II 

114TH CONGRESS 

1ST SESSION S. 153 

To amend the Immigration and Nationality Act to authorize additional visas 

for well-educated aliens to live and work in the United States, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 13, 2015 

Mr. HATCH (for himself, Ms. KLOBUCHAR, Mr. RUBIO, Mr. COONS, Mr. 

FLAKE, and Mr. BLUMENTHAL) 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 authorize 

additional visas for well-educated aliens to live and work 

in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigration Innova5 tion Act of 2015’’ or the ‘‘I-Squared Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—EMPLOYMENT-BASED NONIMMIGRANT VISAS 

Sec. 101. Market-based H–1B visa limits. 

Sec. 102. Employment authorization for dependents of H–1B nonimmigrants. 

Sec. 103. Eliminating impediments to worker mobility. 

TITLE II—STUDENT VISAS 

Sec. 201. Authorization of dual intent. 

TITLE III—EMPLOYMENT-BASED IMMIGRANT VISAS 

Sec. 301. Elimination of per-country numerical limitations. 

Sec. 302. Ensuring all preference employment-based immigrant visas are 

issued. 

Sec. 303. Aliens not subject to direct numerical limitation. 

TITLE IV—STEM EDUCATION FUNDING 

Sec. 401. Funding for STEM education and training. 

Sec. 402. Promoting American Ingenuity Account. 

Sec. 403. STEM education grant application process. 

Sec. 404. Approved activities. 

Sec. 405. National evaluation. 

Sec. 406. Rule of construction. 

1 TITLE I—EMPLOYMENT-BASED 

2 NONIMMIGRANT VISAS 

3 SEC. 101. MARKET-BASED H–1B VISA LIMITS. 

4 (a) IN GENERAL.—Section 214(g) of the Immigra5 tion and Nationality Act (8 U.S.C. 1184(g)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘(beginning with fiscal year 

9 1992)’’; and 

10 (B) by amending subparagraph (A) to read 

11 as follows: 

12 ‘‘(A) under section 101(a)(15)(H)(i)(b) 

13 may not exceed the sum of— 


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1 ‘‘(i) the base allocation calculated 

2 under paragraph (9)(A); and 

3 ‘‘(ii) the allocation adjustment cal4 culated under paragraph (9)(B); and’’; 

5 (2) in paragraph (5)— 

6 (A) in subparagraph (B), by striking ‘‘or’’ 

7 at the end; and 

8 (B) in subparagraph (C), by striking ‘‘, 

9 until the number of aliens who are exempted 

10 from such numerical limitation during such 

11 year exceeds 20,000.’’ and inserting ‘‘; or’’; 

12 (3) in paragraph (8), by striking subparagraphs 

13 (B)(iv) and (D); 

14 (4) by redesignating paragraph (10) as sub15 paragraph (D) of paragraph (9); 

16 (5) by redesignating paragraph (9) as para17 graph (10); and 

18 (6) by inserting after paragraph (8) the fol19 lowing: 

20 ‘‘(9)(A) The base allocation of nonimmigrant visas 

21 under section 101(a)(15)(H)(i)(b) for each fiscal year 

22 shall be equal to— 

23 ‘‘(i) the sum of— 

24 ‘‘(I) the base allocation for the most re25 cently completed fiscal year; and 


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1 ‘‘(II) the allocation adjustment for the 

2 most recently completed fiscal year; 

3 ‘‘(ii) if the number calculated under clause (i) 

4 is less than 115,000, 115,000; or 

5 ‘‘(iii) if the number calculated under clause (i) 

6 is more than 195,000, 195,000. 

7 ‘‘(B)(i) If the number of cap-subject nonimmigrant 

8 visa petitions approved under section 101(a)(15)(H)(i)(b) 

9 during the first 45 days petitions may be filed for a fiscal 

10 year is equal to the base allocation for such fiscal year, 

11 an additional 20,000 such visas shall be made available 

12 beginning on the 46th day on which petitions may be filed 

13 for such fiscal year. 

14 ‘‘(ii) If the base allocation of cap-subject non15 immigrant visa petitions approved under section 

16 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

17 15-day period ending on the 60th day on which petitions 

18 may be filed for such fiscal year, an additional 15,000 

19 such visas shall be made available beginning on the 61st 

20 day on which petitions may be filed for such fiscal year. 

