II

106TH CONGRESS

1ST SESSION S. 1440

To promote economic growth and opportunity by increasing the level of

visas available for highly specialized scientists and engineers and by

eliminating the earnings penalty on senior citizens who continue to work

after reaching retirement age.

IN THE SENATE OF THE UNITED STATES

JULY 27, 1999

Mr. GRAMM (for himself, Mr. LOTT, and Mr. MCCONNELL) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To promote economic growth and opportunity by increasing

the level of visas available for highly specialized scientists

and engineers and by eliminating the earnings penalty

on senior citizens who continue to work after reaching

retirement age.

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 ‘‘New Workers for Eco5 nomic Growth Act’’.
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1 TITLE I—H–1B NONIMMIGRANT

2 WORKERS

3 SEC. 101. AUTHORIZED ADMISSIONS OF H–1B WORKERS.

4 (a) ANNUAL LIMITATIONS.—Section 214(g)(1)(A) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1184(g)(1)(A), is amended by striking clauses (iii)

7 through (v) and inserting the following:

8 ‘‘(iii) with respect to all such aliens

9 other than aliens described in paragraph

10 (5)—

11 ‘‘(I) 200,000 for each of the fis12 cal years 2000, 2001, and 2002; and

13 ‘‘(II) 65,000 for each succeeding

14 fiscal year.’’.

15 (b) EXEMPTION FROM ANNUAL LIMITATION.—Sec16 tion 214(g) of the Immigration and Nationality Act (8

17 U.S.C. 1184(g)), is amended by adding at the end the fol18 lowing new paragraph:

19 ‘‘(5) The numerical limitations contained in para20 graph (1)(A)(iii) shall not apply to any nonimmigrant

21 alien admitted under section 101(a)(15(H)(i)(b) who—

22 ‘‘(A) has attained a master’s degree or higher

23 degree (or its equivalent) in a specialty related to

24 the intended employment and receives wages (includ-
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1 ing cash bonuses and similar compensation) at an

2 annual rate equal to at least $60,000; or

3 ‘‘(B) has attained a bachelor’s degree or higher

4 degree (or its equivalent) and is employed (or has

5 received an offer of employment) at an institution of

6 higher education (as defined in section 101(a) of the

7 Higher Education Act of 1965 (20 U.S.C.

8 1001(a))).’’.

9 (c) EXEMPTION FROM ATTESTATION REQUIRE10 MENTS.—Section 212(n)(3)(B) of the Immigration and

11 Nationality Act (8 U.S.C. 1182(n)(3)(B)) is amended by

12 adding the following:

13 ‘‘(III) has attained a bachelor’s

14 degree or higher degree (or its equiva15 lent) and is employed (or has received

16 an offer of employment) at an institu17 tion of higher education (as defined in

18 section 101(a) of the Higher Edu19 cation Act of 1965 (20 U.S.C.

20 1001(a))).’’.
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1 TITLE II—ELIMINATION OF

2 EARNINGS PENALTY ON SEN3 IOR CITIZENS

4 SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR

5 CITIZENS WHO CONTINUE TO WORK AFTER

6 REACHING RETIREMENT AGE.

7 (a) IN GENERAL.—Section 203 of the Social Security

8 Act (42 U.S.C. 403) is amended—

9 (1) in subsection (c)(1), by striking ‘‘the age of

10 seventy’’ and inserting ‘‘retirement age (as defined

11 in section 216(l))’’;

12 (2) in paragraphs (1)(A) and (2) of subsection

13 (d), by striking ‘‘the age of seventy’’ each place it

14 appears and inserting ‘‘retirement age (as defined in

15 section 216(l))’’;

16 (3) in subsection (f)(1)(B), by striking ‘‘was

17 age seventy or over’’ and inserting ‘‘was at or above

18 retirement age (as defined in section 216(l))’’;

19 (4) in subsection (f)(3)—

(A) by striking ‘‘331 20 ⁄3 percent’’ and all

21 that follows through ‘‘any other individual,’’

22 and inserting ‘‘50 percent of such individual’s

23 earnings for such year in excess of the product

24 of the exempt amount as determined under

25 paragraph (8),’’; and
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1 (B) by striking ‘‘age 70’’ and inserting

2 ‘‘retirement age (as defined in section 216(l))’’;

3 (5) in subsection (h)(1)(A), by striking ‘‘age

4 70’’ each place it appears and inserting ‘‘retirement

5 age (as defined in section 216(l))’’; and

6 (6) in subsection (j)—

7 (A) in the heading, by striking ‘‘Age Sev8 enty’’ and inserting ‘‘Retirement Age’’; and

9 (B) by striking ‘‘seventy years of age’’ and

10 inserting ‘‘having attained retirement age (as

11 defined in section 216(l))’’.

