105TH CONGRESS

2D SESSION S. 1723

AN ACT

To amend the Immigration and Nationality Act to assist

the United States to remain competitive by increasing

the access of United States firms and institutions of

higher education to skilled personnel and by expanding

educational and training opportunities for American students and workers.

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; REFERENCES IN ACT.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘American Competitiveness Act’’.
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1 (b) REFERENCES IN ACT.—Except as otherwise spe2 cifically provided in this Act, whenever in this Act an

3 amendment or repeal is expressed as an amendment to

4 or a repeal of a provision, the reference shall be deemed

5 to be made to the Immigration and Nationality Act (8

6 U.S.C. 1101 et seq.).

7 SEC. 2. FINDINGS.

8 Congress makes the following findings:

9 (1) American companies today are engaged in

10 fierce competition in global markets.

11 (2) Companies across America are faced with

12 severe high skill labor shortages that threaten their

13 competitiveness.

14 (3) The National Software Alliance, a consor15 tium of concerned government, industry, and aca16 demic leaders that includes the United States Army,

17 Navy, and Air Force, has concluded that ‘‘The sup18 ply of computer science graduates is far short of the

19 number needed by industry.’’. The Alliance con20 cludes that the current severe understaffing could

21 lead to inflation and lower productivity.

22 (4) The Department of Labor projects that the

23 United States economy will produce more than

24 130,000 information technology jobs in each of the

25 next 10 years, for a total of more than 1,300,000.
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1 (5) Between 1986 and 1995, the number of

2 bachelor’s degrees awarded in computer science de3 clined by 42 percent. Therefore, any short-term in4 creases in enrollment may only return the United

5 States to the 1986 level of graduates and take sev6 eral years to produce these additional graduates.

7 (6) A study conducted by Virginia Tech for the

8 Information Technology Association of America esti9 mates that there are more than 340,000 unfilled po10 sitions for highly skilled information technology

11 workers in American companies.

12 (7) The Hudson Institute estimates that the

13 unaddressed shortage of skilled workers throughout

14 the United States economy will result in a 5-percent

15 drop in the growth rate of GDP. That translates

16 into approximately $200,000,000,000 in lost output,

17 nearly $1,000 for every American.

18 (8) It is necessary to deal with the current situ19 ation with both short-term and long-term measures.

20 (9) In fiscal year 1997, United States compa21 nies and universities reached the cap of 65,000 on

22 H–1B temporary visas a month before the end of

23 the fiscal year. In fiscal year 1998 the cap is ex24 pected to be reached as early as May if Congress

25 takes no action. And it will be hit earlier each year
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1 until backlogs develop of such a magnitude as to

2 prevent United States companies and researchers

3 from having any timely access to skilled foreign-born

4 professionals.

5 (10) It is vital that more American young peo6 ple be encouraged and equipped to enter technical

7 fields, such as mathematics, engineering, and com8 puter science.

9 (11) If American companies cannot find home10 grown talent, and if they cannot bring talent to this

11 country, a large number are likely to move key oper12 ations overseas, sending those and related American

13 jobs with them.

14 (12) Inaction in these areas will carry signifi15 cant consequences for the future of American com16 petitiveness around the world and will seriously un17 dermine efforts to create and keep jobs in the

18 United States.

19 SEC. 3. INCREASED ACCESS TO SKILLED PERSONNEL FOR

20 UNITED STATES COMPANIES AND UNIVER21 SITIES.

22 (a) ESTABLISHMENT OF H1–C NONIMMIGRANT CAT23 EGORY.—

24 (1) IN GENERAL.—Section 101(a)(15)(H)(i) (8

25 U.S.C. 1101(a)(15)(H)(i)) is amended—
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1 (A) by inserting ‘‘and other than services

2 described in clause (c)’’ after ‘‘subparagraph

3 (O) or (P)’’; and

4 (B) by inserting after ‘‘section 212(n)(1)’’

5 the following: ‘‘, or (c) who is coming tempo6 rarily to the United States to perform labor as

7 a health care worker, other than a physician, in

8 a specialty occupation described in section

9 214(i)(1), who meets the requirements of the

10 occupation specified in section 214(i)(2), who

11 qualifies for the exemption from the grounds of

12 inadmissibility described in section

13 212(a)(5)(C), and with respect to whom the At14 torney General certifies that the intending em15 ployer has filed with the Attorney General an

16 application under section 212(n)(1).’’.

