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Tech Law Journal |
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| News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors | |
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IN THE HOUSE OF REPRESENTATIVES Ms. LOFGREN introduced the following bill; which was referred to the Committee on ________ A BILL To amend the Immigration and Nationality Act to promote a fairer and more efficient means for using highly skilled workers, to improve the collection and use of H–1B nonimmigrant fees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [begin page 2] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Helping to Improve Technology Education and Achievement Act of 2000’’. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—PROVISIONS RELATING TO EMPLOYMENT-BASED IMMIGRATION Sec. 101. Assuring fair distribution of employment-based visas. TITLE II—PROVISIONS RELATING TO H–1B NONIMMIGRANTS Sec. 201. Temporary visa increase. TITLE III—COLLECTION AND USE OF H–1B NONIMMIGRANT FEES Sec. 301. Increase in fee on initial petitions. TITLE I—PROVISIONS RELATING TO EMPLOYMENT-BASED IMMIGRATION SEC. 101. ASSURING FAIR DISTRIBUTION OF EMPLOYMENT-BASED VISAS. (a) LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.— [begin page 3] (1) SPECIAL RULES.—Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS.— ‘‘(A) CERTAIN EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE.—If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that respective paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e).—In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area [begin page 4] under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).’’. (2) CONFORMING AMENDMENTS.— (A) PER COUNTRY LEVELS FOR EMPLOYMENT-BASED IMMIGRANTS.—Section 202(a)(2) of such Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and (5)’’. (B) SPECIAL RULES FOR COUNTRIES AT CEILING.—Section 202(e)(3) of such Act (8 U.S.C. 1152(e)(3)) is amended by striking ‘‘the proportion of the visa numbers’’ and inserting ‘‘except as provided in subsection (a)(5), the proportion of the visa numbers’’. (3) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.—Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who— (A) is the beneficiary of a petition filed under section 204(a) of such Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of such Act; and [begin page 5] (B) would be subject to the per country limitations applicable to immigrants under those paragraphs but for this paragraph, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision made thereon. (4) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) apply to calendar quarters beginning on or after October 1, 2000. (b) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.— (1) IN GENERAL.—Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act. (2) NUMBER AVAILABLE.— (A) IN GENERAL.—Subject to subparagraph (B), the number described in this paragraph [begin page 6] is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years. (B) REDUCTION.—The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas made available under paragraph (1) for previous fiscal years. (C) CONSTRUCTION.—Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)). (3) EMPLOYMENT-BASED VISAS DEFINED.—For purposes of this subsection, the term ‘‘employment based visa’’ means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). SEC. 102. INTERNET RECRUITMENT. (a) IN GENERAL.—In carrying out any requirements under the Immigration and Nationality Act that requires [begin page 7] the Secretary of Labor to determine whether an employer has taken action to recruit United States workers, the Secretary of Labor shall take into account efforts undertaken through the Internet. If an employer uses exclusively the Internet as a tool to recruit, this shall not in itself be considered to be unsatisfactory. (b) VERIFICATION.—In carrying out subsection (a), the Secretary of Labor shall use the Internet to verify employer recruitment efforts undertaken using that medium. (c) APPLICATION.—Subsections (a) and (b) apply only in the case where the employer demonstrates that the employment position for which the worker was sought was posted for no less than 30 days on the Internet Web Site designated by the Secretary of Labor for the purpose of disseminating information about job opportunities. SEC. 103. APPLICATION OF INTERNET BASED TECHNOLOGIES. (a) ESTABLISHMENT OF A TRACKING SYSTEM.—The Attorney General and the Secretary of Labor, not later than 1 year after the date of the enactment of this Act, in consultation with the Technology Advisory Committee established under subsection (c), shall establish an Internet web-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the Attorney General or such Secretary for any benefit under [begin page 8] the Immigration and Nationality Act, access to online in- formation about the processing status of the filing involved. (b) FEASIBILITY STUDY FOR ON-LINE FILING AND IMPROVED PROCESSING.