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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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To amend the Immigration and Nationality Act to establish a 5-year pilot program under which certain aliens completing an advanced degree in mathematics, science, engineering, or computer science are permitted to change nonimmigrant classification in order to remain in the United States for a 5-year period for the purpose of working in one of those fields, and to foster partnerships between public schools and private industry to improve mathematics, science, and technology education in public schools. IN THE SENATE OF THE UNITED STATES September 28, 1999 Mr. ROBB (for himself, Mr. SCHUMER, Mr. KERRY, Mr. LEAHY, Mr. JOHNSON, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to establish a 5-year pilot program under which certain aliens completing an advanced degree in mathematics, science, engineering, or computer science are permitted to change nonimmigrant classification in order to remain in the United States for a 5-year period for the purpose of working in one of those fields, and to foster partnerships between public schools and private industry to improve mathematics, science, and technology education in public schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.This Act may be cited as the `Helping Improve Technology Education and Competitiveness Act' or the `HITEC Act'. SEC. 101. AUTHORIZING CHANGE IN NONIMMIGRANT STATUS FOR EMPLOYMENT-BASED NONIMMIGRANTS WITH DEGREES IN MATHEMATICS, SCIENCE, ENGINEERING, OR COMPUTER SCIENCE.(a) ESTABLISHMENT OF NONIMMIGRANT CATEGORY- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 101(a)(15)) is amended-- (1) in subparagraph (R), by striking `or' at the end; (2) in subparagraph (S), by striking the comma at the end and inserting `; or'; and (3) by inserting after subparagraph (S) the following: `(T) subject to section 214(n), an alien who is authorized to change nonimmigrant classification and remain temporarily in the United States to perform services (other than services described in subclause (a) of subparagraph (H)(i) during the period in which such subclause applies, services described in subclause (ii)(a) of subparagraph (H), or services described in subparagraph (O) or (P)) in a special technical occupation described in section 214(n)(2), who meets the requirements for the occupation specified in section 214(n)(3), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 212(o)(1);'. (b) PROCESS FOR APPROVAL OF PETITIONS- Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: `(10)(A) The question of providing any alien status as a nonimmigrant under section 101(a)(15)(T) in any specific case or specific cases shall be determined by the Attorney General upon petition of the employer seeking to employ the alien. Such petition shall be made and approved before the status is granted, and, in the case of a petition described in subparagraph (B)(i), the petition shall be made and approved before the alien obtains the degree described in subsection (n)(3)(B). The petition shall be in such form and contain such information as the Attorney General shall prescribe, consistent with subsection (n), and shall specify a period of intended employment. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant with such status. `(B) The Attorney General shall impose a fee on an employer filing a petition under subparagraph (A)-- `(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(T); `(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or `(iii) to obtain authorization for an alien having such status to change employers. `(C) The amount of the fee shall be $500 for each petition filed under clause (ii) or (iii) of subparagraph (B) and $1,000 for each petition filed under subparagraph (B)(i). `(D) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(t).'. (c) REQUIREMENTS FOR CHANGE OF NONIMMIGRANT CLASSIFICATION; ENFORCEMENT OF EMPLOYER OBLIGATIONS- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- (1) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and (2) by adding at the end the following: `(n)(1) Notwithstanding section 248 or 212(e), or any other provision of this Act, the Attorney General may, under such conditions as the Attorney General may prescribe consistent with this subsection and subsection (c)(10)(A), authorize a change from a nonimmigrant classification under subparagraph (F) or (J) of section 101(a)(15) to a nonimmigrant classification under section 101(a)(15)(T) in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v)). `(2) For purposes of section 101(a)(15)(T) and paragraph (3), the term `special technical occupation' means an occupation in a high-technology field-- `(A) that uses the knowledge, skills, and abilities possessed by persons attaining a master's or higher degree with a major in mathematics, science, engineering, or computer science, and requires such knowledge, skills, and abilities as a minimum for entry into the occupation in the United States; and `(B) with respect to which the annual total compensation (including the value of all wages, salary, bonuses, stock, stock options, and any other similar form of remuneration) equals or exceeds $60,000.