17 (2) CONFORMING AMENDMENTS.—

18 (A) Section 212(n)(1) is amended by in19 serting ‘‘or (c)’’ after ‘‘section

20 101(a)(15)(H)(i)(b)’’ each place it appears.

21 (B) Section 214(i) is amended by inserting

22 ‘‘or (c)’’ after ‘‘section 101(a)(15)(H)(i)(b)’’

23 each place it appears.

24 (3) TRANSITION RULE.—Any petition filed

25 prior to the date of enactment of this Act, for
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1 issuance of a visa under section 101(a)(15)(H)(i)(b)

2 of the Immigration and Nationality Act on behalf of

3 an alien described in the amendment made by para4 graph (1)(B) shall, on and after that date, be treat5 ed as a petition filed under section

6 101(a)(15)(H)(i)(c) of that Act, as added by para7 graph (1).

8 (b) ANNUAL CEILINGS FOR H1–B AND H1–C WORK9 ERS.—

10 (1) AMENDMENT OF THE INA.—Section

11 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended to read

12 as follows:

13 ‘‘(g)(1) The total number of aliens who may be issued

14 visas or otherwise provided nonimmigrant status during

15 any fiscal year—

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

17 ‘‘(i) for each of fiscal years 1992 through

18 1997, and for any other fiscal year for which

19 this subsection does not specify a higher ceiling,

20 may not exceed 65,000,

21 ‘‘(ii) for fiscal year 1998, may not exceed

22 95,000,

23 ‘‘(iii) for fiscal year 1999, may not exceed

24 the number determined for fiscal year 1998

25 under such section, minus 10,000, plus the
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1 number of unused visas under subparagraph

2 (B) for the fiscal year preceding the applicable

3 fiscal year, and

4 ‘‘(iv) for fiscal year 2000, and each appli5 cable fiscal year thereafter through fiscal year

6 2002, may not exceed the number determined

7 for fiscal year 1998 under such section, minus

8 10,000, plus the number of unused visas under

9 subparagraph (B) for the fiscal year preceding

10 the applicable fiscal year, plus the number of

11 unused visas under subparagraph (C) for the

12 fiscal year preceding the applicable fiscal year;

13 ‘‘(B) under section 101(a)(15)(H)(ii)(b), begin14 ning with fiscal year 1992, may not exceed 66,000;

15 or

16 ‘‘(C) under section 101(a)(15)(H)(i)(c), begin17 ning with fiscal year 1999, may not exceed 10,000.

18 For purposes of determining the ceiling under subpara19 graph (A) (iii) and (iv), not more than 20,000 of the un20 used visas under subparagraph (B) may be taken into ac21 count for any fiscal year.’’.

22 (2) TRANSITION PROCEDURES.—Any visa

23 issued or nonimmigrant status otherwise accorded to

24 any alien under clause (i)(b) or (ii)(b) of section

25 101(a)(15)(H) of the Immigration and Nationality
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1 Act pursuant to a petition filed during fiscal year

2 1998 but approved on or after October 1, 1998,

3 shall be counted against the applicable ceiling in sec4 tion 214(g)(1) of that Act for fiscal year 1998 (as

5 amended by paragraph (1) of this subsection), ex6 cept that, in the case where counting the visa or the

7 other granting of status would cause the applicable

8 ceiling for fiscal year 1998 to be exceeded, the visa

9 or grant of status shall be counted against the appli10 cable ceiling for fiscal year 1999.

11 SEC. 4. EDUCATION AND TRAINING IN SCIENCE AND TECH12 NOLOGY.

13 (a) DEGREES IN MATHEMATICS, COMPUTER

14 SCIENCE, AND ENGINEERING.—Subpart 4 of part A of

15 title IV of the Higher Education Act of 1965 (20 U.S.C.

16 1070c et seq.) is amended in section 415A(b) (20 U.S.C.

