[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1645 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1645

  To amend the Immigration and Nationality Act to establish a 5-year 
pilot program under which certain aliens completing an advanced degree 
in mathematics, science, engineering, or computer science are permitted 
to change nonimmigrant classification in order to remain in the United 
 States for a 5-year period for the purpose of working in one of those 
 fields, and to foster partnerships between public schools and private 
 industry to improve mathematics, science, and technology education in 
                            public schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1999

Mr. Robb (for himself, Mr. Schumer, Mr. Kerry, Mr. Leahy, Mr. Johnson, 
and Mr. Lieberman) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to establish a 5-year 
pilot program under which certain aliens completing an advanced degree 
in mathematics, science, engineering, or computer science are permitted 
to change nonimmigrant classification in order to remain in the United 
 States for a 5-year period for the purpose of working in one of those 
 fields, and to foster partnerships between public schools and private 
 industry to improve mathematics, science, and technology education in 
                            public schools.

    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 ``Helping Improve Technology Education 
and Competitiveness Act'' or the ``HITEC Act''.

                         TITLE I--PILOT PROGRAM

SEC. 101. AUTHORIZING CHANGE IN NONIMMIGRANT STATUS FOR EMPLOYMENT-
              BASED NONIMMIGRANTS WITH DEGREES IN MATHEMATICS, SCIENCE, 
              ENGINEERING, OR COMPUTER SCIENCE.

