IB
Union Calendar No. 352
106TH CONGRESS
2D SESSION
H. R. 4402
[Report No. 106–642]
To amend the American Competitiveness and Workforce Improvement Act
of 1998 to improve the use of amounts deposited into the H–1B Non-
immigrant Petitioner Account for demonstration programs and projects
to provide technical skills training for occupations for which there is
a high demand for skilled workers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 2000
Mr. GOODLING introduced the following bill; which was referred to the
Committee on Education and the Workforce
MAY 25, 2000
Additional sponsors: Mr. MCKEON, Mr. BOEHNER, Mr. FLETCHER, Mr.
ISAKSON, Mr. BALLENGER, Mr. GREENWOOD, Mr. NORWOOD, and Mr.
SMITH of Texas
MAY 25, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 10, 2000]
A BILL
To amend the American Competitiveness and Workforce Im-
provement Act of 1998 to improve the use of amounts
deposited into the H–1B Nonimmigrant Petitioner Ac-
count for demonstration programs and projects to pro-
vide technical skills training for occupations for which
there is a high demand for skilled workers, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Training and Education
for American Workers Act of 2000’’.
SEC. 2. USE OF H–1B NONIMMIGRANT PETITIONER FEES.
Section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916 note)
is amended to read as follows:
‘‘(c) DEMONSTRATION PROGRAMS AND PROJECTS TO
PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS;
LOAN FORGIVENESS
FOR MATHEMATICS, SCIENCE, AND
READING TEACHERS.—
‘‘(1) TECHNICAL SKILLS TRAINING FOR WORK-
ERS.—
‘‘(A) IN GENERAL.—The Secretary of Labor
shall use 75 percent of the funds made available
under section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) to estab-
lish demonstration programs or projects to pro-
vide technical skills training for employed and
unemployed workers for any skill shortage re-
lated to a specialty occupation (as defined in
section 214(i)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(i)(1)).
‘‘(B) GRANTS.—The Secretary of Labor
shall award grants to carry out programs or
projects described in subparagraph (A) to—
‘‘(i) local workforce investment boards
established under section 117 of the Work-
force Investment Act of 1998 (29 U.S.C.
2832);
‘‘(ii) regional consortia of local boards
described in clause (i); or
‘‘(iii) in conjunction with, and with
the active participation of, local boards de-
scribed in clause (i), consortia (which may
be local, regional, or multistate consortia)—
‘‘(I) a majority of whose members
are a business or represent a business;
and
‘‘(II) whose membership may in-
clude representatives of State and local
governments, community-based organi-
zations (as defined in section 101 of
the Workforce Investment Act of 1998
(29 U.S.C. 2801)), educational institu-
tions, and labor organizations (for a
local area, as defined in such section
101, in which employees are rep-
resented by labor organizations), nomi-
nated by local labor federations, or (for
a local area, as so defined, in which no
employees are represented by such or-
ganizations), other representatives of
employees.
‘‘(C) PRIORITY
PROJECTS.—In awarding
grants under subparagraph (B), the Secretary of
Labor shall give priority to programs or projects
that train employed and unemployed workers in
skills that are in shortage in the high technology,
information technology, and biotechnology fields,
including software and communications services,
telecommunications, systems installation and in-
tegration, computers and communications hard-
ware, health care technology, biotechnology, and
biomedical research, manufacturing, and innova-
tion services.
‘‘(D) 
GRANT
APPLICATION
REQUIRE-
MENTS.—An application for a grant under this
paragraph shall include—
‘‘(i) specific goals for each program or
project for which funds are sought, includ-
ing targets for measurable increases in skill
gains for those individuals being trained
under the program or project; and
‘‘(ii) an agreement that the program or
project shall be subject to evaluations by the
Secretary of Labor to measure its effective-
ness.
‘‘(E) MATCHING FUNDS.—Each grantee re-
ceiving funds under this paragraph shall dem-
onstrate the manner by which the grantee will
provide matching resources (in the form of cash,
in-kind contributions, or both) equal to at least
25 percent of the total grant amount awarded.
‘‘(F) TARGET POPULATION.—Each grantee
receiving funds under this paragraph shall make
efforts actively to recruit and train individuals
who traditionally are underrepresented in infor-
mation technology occupations, such as minori-
ties, women, low-wage workers, workers residing
in empowerment zones and enterprise commu-
nities (as defined in section 1393(b) of the Inter-
nal Revenue Code of 1986), and individuals with
a disability.
‘‘(2) LOAN
FORGIVENESS
FOR
MATHEMATICS,
SCIENCE, AND READING TEACHERS.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of law, the Secretary of Labor
shall transfer to the Secretary of Education 25
percent of the funds made available to the Sec-
retary of Labor under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C.
1356(s)(2)).
‘‘(B) USE
OF
FUNDS.—The Secretary of
Education shall use funds made available under
subparagraph (A) to carry out section 3 of the
Training and Education for American Workers
Act of 2000.’’.
SEC. 3. LOAN FORGIVENESS PROGRAM FOR MATHEMATICS,
SCIENCE, AND READING TEACHERS.
