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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``American 
Competitiveness Act''.
    (b) References in Act.--Except as otherwise specifically provided 
in this Act, whenever in this Act an amendment or repeal is expressed 
as an amendment to or a repeal of a provision, the reference shall be 
deemed to be made to the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.).

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) American companies today are engaged in fierce 
        competition in global markets.
            (2) Companies across America are faced with severe high 
        skill labor shortages that threaten their competitiveness.
            (3) The National Software Alliance, a consortium of 
        concerned government, industry, and academic leaders that 
        includes the United States Army, Navy, and Air Force, has 
        concluded that ``The supply of computer science graduates is 
        far short of the number needed by industry.''. The Alliance 
        concludes that the current severe understaffing could lead to 
        inflation and lower productivity.
            (4) The Department of Labor projects that the United States 
        economy will produce more than 130,000 information technology 
        jobs in each of the next 10 years, for a total of more than 
        1,300,000.
            (5) Between 1986 and 1995, the number of bachelor's degrees 
        awarded in computer science declined by 42 percent. Therefore, 
        any short-term increases in enrollment may only return the 
        United States to the 1986 level of graduates and take several 
        years to produce these additional graduates.
            (6) A study conducted by Virginia Tech for the Information 
        Technology Association of America estimates that there are more 
        than 340,000 unfilled positions for highly skilled information 
        technology workers in American companies.
            (7) The Hudson Institute estimates that the unaddressed 
        shortage of skilled workers throughout the United States 
        economy will result in a 5-percent drop in the growth rate of 
        GDP. That translates into approximately $200,000,000,000 in 
        lost output, nearly $1,000 for every American.
            (8) It is necessary to deal with the current situation with 
        both short-term and long-term measures.
            (9) In fiscal year 1997, United States companies and 
        universities reached the cap of 65,000 on H-1B temporary visas 
        a month before the end of the fiscal year. In fiscal year 1998 
        the cap is expected to be reached as early as May if Congress 
        takes no action. And it will be hit earlier each year until 
        backlogs develop of such a magnitude as to prevent United 
        States companies and researchers from having any timely access 
        to skilled foreign-born professionals.
            (10) It is vital that more American young people be 
        encouraged and equipped to enter technical fields, such as 
        mathematics, engineering, and computer science.
            (11) If American companies cannot find home-grown talent, 
        and if they cannot bring talent to this country, a large number 
        are likely to move key operations overseas, sending those and 
        related American jobs with them.
            (12) Inaction in these areas will carry significant 
        consequences for the future of American competitiveness around 
        the world and will seriously undermine efforts to create and 
        keep jobs in the United States.

SEC. 3. INCREASED ACCESS TO SKILLED PERSONNEL FOR UNITED STATES 
              COMPANIES AND UNIVERSITIES.

