[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1342 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1342

  To allocate H-1B visas for demonstration projects in rural America.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

Mr. Dorgan (for himself and Mr. Stevens) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To allocate H-1B visas for demonstration projects in rural America.

    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 ``21st Century Homesteading Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) rural areas are suffering from--
                    (A) an out-migration of workers and loss of 
                population at a significantly higher rate than the rest 
                of the United States; and
                    (B) higher rates of poverty and unemployment than 
                the rest of the United States;
            (2) rural areas have not enjoyed the same growth in the 
        technology industry as other areas of the United States;
            (3) recruiting high-skilled workers to rural areas has been 
        particularly difficult; and
            (4) in order to allow rural areas to participate fully in 
        the unprecedented economic prosperity of the rest of the United 
        States, high-skilled workers have to be recruited specially to 
        these areas of the United States.

SEC. 3. DEMONSTRATION PROJECTS FOR RURAL AMERICA.

    (a) Establishment of Program.--
            (1) Coordination of use of h-1b fees with development of 
        high-tech jobs.--There is established a program under which the 
        Secretary of Agriculture shall conduct up to 6 demonstration 
        projects involving the employment of H-1B workers in rural 
        areas, which projects shall serve to coordinate the use of 
        employer-paid immigration fees with the development of high-
        tech employment opportunities in those areas.
            (2) Grant authority.--
                    (A) Authorization.--Subject to the availability of 
                appropriations, the Secretary of Agriculture is 
                authorized to implement the program established by 
                paragraph (1) through the award of grants to economic 
                development planning districts in rural areas.
                    (B) Application procedures.--Each economic 
                development planning district desiring a grant under 
                this section shall submit an application to the 
                Secretary of Agriculture at such time, in such manner, 
                and accompanied by or containing such information as 
                the Secretary shall reasonably require.
                    (C) Calculation of grant amount.--The amount of 
                each grant awarded under this paragraph to an economic 
                development planning district in a fiscal year shall 
                equal the total amount of fees paid by employers under 
                section 214(c)(9) of the Immigration and Nationality 
                Act (8 U.S.C. 1184(c)(9)) in that fiscal year with 
                respect to the employment in that district of H-1B 
                workers described in section 4(a).
                    (D) Designation of grant applicant and recipient.--
                For each economic development planning district, the 
                Secretary of Agriculture shall designate a single 
                entity for purposes of applying for and receiving grant 
                funds under this section.
            (3) Uses of grant funds.--Grants awarded under paragraph 
        (2) shall be available only for providing education, training, 
        equipment, and infrastructure in connection with the employment 
        of H-1B workers within that district.
    (b) Memorandum of Understanding.--For purposes of eligibility for a 
demonstration project under the program established by this section, 
the designated planning district may enter into a memorandum of 
understanding with 1 or more economic development planning districts in 
an adjacent State.
    (c) Economic Development Planning District Defined.--In this 
section, the term ``economic development planning district'' means an 
area designated by the Secretary of Agriculture that meets following 
criteria:
            (1) Location of districts.--The district is situated in a 
        State that shares an international border with Canada.
            (2) Resolution of support.--The counties or municipalities, 
        or corporations established pursuant to Public Law 92-203, as 
        amended, that comprise the district have signed a resolution of 
        support to bring high-tech development into the district.
            (3) Declaration of need.--The district has executed a 
        declaration of need confirming that the district has 
        experienced--
                    (A) an outmigration of at least 20 percent of its 
                population over the past 30 years;
                    (B) unemployment rates or poverty rates that are 
                substantially above the national average rate for 
                unemployment or poverty, respectively; or
                    (C) has a population that is 10 percent or more 
                Native American.
            (4) Partnership with industry or institutions of higher 
        education.--The district has established a partnership with 
        industry, or an institution of higher education, to recruit 
        high-skilled workers into the district.
            (5) Incentive package.--The district has developed an 
        incentive package for high-skilled workers, including job 
        offers, and other financial benefits.
            (6) Training program.--The district has established a 
        training program for workers living in the district.

SEC. 4. ALLOCATION OF H-1B VISAS.

    (a) In General.--Effective October 1, 2001, of the total number of 
aliens who may be issued visas or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act each fiscal year, not to exceed 12,000 aliens may be 
issued H-1B visas or otherwise provided nonimmigrant status under that 
section for employment in demonstration projects conducted under the 
program established by section 3, of which number not to exceed 2,000 
aliens may be accorded such status for employment in any single 
demonstration project conducted under that program.
    (b) H-1B Nonimmigrant Petition Fees.--
            (1) Establishment of account.--There is established in the 
        general fund of the Treasury of the United States a separate 
        account, which shall be known as the ``Twenty-first Century 
        Homesteading Account''.
            (2) Deposit of fees.--Notwithstanding section 286(s) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(s)), fees 
        collected under section 214(c)(9) of that Act (8 U.S.C. 
        1184(c)(9)) with respect to the employment of H-1B workers 
        described in subsection (a) shall be deposited as offsetting 
        receipts into the account.
            (3) Use of fees.--Fees deposited into the account shall 
        remain available to the Secretary of Agriculture until expended 
        to carry out demonstration projects conducted under the program 
        established by section 3.

SEC. 5. STATUTORY CONSTRUCTION.

    Nothing in this Act shall supersede, amend, or repeal the 
procedures under which an employer must file an application with the 
Secretary of Labor for an H-1B visa for a nonimmigrant in a specialty 
occupation.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) H-1B visa.--The term ``H-1B visa'' means a visa issued 
        under section 101(a)(15)(H)(i)(b) of the Immigration and 
        Nationality Act.
            (2) H-1B worker.--The term ``H-1B worker'' means an alien 
        who holds a valid H-1B visa or who otherwise has been provided 
        nonimmigrant status under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a))).
            (4) Native american.--The term ``Native American'' means--
                    (A) an Indian, as defined in section 4(d) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(d)); and
                    (B) an Alaska Native, within the meaning provided 
                for the term ``Native'' in section 3(b) of the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1602(b)).
            (5) Rural area.--The term ``rural area'' means an area that 
        is located--
                    (A) outside a standard metropolitan statistical 
                area; or
                    (B) within a community that has a population of 
                50,000 individuals or fewer.
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