17 1070c(b)), by adding at the end the following new para18 graph:

19 ‘‘(3) MATHEMATICS, COMPUTER SCIENCE, AND

20 ENGINEERING SCHOLARSHIPS.—It shall be a permis21 sible use of the funds made available to a State

22 under this section for the State to establish a schol23 arship program for eligible students who dem24 onstrate financial need and who seek to enter a pro-
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1 gram of study leading to a degree in mathematics,

2 computer science, or engineering.’’.

3 SEC. 5. INCREASED ENFORCEMENT PENALTIES AND IM4 PROVED OPERATIONS.

5 (a) INCREASED PENALTIES FOR VIOLATIONS OF H1–

6 B OR H1–C PROGRAM.—Section 212(n)(2)(C) (8 U.S.C.

7 1182(n)(2)(C)) is amended—

8 (1) by striking ‘‘a failure to meet’’ and all that

9 follows through ‘‘an application—’’ and inserting ‘‘a

10 willful failure to meet a condition in paragraph (1)

11 or a willful misrepresentation of a material fact in

12 an application—’’; and

13 (2) in clause (i), by striking ‘‘$1,000’’ and in14 serting ‘‘$5,000’’.

15 (b) SPOT INSPECTIONS DURING PROBATIONARY PE16 RIOD.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is

17 amended—

18 (1) by redesignating subparagraph (D) as sub19 paragraph (E); and

20 (2) by inserting after subparagraph (C) the fol21 lowing:

22 ‘‘(D) The Secretary of Labor may, on a case-by-case

23 basis, subject an employer to random inspections for a pe24 riod of up to five years beginning on the date that such

25 employer is found by the Secretary of Labor to have en-
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1 gaged in a willful failure to meet a condition of subpara2 graph (A), or a misrepresentation of material fact in an

3 application.’’.

4 (c) LAYOFF PROTECTION FOR UNITED STATES

5 WORKERS.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as

6 amended by subsection (b), is further amended by adding

7 at the end the following:

8 ‘‘(F)(i) If the Secretary finds, after notice

9 and opportunity for a hearing, a willful failure

10 to meet a condition in paragraph (1) or a will11 ful misrepresentation of a material fact in an

12 application, in the course of which the employer

13 has replaced a United States worker with a

14 nonimmigrant described in section

15 101(a)(15)(H)(i) (b) or (c) within the 6-month

16 period prior to, or within 90 days following, the

17 filing of the application—

18 ‘‘(I) the Secretary shall notify the At19 torney General of such finding, and may,

20 in addition, impose such other administra21 tive remedies (including civil monetary

22 penalties in an amount not to exceed

23 $25,000 per violation) as the Secretary de24 termines to be appropriate; and
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1 ‘‘(II) the Attorney General shall not

2 approve petitions filed with respect to the

3 employer under section 204 or 214(c) dur4 ing a period of at least 2 years for aliens

5 to be employed by the employer.

6 ‘‘(ii) For purposes of this subparagraph:

7 ‘‘(I) The term ‘replace’ means the em8 ployment of the nonimmigrant at the spe9 cific place of employment and in the spe10 cific employment opportunity from which a

11 United States worker with substantially

12 equivalent qualifications and experience in

13 the specific employment opportunity has

14 been laid off.

15 ‘‘(II) The term ‘laid off ’, with respect

16 to an individual, means the individual’s

17 loss of employment other than a discharge

18 for inadequate performance, violation of

19 workplace rules, cause, voluntary depar20 ture, voluntary retirement, or the expira21 tion of a grant, contract, or other agree22 ment. The term ‘laid off’ does not include

23 any situation in which the individual in24 volved is offered, as an alternative to such

25 loss of employment, a similar employment
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1 opportunity with the same employer at the

2 equivalent or higher compensation and

3 benefits as the position from which the em4 ployee was discharged, regardless of wheth5 er or not the employee accepts the offer.

6 ‘‘(III) The term ‘United States work7 er’ means—

8 ‘‘(aa) a citizen or national of the

9 United States;

10 ‘‘(bb) an alien who is lawfully ad11 mitted for permanent residence; or

12 ‘‘(cc) an alien authorized to be

13 employed by this Act or by the Attor14 ney General.’’.