    (a) Establishment of Nonimmigrant Category.--Section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 101(a)(15)) is amended--
            (1) in subparagraph (R), by striking ``or'' at the end;
            (2) in subparagraph (S), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (S) the following:
            ``(T) subject to section 214(n), an alien who is authorized 
        to change nonimmigrant classification and remain temporarily in 
        the United States to perform services (other than services 
        described in subclause (a) of subparagraph (H)(i) during the 
        period in which such subclause applies, services described in 
        subclause (ii)(a) of subparagraph (H), or services described in 
        subparagraph (O) or (P)) in a special technical occupation 
        described in section 214(n)(2), who meets the requirements for 
        the occupation specified in section 214(n)(3), and with respect 
        to whom the Secretary of Labor determines and certifies to the 
        Attorney General that the intending employer has filed with the 
        Secretary an application under section 212(o)(1);''.
    (b) Process for Approval of Petitions.--Section 214(c) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding 
at the end the following:
    ``(10)(A) The question of providing any alien status as a 
nonimmigrant under section 101(a)(15)(T) in any specific case or 
specific cases shall be determined by the Attorney General upon 
petition of the employer seeking to employ the alien. Such petition 
shall be made and approved before the status is granted, and, in the 
case of a petition described in subparagraph (B)(i), the petition shall 
be made and approved before the alien obtains the degree described in 
subsection (n)(3)(B). The petition shall be in such form and contain 
such information as the Attorney General shall prescribe, consistent 
with subsection (n), and shall specify a period of intended employment. 
The approval of such a petition shall not, of itself, be construed as 
establishing that the alien is a nonimmigrant with such status.
    ``(B) The Attorney General shall impose a fee on an employer filing 
a petition under subparagraph (A)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(T);
            ``(ii) to extend the stay of an alien having such status 
        (unless the employer previously has obtained an extension for 
        such alien); or
            ``(iii) to obtain authorization for an alien having such 
        status to change employers.
    ``(C) The amount of the fee shall be $500 for each petition filed 
under clause (ii) or (iii) of subparagraph (B) and $1,000 for each 
petition filed under subparagraph (B)(i).
    ``(D) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(t).''.
    (c) Requirements for Change of Nonimmigrant Classification; 
Enforcement of Employer Obligations.--Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended--
            (1) by redesignating the subsection (l) added by section 
        625(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
1820) as subsection (m); and
            (2) by adding at the end the following:
    ``(n)(1) Notwithstanding section 248 or 212(e), or any other 
provision of this Act, the Attorney General may, under such conditions 
as the Attorney General may prescribe consistent with this subsection 
and subsection (c)(10)(A), authorize a change from a nonimmigrant 
classification under subparagraph (F) or (J) of section 101(a)(15) to a 
nonimmigrant classification under section 101(a)(15)(T) in the case of 
any alien lawfully admitted to the United States as a nonimmigrant who 
is continuing to maintain that status and who is not inadmissible under 
section 212(a)(9)(B)(i) (or whose inadmissibility under such section is 
waived under section 212(a)(9)(B)(v)).
    ``(2) For purposes of section 101(a)(15)(T) and paragraph (3), the 
term `special technical occupation' means an occupation in a high-
technology field--
            ``(A) that uses the knowledge, skills, and abilities 
        possessed by persons attaining a master's or higher degree with 
        a major in mathematics, science, engineering, or computer 
        science, and requires such knowledge, skills, and abilities as 
        a minimum for entry into the occupation in the United States; 
        and
            ``(B) with respect to which the annual total compensation 
        (including the value of all wages, salary, bonuses, stock, 
        stock options, and any other similar form of remuneration) 
        equals or exceeds $60,000.
    ``(3) For purposes of section 101(a)(15)(T), the requirements of 
this paragraph, with respect to a special technical occupation, are--
            ``(A) full State licensure to practice in the occupation, 
        if such licensure is required to practice in the occupation;
            ``(B) not earlier than 90 days prior to initially obtaining 
        nonimmigrant status under such section, having been graduated, 
        with a degree described in paragraph (2)(A) for the occupation, 
        from an institution of higher education (as defined in section 
        102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) 
        inside the United States whose students receive loans under 
        part B or D of title IV of such Act (20 U.S.C. 1070 et seq.; 20 
        U.S.C. 1087a et seq.); and
            ``(C) obtaining a contractual obligation on the part of the 
        employer filing the petition on behalf of the alien under 
        section 214(c)(10)(A) to pay the alien in accordance with 
        paragraph (2)(B) at all times during the period of intended 
        employment in the United States specified in the petition.
    ``(4) In the case of a nonimmigrant described in section 
101(a)(15)(T), the period of authorized stay in the United States as 
such a nonimmigrant may not exceed 5 years.
    ``(5) An employer who has filed a petition under subsection 
(c)(10)(A) with respect to an employee having nonimmigrant status under 
section 101(a)(15)(T) annually shall submit to the Secretary of Labor a 
copy of the most recent statement under section 6051 of the Internal 
Revenue Code of 1986 for the employee. Based on information in any such 
statement, the Secretary of Labor may initiate an investigation 
described in section 212(o)(2) concerning a possible failure, 
misrepresentation, or violation, without a complaint described in such 
paragraph, if the Secretary of Labor has a reasonable basis for such 
initiation.
    ``(6)(A) The Attorney General shall submit every 6 months to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate a report describing, with respect to petitions under section 
101(a)(15)(T) for the previous 6-month period, the number aliens 
granted nonimmigrant status pursuant to such petitions. Such data shall 
be reported on a monthly basis for each month in the reporting period.
    ``(B) The Attorney General shall submit annually to the Committees 
on the Judiciary of the House of Representatives and of the Senate a 
report describing, with respect to each workers included in such 
approved petitions under section 101(a)(15)(T) for the previous fiscal 
year, the following:
            ``(i) Occupation.
            ``(ii) Employer.
            ``(iii) Annual total compensation.
            ``(iv) Highest degree completed at an institution of higher 
        education described in paragraph (2)(B).
            ``(v) Name of such institution.
            ``(vi) Concentration or major with respect to such 
        degree.''.

SEC. 102. LABOR CONDITION APPLICATIONS.

