Sec. 5101. Commission on Employment Authorization
790 words·~4 min read·
/bill/117/hr/1177/ih/section-5101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than the date that is 180 days after the date of the enactment of this Act, the President, in conjunction with the President pro tempore of the Senate and the Speaker of the House of Representatives, shall establish the Employment Authorization Commission (referred to in this section as the Commission ). The Commission shall be composed of 10 members, of whom— 6 members shall be appointed by the President and shall include representatives of the employer, labor, and civil rights communities; 2 members shall be appointed by the President pro tempore of the Senate, of whom— 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employers; and 2 members shall be appointed by the Speaker of the House of Representatives, of whom— 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employers.
The members of the Commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification. The appointments required under paragraph
(1)shall be made not later than 180 days after the date of the enactment of this Act. At the first meeting of the Commission, a majority of the members of the Commission present and voting, including at least 6 members of the Commission, shall elect the Chair of the Commission. Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. The Commission shall establish the rules and procedures of the Commission, which shall require the approval of at least 6 members of the Commission. All recommendations and decisions of the Commission shall require the approval of at least 6 members of the Commission. Individual members may provide minority or dissenting opinions. The Commission shall— make recommendations to the President, the Secretary, and Congress regarding policies to verify the eligibility of noncitizens for employment in the United States; evaluate methods for verification of employment eligibility that respect— the rights of employment-authorized individuals to work in the United States; and the freedom from discrimination based on race or national origin of all workers; and review error rates for the E-Verify program, including the impact on various populations by national origin, race, gender, and socioeconomic background. The Commission shall convene at least 1 public hearing on verification for employment of foreign nationals in the United States. The Commission shall provide a summary of each hearing convened pursuant to subparagraph
(A)to the President, the Secretary, and Congress. The Immigrant and Employee Rights Section of the Department of Justice shall furnish information to the Commission regarding employee complaints, mediations, and investigations involving the employment eligibility verification practices of employers. Not later than 180 days after all members of the Commission have been appointed pursuant to subsection (b), the Commission shall submit a report to the President, the Secretary, and Congress that includes— specific policy recommendations for achieving and maintaining the goals specified in subsection (c); recommendations for improvements to existing employment verification systems, such as the I–9 process and E-Verify, to ensure that workers are not denied employment on the basis of false positives. Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege. The Comptroller General of the United States shall review the recommendations in the report submitted pursuant to subsection
(e)to determine— which recommendations are most likely to improve existing employment verification systems; and whether such recommendations are feasible within existing budget constraints. The Commission shall terminate on the date that is 2 years after the date of the enactment of this Act.