Home > 106th Congressional Bills > H.R. 5626 (ih) To amend the Federal Power Act to provide additional authority to the Federal Energy Regulatory Commission to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates and charges for electricity, and for other purp...H.R. 5626 (ih) To amend the Federal Power Act to provide additional authority to the Federal Energy Regulatory Commission to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates and charges for electricity, and for other purp...
106th CONGRESS
2d Session
H. R. 5625
To amend the Immigration and Nationality Act to establish a pilot
program under which an alien may be provided H-1B nonimmigrant status
without regard to the numerical limitation applicable to that
nonimmigrant category if the United States employer seeking the alien's
entry makes a qualifying scholarship contribution to an institution of
higher education in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2000
Mr. Cox (for himself and Mr. Wu) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish a pilot
program under which an alien may be provided H-1B nonimmigrant status
without regard to the numerical limitation applicable to that
nonimmigrant category if the United States employer seeking the alien's
entry makes a qualifying scholarship contribution to an institution of
higher education in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF ``TECH SMART'' PILOT PROGRAM.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 218 (8 U.S.C. 1188) the following:
```tech smart' pilot program
``Sec. 218A. (a) Establishment of Pilot Program.--The Attorney
General shall establish a pilot program (in this section referred to as
the `Tech Smart pilot program') under which 65,000 aliens may be issued
a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) in each of fiscal years 2001 through 2003 without
regard to the numerical limitations under section 214(g)(1)(A).
``(b) Employer Request To Participate.--An employer may, concurrent
with or subsequent to filing a petition under section 214(c) initially
to grant an alien nonimmigrant status under section
101(a)(15)(H)(i)(b), file a request for the Attorney General to
consider the petition under the Tech Smart pilot program.
``(c) Employer Contribution to Workforce Development.--
``(1) In general.--As a condition of approval of the
petition, an employer filing a request to participate in the
Tech Smart pilot program shall agree to make an annual
scholarship contribution to an institution of higher education
in the United States selected by the employer.
``(2) Annual contribution.--A scholarship contribution
under paragraph (1) shall be made for the fiscal year in which
the employer receives notice of approval of the employer's
petition under section 214(c) initially to grant an alien
nonimmigrant status under section 101(a)(15)(H)(i)(b) and for
each subsequent fiscal year for which the alien who is the
subject of the petition is an H-1B nonimmigrant. The maximum
number of annual scholarship contributions that shall be due
with respect to any single alien is 6.
``(3) Amount.--The amount of the annual scholarship
contribution shall be equal to the maximum Pell Grant
authorized under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C 1070a et seq.) for the fiscal
year in which the contribution is due.
``(4) Initial contribution.--The initial annual scholarship
contribution shall be made to the institution of higher
education not later than 15 days after the date on which the
employer receives notice of approval of the employer's petition
under section 214(c) to grant an alien nonimmigrant status
under section 101(a)(15)(H)(i)(b).
``(5) Subsequent contributions.--
``(A) In general.--Subsequent annual scholarship
contributions shall be made to the institution of
higher education not later than the anniversary of the
deadline described in paragraph (4).
``(B) Assumption of obligation by subsequent
employers.--Any employer petitioning to obtain
authorization for the alien to change employers shall
agree, as a condition of obtaining approval of such
petition, to assume the obligation to make these
scholarship contributions until the final contribution
has been received by the institution of higher
education, the obligation has been assumed by another
employer, or the H-1B nonimmigrant status of the alien
terminates, whichever occurs first.
``(6) Verification of receipt.--Not later than 15 days
after receipt of any scholarship contribution under this
section, an institution of higher education shall certify such
receipt to the Attorney General.
``(d) Scholarships To Build a Tech Smart Workforce.--An institution
of higher education shall use contributions received under the Tech
Smart pilot program to provide scholarships to United States citizens
or aliens lawfully admitted for permanent residence. Scholarship
contributions may be provided to students enrolled full-time in
programs for undergraduate or postgraduate study at that institution.
An employer making a scholarship contribution may specify that the
contribution be dedicated for scholarships for a student or students
employed by the employer, or for students enrolled in a particular
degree program or course of study.
``(e) Expedited Visa Processing.--In the case of an employer filing
a request for the Attorney General to consider a petition to grant an
alien nonimmigrant status under the Tech Smart pilot program, the
Attorney General shall approve or deny the petition not later than 30
days after the date of such filing.
``(f) Enforcement of Contribution Obligations.--If the Attorney
General finds, after notice and opportunity for a hearing, that an
employer has failed timely to make a scholarship contribution under
this section that the employer is required to make, the Attorney
General--
``(1) may impose a civil monetary penalty of not more than
3 times the amount of the delinquent contribution for each such
violation;
``(2) may issue an administrative order requiring that the
contribution be made;
``(3) may bar the employer from obtaining approval of any
petition under the Tech Smart pilot program; and
``(4) may terminate the H-1B nonimmigrant status of the
alien with respect to whom the scholarship contribution was
required to be made beginning 90 days after the date on which
the finding is entered.
``(g) Numerical Limitation.--The total number of aliens who may be
issued a visa or otherwise provided nonimmigrant status under the Tech
Smart pilot program in any fiscal year may not exceed 65,000. The
provision of nonimmigrant status to any such alien shall not be
considered for purposes of computing the numerical limitations under
section 214(g)(1)(A).
``(h) Expiration of Program.--
``(1) In general.--In fiscal years 2001 through 2003, the
Attorney General may approve petitions filed under section
214(c) initially to grant an alien nonimmigrant status under
section 101(a)(15)(H)(i)(b) in accordance with this section.
``(2) Continuing employer obligations.--Paragraph (1) shall
not be construed to limit the obligations of any employer to
make scholarship contributions in accordance with this section
until the employer satisfies the requirements imposed under
this section.
``(3) Extensions of stay or change in employment.--
Paragraph (1) shall not be construed to limit the authority of
the Attorney General in fiscal year 2004 and subsequent fiscal
years to approve or deny a petition under section 214(c)--
``(A) to extend the stay of an alien initially
granted status as an H-1B nonimmigrant under this
section in accordance with section 214(g)(4); or
``(B) to obtain authorization for such an alien to
change employers.
``(i) Definitions.--For purposes of this section:
``(1) H-1B nonimmigrant.--The term `H-1B nonimmigrant' has
the meaning given such term in section 212(n)(4).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 218 the
following new item:
``Sec. 218A. `Tech Smart' pilot program.''.
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