21 ‘‘(iii) If the base allocation of cap-subject non22 immigrant visa petitions approved under section 

23 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

24 30-day period ending on the 90th day on which petitions 

25 may be filed for such fiscal year, an additional 10,000 


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1 such visas shall be made available beginning on the 91st 

2 day on which petitions may be filed for such fiscal year. 

3 ‘‘(iv) If the base allocation of cap-subject non4 immigrant visa petitions approved under section 

5 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

6 185-day period ending on the 275th day on which peti7 tions may be filed for such fiscal year, an additional 5,000 

8 such visas shall be made available beginning on the date 

9 on which such allocation is reached. 

10 ‘‘(v) If the number of cap-subject nonimmigrant visa 

11 petitions approved under section 101(a)(15)(H)(i)(b) for 

12 a fiscal year is at least 5,000 fewer than the base alloca13 tion, but is not more than 9,999 fewer than the base allo14 cation, the allocation adjustment for the following fiscal 

15 year shall be ¥5,000. 

16 ‘‘(vi) If the number of cap-subject nonimmigrant visa 

17 petitions approved under section 101(a)(15)(H)(i)(b) for 

18 a fiscal year is at least 10,000 fewer than the base alloca19 tion, but not more than 14,999 fewer than the base alloca20 tion, the allocation adjustment for the following fiscal year 

21 shall be ¥10,000. 

22 ‘‘(vii) If the number of cap-subject nonimmigrant visa 

23 petitions approved under section 101(a)(15)(H)(i)(b) for 

24 a fiscal year is at least 15,000 fewer than the base alloca25 tion, but not more than 19,999 fewer than the base allocaVerDate Sep 11 2014 02:18 Jan 17, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S153.IS S153

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1 tion, the allocation adjustment for the following fiscal year 

2 shall be ¥15,000. 

3 ‘‘(viii) If the number of cap-subject nonimmigrant 

4 visa petitions approved under section 101(a)(15)(H)(i)(b) 

5 for a fiscal year is at least 20,000 fewer than the base 

6 allocation, the allocation adjustment for the following fis7 cal year shall be ¥20,000.’’. 

8 (b) REPORTING REQUIREMENT.—The Secretary of 

9 Homeland Security shall— 

10 (1) timely upload to a public website data that 

11 summarizes the adjudication of nonimmigrant peti12 tions under section 101(a)(15)(H)(b) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(H)(b)) during each fiscal year; and 

15 (2) allow the timely adjustment of visa alloca16 tions under section 214(g)(9)(B) of such Act, as 

17 added by subsection (a). 

18 SEC. 102. EMPLOYMENT AUTHORIZATION FOR DEPEND19 ENTS OF H–1B NONIMMIGRANTS. 

20 Section 214(c) of the Immigration and Nationality 

21 Act (8 U.S.C. 1184(c)) is amended— 

22 (1) by striking ‘‘Attorney General’’ each place 

23 such term appears and inserting ‘‘Secretary of 

24 Homeland Security’’; and 


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1 (2) in paragraph (2), by amending subpara2 graph (E) to read as follows: 

3 ‘‘(E) The Secretary of Homeland Security 

4 shall— 

5 ‘‘(i) authorize an alien spouse admitted 

6 under subparagraph (H)(i)(b) or (L) of section 

7 101(a)(15) who is accompanying or following to 

8 join the principal alien to engage in employment 

9 in the United States; and 

10 ‘‘(ii) provide the spouse with an ‘employ11 ment authorized’ endorsement or other appro12 priate work permit.’’. 

13 SEC. 103. ELIMINATING IMPEDIMENTS TO WORKER MOBIL14 ITY. 

15 (a) DEFERENCE TO PRIOR APPROVALS.—Section 

16 214(c) of the Immigration and Nationality Act (8 U.S.C. 

