[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Reported in House (RH)]






                                                 Union Calendar No. 388
106th CONGRESS
  2d Session
                                H. R. 4227

                          [Report No. 106-692]

To amend the Immigration and Nationality Act with respect to the number 
      of aliens granted nonimmigrant status described in section 
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to 
 implement measures to prevent fraud and abuse in the granting of such 
                    status, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2000

   Mr. Smith of Texas (for himself, Mr. Campbell, and Mr. Goodlatte) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             June 23, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               11, 2000]

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act with respect to the number 
      of aliens granted nonimmigrant status described in section 
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to 
 implement measures to prevent fraud and abuse in the granting of such 
                    status, 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 ``Technology Worker 
Temporary Relief Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

    TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS; INCREASED 
                       PORTABILITY OF H-1B STATUS

Sec. 101. Temporary increase in access to H-1B nonimmigrants.
Sec. 102. Increased portability of H-1B status.

 TITLE II--NEW REQUIREMENTS ON PETITIONING EMPLOYERS; PETITION FILING 
              FEE REDUCTION FOR LOCAL EDUCATIONAL AGENCIES

Sec. 201. Minimum salary requirement.
Sec. 202. Submission of data on H-1B nonimmigrants after employment 
                            commencement.
Sec. 203. Fee to enable more efficient paperwork processing.
Sec. 204. Qualifications for physical therapists.
Sec. 205. Reduction of petition filing fee for local educational 
                            agencies.
Sec. 206. Effective date.

       TITLE III--NONCOMPLIANCE PROVISIONS FOR H-1B NONIMMIGRANTS

Sec. 301. Requiring specialty occupation workers and fashion models to 
                            obtain status as an H-1B nonimmigrant.
Sec. 302. Requiring full-time employment.
Sec. 303. Requirements for specialty occupation.
Sec. 304. Noncompliance fee.
Sec. 305. Additional requirements on petitioning employers.
Sec. 306. Requiring filing of W-2 forms.
Sec. 307. Effective date.

TITLE IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND 
                   WORKFORCE IMPROVEMENT ACT OF 1998

Sec. 401. Protection of United States workers in case of H-1B dependent 
                            employers.
Sec. 402. Additional investigative authority.
Sec. 403. Requirement to issue regulations.

                      TITLE V--STUDIES AND REPORTS

Sec. 501. Studies and reports by Comptroller General.

    TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS; INCREASED 
                       PORTABILITY OF H-1B STATUS

SEC. 101. TEMPORARY INCREASE IN ACCESS TO H-1B NONIMMIGRANTS.

    (a) Eliminating Numerical Limitation for Fiscal Year 2000; 
Conditioning Increases for Fiscal Years 2001 and 2002.--Section 
214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(A)) is amended to read as follows:
            ``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
                    ``(i) subject to paragraph (5), 107,500 in fiscal 
                year 2001;
                    ``(ii) subject to paragraph (5), 65,000 in fiscal 
                year 2002; and
                    ``(iii) 65,000 in each succeeding fiscal year; 
                or''.
    (b) Conditions on Increases.--Section 214(g) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end 
following:
    ``(5)(A) The numerical limitations in clauses (i) and (ii) of 
paragraph (1)(A) shall not apply to an alien described in subparagraph 
(B).
    ``(B) An alien is described in this subparagraph if--
            ``(i) the alien, disregarding clauses (i) and (ii) of 
        paragraph (1)(A), otherwise is eligible to be issued a visa or 
        provided nonimmigrant status under section 101(a)(15)(H)(i)(b); 
        and
            ``(ii) the employer petitioning under subsection (c)(1) 
        with respect to the alien demonstrates in the petition that, 
        with respect to the taxable year preceding the taxable year in 
        which the petition is filed, there was a net increase (as 
        compared with the taxable year prior to such preceding taxable 
        year) in the median of the total wages (including cash bonuses 
        and similar compensation) paid to full-time equivalent United 
        States workers (as defined in section 212(n)(4)(E)) who are on 
        the employer's payroll on the last day of the taxable year.
    ``(C) In making the determination under subparagraph (B)(ii)--
            ``(i) any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the Internal 
        Revenue Code of 1986 shall be treated as a single employer; and
            ``(ii) the Attorney General shall disregard workers who 
        ceased employment with an employer by reason of the employer's 
        having sold, or otherwise legally transferred for 
        consideration, the assets of a division or other severable 
        portion of the employer's business to another person before the 
        end of the employer's previous tax year.''.
    (c) Effective Dates.--
            (1) Eliminating numerical limitation for fiscal year 
        2000.--The amendment made by subsection (a), to the extent that 
        it eliminates the numerical limitation under section 
        214(g)(1)(A)(iii) of the Immigration and Nationality Act, as in 
        effect on the day before the date of the enactment of this Act, 
        shall take effect on the date of the enactment of this Act.
            (2) Conditioning increases for fiscal years 2001 and 
        2002.--In all other respects, the amendments made by this 
        section shall take effect on October 1, 2000, without regard to 
        whether or not proposed or final regulations to carry out such 
        amendments have been promulgated.

