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Eilberg Amendment (1976) (edit)

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To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns":  
To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns":
[[File:Labor-certification-provision-equally-qualified-American-workers.png|center|thumb|Sponsoring committee's "concerns" about Labor Certification Provision; amendment requiring Secretary of Labor to determine that "equally qualified" American workers are available in order to deny a labor certification.]]
 
<blockquote>
 
[[File:Labor-certification-provision-equally-qualified-American-workers.png|thumb|Sponsoring committee's "concerns" about Labor Certification Provision; amendment requiring Secretary of Labor to determine that "equally qualified" American workers are available in order to deny a labor certification.]]
 
This legislation retains the labor certification provision with one minor modification and extends it equally to third and sixth and nonpreference applicants from both hemispheres.
 
The Committee continues to be disturbed by the administration of the labor certification requirement by the Department of Labor and plans to review this entire program during the next Congress. The Committee, however, is particularly troubled by the rigid interpretation of this section of law as it pertains to research scholars and exceptional members of the teaching profession. <span class="highlight">More specifically, the Committee believes that the Department of Labor has impeded the efforts of colleges and universities to acquire outstanding educators or faculty members who possess specialized knowledge or a unique combination of administrative and teaching skills. As a result, this legislation includes an amendment to section 212(a) (14) which requires the Secretary of Labor to determine that "equally qualified" American workers are available in order to deny a labor certification for members of the teaching profession or for those who have exceptional ability in the arts and sciences.<span>
 
The Committee expects the Department of Labor to work closely with persons of specialized competence from industry, government and institutions of higher education in developing appropriate standards and criteria to carry out the purpose of this amendment. In addition, consideration should be given to the establishment of an "ad advisory group, which would be consulted by the Secretary of Labor in difficult cases.
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==The "Special Handling" Process==
==The "Special Handling" Process==
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{{#widget:Tweet|id=1449761477594804228}}
{{#widget:Tweet|id=1449761477594804228}}
{{#widget:Tweet|id=1453996128412717057}}
{{#widget:Tweet|id=1453996128412717057}}
{{#widget:Tweet|id=1617623568145350656}}
 
 
{{Tweet
|image=Eric profile picture.jpg
|nameurl=https://x.com/EricRWeinstein/status/1617626399615119361
|name=Eric Weinstein
|usernameurl=https://x.com/EricRWeinstein
|username=EricRWeinstein
|content=<nowiki>*</nowiki>bred. 🙏
|thread=
{{Tweet
|image=Eric profile picture.jpg
|nameurl=https://x.com/EricRWeinstein/status/1617623568145350656
|name=Eric Weinstein
|usernameurl=https://x.com/EricRWeinstein
|username=EricRWeinstein
|content=We’ve been trying to destroy US scientists’ freedom &amp; their research universities for ~60 years.
 
[[Peer Review|Peer Review 1965]]</br>
[[Mansfield Amendment (1969)|Mansfield Amendment 1969]]</br>
[[Eilberg Amendment (1976)|Eilberg Amendment 1976]]</br>
[[Bayh-Dole Act (1980)|Bayh-Dole Act 1980]]</br>
[[IMMACT90|IMMACT90 1990]]</br>
SSC Cancelation 1993</br>
ADEA Faculty Uncapping 1993</br>
Dear Colleague Letter 2011</br>
DEI 2017
|quote=
{{Tweet
|image=MarioNawfal-profile.jpg
|nameurl=https://x.com/MarioNawfal/status/1617596488502370304
|name=Mario Nawfal
|usernameurl=https://x.com/MarioNawfal
|username=MarioNawfal
|content=When a successful polio vaccine candidate was introduced in 1953, it made its developer a minor celebrity.
 
In 1960, Time magazine’s “Man of the Year” was awarded to “US Scientists.”
 
What used to be people’s celebrity in the 1950s is seen by many as a villain today.
 
Why?
|timestamp=6:53 PM · Jan 23, 2023
}}
|timestamp=8:41 PM · Jan 23, 2023
}}
{{Tweet
|image=Eric profile picture.jpg
|nameurl=https://x.com/EricRWeinstein/status/1617625356416192512
|name=Eric Weinstein
|usernameurl=https://x.com/EricRWeinstein
|username=EricRWeinstein
|content=You are looking at domesticated Scientists that were bread over almost 60 years from Wild Type scientists.
 
It’s not that there is no connection. But the difference between a wolf &amp; a poodle can be significant. One is fiercely independent. One needs obedience to be fed regularly.
|timestamp=8:48 PM · Jan 23, 2023
}}
{{Tweet
|image=Eric profile picture.jpg
|nameurl=https://x.com/EricRWeinstein/status/1617625358454644738
|name=Eric Weinstein
|usernameurl=https://x.com/EricRWeinstein
|username=EricRWeinstein
|content=And inside every domesticated animal lies an unkillable dream of being wild and free again. That’s why occasionally my dog brings me a squirrel or still pees on territory while on a leash.
 
