H-1B Immigration Amendments May Be Offered To ESEA

Confusion appeared to reign on Capitol Hill Monday, after a failed attempt by Senate Republicans and Democrats late last Thursday to solidify a tentative unanimous consent agreement on legislation to increase the number of H-1B visas granted to skilled foreign workers.

Indeed, sources on both sides of the aisle had differing takes on what led to the derailment of the talks and on the likelihood that an initial consent agreement will form the basis for any new deal the Senate might strike this week on the H-1B issue.

Both sides concurred that Senate Majority Leader Lott and Senate Minority Leader Daschle late Thursday had agreed to accept a time limited debate on five relevant amendments from each side to the H-1B bill--a significant cut from the 10 amendments the minority initially requested.

As the August recess looms, sources said the two sides had begun last week to seek a face-saving and practical solution to the political and procedural impasse of the H-1B bill, a top legislative priority for the tech industry.

The deal also would have brought closure to those arguing for votes on ancillary immigration issues important to African-American and Latino groups.

Negotiations on the H-1B bill are expected to resume some time this week--although even some ardent supporters of the legislation expressed doubt Monday about a resolution before the recess.

While the H-1B bill is straightforward and popular with members on both sides of the aisle, the waters have become muddied over the insistence by the White House and Democrats to take it up in conjunction with unrelated immigration proposals designed to benefit Haitians and Central Americans. The GOP leadership is reluctant to adopt that plan, out of concern they will get a bad rap on Hispanic issues.

Both Lott and Daschle also reportedly agreed Thursday that those controversial immigration proposals could be offered as amendments to the Elementary and Secondary Education Act -- a measure whose prospects look dim, according to sources.

A spokeswoman for Daschle said she was unsure whether the agreement was ever hotlined. But she and other Democratic sources insisted Monday that the entire Democratic Caucus was united behind the deal.

However, some Senate Republican sources asserted that Thursday's deal collapsed because it was not presented until the last vote of the day, at which point many senators had left. According to these sources, there appeared to be confusion and reservations on both sides of the aisle about the arrangement.

Sources said the Democratic Caucus is divided both strategically and ideologically over the ancillary immigration proposals. And some Democrats reportedly are wary of giving the GOP an opportunity to claim a high tech victory just as the Republican National Convention is getting under way.

Banking Chairman Gramm thought the deal "would have allowed quite a bit of extraneous material ... on H-1B and other legislation, as well," a spokesman said Monday. "He didn't want a relatively straightforward H-1B bill to become carte blanche for other immigration proposals," the spokesman added.

While Democratic leaders reportedly oppose tinkering too much with the arrangement reached Thursday, a Daschle spokeswoman said Democrats are open to alternate vehicles for moving the immigration proposals. "We would take any vehicle," she said.

A Senate GOP aide agreed Monday that the point may remain open for discussion. "ESEA [as a vehicle] -- you can't rule it in, you can't rule it out," the aide said.

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