[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1440

 To promote economic growth and opportunity by increasing the level of 
visas available for highly specialized scientists and engineers and by 
  eliminating the earnings penalty on senior citizens who continue to 
                  work after reaching retirement age.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 1999

  Mr. Gramm (for himself, Mr. Lott, and Mr. McConnell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To promote economic growth and opportunity by increasing the level of 
visas available for highly specialized scientists and engineers and by 
  eliminating the earnings penalty on senior citizens who continue to 
                  work after reaching retirement age.

    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 ``New Workers for Economic Growth 
Act''.

                   TITLE I--H-1B NONIMMIGRANT WORKERS

SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS.

    (a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(1)(A), is amended by striking 
clauses (iii) through (v) and inserting the following:
                            ``(iii) with respect to all such aliens 
                        other than aliens described in paragraph (5)--
                                    ``(I) 200,000 for each of the 
                                fiscal years 2000, 2001, and 2002; and
                                    ``(II) 65,000 for each succeeding 
                                fiscal year.''.
    (b) Exemption From Annual Limitation.--Section 214(g) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)), is amended by 
adding at the end the following new paragraph:
    ``(5) The numerical limitations contained in paragraph (1)(A)(iii) 
shall not apply to any nonimmigrant alien admitted under section 
101(a)(15(H)(i)(b) who--
            ``(A) has attained a master's degree or higher degree (or 
        its equivalent) in a specialty related to the intended 
        employment and receives wages (including cash bonuses and 
        similar compensation) at an annual rate equal to at least 
        $60,000; or
            ``(B) has attained a bachelor's degree or higher degree (or 
        its equivalent) and is employed (or has received an offer of 
        employment) at an institution of higher education (as defined 
        in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a))).''.
    (c) Exemption From Attestation Requirements.--Section 212(n)(3)(B) 
of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(B)) is 
amended by adding the following:
                                    ``(III) has attained a bachelor's 
                                degree or higher degree (or its 
                                equivalent) and is employed (or has 
                                received an offer of employment) at an 
                                institution of higher education (as 
                                defined in section 101(a) of the Higher 
                                Education Act of 1965 (20 U.S.C. 
                                1001(a))).''.

      TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS

SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO 
              CONTINUE TO WORK AFTER REACHING RETIREMENT AGE.

    (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 
403) is amended--
            (1) in subsection (c)(1), by striking ``the age of 
        seventy'' and inserting ``retirement age (as defined in section 
        216(l))'';
            (2) in paragraphs (1)(A) and (2) of subsection (d), by 
        striking ``the age of seventy'' each place it appears and 
        inserting ``retirement age (as defined in section 216(l))'';
            (3) in subsection (f)(1)(B), by striking ``was age seventy 
        or over'' and inserting ``was at or above retirement age (as 
        defined in section 216(l))'';
            (4) in subsection (f)(3)--
                    (A) by striking ``33\1/3\ percent'' and all that 
                follows through ``any other individual,'' and inserting 
                ``50 percent of such individual's earnings for such 
                year in excess of the product of the exempt amount as 
                determined under paragraph (8),''; and
                    (B) by striking ``age 70'' and inserting 
                ``retirement age (as defined in section 216(l))'';
            (5) in subsection (h)(1)(A), by striking ``age 70'' each 
        place it appears and inserting ``retirement age (as defined in 
        section 216(l))''; and
            (6) in subsection (j)--
                    (A) in the heading, by striking ``Age Seventy'' and 
                inserting ``Retirement Age''; and
                    (B) by striking ``seventy years of age'' and 
                inserting ``having attained retirement age (as defined 
                in section 216(l))''.
    (b) Conforming Amendments Eliminating the Special Exempt Amount for 
Individuals Who Have Attained Retirement Age.--
            (1) Uniform exempt amount.--Section 203(f)(8)(A) of the 
        Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by 
        striking ``the new exempt amounts (separately stated for 
        individuals described in subparagraph (D) and for other 
        individuals) which are to be applicable'' and inserting ``a new 
        exempt amount which shall be applicable''.
            (2) Conforming amendments.--Section 203(f)(8)(B) of such 
        Act (42 U.S.C. 403(f)(8)(B)) is amended--
                    (A) in the matter preceding clause (i), by striking 
                ``Except'' and all that follows through ``whichever'' 
                and inserting ``The exempt amount which is applicable 
                for each month of a particular taxable year shall be 
                whichever'';
                    (B) in clauses (i) and (ii), by striking 
                ``corresponding'' each place it appears; and
                    (C) in the last sentence, by striking ``an exempt 
                amount'' and inserting ``the exempt amount''.
            (3) Repeal of basis for computation of special exempt 
        amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. 
        403(f)(8)(D)) is repealed.
    (c) Additional Conforming Amendments.--
            (1) Elimination of redundant references to retirement 
        age.--Section 203 of the Social Security Act (42 U.S.C. 403) is 
        amended--
                    (A) in subsection (c), in the last sentence, by 
                striking ``nor shall any deduction'' and all that 
                follows and inserting ``nor shall any deduction be made 
                under this subsection from any widow's or widower's 
                insurance benefit if the widow, surviving divorced 
                wife, widower, or surviving divorced husband involved 
                became entitled to such benefit prior to attaining age 
                60.''; and
                    (B) in subsection (f)(1), by striking subparagraph 
                (D) and inserting the following: ``(D) for which such 
                individual is entitled to widow's or widower's 
                insurance benefits if such individual became so 
                entitled prior to attaining age 60,''.
            (2) Conforming amendment to provisions for determining 
        amount of increase on account of delayed retirement.--Section 
        202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is 
        amended--
                    (A) by striking ``either''; and
                    (B) by striking ``or suffered deductions under 
                section 203(b) or 203(c) in amounts equal to the amount 
                of such benefit''.
            (3) Provisions relating to earnings taken into account in 
        determining substantial gainful activity of blind 
        individuals.--The second sentence of section 223(d)(4) of such 
        Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 
        102 of the Senior Citizens' Right to Work Act of 1996 had not 
        been enacted'' and inserting the following: ``if the amendments 
        to section 203 made by section 102 of the Senior Citizens' 
        Right to Work Act of 1996 and by the ________________ Act of 
        1999 had not been enacted''.
    (d) Effective Date.--The amendments and repeals made by this 
section shall apply with respect to taxable years beginning after 
December 31, 1999.
                                 <all>