118 STAT. 3358 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(B) SECRETARY OF HOMELAND SECURITY.—One third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in subparagraph (H)(i) or (L) of section 101(a)(15). ‘‘(C) SECRETARY OF LABOR.—One third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for enforcement programs and activities described in section 212(n). ‘‘(D) CONSULTATION.—The Secretary of State, the Sec retary of Homeland Security, and the Secretary of Labor shall consult one another with respect to the use of the funds in the H–1B and L Fraud Prevention and Detection Account.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of enactment of this Act, and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act, and applica tions for nonimmigrant visas under section 222 of such Act, filed on or after the date that is 90 days after the date of the enactment of this Act. SEC. 427. CHANGE OF FEE FORMULA. Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended— (1) in paragraph (2), by striking ‘‘55 percent’’ and inserting ‘‘50 percent’’; (2) in paragraph (3), by striking ‘‘22 percent’’ and inserting ‘‘30 percent’’; (3) in paragraph (4)(A), by striking ‘‘15 percent’’ and inserting ‘‘10 percent’’; (4) in paragraph (5)— (A) by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’; and (B) by striking ‘‘Attorney General’’ each place that term appears and inserting ‘‘Secretary of Homeland Secu rity’’; and (5) in paragraph (6), by striking ‘‘Beginning with fiscal year 2000,’’ and all that follows through ‘‘within a 7 day period.’’ and inserting ‘‘Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1).’’. SEC. 428. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH GROWTH INDUSTRIES. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (112 Stat. 2681–653) is amended to read as follows: ‘‘(c) JOB TRAINING GRANTS.— ‘‘(1) IN GENERAL.—The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible 29 USC 2916 note. 29 USC 2916a. 8 USC 1184 note.
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