II

106TH CONGRESS

1ST SESSION S. 1645

To amend the Immigration and Nationality Act to establish a 5-year pilot

program under which certain aliens completing an advanced degree in

mathematics, science, engineering, or computer science are permitted

to change nonimmigrant classification in order to remain in the United

States for a 5-year period for the purpose of working in one of those

fields, and to foster partnerships between public schools and private

industry to improve mathematics, science, and technology education in

public schools.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28, 1999

Mr. ROBB (for himself, Mr. SCHUMER, Mr. KERRY, Mr. LEAHY, Mr. JOHNSON, and Mr. LIEBERMAN) 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 establish

a 5-year pilot program under which certain aliens completing an advanced degree in mathematics, science, engineering, or computer science are permitted to change

nonimmigrant classification in order to remain in the

United States for a 5-year period for the purpose of

working in one of those fields, and to foster partnerships

between public schools and private industry to improve

mathematics, science, and technology education in public

schools.
2

•S 1645 IS

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 ‘‘Helping Improve Tech5 nology Education and Competitiveness Act’’ or the

6 ‘‘HITEC Act’’.

7 TITLE I—PILOT PROGRAM

8 SEC. 101. AUTHORIZING CHANGE IN NONIMMIGRANT STA9 TUS FOR EMPLOYMENT-BASED NON10 IMMIGRANTS WITH DEGREES IN MATHE11 MATICS, SCIENCE, ENGINEERING, OR COM12 PUTER SCIENCE.

13 (a) ESTABLISHMENT OF NONIMMIGRANT CAT14 EGORY.—Section 101(a)(15) of the Immigration and Na15 tionality Act (8 U.S.C. 101(a)(15)) is amended—

16 (1) in subparagraph (R), by striking ‘‘or’’ at

17 the end;

18 (2) in subparagraph (S), by striking the comma

19 at the end and inserting ‘‘; or’’; and

20 (3) by inserting after subparagraph (S) the fol21 lowing:

22 ‘‘(T) subject to section 214(n), an alien who is

23 authorized to change nonimmigrant classification

24 and remain temporarily in the United States to per25 form services (other than services described in sub-
3

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1 clause (a) of subparagraph (H)(i) during the period

2 in which such subclause applies, services described in

3 subclause (ii)(a) of subparagraph (H), or services

4 described in subparagraph (O) or (P)) in a special

5 technical occupation described in section 214(n)(2),

6 who meets the requirements for the occupation spec7 ified in section 214(n)(3), and with respect to whom

8 the Secretary of Labor determines and certifies to

9 the Attorney General that the intending employer

10 has filed with the Secretary an application under

11 section 212(o)(1);’’.

12 (b) PROCESS FOR APPROVAL OF PETITIONS.—Sec13 tion 214(c) of the Immigration and Nationality Act (8

14 U.S.C. 1184(c)) is amended by adding at the end the fol15 lowing:

16 ‘‘(10)(A) The question of providing any alien status

17 as a nonimmigrant under section 101(a)(15)(T) in any

18 specific case or specific cases shall be determined by the

19 Attorney General upon petition of the employer seeking

20 to employ the alien. Such petition shall be made and ap21 proved before the status is granted, and, in the case of

22 a petition described in subparagraph (B)(i), the petition

23 shall be made and approved before the alien obtains the

24 degree described in subsection (n)(3)(B). The petition

25 shall be in such form and contain such information as the
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1 Attorney General shall prescribe, consistent with sub2 section (n), and shall specify a period of intended employ3 ment. The approval of such a petition shall not, of itself,

4 be construed as establishing that the alien is a non5 immigrant with such status.

6 ‘‘(B) The Attorney General shall impose a fee on an

7 employer filing a petition under subparagraph (A)—

8 ‘‘(i) initially to grant an alien nonimmigrant

9 status described in section 101(a)(15)(T);

10 ‘‘(ii) to extend the stay of an alien having such

11 status (unless the employer previously has obtained

12 an extension for such alien); or

13 ‘‘(iii) to obtain authorization for an alien having

14 such status to change employers.

15 ‘‘(C) The amount of the fee shall be $500 for each

16 petition filed under clause (ii) or (iii) of subparagraph (B)

17 and $1,000 for each petition filed under subparagraph

18 (B)(i).

19 ‘‘(D) Fees collected under this paragraph shall be de20 posited in the Treasury in accordance with section

21 286(t).’’.

22 (c) REQUIREMENTS FOR CHANGE OF NONIMMIGRANT

23 CLASSIFICATION; ENFORCEMENT OF EMPLOYER OBLIGA24 TIONS.—Section 214 of the Immigration and Nationality

25 Act (8 U.S.C. 1184) is amended—
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1 (1) by redesignating the subsection (l) added by

2 section 625(a) of the Illegal Immigration Reform

3 and Immigrant Responsibility Act of 1996 (Public

4 Law 104–208; 110 Stat. 3009–1820) as subsection

5 (m); and

6 (2) by adding at the end the following:

7 ‘‘(n)(1) Notwithstanding section 248 or 212(e), or

8 any other provision of this Act, the Attorney General may,

9 under such conditions as the Attorney General may pre10 scribe consistent with this subsection and subsection

11 (c)(10)(A), authorize a change from a nonimmigrant clas12 sification under subparagraph (F) or (J) of section

13 101(a)(15) to a nonimmigrant classification under section

14 101(a)(15)(T) in the case of any alien lawfully admitted

15 to the United States as a nonimmigrant who is continuing

16 to maintain that status and who is not inadmissible under

17 section 212(a)(9)(B)(i) (or whose inadmissibility under

18 such section is waived under section 212(a)(9)(B)(v)).

19 ‘‘(2) For purposes of section 101(a)(15)(T) and para20 graph (3), the term ‘special technical occupation’ means

21 an occupation in a high-technology field—

22 ‘‘(A) that uses the knowledge, skills, and abili23 ties possessed by persons attaining a master’s or

24 higher degree with a major in mathematics, science,

25 engineering, or computer science, and requires such
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•S 1645 IS

1 knowledge, skills, and abilities as a minimum for

2 entry into the occupation in the United States; and

3 ‘‘(B) with respect to which the annual total

4 compensation (including the value of all wages, sal5 ary, bonuses, stock, stock options, and any other

6 similar form of remuneration) equals or exceeds

7 $60,000.

8 ‘‘(3) For purposes of section 101(a)(15)(T), the re9 quirements of this paragraph, with respect to a special

10 technical occupation, are—

11 ‘‘(A) full State licensure to practice in the occu12 pation, if such licensure is required to practice in the

13 occupation;

14 ‘‘(B) not earlier than 90 days prior to initially

15 obtaining nonimmigrant status under such section,

16 having been graduated, with a degree described in

17 paragraph (2)(A) for the occupation, from an insti18 tution of higher education (as defined in section

19 102(a) of the Higher Education Act of 1965 (20

20 U.S.C. 1002(a)) inside the United States whose stu21 dents receive loans under part B or D of title IV of

22 such Act (20 U.S.C. 1070 et seq.; 20 U.S.C. 1087a

23 et seq.); and

24 ‘‘(C) obtaining a contractual obligation on the

25 part of the employer filing the petition on behalf of
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1 the alien under section 214(c)(10)(A) to pay the

2 alien in accordance with paragraph (2)(B) at all

3 times during the period of intended employment in

4 the United States specified in the petition.

5 ‘‘(4) In the case of a nonimmigrant described in sec6 tion 101(a)(15)(T), the period of authorized stay in the

7 United States as such a nonimmigrant may not exceed 5

8 years.

9 ‘‘(5) An employer who has filed a petition under sub10 section (c)(10)(A) with respect to an employee having non11 immigrant status under section 101(a)(15)(T) annually

12 shall submit to the Secretary of Labor a copy of the most

13 recent statement under section 6051 of the Internal Rev14 enue Code of 1986 for the employee. Based on information

15 in any such statement, the Secretary of Labor may initiate

16 an investigation described in section 212(o)(2) concerning

17 a possible failure, misrepresentation, or violation, without

18 a complaint described in such paragraph, if the Secretary

19 of Labor has a reasonable basis for such initiation.

20 ‘‘(6)(A) The Attorney General shall submit every 6

21 months to the Committees on the Judiciary of the House

22 of Representatives and of the Senate a report describing,

23 with respect to petitions under section 101(a)(15)(T) for

24 the previous 6-month period, the number aliens granted

25 nonimmigrant status pursuant to such petitions. Such
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1 data shall be reported on a monthly basis for each month

2 in the reporting period.

3 ‘‘(B) The Attorney General shall submit annually to

4 the Committees on the Judiciary of the House of Rep5 resentatives and of the Senate a report describing, with

6 respect to each workers included in such approved peti7 tions under section 101(a)(15)(T) for the previous fiscal

8 year, the following:

9 ‘‘(i) Occupation.

10 ‘‘(ii) Employer.

11 ‘‘(iii) Annual total compensation.

12 ‘‘(iv) Highest degree completed at an institution

13 of higher education described in paragraph (2)(B).

14 ‘‘(v) Name of such institution.

15 ‘‘(vi) Concentration or major with respect to

16 such degree.’’.