SEC. 102. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--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) A nonimmigrant alien described in subparagraph (B) who 
was issued a visa (or otherwise provided nonimmigrant status) under 
section 101(a)(15)(H)(i)(b) may change employers upon the filing by the 
prospective employer of a petition under paragraph (1) on behalf of the 
alien to obtain authorization for the change. Employment authorization 
shall continue for such alien until such petition is adjudicated. If 
the petition is denied, such employment authorization shall cease.
    ``(B) A nonimmigrant alien described in this subparagraph is a 
nonimmigrant alien--
            ``(i) who has been lawfully admitted into the United 
        States;
            ``(ii) on whose behalf an employer has filed a nonfrivolous 
        petition described in subparagraph (A) before the date of the 
        expiration of the period of stay authorized by the Attorney 
        General for the alien; and
            ``(iii) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United States before 
        the filing of such petition.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
petitions filed before, on, or after such date.

 TITLE II--NEW REQUIREMENTS ON PETITIONING EMPLOYERS; PETITION FILING 
              FEE REDUCTION FOR LOCAL EDUCATIONAL AGENCIES

SEC. 201. MINIMUM SALARY REQUIREMENT.

    (a) In General.--Section 212(n)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
                    ``(ii) is offering and will offer during the period 
                of authorized employment to H-1B nonimmigrants wages 
                that are at least equal to an annual salary of $40,000 
                (including cash bonuses and similar compensation), 
                except if the employment in question is as a public or 
                private elementary or secondary school teacher or if 
                the employer is 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, a 
                nonprofit research organization, or a governmental 
                research organization; and''.
    (b) Inflation Adjustment.--Section 212(n) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the 
following:
    ``(6) For purposes of paragraph (1)(A)(ii), in the case of any 
fiscal year beginning in a calendar year after 2000, the dollar amount 
contained in such paragraph shall be increased by an amount equal to--
            ``(A) the dollar amount; multiplied by
            ``(B) the cost-of-living adjustment determined under 
        section 1(f)(3) of the Internal Revenue Code of 1986 for the 
        calendar year in which the fiscal year begins by substituting 
        `calendar year 1999' for `calendar year 1992' in subparagraph 
        (B) of such section.''.

SEC. 202. SUBMISSION OF DATA ON H-1B NONIMMIGRANTS AFTER EMPLOYMENT 
              COMMENCEMENT.

    (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:
            ``(H) The employer will electronically submit to the 
        Secretary, not later than 30 days after the date on which an H-
        1B nonimmigrant commences employment with the employer, data in 
        an electronic format containing information about the 
        nonimmigrant, including the following:
                    ``(i) The foreign state of which the nonimmigrant 
                is a citizen or national.
                    ``(ii) The academic degrees obtained by the 
                nonimmigrant.
                    ``(iii) The nonimmigrant's job title.
                    ``(iv) The date on which employment commenced.
                    ``(v) The nonimmigrant's salary or wage level.''.
    (b) Requirement on Secretary.--Not later than 30 days after the 
receipt of data from an employer that is provided in accordance with 
section 212(n)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)(H)), as inserted by subsection (a), the Secretary of Labor 
shall make such data available on the Internet.

