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[106th Congress Public Law 313]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ313.106]

[[Page 114 STAT. 1251]]

Public Law 106-313
106th Congress

                                 An Act

 
   To amend the Immigration and Nationality Act with respect to H-1B 
       nonimmigrant aliens. <<NOTE: Oct. 17, 2000 -  [S. 2045]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

 TITLE <<NOTE: American Competitiveness in the Twenty-first Century Act 
of 2000.>> I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This title may be cited as the ``American Competitiveness in the 
Twenty-first Century Act of 2000''.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.

    (a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
            (1) by redesignating clause (v) as clause (vii); and
            (2) by striking clause (iv) and inserting the following:
                          ``(iv) 195,000 in fiscal year 2001;
                          ``(v) 195,000 in fiscal year 2002;
                          ``(vi) 195,000 in fiscal year 2003; and''.

    (b) Additional <<NOTE: 8 USC 1184 note.>> Visas for Fiscal Years 
1999 and 2000.--
            (1) In general.--(A) Notwithstanding section 
        214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be 
        issued visas or otherwise provided nonimmigrant status under 
        section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is 
        increased by a number equal to the number of aliens who are 
        issued such a visa or provided such status during the period 
        beginning on the date on which the limitation in such section 
        214(g)(1)(A)(ii) is reached and ending on September 30, 1999.
            (B) In the case of any alien on behalf of whom a petition 
        for status under section 101(a)(15)(H)(i)(b) is filed before 
        September 1, 2000, and is subsequently approved, that alien 
        shall be counted toward the numerical ceiling for fiscal year 
        2000 notwithstanding the date of the approval of the petition. 
        Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and 
        Nationality Act, the total number of aliens who may be issued 
        visas or otherwise provided nonimmigrant status under section 
        101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased 
        by a number equal to the number of aliens who may be issued 
        visas or otherwise provided nonimmigrant status who filed

[[Page 114 STAT. 1252]]

        a petition during the period beginning on the date on which the 
        limitation in such section 214(g)(1)(A)(iii) is reached and 
        ending on August 31, 2000.
            (2) Effective date.--Paragraph (1) shall take effect as if 
        included in the enactment of section 411 of the American 
        Competitiveness and Workforce Improvement Act of 1998 (as 
        contained in title IV of division C of the Omnibus Consolidated 
        and Emergency Supplemental Appropriations Act, 1999; Public Law 
        105-277).
SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND 
                        GRADUATE DEGREE RECIPIENTS; COUNTING 
                        RULES.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following new paragraphs:
    ``(5) The numerical limitations contained in paragraph (1)(A) shall 
not apply to any nonimmigrant alien issued a visa or otherwise provided 
status under section 101(a)(15)(H)(i)(b) who is employed (or has 
received an offer of employment) at--
            ``(A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))), or a related or affiliated nonprofit entity; or
            ``(B) a nonprofit research organization or a governmental 
        research organization.

    ``(6) Any alien who ceases to be employed by an employer described 
in paragraph (5)(A) shall, if employed as a nonimmigrant alien described 
in section 101(a)(15)(H)(i)(b), who has not previously been counted 
toward the numerical limitations contained in paragraph (1)(A), be 
counted toward those limitations the first time the alien is employed by 
an employer other than one described in paragraph (5).
    ``(7) Any alien who has already been counted, within the 6 years 
prior to the approval of a petition described in subsection (c), toward 
the numerical limitations of paragraph (1)(A) shall not again be counted 
toward those limitations unless the alien would be eligible for a full 6 
years of authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall be counted 
only once.''.
SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                        EMPLOYMENT-BASED IMMIGRANTS.

    (a) Special Rules.--Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the 
following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Employment-based immigrants not subject to per 
                country limitation if additional visas available.--If 
                the total number of visas available under paragraph (1), 
                (2), (3), (4), or (5) of section 203(b) for a calendar 
                quarter exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas made 
                available under that paragraph shall be issued without 
                regard to the numerical limitation under paragraph (2) 
                of this subsection during the remainder of the calendar 
                quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) applies, 
                if the total number of visas issued under section 203(b) 
                exceeds

[[Page 114 STAT. 1253]]

                the maximum number of visas that may be made available 
                to immigrants of the state or area under section 203(b) 
                consistent with subsection (e) (determined without 
                regard to this paragraph), in applying subsection (e) 
                all visas shall be deemed to have been required for the 
                classes of aliens specified in section 203(b).''.

