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S 1440 IS, New Workers for Economic
Growth Act.
Re: increasing the annual cap on H1B visas for high-tech workers.
Date Introduced: July 27, 1999.
Sponsor: Sen. Phil Gramm (R-TX).
Source: Library of Congress.
See also, Summary of H1B Visa Bills in the 106th Congress.
106th CONGRESS
1st Session
S. 1440
To promote economic growth and opportunity by increasing the level of visas
available for highly specialized scientists and engineers and by eliminating the
earnings penalty on senior citizens who continue to work after reaching
retirement age.
IN THE SENATE OF THE UNITED STATES
July 27, 1999
Mr. GRAMM (for himself, Mr. LOTT, and Mr. MCCONNELL) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
To promote economic growth and opportunity by increasing the level of visas
available for highly specialized scientists and engineers and by eliminating the
earnings penalty on senior citizens who continue to work after reaching
retirement age.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
TITLE I--H-1B NONIMMIGRANT WORKERS
SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS.
(a) ANNUAL LIMITATIONS- Section 214(g)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(A), is amended by striking clauses (iii)
through (v) and inserting the following:
`(iii) with respect to all such aliens other than aliens described in
paragraph (5)--
`(I) 200,000 for each of the fiscal years 2000, 2001, and 2002; and
`(II) 65,000 for each succeeding fiscal year.'.
(b) EXEMPTION FROM ANNUAL LIMITATION- Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)), is amended by adding at the end the
following new paragraph:
`(5) The numerical limitations contained in paragraph (1)(A)(iii) shall not
apply to any nonimmigrant alien admitted under section 101(a)(15(H)(i)(b)
who--
`(A) has attained a master's degree or higher degree (or its equivalent)
in a specialty related to the intended employment and receives wages
(including cash bonuses and similar compensation) at an annual rate equal to
at least $60,000; or
`(B) has attained a bachelor's degree or higher degree (or its
equivalent) and is employed (or has received an offer of employment) at an
institution of higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))).'.
(c) EXEMPTION FROM ATTESTATION REQUIREMENTS- Section 212(n)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(B)) is amended by adding
the following:
`(III) has attained a bachelor's degree or higher degree (or its
equivalent) and is employed (or has received an offer of employment) at an
institution of higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))).'.
TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS
SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO CONTINUE TO
WORK AFTER REACHING RETIREMENT AGE.
(a) IN GENERAL- Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(1) in subsection (c)(1), by striking `the age of seventy' and inserting
`retirement age (as defined in section 216(l))';
(2) in paragraphs (1)(A) and (2) of subsection (d), by striking `the age of
seventy' each place it appears and inserting `retirement age (as defined in
section 216(l))';
(3) in subsection (f)(1)(B), by striking `was age seventy or over' and
inserting `was at or above retirement age (as defined in section 216(l))';
(4) in subsection (f)(3)--
(A) by striking `33 1/3 percent' and all that follows through `any other
individual,' and inserting `50 percent of such individual's earnings for
such year in excess of the product of the exempt amount as determined under
paragraph (8),'; and
(B) by striking `age 70' and inserting `retirement age (as defined in
section 216(l))';
(5) in subsection (h)(1)(A), by striking `age 70' each place it appears and
inserting `retirement age (as defined in section 216(l))'; and
(6) in subsection (j)--
(A) in the heading, by striking `Age Seventy' and inserting `Retirement
Age'; and
(B) by striking `seventy years of age' and inserting `having attained
retirement age (as defined in section 216(l))'.
(b) CONFORMING AMENDMENTS ELIMINATING THE SPECIAL EXEMPT AMOUNT FOR
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE-
(1) UNIFORM EXEMPT AMOUNT- Section 203(f)(8)(A) of the Social Security Act
(42 U.S.C. 403(f)(8)(A)) is amended by striking `the new exempt amounts
(separately stated for individuals described in subparagraph (D) and for other
individuals) which are to be applicable' and inserting `a new exempt amount
which shall be applicable'.
(2) CONFORMING AMENDMENTS- Section 203(f)(8)(B) of such Act (42 U.S.C.
403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking `Except' and all that
follows through `whichever' and inserting `The exempt amount which is
applicable for each month of a particular taxable year shall be whichever';
(B) in clauses (i) and (ii), by striking `corresponding' each place it
appears; and
(C) in the last sentence, by striking `an exempt amount' and inserting
`the exempt amount'.
(3) REPEAL OF BASIS FOR COMPUTATION OF SPECIAL EXEMPT AMOUNT- Section
203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments-
(1) ELIMINATION OF REDUNDANT REFERENCES TO RETIREMENT AGE- Section 203 of
the Social Security Act (42 U.S.C. 403) is amended--
(A) in subsection (c), in the last sentence, by striking `nor shall any
deduction' and all that follows and inserting `nor shall any deduction be
made under this subsection from any widow's or widower's insurance benefit
if the widow, surviving divorced wife, widower, or surviving divorced
husband involved became entitled to such benefit prior to attaining age
60.'; and
(B) in subsection (f)(1), by striking subparagraph (D) and inserting the
following: `(D) for which such individual is entitled to widow's or
widower's insurance benefits if such individual became so entitled prior to
attaining age 60,'.
(2) CONFORMING AMENDMENT TO PROVISIONS FOR DETERMINING AMOUNT OF INCREASE
ON ACCOUNT OF DELAYED RETIREMENT- Section 202(w)(2)(B)(ii) of such Act (42
U.S.C. 402(w)(2)(B)(ii)) is amended--
(A) by striking `either'; and
(B) by striking `or suffered deductions under section 203(b) or 203(c) in
amounts equal to the amount of such benefit'.
(3) PROVISIONS RELATING TO EARNINGS TAKEN INTO ACCOUNT IN DETERMINING
SUBSTANTIAL GAINFUL ACTIVITY OF BLIND INDIVIDUALS- The second sentence of
section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking `if
section 102 of the Senior Citizens' Right to Work Act of 1996 had not been
enacted' and inserting the following: `if the amendments to section 203 made
by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the XXXXXXXX
Act of 1999 had not been enacted'.
(d) EFFECTIVE DATE- The amendments and repeals made by this section shall
apply with respect to taxable years beginning after December 31, 1999.
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