SEC. 203. FEE TO ENABLE MORE EFFICIENT PAPERWORK PROCESSING.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)), as amended by section 102, is 
further amended by adding at the end the following:
    ``(11)(A) In addition to any other fees authorized by law, the 
Attorney General shall impose a processing fee on an employer filing a 
petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.
    ``(B) The amount of the fee shall be $200 for each such petition.
    ``(C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(t).''.
    (b) 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) H-1B Processing Fee Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B Processing Fee Account'. Notwithstanding any other 
        provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected under section 
        214(c)(11).
            ``(2) Use of fees.--50 percent of the amounts deposited 
        into the H-1B Processing Fee Account shall remain available to 
        the Attorney General until expended to carry out duties under 
        section 214(c)(1) related to petitions made for nonimmigrants 
        described in section 101(a)(15)(H)(i)(b) and to decrease the 
        processing time for such petitions. 50 percent of the amounts 
        deposited into the account shall remain available to the 
        Secretary of Labor until expended for decreasing the processing 
        time for applications under section 212(n)(1) and for carrying 
        out section 212(n)(2).''.

SEC. 204. QUALIFICATIONS FOR PHYSICAL THERAPISTS.

    (a) In General.--Section 214(i)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(i)(2)) is amended--
            (1) by striking ``(A)'' and inserting ``(i)'';
            (2) by striking ``(B)'' and inserting ``(ii)'';
            (3) in subparagraph (C), by striking ``(ii)'' and inserting 
        ``(II)''
            (4) by striking ``(C)(i)'' and inserting ``(iii)(I)'';
            (5) by striking ``(2)'' and inserting ``(2)(A)''; and
            (6) by adding at the end the following:
    ``(B) In the case of a position in a specialty occupation that 
requires an alien to perform services as a physical therapist, the 
requirements of this paragraph also include a requirement that the 
alien have completed a degree recognized by body or bodies approved for 
the purpose by the Secretary of Education as equivalent (or more than 
equivalent) to the education and training received by a person 
completing a master's degree from an accredited program of physical 
therapy in the United States.''.
    (b) Applicability.--The amendment made by subsection (a)(6) shall 
not apply to any alien who has full State licensure to practice in the 
occupation of physical therapist before the date of the enactment of 
this Act.

SEC. 205. REDUCTION OF PETITION FILING FEE FOR LOCAL EDUCATIONAL 
              AGENCIES.

    Section 214(c)(9)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(9)(B)) is amended by striking ``petition.'' and 
inserting ``petition, except that the amount of the fee shall be $100 
for an employer that is a local educational agency (as defined in 
section 14101 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8801)).''.

SEC. 206. EFFECTIVE DATE.

    (a) In General.--Subject to section 204(b) and subsection (b), the 
amendments made by this title shall take effect on the date of the 
enactment of this Act and shall apply to petitions filed under section 
214(c), and applications filed under section 212(n)(1), of the 
Immigration and Nationality Act on or after October 1, 2000.
    (b) Requirements for Specialty Occupation.--The amendments made by 
paragraphs (1) through (5) of section 204(a) shall take effect on the 
date of the enactment of this Act and shall apply to petitions filed 
under section 214(c), and applications filed under section 212(n)(1), 
of the Immigration and Nationality Act on or after the earlier of--
            (1) October 1, 2000; and
            (2) the date on which final regulations are promulgated to 
        carry out the amendments made by section 303.

       TITLE III--NONCOMPLIANCE PROVISIONS FOR H-1B NONIMMIGRANTS

SEC. 301. REQUIRING SPECIALTY OCCUPATION WORKERS AND FASHION MODELS TO 
              OBTAIN STATUS AS AN H-1B NONIMMIGRANT.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)), as amended by section 101 of this Act, is further amended by 
adding at the end the following:
    ``(6) Notwithstanding any other provision of this Act, any alien 
admitted or provided status as a nonimmigrant in order to provide 
services in a specialty occupation described in subsection (i)(1) 
(other than services described in subparagraph (H)(ii)(a), (O), or (P) 
of section 101(a)(15)) or as a fashion model shall have been issued a 
visa (or otherwise been provided nonimmigrant status) under section 
101(a)(15)(H)(i)(b).''.

SEC. 302. REQUIRING FULL-TIME EMPLOYMENT.

    (a) In General.--Section 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by striking 
``or (P))'' and inserting ``or (P)), not less than 35 hours per week 
(except if the employer is 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),''.
    (b) Conforming Amendments.--Section 212(n)(2)(C)(vii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(vii))is 
amended--
            (1) in subclause (I), by striking ``a full-time'' and 
        inserting ``an'';
            (2) by striking subclause (II);
            (3) in subclause (III), by striking ``subclauses (I) and 
        (II)'' and inserting ``subclause (I)''; and
            (4) by redesignating subclauses (III) through (VI) as 
        subclauses (II) through (V), respectively.

