[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3983 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3983

 To amend the Immigration and Nationality Act to promote a fairer and 
 more efficient means for using highly skilled workers, to improve the 
 collection and use of H-1B nonimmigrant fees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2000

  Mr. Dreier (for himself, Ms. Lofgren, Mr. Smith of Washington, Mr. 
Davis of Virginia, Mr. Dooley of California, Mr. Armey, Ms. Eshoo, Ms. 
  Dunn, Mr. Moran of Virginia, Mr. Oxley, Mr. Doggett, Mr. Shays, Mr. 
 Kennedy of Rhode Island, Mr. Sessions, Mr. Menendez, Mr. Knollenberg, 
   Mr. Roemer, Mr. Linder, Ms. McCarthy of Missouri, Mr. Kolbe, Ms. 
  Pelosi, and Mrs. Morella) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Education and the Workforce, and Science, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to promote a fairer and 
 more efficient means for using highly skilled workers, to improve the 
 collection and use of H-1B nonimmigrant fees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Helping to Improve 
Technology Education and Achievement Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:


Sec. 1. Short title; table of contents.
      TITLE I--PROVISIONS RELATING TO EMPLOYMENT-BASED IMMIGRATION

Sec. 101. Assuring fair distribution of employment-based visas.
Sec. 102. Internet recruitment.
Sec. 103. Application of Internet based technologies.
          TITLE II--PROVISIONS RELATING TO H-1B NONIMMIGRANTS

Sec. 201. Temporary visa increase.
Sec. 202. Requiring filing of W-2 forms.
Sec. 203. Extension of authorized stay while adjudications are pending.
        TITLE III--COLLECTION AND USE OF H-1B NONIMMIGRANT FEES

Sec. 301. Increase in fee on initial petitions.
Sec. 302. Use of fees for student loan forgiveness.
Sec. 303. Use of fees for upward bound.
Sec. 304. Use of fees for low income scholarship program.
Sec. 305. Use of fees for regional skills training alliances.
Sec. 306. Use of fees for administrative purposes.
Sec. 307. Effective date.

      TITLE I--PROVISIONS RELATING TO EMPLOYMENT-BASED IMMIGRATION

SEC. 101. ASSURING FAIR DISTRIBUTION OF EMPLOYMENT-BASED VISAS.

    (a) Limitation on Per Country Ceiling With Respect to Employment-
Based Immigrants.--
            (1) Special rules.--Section 202(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the 
        end the following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Certain employment-based immigrants not 
                subject to per country limitation if additional visas 
                available.--If the total number of visas available 
                under paragraph (1), (2), (3), (4), or (5) of section 
                203(b) for a calendar quarter exceeds the number of 
                qualified immigrants who may otherwise be issued such 
                visas, the visas made available under that respective 
                paragraph shall be issued without regard to the 
                numerical limitation under paragraph (2) of this 
                subsection during the remainder of the calendar 
                quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(b) exceeds the maximum number of visas that 
                may be made available to immigrants of the state or 
                area under section 203(b) consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying subsection (e) all visas shall be deemed to 
                have been required for the classes of aliens specified 
                in section 203(b).''.
            (2) Conforming amendments.--
                    (A) Per country levels for employment-based 
                immigrants.--Section 202(a)(2) of such Act (8 U.S.C. 
                1152(a)(2)) is amended by striking ``paragraphs (3) and 
                (4)'' and inserting ``paragraphs (3), (4), and (5)''.
                    (B) Special rules for countries at ceiling.--
                Section 202(e)(3) of such Act (8 U.S.C. 1152(e)(3)) is 
                amended by striking ``the proportion of the visa 
                numbers'' and inserting ``except as provided in 
                subsection (a)(5), the proportion of the visa 
                numbers''.
            (3) One-time protection under per country ceiling.--
        Notwithstanding section 214(g)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
                    (A) is the beneficiary of a petition filed under 
                section 204(a) of such Act for a preference status 
                under paragraph (1), (2), or (3) of section 203(b) of 
                such Act; and
                    (B) would be subject to the per country limitations 
                applicable to immigrants under those paragraphs but for 
                this paragraph,
        may apply for, and the Attorney General may grant, an extension 
        of such nonimmigrant status until the alien's application for 
        adjustment of status has been processed and a decision made 
        thereon.
            (4) Effective date.--The amendments made by paragraphs (1) 
        and (2) apply to calendar quarters beginning on or after 
        October 1, 2000.
    (b) Recapture of Unused Employment-Based Immigrant Visas.--
            (1) In general.--Notwithstanding any other provision of 
        law, the number of employment-based visas (as defined in 
        paragraph (3)) made available for a fiscal year (beginning with 
        fiscal year 2001) shall be increased by the number described in 
        paragraph (2). Visas made available under this subsection shall 
        only be available in a fiscal year to employment-based 
        immigrants under paragraph (1), (2), or (3) of section 203(b) 
        of the Immigration and Nationality Act.
            (2) Number available.--
                    (A) In general.--Subject to subparagraph (B), the 
                number described in this paragraph is the difference 
                between the number of employment-based visas that were 
                made available in fiscal year 1999 and 2000 and the 
                number of such visas that were actually used in such 
                fiscal years.
                    (B) Reduction.--The number described in 
                subparagraph (A) shall be reduced, for each fiscal year 
                after fiscal year 2001, by the cumulative number of 
                immigrant visas made available under paragraph (1) for 
                previous fiscal years.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the application of section 
                201(c)(3)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1151(c)(3)(C)).
            (3) Employment-based visas defined.--For purposes of this 
        subsection, the term ``employment-based visa'' means an 
        immigrant visa which is issued pursuant to the numerical 
        limitation under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)).