15 (d) PROHIBITION OF USE OF H–1B VISAS BY EM16 PLOYERS ASSISTING IN INDIA’S NUCLEAR WEAPONS PRO17 GRAM.—Section 214(c) is amended—

18 (1) by redesignating paragraphs (6), (7), and

19 (8) as paragraphs (7), (8), and (9), respectively; and

20 (2) by inserting after paragraph (5) the follow21 ing new paragraph:

22 ‘‘(6) The Attorney General shall not approve a peti23 tion under section 101(a)(15)(H)(i)(b) for any employer

24 that has knowledge or reasonable cause to know that the
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1 employer is providing material assistance for the develop2 ment of nuclear weapons in India or any other country.’’.

3 (e) EXPEDITED REVIEWS AND DECISIONS.—Section

4 214(c)(2)(C) (8 U.S.C. 1184(c)(2)(C)) is amended by in5 serting ‘‘or section 101(a)(15)(H)(i)(b)’’ after ‘‘section

6 101(a)(15)(L)’’.

7 (f) DETERMINATIONS ON LABOR CONDITION APPLI8 CATIONS TO BE MADE BY ATTORNEY GENERAL.—

9 (1) IN GENERAL.—Section 101(a)(15)(H)(i)(b)

10 (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by

11 striking ‘‘with respect to whom’’ and all that follows

12 through ‘‘with the Secretary’’ and inserting ‘‘with

13 respect to whom the Attorney General determines

14 that the intending employer has filed with the Attor15 ney General’’.

16 (2) CONFORMING AMENDMENTS.—Section

17 212(n) (8 U.S.C. 1182(n)(1)) is amended—

18 (A) in paragraph (1)—

19 (i) in the first sentence, by striking

20 ‘‘Secretary of Labor’’ and inserting ‘‘Attor21 ney General’’;

22 (ii) in the sixth and eighth sentences,

23 by inserting ‘‘of Labor’’ after ‘‘Secretary’’

24 each place it appears;
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1 (iii) in the ninth sentence, by striking

2 ‘‘Secretary of Labor’’ and inserting ‘‘Attor3 ney General’’;

4 (iv) by amending the tenth sentence

5 to read as follows: ‘‘Unless the Attorney

6 General finds that the application is in7 complete or obviously inaccurate, the At8 torney General shall provide the certifi9 cation described in section

10 101(a)(15)(H)(i)(b) and adjudicate the

11 nonimmigrant visa petition.’’; and

12 (v) by inserting in full measure mar13 gin after subparagraph (D) the following

14 new sentence: ‘‘Such application shall be

15 filed with the employer’s petition for a

16 nonimmigrant visa for the alien, and the

17 Attorney General shall transmit a copy of

18 such application to the Secretary of

19 Labor.’’; and

20 (B) in the first sentence of paragraph

21 (2)(A), by striking ‘‘Secretary’’ and inserting

22 ‘‘Secretary of Labor’’.

23 (g) PREVAILING WAGE CONSIDERATIONS.—Section

24 101 (8 U.S.C. 1101) is amended by adding at the end

25 the following new subsection:
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1 ‘‘(i)(1) In computing the prevailing wage level for an

2 occupational classification in an area of employment for

3 purposes of section 212(n)(1)(A)(i)(II) and section

4 212(a)(5)(A) in the case of an employee of—

5 ‘‘(A) an institution of higher education (as de6 fined in section 1201(a) of the Higher Education

7 Act of 1965), or a related or affiliated nonprofit en8 tity, or

9 ‘‘(B) a nonprofit or Federal research institute

10 or agency,

11 the prevailing wage level shall only take into account em12 ployees at such institutions, entities, and agencies in the

13 area of employment.

14 ‘‘(2) With respect to a professional athlete (as defined

15 in section 212(a)(5)(A)(iii)(II)) when the job opportunity

16 is covered by professional sports league rules or regula17 tions, the wage set forth in those rules or regulations shall

18 be considered as not adversely affecting the wages of

19 United States workers similarly employed and be consid20 ered the prevailing wage.

21 ‘‘(3) To determine the prevailing wage, employers

22 may use either government or nongovernment published

23 surveys, including industry, region, or statewide wage sur24 veys, to determine the prevailing wage, which shall be con25 sidered correct and valid if the survey was conducted in
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1 accordance with generally accepted industry standards

2 and the employer has maintained a copy of the survey in3 formation.’’.

4 (h) POSTING REQUIREMENT.—Section

5 212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended

6 to read as follows:

7 ‘‘(ii) if there is no such bargaining rep8 resentative, has provided notice of filing in the

9 occupational classification through such meth10 ods as physical posting in a conspicuous loca11 tion, or electronic posting through an internal

12 job bank, or electronic notification available to

13 employees in the occupational classification.’’.

14 SEC. 6. ANNUAL REPORTS ON H1–B VISAS.

15 Section 212(n) (8 U.S.C. 1182(n)) is amended by

16 adding at the end the following:

17 ‘‘(3) Using data from petitions for visas issued

18 under section 101(a)(15)(H)(i)(b), the Attorney

19 General shall annually submit the following reports

20 to Congress:

21 ‘‘(A) Quarterly reports on the numbers of

22 aliens who were provided nonimmigrant status

23 under section 101(a)(15)(H)(i)(b) during the

24 previous quarter and who were subject to the
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1 numerical ceiling for the fiscal year established

2 under section 214(g)(1).

3 ‘‘(B) Annual reports on the occupations

4 and compensation of aliens provided non5 immigrant status under such section during the

6 previous fiscal year.’’.

7 SEC. 7. STUDY AND REPORT ON HIGH-TECHNOLOGY LABOR

8 MARKET NEEDS.

9 (a) STUDY.—The National Science Foundation shall

10 oversee a study involving the participation of individuals

11 representing a variety of points of view, including rep12 resentatives from academia, government, business, and

13 other appropriate organizations, to assess the labor mar14 ket needs for workers with high technology skills during

15 the 10-year period beginning on the date of enactment of

16 this Act. The study shall focus on the following issues:

17 (1) The future training and education needs of

18 the high-technology sector over that 10-year period,

19 including projected job growth for high-technology

20 issues.

21 (2) Future training and education needs of

22 United States students to ensure that their skills, at

23 various levels, are matched to the needs of the high

24 technology and information technology sector over

25 that 10-year period.
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1 (3) An analysis of progress made by educators,

2 employers, and government entities to improve the

3 teaching and educational level of American students

4 in the fields of math, science, computer, and engi5 neering since 1998.

6 (4) An analysis of the number of United States

7 workers currently or projected to work overseas in

8 professional, technical, and managerial capacities.

9 (5) The following additional issues:

10 (A) The need by the high-technology sector

11 for foreign workers with specific skills.

12 (B) The potential benefits gained by the

13 universities, employers, and economy of the

14 United States from the entry of skilled profes15 sionals in the fields of science and engineering.

16 (C) The extent to which globalization has

17 increased since 1998.

18 (D) The needs of the high-technology sec19 tor to localize United States products and serv20 ices for export purposes in light of the increas21 ing globalization of the United States and world

22 economy.

23 (E) An examination of the amount and

24 trend of high technology work that is out-
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1 sourced from the United States to foreign coun2 tries.

3 (b) REPORT.—Not later than October 1, 2000, the

4 National Science Foundation shall submit a report con5 taining the results of the study described in subsection (a)

6 to the Committees on the Judiciary of the House of Rep7 resentatives and the Senate.

8 (c) AVAILABILITY OF FUNDS.—Funds available to

9 the National Science Foundation shall be made available

10 to carry out this section.

11 SEC. 8. LIMITATION ON PER COUNTRY CEILING WITH RE12 SPECT TO EMPLOYMENT-BASED IMMI13 GRANTS.

14 (a) SPECIAL RULES.—Section 202(a) (8 U.S.C.

15 1152(a)) is amended by adding at the end the following

16 new paragraph:

17 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI18 GRANTS.—

19 ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS

20 NOT SUBJECT TO PER COUNTRY LIMITATION IF

21 ADDITIONAL VISAS AVAILABLE.—If the total

22 number of visas available under paragraph (1),

23 (2), (3), (4), or (5) of section 203(b) for a cal24 endar quarter exceeds the number of qualified

25 immigrants who may otherwise be issued such
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1 visas, the visas made available under that para2 graph shall be issued without regard to the nu3 merical limitation under paragraph (2) of this

4 subsection during the remainder of the calendar

5 quarter.