12 (b) CONFORMING AMENDMENTS ELIMINATING THE

13 SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS WHO HAVE

14 ATTAINED RETIREMENT AGE.—

15 (1) UNIFORM EXEMPT AMOUNT.—Section

16 203(f)(8)(A) of the Social Security Act (42 U.S.C.

17 403(f)(8)(A)) is amended by striking ‘‘the new ex18 empt amounts (separately stated for individuals de19 scribed in subparagraph (D) and for other individ20 uals) which are to be applicable’’ and inserting ‘‘a

21 new exempt amount which shall be applicable’’.

22 (2) CONFORMING AMENDMENTS.—Section

23 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B))

24 is amended—
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1 (A) in the matter preceding clause (i), by

2 striking ‘‘Except’’ and all that follows through

3 ‘‘whichever’’ and inserting ‘‘The exempt amount

4 which is applicable for each month of a par5 ticular taxable year shall be whichever’’;

6 (B) in clauses (i) and (ii), by striking ‘‘cor7 responding’’ each place it appears; and

8 (C) in the last sentence, by striking ‘‘an

9 exempt amount’’ and inserting ‘‘the exempt

10 amount’’.

11 (3) REPEAL OF BASIS FOR COMPUTATION OF

12 SPECIAL EXEMPT AMOUNT.—Section 203(f)(8)(D) of

13 such Act (42 U.S.C. 403(f)(8)(D)) is repealed.

14 (c) ADDITIONAL CONFORMING AMENDMENTS.—

15 (1) ELIMINATION OF REDUNDANT REFERENCES

16 TO RETIREMENT AGE.—Section 203 of the Social

17 Security Act (42 U.S.C. 403) is amended—

18 (A) in subsection (c), in the last sentence,

19 by striking ‘‘nor shall any deduction’’ and all

20 that follows and inserting ‘‘nor shall any deduc21 tion be made under this subsection from any

22 widow’s or widower’s insurance benefit if the

23 widow, surviving divorced wife, widower, or sur24 viving divorced husband involved became enti-
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1 tled to such benefit prior to attaining age 60.’’;

2 and

3 (B) in subsection (f)(1), by striking sub4 paragraph (D) and inserting the following: ‘‘(D)

5 for which such individual is entitled to widow’s

6 or widower’s insurance benefits if such indi7 vidual became so entitled prior to attaining age

8 60,’’.

9 (2) CONFORMING AMENDMENT TO PROVISIONS

10 FOR DETERMINING AMOUNT OF INCREASE ON AC11 COUNT OF DELAYED RETIREMENT.—Section

12 202(w)(2)(B)(ii) of such Act (42 U.S.C.

13 402(w)(2)(B)(ii)) is amended—

14 (A) by striking ‘‘either’’; and

15 (B) by striking ‘‘or suffered deductions

16 under section 203(b) or 203(c) in amounts

17 equal to the amount of such benefit’’.

18 (3) PROVISIONS RELATING TO EARNINGS

19 TAKEN INTO ACCOUNT IN DETERMINING SUBSTAN20 TIAL GAINFUL ACTIVITY OF BLIND INDIVIDUALS.—

21 The second sentence of section 223(d)(4) of such

22 Act (42 U.S.C. 423(d)(4)) is amended by striking

23 ‘‘if section 102 of the Senior Citizens’ Right to

24 Work Act of 1996 had not been enacted’’ and insert25 ing the following: ‘‘if the amendments to section 203
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1 made by section 102 of the Senior Citizens’ Right to

2 Work Act of 1996 and by the llllllll

3 Act of 1999 had not been enacted’’.

4 (d) EFFECTIVE DATE.—The amendments and re5 peals made by this section shall apply with respect to tax6 able years beginning after December 31, 1999.

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