`(3) For purposes of section 101(a)(15)(T), the requirements of this paragraph, with respect to a special technical occupation, are-- `(A) full State licensure to practice in the occupation, if such licensure is required to practice in the occupation; `(B) not earlier than 90 days prior to initially obtaining nonimmigrant status under such section, having been graduated, with a degree described in paragraph (2)(A) for the occupation, from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) inside the United States whose students receive loans under part B or D of title IV of such Act (20 U.S.C. 1070 et seq.; 20 U.S.C. 1087a et seq.); and `(C) obtaining a contractual obligation on the part of the employer filing the petition on behalf of the alien under section 214(c)(10)(A) to pay the alien in accordance with paragraph (2)(B) at all times during the period of intended employment in the United States specified in the petition. `(4) In the case of a nonimmigrant described in section 101(a)(15)(T), the period of authorized stay in the United States as such a nonimmigrant may not exceed 5 years. `(5) An employer who has filed a petition under subsection (c)(10)(A) with respect to an employee having nonimmigrant status under section 101(a)(15)(T) annually shall submit to the Secretary of Labor a copy of the most recent statement under section 6051 of the Internal Revenue Code of 1986 for the employee. Based on information in any such statement, the Secretary of Labor may initiate an investigation described in section 212(o)(2) concerning a possible failure, misrepresentation, or violation, without a complaint described in such paragraph, if the Secretary of Labor has a reasonable basis for such initiation. `(6)(A) The Attorney General shall submit every 6 months to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under section 101(a)(15)(T) for the previous 6-month period, the number aliens granted nonimmigrant status pursuant to such petitions. Such data shall be reported on a monthly basis for each month in the reporting period. `(B) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to each workers included in such approved petitions under section 101(a)(15)(T) for the previous fiscal year, the following: `(i) Occupation. `(ii) Employer. `(iii) Annual total compensation. `(iv) Highest degree completed at an institution of higher education described in paragraph (2)(B). `(v) Name of such institution. `(vi) Concentration or major with respect to such degree.'. SEC. 102. LABOR CONDITION APPLICATIONS.(a) IN GENERAL- Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (n) the following: `(o) LABOR CONDITION APPLICATIONS- `(1) No alien may be admitted or provided status as a T nonimmigrant in occupational classification unless the employer has filed with the Secretary of Labor an application stating the following: `(A) The employer-- `(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as a T non-immigrant wages that are at least-- `(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or `(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the application, and `(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed. `(B) There is not a strike or lockout in the course of a labor dispute in the special technical occupation at the place of employment. `(C) The employer, at the time of filing the application-- `(i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or `(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which T nonimmigrants are sought. `(D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(T) within 7 days of the date of the filing of the application `(2)(A) Subject to paragraph (5)(A), the Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred. `(B) Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary may consolidate the hearings under this subparagraph on such complaints. `(C)(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraph (1)(C) or (1)(D) or a misrepresentation of material fact in an application-- `(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and `(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during a period of at least 1 year for aliens to be employed by the employer. `(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)-- `(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and `(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during a period of at least 2 years for aliens to be employed by the employer. `(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any change in nonimmigrant status supported by the application-- `(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary determines to be appropriate; and `(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during a period of at least 3 years for aliens to be employed by the employer. `(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. `(v) The Secretary of Labor and the Attorney General shall devise a process under which a T nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. `(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require a T nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law. `(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(10)(A), for which a fee is imposed under section 214(c)(10)(B), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien. `(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury. `(vii)(I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an T nonimmigrant designated as a full-time employee on the petition filed under section 214(c)(10) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant's lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time. `(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places a T nonimmigrant designated as a part-time employee on the petition filed under section 214(c)(10) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition. `(III) In the case of a T nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 214(c)(10), with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the United States pursuant to the petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the United States on the date of the approval of the petition). `(IV) This clause does not apply to a failure to pay wages to a T nonimmigrant for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work. `(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to a T nonimmigrant an established salary practice of the employer, under which the employer pays to T nonimmigrants and United States workers in the same occupational classification an annual salary in disbursements over fewer than 12 months, if-- `(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and `(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to violate any condition of the nonimmigrant's authorization under this Act to remain in the United States. `(VI) This clause shall not be construed as superseding clause (viii). `(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to a T nonimmigrant, during the nonimmigrant's period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers. `(D) If the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed. `(E) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998 (enacted Oct. 21, 1998)) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph (1) or to have made a willful misrepresentation of material fact in an application. The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A). `(F)(i) If the Secretary receives specific credible information from a source, who is likely to have knowledge of an employer's practices or employment conditions, or an employer's compliance with the employer's labor condition application under paragraph (1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A) or (1)(B), has engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary may conduct a 30-day investigation into the alleged failure or failures. The Secretary (or the Acting Secretary in the case of the Secretary's absence or disability) shall personally certify that the requirements for conducting such an investigation have been met and shall approve commencement of the investigation. The Secretary may withhold the identity of the source from the employer, and the source's identity shall not be subject to disclosure under section 552 of title 5, United States Code. `(ii) The Secretary shall establish a procedure for any person, desiring to provide to the Secretary information described in clause (i) that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of clause (iii)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of the person). `(iii) Any investigation initiated or approved by the Secretary under clause (i) shall be based on information that satisfies the requirements of such clause and that (I) originates from a source other than an officer or employee of the Department of Labor, or `(II) was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor investigation under this Act or any other Act. `(iv) The receipt by the Secretary of information submitted by an employer to the Attorney General or the Secretary for purposes of securing the employment of a T nonimmigrant shall not be considered a receipt of information for purposes of clause (i). `(v) No investigation described in clause (i) (or hearing described in clause (vii)) may be conducted with respect to information about a failure to meet a condition described in clause (i), unless the Secretary receives the information not later than 12 months after the date of the alleged failure `(vi) The Secretary shall provide notice to an employer with respect to whom the Secretary has received information described in clause (i), prior to the commencement of an investigation under such clause, of the receipt of the information and of the potential for an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause. `(vii) If the Secretary determines under this subparagraph that a reasonable basis exists to make a finding that a failure described in clause (i) has occurred, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. `(H) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this Act (such as the authorities under section 274B (8 U.S.C. 1324b)), or any other Act. `(3) Notwithstanding any other provision of law, civil money penalties collected under this subsection shall be deposited in the Treasury in accordance with section 286(t). `(4) For purposes of this subsection: `(A) The term `area of employment' means the area within normal commuting distance of the worksite or physical location where the work of the T nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. `(B) In the case of an application with respect to one or more T nonimmigrants by an employer, the employer is considered to `displace' a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job. `(C) The term `T nonimmigrant' means an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(T). `(D)(i) The term `lays off', with respect to a worker-- `(I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but `(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. `(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract. `(E) The term `United States worker' means an employee who-- `(i) is a citizen or national of the United States; or `(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 (8 U.S.C. 1157), is granted asylum under section 208 (8 U.S.C. 1158), or is an immigrant otherwise authorized, by this Act or by the Attorney General, to be employed.'. (b) CONFORMING AMENDMENT- Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 1182(p)) is amended by striking `and (a)(5)(A)' and inserting `, (a)(5)(A), and (o)(1)(A)(i)(II)'. SEC. 103. ESTABLISHMENT OF HIGH-TECH EDUCATION FUND ACCOUNT; USE OF FEES.Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following:`(t) HIGH-TECH EDUCATION FUND ACCOUNT- `(1) IN GENERAL- There is established in the general fund of the Treasury a separate account, which shall be known as the `High-Tech Education Fund Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(10) and all civil money penalties collected under section 214(n)(7)(C). `(2) USE OF FEES FOR K-12 MATHEMATICS, SCIENCE, AND TECHNOLOGY EDUCATION- Except as provided in paragraph (3), amounts deposited into the High-Tech Education Fund Account shall remain available to the Secretary of Commerce until expended to make merit-reviewed grants for programs that provide opportunities for enrollment in academic enrichment courses in mathematics, science, and technology for elementary and secondary school students, as described in title II of the HITEC Act. `(3) USE OF FEES FOR DUTIES RELATING TO PETITIONS- 3 percent of the amounts deposited into the High-Tech Education Fund Account shall remain available to the Attorney General until expended to carry out duties under subsections (c)(10) and (n) of section 214.'. SEC. 104. EFFECTIVE DATE; SUNSET.