6.1.09

Constangy partner Penni Bradshaw is a member of the U.S. Chamber of Commerce's Immigration Sub Committee.  We are forwarding to you communication from the Chamber's Executive Director of Immigration Policy so that you may be informed of the latest from Capitol Hill.  As always, Constangy will keep you informed immediately as news hits.  If you have questions or concerns, feel free to contact any Constangy attorney. 

TO:       Chamber Labor Relations Committee and Interested Parties 

In previous alerts, we reported on prior suspensions of the FAR Council's regulations, mandating a modified version of the E-Verify/Basic Pilot program. The last agreed suspension extended the applicability date of the rule to June 30, 2009. Today [May 29, 2009], the litigants agreed to extend the applicability date to September 8, 2009, and asked the court to stay the proceedings further to allow President Barrack Obama's Administration more time to complete its review of this rule.
 
Under the new applicability date, which is expected to appear early [this] week in the Federal Register, any solicitations that occur prior to September 8, 2009, would not contain the contract clauses that the rule would impose. As previously reported, the rule mandates on most federal contractors and subcontractors a modified version of the EVerify/Basic Pilot program-requiring reverification of the workforce and creating vicarious liability for subcontractors.
 
Three areas that the Chamber successfully fought for during the 110th Congress included opposing vicarious liability for subcontractors, opposing the reverification of the workforce, and supporting a phased-in mandatory electronic employment verification program.
 
The Chamber wants to acknowledge and thank its friends and partners in the business community that joined in this fight, particularly the Society for Human Resource Management, the Associated Builders and Contractors, the HR Policy Association, and the American Council on International Personnel. The business community is represented in this case by the law firm of Proskauer Rose LLP.
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Angelo I. Amador
Executive Director for Immigration Policy

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