    (b) Conforming Amendments.--
            (1) Section 202(a)(2) of the Immigration and Nationality Act 
        (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) 
        and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
            (2) Section 202(e)(3) of the Immigration and Nationality Act 
        (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of 
        the visa numbers'' and inserting ``except as provided in 
        subsection (a)(5), the proportion of the visa numbers''.

    (c) One-Time <<NOTE: 8 USC 1184 note.>> Protection Under Per Country 
Ceiling.--Notwithstanding section 214(g)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
            (1) is the beneficiary of a petition filed under section 
        204(a) of that Act for a preference status under paragraph (1), 
        (2), or (3) of section 203(b) of that Act; and
            (2) is eligible to be granted that status but for 
        application of the per country limitations applicable to 
        immigrants under those paragraphs,

may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the following new 
subsection:
    ``(m)(1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status under 
section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon 
the filing by the prospective employer of a new petition on behalf of 
such nonimmigrant as provided under subsection (a). Employment 
authorization shall continue for such alien until the new petition is 
adjudicated. If the new petition is denied, such authorization shall 
cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(A) who has been lawfully admitted into the United States;
            ``(B) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of the 
        period of stay authorized by the Attorney General; and
            ``(C) who, subsequent to such lawful admission, has not been 
        employed without authorization in the United States before the 
        filing of such petition.''.

    (b) Effective <<NOTE: 8 USC 1184 note.>> Date.--The amendment made 
by subsection (a) shall apply to petitions filed before, on, or after 
the date of enactment of this Act.
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

    (a) Exemption <<NOTE: 8 USC 1184 note.>> From Limitation.--The 
limitation contained in section 214(g)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of 
authorized stay shall not apply to any nonimmigrant alien previously 
issued a

[[Page 114 STAT. 1254]]

visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 
204(b) of that Act to accord the alien immigrant status under section 
203(b) of that Act, or an application for adjustment of status under 
section 245 of that Act to accord the alien status under such section 
203(b), has been filed, if 365 days or more have elapsed since--
            (1) the filing of a labor certification application on the 
        alien's behalf (if such certification is required for the alien 
        to obtain status under such section 203(b)); or
            (2) the filing of the petition under such section 204(b).

    (b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.
    (c) Increased Job Flexibility for Long Delayed Applicants for 
Adjustment of Status.--(1) Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following new subsection:
    ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of 
Status to Permanent Residence.--A petition under subsection (a)(1)(D) 
for an individual whose application for adjustment of status pursuant to 
section 245 has been filed and remained unadjudicated for 180 days or 
more shall remain valid with respect to a new job if the individual 
changes jobs or employers if the new job is in the same or a similar 
occupational classification as the job for which the petition was 
filed.''.
    (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new 
clause:
                          ``(iv) Long delayed adjustment applicants.--A 
                      certification made under clause (i) with respect 
                      to an individual whose petition is covered by 
                      section 204(j) shall remain valid with respect to 
                      a new job accepted by the individual after the 
                      individual changes jobs or employers if the new 
                      job is in the same or a similar occupational 
                      classification as the job for which the 
                      certification was issued.''.

    (d) Recapture <<NOTE: 8 USC 1153 note.>> of Unused Employment-Based 
Immigrant Visas.--
            (1) In general.--Notwithstanding any other provision of law, 
        the number of employment-based visas (as defined in paragraph 
        (3)) made available for a fiscal year (beginning with fiscal 
        year 2001) shall be increased by the number described in 
        paragraph (2). Visas made available under this subsection shall 
        only be available in a fiscal year to employment-based 
        immigrants under paragraph (1), (2), or (3) of section 203(b) of 
        the Immigration and Nationality Act.
            (2) Number available.--
                    (A) In general.--Subject to subparagraph (B), the 
                number described in this paragraph is the difference 
                between the number of employment-based visas that were 
                made available in fiscal years 1999 and 2000 and the 
                number of such visas that were actually used in such 
                fiscal years.
                    (B) Reduction.--The number described in subparagraph 
                (A) shall be reduced, for each fiscal year after fiscal

[[Page 114 STAT. 1255]]

                year 2001, by the cumulative number of immigrant visas 
                actually used under paragraph (1) for previous fiscal 
                years.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the application of section 
                201(c)(3)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1151(c)(3)(C)).
            (3) Employment-based visas defined.--For purposes of this 
        subsection, the term ``employment-based visa'' means an 
        immigrant visa which is issued pursuant to the numerical 
        limitation under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)).
SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                        THROUGH FISCAL YEAR 2002.