SEC. 102. INTERNET RECRUITMENT.

    (a) In General.--In carrying out any requirements under the 
Immigration and Nationality Act that requires the Secretary of Labor to 
determine whether an employer has taken action to recruit United States 
workers, the Secretary of Labor shall take into account efforts 
undertaken through the Internet. If an employer uses exclusively the 
Internet as a tool to recruit, this shall not in itself be considered 
to be unsatisfactory.
    (b) Verification.--In carrying out subsection (a), the Secretary of 
Labor shall use the Internet to verify employer recruitment efforts 
undertaken using that medium.
    (c) Application.--Subsections (a) and (b) apply only in the case 
where the employer demonstrates that the employment position for which 
the worker was sought was posted for no less than 30 days on the 
Internet Web Site designated by the Secretary of Labor for the purpose 
of disseminating information about job opportunities.

SEC. 103. APPLICATION OF INTERNET BASED TECHNOLOGIES.

    (a) Establishment of a Tracking System.--The Attorney General and 
the Secretary of Labor, not later than 1 year after the date of the 
enactment of this Act, in consultation with the Technology Advisory 
Committee established under subsection (c), shall establish an Internet 
web-based system, that will permit a person, employer, immigrant, or 
nonimmigrant who has filings with the Attorney General or such 
Secretary for any benefit under the Immigration and Nationality Act, 
access to online information about the processing status of the filing 
involved.
    (b) Feasibility Study for On-Line Filing and Improved Processing.--
            (1) On-line filing.--The Attorney General, in consultation 
        with the Secretary of Labor, the Secretary of Commerce, and the 
        Technology Advisory Committee under subsection (c), shall 
        conduct a feasibility study on the on-line filing of the 
        filings described in subsection (a). The study shall include an 
        estimate of the timeframe and cost and shall consider other 
        factors in implementing such a filing system, including the 
        feasibility of fee payment on-line.
            (2) Examination of improved processing.--The study shall 
        also include a review of computerization and technology of the 
        Department of Labor and the Immigration and Naturalization 
        Service relating to the immigration services and processing of 
        filings related to immigrant services. The study shall examine 
        how to meet the goal of achieving processing of 98 percent of 
        filings for lawful permanent resident status within 3 months of 
        the date on which they are filed and 98 percent of filings for 
        nonimmigrant status within 1 month of the date on which they 
        are filed.
            (3) Report.--A report on the study under this subsection 
        shall be submitted to the Committees on the Judiciary of the 
        House of Representatives and the Senate not later than January 
        1, 2001.
    (c) Technology Advisory Committee.--
            (1) Establishment.--The Attorney General, the Secretary of 
        Labor, and the Secretary of Commerce shall jointly establish, 
        not later than 30 days after the date of the enactment of this 
        Act an advisory committee (in this section referred to as the 
        ``Technology Advisory Committee'') to assist them in--
                    (A) establishing the tracking system under 
                subsection (a);
                    (B) conducting the study under subsection (b); and
                    (C) establishing a system to verify Internet 
                recruitment described in section 102.
        The Technology Advisory Committee shall be established after 
        consultation with the Committees on the Judiciary of the House 
        of Representatives and the Senate.
            (2) Composition.--The Technology Advisory Committee shall 
        be composed of representatives from high technology companies 
        capable of establishing and implementing the system in an 
        expeditious manner, and representatives of persons who may use 
        the tracking system described in subsection (a) and the on-line 
        filing system described in subsection (b)(1).