(a) PROGRAM.—
(1) IN GENERAL.—The Secretary of Education
(in this section referred to as the ‘‘Secretary’’) shall
carry out a program of assuming the obligation to
repay, pursuant to subsection (c), a loan made, in-
sured, or guaranteed under part B of title IV of the
Higher Education Act of 1965 or part D of such title
(excluding loans made under sections 428B and 428C
of such Act or comparable loans made under part D
of such title) for any new borrower after October 1,
1998, who—
(A) has been employed, for 3 consecutive
complete school years, as—
(i) a full-time teacher of mathematics,
science, or a related field; or
(ii) a full-time teacher responsible for
providing reading instruction in any of
grades kindergarten through 3d grade;
(B) satisfies the requirements of subsection
(d); and
(C) is not in default on a loan for which the
borrower seeks forgiveness.
(2) AWARD BASIS; PRIORITY.—
(A) AWARD
BASIS.—Subject to subpara-
graph (B), loan repayment under this section
shall be on a first-come, first-serve basis and sub-
ject to the availability of appropriations.
(B) PRIORITY.—The Secretary shall give
priority in providing loan repayment under this
section for a fiscal year to student borrowers who
received loan repayment under this section for
the preceding fiscal year.
(3) REGULATIONS.—The Secretary is authorized
to prescribe such regulations as may be necessary to
carry out the provisions of this section.
(b) LOAN REPAYMENT.—
(1) ELIGIBLE AMOUNT.—The amount the Sec-
retary may repay on behalf of any individual under
this section shall not exceed—
(A) the sum of the principal amounts out-
standing (not to exceed $3,000) of the individ-
ual’s qualifying loans at the end of 3 consecutive
complete school years of service described in sub-
section (a)(1)(A);
(B) an additional portion of such sum (not
to exceed $1,000) at the end of each of the next
2 consecutive complete school years of such serv-
ice; and
(C) a total of not more than $5,000.
(2) CONSTRUCTION.—Nothing in this section
shall be construed to authorize the refunding of any
repayment of a loan made under part B or D of title
IV of the Higher Education Act of 1965.
(3) INTEREST.—If a portion of a loan is repaid
by the Secretary under this section for any year, the
proportionate amount of interest on such loan which
accrues for such year shall be repaid by the Secretary.
(c) REPAYMENT TO ELIGIBLE LENDERS.—The Sec-
retary shall pay to each eligible lender or holder for each
fiscal year an amount equal to the aggregate amount of
loans which are subject to repayment pursuant to this sec-
tion for such year.
(d) APPLICATION FOR REPAYMENT.—
(1) IN GENERAL.—Each eligible individual de-
siring loan repayment under this section shall submit
a complete and accurate application to the Secretary
at such time, in such manner, and containing such
information as the Secretary may require.
(2) CONDITIONS.—
(A) YEARS OF SERVICE.—An eligible indi-
vidual may apply for loan repayment under this
section after completing the required number of
years of qualifying employment.
(B) FULLY QUALIFIED TEACHERS IN PUB-
LIC ELEMENTARY OR SECONDARY SCHOOLS.—An
application for loan repayment under this sec-
tion shall include such information as is nec-
essary to demonstrate that the applicant—
(i) if teaching in a public elementary,
middle, or secondary school (other than as
a teacher in a public charter school), has
obtained State certification as a teacher
(including certification obtained through al-
ternative routes to certification) or passed
the State teacher licensing exam and holds
a license to teach in such State; and
(ii) if teaching in—
(I) a public elementary school,
holds a bachelor’s degree and dem-
onstrates knowledge and teaching skills
in 
reading, 
writing, 
mathematics,
science, and other areas of the elemen-
tary school curriculum; or
(II) a public middle or secondary
school, holds a bachelor’s degree and
demonstrates a high level of com-
petency in all subject areas in which he
or she teaches through—
(aa) a high level of perform-
ance on a rigorous State or local
academic subject areas test; or
(bb) completion of an aca-
demic major in each of the subject
areas in which he or she provides
instruction.
(C) TEACHERS IN NONPROFIT PRIVATE ELE-
MENTARY OR SECONDARY SCHOOLS OR CHARTER
SCHOOLS.—In the case of an applicant who is
teaching in a nonprofit private elementary or
secondary school, or in a charter school, an ap-
plication for loan repayment under this section
shall include such information as is necessary to
demonstrate that the applicant has knowledge
and teaching skills in reading, writing, and
mathematics, as certified by the chief adminis-
trative officer of the school.
(e) TREATMENT OF CONSOLIDATION LOANS.—A loan
amount for a consolidation loan made under section 428C
of the Higher Education Act of 1965, or a Federal Direct
Consolidation Loan made under part D of title IV of such
Act, may be a qualified loan amount for the purpose of this
section only to the extent that such loan amount was used
by a borrower who otherwise meets the requirements of this
section to repay—
(1) a loan made under section 428 or 428H of
such Act; or
(2) a Federal Direct Stafford Loan, or a Federal
Direct Unsubsidized Stafford Loan, made under part
D of title IV of such Act.
(f) FUNDS FOR PROGRAM.—The Secretary shall carry
out this section with funds made available under section
414(c)(2) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916 note).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall
take effect on October 1, 2000.
Union Calendar No. 352
106TH CONGRESS
2D SESSION
H. R. 4402
[Report No. 106–642]
A BILL
To amend the American Competitiveness and
Workforce Improvement Act of 1998 to improve
the use of amounts deposited into the H–1B
Nonimmigrant Petitioner Account for demonstra-
tion programs and projects to provide technical
skills training for occupations for which there is
a high demand for skilled workers, and for other
purposes.
MAY 25, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed