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04/30/98 THU 05:14 FAX
001
THE WHITE HOUSE
WASHINGTON
219- 6924
OFFICE OF LEGISLATIVE AFFAIRS
FAX COVER SHEET
1 trump (nototality)
Labor hates it.
unworkall
NOT
THE INFORMATION CONTAINED IN THIS FACSIMILE
2
2
MESSAGE IS CONFIDENTIAL AND INTENDED FOR
THE RECIPIENT ONLY.
decisims
Way Wall
Puthing
A
irjang.
by inspectors
DATE: 4/29
TO:
Julie Fernandes
amondmendment. as an
3 targeting
6 FAX#: mo. barmuko (thendende
HHS deciding
person
is admissible
FROM:
Peter Jacoby
FAX #:
(202)456-6468 for of
(202)456-6493
RE:
language Put
traing
PAGE 1 OF
If there are any problems with this transmission,
please call (202)456-6493
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PAGE
0
April 28, 1998
ITAA
The Honorable Major R. Owens
United States House of Representatives
2305 Raybum House Office Building
Washington, DC 20515
Dear Congressman Owens:
1 understand that you are soon to introduce 2 bill, the "Workforce Investment Partnership
Act." Based on & review of your draft legislation. it appears it addresses the information
technology (TT) training needs that are critical to the growth of American industry. As
the industry association with leadership on growing the domestic IT workforce, the
Information Technology Association of America (ITAA) is pleased to see the way you
are attempting to deal with creatively the workforce shortage.
ITAA's recently released a study conducted by Virginia Polytechnic Institute and State
University (VA Tech), Help Wanted 1998: A Call for Collaborative Action for the New
Millennium. This study found that there are currently 346,000 vacant IT positions in
American companies. These vacancies exist both at high tech companies and in other
industry sectors, including banking, retail, insurance, and hospitality. Every region of the
country is impacted by this lack of IT talent. The IT skills gap represents thousands of
missed opportunities for American workers, because these high paying. high growth jobs
remain vacant.
ITAA supports partnerships airiong stakeholders in business, academia, and government
which create opportunities for Americans to pursue IT jobs. ITAA is especially
supportive of those partnerships that leverage existing resources (such BS college faculties
and community-based organizations) for new types of training programs, as your
legislation suggests. ITAA looks forward to working with you and your staff to develop
this project and include industry leaders in the process.
Thank you for your leadership on this critical issue. If you have any questions or
comments please feel free to contact me at [email protected] or 703-284-5340, or contact
Lauren Brownstein, ITAA's Workforce Education Program Manager, at
ibrownsté[email protected] or 703-284-5318.
Sincerely,
the
Harris N. Miller
President
Information Technology Association of America
1616 N. Fort Myor Drive, Suite 1300, Arlinglon, Virginia 22209-3106 Phone: (703) 522-5055 Fax: (703) 525-2279
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PHGE
"Information Technology Partnerships Act"
Mr. Owens
Summary of Bill
Findings
There are more than 200,000 vacancies in various categories of information
technology jobs. Positions exist at all levels from aides and mechanics to
programmers and designers.
It is in the national interest to promote special initiatives which keep pace with
these expanding job opportunities.
Purpose
This bill creates a competitive grant program for colleges and universities to
establish and oversee Information Technology Education and Employment
Projects. Primarily, these Projects would consist of computer training centers,
both on-campus and off-campus. In addition, job placement activities would be
expected of grant recipients.
To ensure that these Projects are located in the community and supplement
existing on-campus efforts, this bill would prioritize grant applications to colleges
and universities that plan to issue sub-grants to community-based entities. Such
entities include the following:
-School-to-Work programs
-after school centers
-churches
-adult continuing education programs
-libraries
-museums
-other non-profit cultural and educational organizations
Enrollee Eligibility
Each site must maintain an enrollment of at least 50% low-income and 50% below age
25.
Persons above age 50 shall not be required to meet any means-testing requirements.
Enrollees must have either a high school diploma or a G.E.D.
Computer Competencies
Each Project shall offer, through a combination of classes and activities at the
outreach site or on-campus, a full range of computer certificates including basic
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computer competence, on-the-job upgrade assistance, and advanced computer
competence. To ensure that these certificates genuinely prepare the enrollee for
employment in the field of information technology, certificates must be linked to
skill standards set by the National Skill Standards Board.
The National Skill Standards Board is an existing independent group of business,
labor, education, and civic leaders created by the 1994 National Skill Standards
Act. It is composed of 28 members and is chaired by the CEO of Corning
Incorporated. (For additional information, visit their website: www.nssb.org.)
Funding
This bill authorizes $100 million to carry out activities of the Information
Technology Education and Employment Projects.
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Information Technology Partnerships
Amendment to H.R. 6
Offered by Mr. Owens
4/28/98
Talking Points
This amendment is designed to address the information technology (IT) worker
shortage that is currently taking place in America. As documented by
government reports, industry analyses, and news reports, the shortage of IT
workers here at home is expected to become worse by the new millennium.
The Commerce Department report, America's New Deficit: The Shortage
of Information Technology Workers, documents a startling fact: In the
midst of a Technological Revolution, America has run out of manpower
with the technical skills and experience needed to lead and survive in the
digital environment.
The Commerce Department says that currently 200,000 to 400,000 jobs
requiring computer software skills are going unfilled because of a worker
shortage. One industry executive likened the present situation to running out of
iron are in the middle of the Industrial Revolution.
The Bureau of Labor Statistics recently predicted a 70% growth in computer
and technology-related jobs by 2005. From 1996 to 2005, more than 1.3
million new computer scientists, engineers, and systems analysts will be
needed in the U.S. to fill vacant jobs. On average, this amounts to a need of
more than 136,000 workers every year.
Business are complaining for help. In fact, many businesses are lobbying for a
relaxation on limits for special employment visas, so that individuals can be
brought to America to fill these vacant high-tech positions.
The Senate Judiciary Committee recently passed the so-called "American
Competitiveness Act" - S.1723. This would eventually lift the lid on the annual
number of special employment immigration visas (H-1B) to 115,000.
This approach is shortsighted given the imminent global shortage of
information technology workers.
More importantly, this approach shortchanges America's domestic
workforce.
We should support long-term solutions that prioritize training for individuals
already here in our communities who are without meaningful jobs.
This amendment would authorize a competitive grant program for colleges and
universities to establish and oversee Information Technology Education and
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,
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Employment Projects.
Colleges and universities would be expected to enter into partnerships with
community-based organizations and local government agencies to house
computer training centers in the local community. The computer training
centers would actually educate and certify individuals based on industry-
recognized computer technology standards.
This amendment recognizes that higher education institutions have great
capacities and resources. Schools and universities are existing entities that
are already in place to provide an anchor role for a comprehensive
information technology training program.
It is in the interest of our business community and in the national interest to
promote special initiatives which educate and train America's workforce to take
advantage of these vast job opportunities.
Support the Information Technology Partnerships Amendment. It represents a
true commitment to America's competitiveness.
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F:\HEA98\AMDT\HRBAMDT.020
H.L.C.
AMENDMENT TO H.R. B
OFFERED BY MR. OWENS
(information technology partnerships)
(Page & line nos. refer to Amendment in the Nature of a
Substitute)
Page II-16, after line 21, insert the following new
section (and redesignate the succeeding section accord-
ingly):
1 SEC. 206. POSTSECONDARY INFORMATION TECHNOLOGY
2
EDUCATION AND EMPLOYMENT ASSISTANCE.
3
(a) FINDINGS.-The Congress finds the following:
4
(1) There are more than 200,000 to 400,000
5
vacancies in various categories of information tech-
6
nology jobs.
7
(2) From 1996 to 2005, more than 1,300,000
8
new computer scientists, engineers, and systems an-
9
alysts will be required in the United States to fill va-
10
cant jobs, which equals 136,800 new workers per
11
year.
12
(3) Systems analysts will experience the largest
13
job growth, accounting for a 103 percent increase in
14
the number of new positions from 1996 (506,000) to
15
2005 (1,025,000).
16
(4) The shortage of information technology
17
workers transcends industries, affecting the manu-
March 17, 1998
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F:\HEA98\AMDT\HR6AMDT.020
H.L.C.
2
1
facturing, service, transportation, health care, edu-
2
cation, and government sectors. Within each sector,
3
vacancies exist at all levels from aides and mechan-
4
ics to programmers and designers.
5
(5) The information technology worker shortage
6
is having an adverse effect on the viability of busi-
7
nesses in the United States and on the Nation's
8
competitiveness. Industry surveys report that half of
9
industry executives cite the lack of workers skilled in
10
technology as the number one obstacle to their com-
11
pany's growth. An additional 20 percent of industry
12
executives identify the lack of information tech-
13
nology workers as a major obstacle to their compa-
14
ny's growth.
15
(6) A major factor affecting the short supply of
16
information technology workers is the mismatch be-
17
tween what universities teach and what industry
18
needs.
19
(7) It is in the national interest to promote spe-
20
cial initiatives which effectively educate and train
21
our domestic workforce to keep pace with these ex-
22
panding job opportunities.
23
(8) Institutions of higher education have the ca-
24
pacity and resources to provide a role of oversight
25
and technical assistance to a wide range of local en-
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H.L.C.
3
1
tities, including community-based organizations, par-
2
ticipating in a comprehensive education and training
3
program for potential technology workers.
4
(9) Higher education institutions must be re-
5
sponsive to the digital environment and expand both
6
their outreach efforts and on-campus activities to
7
train and certify individuals to close the information
8
technology worker gap.
9
(b) AMENDMENT.-Title II is amended by adding at
10 the end the following:
11
"PART G-INFORMATION TECHNOLOGY
12
EDUCATION AND EMPLOYMENT ASSISTANCE
13 "SEC. 281. PARTNERSHIPS FOR POSTSECONDARY INFORMA-
14
TION TECHNOLOGY EDUCATION AND EM-
15
PLOYMENT ASSISTANCE
16
"(a) GRANTS AUTHORIZED.-
17
"(1) IN GENERAL.-The Secretary may make
18
grants under this section, in accordance with com-
19
petitive criteria established by the Secretary, to in-
20
stitutions of higher education, in order to establish,
21
oversee the operation of, and provide technical as-
22
sistance to, projects described in paragraph (2).