SEC. 303. REQUIREMENTS FOR SPECIALTY OCCUPATION.

    Section 214(i) of the Immigration and Nationality Act (8 U.S.C. 
1184(i)), as amended by section 204 of this Act, is further amended--
            (1) by amending paragraph (1)(B) to read as follows:
            ``(B) attainment of a bachelor's degree (or higher degree) 
        in the specific specialty as a minimum for entry into the 
        occupation in the United States.'';
            (2) by amending paragraph (2)(A)(iii) to read as follows:
            ``(iii)(I) completion of a bachelor's degree (or higher 
        degree) that is not described in paragraph (1)(B), (II) 
        experience in the specialty equivalent to the completion of the 
        degree described in paragraph (1)(B) for the occupation, and 
        (III) recognition of expertise in the specialty through 
        progressively responsible positions relating to the 
        specialty.''; and
            (3) by adding at the end the following:
    ``(3) For purposes of this subsection, the term `bachelor's degree 
(or higher degree)' includes a foreign degree that is a recognized 
foreign equivalent of a bachelor's degree (or higher degree).''.

SEC. 304. NONCOMPLIANCE FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)), as amended by sections 102 and 203, 
is further amended by adding at the end the following:
    ``(12)(A) In addition to any other fees authorized by law, the 
Attorney General shall impose a noncompliance fee on an employer filing 
a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.
    ``(B) The amount of the fee shall be $100 for each such petition.
    ``(C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(u).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356), as amended by section 
303 of this Act, is further is amended by adding at the end the 
following:
    ``(u) H-1B Noncompliance Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B Noncompliance Account'. Notwithstanding any other 
        provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected under section 
        214(c)(12).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Attorney general.--
                            ``(i) Programs to eliminate fraud.--20 
                        percent of amounts deposited into the H-1B 
                        Noncompliance Account shall remain available to 
                        the Attorney General until expended for 
                        programs and activities to eliminate fraud by 
                        employers filing petitions under section 
                        214(c)(1) with respect to status under section 
                        101(a)(15)(H)(i)(b) and aliens who are the 
                        beneficiaries of such petitions.
                            ``(ii) Removal of aliens.--20 percent of 
                        amounts deposited into the H-1B Noncompliance 
                        Account shall remain available to the Attorney 
                        General until expended for the removal of H-1B 
                        nonimmigrants (as defined in section 
                        212(n)(4)(C)) who are deportable under section 
                        237(a)(1)(A) by reason of having been found to 
                        be within the class of aliens inadmissible 
                        under section 212(a)(6)(C).
                    ``(B) Secretary of state.--40 percent of amounts 
                deposited into the H-1B Noncompliance Account shall 
                remain available to the Secretary of State until 
                expended for programs and activities to eliminate fraud 
                by employers and aliens described in subparagraph (A).
                    ``(C) Joint programs.--20 percent of amounts 
                deposited into the H-1B Noncompliance Account shall 
                remain available to the Attorney General and the 
                Secretary of State until expended for programs and 
                activities conducted by them jointly to eliminate fraud 
                by employers and aliens described in subparagraph 
                (A).''.

SEC. 305. ADDITIONAL REQUIREMENTS ON PETITIONING EMPLOYERS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)), as amended by sections 102, 203, and 304 of this Act, is 
further amended by adding at the end the following:
    ``(13) The Attorney General may not approve any petition under 
paragraph (1) filed by an employer with respect to an alien seeking to 
obtain or having the status of a nonimmigrant under section 
101(a)(15)(H)(i)(b) unless the employer satisfies the following 
requirements:
            ``(A) The employer--
                    ``(i) is an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965), or a governmental or nonprofit entity; or
                    ``(ii) maintains a place of business in the United 
                States that is licensed in accordance with any 
                applicable State or local business licensing 
                requirements and is used exclusively for business 
                purposes.
            ``(B) The employer--
                    ``(i) is a governmental entity;
                    ``(ii) has aggregate gross assets with a value of 
                not less than $250,000--
                            ``(I) in the case of an employer that is a 
                        publicly held corporation, as determined using 
                        its most recent report filed with the 
                        Securities and Exchange Commission; or
                            ``(II) in the case of any other employer, 
                        as determined as of the date on which the 
                        petition is filed pursuant to regulations 
                        promulgated by the Attorney General; or
                    ``(iii) provides documentation of business activity 
                pursuant to regulations promulgated by the Attorney 
                General.''.