          TITLE II--PROVISIONS RELATING TO H-1B NONIMMIGRANTS

SEC. 201. TEMPORARY VISA INCREASE.

    (a) In General.--Section 214(g)(1)(A)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)(A)(iv)) is amended to read as 
follows:
                    ``(iv) subject to paragraphs (5) and (6), 200,000 
                in each of fiscal years 2001, 2002, and 2003; and''.
    (b) Reservation for Institutions of Higher Education and Other 
Research Organizations.--Section 214(g) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the 
following:
    ``(5) Of the number specified in paragraph (1)(A)(iv), 10,000 in 
each of fiscal years 2001, 2002, and 2003 shall be reserved to provide 
nonimmigrant status to aliens with respect to whom a petition under 
section 214(c) has been filed by an employer that is--
            ``(A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965), or a 
        related or affiliated nonprofit entity; or
            ``(B) a nonprofit research organization or a governmental 
        research organization.''.
    (c) Reservation for Aliens With Master's Degree.--Section 214(g) of 
the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(6) Of the number specified in paragraph (1)(A)(iv), 60,000 in 
each of fiscal years 2001, 2002, and 2003 shall be reserved to provide 
nonimmigrant status to aliens who have attained a master's or higher 
degree (or its equivalent).''.
    (d) Additional Visas for Fiscal Year 1999.--
            (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1184(g)(1)(A)(ii)), the total number of aliens who may be 
        issued visas or otherwise provided nonimmigrant status under 
        section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is 
        increased by a number equal to the number of aliens who are 
        issued such a visa or provided such status during the period 
        beginning on the date on which the limitation in such section 
        214(g)(1)(A)(ii) is reached and ending on September 30, 1999.
            (2) Effective date.--Paragraph (1) shall take effect as if 
        included in the enactment of section 411 of the American 
        Competitiveness and Workforce Improvement Act of 1998 (as 
        contained in title IV of division C of the Omnibus Consolidated 
        and Emergency Supplemental Appropriations Act, 1999; Public Law 
        105-277).

SEC. 202. REQUIRING FILING OF W-2 FORMS.

    (a) In General.--Section 212(n)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (G) the following new subparagraph:
            ``(H) The employer will, with respect to each employee who 
        is an alien admitted or provided status as a nonimmigrant 
        described in section 101(a)(15)(H)(i)(b), annually submit to 
        the Secretary of Labor a copy of the most recent statement 
        under section 6051 of the Internal Revenue Code of 1986. Such 
        submission may be made by electronic means.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to applications described in section 212(n)(1) of the Immigration and 
Nationality Act made on or after October 1, 2000, but only with respect 
to statements made under section 6051 of the Internal Revenue Code of 
1986 on or after January 1, 2001.

SEC. 203. EXTENSION OF AUTHORIZED STAY WHILE ADJUDICATIONS ARE PENDING.