17 SEC. 102. LABOR CONDITION APPLICATIONS.

18 (a) IN GENERAL.—Section 212 of the Immigration

19 and Nationality Act (8 U.S.C. 1182) is amended by insert20 ing after subsection (n) the following:

21 ‘‘(o) LABOR CONDITION APPLICATIONS.—

22 ‘‘(1) No alien may be admitted or provided sta23 tus as a T nonimmigrant in occupational classifica24 tion unless the employer has filed with the Secretary

25 of Labor an application stating the following:
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1 ‘‘(A) The employer—

2 ‘‘(i) is offering and will offer during

3 the period of authorized employment to

4 aliens admitted or provided status as a T

5 non-immigrant wages that are at least—

6 ‘‘(I) the actual wage level paid by

7 the employer to all other individuals

8 with similar experience and qualifica9 tions for the specific employment in

10 question, or

11 ‘‘(II) the prevailing wage level for

12 the occupational classification in the

13 area of employment, whichever is

14 greater, based on the best information

15 available as of the time of filing the

16 application, and

17 ‘‘(ii) will provide working conditions

18 for such a nonimmigrant that will not ad19 versely affect the working conditions of

20 workers similarly employed.

21 ‘‘(B) There is not a strike or lockout in the

22 course of a labor dispute in the special technical

23 occupation at the place of employment.

24 ‘‘(C) The employer, at the time of filing

25 the application—
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1 ‘‘(i) has provided notice of the filing

2 under this paragraph to the bargaining

3 representative (if any) of the employer’s

4 employees in the occupational classification

5 and area for which aliens are sought, or

6 ‘‘(ii) if there is no such bargaining

7 representative, has provided notice of filing

8 in the occupational classification through

9 such methods as physical posting in con10 spicuous locations at the place of employ11 ment or electronic notification to employ12 ees in the occupational classification for

13 which T nonimmigrants are sought.

14 ‘‘(D) The application shall contain a speci15 fication of the number of workers sought, the

16 occupational classification in which the workers

17 will be employed, and wage rate and conditions

18 under which they will be employed.

19 The employer shall make available for public exam20 ination, within one working day after the date on

21 which an application under this paragraph is filed,

22 at the employer’s principal place of business or

23 worksite, a copy of each such application (and such

24 accompanying documents as are necessary). The

25 Secretary shall compile, on a current basis, a list (by
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1 employer and by occupational classification) of the

2 applications filed under this subsection. Such list

3 shall include the wage rate, number of aliens sought,

4 period of intended employment, and date of need.

5 The Secretary shall make such list available for pub6 lic examination in Washington, D.C. The Secretary

7 of Labor shall review such an application only for

8 completeness and obvious inaccuracies. Unless the

9 Secretary finds that the application is incomplete or

10 obviously inaccurate, the Secretary shall provide the

11 certification described in section 101(a)(15)(H)(T)

12 within 7 days of the date of the filing of the applica13 tion.

14 ‘‘(2)(A) Subject to paragraph (5)(A), the Sec15 retary shall establish a process for the receipt, inves16 tigation, and disposition of complaints respecting a

17 petitioner’s failure to meet a condition specified in

18 an application submitted under paragraph (1) or a

19 petitioner’s misrepresentation of material facts in

20 such an application. Complaints may be filed by any

21 aggrieved person or organization (including bar22 gaining representatives). No investigation or hearing

23 shall be conducted on a complaint concerning such

24 a failure or misrepresentation unless the complaint

25 was filed not later than 12 months after the date of
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1 the failure or misrepresentation, respectively. The

2 Secretary shall conduct an investigation under this

3 paragraph if there is reasonable cause to believe that

4 such a failure or misrepresentation has occurred.

5 ‘‘(B) Under such process, the Secretary shall

6 provide, within 30 days after the date such a com7 plaint is filed, for a determination as to whether or

8 not a reasonable basis exists to make a finding de9 scribed in subparagraph (C). If the Secretary deter10 mines that such a reasonable basis exists, the Sec11 retary shall provide for notice of such determination

12 to the interested parties and an opportunity for a

13 hearing on the complaint, in accordance with section

14 556 of title 5, United States Code, within 60 days

15 after the date of the determination. If such a hear16 ing is requested, the Secretary shall make a finding

17 concerning the matter by not later than 60 days

18 after the date of the hearing. In the case of similar

19 complaints respecting the same applicant, the Sec20 retary may consolidate the hearings under this sub21 paragraph on such complaints.

22 ‘‘(C)(i) If the Secretary finds, after notice and

23 opportunity for a hearing, a failure to meet a condi24 tion of paragraph (1)(B), a substantial failure to

25 meet a condition of paragraph (1)(C) or (1)(D) or
13

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1 a misrepresentation of material fact in an

2 application—

3 ‘‘(I) the Secretary shall notify the Attorney

4 General of such finding and may, in addition,

5 impose such other administrative remedies (in6 cluding civil monetary penalties in an amount

7 not to exceed $1,000 per violation) as the Sec8 retary determines to be appropriate; and

9 ‘‘(II) the Attorney General shall not ap10 prove petitions filed with respect to that em11 ployer under section 204 or 214(c) (8 U.S.C.