    (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended 
by striking ``October 1, 2001'' and inserting ``October 1, 2003''.
    (b) Department <<NOTE: 8 USC 1182 note.>> of Labor Investigative 
Authorities.--Section 413(e)(2) of the American Competitiveness and 
Workforce Improvement Act of 1998 (as contained in title IV of division 
C of Public Law 105-277) is amended by striking ``September 30, 2001'' 
and inserting ``September 30, 2003''.

SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184 (g)(3)) is amended to read as follows:
    ``(3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status. If an alien who was issued a visa or otherwise provided 
nonimmigrant status and counted against the numerical limitations of 
paragraph (1) is found to have been issued such visa or otherwise 
provided such status by fraud or willfully misrepresenting a material 
fact and such visa or nonimmigrant status is revoked, then one number 
shall be restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical limitations of 
paragraph (1) in the fiscal year in which the petition is revoked, 
regardless of the fiscal year in which the petition was approved.''.

SEC. 109. <<NOTE: 42 USC 1862 note.>> NSF STUDY AND REPORT ON THE 
            ``DIGITAL DIVIDE''.

    (a) Study.--The National Science Foundation shall conduct a study of 
the divergence in access to high technology (commonly referred to as the 
``digital divide'') in the United States.
    (b) Report.--Not <<NOTE: Deadline.>> later than 18 months after the 
date of enactment of this Act, the Director of the National Science 
Foundation shall submit a report to Congress setting forth the findings 
of the study conducted under subsection (a).
SEC. 110. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                        PROVISIONS.

    (a) Allocation of Funds.--Section 286(s) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)) is amended--
            (1) in paragraph (2), by striking ``56.3 percent'' and 
        inserting ``55 percent'';
            (2) in paragraph (3), by striking ``28.2 percent'' and 
        inserting ``23.5 percent'';

[[Page 114 STAT. 1256]]

            (3) by amending paragraph (4) to read as follows:
            ``(4) National science foundation competitive grant program 
        for k-12 math, science and technology education.--
                    ``(A) In general.--15 percent of the amounts 
                deposited into the H-1B Nonimmigrant Petitioner Account 
                shall remain available to the Director of the National 
                Science Foundation until expended to carry out a direct 
                or matching grant program to support private-public 
                partnerships in K-12 education.
                    ``(B) Types of programs covered.--The Director shall 
                award grants to such programs, including those which 
                support the development and implementation of standards-
                based instructional materials models and related student 
                assessments that enable K-12 students to acquire an 
                understanding of science, mathematics, and technology, 
                as well as to develop critical thinking skills; provide 
                systemic improvement in training K-12 teachers and 
                education for students in science, mathematics, and 
                technology; support the professional development of K-12 
                math and science teachers in the use of technology in 
                the classroom; stimulate system-wide K-12 reform of 
                science, mathematics, and technology in rural, 
                economically disadvantaged regions of the United States; 
                provide externships and other opportunities for students 
                to increase their appreciation and understanding of 
                science, mathematics, engineering, and technology 
                (including summer institutes sponsored by an institution 
                of higher education for students in grades 7-12 that 
                provide instruction in such fields); involve 
                partnerships of industry, educational institutions, and 
                community organizations to address the educational needs 
                of disadvantaged communities; provide college 
                preparatory support to expose and prepare students for 
                careers in science, mathematics, engineering, and 
                technology; and provide for carrying out systemic reform 
                activities under section 3(a)(1) of the National Science 
                Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).'';
            (4) in paragraph (6), by striking ``6 percent'' and 
        inserting ``5 percent''; and
            (5) in paragraph (6), by striking ``3 percent'' each place 
        it appears and inserting ``2.5 percent''.