    (a) In General.--Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting after subsection (n) the 
following:
    ``(o) Labor Condition Applications.--
            ``(1) No alien may be admitted or provided status as a T 
        nonimmigrant in occupational classification unless the employer 
        has filed with the Secretary of Labor an application stating 
        the following:
                    ``(A) The employer--
                            ``(i) is offering and will offer during the 
                        period of authorized employment to aliens 
                        admitted or provided status as a T non-
                        immigrant wages that are at least--
                                    ``(I) the actual wage level paid by 
                                the employer to all other individuals 
                                with similar experience and 
                                qualifications for the specific 
                                employment in question, or
                                    ``(II) the prevailing wage level 
                                for the occupational classification in 
                                the area of employment, whichever is 
                                greater, based on the best information 
                                available as of the time of filing the 
                                application, and
                            ``(ii) will provide working conditions for 
                        such a nonimmigrant that will not adversely 
                        affect the working conditions of workers 
                        similarly employed.
                    ``(B) There is not a strike or lockout in the 
                course of a labor dispute in the special technical 
                occupation at the place of employment.
                    ``(C) The employer, at the time of filing the 
                application--
                            ``(i) has provided notice of the filing 
                        under this paragraph to the bargaining 
                        representative (if any) of the employer's 
                        employees in the occupational classification 
                        and area for which aliens are sought, or
                            ``(ii) if there is no such bargaining 
                        representative, has provided notice of filing 
                        in the occupational classification through such 
                        methods as physical posting in conspicuous 
                        locations at the place of employment or 
                        electronic notification to employees in the 
                        occupational classification for which T 
                        nonimmigrants are sought.
                    ``(D) The application shall contain a specification 
                of the number of workers sought, the occupational 
                classification in which the workers will be employed, 
                and wage rate and conditions under which they will be 
                employed.
        The employer shall make available for public examination, 
        within one working day after the date on which an application 
        under this paragraph is filed, at the employer's principal 
        place of business or worksite, a copy of each such application 
        (and such accompanying documents as are necessary). The 
        Secretary shall compile, on a current basis, a list (by 
        employer and by occupational classification) of the 
        applications filed under this subsection. Such list shall 
        include the wage rate, number of aliens sought, period of 
        intended employment, and date of need. The Secretary shall make 
        such list available for public examination in Washington, D.C. 
        The Secretary of Labor shall review such an application only 
        for completeness and obvious inaccuracies. Unless the Secretary 
        finds that the application is incomplete or obviously 
        inaccurate, the Secretary shall provide the certification 
        described in section 101(a)(15)(H)(T) within 7 days of the date 
        of the filing of the application.
            ``(2)(A) Subject to paragraph (5)(A), the Secretary shall 
        establish a process for the receipt, investigation, and 
        disposition of complaints respecting a petitioner's failure to 
        meet a condition specified in an application submitted under 
        paragraph (1) or a petitioner's misrepresentation of material 
        facts in such an application. Complaints may be filed by any 
        aggrieved person or organization (including bargaining 
        representatives). No investigation or hearing shall be 
        conducted on a complaint concerning such a failure or 
        misrepresentation unless the complaint was filed not later than 
        12 months after the date of the failure or misrepresentation, 
        respectively. The Secretary shall conduct an investigation 
        under this paragraph if there is reasonable cause to believe 
        that such a failure or misrepresentation has occurred.
            ``(B) Under such process, the Secretary shall provide, 
        within 30 days after the date such a complaint is filed, for a 
        determination as to whether or not a reasonable basis exists to 
        make a finding described in subparagraph (C). If the Secretary 
        determines that such a reasonable basis exists, the Secretary 
        shall provide for notice of such determination to the 
        interested parties and an opportunity for a hearing on the 
        complaint, in accordance with section 556 of title 5, United 
        States Code, within 60 days after the date of the 
        determination. If such a hearing is requested, the Secretary 
        shall make a finding concerning the matter by not later than 60 
        days after the date of the hearing. In the case of similar 
        complaints respecting the same applicant, the Secretary may 
        consolidate the hearings under this subparagraph on such 
        complaints.
            ``(C)(i) If the Secretary finds, after notice and 
        opportunity for a hearing, a failure to meet a condition of 
        paragraph (1)(B), a substantial failure to meet a condition of 
        paragraph (1)(C) or (1)(D) or a misrepresentation of material 