— (1) ON-LINE FILING.—The Attorney General, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Technology Advisory Committee under subsection (c), shall conduct a feasibility study on the on-line filing of the filings described in subsection (a). The study shall include an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment on-line. (2) EXAMINATION OF IMPROVED PROCESSING.—The study shall also include a review of computerization and technology of the Department of Labor and the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall examine how to meet the goal of achieving processing of 98 percent of filings for lawful permanent resident status within 3 months of the date on which they are filed and 98 percent of [begin page 9] filings for nonimmigrant status within 1 month of the date on which they are filed. (3) REPORT.—A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than January 1, 2001. (c) TECHNOLOGY ADVISORY COMMITTEE.— (1) ESTABLISHMENT.—The Attorney General, the Secretary of Labor, and the Secretary of Commerce shall jointly establish, not later than 30 days after the date of the enactment of this Act an advisory committee (in this section referred to as the ‘‘Technology Advisory Committee’’) to assist them in— (A) establishing the tracking system under subsection (a); (B) conducting the study under subsection (b); and (C) establishing a system to verify Internet recruitment described in section 102. The Technology Advisory Committee shall be established after consultation with the Committees on the Judiciary of the House of Representatives and the Senate. [begin page 10] (2) COMPOSITION.—The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) and the on-line filing system described in subsection (b)(1). TITLE II—PROVISIONS RELATING TO H–1B NON-IMMIGRANTS SEC. 201. TEMPORARY VISA INCREASE. (a) IN GENERAL.—Section 214(g)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(iv)) is amended to read as follows: ‘‘(iv) subject to paragraphs (5) and (6), 200,000 in each of fiscal years 2001, 2002, and 2003; and’’. (b) RESERVATION FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER RESEARCH ORGANIZATIONS.—Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ‘‘(5) Of the number specified in paragraph (1)(A)(iv), 10,000 in each of fiscal years 2001, 2002, and 2003 shall [begin page 11] be reserved to provide nonimmigrant status to aliens with respect to whom a petition under section 214(c) has been filed by an employer that is— ‘‘(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or ‘‘(B) a nonprofit research organization or a governmental research organization.’’. (c) RESERVATION FOR ALIENS WITH MASTER’S DEGREE.—Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by subsection (b), is further amended by adding at the end the following: ‘‘(6) Of the number specified in paragraph (1)(A)(iv), 60,000 in each of fiscal years 2001, 2002, and 2003 shall be reserved to provide nonimmigrant status to aliens who have attained a master’s or higher degree (or its equivalent).’’. (d) ADDITIONAL VISAS FOR FISCAL YEAR 1999.— (1) IN GENERAL.—Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 [begin page 12] is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) EFFECTIVE DATE.—Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105–277). SEC. 202. REQUIRING FILING OF W–2 FORMS. (a) IN GENERAL.—Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ‘‘(H) The employer will, with respect to each employee who is an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b), annually submit to the Secretary of Labor a copy of the most recent statement under section 6051 of the Internal Revenue Code of 1986. Such submission may be made by electronic means.’’. [begin page 13] (b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to applications described in section 212(n)(1) of the Immigration and Nationality Act made on or after October 1, 2000, but only with respect to statements made under section 6051 of the Internal Revenue Code of 1986 on or after January 1, 2001. SEC. 203. EXTENSION OF AUTHORIZED STAY WHILE ADJUDICATIONS ARE PENDING. (a) EXEMPTION FROM LIMITATION.—The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act on whose behalf a petition under section 204(b) of such Act to accord the alien immigrant status under section 203(b) of such Act, or an application for adjustment of status under section 245 of such Act to accord the alien status under section 203(b) of such Act, has been filed, if 6 months or more have elapsed since the date of filing of a labor certification application on the alien’s behalf, if required for the alien to obtain status under section 203(b) of such Act, or the filing of the petition under section 204(b) of such Act. [begin page 14] (b) EXTENSION OF H1–B WORKER STATUS.