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titioner Account shall remain available to the Direc-
tor of the National Science Foundation until ex-
pended for scholarships described in the American 
Competitiveness Scholarship Act of 2007 for students 
enrolled in a program of study leading to a degree in 
mathematics, engineering, health care, or computer 
science. 
‘‘(x) GIFTED AND TALENTED STUDENTS EDUCATION 
ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Gifted and Talented 
Students Education Account’. There shall be deposited 
as offsetting receipts into the account 14.25 percent of 
the fees collected under section 214(c)(15)(B). 
‘‘(2) USE OF FEES.—Amounts deposited into the 
account established under paragraph (1) shall remain 
available to the Secretary of Education until ex-
pended for programs and projects authorized under 
the Jacob K. Javits Gifted and Talented Students 
Education Act of 2001 (20 U.S.C. 7253 et seq.).’’. 
(h) 
SUPPLEMENTAL
AND
DEFICIT
REDUCTION 
FEES.—Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)) is amended by adding at the end 
the following: 
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‘‘(15)(A) Except as provided under subpara-
graph (D), if the Attorney General, the Secretary of 
Homeland Security, or the Secretary of State is re-
quired to impose a fee pursuant to paragraph (9) or 
(11), the Attorney General, the Secretary of Home-
land Security, or the Secretary of State, as appro-
priate, shall impose a supplemental fee and a deficit 
reduction fee on the employer in addition to any 
other fee required by such paragraph or any other 
provision of law, in the amounts determined under 
subparagraph (B). 
‘‘(B) The amount of the supplemental fee shall be 
$3,500, except that the fee shall be 1⁄2 that amount for 
any employer with not more than 25 full-time equiva-
lent employees who are employed in the United States 
(determined by including any affiliate or subsidiary 
of such employer). 
‘‘(C) Of the amounts collected under subpara-
graph (B)— 
‘‘(i) 85.75 percent shall be deposited in the 
Treasury in accordance with section 286(w); and 
‘‘(ii) 14.25 percent shall be deposited in the 
Treasury in accordance with section 286(x). 
‘‘(D) Public hospitals, which are owned and op-
erated by a State or a political subdivision of a State 
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shall not be subject to the supplemental fees imposed 
under this paragraph.’’. 
SEC. 533. Section 106(d) of the American Competitive-
ness in the Twenty-first Century Act of 2000 (Public Law 
106–313; 8 U.S.C. 1153 note) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘1996, 1997,’’ after ‘‘avail-
able in fiscal year’’; and 
(B) by inserting ‘‘group I,’’ after ‘‘schedule 
A,’’; 
(2) in paragraph (2)(A), by inserting ‘‘1996, 
1997, and’’ after ‘‘available in fiscal years’’; and 
(3) by adding at the end the following: 
‘‘(4) PETITIONS.—The Secretary of Homeland 
Security shall provide a process for reviewing and 
acting upon petitions with respect to immigrants de-
scribed in schedule A not later than 30 days after the 
date on which a completed petition has been filed.’’. 
SEC. 534. (a) FEE FOR RECAPTURE OF UNUSED EM-
PLOYMENT-BASED IMMIGRANT VISAS.—Section 106(d) of 
the American Competitiveness in the Twenty-first Century 
Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 note), as 
amended by section 521, is further amended by adding at 
the end the following: 
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‘‘(5) FEE FOR RECAPTURE OF UNUSED EMPLOY-
MENT-BASED IMMIGRANT VISAS.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall impose a fee upon each peti-
tioning employer who uses a visa recaptured 
from fiscal years 1996 and 1997 under this sub-
section to provide employment for an alien as a 
professional nurse, provided that— 
‘‘(i) such fee shall be in the amount of 
$1,500 for each such alien nurse (but not 
for dependents accompanying or following 
to join who are not professional nurses); 
and 
‘‘(ii) no fee shall be imposed for the use 
of such visas if the employer demonstrates 
to the Secretary that— 
‘‘(I) the employer is a health care 
facility that is located in a county or 
parish that received individual and 
public assistance pursuant to Major 
Disaster Declaration number 1603 or 
1607; or 
‘‘(II) the employer is a health care 
facility that has been designated as a 
Health Professional Shortage Area fa-
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cility by the Secretary of Health and 
Human Services as defined in section 
332 of the Public Health Service Act 
(42 U.S.C. 254e). 
