text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``New Economy Workforce Act''.
  
  SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS.
  
      Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
  1153(e)(1)) is amended--
              (1) by striking ``(1) Immigrant visas'' and inserting 
          ``(1)(A) Subject to the succeeding provisions of this 
          paragraph, immigrant visas''; and
              (2) by adding at the end the following:
      ``(B)(i) An immigrant visa may be made available under paragraph 
  (1), (2)(B), (3), or (4) of subsection (a) to an alien who--
              ``(I) does not have a bachelor's degree (or higher degree) 
          only if there is no qualified individual to whom such a visa 
          may be made available under the respective paragraph who has 
          such a degree; or
              ``(II) is not a high school graduate only if there is no 
          qualified individual to whom such a visa may be made available 
          under the respective paragraph who has a bachelor's degree (or 
          higher degree) or who is a high school graduate.
      ``(ii) For purposes of clause (i)--
              ``(I) the term `bachelor's degree' includes a foreign 
          degree that is a recognized foreign equivalent of a bachelor's 
          degree; and
              ``(II) the term `high school graduate' means an individual 
          who has successfully completed either a 12-year course of 
          elementary and secondary school study in the United States or a 
          formal course of elementary and secondary school study abroad 
          equivalent to a 12-year course of elementary and secondary 
          school study in the United States.
      ``(iii) The determination of educational status under clause (i) 
  shall be made using the most recent evidence with respect to 
  educational credentials proffered by the alien.''.
  
  SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS.
  
      Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
  1153(a)(2)) is amended to read as follows:
              ``(2) Requirement of education.--
                      ``(A) In general.--An alien is not eligible for a 
                  visa under this subsection unless the alien has a 
                  bachelor's degree (or higher degree).
                      ``(B) Definition.--For purposes of subparagraph 
                  (A), the term `bachelor's degree' includes a foreign 
                  degree that is a recognized foreign equivalent of a 
                  bachelor's degree.''.
  
  SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO 
                DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND 
                VERIFICATION OF EDUCATIONAL CREDENTIALS.
  
      Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) 
  is amended by adding at the end the following:
      ``(h) Determinations With Respect to Foreign Degree Equivalence.--
  For purposes of subsections (c)(2) and (e)(1)(B), in the case of an 
  alien obtaining a foreign degree, or completing a foreign course of 
  elementary and secondary school study, any determination with respect 
  to the equivalence of that degree or course of study to a degree 
  obtained, or a course of study completed, in the United States shall be 
  made by the Secretary of State. In carrying out the preceding sentence, 
  the Secretary of State shall verify the authenticity of any foreign 
  educational credential proffered by an alien.''.
  
  SEC. 5. ADMINISTRATIVE OBLIGATIONS.
  
      (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later 
  than 90 days after the date of the enactment of this Act, the Secretary 
  of State, in consultation with the Attorney General, shall promulgate 
  regulations regarding the allocation of immigrant visas, made available 
  under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the 
  Immigration and Nationality Act, pursuant to the amendments made by 
  this Act.
      (b) Determinations With Respect to Foreign Degrees.--
              (1) In general.--Not later than 90 days after the date of 
          the enactment of this Act, the Secretary of State, in 
          consultation with the Attorney General and the Secretary of 
          Education, shall promulgate regulations to carry out section 
          203(h) of the Immigration and Nationality Act (as added by 
          section 4).
              (2) Imposition of fee.--Such regulations may permit the 
          Secretary of State to charge and collect a processing and 
          verification fee, to be set at a level that will ensure 
          recovery of the full costs incurred in carrying out such 
          section 203(h).
              (3) Use of fee.--There is established in the general fund 
          of the Treasury a separate account, which shall be known as the 
          ``Foreign Degree Equivalence Account''. Notwithstanding any 
          other provision of law, there shall be deposited as offsetting 
          receipts into the account all fees collected pursuant to 
          paragraph (2). Amounts deposited into the account shall remain 
          available to the Secretary of State until expended to carry out 
          section 203(h) of the Immigration and Nationality Act (as added 
          by section 4).
      (c) Other Regulations.--Except as provided in subsections (a) and 
  (b), not later than 90 days after the date of the enactment of this 
  Act, the Attorney General, in consultation with the Secretary of State 
  and the Secretary of Education, shall promulgate regulations 
  implementing the amendments made by this Act.
      (d) Forms.--Not later than 90 days after the date on which 
  regulations are promulgated under subsections (a) through (c), the 
  Attorney General and the Secretary of State shall each make available 
  revised forms, as appropriate, that prominently include instructions 
  regarding procedures for establishing an alien's level of educational 
  attainment for purposes of the amendments made by this Act. Such forms 
  shall include appropriate forms for supplementing prior submissions.
  
  SEC. 6. EFFECTIVE DATE.
  
      The amendments made by this Act shall apply to immigrant visas made 
  available under section 203(a) of the Immigration and Nationality Act 
  on or after the date that is 180 days after the date of the enactment 
  of this Act, and immigrant visas made available under section 203(c) of 
  such Act on or after October 1, 2002, regardless of the date any 
  classification petition under section 204 of such Act may have been 
  filed.
target: Requires diversity immigrants to have at least a bachelor's degree.
  Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.
feat_title: New Economy Workforce Act