17 1184(c)) is amended by adding at the end the following: 

18 ‘‘(9) If the Secretary of Homeland Security or the 

19 Secretary of State approves a visa, petition, or application 

20 for admission on behalf of an alien described in subpara21 graph (H)(i)(b) or (L) of section 101(a)(15), the Sec22 retary of Homeland Security or the Secretary of State 

23 may not deny a subsequent petition, visa, or application 

24 for admission involving the same employer and alien un25 less the applicant is provided with a written finding that 


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1 explains the basis for the Government’s determination 

2 that— 

3 ‘‘(A) there was a material error with regard to the 

4 approval of the previous petition, visa, or application for 

5 admission; 

6 ‘‘(B) a substantial change in circumstances has taken 

7 place since the prior approval or admission that renders 

8 the nonimmigrant ineligible for such status under this Act; 

9 or 

10 ‘‘(C) new material information has been discovered 

11 that adversely impacts the eligibility of the employer or 

12 the nonimmigrant.’’. 

13 (b) EFFECT OF ENDING EMPLOYMENT RELATION14 SHIP.—Section 214(n) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184(n)) is amended by adding at the end 

16 the following: 

17 ‘‘(3) A nonimmigrant admitted under section 

18 101(a)(15)(H)(i)(b) whose employment relationship ends 

19 (either voluntarily or involuntarily) before the expiration 

20 of the nonimmigrant’s period of authorized admission 

21 shall be deemed to have retained such legal status 

22 throughout the 60-day period beginning on such employ23 ment ending date if an employer files a petition to extend, 

24 change, or adjust the status of the nonimmigrant during 

25 such period.’’. 


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1 (c) VISA REVALIDATION.—Section 222(c) of the Im2 migration and Nationality Act (8 U.S.C. 1202(c)) is 

3 amended by inserting ‘‘The Secretary of State shall au4 thorize an alien admitted under subparagraph (E), (H), 

5 (L), (O), or (P) of section 101(a)(15) to renew his or her 

6 nonimmigrant visa in the United States if the alien has 

7 remained eligible for such status.’’. 

8 TITLE II—STUDENT VISAS 

9 SEC. 201. AUTHORIZATION OF DUAL INTENT. 

10 (a) DEFINITION.—Section 101(a)(15)(F)(i) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(15)(F)(i)) is amended by striking ‘‘which he has 

13 no intention of abandoning’’. 

14 (b) PRESUMPTION OF STATUS; INTENTION TO ABAN15 DON FOREIGN RESIDENCE.—Section 214 of the Immigra16 tion and Nationality Act (8 U.S.C. 1184) is amended— 

17 (1) in subsection (b), by striking ‘‘(L) or (V)’’ 

18 and inserting ‘‘(F), (L), or (V)’’; and 

19 (2) in subsection (h), by striking ‘‘(H)(i)(b) or 

20 (c)’’ and inserting ‘‘(F), (H)(i)(b), (H)(i)(c)’’. 


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1 TITLE III—EMPLOYMENT-BASED 

2 IMMIGRANT VISAS 

3 SEC. 301. ELIMINATION OF PER-COUNTRY NUMERICAL LIM4 ITATIONS. 

5 (a) IN GENERAL.—Section 202(a)(2) of the Immi6 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

7 amended to read as follows: 

8 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON9 SORED IMMIGRANTS.—Subject to paragraphs (3) 

10 and (4), the total number of immigrant visas made 

11 available to natives of any single foreign state or de12 pendent area under section 203(a) in any fiscal year 

13 may not exceed 15 percent (in the case of a single 

14 foreign state) or 2 percent (in the case of a depend15 ent area) of the total number of such visas made 

16 available under such section in that fiscal year.’’. 

17 (b) CONFORMING AMENDMENTS.—Section 202 of the 

18 Immigration and Nationality Act (8 U.S.C. 1152) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (3), by striking ‘‘both 

22 subsections (a) and (b) of section 203’’ and in23 serting ‘‘section 203(a)’’; and 

24 (B) by striking paragraph (5); and 


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1 (2) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

4 If the total number of immigrant visas made available 

5 under section 203(a) to natives of any single foreign state 

6 or dependent area will exceed the numerical limitation 

7 specified in subsection (a)(2) in any fiscal year, the num8 ber of visas for natives of that state or area shall be allo9 cated under section 203(a) so that, except as provided in 

10 subsection (a)(4), the proportion of the visa numbers 

11 made available under each of paragraphs (1) through (4) 

12 of section 203(a) is equal to the ratio of the total number 

13 of visas made available under the respective paragraph to 

14 the total number of visas made available under section 

15 203(a).’’. 