23
"(2) PROJECTS.-Projects under this section
24
shall be projects implemented by a community-based
25
organization described in subsection (b), or by the
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H.L.C.
4
1
institution of higher education receiving the grant,
2
to provide postsecondary information technology
3
education and employment procurement assistance
4
to eligible individuals described in subsection (c).
S
"(3) RESTRICTIONS.-An institution of higher
6
education shall be eligible to receive only one grant
7
under this section, but may, subject to the require-
8
ments of this section, use the grant to enter into
9
contracts with more than one community-based or-
10
ganization. A community-based organization shall
11
not be eligible to enter into a contract under this
12
section with more than one institution of higher edu-
13
cation.
14
"(4) PERIOD OF GRANT.-The provision of pay-
15
ments under a grant under this section shall not ex-
16
ceed 5 fiscal years and shall be subject to the annual
17
approval of the Secretary and subject to the avail-
18
ability of appropriations for each fiscal year in-
19
volved.
20
"(b) COMMUNITY-BASED ORGANIZATIONS.-
21
"(1) IN GENERAL-Subject to paragraph (2), a
22
community-based organization described in this sub-
23
section is an entity that, at the time the entity en-
24
ters into a contract with an institution of higher
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H.L.C.
5
1
education for & project under this section, and
2
throughout the duration of that contract-
3
"(A) is-
4
"(i) a governmental agency; or
5
"(ii) an organization described in sec-
6
tion 501(c)(3) of the Internal Revenue
7
Code of 1986 and exempt from tax under
8
section 501(a) of such Code; and
9
"(B) is one of the following:
10
"(i) A local partnership (as defined in
11
section 4 of the School-to-Work Opportuni-
12
ties Act of 1994) receiving a grant under
13
section 302 of such Act.
14
"(ii) An entity organized and operated
15
for religious purposes.
16
"(iii) An entity furnishing school-age
17
child care services after school.
18
"(iv) A community-based computer
19
center.
20
"(v) An entity furnishing adult edu-
21
cation.
22
"(vi) A library.
23
"(vii) A museum.
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H.L.C.
6
-
"(viii) Any other entity organized and
2
operated for cultural, literary, or edu-
3
cational purposes.
4
"(2) LIMITATION.-An entity shall not be con-
5
sidered a community-based organization described in
6
this subsection unless, at the time the entity enters
7
into a contract with an institution of higher edu-
8
cation for a project under this section, it has dem-
9
onstrated to the satisfaction of the Secretary that-
10
"(A) it has the capacity successfully to re-
11
cruit eligible individuals described in subsection
12
(c) for participation in a project described in
13
subsection (a), consistent with the enrollment
14
requirements in subsection (d)(2)(E);
15
"(B) it is providing an educational service,
16
social service, or employment procurement serv-
17
ice; and
18
"(C) in the case of an entity that inde-
19
pendently manages its OWN finances, it has been
20
in existence 2 years or more.
21
"(c) ELIGIBLE INDIVIDUALs.-An eligible individual
22 described in this subsection is an individual who-
23
"(1) has submitted a satisfactory application to
24
receive postsecondary information technology edu-
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in
F:\HEAS8\AMDT\HRSAMDT.020
H.L.C.
7
1
cation and employment procurement assistance
2
through a project under this section; and
3
"(2) has a certificate of graduation from a
4
school providing secondary education, or the recog-
S
nized equivalent of such a certificate.
6
"(d) DUTIES.-
7
"(1) INSTITUTIONS OF HIGHER EDUCATION.-
8
An institution of higher education receiving a grant
9
under this section shall use the funds provided under
10
the grant to carry out the following duties:
11
"(A) Final selection of community-based
12
organizations described in subsection (b) desir-
13
ing to provide, at one or more sites, in accord-
14
ance with a contract with the institution of
15
higher education and this section, postsecond-
16
ary information technology education and em-
17
ployment procurement assistance to eligible in-
18
dividuals described in subsection (c).
19
"(B) Entering into a contract with each
20
community-based organization selected under
21
subparagraph (A) under which the institution
22
and the organization agree to carry out the du-
23
ties respectively required of them under this
24
section with respect to each site described in
25
subparagraph (A).
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8
1
"(C) With respect to each site described in
2
subparagraph (A)-
3
"(i) provision of such funding for the
4
establishment and initial operation of the
5
site as was specified in the grant applica-
6
tion submitted by the institution to the
7
Secretary;
8
"(ii) approval of final site selection
9
and preparation;
10
"(iii) initial orientation and training
11
of personnel employed to manage and op-
12
erate the site;
13
"(iv) design and certification of the
14
instructional and academic programs, and
15
oversight of the implementation of the pro-
16
grams;
17
"(v) oversight of equipment purchases
18
and contracts for equipment maintenance;
19
and
20
"(vi) selection of an outside contractor
21
for periodic evaluation of the management
22
and operation of the site.
23
"(2) COMMUNITY-BASED ORGANIZATIONS.-
24
"(A) IN GENERAL.-A community-based
25
organization implementing a project under this
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H.L.C.
9
1
section with an institution of higher education,
2
at one or more sites, shall carry out the duties
3
described in this paragraph, with respect to
4
each such site, subject to the oversight and
5
guidance of the institution.
6
"(B) GENERAL DUTIES.-The organiza-
7
tion-
8
"(i) shall undertake final site selection
9
and preparation;
10
"(ii) shall recruit and hire a site di-
11
rector;
12
"(iiii) shall carry out any supple-
13
mentary instructional, academic, or edu-
14
cational activities specified in the contract
15
with the institution of higher education
16
that are not described in subparagraph
17
(D);
18
"(iv) shall assemble an advisory com-
19
mittee composed of individuals residing in
20
the community in which the site is located
21
who desire to assist the organization in en-
22
suring that the goals of the organization
23
are consistent with the goals and needs of
24
the community population;
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H.L.C.
10
1
"(v) shall provide to the institution
2
other evidence of volunteer support from
3
among individuals residing in the commu-
4
nity in which the site is located;
S
"(vi) shall recruit eligible individuals
6
for enrollment, subject to subparagraph
7
(E);
8
"(vii) shall maintain waiting lists of
9
eligible individuals desiring to enroll in the
10
project's programs;
11
"(viii) shall provide career counseling
Not
12
to eligible individuals enrolled in the
13
project's programs; and
and ment t
14
"(ix) shall provide job and internship
Ly
15
b/c
information and placement, employer con-
16
of
tacts, and other forms of employment pro-
17
curement assistance to eligible individuals
gertedec
18
enrolled in the project's programs.
Broblen
19
"(C) SITE REQUIREMENTS.-The organiza-
20
tion shall ensure that each site-
21
"(i) has a minimum of 20 fully func-
22
tioning computers with sufficient capacity
23
to perform all of the computer operations
24
that are the subject of the curriculum
25
specified in subparagraph (D);
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II.L.C.
11
1
"(ii) in addition to the space for the
2
computers described in clause (i), has
3
"(I) a classroom space with the
4
capacity for seating a minimum of 30
5
students;
6
"(II) a space in which to conduct
7
the required career and employment
8
counseling functions specified in sub-
9
paragraph (B); and
10
"(III) a separate office for the
11
site director;
12
"(iii) is real property subject to the
13
control of the organization or the institu-
14
tion, through a lease or other legal instru-
15
ment, for a period of not less than 5 years;
16
"(iv) is open to enrolled individuals
17
not less than 12 hours per day; and
18
"(v) is located within walking distance
19
of public transportation.
20
"(D) INFORMATION TECHNOLOGY CUR-
21
RICULUM.-
22
"(i) IN GENERAL-The organization
23
shall ensure that each site offers enrollees
24
a curriculum that includes a broad range
25
of course work that will assist them in
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H.L.C.
12
1
qualifying for employment in the field of
2
information technology.
3
"(ii) COURSES LEADING TO CERTIFI-
4
CATION.Such curriculum shall include
5
course work leading to a certification of
6
competence in areas of information tech-
7
nology recognized by the National Skill
8
Standards Board established under the
9
National Skill Standards Act of 1994.
10
"(iii) SPECIFIC COURSES.-The com-
11
puter training offered shall include courses
12
in basic computer competence, on-the-job
13
upgrade assistance, and advanced com-
14
puter competence.
15
"(E) ENROLLMENT REQUIREMENTS-The
16
organization shall ensure that its enrollment of
17
eligible individuals at each site is consistent
18
with the following:
19
"(i) Not less than 50 percent of the
20
eligible individuals shall be, at the time of
21
enrollment, individuals—
22
"(I) to whom 8 credit was al-
23
lowed under section 32 of the Internal
24
Revenue Code of 1986 for the preced-
25
ing taxable year;
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H.L.C.
13
1
"(II) who are recipients of assist-
2
ance under a State program funded
3
under part A of title IV of the Social
4
Security Act;
5
"(III) who are a member of a
6
household participating in the food
7
stamp program; or
8
"(IV) who are considered low-in-
9
come pursuant to regulations promul-
10
gated by the Secretary under this sec-
11
tion.
12
"(ii) Not less than 50 percent of the
13
eligible individuals shall be, at the time of
14
enrollment, under 25 years of age.
15
"(iii) No prerequisite relating to net
16
worth, income, or assets may be applied to
17
any eligible individual who, at the time of
18
enrollment, is over 50 years of age, except
19
that this requirement shall not be con-
20
strued to supersede clause (i).
21
"(e) IMPLEMENTATION OF PROJECTS SOLELY BY IN-
22 STITUTIONS.-The Secretary may make a grant under
23 this section to an institution of higher education that de-
24 sires to implement a project under this section without the
25 participation of a community-based organization described
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H.L.C.