6 ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN

7 COUNTRIES SUBJECT TO SUBSECTION (e).—In

8 the case of a foreign state or dependent area to

9 which subsection (e) applies, if the total number

10 of visas issued under section 203(b) exceeds the

11 maximum number of visas that may be made

12 available to immigrants of the state or area

13 under section 203(b) consistent with subsection

14 (e) (determined without regard to this para15 graph), in applying subsection (e) all visas shall

16 be deemed to have been required for the classes

17 of aliens specified in section 203(b).’’.

18 (b) CONFORMING AMENDMENTS.—

19 (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is

20 amended by striking ‘‘paragraphs (3) and (4)’’ and

21 inserting ‘‘paragraphs (3), (4), and (5)’’.

22 (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is

23 amended by striking ‘‘the proportion of the visa

24 numbers’’ and inserting ‘‘except as provided in sub25 section (a)(5), the proportion of the visa numbers’’.
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1 (c) ONE-TIME PROTECTION UNDER PER COUNTRY

2 CEILING.—Notwithstanding section 214(g)(4) of the Im3 migration and Nationality Act, any alien who—

4 (1) as of the date of enactment of this Act is

5 a nonimmigrant described in section

6 101(a)(15)(H)(i) of that Act;

7 (2) is the beneficiary of a petition filed under

8 section 204(a) for a preference status under para9 graph (1), (2), or (3) of section 203(b); and

10 (3) would be subject to the per country limita11 tions applicable to immigrants under those para12 graphs but for this subsection,

13 may apply for and the Attorney General may grant an

14 extension of such nonimmigrant status until the alien’s

15 application for adjustment of status has been processed

16 and a decision made thereon.

17 SEC. 9. ACADEMIC HONORARIA.

18 Section 212 (8 U.S.C. 1182) is amended by adding

19 at the end the following new subsection:

20 ‘‘(p) Any alien admitted under section 101(a)(15)(B)

21 may accept an honorarium payment and associated inci22 dental expenses for a usual academic activity or activities,

23 as defined by the Attorney General in consultation with

24 the Secretary of Education, if such payment is offered by

25 an institution of higher education (as defined in section
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1 1201(a) of the Higher Education Act of 1965) or other

2 nonprofit entity and is made for services conducted for

3 the benefit of that institution or entity.’’.

4 SEC. 10. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO

5 CIVILIAN EMPLOYEES.

6 (a) IN GENERAL.—Section 101(a)(27) of the Immi7 gration and Nationality Act (8 U.S.C. 1101(a)(27)) is

8 amended—

9 (1) by striking ‘‘or’’ at the end of subparagraph

10 (J),

11 (2) by striking the period at the end of sub12 paragraph (K) and inserting ‘‘; or’’, and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(L) an immigrant who would be described in

16 clause (i), (ii), (iii), or (iv) of subparagraph (I) if

17 any reference in such a clause—

18 ‘‘(i) to an international organization de19 scribed in paragraph (15)(G)(i) were treated as

20 a reference to the North Atlantic Treaty Orga21 nization (NATO);

22 ‘‘(ii) to a nonimmigrant under paragraph

23 (15)(G)(iv) were treated as a reference to a

24 nonimmigrant classifiable under NATO–6 (as a

25 member of a civilian component accompanying
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1 a force entering in accordance with the provi2 sions of the NATO Status-of-Forces Agree3 ment, a member of a civilian component at4 tached to or employed by an Allied Head5 quarters under the ‘Protocol on the Status of

6 International Military Headquarters’ set up

7 pursuant to the North Atlantic Treaty, or as a

8 dependent); and

9 ‘‘(iii) to the Immigration Technical Correc10 tions Act of 1988 or to the Immigration and

11 Nationality Technical Corrections Act of 1994

12 were a reference to the American Competitive13 ness Act.’’.