16 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

17 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

18 note) is amended— 

19 (1) in subsection (a), by striking ‘‘subsection 

20 (e))’’ and inserting ‘‘subsection (d))’’; and 

21 (2) by striking subsection (d) and redesignating 

22 subsection (e) as subsection (d). 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2015, and shall 

25 apply to fiscal years beginning with fiscal year 2016. 


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1 SEC. 302. ENSURING ALL PREFERENCE EMPLOYMENT2 BASED IMMIGRANT VISAS ARE ISSUED. 

3 (a) BACKLOG REDUCTION.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, beginning in fiscal year 2016, the 

6 number of employment-based immigrant visas that 

7 shall be issued under paragraph (1), (2), or (3) of 

8 section 203(b) of the Immigration and Nationality 

9 Act (8 U.S.C. 1153(b)) shall be increased by the 

10 number computed under paragraph (2). 

11 (2) NUMBER AVAILABLE.— 

12 (A) IN GENERAL.—The number computed 

13 under this paragraph is— 

14 (i) the greater of— 

15 (I) the number of preference im16 migrant visas computed under section 

17 201(d)(1) of the Immigration and Na18 tionality Act (8 U.S.C. 1151(d)(1)) 

19 for fiscal years 1992 to 2013 that 

20 were not issued to any preference im21 migrant for any of those fiscal years; 

22 or 

23 (II) 200,000; minus 

24 (ii) the number described in subpara25 graph (B). 


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1 (B) REDUCTION.—The number described 

2 in subparagraph (A)(i) shall be reduced, for 

3 each fiscal year after fiscal year 2016, by the 

4 cumulative number of immigrant visas issued 

5 for previous fiscal years pursuant to the in6 crease authorized under paragraph (1). 

7 (C) CONSTRUCTION.— 

8 (i) IN GENERAL.—Nothing in this 

9 paragraph may be construed as affecting 

10 the application of section 201(c)(3)(C) of 

11 the Immigration and Nationality Act (8 

12 U.S.C. 1151(c)(3)(C)) with regard to im13 migrant visas other than the visas author14 ized by the increase computed under sub15 paragraph (A). 

16 (ii) LIMITATION.—The visas author17 ized by the increase computed under sub18 paragraph (A) may only be issued to aliens 

19 seeking immigrant visas pursuant to para20 graph (1), (2), or (3) of section 203(b) of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1153(b)). 

23 (b) PREFERENCE IMMIGRATION AS DIRECTED BY

24 CONGRESS.—Section 201(c)(1)(B)(ii) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is 

2 amended to read as follows: 

3 ‘‘(ii) The number computed under subparagraph (A) 

4 shall not be less than the sum of— 

5 ‘‘(I) 226,000; plus 

6 ‘‘(II) the number computed under paragraph 

7 (3).’’. 

8 (c) ENSURING FULL IMPLEMENTATION.—Section 

9 203(g) of the Immigration and Nationality Act (8 U.S.C. 

10 1153(g)) is amended by striking ‘‘(g) LISTS.—For pur11 poses of carrying out’’ and inserting the following: 

12 ‘‘(g) ADMINISTRATION.— 

13 ‘‘(1) OBLIGATION TO ISSUE ALL AUTHORIZED

14 VISAS.— 

15 ‘‘(A) IN GENERAL.—The Secretary of 

16 State, in coordination with the Secretary of 

17 Homeland Security, shall administer this sec18 tion in a manner that ensures that all immi19 grant visas authorized by Congress to be issued 

20 under this section are issued to qualified appli21 cants. 

22 ‘‘(B) NOTICE.—Not later than June 1 of 

23 each fiscal year, the Secretary of State shall 

24 publish a notice in the Federal Register that 


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1 describes the steps that the Government is tak2 ing to comply with subparagraph (A). 

3 ‘‘(2) LISTS.—In order to carry out’’. 