14
1 in subsection (b), if the institution agrees to carry out all
2 of the duties required of such an organization under this
3 section, in addition to the duties otherwise required of an
4 institution of higher education. The Secretary shall, in
S awarding grants under this section, give priority to institu-
6 tions of higher education whose grant application includes
7 an assurance that the institution will contract with one
8 or more community-based organizations in accordance
9 with this section.
10
"(f) APPLICATIONS.-To apply for a grant under this
11 section for any fiscal year, an institution of higher edu-
12 cation shall submit an application to the Secretary in ac-
13 cordance with the procedures established by the Secretary.
14 The application shall specify the institution's preliminary
15 selections for the community-based organizations (if any)
16 with which the institution proposes to contract, and shall
17 include information with respect to preliminary site selec-
18 tions.
19
"(g) AUTHORIZATION OF APPROPRIATIONS-There
20 are authorized to be appropriated to carry out this section
21 such sums as may be necessary for fiscal year 1999 and
22 each of the 4 succeeding fiscal years.
23
"(h) DEFINITIONS.-For purposes of this section:
March 17, 1998
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17
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H.L.C.
15
1
"(1) ADULT EDUCATION.-The term 'adult edu-
2
cation' has the meaning given such term in section
3
312 of the Adult Education Act.
4
"(2) COMMUNITY-BASED COMPUTER CENTER.-
5
The term 'community-based computer center' means
6
a computer center-
7
"(A) funded by both the Federal Govern-
8
ment and at least one private sector entity;
9
"(B) located in a low-income community
10
(as determined by the Secretary); and
11
"(C) organized and operated for the pur-
12
pose of providing families with access to com-
13
puter resources that otherwise would not be
14
available to them.
15
"(3) FOOD STAMP PROGRAM.-The term 'food
16
stamp program' has the meaning given such term in
17
section 3(h) of the Food Stamp Act of 1977.
18
"(4) LIBRARY - The term 'library' has the
19
meaning given such term in section 213 of the Li-
20
brary Services and Technology Act.
21
"(5) MUSEUM.-The term 'museum' has the
22
meaning given such term in section 272 of the Mu-
23
seum and Library Services Act.".
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H.L.C.
105TH CONGRESS
2D SESSION
H.R.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas introduced the following bill; which was referred to the
Committee on
A BILL
To amend the Immigration and Nationality ACL to make
changes relating to H-1B nonimmigrants.
1
Be it enucted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Workforce Improve-
5 ment and Protection Act of 1998".
6 SEC. 2 TEMPORARY INCREASE IN SKILLED FOREIGN
7
WORKERS.
8
Section 214(g) of the Immigration and Nationality
9 Act (8 U.S.C. 1184(g)) is amended-
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005
=
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2
1
(1) by amending paragraph (1)(A) to read as
2
follows:
3
"(A) under section 101(a)(15)(H)(i)(b), subject
4
to paragraph (5), may not exceed-
S
"(i) 95,000 in Oscal year 1998;
6
"(ii) 105,000 in fiscal year 1999; and
7
"(iii) 115,000 in fiscal year 2000; or"; and
&
(2) by adding at the end the following:
9
"(5) In each of fiscal years 1999 and 2000, the total
10 number of aliens described in section 212(a)(5)(C) who
11 may be issued visas or otherwise provided nonimmigrant
12 status under section 101(a)(15)(H)(i)(b) may not exceed
13 7,500.".
14 SEC. S. PROTECTION AGAINST DISPLACEMENT OF UNITED
15
STATES WORKERS.
16
(a) IN GENEEAL-Section 212(n)(1) of the Immi-
17 gration and Nationality Act (8 U.S.C. 1182(n)(1)) is
18 amended by inserting after subparagraph (D) the follow-
19 ing:
20
"(E)(i) The employer has not laid off or other-
21
wise displaced and will not lay off or otherwise dis-
22
place, within the period beginning 6 months before
23
and ending 90 days following the date of filing of
24
the application or during the 90 days immediately
25
preceding and following the date of filing of any visa
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3
1
petition supported by the application, any United
2
States worker (as defined in paragraph (3)) (includ-
3
ing a worker whose services are obtained by coll-
4
tract, employee leasing, temporary help agreement,
5
or other similar means) who has substantially equiv-
6
alent qualifications and experience in the specialty
7
occupation. and in the area of employment, for
8
which H-1B nonimmigrants are sought or in which
9
they are employed.
10
"(ii) Except as provided in clause (iii), in the
11
case of an employer that employs an H-1B non-
12
immigrant, the employer shall not place the non-
13
immigrant with another employer where-
14
"(I) the nonimmigrant performs his or her
15
duties in whole or in part at one or more work-
16
sites owned, operated, or controlled by such
17
other employer; and
18
"(II) there are indicia of an employment
19
relationship between the nonimmigrant and
20
such other employer.
21
"(iii) Clause (ii) shall not apply to an employ-
22
et's placement of an H-1B nonimmigrant with an-
23
other employer if the other employer has executed
24
#n attestation that it satisfies and will satisfy the
- 28, 1998
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007
H.L.C.
4
1
conditions described in clause (i) during the period
2
described in such clause.".
3
(b) DEFINITIONS.-
4
(1) IN GENERAL-Section 212(n) of the Iromi-
S
gration and Nationality Act (8 U.S.C. 1182(a)) is
6
amended by adding at the end the following:
7
"(3) For purposes of this subsection:
&
"(A) The term 'H-1B nonienmigrant' means an
9
alien admitted or provided status as a nonimmigrant
10
described in section 101(a)(15)(H)(i)(b).
11
"(B) The term 'lay off or otherwise displace',
12
with respect to an employee-
13
"(i) means to cause the employee's loss of
14
employment, other than through a discharge for
15
cause, B. voluntary departure, or a voluntary re-
16
tirement; and
17
"(ii) does not include any situation in
18
which employment is relocated to a different ge-
19
ographic area and the employee is offered a
20
chance TO move to the new location, with wages
21
and benefits that are not less than those at the
22
old location, but elects not to move to the new
23
location.
24
"(C) The term 'United States worker' means-
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5
1
"(i) a citizen or national of the United
2
States;
3
"(ii) an alien lawfully admitted for perma-
4
nent residence; or
5
"(iii) an alien authorized to be employed
6
by this ACT or by the Attorncy General."
7
(2)
CONFORMING AMENDMENTS.-Secton
8
212(n)(1) of the Immigration and Nationality Act (8
9
U.S.C 1182(n)(1)) is amended by striking "a non-
10
immigrant described in section 101(a)(15)(H)(i)(b)
11
each place such term appears and inserting "an H-
12
1B nonimmigrant".
13 SEC. 4. RECRUITMENT OF UNITED STATES WORKERS
14
PRIOR TO SEEKING NONIMMIGRANT WORK-
15
ERS.
16
Section 212(n)(1) of the Immigration and Nationality
17 Act (8 U.S.C. 1182(n)(1)), as amended by section 3, is
18 further amended by inserting after subparagraph (E) the
19 following:
20
"(F)(i) The employer, prior to filing the appli-
21
cation, has taken, in good faith, timely and signifi-
22
cant steps to recruit and retain sufficient United
23
States workers in the specialty occupation for which
24
H-1B noniminigrants are sought. Such steps shall
25
have included recruitment in the United States,
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1
using procedures that weet industry-wide standards
2
and offering compensation that is at least as great
3
as that required to be offered to H-1B non-
4
immigrants under subparagraph (A), and offering
5
employment to any qualified United States worker
6
who applies.
7
"(ii) The conditions described in clause (i) shall
8
not apply to an employer with respect to the employ-
9
ment of an H-1B nonimmigrant who is described in
10
subparagraph (A), (B), or (C) of section
11
203(b)(1).".
12 SEC. 5. LIMITATION ON AUTHORITY TO INITIATE COM-
13
PLAINTS AND CONDUCT INVESTIGATIONS
14
FOR NON-H-1B-DEPENDENT EMPLOYERS
15
(a) IN GENERAL-Section 212(n)(2)(A) of the Im-
16 migration and Nationality Act (8 U.S.C. 1182(n)(2)(A))
17 is amended-
18
(1) in the second sentence, by striking the pe-
19
riod at the end and inserting the following: ", except
20
that the Secretary may only tile such d complaint re-
21
specting an H-1B-dependent employer (as defined
22
in paragraph (3)), and only if there appears to be
23
a violation of an attestation or a misrepresentation
24
of à material fact in an application."; and
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7
1
(B) by inserting after the second sentence
2
the following: "Except as provided in subpara-
3
graph (F) (relating to spot investigations dur-
4
ing probationary period), no investigation or
S
hearing shall be conducted with respect to an
6
employer except in response to a complaint filed
7
under the previous sentence.".
DO
(b) DEFINITIONS-Section 212(u)(3) of the Immi-
9 gration and Nationality Act (S U.S.C. 1182(n)(2)), as
10 added by section 3, is amended-
11
(1) by redesignating subparagraphs (A), (B),
12
and (C) as subparagraphs (B), (C), and (E), respec-
13
tively;
14
(2) by inserting after "purposes of this sub-
15
section:" the following:
16
"(A) The term 'H-1B-dependent employer'
17
means an employer that-
18
"(j)(I) has fewer than 21 full-time equiva-
19
lent employees who are employed in the United
20
States; and (II) employs 4 or more H-1B non-
21
immigrants; or
22
"(ii)(I) has at least 21 but not more than
23
150 full-time equivalent employees who are em-
24
ployed in the United States; and (II) employs
25
H-1B nonimmigrants in a number that is equal
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8
1
TO at least 20 percent of the number of such
2
full-time equivalent employees; or
3
"(iii)(I) has at least 151 full-time equiva-
4
lent employees who are employed in the United
S
States; and (II) employs H-1B nonimmigrants
6
in & number that is equal to at least 15 percent
7
of the number of such full-time equivalent em-
8
ployees.
9
In applying this subparagraph, any group treated as
10
a single employer under subsection (b), (c), (m), or
11
(o) of section 414 of the Internal Revenue Code of
12
1986 shall be treated as 2 single employer. Aliens
13
employed under a petition for H-1B nonimmigrants
14
shall be treated as employees, and counted as non-
15
immigrants under section 101(a)(15)(H)(i)(b) under
16
this subparagraph."; and
17
(3) by inserting after subparagraph (C) (as SQ
18
redesignated) the following:
19
"(D) The term 'non-H-18-dependent employer'
20
means an employer that is not an H-1B-dependent
21
employer.".
