[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5625 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5625

   To amend the Immigration and Nationality Act to establish a pilot 
 program under which an alien may be provided H-1B nonimmigrant status 
     without regard to the numerical limitation applicable to that 
nonimmigrant category if the United States employer seeking the alien's 
entry makes a qualifying scholarship contribution to an institution of 
                 higher education in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2000

 Mr. Cox (for himself and Mr. Wu) 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 pilot 
 program under which an alien may be provided H-1B nonimmigrant status 
     without regard to the numerical limitation applicable to that 
nonimmigrant category if the United States employer seeking the alien's 
entry makes a qualifying scholarship contribution to an institution of 
                 higher education in the United States.

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

SECTION 1. ESTABLISHMENT OF ``TECH SMART'' PILOT PROGRAM.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 218 (8 U.S.C. 1188) the following:

                      ```tech smart' pilot program

    ``Sec. 218A. (a) Establishment of Pilot Program.--The Attorney 
General shall establish a pilot program (in this section referred to as 
the `Tech Smart pilot program') under which 65,000 aliens may be issued 
a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) in each of fiscal years 2001 through 2003 without 
regard to the numerical limitations under section 214(g)(1)(A).
    ``(b) Employer Request To Participate.--An employer may, concurrent 
with or subsequent to filing a petition under section 214(c) initially 
to grant an alien nonimmigrant status under section 
101(a)(15)(H)(i)(b), file a request for the Attorney General to 
consider the petition under the Tech Smart pilot program.
    ``(c) Employer Contribution to Workforce Development.--
            ``(1) In general.--As a condition of approval of the 
        petition, an employer filing a request to participate in the 
        Tech Smart pilot program shall agree to make an annual 
        scholarship contribution to an institution of higher education 
        in the United States selected by the employer.
            ``(2) Annual contribution.--A scholarship contribution 
        under paragraph (1) shall be made for the fiscal year in which 
        the employer receives notice of approval of the employer's 
        petition under section 214(c) initially to grant an alien 
        nonimmigrant status under section 101(a)(15)(H)(i)(b) and for 
        each subsequent fiscal year for which the alien who is the 
        subject of the petition is an H-1B nonimmigrant. The maximum 
        number of annual scholarship contributions that shall be due 
        with respect to any single alien is 6.
            ``(3) Amount.--The amount of the annual scholarship 
        contribution shall be equal to the maximum Pell Grant 
        authorized under subpart 1 of part A of title IV of the Higher 
        Education Act of 1965 (20 U.S.C 1070a et seq.) for the fiscal 
        year in which the contribution is due.
            ``(4) Initial contribution.--The initial annual scholarship 
        contribution shall be made to the institution of higher 
        education not later than 15 days after the date on which the 
        employer receives notice of approval of the employer's petition 
        under section 214(c) to grant an alien nonimmigrant status 
        under section 101(a)(15)(H)(i)(b).
            ``(5) Subsequent contributions.--
                    ``(A) In general.--Subsequent annual scholarship 
                contributions shall be made to the institution of 
                higher education not later than the anniversary of the 
                deadline described in paragraph (4).
                    ``(B) Assumption of obligation by subsequent 
                employers.--Any employer petitioning to obtain 
                authorization for the alien to change employers shall 
                agree, as a condition of obtaining approval of such 
                petition, to assume the obligation to make these 
                scholarship contributions until the final contribution 
                has been received by the institution of higher 
                education, the obligation has been assumed by another 
                employer, or the H-1B nonimmigrant status of the alien 
                terminates, whichever occurs first.
            ``(6) Verification of receipt.--Not later than 15 days 
        after receipt of any scholarship contribution under this 
        section, an institution of higher education shall certify such 
        receipt to the Attorney General.
    ``(d) Scholarships To Build a Tech Smart Workforce.--An institution 
of higher education shall use contributions received under the Tech 
Smart pilot program to provide scholarships to United States citizens 
or aliens lawfully admitted for permanent residence. Scholarship 
contributions may be provided to students enrolled full-time in 
programs for undergraduate or postgraduate study at that institution. 
An employer making a scholarship contribution may specify that the 
contribution be dedicated for scholarships for a student or students 
employed by the employer, or for students enrolled in a particular 
degree program or course of study.
    ``(e) Expedited Visa Processing.--In the case of an employer filing 
a request for the Attorney General to consider a petition to grant an 
alien nonimmigrant status under the Tech Smart pilot program, the 
Attorney General shall approve or deny the petition not later than 30 
days after the date of such filing.
    ``(f) Enforcement of Contribution Obligations.--If the Attorney 
General finds, after notice and opportunity for a hearing, that an 
employer has failed timely to make a scholarship contribution under 
this section that the employer is required to make, the Attorney 
General--
            ``(1) may impose a civil monetary penalty of not more than 
        3 times the amount of the delinquent contribution for each such 
        violation;
            ``(2) may issue an administrative order requiring that the 
        contribution be made;
            ``(3) may bar the employer from obtaining approval of any 
        petition under the Tech Smart pilot program; and
            ``(4) may terminate the H-1B nonimmigrant status of the 
        alien with respect to whom the scholarship contribution was 
        required to be made beginning 90 days after the date on which 
        the finding is entered.
    ``(g) Numerical Limitation.--The total number of aliens who may be 
issued a visa or otherwise provided nonimmigrant status under the Tech 
Smart pilot program in any fiscal year may not exceed 65,000. The 
provision of nonimmigrant status to any such alien shall not be 
considered for purposes of computing the numerical limitations under 
section 214(g)(1)(A).
    ``(h) Expiration of Program.--
            ``(1) In general.--In fiscal years 2001 through 2003, the 
        Attorney General may approve petitions filed under section 
        214(c) initially to grant an alien nonimmigrant status under 
        section 101(a)(15)(H)(i)(b) in accordance with this section.
            ``(2) Continuing employer obligations.--Paragraph (1) shall 
        not be construed to limit the obligations of any employer to 
        make scholarship contributions in accordance with this section 
        until the employer satisfies the requirements imposed under 
        this section.
            ``(3) Extensions of stay or change in employment.--
        Paragraph (1) shall not be construed to limit the authority of 
        the Attorney General in fiscal year 2004 and subsequent fiscal 
        years to approve or deny a petition under section 214(c)--
                    ``(A) to extend the stay of an alien initially 
                granted status as an H-1B nonimmigrant under this 
                section in accordance with section 214(g)(4); or
                    ``(B) to obtain authorization for such an alien to 
                change employers.
    ``(i) Definitions.--For purposes of this section:
            ``(1) H-1B nonimmigrant.--The term `H-1B nonimmigrant' has 
        the meaning given such term in section 212(n)(4).
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 218 the 
following new item:

``Sec. 218A. `Tech Smart' pilot program.''.
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