‘‘(B) FEE COLLECTION.—A fee imposed by 
the Secretary of Homeland Security pursuant to 
this paragraph shall be collected by the Secretary 
as a condition of approval of an application for 
adjustment of status by the beneficiary of a peti-
tion or by the Secretary of State as a condition 
of issuance of a visa to such beneficiary.’’. 
(b) CAPITATION GRANTS TO INCREASE THE NUMBER 
OF NURSING FACULTY AND STUDENTS; DOMESTIC NURSING 
ENHANCEMENT ACCOUNT.—Part D of title VIII of the Pub-
lic Health Service Act (42 U.S.C. 296p et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 832. CAPITATION GRANTS. 
‘‘(a) IN GENERAL.—For the purpose described in sub-
section (b), the Secretary, acting through the Health Re-
sources and Services Administration, shall award a grant 
each fiscal year in an amount determined in accordance 
with subsection (c) to each eligible school of nursing that 
submits an application in accordance with this section. 
‘‘(b) PURPOSE.—A funding agreement for a grant 
under this section is that the eligible school of nursing in-
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volved will expend the grant to increase the number of nurs-
ing faculty and students at the school, including by hiring 
new faculty, retaining current faculty, purchasing edu-
cational equipment and audiovisual laboratories, enhanc-
ing clinical laboratories, repairing and expanding infra-
structure, or recruiting students. 
‘‘(c) GRANT COMPUTATION.— 
‘‘(1) AMOUNT PER STUDENT.—Subject to para-
graph (2), the amount of a grant to an eligible school 
of nursing under this section for a fiscal year shall 
be the total of the following: 
‘‘(A) $1,800 for each full-time or part-time 
student who is enrolled at the school in a grad-
uate program in nursing that— 
‘‘(i) leads to a master’s degree, a doc-
toral degree, or an equivalent degree; and 
‘‘(ii) prepares individuals to serve as 
faculty through additional course work in 
education and ensuring competency in an 
advanced practice area. 
‘‘(B) $1,405 for each full-time or part-time 
student who— 
‘‘(i) is enrolled at the school in a pro-
gram in nursing leading to a bachelor of 
science degree, a bachelor of nursing degree, 
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a graduate degree in nursing if such pro-
gram does not meet the requirements of sub-
paragraph (A), or an equivalent degree; and 
‘‘(ii) has not more than 3 years of aca-
demic credits remaining in the program. 
‘‘(C) $966 for each full-time or part-time 
student who is enrolled at the school in a pro-
gram in nursing leading to an associate degree 
in nursing or an equivalent degree. 
‘‘(2) LIMITATION.—In calculating the amount of 
a grant to a school under paragraph (1), the Sec-
retary may not make a payment with respect to a 
particular student— 
‘‘(A) for more than 2 fiscal years in the case 
of a student described in paragraph (1)(A) who 
is enrolled in a graduate program in nursing 
leading to a master’s degree or an equivalent de-
gree; 
‘‘(B) for more than 4 fiscal years in the 
case of a student described in paragraph (1)(A) 
who is enrolled in a graduate program in nurs-
ing leading to a doctoral degree or an equivalent 
degree; 
‘‘(C) for more than 3 fiscal years in the case 
of a student described in paragraph (1)(B); or 
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‘‘(D) for more than 2 fiscal years in the 
case of a student described in paragraph (1)(C). 
‘‘(d) ELIGIBILITY.—In this section, the term ‘eligible 
school of nursing’ means a school of nursing that— 
‘‘(1) is accredited by a nursing accrediting agen-
cy recognized by the Secretary of Education; 
‘‘(2) has a passage rate on the National Council 
Licensure Examination for Registered Nurses of not 
less than 80 percent for each of the 3 academic years 
preceding submission of the grant application; and 
‘‘(3) has a graduation rate (based on the number 
of students in a class who graduate relative to, for a 
baccalaureate program, the number of students who 
were enrolled in the class at the beginning of junior 
year or, for an associate degree program, the number 
of students who were enrolled in the class at the end 
of the first year) of not less than 80 percent for each 
of the 3 academic years preceding submission of the 
grant application. 