    (a) Establishment of H1-C Nonimmigrant Category.--
            (1) In general.--Section 101(a)(15)(H)(i) (8 U.S.C. 
        1101(a)(15)(H)(i)) is amended--
                    (A) by inserting ``and other than services 
                described in clause (c)'' after ``subparagraph (O) or 
                (P)''; and
                    (B) by inserting after ``section 212(n)(1)'' the 
                following: ``, or (c) who is coming temporarily to the 
                United States to perform labor as a health care worker, 
                other than a physician, in a specialty occupation 
                described in section 214(i)(1), who meets the 
                requirements of the occupation specified in section 
                214(i)(2), who qualifies for the exemption from the 
                grounds of inadmissibility described in section 
                212(a)(5)(C), and with respect to whom the Attorney 
                General certifies that the intending employer has filed 
                with the Attorney General an application under section 
                212(n)(1).''.
            (2) Conforming amendments.--
                    (A) Section 212(n)(1) is amended by inserting ``or 
                (c)'' after ``section 101(a)(15)(H)(i)(b)'' each place 
                it appears.
                    (B) Section 214(i) is amended by inserting ``or 
                (c)'' after ``section 101(a)(15)(H)(i)(b)'' each place 
                it appears.
            (3) Transition rule.--Any petition filed prior to the date 
        of enactment of this Act, for issuance of a visa under section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality Act on 
        behalf of an alien described in the amendment made by paragraph 
        (1)(B) shall, on and after that date, be treated as a petition 
        filed under section 101(a)(15)(H)(i)(c) of that Act, as added 
        by paragraph (1).
    (b) Annual Ceilings for H1-B and H1-C Workers.--
            (1) Amendment of the INA.--Section 214(g)(1) (8 U.S.C. 
        1184(g)(1)) is amended to read as follows:
    ``(g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year--
            ``(A) under section 101(a)(15)(H)(i)(b)--
                    ``(i) for each of fiscal years 1992 through 1997, 
                and for any other fiscal year for which this subsection 
                does not specify a higher ceiling, may not exceed 
                65,000,
                    ``(ii) for fiscal year 1998, may not exceed 95,000,
                    ``(iii) for fiscal year 1999, may not exceed the 
                number determined for fiscal year 1998 under such 
                section, minus 10,000, plus the number of unused visas 
                under subparagraph (B) for the fiscal year preceding 
                the applicable fiscal year, and
                    ``(iv) for fiscal year 2000, and each applicable 
                fiscal year thereafter through fiscal year 2002, may 
                not exceed the number determined for fiscal year 1998 
                under such section, minus 10,000, plus the number of 
                unused visas under subparagraph (B) for the fiscal year 
                preceding the applicable fiscal year, plus the number 
                of unused visas under subparagraph (C) for the fiscal 
                year preceding the applicable fiscal year;
            ``(B) under section 101(a)(15)(H)(ii)(b), beginning with 
        fiscal year 1992, may not exceed 66,000; or
            ``(C) under section 101(a)(15)(H)(i)(c), beginning with 
        fiscal year 1999, may not exceed 10,000.
For purposes of determining the ceiling under subparagraph (A) (iii) 
and (iv), not more than 20,000 of the unused visas under subparagraph 
(B) may be taken into account for any fiscal year.''.
            (2) Transition procedures.--Any visa issued or nonimmigrant 
        status otherwise accorded to any alien under clause (i)(b) or 
        (ii)(b) of section 101(a)(15)(H) of the Immigration and 
        Nationality Act pursuant to a petition filed during fiscal year 
        1998 but approved on or after October 1, 1998, shall be counted 
        against the applicable ceiling in section 214(g)(1) of that Act 
        for fiscal year 1998 (as amended by paragraph (1) of this 
        subsection), except that, in the case where counting the visa 
        or the other granting of status would cause the applicable 
        ceiling for fiscal year 1998 to be exceeded, the visa or grant 
        of status shall be counted against the applicable ceiling for 
        fiscal year 1999.

SEC. 4. EDUCATION AND TRAINING IN SCIENCE AND TECHNOLOGY.

    (a) Degrees in Mathematics, Computer Science, and Engineering.--
Subpart 4 of part A of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070c et seq.) 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 engineering 
        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.''.

SEC. 5. INCREASED ENFORCEMENT PENALTIES AND IMPROVED OPERATIONS.