—The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in 1-year increments until such time as a final decision is made on the application for the alien to obtain lawful permanent residence. TITLE III—COLLECTION AND USE OF H–1B NONIMMIGRANT FEES SEC. 301. INCREASE IN FEE ON INITIAL PETITIONS. Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking ‘‘$500 for each such petition.’’ and inserting ‘‘$1,000 for each petition under clause (i) and $500 for each petition under clause (ii) or (iii).’’. SEC. 302. USE OF FEES FOR STUDENT LOAN FORGIVENESS. (a) AUTHORITY TO USE DEPOSITS.—Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to read as follows: ‘‘(2) USE OF FEES FOR STUDENT LOAN FORGIVENESS.—33 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account on and after October 1, 2000, shall remain available to the Secretary of Education until expended to carry [begin page 15] out the student loan forgiveness program under section 428L of the Higher Education Act of 1965.’’. (b) PROGRAM.—Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078–11) the following new section: ‘‘SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ‘‘(a) PURPOSE.—It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ‘‘(b) PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under part D) for any new borrower after October 1, 1998, who— ‘‘(A) has been employed as a full-time teacher of mathematics, science, or a related field for 3 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; ‘‘(B) is a fully qualified teacher; and [begin page 16] ‘‘(C) is not in default on a loan for which the borrower seeks forgiveness. ‘‘(2) AWARD BASIS; PRIORITY.— ‘‘(A) AWARD BASIS.—Subject to subparagraph (B), loan repayment under this section shall be on a first-come, first-served basis and subject to the availability of appropriations. ‘‘(B) PRIORITY.—The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ‘‘(3) REGULATIONS.—The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ‘‘(c) LOAN REPAYMENT.— ‘‘(1) ELIGIBLE AMOUNT.—The amount of the Secretary may repay on behalf of any individual under this section shall not exceed— ‘‘(A) 80 percent of the sum of the principal amounts outstanding of the individual’s qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); [begin page 17] ‘‘(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ‘‘(C) a total of more than $10,000. ‘‘(2) CONSTRUCTION.—Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. 8 ‘‘(3) INTEREST.—If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ‘‘(4) DOUBLE BENEFITS PROHIBITED.—No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ‘‘(d) REPAYMENT TO ELIGIBLE LENDERS.—The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. [begin page 18] ‘‘(e) APPLICATION FOR REPAYMENT.— ‘‘(1) IN GENERAL.—Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ‘‘(2) CONDITIONS.—An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ‘‘(3) FULLY QUALIFIED TEACHERS.—An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant— ‘‘(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ‘‘(B) if teaching in— ‘‘(i) an elementary school, holds a bachelor’s degree and demonstrates knowledge [begin page 19] and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ‘‘(ii) a middle or secondary school, holds a bachelor’s degree and demonstrates a high level of competency in all subject areas in which he or she teaches through— ‘‘(I) a high level of performance on a rigorous State or local academic subject areas test; or ‘‘(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ‘‘(f) EVALUATION.— ‘‘(1) IN GENERAL.—The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ‘‘(2) COMPETITIVE BASIS.—The grant or contract described in subsection (b) shall be awarded on a competitive basis. ‘‘(3) CONTENTS.—The evaluation described in this subsection shall— [begin page 20] ‘‘(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ‘‘(B) determine the number of individuals who remain employed in a teaching mathematics, science, or related fields as a result of participation in the program; ‘‘(C) identify the barriers to the effectiveness of the program; ‘‘(D) assess the cost-effectiveness of the program; and ‘‘(E) identify the number of years each individual participates in the program. ‘‘(4) INTERIM AND FINAL EVALUATION REPORTS.—The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2004. ‘‘(g) FUNDS FOR PROGRAM.—The Secretary shall carry out this section only with funds made available under section 286(s)(2) of the Immigration and Nationality Act.’’. [begin page 21] (c) CONFORMING AMENDMENT.—Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105–277) is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). SEC. 303. USE OF FEES FOR UPWARD BOUND. Section 286(s)(4) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(4)) is amended to read as follows: ‘‘(4) USE OF FEES FOR UPWARD BOUND.—17 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account on and after October 1, 2000, shall remain available to the Secretary of Education until expended to carry out section 402C of the Higher Education Act of 1965, exclusively for the benefit of mathematics and science education projects. SEC. 304. USE OF FEES FOR LOW INCOME SCHOLARSHIP PROGRAM. (a) CHANGE IN PERCENTAGE ALLOCATED.