22 SEC. Q. INCREASED ENFORCEMENT AND PENALTIES.
23
(a) IN GENERAL.-Section 212(n)(2)(C) of the Im-
24 migration and Nationality Act (8 U.S.C. 1182(n)(2)(C))
25 is amended to read as follows:
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1
"(C)(i) If the Secretary finds, after notice and oppor-
2 tunity for a hearing, a failure to meet a condition of para-
3 graph (1)(B) or (1)(E), a substantial failure to meet a
4 condition of paragraph (1)(C), (1)(D), or (1)(F), or a mis-
S representation of material fact in an application~
6
"(I) the Secretary shall notify the Attorney
7
General of such finding and may, in addition, im-
8
pose such other administrative remedies (including
9
civil monetary penalties in an amount not to exceed
10
$1,000 per violation) as the Secretary determines to
11
be appropriate; and
12
"(II) the Attorney General shall not approve
13
petitions filed with respect to that employer under
14
section 204 or 214(c) during a period of at least 1
is
year for aliens to be employed by the employer.
16
"(ii) If the Secretary finds, after notice and oppor-
17 tunity for a hearing, a willful failure to meet a condition
18 of paragraph (1) or a willful misrepresentation of material
19 fact in an application-
20
"(I) the Secretary shall notify the Attorney
21
General of such finding and may, in addition, in-
22
pose such other administrative remedies (including
23
civil monetary penalties in all amount not to exceed
24
$5,000 per violation) as the Secretary determines to
25
be appropriate; and
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H.L.C.
10
1
"(II) the Attorney General shall not approve
2
petitions filed with respect to that employer under
3
section 204 or 214(c) during a period of at least 1
4
year for aliens to be employed by the employer.
5
"(iii) If the Secretary finds, after notice and oppor-
6 tunity for a hearing, a willful failure to meet a condition
7 of paragraph (1) or a willful misrepresentation of material
8 fact in an application, in the course of which failure or
9 misrepresentation the employer also has failed to meet a
10 condition of paragraph (1)(E)-
11
"(I) the Secretary shall notify the Attorney
12
General of such finding and may, in addition, im-
13
pose such other administrative remedies (including
14
civil monetary penalties in an amount not to exceed
15
$25,000 per violation) as the Secretary determines
16
to be appropriate; and
17
"(II) the Attorney General shall not approve
18
petitions filed with respect to that employer under
19
section 204 or 214(c) during a period of HT least ?
20
years for aliens to be employed by the employer.".
21
(b) PLACEMENT OF H-1B NONIMMIGRANT WITH
22 OTHER EMPLOYER.-Section 212(n)(2) of the Immigra-
23 tion and Nationality Act (8 U.S.C. 1182(n)(2)) is amend-
24 ed by adding at the end the following:
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H.L.C.
11
1
"(E) Under regulations of the Secretary, the previous
2 provisions of this paragraph shall apply to a failure of an
3 other employer to comply with an attestation described in
4 paragraph (1)(E)(iii) in the same manner as they apply
5 to & failure to comply with a condition described in para-
6 graph (1)(E)(i).".
7
(c) SPOT INVESTIGATIONS DURING PROBATIONARY
go PERIOD.-Section 212(n)(2) of the Immigration and Na-
9 tionality Act (8 U.S.C. 1182(n)(2)), as amended by sub-
10 section (b), is further amended by adding at the end the
11 following:
12
"(F) The Secretary may, on a case-by-case basis.
13 subject an employer to random investigations for a period
14 of up to 5 years, beginning on the date that the employer
15 is found by the Secretary to have committed a willful fail-
16 ure to meet a condition of paragraph (1) or to have made
17 a misrepresentation of material fact in an application. The
18 preceding sentence shall apply to an employer regardless
19 of whether the employer is an H-1B-dependent employer
20 or à non-H-1B-dependent employer. The authority of the
21 Secretary under this subparagraph shall not be construed
22 to be subject to, or limited by, the requirements of sub-
23 paragraph (A).".
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12
1 SEC. 9. EFFECTIVE DATE.
2
The amendments made by this Act shall take effect
3 on the date of the enactment of this Act and shall apply
4 to applications filed with the Secretary of Labor on or
S after 30 days after the date of the enactment of this Act,
6 except That the amendments made by section 2 shall apply
7 to applications filed with such Secretary before, on, or
8 after the date of the enactment of this Act.
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H.L.C.
105TH CONGRESS
2D SESSION
H.R.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas introduced the following bill; which was referred to the
Committee on
A BILL
To amend the Immigration and Nationality Act to make
changes relating to H-1B nonimmigrants.
1
Be it enucted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Workforce Improve-
5 ment and Protection Act of 1998".
6 SEC. 2 TEMPORARY INCREASE IN SKILLED FOREIGN
7
WORKERS.
8
Section 214(g) of the Immigration and Nationality
9 Act (8 U.S.C. 1184(g)) is amended—
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2
1
(1) by amending paragraph (1)(A) to read as
2
follows:
3
"(A) under section 101(a)(15)(H)(i)(b), subject
4
to paragraph (5), may not exceed-
S
"(1) 95,000 in Oscal year 1998;
temporanent
6
"(ii) 105,000 in fiscal year 1999; and
intention to goback back
to
increase
7
"(iii) 115,000 in fiscal year 2000; or"; and
65,000
&
(2) by adding at the end the following:
9
"(5) In each of fiscal years 1999 and 2000, the total
heartworkers care
10 number of aliens described in section 212(a)(5)(C) who
11 may be issued visas or otherwise provided nonimmigrant
12 status under section 101(a)(15)(H)(i)(b) may not exceed
13 7,500.".
obligations
14 SEC. S. PROTECTION AGAINST DISPLACEMENT OF UNITED
15
STATES WORKERS.
16
(a) IN GENERAL-Seto 212(n)(1) of the Immi-
17 gration and Nationality Act (8 U.S.C. 1182(n)(1)) is
18 amended by inserting after subparagraph (D) the follow-
19 ing:
20
"(E)(i) The employer has not laid off or other-
21
wise displaced and will not lay off or otherwise dis-
no
22
place, within the period beginning 6 months before
23
and ending 90 days following the date of filing of
24
the application or during the 90 days immediately
25
preceding and following the date of filing of any visa
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H.L.C.
3
1
petition supported by the application, any United
2
States worker (as defined in paragraph (3)) (includ-
3
ing a worker whose services are obtained by coll-
4
tract, employee leasing, temporary help agreement,
s
or other similar means) who has substantially equiv-
6
alent qualifications and experience in the specialty
lan X
7
occupation. and in the area of employment, for
6mo. instead andays ao
8
which H-1B nonimmigrants are sought or in which
9
they are employed.
10
"(ii) Except as provided in clause (iii), in the
11
case of an employer that employs an H-1B non-
12
immigrant, the employer shall not place the non-
13
immigrant with another employer where-
14
"(I) the nonimmigrant performs his or her
15
duties in whole or in part at one or more work-
job
16
sites owned, operated, or controlled by such
17
other employer; and
18
"(II) there are indicia of an employment
good
19
relationship between the nonimmigrant and
20
such other employer.
21
"(iii) Clause (ii) shall not apply to an employ-
22
et's placement of an H-1B nonimmigrant with an-
23
other employer if the other employer has executed
end atkahmin
24
an attestation that it satisfies and will satisfy the
april 28. 1998
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H.L.C.
4
1
conditions described in clause (i) during the period
2
described in such clause.".
3
(b) DEFINITIONS.-
4
(1) IN GENERAL-Section 212(n) of the Iromi-
S
gration and Nationality Act (8 U.S.C. 1182(a)) is
6
amended by adding at the end the following:
7
"(3) For purposes of this subsection:
&
"(A) The term 'H-1B nonienmigrant' means an
9
alien admitted or provided status as a nonimmigrant
10
described in section 101(a)(15)(H)(i)(b).
11
"(B) The term 'lay off or otherwise displace',
12
with respect to an employee
13
"(i) means to cause the employee's loss of
14
employment, other than through a discharge for
15
cause, a voluntary departure, or a voluntary re-
16
tirement; and
17
"(ii) does not include any situation in
18
which employment is relocated to a different ge-
19
ographic area and the employee is offered a
20
chance to move to the new location, with wages
21
and benefits that are not less than those at the
22
old location, but elects DOT to move to the new
23
location.
24
"(C) The term 'United States worker' means-
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H.L.C.
5
1
"(i) a citizen or national of the United
2
States;
3
"(ii) an alien lawfully admitted for perma-
4
nent residence; or
5
"(iii) an alien authorized to be employed
6
by this ACT or by the Attorncy General.".
7
(2)
CONFORMING AMENDMENTS-Section
8
212(n)(1) of the Immigration and Nationality Act (8
9
U.S.C 1182(n)(1)) is amended by striking "a non-
10
immigrant described in section 101(a)(15)(H)(i)(b)
11
each place such term appears and inserting "an H-
12
1B nonimmigrant".
13 SEC. 4. RECRUITMENT OF UNITED STATES WORKERS
14
PRIOR TO SEEKING NONIMMIGRANT WORK-
15
ERS.
16
Section 212(n)(1) of the Immigration and Nationality
17 Act (8 U.S.C. 1182(n)(1)), as amended by section 3, is
18 further amended by inserting after subparagraph (E) the
19 following:
20
"(F)(i) The employer, prior to filing the appli-
21
cation, has taken, in good faith, timely and signifi-
22
cant steps to recruit and retain sufficient United
Vok
23
States workers in the specialty occupation for which
24
H-1B noniminigrants are sought Such steps shall
25
have included recruitment in the United States,
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Kenner
1
using procedures that weet industry-wide standards
2
and offering compensation that is at least as great
as that required to be offered to H-1B non-
I
ok
3
4
immigrants under subparagraph (A), and offering
At
5
employment to any qualified United States worker
6
who applies.