SEC. 306. 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)), as amended by section 202 of 
this Act, is further amended by inserting after subparagraph (H) the 
following:
            ``(I) The employer will, with respect to each employee who 
        is an H-1B nonimmigrant, 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) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications filed under section 212(n)(1) of the Immigration and 
Nationality Act 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. 307. EFFECTIVE DATE.

    Except for the amendment made by section 306, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act and shall apply to petitions filed under section 214(c), and 
applications filed under section 212(n)(1), of the Immigration and 
Nationality Act on or after the date on which final regulations are 
promulgated to carry out such amendments.

TITLE IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND 
                   WORKFORCE IMPROVEMENT ACT OF 1998

SEC. 401. PROTECTION OF UNITED STATES WORKERS IN CASE OF H-1B DEPENDENT 
              EMPLOYERS.

    Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``2001,'' and 
inserting ``2002,''.

SEC. 402. ADDITIONAL INVESTIGATIVE AUTHORITY.

    Section 413(e)(2) 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 ``2001.'' and 
inserting ``2002.''.

SEC. 403. REQUIREMENT TO ISSUE REGULATIONS.

    The Secretary of Labor shall promulgate final regulations fully 
implementing all provisions 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). Such regulations shall take effect on 
or before September 1, 2000.

                      TITLE V--STUDIES AND REPORTS

SEC. 501. STUDIES AND REPORTS BY COMPTROLLER GENERAL.

    (a) Recruitment of Underrepresented Groups.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the measures taken, by 
        employers who have filed an application under section 212(n)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), 
        to recruit, for the employment for which H-1B nonimmigrants are 
        sought by the application, qualified United States workers who 
        are a member of an underrepresented group. The study shall 
        include an examination of the extent to which these employers--
                    (A) recruit at--
                            (i) institutions of higher education with 
                        substantial numbers of students who are a 
                        member of an underrepresented group;
                            (ii) historically black colleges and 
                        universities;
                            (iii) community colleges; and
                            (iv) vocational and technical colleges; and
                    (B) advertise in publications reaching members of 
                an underrepresented group.
            (2) Recommendations.--If the Comptroller General of the 
        United States determines, based on the study under paragraph 
        (1), that modifications to the provisions of the Immigration 
        and Nationality Act relating to H-1B nonimmigrants are 
        appropriate in order to increase recruitment by employers 
        described in paragraph (1) of members of an underrepresented 
        group, the Comptroller General shall include such 
        recommendations in the report submitted under paragraph (3).
            (3) Report.--Not later than December 31, 2000, the 
        Comptroller General of the United States shall submit to the 
        Committees on the Judiciary of the United States House of 
        Representatives and of the Senate a report containing the 
        results of the study under paragraph (1).
            (4) Definitions.--For purposes of this subsection:
                    (A) The term ``member of an underrepresented 
                group'' includes United States workers who are African 
                American, Hispanic, female, or an individual with a 
                disability.
                    (B) The terms ``H-1B nonimmigrant'' and ``United 
                States worker'' have the meaning given such terms in 
                section 212(n)(4) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(n)(4)).
    (b) Training Incumbent Workers.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the measures taken, by 
        employers who have filed an application under section 212(n)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), 
        continually to train and update the existing skills of 
        incumbent employees, and to promote such employees where 
        possible.
            (2) Report.--Not later than December 31, 2000, the 
        Comptroller General of the United States shall submit to the 
        Committees on the Judiciary of the United States House of 
        Representatives and of the Senate a report containing the 
        results of the study under paragraph (1).
    (c) Compliance With Provisions Designed To Ensure Accurate Count of 
H-1B Nonimmigrants.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study to determine the degree of 
        compliance by the Attorney General with the requirements of 
        section 416 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).
            (2) Report.--Not later than December 31, 2000, the 
        Comptroller General of the United States shall submit to the 
        Committees on the Judiciary of the United States House of 
        Representatives and of the Senate a report containing the 
        results of the study under paragraph (1).




                                                 Union Calendar No. 388

106th CONGRESS

  2d Session

                               H. R. 4227

                          [Report No. 106-692]

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                                 A BILL

To amend the Immigration and Nationality Act with respect to the number 
      of aliens granted nonimmigrant status described in section 
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to 
 implement measures to prevent fraud and abuse in the granting of such 
                    status, and for other purposes.

_______________________________________________________________________

                             June 23, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed