Markup of Smith H1B Visa Bill Delayed: House Could Consider Dreier-Lofgren Bill

(May 10, 2000) The House Judiciary Committee adjourned without completing its markup of HR 4227, Rep. Smith's H1B visa bill, for lack of a quorum, on Wednesday morning, May 10. Supporters of a rival bill sponsored by Rep. Dreier and Rep. Lofgren argue that a lack of support for the bill led the the lack of a quorum.

The House Judiciary Committee began its mark up of HR 4227, the Technology Worker Temporary Relief Act, on Wednesday, May 9. It was scheduled to continue its mark up on Wednesday morning, May 10. However, an insufficient number of members attended the mark up to constitute a quorum. Committee Chairman Henry Hyde (R-IL) postponed the mark up, but set no new date.

Rep. Lamar Smith (R-TX), the sponsor of HR 4227, and the Chairman of the House Immigration Subcommittee, remains optimistic that his bill will be approved by the Judiciary Committee, and by the full House.

"We did not get a quorum, so there was no committee action," said Allan Kay, an assistant to Rep. Smith. "It reflects a lack of members present for the markup," not a lack of votes.

The House did have a unusually packed schedule of events related to high tech and other issues on Wednesday morning. There was a House Science Committee hearing on the "Love Bug" virus. There were two House Commerce Committee markups: one for HR 1291, the Internet Access Charge Prohibition Act, and the other for a pair of telecommunications bills, HR 4201 and HR 3489. The Republicans held an event to announce a new "e-contract". The House Education and Workforce Committee held a hearing pertaining to job training and H1B visas. Finally, the full House began debate on HR 3709, the Internet Non-Discrimination Act, the bill to extend the moratorium on new or discriminatory taxes on the Internet. This bill came out of the Judiciary Committee, and some of its members were involved in the debate.

On the other hand, supporters of a rival H1B bill argue that many members of the committee did not attend the markup because they do not support HR 4227. The argument continues that other members of the Judiciary Committee, and members of the House, are reluctant to publicly oppose or vote against the bill, out of respect and deference for Rep. Smith and Rep. Sheila Lee (D-TX), the ranking minority member of the Immigration Subcommittee.

The other bill waiting in the wings is HR 3983. This bill, which is also known as the HI-TECH Act, is sponsored by Rep. David Dreier (R-CA). Its lead cosponsor is Rep. Zoe Lofgren (D-CA). Democrats tend to refer to it as the "Lofgren bill", or "Lofgren-Dreier", while Republicans tend to refer to it as the "Dreier bill", or "Dreier-Lofgren".

Rep. Dreier is also Chairman of the House Rules Committee, which may ultimately determine what bill and what amendments may be voted on by the full House.

HR 3983 has not been the subject of any hearings. And it has not been reported by the Judiciary Committee. It is quite unusual for the Rules Committee to allow a bill to go to the floor without coming out of committee. However, this may be an exception.

Rep. Barney Frank (D-MA), who is a member of the Judiciary Committee, and its Immigration Subcommittee, was active in the debates at the markups of the Smith bill in the full committee and subcommittee.

"The ultimate decision on this bill will be elsewhere than the Judiciary Committee," Rep. Frank told Tech Law Journal on May 10. "Ultimately, the bill that is going to pass is going to be more favorable to the high tech industry."

"It will look a lot more like Lofgren-Dreier" on its H1B provisions, said Rep. Frank.

"We have developed a two track procedure in the Judiciary Committee," added Rep. Frank. He continued that many of the bills reported by the committee are not those that get taken up on the house floor.

Rep. Frank, as well as several other Democrats on the Judiciary Committee, want to see the H1B bill address more than just the shortfall of workers for high tech companies.

"We do need more H1B visas now," said Rep. Frank. But this helps "wealthy people". He wants legislation to also address the immigration concerns of poor people.

One such proposal concerns late amnesty for certain persons from Central America and Haiti. Rep. John Conyers (D-MI) offered an amendment on this topic at the May 9 markup. Also, this topic is addressed in Rep. Lofgren's substitute, which was also ruled not germane on May 9.

Rep. Frank speculates that late amnesty may gather some Republican support because of the Presidential candidacy of Gov. George W. Bush, who is reaching out to Hispanics.