7
"(ii) The conditions described in clause (i) shall
8
not apply to an employer with respect to the employ-
OK
9
ment of an H-1B noniminigrant who is described in
10
subparagraph (A), (B), or (C) of section
11
203(b)(1).".
12 SEC. 5. LIMITATION ON AUTHORITY TO INITIATE COM-
13
PLAINTS AND CONDUCT INVESTIGATIONS
14
FOR NON-H-1B-DEPENDENT EMPLOYERS
15
(a) IN GENERAL-Section 212(n)(2)(A) of the Im-
16 migration and Nationality Act (8 U.S.C. 1182(n)(2)(A))
17 is amended—
18
(1) in the second sentence, by striking the pe-
19
riod at the end and inserting the following: ", except
20
that the Secretary may only file such d complaint re-
21
specting an H-1B-dependent employer (as defined
22
in paragraph (3)), and only if there appears to be
23
a violation of no attestation or a misrepresentation
24
of a material fact in an application."; and
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1
(B) by inserting after the second sentence
2
the following: "Except as provided in subpara-
3
graph (F) (relating to spot investigations dur-
4
ing probationary period), no investigation or
S
hearing shall be conducted with respect to an
6
employer except in response to a complaint filed
7
under the previous sentence.".
sagsno.
DO
(b) DEFINITIONS-Section 212(u)(3) of the Immi-
9 gration and Nationality Act (S U.S.C. 1182(n)(2)), as
10 added by section 3, is amended-
11
(1) by redesignating subparagraphs (A), (B),
12
and (C) as eubparagraphs (B), (C), and (E), respec-
13
tively;
14
(2) by inserting after "purposes of this sub-
15
section:" the following:
16
"(A) The term 'H-1B-dependent employer'
17
means an employer that-
18
"(i)(I) has fewer than 21 full-time equiva-
19
lent employees who are employed in the United
20
States; and (II) employs 4 or more H-1B non-
21
immigrants; or
22
"(ii)(I) has at least 21 but not more than
23
150 full-time equivalent employees who are em-
24
ployed in the United States; and (II) employs
25
H-1B nonimmigrants in a number that is equal
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1
TO at least 20 percent of the number of such
2
full-time equivalent employees; or
3
"(iii)(I) has at least 151 full-time equiva-
4
lent employees who are employed in the United
S
States; and (II) employs H-1B nonimmigrants
6
in 8 number that is equal to at least 15 percent
1
of the number of such full-time equivalent em-
&
ployees.
9
In applying this subparagraph, any group treated as
10
a single employer under subsection (b), (c), (m), or
11
(o) of section 414 of the Internal Revenue Code of
12
1986 shall be treated as 3 single employer. Aliens
13
employed under a petition for H-1B nonimmigrants
14
shall be treated as employees, and counted as non-
15
immigrants under section 101(a)(15)(H)(i)(b) under
16
this subparagraph."; and
17
(3) by inserting after subparagraph (C) (as SQ
18
redesignated) the following:
19
"(D) The term 'non-H-18-dependent employer'
20
means an employer that is not an H-1B-dependent
21
employer.".
22 SEC. G. INCREASED ENFORCEMENT AND PENALTIES.
23
(a) IN GENERAL-Section 212(n)(2)(C) of the Im-
24 migration and Nationality Act (8 U.S.C. 1182(n)(2)(C))
25 is amended to read as follows:
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1
"(C)(i) If the Secretary finds, after notice and oppor-
only
2 tunity for a hearing, a failure to meet a condition of para-
problem
3 graph (1)(B) or (1)(E), a substantial failure to meet à
commerce
has
4 condition of paragraph (1)(C), (1)(D), or (1)(F), or a mis-
S representation of material fact in an application~
6
"(I) the Secretary shall notify the Artorney
7
General of such finding and may, in addition, im-
8
pose such other administrative remedies (including
9
civil monetary penalties in an amount not to exceed
10
$1,000 per violation) as the Secretary determines to
11
be appropriate; and
12
"(II) the Attorney General shall not approve
13
petitions filed with respect to that employer under
14
section 204 or 214(c) during a period of at least 1
15
year for aliens to be employed by the employer.
16
"(ii) If the Secretary finds, after notice and oppor-
17 tunity for a hearing, 3 willful failure to freet a condition
18 of paragraph (1) or a willful misrepresentation of material
19 fact in an application—
20
"(I) the Secretary shall notify the Attorney
21
General of such finding and may, in addition, in-
22
pose such other administrative remedies (including
23
civil monetary penalties in All amount not to exceed
24
$5,000 per violation) as the Secretary determines to
25
be appropriate; and
April 28. 1988
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10
1
"(II) the Attorney General shall not approve
2
petitions filed with respect to that employer under
3
section 204 or 214(c) during d period of at least 1
4
year for aliens to be employed by the employer.
5
"(iii) If the Secretary finds, after notice and oppor-
6 tunity for a hearing, a willful failure to meet a condition
7 of paragraph (1) or a willful misrepresentation of material
8 fact in an application, in the course of which failure or
9 misrepresentation the employer also has failed to meet a
10 condition of paragraph (1)(E)-
11
"(I) the Secretary shall notify the Attorney
12
General of such finding and may, in addition, im-
13
pose such other administrative remedies (including
14
civil monetary penalties in an amount not to exceed
15
$25,000 per violation) as the Secretary determines
16
to be appropriate; and
17
"(II) the Attorney General shall not approve
18
petitions filed with respect to that employer under
19
section 204 or 214(c) during a period of HI least ?
20
years for aliens to be employed by the employer.".
21
(b) PLACEMENT OF H-1B NONIMMIGRANT WITH
22 OTHER EMPLOYER-Section 212(n)(2) of the Immigra-
23 tion and Nationality Act (8 U.S.C. 1182(n)(2)) is amend-
24 ed by adding at the end the following:
ADNI 2A, 1998
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H.L.C.
11
1
"(E) Under regulations of the Secretary, the previous
2 provisions of this paragraph shall apply to a failure of an
3 other employer to comply with an attestation described in
4 paragraph (1)(E)(iii) in the same manner as they apply
5 to & failure to comply with a condition described in para-
6 graph (1)(E)(i),".
7
(c) SPOT INVESTIGATIONS DURING PROBATIONARY
go PERIOD.-Section 212(n)(2) of the Immigration and Na-
9 tionality Act (8 U.S.C. 1182(n)(2)), as amended by sub-
10 section (b), is further amended by adding at the end the
11 following:
12
"(F) The Secretary may, on a case-by-case basis,
13 subject an employer to random investigations for a period
14 of up to 5 years, beginning on the date that the employer
15 is found by the Secretary TO have committed a willful fail-
16 ure to meet a condition of paragraph (1) or to have made
17 & misrepresentation of material fact in an application. The
18 preceding sentence shall apply to an employer regardless
19 of whether the employer is an H-1B-dependent employer
20 or à non-H-1B-dependent employer. The authority of the
21 Secretary under this subparagraph shall not be construed
22 to be subject to, or limited by, the requirements of sub-
23 paragraph (A).".
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12
1 SEC. 9. EFFECTIVE DATE.
2
The amendments made by this Act shall take effect
3 on the date of the enactment of this Act and shall apply
4 to applications filed with the Secretary of Labor on or
5 after 30 days after the date of the enactment of this Act,
6 except that the amendments made by section 2 shall apply
7 to applications filed with such Secretary before, on, or
8 after the date of the enactment of this Act.
April 28. 1898
APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON, D.
P.1/15
Total Pages:
LRM ID: IMS313
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Wednesday, April 29, 1998
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer See Distribution below
FROM:
James J. Jukes (for) Assistant Director for Legislative Reference
OMB CONTACT:
Ingrid M. Schroeder
In
PHONE: (202)395-3883 FAX: (202)395-3109
SUBJECT:
OMB Request for Views on HR3736 Workforce Improvement and Protection
Act of 1998
DEADLINE:
see below
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above
subject before advising on its relationship to the program of the President. Please advise us if this
item will affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title
XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: H.R. 3736 is scheduled for markup tomorrow, April 30th in the House Judiciary
immigration subcommittee. A letter outlining the Administration's position on H-1B visa reforms for
tommorow's markup is being prepared and will be circulated this afternoon.
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE Ann Harkins (202) 514-2141
62-LABOR - Robert A. Shapiro - (202) 219-8201
25-COMMERCE Michael A. Levitt - (202) 482-3151
118-TREASURY Richard S. Carro - (202) 622-0650
128-US Trade Representative - Fred Montgomery (202) 395-3475
52-HHS - Sondra S. Wallace (202) 690-7760
29-DEFENSE Samuel T. Brick Jr. - (703) 697-1305
84-National Science Foundation Lawrence Rudolph (703) 306-1060
95-Office of Science and Technology Policy Jeff Smith . (202) 456-6047
114-STATE " Paul Rademachor (202) 647-4463
30-EDUCATION Jack Kristy (202) 401-8313
76-National Economic Council Sonyia Matthews - (202) 456-6630
Council of Economic Advisers Liaison Officer - (202) 395-5084
EOP:
Debra J. Bond
Larry R. Matlack
Barry White
Barbara Chow
Sandra Yamin
*APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON, D.
P.2/15
Steven M. Mertens
Daniel J. Chenok
Evan T. Farley
Joseph G. Pipan
Ronald L. Silberman
Louisa Koch
Charles W. Fox
Gregory G. Henry
Sarah G. Horrigan
Katherine M. Tyer
S. A. Noe
Jack A. Smalligan
Julie A. Fernandes
Thomas A. Kalil
Cecilia E. Rouse
Peter G. Jacoby
Broderick Johnson
Maria Echaveste
Emil E. Parker
Robert N. Weiner
William P. Marshall
Karen Tramontano
Ricardo M. Gonzales
Rebecca M. Blank
Maria J. Hanratty
:APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON, D.
P.3/15
LRM ID: IMS313
SUBJECT: OMB Request for Views on HR3736 Workforce Improvement
and Protection Act of 1998
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does not
answer): or
(2) sending us D memo or lotter
Please include the LRM number shown above, and the subject shown below.