Your real scientists want to hunt again. They need to be reintroduced into the wild. Now.
|timestamp=8:48 PM · Jan 23, 2023
}}
{{Tweet
|image=Eric profile picture.jpg
|nameurl=https://x.com/EricRWeinstein/status/1617626351154114560
|name=Eric Weinstein
|usernameurl=https://x.com/EricRWeinstein
|username=EricRWeinstein
|content=Here is the simple point:
 
You can have scientists you trust.
 
You can have scientists you control.
 
And you can pick only one of the above options.
 
You’re getting angry at wolves you bred into obedience to non-scientific masters who have no idea what they are doing. That’s why.
|timestamp=8:52 PM · Jan 23, 2023
}}
|timestamp=8:52 PM · Jan 23, 2023
}}


==On Youtube==
==On Youtube==
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Archived communication between the then acting Secretary of Labor and James T Lynn, then Director of the Office of Management and Budget, puts forward concerns expressed by the Secretary of Labor at the time that the amendment was being considered:
Archived communication between the then acting Secretary of Labor and James T Lynn, then Director of the Office of Management and Budget, puts forward concerns expressed by the Secretary of Labor at the time that the amendment was being considered:


[[File:Secretary-of-Labor-Concern-1.png|thumb|Acting Secretary of Labor's Letter, p. 1]]
[[File:Secretary-of-Labor-Concern-1.png|100px|thumb|Acting Secretary of Labor's Letter, p. 1]]
[[File:Secretary-of-Labor-Concern-2.png|thumb|Acting Secretary of Labor's Letter, p. 2]]
[[File:Secretary-of-Labor-Concern-2.png|100px|thumb|Acting Secretary of Labor's Letter, p. 2]]


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This provision may have the effect of requiring the Secretary of Labor to certify the admission of alien teachers in many instances where qualified U.S. teachers are available but "more qualified" alien teachers are involved.
This provision may have the effect of requiring the Secretary of Labor to certify the admission of alien teachers in many instances where qualified U.S. teachers are available but "more qualified" alien teachers are involved.


'''Except in the case of certain persons of exceptional merit and ability, the Department of Labor does not believe that aliens should be admitted if "qualified" U.S. workers are available.'''
<span class="highlight">Except in the case of certain persons of exceptional merit and ability, the Department of Labor does not believe that aliens should be admitted if "qualified" U.S. workers are available.<span>


We note that under the bill the Secretary would not certify aliens for employment if there were sufficient workers of that type available for work at the place where the alien will work. In our view, the bill does not substantially differ from the Department's present interpretation of the permissible area of consideration for the determination of the availability of US workers. However, '''we are concerned that this may be construed as permitting employers to ignore U.S. workers who are willing and available to relocate.'''
We note that under the bill the Secretary would not certify aliens for employment if there were sufficient workers of that type available for work at the place where the alien will work. In our view, the bill does not substantially differ from the Department's present interpretation of the permissible area of consideration for the determination of the availability of US workers. However, <span class="highlight">we are concerned that this may be construed as permitting employers to ignore U.S. workers who are willing and available to relocate.<span>
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This concern foreshadows the criticism Eric puts forward in his analysis, but does not seem to have been addressed before the amendment was passed.  
This concern foreshadows the criticism Eric puts forward in his analysis, but does not seem to have been addressed before the amendment was passed.


Emphases in '''bold''' in the quoted paragraph above are ours.
Highlights in the quoted paragraph above are ours.


==References==
==References==
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* [http://users.nber.org/~sewp/references/archive/weinsteinIssuesofLegislation.pdf Issues of Legislation and Merit in Scientific Labor Markets]
* [http://users.nber.org/~sewp/references/archive/weinsteinIssuesofLegislation.pdf Issues of Legislation and Merit in Scientific Labor Markets]


==See Also==
==Related Pages==


* [[The Evolution of U.S. Science and Defense Research Policies]]
* [[The Evolution of U.S. Science and Defense Research Policies]]
* [[Bayh-Dole Act (1980)]]
* [[Bayh-Dole Act (1980)]]
* [[Embedded Growth Obligations]]
* [[Embedded Growth Obligations]]
* [[How and Why Government, Universities, and Industry Create Domestic Labor Shortages of Scientists and High-Tech Workers (Content)]]
* [[IMMACT90]]
* [[IMMACT90]]
* [[Immigration]]
* [[Labor Shortages]]
* [[Macropaternalism]]
* [[Macropaternalism]]
* [[Mansfield Amendment (1969)]]
* [[Mansfield Amendment (1969)]]
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[[Category:History]]
[[Category:History]]
[[Category:Immigration]]
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