        fact in an application--
                    ``(I) the Secretary shall notify the Attorney 
                General of such finding and may, in addition, impose 
                such other administrative remedies (including civil 
                monetary penalties in an amount not to exceed $1,000 
                per violation) as the Secretary determines to be 
                appropriate; and
                    ``(II) the Attorney General shall not approve 
                petitions filed with respect to that employer under 
                section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during 
                a period of at least 1 year for aliens to be employed 
                by the employer.
            ``(ii) If the Secretary finds, after notice and opportunity 
        for a hearing, a willful failure to meet a condition of 
        paragraph (1), a willful misrepresentation of material fact in 
        an application, or a violation of clause (iv)--
                    ``(I) the Secretary shall notify the Attorney 
                General of such finding and may, in addition, impose 
                such other administrative remedies (including civil 
                monetary penalties in an amount not to exceed $5,000 
                per violation) as the Secretary determines to be 
                appropriate; and
                    ``(II) the Attorney General shall not approve 
                petitions filed with respect to that employer under 
                section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during 
                a period of at least 2 years for aliens to be employed 
                by the employer.
            ``(iii) If the Secretary finds, after notice and 
        opportunity for a hearing, a willful failure to meet a 
        condition of paragraph (1) or a willful misrepresentation of 
        material fact in an application, in the course of which failure 
        or misrepresentation the employer displaced a United States 
        worker employed by the employer within the period beginning 90 
        days before and ending 90 days after the date of filing of any 
        change in nonimmigrant status supported by the application--
                    ``(I) the Secretary shall notify the Attorney 
                General of such finding and may, in addition, impose 
                such other administrative remedies (including civil 
                monetary penalties in an amount not to exceed $35,000 
                per violation) as the Secretary determines to be 
                appropriate; and
                    ``(II) the Attorney General shall not approve 
                petitions filed with respect to that employer under 
                section 204 or 214(c) (8 U.S.C. 1154 or 1184(c)) during 
a period of at least 3 years for aliens to be employed by the employer.
            ``(iv) It is a violation of this clause for an employer who 
        has filed an application under this subsection to intimidate, 
        threaten, restrain, coerce, blacklist, discharge, or in any 
        other manner discriminate against an employee (which term, for 
        purposes of this clause, includes a former employee and an 
        applicant for employment) because the employee has disclosed 
        information to the employer, or to any other person, that the 
        employee reasonably believes evidences a violation of this 
        subsection, or any rule or regulation pertaining to this 
        subsection, or because the employee cooperates or seeks to 
        cooperate in an investigation or other proceeding concerning 
        the employer's compliance with the requirements of this 
        subsection or any rule or regulation pertaining to this 
        subsection.
            ``(v) The Secretary of Labor and the Attorney General shall 
        devise a process under which a T nonimmigrant who files a 
        complaint regarding a violation of clause (iv) and is otherwise 
        eligible to remain and work in the United States may be allowed 
        to seek other appropriate employment in the United States for a 
        period not to exceed the maximum period of stay authorized for 
        such nonimmigrant classification.
            ``(vi)(I) It is a violation of this clause for an employer 
        who has filed an application under this subsection to require a 
        T nonimmigrant to pay a penalty for ceasing employment with the 
        employer prior to a date agreed to by the nonimmigrant and the 
        employer. The Secretary shall determine whether a required 
        payment is a penalty (and not liquidated damages) pursuant to 
        relevant State law.
            ``(II) It is a violation of this clause for an employer who 
        has filed an application under this subsection to require an 
        alien who is the subject of a petition filed under section 
        214(c)(10)(A), for which a fee is imposed under section 
        214(c)(10)(B), to reimburse, or otherwise compensate, the 
        employer for part or all of the cost of such fee. It is a 
        violation of this clause for such an employer otherwise to 
        accept such reimbursement or compensation from such an alien.
            ``(III) If the Secretary finds, after notice and 
        opportunity for a hearing, that an employer has committed a 
        violation of this clause, the Secretary may impose a civil 
        monetary penalty of $1,000 for each such violation and issue an 
        administrative order requiring the return to the nonimmigrant 
        of any amount paid in violation of this clause, or, if the 
        nonimmigrant cannot be located, requiring payment of any such 
        amount to the general fund of the Treasury.
            ``(vii)(I) It is a failure to meet a condition of paragraph 
        (1)(A) for an employer, who has filed an application under this 
        subsection and who places an T nonimmigrant designated as a 
        full-time employee on the petition filed under section 
        214(c)(10) by the employer with respect to the nonimmigrant, 
        after the nonimmigrant has entered into employment with the 
        employer, in nonproductive status due to a decision by the 
        employer (based on factors such as lack of work), or due to the 
        nonimmigrant's lack of a permit or license, to fail to pay the 
        nonimmigrant full-time wages in accordance with paragraph 