TO:
Ingrid M. Schroeder Phone: 395-3883 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
(Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of
pages, attached to this response sheet
APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON, D.
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04/28/98 TUE 18:18 FAX 202 225_3872 9872
IMMIGRATION A CLAIMS
004
H.C.C.
106TH CONGRESS
2D SESSION
H.R. 3736
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas increduced the following bill; which VII referred & the
Committee or
A BILL
To amend the Immigration and Nationality ACE to make
changes relating to H-1B nonimmigrants.
1
Be it enucted by the Senute and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE
4
This Act may be cized as the Workforce Improve-
5 save: and Protection Act of 1998".
6 БЕС. & TEMPORARY INCREASE IN BKILLED FOREIGN
7
WORKERS
B
Section 214(g) of the Immigration and Nationality
9 Act (8 U.S.C. 1184(g)) is amended-
April as 1398
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IMMICRATION & CLAIMS
A
DOS
M.C.C.
2
I
(1) by amending paragraph (1)(A) to read as
2
follows:
3
"(A) under section 101(a)(15)(E)(i)(b), subject
4
to paragraph (5), may not exceed-
S
"(1) 95,000 in fiscal year 1995;
6
"(ii) 105,000 in fiscal year 1999; and
7
"(iii) 115,000 in fiscal year 2000; or"; and
8
(3) by adding 2K the end the following:
3
forces
9
"(5) In each of fiscal years 1999 and 2000, the total
10 number of aliens described in section 212(a)(5)(C) who
11 may be issued visas or otherwise provided nonimmigrant
12 status under section 101(a)(15)(H)(i)(b) may not exceed
13 7,500.".
14 SEC. 3. PROTECTION AGAINST DISPLACEMENT OF UNITED
15
STATES WORKERS
16
(a) IN GENERAL.-Soctiou 212(a)(1) of the Immi-
17 gration and Nationality Act (8 U.S.C. 1182(n)(1)) is
18 amended by inserting after subparagraph (D) the follow-
19 ing:
20
"(E)(i) The employer has not laid off. or other-
21
wise displaced and will not lay off OF otherwise dis-
22
place, within the period beginning 6 months before
23
and ending 80 days following the date of filing of
24
the application or during the 90 days immediately
25
preceding and following the date of filing of any visa
april 2a 1998
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19444 6810
04-28-08 From
HLC
3
1
petition supported by the application, any United
2
States worker (as defined in paragraph (3)) (includ-
3
ing a worker whose services are obtained by cau-
4
tract, employee leasing, temporary help agreement,
s
or other similar means) who has substantially equiv-
6
alent qualifications and esperience in the specialty
7
occupation. and in the area of employment, for
8
which H-1B nonimmigrants are sought or in which
9
they are employed.
10
"(ii) Except as provided in clause (iii), in the
11
case of an employer that employs an H-1B non-
12
immigrant, the employer shall not place the nou-
13
immigrant with another employer where-
14
"(I) the nonimmigrant performs his or her
15
duties in whole or in part at one or more work-
16
aites owned, operated, or controlled by such
17
other employer; and
18
"(II) there are indicia of aD employment
19
relationship between the nonimmigrant and
20
such other employer.
21
"(iii) Clause (ii) shall not apply to HD employ-
22
et's placement of an H-1B nonimmigrant with an-
23
other employer if the other employer has executed
24
as attestation that it satisfies and will satisfy the
28, 1990
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IMBLIGRATION & CLAIMS
a
007
H.L.C.
4
a
conditions described in clause (i) during the period
2
described in sach clause.".
3
(b) DEFINITIONS-
4
(1) IN GENERAL-Section 212(n) of the Immi-
$
gration and Nationality AM (8 U.S.C. 1182(u)) is
6
amended by adding at the end the following:
7
"(3) For purposes of this subsection:
&
"(A) The term 'H-1B nonimmigrant' means an
9
alien admitted or provided status as & nonimmigrant
10
described in section 101(a)(15)(E)(i)(b).
11
"(B) The term "lay cff or otherwise displace',
12
with respect to an employee
13
"(i) means to cause the amployee's loss of
14
employment, other than through & discharge for
15
cause, a voluntary departure, or a voluntary re-
15
tirement; and
17
"(ii) does not include any situation in
18
which employment is relocated to a different "
19
ographic area and the employee is offered a
20
chance to move to the new location, with wages
21
and benefits that are not less than those at the
22
old location, but elects not to move to the new
23
location.
24
"(C) The term United States worker means-
April 28. 1000
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IRRIGRATION & CLAIMS
VT.UUDE From
0008
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5
1
"(i) a citizen or national of the United
2
States:
3
"(ii) an alien lawfully admitted for perma-
4
nent residence; or
s
"(iii) an alien authorized to be employed
6
by this Act or by the Attorney General.".
7
(2) CONFORMING AMENDMENTS-Section
8
212(=)(1) of the Immigration and Nationality Act (8
9
U.S.C 1182(n)(1)) is agended by striking "a non-
10
immigrant described in section 101(a)(15)(H)(i)(b)"
11
each place such term appears and inserting "an H-
12
1B nonimmigrant".
13 SEC. 4. RECRUITMENT or UNITED STATES WORKERS
14
FRIOR TO SEEKING NONDMIGRANT WORK
15
TRS.
16
Section 212(a)(1) of the Immigration and Nationality
17 Act (8 U.S.C. 1182(n)(1)), as amended by section 3. is
18 further amended by inserting after subparagraph (E) the
19 following:
20
"(5)(i) The employer, prior to filing the appli-
21
cation, has taken, in good Crich, timely and signifi-
22
cant steps to recruit and retain sufficient United
23
States workers in the specialty occupation for which
24
H-1B noniminigrants are sought. Such steps shall
25
have included recruitment is the United States,
AM 20, 1005
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-
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6
1
using procedures that weet industry-wide standards
2
and offering compensation thut is at lease as great
3
as that required to be offered to H-1B non.
4
immigrants under subparagraph (A). and offering
5
employment to any qualified United States worker
6
who applies.
7
"(ii) The conditions described in clause (i) shall
8
not apply to an employer with respect to the employ-
9
ment of an H-1B nonimenigrant who is described in
10
subparagraph (A), (B). or (c) of section
11
203(b)(1).".
12 SRC. 6. LIMITATION ON AUTHORITY TO INITIATE COM.
13
PLAINTS AND CONDUCT INVESTIGATIONS
14
FOR NON-H-1B-DEPENDENT EMPLOYERS
15
(a) IN GENTRAL-Settion 213(n)(2)(A) of the Im.
16 migration and Nationality Act (8 U.S.C. 1182(a)(2)(A))
17 is amended
18
(1) in the second sentence, by striking the pe-
19
riod at the end and inserting the following: ", except
20
that the Secretary may only sile such a complaint re-
21
specting an H-1B-dependent employer (as defined
22
in paragraph (3)), and only if there appears to be
23
a violation of an attestation or a misrepresentation
24
of a material fact in an application."; and
April 28, 1988
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as
010
98°61'11
H.L.C.
9
1
(B) by inserting after the second sentence
2
the following: "Except as provided in subpara-
3
graph (F) (relating w spot investigations dur-
4
ing probationary period), no investigation or
5
hearing shall be conducted with respect to an
6
employer except in response to a complaint filed
7
under the previous sentence.".
8
(b) DEFINITIONS-Section 212(u)(3) of the Immi-
9 gration and Nationality Art (S U.S.C. 1182(n)(2)), as
10 added by section 3, is amended—
11
(1) by redesignating subparagraphs (A), (B),
12
and (C) as subparagraphs (B), (C), and (E), respec-
13
tively;
14
(2) by inserting after "purposes of this sub-
15
section:" the following
16
"(A) The LETTS H-1B-dependent employer'
17
means an employer that-
18
"(j)(I) has fewer than 21 full-time equiva-
19
lant employees who are employed in the United
20
States; and (II) employs 4 or more H-18 asn-
21
immigrants; or
22
"(ii)(I) has at least 21 but not more than
23
150 full-time equivalent employees who are em.
24
ployed in the United States; and (II) employs
25
H-1B nonimmigrants in & number that is equal
4018 a. 1998
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rin
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8
1
to at least 20 percent of the number of such
2
full-time equivalent employees; or
3
"(iii)(I) has at least 151 full-time equiva.
4
lent employees who LIE employed in the United
S
States; and (II) employs H-1B nonimmigrants
6
in & number that is equal to at least 15 percent
7
of the number of such full-time equivalent em-
a
playees.
9
In applying this subparagraph, any group treated as
10
a single employer under subsection (b), (c), (m), or
11
(o) of section 414 of the Internal Revenue Code of
12
1986 shall be treated 83 2 single employer. Aliens
13
employed under a petition for H-1B nonimmigrants
14
shall be treated as employees, and counted as non-
15
Immigrants under section 101(a)(15)(H)(i)(b) under
16
this subparagraph."; and
17
(3) by inserting after subparagraph (C) (as so
18
redesignated) the following:
19
"(D) The term 'nou.H-1B-dependent employer'
20
means an employer that is not an H-1B-dependent
21
employer.".
22 SEC. 8. INCREASED ENFORCEMENT AND PENALTIER
23
(a) IN GENERAL-Section 212(n)(2)(C) of the Ira-
24 migration and Nationality Act (8 U.S.C. 1182(n)(2)(C))
25 is amended to read as follows:
April 28, 1653
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9
1
"(C)(i) If the Secretary tinds, after notice and oppor-
2 minity for a hearing, 8 failure to meet a condition of para-
3 graph (1)(B) or (1)(E), a substantial failure to meet &
4 condition of paragraph (1)(C), (1)(D), or (1)(F), ur 8 mis-
S representation of material fact in an application-
6
"(I) the Sceretary shall notify the Attorney
7
General of such finding and may, in addition, im-
8
pose such other administrative remedies (including
9
civil monetary penalties in an amount not to exceed
10
$1,000 per violation) as the Secretary determines to
11
be appropriate; and
12
"(II) the Aftorney General shall not approve
13
petitions filed with respect to that employer under
14
section 204 or 214(t) during & period of at least 1
15
year for aliens to be employed by the employer.