    (a) Increased Penalties for Violations of H1-B or H1-C Program.--
Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended--
            (1) by striking ``a failure to meet'' and all that follows 
        through ``an application--'' and inserting ``a willful failure 
        to meet a condition in paragraph (1) or a willful 
        misrepresentation of a material fact in an application--''; and
            (2) in clause (i), by striking ``$1,000'' and inserting 
        ``$5,000''.
    (b) Spot Inspections During Probationary Period.--Section 212(n)(2) 
(8 U.S.C. 1182(n)(2)) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (C) the following:
    ``(D) The Secretary of Labor may, on a case-by-case basis, subject 
an employer to random inspections for a period of up to five years 
beginning on the date that such employer is found by the Secretary of 
Labor to have engaged in a willful failure to meet a condition of 
subparagraph (A), or a misrepresentation of material fact in an 
application.''.
    (c) Layoff Protection for United States Workers.--Section 212(n)(2) 
(8 U.S.C. 1182(n)(2)), as amended by subsection (b), is further amended 
by adding at the end the following:
                    ``(F)(i) If the Secretary finds, after notice and 
                opportunity for a hearing, a willful failure to meet a 
                condition in paragraph (1) or a willful 
                misrepresentation of a material fact in an application, 
                in the course of which the employer has replaced a 
                United States worker with a nonimmigrant described in 
                section 101(a)(15)(H)(i) (b) or (c) within the 6-month 
                period prior to, or within 90 days following, the 
                filing of 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 $25,000 per violation) 
                        as the Secretary determines to be appropriate; 
                        and
                            ``(II) the Attorney General shall not 
                        approve petitions filed with respect to the 
                        employer under section 204 or 214(c) during a 
                        period of at least 2 years for aliens to be 
                        employed by the employer.
                    ``(ii) For purposes of this subparagraph:
                            ``(I) The term `replace' means the 
                        employment of the nonimmigrant 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.
                            ``(II) 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 the 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.
                            ``(III) The term `United States worker' 
                        means--
                                    ``(aa) a citizen or national of the 
                                United States;
                                    ``(bb) an alien who is lawfully 
                                admitted for permanent residence; or
                                    ``(cc) an alien authorized to be 
                                employed by this Act or by the Attorney 
                                General.''.
    (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.''.
    (e) Expedited Reviews and Decisions.--Section 214(c)(2)(C) (8 
U.S.C. 1184(c)(2)(C)) is amended by inserting ``or section 
101(a)(15)(H)(i)(b)'' after ``section 101(a)(15)(L)''.
    (f) Determinations on Labor Condition Applications To Be Made by 
Attorney General.--
            (1) In general.--Section 101(a)(15)(H)(i)(b) (8 U.S.C. 
        1101(a)(15)(H)(i)(b)) is amended by striking ``with respect to 
        whom'' and all that follows through ``with the Secretary'' and 
        inserting ``with respect to whom the Attorney General 
        determines that the intending employer has filed with the 
        Attorney General''.
            (2) Conforming amendments.--Section 212(n) (8 U.S.C. 
        1182(n)(1)) is amended--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``Secretary of Labor'' and inserting ``Attorney 
                        General'';
                            (ii) in the sixth and eighth sentences, by 
                        inserting ``of Labor'' after ``Secretary'' each 
                        place it appears;
                            (iii) in the ninth sentence, by striking 
                        ``Secretary of Labor'' and inserting ``Attorney 
                        General'';
                            (iv) by amending the tenth sentence to read 
                        as follows: ``Unless the Attorney General finds 
                        that the application is incomplete or obviously 
                        inaccurate, the Attorney General shall provide 
                        the certification described in section 
                        101(a)(15)(H)(i)(b) and adjudicate the 
                        nonimmigrant visa petition.''; and
                            (v) by inserting in full measure margin 
                        after subparagraph (D) the following new 
                        sentence: ``Such application shall be filed 
                        with the employer's petition for a nonimmigrant 
                        visa for the alien, and the Attorney General 
                        shall transmit a copy of such application to 
                        the Secretary of Labor.''; and
                    (B) in the first sentence of paragraph (2)(A), by 
                striking ``Secretary'' and inserting ``Secretary of 
                Labor''.
    (g) Prevailing Wage Considerations.--Section 101 (8 U.S.C. 1101) is 
amended by adding at the end the following new subsection:
    ``(i)(1) In computing the prevailing wage level for an occupational 
classification in an area of employment for purposes of section 
212(n)(1)(A)(i)(II) and section 212(a)(5)(A) in the case of an employee 
of--
            ``(A) an institution of higher education (as defined in 
        section 1201(a) of the Higher Education Act of 1965), or a 
        related or affiliated nonprofit entity, or
            ``(B) a nonprofit or Federal research institute or agency,
the prevailing wage level shall only take into account employees at 
such institutions, entities, and agencies in the area of employment.
    ``(2) With respect to a professional athlete (as defined in section 
212(a)(5)(A)(iii)(II)) when the job opportunity is covered by 
professional sports league rules or regulations, the wage set forth in 
those rules or regulations shall be considered as not adversely 
affecting the wages of United States workers similarly employed and be 
considered the prevailing wage.
    ``(3) To determine the prevailing wage, employers may use either 
government or nongovernment published surveys, including industry, 
region, or statewide wage surveys, to determine the prevailing wage, 
which shall be considered correct and valid if the survey was conducted 
in accordance with generally accepted industry standards and the 
employer has maintained a copy of the survey information.''.
    (h) Posting Requirement.--Section 212(n)(1)(C)(ii) (8 U.S.C. 
1182(n)(1)(C)(ii)) is amended to read as follows:
                    ``(ii) if there is no such bargaining 
                representative, has provided notice of filing in the 
                occupational classification through such methods as 
                physical posting in a conspicuous location, or 
                electronic posting through an internal job bank, or 
                electronic notification available to employees in the 
                occupational classification.''.

SEC. 6. ANNUAL REPORTS ON H1-B VISAS.

    Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end 
the following:
            ``(3) Using data from petitions for visas issued under 
        section 101(a)(15)(H)(i)(b), the Attorney General shall 
        annually submit the following reports to Congress:
                    ``(A) Quarterly reports on the numbers of aliens 
                who were provided nonimmigrant status under section 
                101(a)(15)(H)(i)(b) during the previous quarter and who 
                were subject to the numerical ceiling for the fiscal 
                year established under section 214(g)(1).
                    ``(B) Annual reports on the occupations and 
                compensation of aliens provided nonimmigrant status 
                under such section during the previous fiscal year.''.