    (b) Low-Income <<NOTE: 42 USC 1869c.>> Scholarship Program.--Section 
414(d)(3) of the American Competitiveness and Workforce Improvement Act 
of 1998 (as contained in title IV of division C of Public Law 105-277) 
is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per 
year. The Director may renew scholarships for up to 4 years.''.

    (c) Reporting <<NOTE: 8 USC 1356 note.>> Requirement.--Section 414 
of the American Competitiveness and Workforce Improvement Act of 1998 
(as contained in title IV of division C of Public Law 105-277) is 
amended by adding at the end the following new subsection:

    ``(e) Reporting Requirement.--The Secretary of Labor and the 
Director of the National Science Foundation shall--
            ``(1) track and monitor the performance of programs 
        receiving H-1B Nonimmigrant Fee grant money; and
            ``(2) <<NOTE: Deadline.>> not later than one year after the 
        date of enactment of this subsection, submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        the Senate--

[[Page 114 STAT. 1257]]

                    ``(A) the tracking system to monitor the performance 
                of programs receiving H-1B grant funding; and
                    ``(B) the number of individuals who have completed 
                training and have entered the high-skill workforce 
                through these programs.''.
SEC. 111. <<NOTE: 29 USC 2916 note.>> DEMONSTRATION PROGRAMS AND 
                        PROJECTS TO PROVIDE TECHNICAL SKILLS 
                        TRAINING FOR WORKERS.

    Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (as contained in title IV of division C of 
Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows:
    ``(c) Demonstration Programs and Projects to Provide Technical 
Skills Training for Workers.--
            ``(1) In general.--
                    ``(A) Funding.--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 
                establish demonstration programs or projects to provide 
                technical skills training for workers, including both 
                employed and unemployed workers.
                    ``(B) Training provided.--Training funded by a 
                program or project described in subparagraph (A) shall 
                be for persons who are currently employed and who wish 
                to obtain and upgrade skills as well as for persons who 
                are unemployed. Such training is not limited to skill 
                levels commensurate with a four-year undergraduate 
                degree, but should include the preparation of workers 
                for a broad range of positions along a career ladder. 
                Consideration shall be given to the use of grant funds 
                to demonstrate a significant ability to expand a 
                training program or project through such means as 
                training more workers or offering more courses, and 
                training programs or projects resulting from 
                collaborations, especially with more than one small 
                business or with a labor-management training program or 
                project. The need for the training shall be justified 
                through reliable regional, State, or local data.
            ``(2) Grants.--
                    ``(A) Eligibility.--To carry out the programs and 
                projects described in paragraph (1)(A), the Secretary of 
                Labor shall, in consultation with the Secretary of 
                Commerce, subject to the availability of funds in the H-
                1B Nonimmigrant Petitioner Account, award--
                          ``(i) 75 percent of the grants to a local 
                      workforce investment board established under 
                      section 116(b) or section 117 of the Workforce 
                      Investment Act of 1998 (29 U.S.C. 2832) or 
                      consortia of such boards in a region. Each 
                      workforce investment board or consortia of boards 
                      receiving grant funds shall represent a local or 
                      regional public-private partnership consisting of 
                      at least--
                                    ``(I) one workforce investment 
                                board;
                                    ``(II) one community-based 
                                organization or higher education 
                                institution or labor union; and
                                    ``(III) one business or business-
                                related nonprofit organization such as a 
                                trade association: Provided, That the 
                                activities of such local or regional 
                                public-private partnership described in

[[Page 114 STAT. 1258]]

