[Congressional Record Volume 144, Number 63 (Monday, May 18, 1998)]
[Senate]
[Pages S5025-S5027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                      AMERICAN COMPETITIVENESS ACT

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                  WARNER (AND ROBB) AMENDMENT NO. 2412

  Mr. ABRAHAM (for Mr. Warner, for himself and Mr. Robb) proposed an 
amendment to the bill (S. 1723) to amend the Immigration and 
Nationality Act to assist the United States to remain competitive by 
increasing the access of the United States firms and institutions of 
higher education to skilled personnel and by expanding educational and 
training opportunities for American students and workers; as follows:

       At the appropriate place in the bill insert the following 
     new section:

     SEC. ____. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN 
                   EMPLOYEES.

       (a) In General.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (1) by striking ``or'' at the end of subparagraph (J),
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or'', and

[[Page S5026]]

       (3) by adding at the end the following new subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference to the North 
     Atlantic Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty, 
     or as a dependent); and
       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the American 
     Competitiveness Act.''.
       (b) Conforming Nonimmigrant Status for Certain Parents of 
     Special Immigrant Children.--Section 101(a)(15)(N) of such 
     Act (8 U.S.C. 1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)'', and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)''.
                                 ______
                                 

                KENNEDY (AND JOHNSON) AMENDMENT NO. 2413

  Mr. KENNEDY (for himself and Mr. Johnson) proposed an amendment to 
the bill, S. 1723, supra; as follows:

       On page 41, after line 16, insert the following:

     SEC. ____. WHISTLEBLOWER PROTECTION.

       Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
     section 5 of this Act, is further amended--
       (1) in subparagraph (C), by inserting ``, or that the 
     employer has intimidated, discharged, or otherwise retaliated 
     against any person because that person has asserted a right 
     or has cooperated in an investigation under this paragraph'' 
     after ``a material fact in an application''; and
       (2) by adding at the end the following new subparagraph:
       ``(F) Any alien admitted to the United States as a 
     nonimmigrant described in section 101(a)(15)(H)(i)(b), who 
     files a complaint pursuant to subparagraph (A) and is 
     otherwise eligible to remain and work in the United States, 
     shall be allowed to seek other employment in the United 
     States for the duration of the alien's authorized admission, 
     if--
       ``(i) the Secretary finds a failure by the employer to meet 
     the conditions described in subparagraph (C), and
       ``(ii) the alien notifies the Immigration and 
     Naturalization Service of the name and address of his new 
     employer.''.
                                 ______
                                 

                        REID AMENDMENT NO. 2414

  Mr. REID proposed an amendment to the bill, S. 1723, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC ____. PASSPORTS ISSUED FOR CHILDREN UNDER 16.

       (a) In General.--Section 1 of title IX of the Act of June 
     15, 1917 (22 U.S.C. 213) is amended--
       (1) by striking ``Before'' and inserting ``(a) In 
     General.--Before'', and
       (2) by adding at the end the following new subsection:
       ``(b) Passports Issued for Children Under 16.--
       ``(1) Signatures required.--In the case of a child under 
     the age of 16, the written application required as a 
     prerequisite to the issuance of a passport for such child 
     shall be signed by--
       ``(A) both parents of the child if the child lives with 
     both parents;
       ``(B) the parent of the child having primary custody of the 
     child if the child does not live with both parents; or
       ``(C) the surviving parent (or legal guardian) of the 
     child, if 1 or both parents are deceased.
       ``(2) Waiver.--The Secretary of State may waive the 
     requirements of paragraph (1)(A) if the Secretary determines 
     that circumstances do not permit obtaining the signatures of 
     both parents.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications for passports filed on or after 
     the date of the enactment of this Act.
                                 ______
                                 

                        REED AMENDMENT NO. 2415

  Mr. REED proposed an amendment to the bill, S. 1723, supra; as 
follows:

       On page 27, beginning with line 1, strike all through page 
     29, line 10.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 2416

  Mr. BUMPERS proposed an amendment to the bill, S. 1723, supra; as 
follows:

       At the end of the bill add the following:

     SEC.   . REPEAL OF IMMIGRANT INVESTOR PROGRAM.

       Section 203(b)(5) of the Immigration and Nationality Act, 
     as amended, (8 U.S.C. 1153(b)(5)) shall be repealed effective 
     on the date of enactment of this Act.
                                 ______
                                 

            KENNEDY (AND JOHNSON) AMENDMENTS NOS. 2417-2418

  Mr. KENNEDY (for himself and Mr. Johnson) proposed two amendments to 
the bill, S. 1723, supra; as follows:

                           Amendment No. 2417

       On page 41, after line 16, insert the following new 
     section:

     SEC. ____. RECRUITMENT OF UNITED STATES WORKERS PRIOR TO 
                   SEEKING TEMPORARY FOREIGN WORKERS UNDER THE 
                   ``H-1B VISA'' PROGRAM.

       (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 (D) the following new subparagraph:
       ``(E)(i) The employer, prior to filing the application, has 
     taken timely, significant, and effective steps to recruit and 
     retain sufficient United States workers in the specialty 
     occupation in which the nonimmigrant whose services are being 
     sought will be employed. Such steps include good faith 
     recruitment in the United States, using procedures that meet 
     industry-wide standards, offering compensation that is at 
     least as great as that required to be offered to 
     nonimmigrants under subparagraph (A), and offering employment 
     to any qualified United States worker who applies.
       ``(ii) Clause (i) shall not apply with respect to aliens 
     seeking admission or status as nonimmigrants described in 
     section 101(a)(15)(H)(i)(b) who are--
       ``(I) aliens with extraordinary ability, aliens who are 
     outstanding professors and researchers, or certain 
     multinational executives and managers described in section 
     203(b)(1), or
       ``(II) aliens coming as researchers or instructors at an 
     institution of higher education (as defined in section 
     1201(a) of the Higher Education Act of 1965; 20 U.S.C. 
     1141(a)) (or a related or affiliated nonprofit entity of such 
     institution) or a nonprofit or Federal research institute or 
     agency.''.
                                  ____


                           Amendment No. 2418

       Beginning on page 30, strike line 12 and all that follows 
     through line 21 on page 32.
       On page 41, after line 16, add the following new section:

     SEC. ____. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES 
                   WORKERS.

       (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 (D) the following:
       ``(E) The employer has not replaced any United States 
     worker with a nonimmigrant described in section 
     101(a)(15)(H)(i) (b) or (c)--
       ``(i) within the 6-month period prior to the filing of the 
     application,
       ``(ii) during the 90-day period following the filing of the 
     application, and
       ``(iii) during the 90-day period immediately preceding and 
     following the filing of any visa petition supported by the 
     application.''.
       (b) Definitions.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended by adding at 
     the end the following:
       ``(3) For purposes of this subsection:
       ``(A) The term `replace' means the employment of the 
     nonimmigrant, including by contract, employee leasing, 
     temporary help agreement, or other similar basis, at the 
     specific place of employment and in the specific employment 
     opportunity from which a United States worker with 
     substantially equivalent qualifications and experience in the 
     specific employment opportunity has been laid off.
       ``(B) The term `laid off', with respect to an individual, 
     means the individual's loss of employment other than a 
     discharge for inadequate performance, violation of workplace 
     rules, cause, voluntary departure, voluntary retirement, or 
     the expiration of a grant, contract, or other agreement. The 
     term `laid off' does not include any situation in which the 
     individual involved 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 as the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(C) The term `United States worker' means--
       ``(i) a citizen or national of the United States,
       ``(ii) an alien who is lawfully admitted for permanent 
     residence, or
       ``(iii) an alien authorized to be employed by this Act or 
     by the Attorney General,
     if the individual is employed, including employment by 
     contract, employee leasing, temporary help agreement, or 
     other similar basis.''.
                                 ______
                                 

                ABRAHAM (AND OTHERS) AMENDMENT NO. 2419

  Mr. ABRAHAM (for himself, Mr. Kennedy, and Mr. McCain) proposed an 
amendment to the bill, S. 1723, supra; as follows:

       On page 25, line 9, insert ``and for any other fiscal year 
     for which this subsection does not specify a higher 
     ceiling,'' after ``1997''.

[[Page S5027]]

       Beginning on page 27, strike line 6 and all that follows 
     through page 29, line 10, and insert the following: ``is 
     amended in section 415A(b) (20 U.S.C. 1070c(b)), by adding at 
     the end the following new paragraph:
       ``(3) Mathematics, computer science, and dngineering 
     scholarships.--It shall be a permissible use of the funds 
     made available to a State under this section for the State to 
     establish a scholarship program for eligible students who 
     demonstrate financial need and who seek to enter a program of 
     study leading to a degree in mathematics, computer science, 
     or engineering.''.
       On page 32, between lines 21 and 22, insert the following:
       (d) Prohibition of Use of H-1B Visas by Employers Assisting 
     in India's Nuclear Weapons Program.--Section 214(c) is 
     amended--
       (1) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (7), (8), and (9), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) The Attorney General shall not approve a petition 
     under section 101(a)(15)(H)(i)(b) for any employer that has 
     knowledge or reasonable cause to know that the employer is 
     providing material assistance for the development of nuclear 
     weapons in India or any other country.''.
       On page 32, line 22, strike ``(d)'' and insert ``(e)''.
       On page 33, line 1, strike ``(e)'' and insert ``(f)''.
       Beginning on page 36, line 25, strike ``the National'' and 
     all that follows through ``methods'' on line 3 of page 37 and 
     insert ``a study involving the participation of individuals 
     representing a variety of points of view, including 
     representatives from academia, government, business, and 
     other appropriate organizations,''.
       On page 34, line 15, strike ``(f)'' and insert ``(g)''.
       On page 35, line 20, strike ``(g)'' and insert ``(h)''.
       On page 41, after line 16, insert the following:

     SEC. 10. JOB TRAINING DEMONSTRATION PROGRAMS.

       (a) In General.--Subject to subsection (c), in establishing 
     demonstration programs under section 452(c) of the Job 
     Training Partnership Act (29 U.S.C. 1732(c)), as in effect on 
     the date of enactment of this Act, or a successor Federal 
     law, the Secretary of Labor shall establish demonstration 
     programs to provide technical skills training for workers, 
     including incumbent workers.
       (b) Grants.--Subject to subsection (c), the Secretary of 
     Labor shall award grants to carry out the programs to--
       (1) private industry councils established under section 102 
     of the Job Training Partnership Act (29 U.S.C. 1512), as in 
     effect on the date of enactment of this Act, or successor 
     entities established under a successor Federal law; or
       (2) regional consortia of councils or entities described in 
     paragraph (1).
       (c) Limitation.--The Secretary of Labor shall establish 
     programs under subsection (a), including awarding grants to 
     carry out such programs under subsection (b), only with funds 
     made available to carry out such programs under subsection 
     (a) and not with funds made available under the Job Training 
     Partnership Act or a successor Federal law.

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