        (1)(A) for all such nonproductive time.
            ``(II) It is a failure to meet a condition of paragraph 
        (1)(A) for an employer, who has filed an application under this 
        subsection and who places a T nonimmigrant designated as a 
        part-time employee on the petition filed under section 
        214(c)(10) by the employer with respect to the nonimmigrant, 
        after the nonimmigrant has entered into employment with the 
        employer, in nonproductive status under circumstances described 
        in subclause (I), to fail to pay such a nonimmigrant for such 
        hours as are designated on such petition consistent with the 
        rate of pay identified on such petition.
            ``(III) In the case of a T nonimmigrant who has not yet 
        entered into employment with an employer who has had approved 
        an application under this subsection, and a petition under 
        section 214(c)(10), with respect to the nonimmigrant, the 
        provisions of subclauses (I) and (II) shall apply to the 
        employer beginning 30 days after the date the nonimmigrant 
        first is admitted into the United States pursuant to the 
        petition, or 60 days after the date the nonimmigrant becomes 
        eligible to work for the employer (in the case of a 
        nonimmigrant who is present in the United States on the date of 
        the approval of the petition).
            ``(IV) This clause does not apply to a failure to pay wages 
        to a T nonimmigrant for nonproductive time due to non-work-
        related factors, such as the voluntary request of the 
        nonimmigrant for an absence or circumstances rendering the 
        nonimmigrant unable to work.
            ``(V) This clause shall not be construed as prohibiting an 
        employer that is a school or other educational institution from 
        applying to a T nonimmigrant an established salary practice of 
        the employer, under which the employer pays to T nonimmigrants 
        and United States workers in the same occupational 
        classification an annual salary in disbursements over fewer 
        than 12 months, if--
                    ``(aa) the nonimmigrant agrees to the compressed 
                annual salary payments prior to the commencement of the 
                employment; and
                    ``(bb) the application of the salary practice to 
                the nonimmigrant does not otherwise cause the 
                nonimmigrant to violate any condition of the 
                nonimmigrant's authorization under this Act to remain 
                in the United States.
            ``(VI) This clause shall not be construed as superseding 
        clause (viii).
            ``(viii) It is a failure to meet a condition of paragraph 
        (1)(A) for an employer who has filed an application under this 
        subsection to fail to offer to a T nonimmigrant, during the 
        nonimmigrant's period of authorized employment, benefits and 
        eligibility for benefits (including the opportunity to 
        participate in health, life, disability, and other 
insurance plans; the opportunity to participate in retirement and 
savings plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same basis, and 
in accordance with the same criteria, as the employer offers to United 
States workers.
            ``(D) If the Secretary finds, after notice and opportunity 
        for a hearing, that an employer has not paid wages at the wage 
        level specified under the application and required under 
        paragraph (1), the Secretary shall order the employer to 
        provide for payment of such amounts of back pay as may be 
        required to comply with the requirements of paragraph (1), 
        whether or not a penalty under subparagraph (C) has been 
        imposed.
            ``(E) The Secretary may, on a case-by-case basis, subject 
        an employer to random investigations for a period of up to 5 
        years, beginning on the date (on or after the date of the 
        enactment of the American Competitiveness and Workforce 
        Improvement Act of 1998 (enacted Oct. 21, 1998)) on which the 
        employer is found by the Secretary to have committed a willful 
        failure to meet a condition of paragraph (1) or to have made a 
        willful misrepresentation of material fact in an application. 
        The authority of the Secretary under this subparagraph shall 
        not be construed to be subject to, or limited by, the 
        requirements of subparagraph (A).
            ``(F)(i) If the Secretary receives specific credible 
        information from a source, who is likely to have knowledge of 
        an employer's practices or employment conditions, or an 
        employer's compliance with the employer's labor condition 
        application under paragraph (1), and whose identity is known to 
        the Secretary, and such information provides reasonable cause 
        to believe that the employer has committed a willful failure to 
        meet a condition of paragraph (1)(A) or (1)(B), has engaged in 
        a pattern or practice of failures to meet such a condition, or 
        has committed a substantial failure to meet such a condition 
        that affects multiple employees, the Secretary may conduct a 
        30-day investigation into the alleged failure or failures. The 
        Secretary (or the Acting Secretary in the case of the 
        Secretary's absence or disability) shall personally certify 
        that the requirements for conducting such an investigation have 
        been met and shall approve commencement of the investigation. 
        The Secretary may withhold the identity of the source from the 
        employer, and the source's identity shall not be subject to 
        disclosure under section 552 of title 5, United States Code.
            ``(ii) The Secretary shall establish a procedure for any 
        person, desiring to provide to the Secretary information 
        described in clause (i) that may be used, in whole or in part, 
        as the basis for commencement of an investigation described in 
        such clause, to provide the information in writing on a form 
        developed and provided by the Secretary and completed by or on 
        behalf of the person. The person may not be an officer or 
        employee of the Department of Labor, unless the information 