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

    (a) Study.--The National Science Foundation shall oversee a study 
involving the participation of individuals representing a variety of 
points of view, including representatives from academia, government, 
business, and other appropriate organizations, to assess the labor 
market needs for workers with high technology skills during the 10-year 
period beginning on the date of enactment of this Act. The study shall 
focus on the following issues:
            (1) The future training and education needs of the high-
        technology sector over that 10-year period, including projected 
        job growth for high-technology issues.
            (2) Future training and education needs of United States 
        students to ensure that their skills, at various levels, are 
        matched to the needs of the high technology and information 
        technology sector over that 10-year period.
            (3) An analysis of progress made by educators, employers, 
        and government entities to improve the teaching and educational 
        level of American students in the fields of math, science, 
        computer, and engineering since 1998.
            (4) An analysis of the number of United States workers 
        currently or projected to work overseas in professional, 
        technical, and managerial capacities.
            (5) The following additional issues:
                    (A) The need by the high-technology sector for 
                foreign workers with specific skills.
                    (B) The potential benefits gained by the 
                universities, employers, and economy of the United 
                States from the entry of skilled professionals in the 
                fields of science and engineering.
                    (C) The extent to which globalization has increased 
                since 1998.
                    (D) The needs of the high-technology sector to 
                localize United States products and services for export 
                purposes in light of the increasing globalization of 
                the United States and world economy.
                    (E) An examination of the amount and trend of high 
                technology work that is out-sourced from the United 
                States to foreign countries.
    (b) Report.--Not later than October 1, 2000, the National Science 
Foundation shall submit a report containing the results of the study 
described in subsection (a) to the Committees on the Judiciary of the 
House of Representatives and the Senate.
    (c) Availability of Funds.--Funds available to the National Science 
Foundation shall be made available to carry out this section.

SEC. 8. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-
              BASED IMMIGRANTS.

    (a) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is amended by 
adding at the end the following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Employment-based immigrants not subject to 
                per country limitation if additional visas available.--
                If the total number of visas available under paragraph 
                (1), (2), (3), (4), or (5) of section 203(b) for a 
                calendar quarter exceeds the number of qualified 
                immigrants who may otherwise be issued such visas, the 
                visas made available under that paragraph shall be 
                issued without regard to the numerical limitation under 
                paragraph (2) of this subsection during the remainder 
                of the calendar quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(b) exceeds the maximum number of visas that 
                may be made available to immigrants of the state or 
                area under section 203(b) consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying subsection (e) all visas shall be deemed to 
                have been required for the classes of aliens specified 
                in section 203(b).''.
    (b) Conforming Amendments.--
            (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended by 
        striking ``paragraphs (3) and (4)'' and inserting ``paragraphs 
        (3), (4), and (5)''.
            (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by 
        striking ``the proportion of the visa numbers'' and inserting 
        ``except as provided in subsection (a)(5), the proportion of 
        the visa numbers''.
    (c) One-Time Protection Under Per Country Ceiling.--Notwithstanding 
section 214(g)(4) of the Immigration and Nationality Act, any alien 
who--
            (1) as of the date of enactment of this Act is a 
        nonimmigrant described in section 101(a)(15)(H)(i) of that Act;
            (2) is the beneficiary of a petition filed under section 
        204(a) for a preference status under paragraph (1), (2), or (3) 
        of section 203(b); and
            (3) would be subject to the per country limitations 
        applicable to immigrants under those paragraphs but for this 
        subsection,
may apply for and the Attorney General may grant an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 9. ACADEMIC HONORARIA.

    Section 212 (8 U.S.C. 1182) is amended by adding at the end the 
following new subsection:
    ``(p) Any alien admitted under section 101(a)(15)(B) may accept an 
honorarium payment and associated incidental expenses for a usual 
academic activity or activities, as defined by the Attorney General in 
consultation with the Secretary of Education, if such payment is 
offered by an institution of higher education (as defined in section 
1201(a) of the Higher Education Act of 1965) or other nonprofit entity 
and is made for services conducted for the benefit of that institution 
or entity.''.

SEC. 10. 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
            (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)''.

SEC. 11. 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.''.

SEC. 12. 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.

SEC. 13. 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.

            Passed the Senate May 18, 1998.

            Attest:

                                                             Secretary.
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.

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S 1723 ES----18
S 1723 ES----19
S 1723 ES----20
```