Sec. 501. Commission on Immigration and Labor Markets
1,988 words·~9 min read·
/bill/113/hr/3163/ih/section-501·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established a permanent, independent, Federal agency within the Executive Branch of the United States to be known as the Commission on Immigration and Labor Markets (referred to in this section as the Commission ). Through objective, thorough, accurate and nonpartisan review and analysis, the purposes of the Commission are to— establish employment-based immigration policies that promote America’s economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment in the United States; create and implement a policy-focused research agenda on the economic impacts of immigration at the national, regional, State, industry and occupation levels; collect and analyze information about employment-based immigration and the labor market and share the data and analysis with lawmakers, researchers and the American public; recommend to the Congress and the President on a regular basis an evidence-based methodology for determining the level of employment-based immigration; and recommend to Congress and the President the numeric levels and characteristics of workers to be admitted in various employment-based visa categories.
The Commission shall be composed of— 7 voting members— who shall be appointed by the President, with the advice and consent of the Senate, no later than 6 months after the date of the enactment of this Act; who shall serve for 5-year staggered terms; one of whom the President shall appoint as Chair of the Commission to serve a 6-year term, which can be extended for 1 additional 3-year term; who shall have expertise in economics, demography, sociology, labor, business, civil rights, immigration or other pertinent qualifications or experience; and not more than 4 of whom may be members of the same political party; and 8 ex-officio members, including— the Secretary; the Secretary of State; the Attorney General; the Secretary of Labor; the Secretary of Commerce; the Secretary of Health and Human Services; the Secretary of Agriculture; and the Commissioner of Social Security.
Any vacancy in the Commission shall be filled in the same manner as the original appointment. The Commission shall meet and begin carrying out the duties described in subsection
(b)as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. Five voting members of the Commission shall constitute a quorum. The Commission shall— collect, analyze and publish data regarding— the historic migration patterns to and from the United States and demographic trends, including the birth rate, education levels, and age profiles of the immigrant and native population of the United States; the impact of employment-based immigration— at the national, regional, State and local levels; within industries and business sectors; on occupations and occupational levels; on small business; and on employment and unemployment levels; the current and anticipated needs of employers for skilled and unskilled labor; the current and anticipated supply of skilled and unskilled labor; the impact of employment-based immigration on the economic growth and competitiveness and labor standards, conditions, and wages; the extent and impact of unauthorized employment in the United States; the factors that determine the economic success of immigrants to the United States; and any other matters regarding the impact of employment-based immigration that the Commission considers appropriate; after soliciting and reviewing input from the public, develop and publish in the Federal Register a plan for the performance of its duties, including a description of the methodologies it will employ to measure the need for immigrant workers or nonimmigrant foreign workers in different regions, States, industries and occupations; submit to the Congress, according to the procedures in subsection (c), the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers; submit to the Congress, according to the procedures in subsection (c), any amendments which the Commission deems appropriate to the numeric levels of visas established by the Immigration and Nationality Act for temporary or permanent employment; annually thereafter, submit a report to the President and Congress that— contains any amendments to the numeric levels set according to the procedures in subsection (c)(2), which shall take effect in the same manner described therein unless disapproved by the passage of a resolution in Congress; and makes other recommendations regarding employment-based visas or immigration, including legislative or administrative action, that the Commission determines to be in the national interest; and establish collaborative relationships with international organizations and agencies in countries of origin to encourage the deposit of remittances with financial institutions that will reinvest the remittances received from the United States to promote job development in those countries of origin that have sent immigrants to the United States. Not later than 12 months after Congress appropriates funds for its operation, the Commission shall submit to Congress the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers. Congress shall have 90 days to enact a resolution of disapproval. In the absence of such action, the methodologies shall stand approved. At the beginning of the first regular session of Congress after the methodologies in paragraph
(1)have been approved, but not later than the first day of April, the Commission shall submit to Congress the numeric levels of visas it recommends, by majority vote, to be made available for temporary or permanent employment under the Immigration and Nationality Act and a statement of the reasons therefore. Congress shall have 90 days to enact a resolution of disapproval. In absence of such action, the numeric levels shall stand approved and be implemented at the start of the next fiscal year. Once the initial determination of numeric levels is established, the Commission shall annually thereafter submit to Congress any increase or decrease in numeric levels of employment-based immigration it recommends by majority vote, which shall be disapproved by Congress in the same manner as in clause (2), or stand approved for the next fiscal year. The Commission, by vote of a majority of the members present and voting, shall have the power to— establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this section; appoint and fix the salary and duties of the Staff Director of the Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for Level 6 of the Senior Executive Service Schedule ( 5 U.S.C. 5382 ), and such other personnel as may be necessary to enable the Commission to carry out its functions; deny, revise, or ratify any request for regular, supplemental, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chair; utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; without regard to section 3324 of title 31, United States Code, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code, however, individuals providing such services shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims; request such information, data, and reports from any Federal agency as the Commission may from time to time require and as may be produced consistent with other law; arrange with the head of any other Federal agency for the performance by such agency of any function of the Commission, with or without reimbursement; establish a research and development program within the Commission for the purpose of understanding and documenting the effects of immigration and the temporary admission of foreign workers on the labor market and national competitiveness; collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the need for and effects of employment-based immigration and the admission of nonimmigrant workers; interview and confer with State and local officials, representatives of labor and industry, and experts in academia to obtain information about the need for or benefit of additional immigrant or nonimmigrant workers; make recommendations to Congress concerning modification or enactment of statutes relating to matters that the Commission finds to be necessary and advisable to carry out an effective employment-based immigration policy; hold hearings and call witnesses to assist the Commission in the exercise of its powers or duties; retain and, in its discretion pay reasonable attorneys’ fees out if its appropriated funds to, private attorneys who— shall provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and when serving as officers or employees of the United States, shall be considered special government employees as defined in section 202(a) of title 18; and grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code. The Commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this section, and may delegate to any member or designated person such powers as may be appropriate. The head of any Federal department or agency that receives a request from the Commission for information, including suggestions, estimates, and statistics, as the Commission considers necessary to carry out the provisions of this section, shall furnish such information to the Commission, to the extent allowed by law. The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission’s functions. The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as heads of such departments and agencies determine advisable and authorized by law. Except as provided under subparagraph (B), any personnel of the Commission who are employees shall be considered to be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89 and 90 of such title. Subparagraph
(A)shall not apply to members of the Commission. Any employee of the Federal Government may be detailed to the Commission without reimbursement from the Commission. Such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid a person occupying a position at level IV of Executive Schedule under section 5315 of such title 5. Each voting member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. There are authorized to carry out the purposes of this section such sums as may be necessary.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 501
Commission on Immigration and Labor Markets
Cites 1Cited by 0 across 0 sources