be cited as the ``Visa Efficiency and E-Verify
Extension Act of 2008''.
SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000, plus
``(B) the number computed under paragraph (2), plus
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(b), subject to this subsection, during the
previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(b), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(b), subject to this
subsection.''.
(b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--
``(A) Base level.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under
this subsection for a fiscal year is equal to--
``(i) 480,000 minus the number computed
under paragraph (2), plus
``(ii) the sum of--
``(I) the number computed under
paragraph (3), plus
``(II) the number computed under
paragraph (4).
``(B) Minimum.--In no case shall the number
computed under subparagraph (A)(i) be less than
226,000.
``(2) Number of certain aliens not subject to direct
numerical limitations.--The number computed under this
paragraph for a fiscal year is the number of aliens described
in subparagraph (A) or (B) of subsection (b)(2) who were issued
immigrant visas or who otherwise acquired the status of an
alien lawfully admitted to the United States for permanent
residence in the previous fiscal year.
``(3) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(a), subject to this subsection, during the
previous fiscal year.
``(4) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels
family-sponsored immigrant visas established
for fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(a), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(a), subject to this
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of the enactment of this Act.
SEC. 3. EXTENSION OF THE CONRAD STATE 30 PROGRAM.
Subsection (c) of section 220 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182
note) is amended by striking ``June 1, 2008'' and inserting ``June 1,
2013''.
SEC. 4. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.
(a) Regulations.--Not later than December 31, 2008, the Secretary
of Homeland Security shall issue final regulations to eliminate or
reduce fraud related to the granting of special immigrant status for
special immigrants described in subclause (II) or (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)).
(b) Extension.--Subclause (II) and subclause (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 ``October 1, 2008,'' both
places such term appears and inserting ``October 1, 2011,''.
(c) Report.--Not later than September 30, 2010, the Inspector
General of the Department of Homeland Security shall submit to Congress
a report on the effectiveness of the regulations described in
subsection (a).
SEC. 5. EXTENSION OF THE BASIC PILOT 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
``11-year period'' and inserting ``16-year period''.
SEC. 6. 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. 7. 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. 8. 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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