        satisfies the requirement of clause (iii)(II) (although an 
        officer or employee of the Department of Labor may complete the 
        form on behalf of the person).
            ``(iii) Any investigation initiated or approved by the 
        Secretary under clause (i) shall be based on information that 
        satisfies the requirements of such clause and that (I) 
        originates from a source other than an officer or employee of 
        the Department of Labor, or
            ``(II) was lawfully obtained by the Secretary of Labor in 
        the course of lawfully conducting another Department of Labor 
        investigation under this Act or any other Act.
            ``(iv) The receipt by the Secretary of information 
        submitted by an employer to the Attorney General or the 
        Secretary for purposes of securing the employment of a T 
        nonimmigrant shall not be considered a receipt of information 
        for purposes of clause (i).
            ``(v) No investigation described in clause (i) (or hearing 
        described in clause (vii)) may be conducted with respect to 
        information about a failure to meet a condition described in 
        clause (i), unless the Secretary receives the information not 
        later than 12 months after the date of the alleged failure.
            ``(vi) The Secretary shall provide notice to an employer 
        with respect to whom the Secretary has received information 
        described in clause (i), prior to the commencement of an 
        investigation under such clause, of the receipt of the 
        information and of the potential for an investigation. The 
        notice shall be provided in such a manner, and shall contain 
        sufficient detail, to permit the employer to respond to the 
        allegations before an investigation is commenced. The Secretary 
        is not required to comply with this clause if the Secretary 
        determines that to do so would interfere with an effort by the 
        Secretary to secure compliance by the employer with the 
        requirements of this subsection. There shall be no judicial 
        review of a determination by the Secretary under this clause.
            ``(vii) If the Secretary determines under this subparagraph 
        that a reasonable basis exists to make a finding that a failure 
        described in clause (i) has occurred, the Secretary shall 
        provide for notice of such determination to the interested 
        parties and an opportunity for a hearing, in accordance with 
        section 556 of title 5, United States Code, within 60 days 
        after the date of the determination. If such a hearing is 
        requested, the Secretary shall make a finding concerning the 
        matter by not later than 60 days after the date of the hearing.
            ``(H) Nothing in this subsection shall be construed as 
        superseding or preempting any other enforcement-related 
        authority under this Act (such as the authorities under section 
        274B (8 U.S.C. 1324b)), or any other Act.
            ``(3) Notwithstanding any other provision of law, civil 
        money penalties collected under this subsection shall be 
        deposited in the Treasury in accordance with section 286(t).
            ``(4) For purposes of this subsection:
                    ``(A) The term `area of employment' means the area 
                within normal commuting distance of the worksite or 
                physical location where the work of the T nonimmigrant 
                is or will be performed. If such worksite or location 
                is within a Metropolitan Statistical Area, any place 
                within such area is deemed to be within the area of 
                employment.
                    ``(B) In the case of an application with respect to 
                one or more T nonimmigrants by an employer, the 
                employer is considered to `displace' a United States 
                worker from a job if the employer lays off the worker 
                from a job that is essentially the equivalent of the 
                job for which the nonimmigrant or nonimmigrants is or 
                are sought. A job shall not be considered to be 
                essentially equivalent of another job unless it 
                involves essentially the same responsibilities, was 
                held by a United States worker with substantially 
                equivalent qualifications and experience, and is 
                located in the same area of employment as the other 
                job.
                    ``(C) The term `T nonimmigrant' means an alien 
                admitted or provided status as a nonimmigrant described 
                in section 101(a)(15)(T).
                    ``(D)(i) The term `lays off', with respect to a 
                worker--
                            ``(I) means to cause the worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract; but
                            ``(II) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        at equivalent or higher compensation and 
                        benefits than the position from which the 
                        employee was discharged, regardless of whether 
                        or not the employee accepts the offer.
                    ``(ii) Nothing in this subparagraph is intended to 
                limit an employee's rights under a collective 
                bargaining agreement or other employment contract.
                    ``(E) The term `United States worker' means an 
                employee who--
                            ``(i) is a citizen or national of the 
                        United States; or
                            ``(ii) is an alien who is lawfully admitted 
                        for permanent residence, is admitted as a 
                        refugee under section 1157 (8 U.S.C. 1157), is 
                        granted asylum under section 208 (8 U.S.C. 
                        1158), or is an immigrant otherwise authorized, 
                        by this Act or by the Attorney General, to be 
                        employed.''.
    (b) Conforming Amendment.--Section 212(p) of the Immigration and 
Nationality Act (8 U.S.C. 1182(p)) is amended by striking ``and 
(a)(5)(A)'' and inserting ``, (a)(5)(A), and (o)(1)(A)(i)(II)''.

