[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2687 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2687

  To amend the Immigration and Nationality Act to establish a 5-year 
  pilot program under which certain aliens completing a postsecondary 
 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1999

 Ms. Lofgren (for herself, Mr. Conyers, Mr. Dooley of California, Ms. 
Eshoo, Ms. Pelosi, Ms. Sanchez, Mrs. Tauscher, Ms. Woolsey, Mr. Matsui, 
 Mr. Thompson of California, Ms. Jackson-Lee of Texas, Mr. Berman, Mr. 
Meehan, and Mr. Kind) introduced the following bill; which was 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 a postsecondary 
 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.

    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 ``Bringing Resources from Academia to 
the Industry of Our Nation Act'' or the ``BRAIN Act''.

SEC. 2. PILOT PROGRAM 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);''.
    (b) 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 bachelor'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 Attorney General 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 Attorney General may initiate an investigation described 
in paragraph (7)(A) concerning a possible failure, misrepresentation, 
or violation, without a complaint described in such paragraph, if the 
Attorney General has a reasonable basis for such initiation.
    ``(6)(A) It is a violation of this subparagraph for an employer who 
has filed a petition under subsection (c)(10)(A) to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any other 
manner discriminate against an employee (which term, for purposes of 
this subparagraph, 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 failure to meet a condition specified in the petition or a 
misrepresentation of material facts in the petition, or any rule or 
regulation pertaining to such 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 such subsection or any rule or regulation pertaining to such 
subsection.
    ``(B) The Attorney General shall devise a process under which a 
nonimmigrant described in section 101(a)(15)(T) who files a complaint 
regarding a violation of subparagraph (A) 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.
    ``(7)(A) The Attorney General shall establish a process for the 
receipt, investigation, and disposition of complaints respecting a 
petitioner's failure to meet a condition specified in a petition under 
subsection (c)(10)(A), a petitioner's misrepresentation of material 
facts in such a petition, or a violation of paragraph (6)(A). 
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, 
misrepresentation, or violation unless the complaint was filed not 
later than 12 months after the date of the failure, misrepresentation, 
or violation, respectively. The Attorney General shall conduct an 
investigation under this subparagraph if there is reasonable cause to 
believe that such a failure, misrepresentation, or violation has 
occurred.
    ``(B) Under such process, the Attorney General 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 Attorney General 
determines that such a reasonable basis exists, the Attorney General 
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 Attorney General 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 petitioner, the 
Secretary may consolidate the hearings under this subparagraph on such 
complaints.
    ``(C) If the Attorney General finds, after notice and opportunity 
for a hearing, a failure to meet a condition specified in a petition 
under subsection (c)(10)(A), a petitioner's misrepresentation of 
material facts in such a petition, or a violation of paragraph (6)(A), 
the Attorney General--
            ``(i) shall revoke the status under section 101(a)(15)(T) 
        of any alien having such status employed by the petitioner, 
        beginning 90 days after the date the finding is made, unless 
        the alien has obtained from the Attorney authorization to 
        change employers during the 90-day period;
            ``(ii) may not approve any other petition filed by the 
        petitioner under subsection (c)(10)(A); and
            ``(iii) may impose such other administrative remedies 
        (including civil monetary penalties in an amount not to exceed 
        $10,000 per violation) as the Attorney General determines to be 
        appropriate.
    ``(D) Notwithstanding any other provision of law, civil money 
penalties collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(t).
    ``(8)(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.''.
    (c) Collection and Use of Fees.--
            (1) Imposition of fee.--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).''.
            (2) Establishment of 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 
        computer science education.--Except as provided in paragraph 
        (3), amounts deposited into the High-Tech Education Fund 
        Account shall remain available to the Director of the National 
        Science Foundation until expended to make merit-reviewed 
        grants, under section 3(a)(1) of the National Science 
        Foundation Act of 1950 (43 U.S.C. 1862(a)(1)), for programs 
        that provide opportunities for enrollment in academic 
        enrichment courses in mathematics, science, and computer 
        science for elementary and secondary school students.
            ``(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.''.
    (d) Effective Date; Sunset.--
            (1) Effective date.--The amendments made by this section 
        shall take effect beginning with fiscal year 2000.
            (2) Sunset.--The amendments made by subsections (a), (b), 
        and (c)(1) 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 subsections (a) and (b) 
        shall remain in effect until the date on which such 
        nonimmigrant status otherwise would expire (disregarding any 
        potential extension of status).
                                 <all>