(a) EFFECTIVE DATE- The amendments made by this title shall take effect beginning with fiscal year 2000. (b) SUNSET- The amendments made by sections 101 and 102 shall cease to be effective on September 30, 2004, except with respect to any alien having nonimmigrant status pursuant to such amendments before such date. In the case of such an alien, the amendments made by sections 101 and 102 shall remain in effect until the date on which such nonimmigrant status otherwise would expire (disregarding any potential extension of status). SEC. 201. AUTHORIZATION.(a) IN GENERAL- The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, and in consultation and coordination with the Secretary of Education, shall, subject to the availability of appropriations, provide grants to eligible entities described in subsection (b) to assist such entities in improving mathematics, science, and technology education in public schools. (b) ELIGIBLE ENTITIES DESCRIBED- An eligible entity described in this subsection is a consortium that-- (1) shall consist of representatives from businesses (or nonprofit organizations that represent businesses); and (2) may consist of representatives from 1 or more of the following: (A) Local education organizations (as defined in the Elementary and Secondary Education Act of 1965). (B) State and local government. (C) Education organizations. (c) MAXIMUM AMOUNT OF GRANT- The amount of a grant provided to an eligible entity under subsection (a) may not exceed $500,000 for any fiscal year. SEC. 202. USE OF AMOUNTS.(a) IN GENERAL- The Secretary shall provide grants under section 201 to an eligible entity if such entity agrees to use amounts received from such grant to do one or more of the following: (1) Provide qualified individuals to train teachers in public elementary and secondary schools how to-- (A) use high-technology equipment; (B) incorporate high-technology into the curriculum (especially using technology to teach core subjects, such as mathematics and science); or (C) use technology to plan lessons, communicate with students or parents, or more efficiently complete administrative tasks. (2) Provide qualified individuals to serve as technology support personnel for public elementary and secondary schools to help schools and school divisions maintain and upgrade their technological capabilities. (3) Provide qualified individuals to assist in the instruction of mathematics, science, and technology education in public secondary schools. (4) Provide expertise and resources to schools or school districts to further enhance both the technological infrastructure within schools and the innovative instruction of mathematics, science, and technology education. (b) ADDITIONAL REQUIREMENT- In carrying out the program described in subsection (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 5 percent of the amount of a grant to pay for administrative costs associated with the program described in subsection (a). (d) SPECIAL CONSIDERATION FOR GRANTS- The Secretary shall give preferential consideration to eligible entities that include more than one of the criteria set out in subsection (a). SEC. 203. REQUIREMENT OF MATCHING FUNDS.(a) IN GENERAL- The Secretary may not provide a grant under section 201 to an eligible entity unless such entity agrees that-- (1) the entity will make available non-Federal contributions toward the costs of carrying out activities under section 202 in an amount that is not less than $2 for each $1 of Federal funds provided under a grant under section 201; and (2) of such non-Federal contributions, not less than $1 of each such $2 shall be from businesses with representatives serving on the eligible entity. (b) EXCEPTION- For eligible entities formed to assist rural schools, Bureau of Indian Affairs schools, and schools whose student population is comprised of at least 50 percent of students eligible for services under title I of the Elementary and Secondary Education Act of 1965, the entity shall comply with the requirements of subsection (a), except that the Federal contribution shall be $2 for every $2 contributed by the eligible entity. (c) STATUTORY CONSTRUCTION- Nothing in this title prohibits business representatives of eligible entities from contributing more resources than are required by subsection (a). SEC. 204. LIMIT ON ADMINISTRATIVE EXPENSES.The Secretary of Commerce may use not more than 5 percent of the funds made available to carry out this title to pay for Federal administrative costs associated with making grants under this title. SEC. 205. HITEC GOLD MEDAL.(a) AWARD ESTABLISHED- (1) IN GENERAL- The Secretary of Commerce shall carry out a program that recognizes businesses (or nonprofit organizations that represent businesses) that have demonstrated extraordinary commitment to improving and enhancing the quality of mathematics, science, and technology education by partnering with public elementary and secondary schools. (2) HITEC GOLD MEDAL- Each business (or nonprofit organization) recognized under paragraph (1) shall be awarded a `HITEC Gold Medal'. The medal shall be of such design and materials and bear such inscriptions as the Secretary may prescribe. (b) LIMITATIONS- (1) AWARDS- The Secretary shall not make more than 15 awards under this section for any fiscal year. (2) ELIGIBILITY- Any recipient of the award shall be ineligible to receive a second or subsequent award for a period of 3 years. (c) APPLICATIONS- (1) IN GENERAL- Each business desiring recognition under subsection (a)(1) shall submit to the Secretary of Commerce an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) CRITERIA FOR CONSIDERATION- The Secretary of Commerce shall, when making award determinations, consider the extent to which the applicant-- (A) has engaged in innovative partnerships with schools to support the activities described in section 202(a); (B) has helped improve the technological skills of teachers, students, and administrators; and (C) has helped enhance the technological capabilities of school facilities. (3) OTHER CRITERIA- Other appropriate criteria may also be considered, at the discretion of the Secretary of Commerce, if the criteria are consistent with the purpose of this medal, as described in subsection (a)(1). (d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2000 through 2004. |
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