; and (2) the State level of performance, aggregated across all eligible intermediaries, with respect to the performance indicators described in subsection (a). 9. Conforming amendments (a) American Competitiveness and Workforce Improvement Act of 1998 Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ) is repealed. (b) Immigration and Nationality Act Section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) ) is amended to read as follows: (2) Use of fees for work-based learning programs 50 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended to carry out the PARTNERS Act. .