4 (d) FACILITATING ISSUANCE OF VISAS.—Section 

5 245(a) of the Immigration and Nationality Act (8 U.S.C. 

6 1255(a)) is amended by adding at the end the following 

7 flush text: 

8 ‘‘For purposes of paragraph (3), an immigrant visa is 

9 deemed to be immediately available if any visa number al10 located under this Act to preference immigrants described 

11 in section 203(b) has not yet been issued for that fiscal 

12 year.’’. 

13 SEC. 303. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

14 LIMITATION. 

15 (a) IN GENERAL.—Section 201(b)(1) of the Immi16 gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 

17 amended by adding at the end the following: 

18 ‘‘(F) Aliens who are the spouse or a child of an 

19 alien admitted as an employment-based immigrant 

20 under section 203(b). 

21 ‘‘(G) Aliens who have earned a master’s or 

22 higher degree in a field listed on the STEM Des23 ignated Degree Program List published by the De24 partment of Homeland Security on the Student and 

25 Exchange Visitor Program website from an instituVerDate Sep 11 2014 02:18 Jan 17, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S153.IS S153

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1 tion of higher education (as defined in section 

2 101(a) of the Higher Education Act of 1965 (20 

3 U.S.C. 1001(a))). 

4 ‘‘(H) Aliens for whom a petition for an employ5 ment-based immigrant visa under paragraph (A) or 

6 (B) of section 203(b)(1) has been approved.’’. 

7 (b) CONFORMING AMENDMENTS.—Section 203(b) of 

8 the Immigration and Nationality Act (8 U.S.C. 1153(b)) 

9 is amended— 

10 (1) in paragraph (1), by striking ‘‘28.6 per11 cent’’ and inserting ‘‘12 percent’’; 

12 (2) in paragraph (2)(A), by striking ‘‘28.6 per13 cent’’ and inserting ‘‘36.9 percent’’; and 

14 (3) in paragraph (3)— 

15 (A) in subparagraph (A), by striking ‘‘28.6 

16 percent’’ and inserting ‘‘36.9 percent’’; 

17 (B) by striking subparagraph (B); and 

18 (C) by redesignating subparagraph (C) as 

19 subparagraph (B). 

20 TITLE IV—STEM EDUCATION 

21 FUNDING 

22 SEC. 401. FUNDING FOR STEM EDUCATION AND TRAINING. 

23 (a) NONIMMIGRANT FEE ADJUSTMENT AND ALLOCA24 TION.—Section 214(c)(9) of the Immigration and Nation25 ality Act (8 U.S.C. 1184(c)(9)) is amended— 


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1 (1) by amending subparagraph (B) to read as 

2 follows: 

3 ‘‘(B) The amount of the fee imposed under this para4 graph shall be— 

5 ‘‘(i) $1,250 for each such petition filed by an 

6 employer with not more than 25 full-time equivalent 

7 employees who are employed in the United States 

8 (determined by including any affiliate or subsidiary 

9 of such employer); and 

10 ‘‘(ii) $2,500 for each such petition filed by an 

11 employer with more than 25 such employees.’’; and 

12 (2) by amending subparagraph (C) to read as 

13 follows: 

14 ‘‘(C) Fees collected under this paragraph shall be dis15 tributed as follows: 

16 ‘‘(i) Of the amounts collected pursuant to sub17 paragraph (B)(i)— 

18 ‘‘(I) $750 shall be deposited in the Treas19 ury in accordance with section 286(s); and 

20 ‘‘(II) $500 shall be deposited in the Treas21 ury in accordance with section 286(w). 

22 ‘‘(ii) Of the amounts collected pursuant to sub23 paragraph (B)(ii)— 

24 ‘‘(I) $1,500 shall be deposited in the 

25 Treasury in accordance with section 286(s); and 


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1 ‘‘(II) $1,000 shall be deposited in the 

2 Treasury in accordance with section 286(w).’’. 

3 (b) CONFORMING AMENDMENT.—Section 286(s)(1) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1356(s)(1)) is amended by striking the last sentence and 

6 inserting ‘‘There shall be deposited as offsetting receipts 

7 into the account a portion of the fees collected under para8 graphs (9) and (11) of section 214(c).’’. 

9 (c) IMMIGRANT FEE.—Section 203(b) of the Immi10 gration and Nationality Act (8 U.S.C. 1153(b)) is amend11 ed by adding at the end the following: 

12 ‘‘(7) FUNDING FOR STEM EDUCATION AND

13 TRAINING.—The Secretary of Homeland Security 

14 shall impose a fee of $1,000 on each I–140 immi15 grant visa petition filed under this subsection. 

16 Amounts collected under this paragraph shall be de17 posited into the Treasury in accordance with section 

18 286(w).’’. 

19 SEC. 402. PROMOTING AMERICAN INGENUITY ACCOUNT. 

20 Section 286 of the Immigration and Nationality Act 

21 (8 U.S.C. 1356) is amended by adding at the end the fol22 lowing: 

23 ‘‘(w) PROMOTING AMERICAN INGENUITY AC24 COUNT.— 


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1 ‘‘(1) IN GENERAL.—There is established in the 

2 general fund of the Treasury a separate account, 

3 which shall be known as the ‘Promoting American 

4 Ingenuity Account’. There shall be deposited as off5 setting receipts into the account fees collected under 

6 section 203(b)(7) and a portion of the fees collected 

7 under section 214(c)(9). Amounts deposited into the 

8 account shall remain available to the Secretary of 

9 Education until expended. 

10 ‘‘(2) PURPOSES.—The purposes of the Pro11 moting American Ingenuity Account are to enhance 

12 the economic competitiveness of the United States 

13 by— 

14 ‘‘(A) strengthening STEM education, in15 cluding in computer science, at all levels; 

16 ‘‘(B) ensuring that schools have access to 

17 well-trained and effective STEM teachers; 

18 ‘‘(C) supporting efforts to strengthen the 

19 elementary and secondary curriculum, including 

20 efforts to make courses in computer science 

21 more broadly available; and 

22 ‘‘(D) helping colleges and universities 

23 produce more graduates in fields needed by 

24 American employers. 

25 ‘‘(3) ALLOCATION OF FUNDS.— 


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1 ‘‘(A) NATIONAL ACTIVITIES.—The Sec2 retary of Education may reserve up to 2 per3 cent of the amounts deposited into the Pro4 moting American Ingenuity Account for na5 tional research, development, demonstration, 

6 evaluation, and dissemination activities carried 

7 out directly or through grants, contracts, or co8 operative agreements, including— 

9 ‘‘(i) activities undertaken jointly with 

10 other Federal agencies, such as STEM 

11 mission agencies; and 

12 ‘‘(ii) grants to nonprofit organizations 

13 for nationally significant activities con14 sistent with the purposes of the Immigra15 tion Innovation Act of 2015. 

16 ‘‘(B) AMERICAN DREAM ACCOUNTS.— 

17 ‘‘(i) GRANTS AUTHORIZED.—The Sec18 retary of Education shall allocate 3 percent 

19 of the amounts deposited into the Pro20 moting American Ingenuity Account to 

21 award grants, on a competitive basis, to el22 igible entities to enable such entities to es23 tablish and administer American Dream 

24 Accounts. 


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1 ‘‘(ii) PURPOSE OF ACCOUNTS.—Amer2 ican Dream Accounts shall be personal, on3 line accounts for low-income students that 

4 include a college savings account, monitor 

5 progress toward higher education, and pro6 vide opportunities, including mentoring— 

7 ‘‘(I) to gain financial literacy 

8 skills; 

9 ‘‘(II) to learn about preparing for 

10 enrollment in an institution of higher 

11 education; and 

12 ‘‘(III) to identify career interests. 

13 ‘‘(iii) PRIORITY.—The Secretary shall 

14 give priority to applicants that dem15 onstrate that they intend to focus on 

16 STEM education and careers. 

17 ‘‘(iv) ELIGIBLE ENTITIES.—An eligi18 ble entity may be a partnership of 2 or 

19 more of the following entities: 

20 ‘‘(I) A State educational agency. 

21 ‘‘(II) A local educational agency. 

22 ‘‘(III) A charter management or23 ganization. 

24 ‘‘(IV) An institution of higher 

25 education. 


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1 ‘‘(V) A nonprofit organization. 

2 ‘‘(VI) An organization with dem3 onstrated experience in educational 

4 savings or in preparing low-income 

5 students for higher education. 

6 ‘‘(C) ALLOCATIONS TO STATES.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), the Secretary of Education shall pro9 portionately allocate the remaining 

10 amounts deposited into the account to the 

11 States each fiscal year in an amount that 

12 bears the same relationship to the remain13 der as the amount the State received under 

14 subpart 2 of part A of title I of the Ele15 mentary and Secondary Education Act of 

16 1965 (20 U.S.C. 6331 et seq.) for the pre17 ceding fiscal year bears to the amount all 

18 States received under that subpart for the 

19 preceding fiscal year. 

20 ‘‘(ii) MINIMUM ALLOCATIONS.—No 

21 State shall receive less than an amount 

22 equal to 0.5 percent of the total amount 

23 made available to all States from the Pro24 moting American Ingenuity Account. If a 

25 State does not request an allocation from 


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1 the Account for a fiscal year, the Secretary 

2 shall reallocate the State’s allocation to the 

3 remaining States in accordance with this 

4 section.’’. 

5 SEC. 403. STEM EDUCATION GRANT APPLICATION PROC6 ESS. 

7 (a) APPLICATION.—Each State desiring to receive an 

8 allocation from the Promoting American Ingenuity Ac9 count established under section 286(w) of the Immigration 

10 and Nationality Act (8 U.S.C. 1356(w)) submit an appli11 cation to the Secretary of Education that describes how 

12 the State plans to improve STEM education to meet the 

13 needs of employers in the State, at such time, in such 

14 form, and including such information as the Secretary 

15 may prescribe. 

16 (b) APPROVAL.—The Secretary of Education shall 

17 approve any application submitted under subsection (a) 

18 that meets the requirements prescribed by the Secretary 

19 if the Secretary determines, after evaluating the rec20 ommendations of peer reviewers, that the State’s plan for 

21 the use of funds would be successful in making progress 

22 toward meeting the purposes set forth in section 

23 286(w)(2) of the Immigration and Nationality Act (8 

24 U.S.C. 1356(w)(2)). 


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1 SEC. 404. APPROVED ACTIVITIES. 

2 A State or other entity that receives funding from 

3 the Promoting American Ingenuity Account may use such 

4 funding— 

5 (1) to strengthen the State’s academic achieve6 ment standards in science, technology, engineering, 

7 and mathematics (STEM); 

8 (2) to implement strategies for the recruitment, 

9 training, placement, and retention of teachers in 

10 STEM fields, including computer science; 

11 (3) to carry out initiatives designed to assist 

12 students in succeeding and graduating from postsec13 ondary STEM programs; 

14 (4) to improve the availability and access to 

15 STEM-related worker training programs, including 

16 community college courses and programs; and 

17 (5) for other activities approved by the Sec18 retary of Education to improve STEM education. 

19 SEC. 405. NATIONAL EVALUATION. 

20 (a) IN GENERAL.—Using amounts reserved under 

21 section 286(w)(3)(A) of the Immigration and Nationality 

22 Act, as added by section 402, the Secretary of Education 

23 shall conduct, directly or through a grant or contract, an 

24 annual evaluation of the implementation and impact of the 

25 activities funded by the Promoting American Ingenuity 

26 Account. 


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1 (b) ANNUAL REPORT.—The Secretary shall submit 

2 a report describing the results of each evaluation con3 ducted under subsection (a) to— 

4 (1) the President; 

5 (2) the Committee on the Judiciary of the Sen6 ate; 

7 (3) the Committee on the Judiciary of the 

8 House of Representatives; 

9 (4) the Committee on Health, Education, 

10 Labor, and Pensions of the Senate; and 

11 (5) the Committee on Education and the Work12 force of the House of Representatives. 

13 (c) DISSEMINATION.—The Secretary shall make the 

14 findings of the evaluation widely available to educators, 

15 the business community, and the public. 

16 SEC. 406. RULE OF CONSTRUCTION. 

17 Nothing in this title may be construed to permit the 

18 Secretary of Education or any other Federal official to ap19 prove the content or academic achievement standards of 

20 a State. 

Æ 


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