12 1154 or 1184(c)) during a period of at least 1

13 year for aliens to be employed by the employer.

14 ‘‘(ii) If the Secretary finds, after notice and op15 portunity for a hearing, a willful failure to meet a

16 condition of paragraph (1), a willful misrepresenta17 tion of material fact in an application, or a violation

18 of clause (iv)—

19 ‘‘(I) the Secretary shall notify the Attorney

20 General of such finding and may, in addition,

21 impose such other administrative remedies (in22 cluding civil monetary penalties in an amount

23 not to exceed $5,000 per violation) as the Sec24 retary determines to be appropriate; and
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1 ‘‘(II) the Attorney General shall not ap2 prove petitions filed with respect to that em3 ployer under section 204 or 214(c) (8 U.S.C.

4 1154 or 1184(c)) during a period of at least 2

5 years for aliens to be employed by the employer.

6 ‘‘(iii) If the Secretary finds, after notice and op7 portunity for a hearing, a willful failure to meet a

8 condition of paragraph (1) or a willful misrepresen9 tation of material fact in an application, in the

10 course of which failure or misrepresentation the em11 ployer displaced a United States worker employed by

12 the employer within the period beginning 90 days

13 before and ending 90 days after the date of filing of

14 any change in nonimmigrant status supported by the

15 application—

16 ‘‘(I) the Secretary shall notify the Attorney

17 General of such finding and may, in addition,

18 impose such other administrative remedies (in19 cluding civil monetary penalties in an amount

20 not to exceed $35,000 per violation) as the Sec21 retary determines to be appropriate; and

22 ‘‘(II) the Attorney General shall not ap23 prove petitions filed with respect to that em24 ployer under section 204 or 214(c) (8 U.S.C.

25 1154 or 1184(c)) during a period of at least
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1 3 years for aliens to be employed by the em2 ployer.

3 ‘‘(iv) It is a violation of this clause for an em4 ployer who has filed an application under this sub5 section to intimidate, threaten, restrain, coerce,

6 blacklist, discharge, or in any other manner discrimi7 nate against an employee (which term, for purposes

8 of this clause, includes a former employee and an

9 applicant for employment) because the employee has

10 disclosed information to the employer, or to any

11 other person, that the employee reasonably believes

12 evidences a violation of this subsection, or any rule

13 or regulation pertaining to this subsection, or be14 cause the employee cooperates or seeks to cooperate

15 in an investigation or other proceeding concerning

16 the employer’s compliance with the requirements of

17 this subsection or any rule or regulation pertaining

18 to this subsection.

19 ‘‘(v) The Secretary of Labor and the Attorney

20 General shall devise a process under which a T non21 immigrant who files a complaint regarding a viola22 tion of clause (iv) and is otherwise eligible to remain

23 and work in the United States may be allowed to

24 seek other appropriate employment in the United

25 States for a period not to exceed the maximum pe-
16

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1 riod of stay authorized for such nonimmigrant clas2 sification.

3 ‘‘(vi)(I) It is a violation of this clause for an

4 employer who has filed an application under this

5 subsection to require a T nonimmigrant to pay a

6 penalty for ceasing employment with the employer

7 prior to a date agreed to by the nonimmigrant and

8 the employer. The Secretary shall determine whether

9 a required payment is a penalty (and not liquidated

10 damages) pursuant to relevant State law.

11 ‘‘(II) It is a violation of this clause for an em12 ployer who has filed an application under this sub13 section to require an alien who is the subject of a

14 petition filed under section 214(c)(10)(A), for which

15 a fee is imposed under section 214(c)(10)(B), to re16 imburse, or otherwise compensate, the employer for

17 part or all of the cost of such fee. It is a violation

18 of this clause for such an employer otherwise to ac19 cept such reimbursement or compensation from such

20 an alien.

21 ‘‘(III) If the Secretary finds, after notice and

22 opportunity for a hearing, that an employer has

23 committed a violation of this clause, the Secretary

24 may impose a civil monetary penalty of $1,000 for

25 each such violation and issue an administrative
17

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1 order requiring the return to the nonimmigrant of

2 any amount paid in violation of this clause, or, if the

3 nonimmigrant cannot be located, requiring payment

4 of any such amount to the general fund of the

5 Treasury.

6 ‘‘(vii)(I) It is a failure to meet a condition of

7 paragraph (1)(A) for an employer, who has filed an

8 application under this subsection and who places an

9 T nonimmigrant designated as a full-time employee

10 on the petition filed under section 214(c)(10) by the

11 employer with respect to the nonimmigrant, after

12 the nonimmigrant has entered into employment with

13 the employer, in nonproductive status due to a deci14 sion by the employer (based on factors such as lack

15 of work), or due to the nonimmigrant’s lack of a

16 permit or license, to fail to pay the nonimmigrant

17 full-time wages in accordance with paragraph (1)(A)

18 for all such nonproductive time.

19 ‘‘(II) It is a failure to meet a condition of para20 graph (1)(A) for an employer, who has filed an ap21 plication under this subsection and who places a T

22 nonimmigrant designated as a part-time employee

23 on the petition filed under section 214(c)(10) by the

24 employer with respect to the nonimmigrant, after

25 the nonimmigrant has entered into employment with
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1 the employer, in nonproductive status under cir2 cumstances described in subclause (I), to fail to pay

3 such a nonimmigrant for such hours as are des4 ignated on such petition consistent with the rate of

5 pay identified on such petition.

6 ‘‘(III) In the case of a T nonimmigrant who has

7 not yet entered into employment with an employer

8 who has had approved an application under this sub9 section, and a petition under section 214(c)(10),

10 with respect to the nonimmigrant, the provisions of

11 subclauses (I) and (II) shall apply to the employer

12 beginning 30 days after the date the nonimmigrant

13 first is admitted into the United States pursuant to

14 the petition, or 60 days after the date the non15 immigrant becomes eligible to work for the employer

16 (in the case of a nonimmigrant who is present in the

17 United States on the date of the approval of the pe18 tition).

19 ‘‘(IV) This clause does not apply to a failure to

20 pay wages to a T nonimmigrant for nonproductive

21 time due to non-work-related factors, such as the

22 voluntary request of the nonimmigrant for an ab23 sence or circumstances rendering the nonimmigrant

24 unable to work.
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1 ‘‘(V) This clause shall not be construed as pro2 hibiting an employer that is a school or other edu3 cational institution from applying to a T non4 immigrant an established salary practice of the em5 ployer, under which the employer pays to T non6 immigrants and United States workers in the same

7 occupational classification an annual salary in dis8 bursements over fewer than 12 months, if—

9 ‘‘(aa) the nonimmigrant agrees to the com10 pressed annual salary payments prior to the

11 commencement of the employment; and

12 ‘‘(bb) the application of the salary practice

13 to the nonimmigrant does not otherwise cause

14 the nonimmigrant to violate any condition of

15 the nonimmigrant’s authorization under this

16 Act to remain in the United States.

17 ‘‘(VI) This clause shall not be construed as su18 perseding clause (viii).

19 ‘‘(viii) It is a failure to meet a condition of

20 paragraph (1)(A) for an employer who has filed an

21 application under this subsection to fail to offer to

22 a T nonimmigrant, during the nonimmigrant’s pe23 riod of authorized employment, benefits and eligi24 bility for benefits (including the opportunity to par25 ticipate in health, life, disability, and other insurance
20

•S 1645 IS

1 plans; the opportunity to participate in retirement

2 and savings plans; and cash bonuses and noncash

3 compensation, such as stock options (whether or not

4 based on performance)) on the same basis, and in

5 accordance with the same criteria, as the employer

6 offers to United States workers.

7 ‘‘(D) If the Secretary finds, after notice and op8 portunity for a hearing, that an employer has not

9 paid wages at the wage level specified under the ap10 plication and required under paragraph (1), the Sec11 retary shall order the employer to provide for pay12 ment of such amounts of back pay as may be re13 quired to comply with the requirements of paragraph

14 (1), whether or not a penalty under subparagraph

15 (C) has been imposed.

16 ‘‘(E) The Secretary may, on a case-by-case

17 basis, subject an employer to random investigations

18 for a period of up to 5 years, beginning on the date

19 (on or after the date of the enactment of the Amer20 ican Competitiveness and Workforce Improvement

21 Act of 1998 (enacted Oct. 21, 1998)) on which the

22 employer is found by the Secretary to have com23 mitted a willful failure to meet a condition of para24 graph (1) or to have made a willful misrepresenta25 tion of material fact in an application. The authority
21

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1 of the Secretary under this subparagraph shall not

2 be construed to be subject to, or limited by, the re3 quirements of subparagraph (A).

4 ‘‘(F)(i) If the Secretary receives specific cred5 ible information from a source, who is likely to have

6 knowledge of an employer’s practices or employment

7 conditions, or an employer’s compliance with the em8 ployer’s labor condition application under paragraph

9 (1), and whose identity is known to the Secretary,

10 and such information provides reasonable cause to

11 believe that the employer has committed a willful

12 failure to meet a condition of paragraph (1)(A) or

13 (1)(B), has engaged in a pattern or practice of fail14 ures to meet such a condition, or has committed a

15 substantial failure to meet such a condition that af16 fects multiple employees, the Secretary may conduct

17 a 30-day investigation into the alleged failure or fail18 ures. The Secretary (or the Acting Secretary in the

19 case of the Secretary’s absence or disability) shall

20 personally certify that the requirements for con21 ducting such an investigation have been met and

22 shall approve commencement of the investigation.

23 The Secretary may withhold the identity of the

24 source from the employer, and the source’s identity
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1 shall not be subject to disclosure under section 552

2 of title 5, United States Code.

3 ‘‘(ii) The Secretary shall establish a procedure

4 for any person, desiring to provide to the Secretary

5 information described in clause (i) that may be used,

6 in whole or in part, as the basis for commencement

7 of an investigation described in such clause, to pro8 vide the information in writing on a form developed

9 and provided by the Secretary and completed by or

10 on behalf of the person. The person may not be an

11 officer or employee of the Department of Labor, un12 less the information satisfies the requirement of

13 clause (iii)(II) (although an officer or employee of

14 the Department of Labor may complete the form on

15 behalf of the person).

16 ‘‘(iii) Any investigation initiated or approved by

17 the Secretary under clause (i) shall be based on in18 formation that satisfies the requirements of such

19 clause and that (I) originates from a source other

20 than an officer or employee of the Department of

21 Labor, or

22 ‘‘(II) was lawfully obtained by the Secretary of

23 Labor in the course of lawfully conducting another

24 Department of Labor investigation under this Act or

25 any other Act.
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1 ‘‘(iv) The receipt by the Secretary of informa2 tion submitted by an employer to the Attorney Gen3 eral or the Secretary for purposes of securing the

4 employment of a T nonimmigrant shall not be con5 sidered a receipt of information for purposes of

6 clause (i).

7 ‘‘(v) No investigation described in clause (i) (or

8 hearing described in clause (vii)) may be conducted

9 with respect to information about a failure to meet

10 a condition described in clause (i), unless the Sec11 retary receives the information not later than 12

12 months after the date of the alleged failure.

13 ‘‘(vi) The Secretary shall provide notice to an

14 employer with respect to whom the Secretary has re15 ceived information described in clause (i), prior to

16 the commencement of an investigation under such

17 clause, of the receipt of the information and of the

18 potential for an investigation. The notice shall be

19 provided in such a manner, and shall contain suffi20 cient detail, to permit the employer to respond to the

21 allegations before an investigation is commenced.

22 The Secretary is not required to comply with this

23 clause if the Secretary determines that to do so

24 would interfere with an effort by the Secretary to se25 cure compliance by the employer with the require-
24

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1 ments of this subsection. There shall be no judicial

2 review of a determination by the Secretary under

3 this clause.

4 ‘‘(vii) If the Secretary determines under this

5 subparagraph that a reasonable basis exists to make

6 a finding that a failure described in clause (i) has

7 occurred, the Secretary shall provide for notice of

8 such determination to the interested parties and an

9 opportunity for a hearing, in accordance with section

10 556 of title 5, United States Code, within 60 days

11 after the date of the determination. If such a hear12 ing is requested, the Secretary shall make a finding

13 concerning the matter by not later than 60 days

14 after the date of the hearing.

15 ‘‘(H) Nothing in this subsection shall be con16 strued as superseding or preempting any other en17 forcement-related authority under this Act (such as

18 the authorities under section 274B (8 U.S.C.

19 1324b)), or any other Act.

20 ‘‘(3) Notwithstanding any other provision of

21 law, civil money penalties collected under this sub22 section shall be deposited in the Treasury in accord23 ance with section 286(t).

24 ‘‘(4) For purposes of this subsection:
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1 ‘‘(A) The term ‘area of employment’ means

2 the area within normal commuting distance of

3 the worksite or physical location where the work

4 of the T nonimmigrant is or will be performed.

5 If such worksite or location is within a Metro6 politan Statistical Area, any place within such

7 area is deemed to be within the area of employ8 ment.

9 ‘‘(B) In the case of an application with re10 spect to one or more T nonimmigrants by an

11 employer, the employer is considered to ‘dis12 place’ a United States worker from a job if the

13 employer lays off the worker from a job that is

14 essentially the equivalent of the job for which

15 the nonimmigrant or nonimmigrants is or are

16 sought. A job shall not be considered to be es17 sentially equivalent of another job unless it in18 volves essentially the same responsibilities, was

19 held by a United States worker with substan20 tially equivalent qualifications and experience,

21 and is located in the same area of employment

22 as the other job.

23 ‘‘(C) The term ‘T nonimmigrant’ means an

24 alien admitted or provided status as a non25 immigrant described in section 101(a)(15)(T).
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1 ‘‘(D)(i) The term ‘lays off’, with respect to

2 a worker—

3 ‘‘(I) means to cause the worker’s loss

4 of employment, other than through a dis5 charge for inadequate performance, viola6 tion of workplace rules, cause, voluntary

7 departure, voluntary retirement, or the ex8 piration of a grant or contract; but

9 ‘‘(II) does not include any situation in

10 which the worker is offered, as an alter11 native to such loss of employment, a simi12 lar employment opportunity with the same

13 employer at equivalent or higher com14 pensation and benefits than the position

15 from which the employee was discharged,

16 regardless of whether or not the employee

17 accepts the offer.

18 ‘‘(ii) Nothing in this subparagraph is in19 tended to limit an employee’s rights under a

20 collective bargaining agreement or other em21 ployment contract.

22 ‘‘(E) The term ‘United States worker’

23 means an employee who—

24 ‘‘(i) is a citizen or national of the

25 United States; or
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1 ‘‘(ii) is an alien who is lawfully admit2 ted for permanent residence, is admitted as

3 a refugee under section 1157 (8 U.S.C.

4 1157), is granted asylum under section

5 208 (8 U.S.C. 1158), or is an immigrant

6 otherwise authorized, by this Act or by the

7 Attorney General, to be employed.’’.

8 (b) CONFORMING AMENDMENT.—Section 212(p) of

9 the Immigration and Nationality Act (8 U.S.C. 1182(p))

10 is amended by striking ‘‘and (a)(5)(A)’’ and inserting ‘‘,

11 (a)(5)(A), and (o)(1)(A)(i)(II)’’.

12 SEC. 103. ESTABLISHMENT OF HIGH-TECH EDUCATION

13 FUND ACCOUNT; USE OF FEES.

14 Section 286 of the Immigration and Nationality Act

15 (8 U.S.C. 1356) is amended by adding at the end the fol16 lowing:

17 ‘‘(t) HIGH-TECH EDUCATION FUND ACCOUNT.—

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

19 general fund of the Treasury a separate account,

20 which shall be known as the ‘High-Tech Education

21 Fund Account’. Notwithstanding any other provision

22 of law, there shall be deposited as offsetting receipts

23 into the account all fees collected under section

24 214(c)(10) and all civil money penalties collected

25 under section 214(n)(7)(C).
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1 ‘‘(2) USE OF FEES FOR K–12 MATHEMATICS,

2 SCIENCE, AND TECHNOLOGY EDUCATION.—Except

3 as provided in paragraph (3), amounts deposited

4 into the High-Tech Education Fund Account shall

5 remain available to the Secretary of Commerce until

6 expended to make merit-reviewed grants for pro7 grams that provide opportunities for enrollment in

8 academic enrichment courses in mathematics,

9 science, and technology for elementary and sec10 ondary school students, as described in title II of the

11 HITEC Act.

12 ‘‘(3) USE OF FEES FOR DUTIES RELATING TO

13 PETITIONS.—3 percent of the amounts deposited

14 into the High-Tech Education Fund Account shall

15 remain available to the Attorney General until ex16 pended to carry out duties under subsections (c)(10)

17 and (n) of section 214.’’.

18 SEC. 104. EFFECTIVE DATE; SUNSET.

19 (a) EFFECTIVE DATE.—The amendments made by

20 this title shall take effect beginning with fiscal year 2000.

21 (b) SUNSET.—The amendments made by sections

22 101 and 102 shall cease to be effective on September 30,

23 2004, except with respect to any alien having non24 immigrant status pursuant to such amendments before

25 such date. In the case of such an alien, the amendments
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1 made by sections 101 and 102 shall remain in effect until

2 the date on which such nonimmigrant status otherwise

3 would expire (disregarding any potential extension of sta4 tus).

5 TITLE II—TECHNOLOGY

6 EDUCATION GRANTS

7 SEC. 201. AUTHORIZATION.

8 (a) IN GENERAL.—The Secretary of Commerce, act9 ing through the Director of the National Institute of

10 Standards and Technology, and in consultation and co11 ordination with the Secretary of Education, shall, subject

12 to the availability of appropriations, provide grants to eli13 gible entities described in subsection (b) to assist such en14 tities in improving mathematics, science, and technology

15 education in public schools.

16 (b) ELIGIBLE ENTITIES DESCRIBED.—An eligible

17 entity described in this subsection is a consortium that—

18 (1) shall consist of representatives from busi19 nesses (or nonprofit organizations that represent

20 businesses); and

21 (2) may consist of representatives from 1 or

22 more of the following:

23 (A) Local education organizations (as de24 fined in the Elementary and Secondary Edu25 cation Act of 1965).
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1 (B) State and local government.

2 (C) Education organizations.

3 (c) MAXIMUM AMOUNT OF GRANT.—The amount of

4 a grant provided to an eligible entity under subsection (a)

5 may not exceed $500,000 for any fiscal year.

6 SEC. 202. USE OF AMOUNTS.

7 (a) IN GENERAL.—The Secretary shall provide

8 grants under section 201 to an eligible entity if such entity

9 agrees to use amounts received from such grant to do one

10 or more of the following:

11 (1) Provide qualified individuals to train teach12 ers in public elementary and secondary schools how

13 to—

14 (A) use high-technology equipment;

15 (B) incorporate high-technology into the

16 curriculum (especially using technology to teach

17 core subjects, such as mathematics and

18 science); or

19 (C) use technology to plan lessons, commu20 nicate with students or parents, or more effi21 ciently complete administrative tasks.

