Story: House Judiciary Committee Begins Markup of Smith H1B Bill, 5/9/00.

(May 9, 2000) The House Judiciary Committee began markup of HR 4227, Rep. Smith's H1B visa bill, on May 9. The Committee approved a major amendment offered by Reps. Smith, Lee, and Goodlatte. The markup will continue on May 10.

Rep. Lamar Smith (R-TX) introduced HR 4227 IH on April 11, 2000. The bill, as introduced, removes the annual cap on H1B visas for the next three years. However, it also imposes many requirements on employers. The petitioning company must demonstrate that it has increased its number of American employees, increased total compensation to American employees, and increased average compensation to American employees. In addition, H1B visas will only be issued for workers being paid at least $40,000 per year.

The amendment removes the requirement that employers must show a net increase in workers to be eligible to hire H1B workers. It eliminates the English language requirement for instructors receiving H1B visas. It also eliminates the publication of the names of H1B visa holders on the web, and provides for increased portability of H1B status.

Rep. Smith read a statement at the hearing. "The bill we are considering," said Rep. Smith, "sets no limits on the number of skilled foreign workers we admit under H-1B visas during the next three years. The market should determine how many high-tech workers we need rather than have Congress set limits based on arbitrary numbers. The bill also contains provisions that benefit workers and reduce fraud."

HR 4227 is just one of many bills pertaining to visas for high tech workers currently pending in the House and Senate. One competing bill is the HI-Tech Act, HR 3983, sponsored by Rep. David Dreier (R-CA) and Rep. Zoe Lofgren (D-CA).

Rep. Lofgren offered an amendment at the May 9 markup that contained the language of HR 3983, plus additional material. Rep. Lofgren's amendment was ruled not germane, and hence, was not debated further.

Rep. Lofgren ultimately voted against the Smith amendment. Whether Rep. Lofgren will be able to offer her bill as a substitute amendment when HR 4227 reaches the House floor will depend on the decision of the House Rules Committee. Rep. Dreier is the Chairman. However, he has also spoken positively about HR 4227.

The May 9 markup lasted three hours. A dozen amendments, and amendments to amendments, were considered. The Committee first approved the Smith amendment on a roll call vote of 24 to 7. The Committee also approved a short amendment offered by Rep. Smith that changes references to the National Science Foundation to Congressional Budget Office. The bill calls for a study to be conducted by the NSF. Rep. James Sensenbrenner (R-WI), who is also Chairman of the House Science Committee, which oversees the NSF, stated that the NSF is not capable of conducting immigration related studies.

The Committee also approved an amendment offered by Committee Chairman Rep. Henry Hyde (R-IL) that exempts secondary school teachers from the bill's requirement that H1B visa recipients receive a minimum salary of $40,000. Rep. Hyde stated that there is a shortage of math and science teachers. The vote of 15 to 13 broke down largely along party lines, with Republicans supporting the measure.

The Committee also approved an amendment offered by Rep. Lee that reduces the H1B application fee for schools to $100. This was supported by Rep. Smith, and adopted by a voice vote.

Rep. Jerrold Nadler (D-NY) offered an amendment pertaining to grants for information technology training programs for minorities, women, older workers, veterans, native Americans, and dislocated workers. It was ruled not germane.

Rep. John Conyers (D-MI) offered an amendment pertaining to immigration status of certain refugees from Haiti, Guatemala, and El Salvador. In a creative effort to avoid the germaneness rule, his amendment extended H1B visas to these persons. However, after lengthy debate, it was still ruled not germane.

The Committee conducted three roll call votes. These are recorded in the table below. The third roll call vote was on an amendment offered by Rep. Maxine Waters (D-CA) to create a pilot program for minorities. It was defeated.

House Judiciary Committee Roll Call Votes on HR 4227 Technology Worker Temporary Relief Act May 9, 2000
Last Name	First Name	Party	State	Smith Amend.	Hyde Amend.	Waters Amend.
Hyde	Henry	R	IL	Yes	Yes	No
Sensenbrenner	James	R	WI	No		No
McCullom	Bill	R	FL
Gekas	George	R	PA	Yes	Yes	No
Coble	Howard	R	NC		Yes	No
Smith	Lamar	R	TX	Yes	Yes	No
Gallegly	Elton	R	CA			No
Canady	Charles	R	FL	Yes	Yes	No
Goodlatte	Bob	R	VA			No
Chabot	Steve	R	OH		Yes	No
Barr	Bob	R	GA	No	No	No
Jenkins	Bill	R	TN	Yes	Yes	No
Hutchinson	Asa	R	AR	Yes	Yes	No
Pease	Ed	R	IN	Yes	Yes	Yes
Cannon	Chris	R	UT	Yes	Yes	No
Rogan	James	R	CA	Yes	Yes
Graham	Lindsey	R	SC	Yes	Yes	No
Bono	Mary	R	CA	Yes	Yes	No
Bachus	Spencer	R	AL	No	Yes	No
Scarborough	Joe	R	FL	Yes
Vitter	David	R	LA	Yes	Yes	No
Conyers	John	D	MI	Yes	No	Yes
Frank	Barney	D	MA	Yes	No	Yes
Berman	Howard	D	CA	Yes
Boucher	Rick	D	VA
Nadler	Jerrold	D	NY	Yes	No	Yes
Scott	Robert	D	VA	Yes	No	Yes
Watt	Mel	D	NC	Yes	No	Yes
Lofgren	Zoe	D	CA	No	No
Lee	Sheila	D	TX	Yes	No	Yes
Waters	Maxine	D	CA	Yes	No	Yes
Meehan	Martin	D	MA	Yes
Delahunt	William	D	MA	Yes	No	Yes
Wexlar	Robert	D	FL	No	No	Yes
Rothman	Steve	D	NJ	No
Baldwin	Tammy	D	WI	Yes	No	Yes
Weiner	Anthony	D	NY	No	No	Yes

Amendments to HR 4227 Considered by the House Judiciary Committee May 9, 2000
Sponsor	Description	Disposition
Smith	Major revisions	Approved 24 to 7
Smith	Change references to the NSF to CBO in Smith Amend.	Unanimous consent
Hyde	Exempt school teachers from minimum salary requirement	Approved 15 to 13
Lee	Lower application fee to $100 for schools	Approved by voice vote
Waters	Create a pilot minorities program	Failed 12 to 17
Lofgren	HI-TECH Act, Spousal Equity Act, and other	Ruled not germane
Conyers	Make certain Haitians and central Americans eligible for H1B visas	Ruled not germane
Nadler	Education and training	Ruled not germane
Weiner	Change immigration status of Syrian Jews	Withdrawn