                                this subsection shall be conducted in 
                                coordination with the activities of the 
                                relevant local workforce investment 
                                board or boards established under the 
                                Workforce Investment Act of 1998 (29 
                                U.S.C. 2832); and
                          ``(ii) 25 percent of the grants under the 
                      Secretary of Labor's authority to award grants for 
                      demonstration projects or programs under section 
                      171 of the Workforce Investment Act (29 U.S.C. 
                      2916) to partnerships that shall consist of at 
                      least 2 businesses or a business-related nonprofit 
                      organization that represents more than one 
                      business, and that may include any educational, 
                      labor, community organization, or workforce 
                      investment board, except that such grant funds may 
                      be used only to carry out a strategy that would 
                      otherwise not be eligible for funds provided under 
                      clause (i), due to barriers in meeting those 
                      partnership eligibility criteria, on a national, 
                      multistate, regional, or rural area (such as rural 
                      telework programs) basis.
                    ``(B) Designation of responsible fiscal agents.--
                Each partnership formed under subparagraph (A) shall 
                designate a responsible fiscal agent to receive and 
                disburse grant funds under this subsection.
                    ``(C) Partnership considerations.--Consideration in 
                the awarding of grants shall be given to any partnership 
                that involves and directly benefits more than one small 
                business (each consisting of 100 employees or less).
                    ``(D) Allocation of grants.--In making grants under 
                this paragraph, the Secretary shall make every effort to 
                fairly distribute grants across rural and urban areas, 
                and across the different geographic regions of the 
                United States. The total amount of grants awarded to 
                carry out programs and projects described in paragraph 
                (1)(A) shall be allocated as follows:
                          ``(i) At least 80 percent of the grants shall 
                      be awarded to programs and projects that train 
                      employed and unemployed workers in skills in high 
                      technology, information technology, and 
                      biotechnology, including skills needed for 
                      software and communications services, 
                      telecommunications, systems installation and 
                      integration, computers and communications 
                      hardware, advanced manufacturing, health care 
                      technology, biotechnology and biomedical research 
                      and manufacturing, and innovation services.
                          ``(ii) No more than 20 percent of the grants 
                      shall be available to programs and projects that 
                      train employed and unemployed workers for skills 
                      related to any single specialty occupation, as 
                      defined in section 214(i) of the Immigration and 
                      Nationality Act.
            ``(3) Start-up funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not more than 5 percent of any single 
                grant, or not to exceed $75,000, whichever is less, may 
                be used toward the start-up costs of partnerships or new 
                training programs and projects.

[[Page 114 STAT. 1259]]

                    ``(B) Exception.--In the case of partnerships 
                consisting primarily of small businesses, not more than 
                10 percent of any single grant, or $150,000, whichever 
                is less, may be used toward the start-up costs of 
                partnerships or new training programs and projects.
                    ``(C) Duration of start-up period.--For purposes of 
                this subsection, a start-up period consists of a period 
                of not more than 2 months after the grant period begins, 
                at which time training shall immediately begin and no 
                further Federal funds may be used for start-up purposes.
            ``(4) Training outcomes.--
                    ``(A) Consideration for certain programs and 
                projects.--Consideration in the awarding of grants shall 
                be given to applicants that provide a specific, 
                measurable commitment upon successful completion of a 
                training course, to--
                          ``(i) hire or effectuate the hiring of 
                      unemployed trainees (where applicable);
                          ``(ii) increase the wages or salary of 
                      incumbent workers (where applicable); and
                          ``(iii) provide skill certifications to 
                      trainees or link the training to industry-accepted 
                      occupational skill standards, certificates, or 
                      licensing requirements.
                    ``(B) Requirements for grant applications.--
                Applications for grants shall--
                          ``(i) articulate the level of skills that 
                      workers will be trained for and the manner by 
                      which attainment of those skills will be measured;
                          ``(ii) include an agreement that the program 
                      or project shall be subject to evaluation by the 
                      Secretary of Labor to measure its effectiveness; 
                      and
                          ``(iii) in the case of an application for a 
                      grant under subsection (c)(2)(A)(ii), explain what 
                      barriers prevent the strategy from being 
                      implemented through a grant made under subsection 
                      (c)(2)(A)(i).
            ``(5) Matching funds.--Each application for a grant to carry 
        out a program or project described in paragraph (1)(A) shall 
        state the manner by which the partnership will provide non-
        Federal matching resources (cash, or in-kind contributions, or 
        both) equal to at least 50 percent of the total grant amount 
        awarded under paragraph (2)(A)(i), and at least 100 percent of 
        the total grant amount awarded under paragraph (2)(A)(ii). At 
        least one-half of the non-Federal matching funds shall be from 
        the business or businesses or business-related nonprofit 
        organizations involved. Consideration in the award of grants 
        shall be given to applicants that provide a specific commitment 
        or commitments of resources from other public or private 
        sources, or both, so as to demonstrate the long-term 
        sustainability of the training program or project after the 
        grant expires.
            ``(6) Administrative costs.--An entity that receives a grant 
        to carry out a program or project described in paragraph (1)(A) 
        may not use more than 10 percent of the amount of the grant to 
        pay for administrative costs associated with the program or 
        project.''.