16
"(ü) If the Secretary finds, after notice and oppor-
17 runity for a hearing, a willful failure to meet a condition
18 of paragraph (1) or a willful misrepresentation of material
19 fact in an application-
20
"(I) the Secretary shall notify the Attorney
21
General of such finding and may, in addition, ica-
22
pose such other administrative remedies (including
23
civil monetary penalties is NH amount not to exceed
24
$5,000 per violation) as the Secretary determines to
25
be appropriate; and
April 28. 1985
APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON. D.
P. 13/15
UAS
06°28'10 WEIVING
1-068 P.00/10 P-018
K.L.C.
10
-
"(I) the Attorney General shall not approve
2
petitions filed with respect to that employer under
3
section 204 or 214(c) during & period of at least 1
4
year for aliens to be employed by the employer.
$
"(iii) If the Secretary finds, after notice and oppor-
6 tunity for & hearing, a willful failure to meet a condition
7 of paragraph (1) or a willful misrepresentation of material
8 tact in an application, in the course of which failure or
9 misrepresentation the employer also has failed to meet a
10 condition of paragraph (1)(E)-
11
"(I) the Secretary shall notify the Altorney
12
General of such finding and may, in addition, im-
13
pose such other adininistrative remedies (including
14
civil monetary penalties in an amount not to exceed
15
$25,000 per violation) as the Secretary determines
16
to be appropriate; and
17
"(Д) the Anorney General shall not approve
18
petitions filed with respect to that employer under
19
section 204 or 214(c) during a period of ME least 2
20
years for aliens to be employed by the employer."
21
(b) PLACEMENT OF H-1B NONIMATERANT WITH
22 OTHER EMPLOYER.-Saation 212(n)(8) of the Immigra-
23 tion and Nationality Act (8 U.S.C. 1183(n)(2)) is amend.
24 ed by adding at the end the following:
April 2A. 1995
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FROM:GAYMON, D.
P. 14/15
1918
HLC.
11
1
"(E) Under regulations of the Secretary, the previous
2 provisions of this paragraph shall apply to a failure of ND
3 other employer to comply with an attestation described in
4 paragraph (1)(E)(iii) in the same manner as they apply
5 to d failure to comply with a condition described in para.
6 graph (1)(E)(i),"
7
(c) SPOT INVESTIGATIONS DURING PROBATIONARY
8 PERIOD.Saction 212(n)(2) of the Immigration and Na-
9 tionality Act (8 U.S.C. 1182(=)(2)), as amended by rub-
10 section (b), is further amended by adding At the end the
11 following:
12
"(F) The Secretary may, on & case-by-case basis,
13 subject an employer to random investigations for 8 period
14 of up to 5 years, beginning on the date that the employer
15 is found by the Secretary to have committed & willful fail-
16 ure to meet a condition of paragraph (1) or to have made
17 a misrepresentation of material fact in an application The
18 preceding sentence shall apply to an employer regardless
19 of whether the employer is M.O. H-1B-dependent employer
20 or * non-H-1B-dependent employer. The authority of the
21 Secretary under this subparagraph shall not be construed
22 to be subject to, or limited by, the requirements of sub-
23 paragraph (A).".
son 23.
APR-29-1998 11:41 TO:410 JULIE FERNANDES
FROM:GAYMON, D.
P.15/15
E
013
-
HLC.
12
1 BEC. 1. EFFECTIVE DATE.
2
The amendments made by this ACt shall take effect
3 on the date of the enactment of this Act and shall apply
4 to applications filed with the Secretary at Labur 80 or
S after 30 days after the date of the enactment of this Act,
6 except that the amendments made by section 2 shall apply
7 to applications filed with such Secretary before, on, or
8 after the date of the enactment of this Act.
AMN n 1000
SEC. 7. IMPOSITION AND USE OF FEE.
Section 214 (c) (1) of the Immigration and Nationality Act (8
U>S>C> 1184 (c) (1)) is amended by adding at the end the following:
"The Attorney General shall impose a special fee on each employer
filing a petition to import an alien as a nonimmigrant described
in section 101 (a) (15) (H) (i) (b) The fee shall equal $250 for
each such nonimmigrant for whom a petition 26 filed. The Attorney
General shall deposit all fees collected under the preceding
sentence in a fund established for this purpose in the Treasury
of the United States. All such amounts 0f the amounts deposited,
80 percent shall be available, in such amounts and under such
conditions as may be provided in advance in appropriations Acts,
until expended to the Secretary of Labor for the purposes of
carrying out providing training and related activities to assist
in preparing workers for employment in industries skill
needs under part II of title IV of the Job Training Partnership
Act (29 U.S.C. 1501 et seq.) and 20 percent shall be available
mini expended to the Secretary of Education-to carry
Hopes Partnership grants imilar prog am author zed under
the-Higher Education ACCOUNT 1965 to assist in preparing: tudents
ow-income commities to/prepare for, enter and successfully
complete college the minority science and engineering
improvement programs under part B of title X of the Higher
Education Act of 1965 (20 U.S.C. 1135b et seq.)
S:\opr\dpld\legis\lefgren2.wpd
IDMENTS EFFECTIVE 7/1/93]
368
369
JTPA #2 [INCLUDING AMENDMENTS EFFECTIVE 7/1/93) Sec. 451
authority contained in this
job-training, on-the-job training and educational opportunities
under this Act, under title 38, United States Code, and under
ecessary to obtain an item, serv-
other provisions of law.
is required in the proper admin-
(b)(1) The Secretary shall administer programs supported
and which otherwise could not be
under this part through the Assistant Secretary for Veterans' Em-
t be obtained in the quantity or
ployment.
the time, in the form or under
(2) In carrying out responsibilities under this part, the Assist-
:h it is needed; and
ant Secretary for Veterans' Employment shall-
ing given written notification to
(A) be responsible for the awarding of grants and the dis-
General Services (if the exercise
tribution of funds under this part and for the establishment of
ild affect an activity which other-
appropriate fiscal controls, accountability, and program-per-
the jurisdiction of the General
formance standards for grant recipients under this part; and
ion) of the Secretary's intention
(B) consult with the Secretary of Veterans Affairs and take
ority, the item, service, or facility
steps to ensure that programs supported under this part are
1 such authority is proposed to be
coordinated, to the maximum extent feasible, with related pro-
easons and justifications for the
grams and activities conducted under title 38, United States
brity.
Code, including programs and activities conducted under sub-
82, P.L. 97-300, 96 Stat. 1379.
chapter IV of chapter 3 of such title, chapters 31 and 34 of
such title, and sections 612A, 620A, 1787, and 2003A of such
TIONS
title.
thorized to accept on behalf of the
(29 U.S.C. 1721) Enacted October 13, 1982, P.L. 97-300, 96 Stat. 1380; amended
>S centers charitable donations of
June 13, 1991, P.L. 102-54. sec. 13(k)(2)(C), 105 stat. 276..
ng but not limited to, equipment
PART D-NATIONAL ACTIVITIES
are available for appropriate use
bart.
NATIONAL PARTNERSHIP AND SPECIAL TRAINING PROGRAMS
182, P.L. 97-300, 96 Stat. 1380.
SEC. 451. (a) STATEMENT OF PURPOSE.-It is the purpose of this
section to-
MPLOYMENT PROGRAMS
(1) improve access to employment and training opportunities
AUTHORIZED
for individuals with special needs;
(2) help alleviate skill shortages and enhance the competi-
tary shall conduct, directly or
tiveness of the labor force;
ims to meet the employment and
(3) meet special training needs that are best addressed on a
ed disabled veterans, veterans of
multistate or industry-wide basis; and
who are recently separated from
(4) encourage the participation and support of all segments
of society to further the purposes of this Act.
ler this part may be conducted
(b) PROGRAM AUTHORIZED.-The Secretary may establish a sys-
vate nonprofit organizations, in-
tem of, and award, special grants to eligible entities to carry out
ovisions of this Act that the Sec-
programs that are most appropriately administered at the national
rstanding of the unemployment
level.
arity with the area to be served,
(c) PROGRAMS.-Programs that are most appropriately adminis-
effectively a program of employ-
tered at the national level include-
uch veterans.
(1) partnership programs with national organizations with
r this part shall include, but not
special expertise in developing, organizing, and administering
employment and training programs at the national, State, and
services provided veterans by
local levels, such as industry and labor associations, public in-
t and training services funded by
terest groups, community-based organizations representative of
ment;
groups that encounter special difficulties in the labor market,
mployment and training services
and other organizations with special knowledge or capabilities
ely provided by other public em-
in education and training;
providers; and
(2) programs that-
information activities to develop
(A) address industry-wide skill shortages;
ad job training opportunities for
(B) meet training needs that are best addressed on a
uch veterans about employment,
multistate basis; and
Sec. 452 JTPA #2 [INCLUDING AMENDMENTS EFFECTIVE 7/1/93]
370
(C) further the goals of increasing the competitiveness of
the United States labor force; and
(3) programs that require technical expertise available at the
national level to serve specialized needs of particular client
groups, including at-risk youth, offenders, individuals of lim-
ited-English language proficiency, individuals with disabilities,
women, immigrants, single parents, substance abusers, dis-
placed homemakers, youth, older individuals, veterans, school
dropouts, public assistance recipients, and other individuals
who the Secretary determines require special assistance.
(29 U.S.C. 1731) Enacted September 7. 1992, P.L. 102-367, sec. 403(a), 106 Stat
1077.
RESEARCH, DEMONSTRATION, AND EVALUATION
SEC. 452. (a) STATEMENT OF PURPOSE.-It is the purpose of this
section to assist the United States in expanding employment oppor-
tunities and ensuring access to such opportunities for all who de-
sire such opportunities.
(b) PROGRAM ESTABLISHED.-
(1) IN GENERAL.-The Secretary shall establish a comprehen-
sive program of training and employment research, utilizing
the methods, techniques, and knowledge of the behavioral and
social sciences and such other methods, techniques, and knowl-
edge as will aid in the solution of the employment and training
problems of the United States.