14 (b) CONFORMING NONIMMIGRANT STATUS FOR CER15 TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—

16 Section 101(a)(15)(N) of such Act (8 U.S.C.

17 1101(a)(15)(N)) is amended—

18 (1) by inserting ‘‘(or under analogous authority

19 under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and

20 (2) by inserting ‘‘(or under analogous authority

21 under paragraph (27)(L))’’ after ‘‘(27)(I)’’.

22 SEC. 11. WHISTLEBLOWER PROTECTION.

23 Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended

24 by section 5 of this Act, is further amended—
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1 (1) in subparagraph (C), by inserting ‘‘, or that

2 the employer has intimidated, discharged, or other3 wise retaliated against any person because that per4 son has asserted a right or has cooperated in an in5 vestigation under this paragraph’’ after ‘‘a material

6 fact in an application’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(F) Any alien admitted to the United States as a

10 nonimmigrant described in section 101(a)(15)(H)(i)(b),

11 who files a complaint pursuant to subparagraph (A) and

12 is otherwise eligible to remain and work in the United

13 States, shall be allowed to seek other employment in the

14 United States for the duration of the alien’s authorized

15 admission, if—

16 ‘‘(i) the Secretary finds a failure by the em17 ployer to meet the conditions described in subpara18 graph (C), and

19 ‘‘(ii) the alien notifies the Immigration and

20 Naturalization Service of the name and address of

21 his new employer.’’.

22 SEC. 12. PASSPORTS ISSUED FOR CHILDREN UNDER 16.

23 (a) IN GENERAL.—Section 1 of title IX of the Act

24 of June 15, 1917 (22 U.S.C. 213) is amended—
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1 (1) by striking ‘‘Before’’ and inserting ‘‘(a) IN

2 GENERAL.—Before’’, and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(b) PASSPORTS ISSUED FOR CHILDREN UNDER

6 16.—

7 ‘‘(1) SIGNATURES REQUIRED.—In the case of a

8 child under the age of 16, the written application re9 quired as a prerequisite to the issuance of a passport

10 for such child shall be signed by—

11 ‘‘(A) both parents of the child if the child

12 lives with both parents;

13 ‘‘(B) the parent of the child having pri14 mary custody of the child if the child does not

15 live with both parents; or

16 ‘‘(C) the surviving parent (or legal guard17 ian) of the child, if 1 or both parents are de18 ceased.

19 ‘‘(2) WAIVER.—The Secretary of State may

20 waive the requirements of paragraph (1)(A) if the

21 Secretary determines that circumstances do not per22 mit obtaining the signatures of both parents.’’.

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

24 this section shall apply to applications for passports filed

25 on or after the date of the enactment of this Act.
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1 SEC. 13. JOB TRAINING DEMONSTRATION PROGRAMS.

2 (a) IN GENERAL.—Subject to subsection (c), in es3 tablishing demonstration programs under section 452(c)

4 of the Job Training Partnership Act (29 U.S.C. 1732(c)),

5 as in effect on the date of enactment of this Act, or a

6 successor Federal law, the Secretary of Labor shall estab7 lish demonstration programs to provide technical skills

8 training for workers, including incumbent workers.

9 (b) GRANTS.—Subject to subsection (c), the Sec10 retary of Labor shall award grants to carry out the pro11 grams to—

12 (1) private industry councils established under

13 section 102 of the Job Training Partnership Act (29

14 U.S.C. 1512), as in effect on the date of enactment

15 of this Act, or successor entities established under a

16 successor Federal law; or

17 (2) regional consortia of councils or entities de18 scribed in paragraph (1).

19 (c) LIMITATION.—The Secretary of Labor shall es20 tablish programs under subsection (a), including awarding

21 grants to carry out such programs under subsection (b),

22 only with funds made available to carry out such programs

23 under subsection (a) and not with funds made available
27

S 1723 ES

1 under the Job Training Partnership Act or a successor

2 Federal law.

Passed the Senate May 18, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1723

AN ACT

To amend the Immigration and Nationality Act to

opportunities for American students and workers.nel and by expanding educational and traininginstitutions of higher education to skilled personincreasing the access of United States firms andassist the United States to remain competitive by
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