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News May 4, 2023

This Week in D.C.

House Republicans introduce border security and enforcement legislation

Several House Republicans introduced the Secure the Border Act of 2023 (H.R. 2), legislation to improve border security and combat illegal immigration. The legislation is a combination of several individual bills approved by House committees during recent weeks and includes provisions to modify rules for asylum eligibility; increase penalties for immigration violations; and expand employment verification requirements. It also would expand border wall construction at the U.S. southern border, increase Border Patrol staffing and expand the use of technology to enhance border security.

Of note to employers are provisions within the bill to phase in use of the E-Verify program to electronically verify the employment status of all new hires. If enacted, the bill would require employers with more than 10,000 employees to begin using E-Verify within six months of the date of enactment; employers with 500 to 9,999 employees to begin using E-Verify within one year; employers with 20-499 employees to begin using E-Verify within 18 months; and employers with one to 19 employees to begin using E-Verify within two years. Republican leaders indicate they expect to hold a House vote regarding the bill sometime in May.

LIBERTY campaign for border security and immigration reform

NRCA and affiliated roofing industry associations joined more than 430 industry groups in a new campaign to jumpstart action regarding bipartisan border security and legal immigration reform that addresses workforce shortages. The “Legal Immigration and Border Enforcement Reforms This Year,” or LIBERTY, campaign began with a coalition letter to lawmakers urging them to move forward regarding these issues in 2023.

The letter stated: “When it comes to individual priorities, our organizations may differ, but the one thing we agree on is that another year of inaction on border security and legal immigration reform is not an acceptable option.”

President Biden issues Executive Order regarding modernizing federal regulatory processes

On April 6, President Biden’s issued an Executive Order, Modernizing Regulatory Review, which seeks to make substantial changes to the process under which most federal regulations are developed. Under current procedures, proposed regulations estimated to affect the U.S. economy by $100 million or more must be analyzed on a cost/benefit basis and are subject to review by the Office of Information and Regulatory Affairs before being finalized.

The Executive Order would double this threshold to $200 million or more in economic impact, thus reducing the number of proposed regulations subject to cost-benefit analysis and Office of Information and Regulatory Affairs review. It also directs the Office of Management and Budget to propose revisions to OMB Circular A-4, which is the primary guidance document governing how executive branch agencies conduct a cost-benefit analysis. If finalized, the proposed revisions would be the most significant change to how agencies conduct cost-benefit analyses since 2003. NRCA is reviewing the Executive Order and related proposals and will work to ensure any changes to the regulatory process allow for effective cost-benefit analysis to minimize adverse effects of regulations on employers and the economy.

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