SEC. 103. ESTABLISHMENT OF HIGH-TECH EDUCATION FUND ACCOUNT; USE OF 
              FEES.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following:
    ``(t) High-Tech Education Fund Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `High-Tech Education Fund Account'. Notwithstanding any other 
        provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected under section 
        214(c)(10) and all civil money penalties collected under 
        section 214(n)(7)(C).
            ``(2) Use of fees for k-12 mathematics, science, and 
        technology education.--Except as provided in paragraph (3), 
        amounts deposited into the High-Tech Education Fund Account 
        shall remain available to the Secretary of Commerce until 
        expended to make merit-reviewed grants for programs that 
        provide opportunities for enrollment in academic enrichment 
        courses in mathematics, science, and technology for elementary 
        and secondary school students, as described in title II of the 
        HITEC Act.
            ``(3) Use of fees for duties relating to petitions.--3 
        percent of the amounts deposited into the High-Tech Education 
        Fund Account shall remain available to the Attorney General 
        until expended to carry out duties under subsections (c)(10) 
        and (n) of section 214.''.

SEC. 104. EFFECTIVE DATE; SUNSET.

    (a) Effective Date.--The amendments made by this title shall take 
effect beginning with fiscal year 2000.
    (b) Sunset.--The amendments made by sections 101 and 102 shall 
cease to be effective on September 30, 2004, except with respect to any 
alien having nonimmigrant status pursuant to such amendments before 
such date. In the case of such an alien, the amendments made by 
sections 101 and 102 shall remain in effect until the date on which 
such nonimmigrant status otherwise would expire (disregarding any 
potential extension of status).