(2) STUDIES.-The program established under this section
may include studies concerning-
(A) the development or improvement of Federal, State,
local, and privately supported employment and training
programs;
(B) labor market processes and outcomes, including im-
proving workplace literacy;
(C) policies and programs to reduce unemployment and
the relationships of the policies and programs with price
stability and other national goals;
(D) productivity of labor;
(E) improved means of using projections of labor supply
and demand, including occupational and skill require
ments and areas of labor shortages at the national and
subnational levels;
(F) methods of improving the wages and employment op-
portunities of low-skilled, disadvantaged, and dislocated
workers, and workers with obsolete skills;
(G) methods of addressing the needs of at-risk popu-
lations, such as youth, homeless individuals and other de-
pendent populations, older individuals, and other groups
with multiple barriers to employment;
(H) methods of developing information on immigration,
international trade and competition, technological change,
and labor shortages; and
(I) methods of easing the transition from school to work,
from transfer payment receipt to self-sufficiency, from one
job to another, and from work to retirement.
(c) PILOT AND DEMONSTRATION PROGRAMS.-
MENTS EFFECTIVE 7/1/93]
370
371
JTPA #2 [INCLUDING AMENDMENTS EFFECTIVE 7/1/93] Sec. 452
creasing the competitiveness of
(1) PROGRAM ESTABLISHED.-
e; and
(A) IN GENERAL-The Secretary shall establish a pro-
nical expertise available at the
gram of pilot and demonstration programs for the purpose
zed needs of particular client
of developing and improving techniques and demonstrating
, offenders, individuals of lim-
the effectiveness of specialized methods in addressing em-
y, individuals with disabilities,
ployment and training needs. The Secretary may award
rents, substance abusers, dis-
grants and enter into contracts with entities to carry out
er individuals, veterans, school
the programs.
ripients, and other individuals
(B) PROJECTS.-Such programs may include projects in
equire special assistance.
such areas as-
2. P.L. 102-367, sec. 403(a), 106 Stat.
(i) school-to-work transition;
(ii) new methods of imparting literacy skills and
ON, AND EVALUATION
basic education;
(iii) new training techniques (including projects un-
POSE.-It is the purpose of this.
dertaken with the private sector);
1 expanding employment oppor-
(iv) methods to eliminate artificial barriers to em-
h opportunities for all who de-
ployment;
(v) approaches that foster participation of groups
that encounter special problems in the labor market
ry shall establish a comprehen-
(such as displaced homemakers, teen parents, welfare
employment research, utilizing
recipients, and older individuals);
nowledge of the behavioral and
(vi) processes that demonstrate effective methods for
nethods, techniques, and knowl-
alleviating the adverse effects of dislocations and plant
of the employment and training
closings on workers and their communities; and
(vii) cooperative ventures among business, industry,
established under this section
labor, trade associations, community-based organiza-
tions or nonprofit organizations to develop new and
improvement of Federal, State,
cost-effective approaches to improving work force lit-
rted employment and training
eracy.
(2) EVALUATION COMPONENT-Demonstration programs as-
es and outcomes, including im-
sisted under this subsection shall include a formal, rigorous
evaluation component. Pilot programs assisted under this sub-
S to reduce unemployment and
section shall include an appropriate evaluation component.
licies and programs with price
(3) SPECIAL RULE.-No demonstration program under this
goals;
subsection shall be assisted under this section for a period of
more than 7 years. No pilot program under this subsection
sing projections of labor supply
shall be assisted under this section for a period of more than
:cupational and skill require-
3 years.
shortages at the national and
(d) EVALUATION.-
(1) PROGRAMS.-
the wages and employment op-
(A) JOB TRAINING PROGRAMS.-The Secretary shall pro-
disadvantaged, and dislocated
vide for the continuing evaluation of programs conducted
bsolete skills;
under this Act, including the cost effectiveness of the pro-
g the needs of at-risk popu-
gram in achieving the purposes of this Act.
eless individuals and other de-
(B) OTHER PROGRAMS.-The Secretary may conduct eval-
individuals, and other groups
uations of other federally funded employment-related ac-
ployment;
tivities including programs administered under-
g information on immigration,
(i) the Wagner-Peyser Act (29 U.S.C. 49 et seq.):
petition, technological change,
(ii) the National Apprenticeship Act (29 U.S.C. 50 et
seq.);
transition from school to work,
(iii) the Older Americans Act of 1965 (42 U.S.C.
pt to self-sufficiency, from one
3001 et seq.);
k to retirement.
(iv) chapter 2 of title II of the Trade Act of 1974 (19
GRAMS.-
U.S.C. 2271 et seq.); and
Sec. 453 JTPA #2 [INCLUDING AMENDMENTS EFFECTIVE 7/1/93]
372
(v) the Federal unemployment insurance program
under titles III, IX, and XII of the Social Security Act
(42 U.S.C. 501 et seq., 1101 et seq., and 1321 et seq.).
(2) TECHNIQUES.-
(A) METHODS.-Evaluations conducted under paragraph
(1) shall utilize sound statistical methods and techniques
of the behavioral and social sciences, including random as-
signment methodologies if feasible.
(B) ANALYSIS.-Such evaluations may include cost-bene-
fit analysis of programs, the impact of the programs on
community and participants, the extent to which pro-
grams meet the needs of various demographic groups, and
the effectiveness of the delivery systems used by various
programs.
(C) EFFECTIVENESS.-The Secretary shall evaluate the
effectiveness of programs authorized under this Act with
respect to-
(i) the statutory goals;
(ii) the performance standards established by the
Secretary; and
(iii) the extent to which such programs enhance the
employment and earnings of participants, reduce in-
come support costs, improve the employment com-
petencies of participants in comparison to comparable
persons who did not participate in such programs,
and, to the extent feasible, increase the level of total
employment over the level that would have existed in
the absence of such programs.
(29 U.S.C. 1732) Enacted September 7, 1992, P.L. 102-367, sec. 402(a)(2), 106 Stat.
1078.
CAPACITY BUILDING, INFORMATION, DISSEMINATION, AND
REPLICATION ACTIVITIES
SEC. 453. (a) NATIONAL STRATEGY.-The Secretary shall develop
a national strategy for carrying out the activities described in sub-
section (b)(2) and the replication of programs described in sub-
section (c), and shall ensure the implementation of the national
strategy.
(b) NETWORK-
(1) ESTABLISHMENT.-
(A) IN GENERAL.-The Secretary shall establish a Capac-
ity Building and Information and Dissemination Network
(referred to in this section as the "Network") to enhance
the effectiveness of and to strengthen the caliber of serv-
ices provided through programs authorized under this Act
and other Federal, State, and local employment and train-
ing programs.
(B) ADMINISTRATION-The Secretary shall establish and
maintain such Network-
(i) directly;
(ii) under an interagency agreement; or
(iii) through a grant or contract awarded on a com-
petitive basis to a single entity, or to a system of enti-
MENTS EFFECTIVE 7/1/93]
372
373
JTPA #2 [INCLUDING AMENDMENTS EFFECTIVE 7/1/93] Sec. 453
nployment insurance program
ties coordinated by the Secretary, with appropriate ex-
1 XII of the Social Security Act
pertise.
1101 et seq., and 1321 et seq.).
(2) ACTIVITIES.-The Network shall-
(A) provide, coordinate, and support the development of,
ns conducted under paragraph
appropriate training, technical assistance, staff develop-
istical methods and techniques
ment, and other activities that will-
sciences, including random as-
(i) enhance the skills, knowledge, and expertise of
easible.
the personnel who staff employment and training and
uations may include cost-bene-
other closely related human service systems, including
he impact of the programs on
service providers;
its, the extent to which pro-
(ii) improve the quality of services provided to indi-
trious demographic groups, and
viduals served under this Act and other Federal em-
livery systems used by various
ployment and training programs and encourage inte-
grated service delivery under such programs using-
e Secretary shall evaluate the
(I) where cost effective, interactive communica-
authorized under this Act with
tion systems and satellite technology; and
(II) where possible, staff trained in a variety of
;
Federal human resource programs;
standards established by the
(iii) improve the planning, procurement, and con-
tracting practices pursuant to this Act; and
ich such programs enhance the
(iv) provide broad human services policy and plan-
ings of participants, reduce in-
ning training to-
mprove the employment com-
(I) private industry council volunteers; and
ts in comparison to comparable
(II) where appropriate, members of State
participate in such programs,
human resource investment councils and other
sible, increase the level of total
evel that would have existed in
State councils;
(B) prepare and disseminate staff training curricula and
grams.
materials, primarily using computer-based technologies,
2. P.L. 102-367, sec. 402(a)(2), 106 Stat.
for employment and training professionals and support
staff, that focus on enhancing staff competencies and pro-
TION, DISSEMINATION, AND
fessionalism, including instruction on the administrative
ACTIVITIES
requirements of this Act, such as procurement and con-
tracting standards and regulations; and
Y.-The Secretary shall develop
(C)(i) identify, develop, disseminate, and provide training
t the activities described in sub-
in the techniques learned from, innovative and successful
of programs described in sub-
program models, materials, methods, and information, by
implementation of the national
using computer-based technologies for organizing a data
base and dissemination and communication system for the
Network, and establishing a computer-based communica-
tions and dissemination methodology to share information
cretary shall establish a Capac-
among employment and training personnel and institu-
on and Dissemination Network
tions; and
1 as the "Network") to enhance
(ii) in identifying such program models, ensure that con-
strengthen the caliber of serv-
sideration shall be given to-
rams authorized under this Act
(I) the size and scope of the program;
nd local employment and train-
(II) the length of time that the program has been op-
erating,
1e Secretary shall establish and
(III) the nature and reliability of measurable out-
comes for the program;
(IV) the capacity of the sponsoring organization to
ncy agreement; or
provide the technical assistance necessary for States
or contract awarded on a com-
and service delivery areas to replicate the program;
e entity, or to a system of enti-
and