    (a) Exemption From Limitation.--The limitation contained in section 
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) 
with respect to the duration of authorized stay shall not apply to any 
nonimmigrant alien previously issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act on 
whose behalf a petition under section 204(b) of such Act to accord the 
alien immigrant status under section 203(b) of such Act, or an 
application for adjustment of status under section 245 of such Act to 
accord the alien status under section 203(b) of such Act, has been 
filed, if 6 months or more have elapsed since the date of filing of a 
labor certification application on the alien's behalf, if required for 
the alien to obtain status under section 203(b) of such Act, or the 
filing of the petition under section 204(b) of such Act.
    (b) Extension of H1-B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in 1-year increments until such time as a final decision 
is made on the application for the alien to obtain lawful permanent 
residence.

        TITLE III--COLLECTION AND USE OF H-1B NONIMMIGRANT FEES

SEC. 301. INCREASE IN FEE ON INITIAL PETITIONS.

    Section 214(c)(9)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(9)(B)) is amended by striking ``$500 for each such 
petition.'' and inserting ``$1,000 for each petition under clause (i) 
and $500 for each petition under clause (ii) or (iii).''.

SEC. 302. USE OF FEES FOR STUDENT LOAN FORGIVENESS.

    (a) Authority To Use Deposits.--Section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to 
read as follows:
            ``(2) Use of fees for student loan forgiveness.--33 percent 
        of the amounts deposited into the H-1B Nonimmigrant Petitioner 
        Account on and after October 1, 2000, shall remain available to 
        the Secretary of Education until expended to carry out the 
student loan forgiveness program under section 428L of the Higher 
Education Act of 1965.''.
    (b) Program.--Part B of title IV of the Higher Education Act of 
1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the 
following new section:

``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.

    ``(a) Purpose.--It is the purpose of this section to encourage more 
individuals to enter and stay in the field of teaching mathematics, 
science, and related fields.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        of assuming the obligation to repay, pursuant to subsection 
        (c), a loan made, insured, or guaranteed under this part or 
        part D (excluding loans made under sections 428B and 428C or 
        comparable loans made under part D) for any new borrower after 
        October 1, 1998, who--
                    ``(A) has been employed as a full-time teacher of 
                mathematics, science, or a related field for 3 
                consecutive complete school years in a school that 
                qualifies under section 465(a)(2)(A) for loan 
                cancellation for Perkins loan recipients who teach in 
                such schools;
                    ``(B) is a fully qualified teacher; and
                    ``(C) is not in default on a loan for which the 
                borrower seeks forgiveness.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B), 
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the 
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority 
                in providing loan repayment under this section for a 
                fiscal year to student borrowers who received loan 
                repayment under this section for the preceding fiscal 
                year.
            ``(3) Regulations.--The Secretary is authorized to 
        prescribe such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(c) Loan Repayment.--
            ``(1) Eligible amount.--The amount of the Secretary may 
        repay on behalf of any individual under this section shall not 
        exceed--
                    ``(A) 80 percent of the sum of the principal 
                amounts outstanding of the individual's qualifying 
                loans at the end of 3 consecutive complete school years 
                of service described in subsection (b)(1)(A);
                    ``(B) an additional 10 percent of such sum at the 
                end of each of the next 2 consecutive complete school 
                years of such service; and
                    ``(C) a total of more than $10,000.
            ``(2) Construction.--Nothing in this section shall be 
        construed to authorize the refunding of any repayment of a loan 
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan which accrues for such year 
        shall be repaid by the Secretary.
            ``(4) Double benefits prohibited.--No borrower may, for the 
        same service, receive a benefit under both this section and 
        subtitle D of title I of the National and Community Service Act 
        of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a 
        reduction of loan obligations under both this section and 
        section 428J or 460.
    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to 
each eligible lender or holder for each fiscal year an amount equal to 
the aggregate amount of loans which are subject to repayment pursuant 
to this section for such year.
    ``(e) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Conditions.--An eligible individual may apply for 
        loan repayment under this section after completing the required 
        number of years of qualifying employment.
            ``(3) Fully qualified teachers.--An application for loan 
        repayment under this section shall include such information as 
        is necessary to demonstrate that the applicant--
                    ``(A) if teaching in a public elementary or 
                secondary school (other than as a teacher in a public 
                charter school), has obtained State certification as a 
                teacher (including certification obtained through 
                alternative routes to certification) or passed the 
                State teacher licensing exam and holds a license to 
                teach in such State; and
                    ``(B) if teaching in--
                            ``(i) an elementary school, holds a 
                        bachelor's degree and demonstrates knowledge 
                        and teaching skills in reading, writing, 
                        mathematics, science, and other areas of the 
                        elementary school curriculum; or
                            ``(ii) a middle or secondary school, holds 
                        a bachelor's degree and demonstrates a high 
                        level of competency in all subject areas in 
                        which he or she teaches through--
                                    ``(I) a high level of performance 
                                on a rigorous State or local academic 
                                subject areas test; or
                                    ``(II) completion of an academic 
                                major in each of the subject areas in 
                                which he or she provides instruction.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the program assisted under this section.
            ``(2) Competitive basis.--The grant or contract described 
        in subsection (b) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this 
        subsection shall--
                    ``(A) determine the number of individuals who were 
                encouraged by the program assisted under this section 
                to pursue teaching careers;
                    ``(B) determine the number of individuals who 
                remain employed in a teaching mathematics, science, or 
                related fields as a result of participation in the 
                program;
                    ``(C) identify the barriers to the effectiveness of 
                the program;
                    ``(D) assess the cost-effectiveness of the program; 
                and
                    ``(E) identify the number of years each individual 
                participates in the program.
            ``(4) Interim and final evaluation reports.--The Secretary 
        shall prepare and submit to the President and the Congress such 
        interim reports regarding the evaluation described in this 
        subsection as the Secretary deems appropriate, and shall 
        prepare and so submit a final report regarding the evaluation 
        by January 1, 2004.
    ``(g) Funds for Program.--The Secretary shall carry out this 
section only with funds made available under section 286(s)(2) of the 
Immigration and Nationality Act.''.
    (c) Conforming Amendment.--Section 414 of the American 
Competitiveness and Workforce Improvement Act of 1998 (as contained in 
title IV of division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended 
by striking subsection (c) and redesignating subsection (d) as 
subsection (c).