‘‘(e) REQUIREMENTS.—The Secretary may award a 
grant under this section to an eligible school of nursing only 
if the school gives assurances satisfactory to the Secretary 
that, for each academic year for which the grant is awarded, 
the school will comply with the following: 
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‘‘(1) The school will maintain a passage rate on 
the National Council Licensure Examination for Reg-
istered Nurses of not less than 80 percent. 
‘‘(2) The school will maintain a graduation rate 
(as described in subsection (d)(3)) of not less than 80 
percent. 
‘‘(3)(A) Subject to subparagraphs (B) and (C), 
the first-year enrollment of full-time nursing students 
in the school will exceed such enrollment for the pre-
ceding academic year by 5 percent or 5 students, 
whichever is greater. 
‘‘(B) Subparagraph (A) shall not apply to the 
first academic year for which a school receives a 
grant under this section. 
‘‘(C) With respect to any academic year, the Sec-
retary may waive application of subparagraph (A) 
if— 
‘‘(i) the physical facilities at the school in-
volved limit the school from enrolling additional 
students; or 
‘‘(ii) the school has increased enrollment in 
the school (as described in subparagraph (A)) for 
each of the 2 preceding academic years. 
‘‘(4) Not later than 1 year after receiving a 
grant under this section, the school will formulate and 
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implement a plan to accomplish at least 2 of the fol-
lowing: 
‘‘(A) Establishing or significantly expand-
ing an accelerated baccalaureate degree nursing 
program designed to graduate new nurses in 12 
to 18 months. 
‘‘(B) 
Establishing 
cooperative 
intradisciplinary education among schools of 
nursing with a view toward shared use of techno-
logical resources, including information tech-
nology. 
‘‘(C) Establishing cooperative interdiscipli-
nary training between schools of nursing and 
schools of allied health, medicine, dentistry, oste-
opathy, optometry, podiatry, pharmacy, public 
health, or veterinary medicine, including train-
ing for the use of the interdisciplinary team ap-
proach to the delivery of health services. 
‘‘(D) Integrating core competencies on evi-
dence-based practice, quality improvements, and 
patient-centered care. 
‘‘(E) Increasing admissions, enrollment, 
and retention of qualified individuals who are fi-
nancially disadvantaged. 
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‘‘(F) Increasing enrollment of minority and 
diverse student populations. 
‘‘(G) Increasing enrollment of new graduate 
baccalaureate nursing students in graduate pro-
grams that educate nurse faculty members. 
‘‘(H) Developing post-baccalaureate resi-
dency programs to prepare nurses for practice in 
specialty areas where nursing shortages are most 
severe. 
‘‘(I) Increasing integration of geriatric con-
tent into the core curriculum. 
‘‘(J) Partnering with economically dis-
advantaged communities to provide nursing edu-
cation. 
‘‘(K) Expanding the ability of nurse man-
aged health centers to provide clinical education 
training sites to nursing students. 
‘‘(5) The school will submit an annual report to 
the Secretary that includes updated information on 
the school with respect to student enrollment, student 
retention, graduation rates, passage rates on the Na-
tional Council Licensure Examination for Registered 
Nurses, the number of graduates employed as nursing 
faculty or nursing care providers within 12 months 
of graduation, and the number of students who are 
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accepted into graduate programs for further nursing 
education. 
‘‘(6) The school will allow the Secretary to make 
on-site inspections, and will comply with the Sec-
retary’s requests for information, to determine the ex-
tent to which the school is complying with the re-
quirements of this section. 
‘‘(f) REPORTS TO CONGRESS.—The Secretary shall 
evaluate the results of grants under this section and submit 
to Congress— 
‘‘(1) not later than 18 months after the date of 
the enactment of this section, an interim report on 
such results; and 
‘‘(2) not later than September 30, 2010, a final 
report on such results. 
‘‘(g) APPLICATION.—An eligible school of nursing seek-
ing a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the amounts in the Domestic Nursing Enhancement 
Account, established under section 833, there are authorized 
to be appropriated such sums as may be necessary to carry 
out this section. 
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