22 (2) Provide qualified individuals to serve as

23 technology support personnel for public elementary

24 and secondary schools to help schools and school di-
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1 visions maintain and upgrade their technological ca2 pabilities.

3 (3) Provide qualified individuals to assist in the

4 instruction of mathematics, science, and technology

5 education in public secondary schools.

6 (4) Provide expertise and resources to schools

7 or school districts to further enhance both the tech8 nological infrastructure within schools and the inno9 vative instruction of mathematics, science, and tech10 nology education.

11 (b) ADDITIONAL REQUIREMENT.—In carrying out

12 the program described in subsection (a), the eligible entity

13 shall provide for development and tracking of performance

14 outcome measures for the program and the training pro15 viders involved in the program.

16 (c) ADMINISTRATIVE COSTS.—The eligible entity

17 may use not more than 5 percent of the amount of a grant

18 to pay for administrative costs associated with the pro19 gram described in subsection (a).

20 (d) SPECIAL CONSIDERATION FOR GRANTS.—The

21 Secretary shall give preferential consideration to eligible

22 entities that include more than one of the criteria set out

23 in subsection (a).
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1 SEC. 203. REQUIREMENT OF MATCHING FUNDS.

2 (a) IN GENERAL.—The Secretary may not provide a

3 grant under section 201 to an eligible entity unless such

4 entity agrees that—

5 (1) the entity will make available non-Federal

6 contributions toward the costs of carrying out activi7 ties under section 202 in an amount that is not less

8 than $2 for each $1 of Federal funds provided under

9 a grant under section 201; and

10 (2) of such non-Federal contributions, not less

11 than $1 of each such $2 shall be from businesses

12 with representatives serving on the eligible entity.

13 (b) EXCEPTION.—For eligible entities formed to as14 sist rural schools, Bureau of Indian Affairs schools, and

15 schools whose student population is comprised of at least

16 50 percent of students eligible for services under title I

17 of the Elementary and Secondary Education Act of 1965,

18 the entity shall comply with the requirements of subsection

19 (a), except that the Federal contribution shall be $2 for

20 every $2 contributed by the eligible entity.

21 (c) STATUTORY CONSTRUCTION.—Nothing in this

22 title prohibits business representatives of eligible entities

23 from contributing more resources than are required by

24 subsection (a).
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1 SEC. 204. LIMIT ON ADMINISTRATIVE EXPENSES.

2 The Secretary of Commerce may use not more than

3 5 percent of the funds made available to carry out this

4 title to pay for Federal administrative costs associated

5 with making grants under this title.

6 SEC. 205. HITEC GOLD MEDAL.

7 (a) AWARD ESTABLISHED.—

8 (1) IN GENERAL.—The Secretary of Commerce

9 shall carry out a program that recognizes businesses

10 (or nonprofit organizations that represent busi11 nesses) that have demonstrated extraordinary com12 mitment to improving and enhancing the quality of

13 mathematics, science, and technology education by

14 partnering with public elementary and secondary

15 schools.

16 (2) HITEC GOLD MEDAL.—Each business (or

17 nonprofit organization) recognized under paragraph

18 (1) shall be awarded a ‘‘HITEC Gold Medal’’. The

19 medal shall be of such design and materials and

20 bear such inscriptions as the Secretary may pre21 scribe.

22 (b) LIMITATIONS.—

23 (1) AWARDS.—The Secretary shall not make

24 more than 15 awards under this section for any fis25 cal year.
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1 (2) ELIGIBILITY.—Any recipient of the award

2 shall be ineligible to receive a second or subsequent

3 award for a period of 3 years.

4 (c) APPLICATIONS.—

5 (1) IN GENERAL.—Each business desiring rec6 ognition under subsection (a)(1) shall submit to the

7 Secretary of Commerce an application at such time,

8 in such manner, and accompanied by such informa9 tion as the Secretary may reasonably require.

10 (2) CRITERIA FOR CONSIDERATION.—The Sec11 retary of Commerce shall, when making award de12 terminations, consider the extent to which the

13 applicant—

14 (A) has engaged in innovative partnerships

15 with schools to support the activities described

16 in section 202(a);

17 (B) has helped improve the technological

18 skills of teachers, students, and administrators;

19 and

20 (C) has helped enhance the technological

21 capabilities of school facilities.

22 (3) OTHER CRITERIA.—Other appropriate cri23 teria may also be considered, at the discretion of the

24 Secretary of Commerce, if the criteria are consistent
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1 with the purpose of this medal, as described in sub2 section (a)(1).

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $250,000 for each of the fiscal years 2000 through 2004.

Æ