—Section 286(s)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(3)) is amended— (1) by striking ‘‘28.2 percent’’ and inserting ‘‘15 percent’’; and [begin page 22] (2) by inserting ‘‘on and after October 1, 2000,’’ after ‘‘Account’’. (b) PROGRAMMATIC CHANGES.—Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as redesignated by section 302(c) of this Act) is amended— (1) in paragraph (2)(B), by striking ‘‘Awards’’ and inserting ‘‘Subject to paragraph (3), awards’’; and (2) by amending paragraph (3) to read as follows: ‘‘(3) SCHOLARSHIP AMOUNT.— ‘‘(A) IN GENERAL.—The amount of a scholarship awarded under this subsection shall be determined by the Director. ‘‘(B) GENERAL LIMITATION.—Subject to subparagraph (C), the amount of such scholarship may not exceed $2,500 per year. ‘‘(C) INCREASE IN CASE OF PUBLIC SECTOR EMPLOYMENT.— ‘‘(i) IN GENERAL.—In the case of a scholarship recipient who enters into an agreement described in clause (ii) the amount of such scholarship may be up to $5,000 per year. [begin page 23] ‘‘(ii) AGREEMENT.—The agreement described in this clause is an agreement between the Director and the scholarship recipient under which the recipient agrees— ‘‘(I) to work in a public sector position (as defined by the Director) for at least 3 years after the date of completion of the degree program for which the scholarship is awarded; or ‘‘(II) to repay the amount of the scholarship.’’. SEC. 305. USE OF FEES FOR REGIONAL SKILLS TRAINING ALLIANCES. (a) AUTHORITY TO USE DEPOSITS.—Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraph: ‘‘(5) USE OF FEES FOR REGIONAL SKILLS TRAINING ALLIANCES.—25 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account on and after October 1, 2000, shall remain [begin page 24] available to the Secretary of Commerce until ex- pended to carry out subsections (d) and (e) of section 414 of the American Competitiveness and Workforce Improvement Act of 1998.’’. (b) PROGRAM AUTHORIZED.—Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as amended by section 304 of this Act) is amended— (1) in the section heading, by striking ‘‘AND JOB TRAINING OF UNITED STATES WORKERS.’’ and inserting ‘‘, LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS, UPWARD BOUND PROGRAM, AND REGIONAL SKILLS TRAINING ALLIANCES.’’; and (2) by adding at the end the following new subsections: ‘‘(d) SKILL GRANTS.— ‘‘(1) AUTHORIZATION.— ‘‘(A) IN GENERAL.—The Secretary of Commerce (in this subsection referred to as the ‘Secretary’), acting through the Director of the National Institute of Standards and Technology, and in consultation with the Secretary of Labor, shall provide grants to eligible entities described in subparagraph (B) to assist such [begin page 25] entities to improve the job skills necessary for employment in specific industries. ‘‘(B) ELIGIBLE ENTITIES DESCRIBED.— ‘‘(i) IN GENERAL.—An eligible entity described in this subparagraph is a consortium that— ‘‘(I) shall consist of representatives from not less than 10 businesses (or a nonprofit organization that represents not less than 10 businesses); and ‘‘(II) may consist of representatives from labor organizations, State and local government, and educational institutions. ‘‘(ii) MAJORITY OF REPRESENTATIVES.—A majority of the representatives comprising the consortium shall be representatives described in clause (i)(I). ‘‘(iii) ADDITIONAL REQUIREMENT.—To the maximum extent practicable, each business, organization, or government that forms an eligible entity under clause (i)— [begin page 26] ‘‘(I) shall be located in the same geographic region of the United States; and ‘‘(II) shall coordinate their programs with existing State, local, and regional training plans and economic development strategies to the maximum extent practicable. ‘‘(C) PRIORITY FOR SMALL BUSINESSES.—In providing grants under subparagraph (A), the Secretary shall give priority to an eligible entity if a majority of representatives forming the entity represent small-business concerns, as described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ‘‘(D) MAXIMUM AMOUNT OF GRANT.—The amount of a grant provided to an eligible entity under subparagraph (A) may not exceed $1,000,000 for any fiscal year. ‘‘(2) APPLICATION.— ‘‘(A) IN GENERAL.—The Secretary may not provide a grant under this subsection to the eligible entity unless such entity submits to the Secretary an application at such time, in such [begin page 27] manner, and containing such information as the Secretary may reasonably require. ‘‘(B) CERTAIN STATES WITH MULTIPLE CONSORTIA.