                 TITLE II--TECHNOLOGY EDUCATION GRANTS

 SEC. 201. AUTHORIZATION.

    (a) In General.--The Secretary of Commerce, acting through the 
Director of the National Institute of Standards and Technology, and in 
consultation and coordination with the Secretary of Education, shall, 
subject to the availability of appropriations, provide grants to 
eligible entities described in subsection (b) to assist such entities 
in improving mathematics, science, and technology education in public 
schools.
    (b) Eligible Entities Described.--An eligible entity described in 
this subsection is a consortium that--
            (1) shall consist of representatives from businesses (or 
        nonprofit organizations that represent businesses); and
            (2) may consist of representatives from 1 or more of the 
        following:
                    (A) Local education organizations (as defined in 
                the Elementary and Secondary Education Act of 1965).
                    (B) State and local government.
                    (C) Education organizations.
    (c) Maximum Amount of Grant.--The amount of a grant provided to an 
eligible entity under subsection (a) may not exceed $500,000 for any 
fiscal year.

 SEC. 202. USE OF AMOUNTS.

    (a) In General.--The Secretary shall provide grants under section 
201 to an eligible entity if such entity agrees to use amounts received 
from such grant to do one or more of the following:
            (1) Provide qualified individuals to train teachers in 
        public elementary and secondary schools how to--
                    (A) use high-technology equipment;
                    (B) incorporate high-technology into the curriculum 
                (especially using technology to teach core subjects, 
                such as mathematics and science); or
                    (C) use technology to plan lessons, communicate 
                with students or parents, or more efficiently complete 
                administrative tasks.
            (2) Provide qualified individuals to serve as technology 
        support personnel for public elementary and secondary schools 
        to help schools and school divisions maintain and upgrade their 
        technological capabilities.
            (3) Provide qualified individuals to assist in the 
        instruction of mathematics, science, and technology education 
        in public secondary schools.
            (4) Provide expertise and resources to schools or school 
        districts to further enhance both the technological 
        infrastructure within schools and the innovative instruction of 
        mathematics, science, and technology education.
    (b) Additional Requirement.--In carrying out the program described 
in subsection (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 5 percent of the amount of a grant to pay for administrative costs 
associated with the program described in subsection (a).
    (d) Special Consideration for Grants.--The Secretary shall give 
preferential consideration to eligible entities that include more than 
one of the criteria set out in subsection (a).

 SEC. 203. REQUIREMENT OF MATCHING FUNDS.

    (a) In General.--The Secretary may not provide a grant under 
section 201 to an eligible entity unless such entity agrees that--
            (1) the entity will make available non-Federal 
        contributions toward the costs of carrying out activities under 
        section 202 in an amount that is not less than $2 for each $1 
        of Federal funds provided under a grant under section 201; and
            (2) of such non-Federal contributions, not less than $1 of 
        each such $2 shall be from businesses with representatives 
        serving on the eligible entity.
    (b) Exception.--For eligible entities formed to assist rural 
schools, Bureau of Indian Affairs schools, and schools whose student 
population is comprised of at least 50 percent of students eligible for 
services under title I of the Elementary and Secondary Education Act of 
1965, the entity shall comply with the requirements of subsection (a), 
except that the Federal contribution shall be $2 for every $2 
contributed by the eligible entity.
    (c) Statutory Construction.--Nothing in this title prohibits 
business representatives of eligible entities from contributing more 
resources than are required by subsection (a).

 SEC. 204. LIMIT ON ADMINISTRATIVE EXPENSES.

    The Secretary of Commerce may use not more than 5 percent of the 
funds made available to carry out this title to pay for Federal 
administrative costs associated with making grants under this title.

 SEC. 205. HITEC GOLD MEDAL.

    (a) Award Established.--
            (1) In general.--The Secretary of Commerce shall carry out 
        a program that recognizes businesses (or nonprofit 
        organizations that represent businesses) that have demonstrated 
        extraordinary commitment to improving and enhancing the quality 
        of mathematics, science, and technology education by partnering 
        with public elementary and secondary schools.
            (2) HITEC gold medal.--Each business (or nonprofit 
        organization) recognized under paragraph (1) shall be awarded a 
        ``HITEC Gold Medal''. The medal shall be of such design and 
        materials and bear such inscriptions as the Secretary may 
        prescribe.
    (b) Limitations.--
            (1) Awards.--The Secretary shall not make more than 15 
        awards under this section for any fiscal year.
            (2) Eligibility.--Any recipient of the award shall be 
        ineligible to receive a second or subsequent award for a period 
        of 3 years.
    (c) Applications.--
            (1) In general.--Each business desiring recognition under 
        subsection (a)(1) shall submit to the Secretary of Commerce an 
        application at such time, in such manner, and accompanied by 
        such information as the Secretary may reasonably require.
            (2) Criteria for consideration.--The Secretary of Commerce 
        shall, when making award determinations, consider the extent to 
        which the applicant--
                    (A) has engaged in innovative partnerships with 
                schools to support the activities described in section 
                202(a);
                    (B) has helped improve the technological skills of 
                teachers, students, and administrators; and
                    (C) has helped enhance the technological 
                capabilities of school facilities.
            (3) Other criteria.--Other appropriate criteria may also be 
        considered, at the discretion of the Secretary of Commerce, if 
        the criteria are consistent with the purpose of this medal, as 
        described in subsection (a)(1).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000 for each of the fiscal 
years 2000 through 2004.
                                 <all>