SEC. 303. USE OF FEES FOR UPWARD BOUND.

    Section 286(s)(4) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)(4)) is amended to read as follows:
            ``(4) Use of fees for upward bound.--17 percent of the 
        amounts deposited into the H-1B Nonimmigrant Petitioner Account 
        on and after October 1, 2000, shall remain available to the 
        Secretary of Education until expended to carry out section 402C 
        of the Higher Education Act of 1965, exclusively for the 
        benefit of mathematics and science education projects.

SEC. 304. USE OF FEES FOR LOW INCOME SCHOLARSHIP PROGRAM.

    (a) Change in Percentage Allocated.--Section 286(s)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(3)) is amended--
            (1) by striking ``28.2 percent'' and inserting ``15 
        percent''; and
            (2) by inserting ``on and after October 1, 2000,'' after 
        ``Account''.
    (b) Programmatic Changes.--Section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998 (as redesignated 
by section 302(c) of this Act) is amended--
            (1) in paragraph (2)(B), by striking ``Awards'' and 
        inserting ``Subject to paragraph (3), awards''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Scholarship amount.--
                    ``(A) In general.--The amount of a scholarship 
                awarded under this subsection shall be determined by 
                the Director.
                    ``(B) General limitation.--Subject to subparagraph 
                (C), the amount of such scholarship may not exceed 
                $2,500 per year.
                    ``(C) Increase in case of public sector 
                employment.--
                            ``(i) In general.--In the case of a 
                        scholarship recipient who enters into an 
                        agreement described in clause (ii) the amount 
                        of such scholarship may be up to $5,000 per 
                        year.
                            ``(ii) Agreement.--The agreement described 
                        in this clause is an agreement between the 
                        Director and the scholarship recipient under 
                        which the recipient agrees--
                                    ``(I) to work in a public sector 
                                position (as defined by the Director) 
                                for at least 3 years after the date of 
                                completion of the degree program for 
                                which the scholarship is awarded; or
                                    ``(II) to repay the amount of the 
                                scholarship.''.

SEC. 305. USE OF FEES FOR REGIONAL SKILLS TRAINING ALLIANCES.

    (a) Authority To Use Deposits.--Section 286(s) of the Immigration 
and Nationality Act (8 U.S.C. 1356(s)) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7); and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Use of fees for regional skills training alliances.--
        25 percent of the amounts deposited into the H-1B Nonimmigrant 
        Petitioner Account on and after October 1, 2000, shall remain 
        available to the Secretary of Commerce until expended to carry 
        out subsections (d) and (e) of section 414 of the American 
        Competitiveness and Workforce Improvement Act of 1998.''.
    (b) Program Authorized.--Section 414 of the American 
Competitiveness and Workforce Improvement Act of 1998 (as amended by 
section 304 of this Act) is amended--
            (1) in the section heading, by striking ``and job training 
        of united states workers.'' and inserting ``, loan forgiveness 
        for mathematics and science teachers, upward bound program, and 
        regional skills training alliances.''; and
            (2) by adding at the end the following new subsections:
    ``(d) Skill Grants.--
            ``(1) Authorization.--
                    ``(A) In general.--The Secretary of Commerce (in 
                this subsection referred to as the `Secretary'), acting 
                through the Director of the National Institute of 
                Standards and Technology, and in consultation with the 
                Secretary of Labor, shall provide grants to eligible 
                entities described in subparagraph (B) to assist 
such entities to improve the job skills necessary for employment in 
specific industries.
                    ``(B) Eligible entities described.--
                            ``(i) In general.--An eligible entity 
                        described in this subparagraph is a consortium 
                        that--
                                    ``(I) shall consist of 
                                representatives from not less than 10 
                                businesses (or a nonprofit organization 
                                that represents not less than 10 
                                businesses); and
                                    ``(II) may consist of 
                                representatives from labor 
                                organizations, State and local 
                                government, and educational 
                                institutions.
                            ``(ii) Majority of representatives.--A 
                        majority of the representatives comprising the 
                        consortium shall be representatives described 
                        in clause (i)(I).
                            ``(iii) Additional requirement.--To the 
                        maximum extent practicable, each business, 
                        organization, or government that forms an 
                        eligible entity under clause (i)--
                                    ``(I) shall be located in the same 
                                geographic region of the United States; 
                                and
                                    ``(II) shall coordinate their 
                                programs with existing State, local, 
                                and regional training plans and 
                                economic development strategies to the 
                                maximum extent practicable.
                    ``(C) Priority for small businesses.--In providing 
                grants under subparagraph (A), the Secretary shall give 
                priority to an eligible entity if a majority of 
                representatives forming the entity represent small-
                business concerns, as described in section 3(a) of the 
                Small Business Act (15 U.S.C. 632(a)).
                    ``(D) Maximum amount of grant.--The amount of a 
                grant provided to an eligible entity under subparagraph 
                (A) may not exceed $1,000,000 for any fiscal year.
            ``(2) Application.--
                    ``(A) In general.--The Secretary may not provide a 
                grant under this subsection to the eligible entity 
                unless such entity submits to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                reasonably require.
                    ``(B) Certain states with multiple consortia.--In a 
                State in which 2 or more eligible entities seek grants 
                under this subsection for a fiscal year, as determined 
                by the Governor of the State, the Governor may solicit 
                proposals from the entities concerning the activities 
                to be carried out under the grants. If the Governor 
                solicits such proposals, based on the proposals 
                received, the Governor shall submit an application on 
                behalf of 1 or more of the entities to the Secretary at 
                such time, in such manner, and containing such 
                information as the Secretary may reasonably require. 
                The provisions of this subsection relating to eligible 
                entities shall apply to each of the entities for which 
                the Governor applies.
            ``(3) Use of amounts.--
                    ``(A) In general.--The Secretary may not provide a 
                grant under this subsection to an eligible entity 
                unless such entity agrees to use amounts received from 
                such grant to improve the job skills necessary for 
                employment by businesses in the industry with respect 
                to which such entity was established.
                    ``(B) Conduct of program.--
                            ``(i) In general.--In carrying out the 
                        program described in subparagraph (A), the 
                        eligible entity may provide for--
                                    ``(I) an assessment of training and 
                                job skill needs for the industry;
                                    ``(II) development of a sequence of 
                                skill standards that are benchmarked to 
                                advanced industry practices;
                                    ``(III) development of curriculum 
                                and training methods;
                                    ``(IV) purchase, lease, or receipt 
                                of donations of training equipment;
                                    ``(V) identification of training 
                                providers;
                                    ``(VI) development of 
                                apprenticeship programs;
                                    ``(VII) development of training 
                                programs for dislocated workers;
                                    ``(VIII) development of the 
                                membership of the entity;
                                    ``(IX) provision of training 
                                programs for workers; and
                                    ``(X) development of training plans 
                                for businesses.
                            ``(ii) Additional requirement.--In carrying 
                        out the program described in subparagraph (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 10 percent of the amount of a 
                grant to pay for administrative costs associated with 
                the program described in subparagraph (A).
            ``(4) Requirement of matching funds.--The Secretary may not 
        provide a grant under this subsection to an eligible entity 
        unless such entity agrees that--
                    ``(A) it will make available non-Federal 
                contributions toward the costs of carrying out 
                activities under paragraph (3) in an amount that is not 
                less than $2 for each $1 of Federal funds provided 
under a grant under this subsection; and
                    ``(B) of such non-Federal contributions, not less 
                than $1 of each such $2 shall be from businesses 
                participating in the eligible entity.
            ``(5) Limit on administrative expenses.--The Secretary may 
        use not more than 6 percent of the funds made available to 
        carry out this subsection to pay for Federal administrative 
        costs associated with making grants under this subsection and 
        to develop and maintain an electronic clearinghouse of 
        information on projects undertaken by eligible entities under 
        this subsection.
            ``(6) Funding.--The Secretary shall carry out this 
        subsection with funds made available under section 286(s)(5) of 
        the Immigration and Nationality Act (8 U.S.C. 1356(s)(5)).
    ``(e) Planning Grants.--
            ``(1) Authorization.--
                    ``(A) In general.--The Secretary of Commerce, 
                acting through the Director of the National Institute 
                of Standards and Technology, and in consultation with 
                the Secretary of Labor, shall provide grants to States 
                to enable the States to assist businesses, 
                organizations, and agencies described in subsection 
                (d)(1)(B) in conducting planning to form consortia 
                described in such subsection.
                    ``(B) Maximum amount of grant.--The amount of a 
                grant provided to a State under subparagraph (A) may 
                not exceed $500,000 for any fiscal year.
            ``(2) Application.--The Secretary of Commerce may not 
        provide a grant under this subsection to a State unless such 
        State submits to the Secretary an application at such time, in 
        such manner, and containing such information as the Secretary 
        may reasonably require.
            ``(3) Requirement of matching funds.--The Secretary may not 
        provide a grant under this subsection to a State unless such 
        State agrees that it will make available non-Federal 
        contributions toward the costs of carrying out activities under 
        this subsection in an amount that is not less than $1 for each 
        $1 of Federal funds provided under a grant under this 
        subsection.
            ``(4) Funding.--The Secretary shall carry out this 
        subsection with funds made available under section 286(s)(5) of 
        the Immigration and Nationality Act (8 U.S.C. 1356(s)(5)).''.

SEC. 306. USE OF FEES FOR ADMINISTRATIVE PURPOSES.

    Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)), as amended by section 305(a), is further amended--
            (1) in paragraph (6)--
                    (A) by striking ``1.5 percent'' and inserting ``2 
                percent''; and
                    (B) by inserting ``on and after October 1, 2000,'' 
                after ``Account''; and
            (2) in the second sentence of paragraph (7)--
                    (A) by striking ``3 percent'' and inserting ``4 
                percent'' each place it appears; and
                    (B) by inserting ``on and after October 1, 2000,'' 
                after ``Account''.

SEC. 307. EFFECTIVE DATE.

    The amendments made by this title apply to fees collected under 
section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(9)(A)) with respect to petitions filed on and after October 1, 
2000.
                                 <all>