—In a State in which 2 or more eligible entities seek grants under this subsection for a fiscal year, as determined by the Governor of the State, the Governor may solicit proposals from the entities concerning the activities to be carried out under the grants. If the Governor solicits such proposals, based on the proposals received, the Governor shall submit an application on behalf of 1 or more of the entities to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The provisions of this subsection relating to eligible entities shall apply to each of the entities for which the Governor applies. ‘‘(3) USE OF AMOUNTS.— ‘‘(A) IN GENERAL.—The Secretary may not provide a grant under this subsection to an eligible entity unless such entity agrees to use amounts received from such grant to improve the job skills necessary for employment by businesses [begin page 28] in the industry with respect to which such entity was established. ‘‘(B) CONDUCT OF PROGRAM.— ‘‘(i) IN GENERAL.—In carrying out the program described in subparagraph (A), the eligible entity may provide for— ‘‘(I) an assessment of training and job skill needs for the industry; ‘‘(II) development of a sequence of skill standards that are benchmarked to advanced industry practices; ‘‘(III) development of curriculum and training methods; ‘‘(IV) purchase, lease, or receipt of donations of training equipment; ‘‘(V) identification of training providers; ‘‘(VI) development of apprenticeship programs; ‘‘(VII) development of training programs for dislocated workers; ‘‘(VIII) development of the membership of the entity; [begin page 29] ‘‘(IX) provision of training pro- grams for workers; and ‘‘(X) development of training plans for businesses. ‘‘(ii) ADDITIONAL REQUIREMENT.—In carrying out the program described in subparagraph (A), the eligible entity shall provide for development and tracking of performance outcome measures for the program and the training providers involved in the program. ‘‘(C) ADMINISTRATIVE COSTS.—The eligible entity may use not more than 10 percent of the amount of a grant to pay for administrative costs associated with the program described in subparagraph (A). ‘‘(4) REQUIREMENT OF MATCHING FUNDS.—The Secretary may not provide a grant under this subsection to an eligible entity unless such entity agrees that— ‘‘(A) it will make available non-Federal contributions toward the costs of carrying out activities under paragraph (3) in an amount that is not less than $2 for each $1 of Federal [begin page 30] funds provided under a grant under this subsection; and ‘‘(B) of such non-Federal contributions, not less than $1 of each such $2 shall be from businesses participating in the eligible entity. ‘‘(5) LIMIT ON ADMINISTRATIVE EXPENSES.—The Secretary may use not more than 6 percent of the funds made available to carry out this subsection to pay for Federal administrative costs associated with making grants under this subsection and to develop and maintain an electronic clearinghouse of information on projects undertaken by eligible entities under this subsection. ‘‘(6) FUNDING.—The Secretary shall carry out this subsection with funds made available under section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(5)). ‘‘(e) PLANNING GRANTS.— ‘‘(1) AUTHORIZATION.— ‘‘(A) IN GENERAL.—The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, and in consultation with the Secretary of Labor, shall provide grants to States to enable the States to assist businesses, organizations, [begin page 31] and agencies described in subsection (d)(1)(B) in conducting planning to form consortia described in such subsection. ‘‘(B) MAXIMUM AMOUNT OF GRANT.—The amount of a grant provided to a State under subparagraph (A) may not exceed $500,000 for any fiscal year. ‘‘(2) APPLICATION.—The Secretary of Commerce may not provide a grant under this subsection to a State unless such State submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. ‘‘(3) REQUIREMENT OF MATCHING FUNDS.—The Secretary may not provide a grant under this subsection to a State unless such State agrees that it will make available non-Federal contributions toward the costs of carrying out activities under this subsection in an amount that is not less than $1 for each $1 of Federal funds provided under a grant under this subsection. ‘‘(4) FUNDING.—The Secretary shall carry out this subsection with funds made available under section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(5)).’’. [begin page 32] SEC. 306. USE OF FEES FOR ADMINISTRATIVE PURPOSES. Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)), as amended by section 305(a), is further amended— (1) in paragraph (6)— (A) by striking ‘‘1.5 percent’’ and inserting ‘‘2 percent’’; and (B) by inserting ‘‘on and after October 1, 2000,’’ after ‘‘Account’’; and (2) in the second sentence of paragraph (7)— (A) by striking ‘‘3 percent’’ and inserting ‘‘4 percent’’ each place it appears; and (B) by inserting ‘‘on and after October 1, 2000,’’ after ‘‘Account’’. SEC. 307. EFFECTIVE DATE. The amendments made by this title apply to fees collected under section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) with respect to petitions filed on and after October 1, 2000. |
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