[[Page 114 STAT. 1260]]

SEC. 112. <<NOTE: Kids 2000 Act. 42 USC 13751 note.>> KIDS 2000 
                        CRIME PREVENTION AND COMPUTER EDUCATION 
                        INITIATIVE.

    (a) Short Title.--This section may be cited as the ``Kids 2000 
Act''.
    (b) Findings.--Congress makes the following findings:
            (1) There is an increasing epidemic of juvenile crime 
        throughout the United States.
            (2) It is well documented that the majority of juvenile 
        crimes take place during after-school hours.
            (3) Knowledge of technology is becoming increasingly 
        necessary for children in school and out of school.
            (4) The Boys and Girls Clubs of America have 2,700 clubs 
        throughout all 50 States, serving over 3,000,000 boys and girls 
        primarily from at-risk communities.
            (5) The Boys and Girls Clubs of America have the physical 
        structures in place for immediate implementation of an after-
        school technology program.
            (6) Building technology centers and providing integrated 
        content and full-time staffing at those centers in the Boys and 
        Girls Clubs of America nationwide will help foster education, 
        job training, and an alternative to crime for at-risk youth.
            (7) Partnerships between the public sector and the private 
        sector are an effective way of providing after-school technology 
        programs in the Boys and Girls Clubs of America.
            (8) PowerUp: Bridging the Digital Divide is an entity 
        comprised of more than a dozen nonprofit organizations, major 
        corporations, and Federal agencies that have joined together to 
        launch a major new initiative to help ensure that America's 
        underserved young people acquire the skills, experiences, and 
        resources they need to succeed in the digital age.
            (9) Bringing PowerUp into the Boys and Girls Clubs of 
        America will be an effective way to ensure that our youth have a 
        safe, crime-free environment in which to learn the technological 
        skills they need to close the divide between young people who 
        have access to computer-based information and technology-related 
        skills and those who do not.

    (c) After-School Technology Grants to the Boys and Girls Clubs of 
America.--
            (1) Purposes.--The Attorney General shall make grants to the 
        Boys and Girls Clubs of America for the purpose of funding 
        effective after-school technology programs, such as PowerUp, in 
        order to provide--
                    (A) constructive technology-focused activities that 
                are part of a comprehensive program to provide access to 
                technology and technology training to youth during 
                after-school hours, weekends, and school vacations;
                    (B) supervised activities in safe environments for 
                youth; and
                    (C) full-time staffing with teachers, tutors, and 
                other qualified personnel.
            (2) Subawards.--The Boys and Girls Clubs of America shall 
        make subawards to local boys and girls clubs authorizing 
        expenditures associated with providing technology programs such 
        as PowerUp, including the hiring of teachers and other

[[Page 114 STAT. 1261]]

        personnel, procurement of goods and services, including computer 
        equipment, or such other purposes as are approved by the 
        Attorney General.

    (d) Applications.--
            (1) Eligibility.--In order to be eligible to receive a grant 
        under this section, an applicant for a subaward (specified in 
        subsection (c)(2)) shall submit an application to the Boys and 
        Girls Clubs of America, in such form and containing such 
        information as the Attorney General may reasonably require.
            (2) Application requirements.--Each application submitted in 
        accordance with paragraph (1) shall include--
                    (A) a request for a subgrant to be used for the 
                purposes of this section;
                    (B) a description of the communities to be served by 
                the grant, including the nature of juvenile crime, 
                violence, and drug use in the communities;
                    (C) written assurances that Federal funds received 
                under this section will be used to supplement and not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this section;
                    (D) written assurances that all activities funded 
                under this section will be supervised by qualified 
                adults;
                    (E) a plan for assuring that program activities will 
                take place in a secure environment that is free of crime 
                and drugs;
                    (F) a plan outlining the utilization of content-
                based programs such as PowerUp, and the provision of 
                trained adult personnel to supervise the after-school 
                technology training; and
                    (G) any additional statistical or financial 
                information that the Boys and Girls Clubs of America may 
                reasonably require.

    (e) Grant Awards.--In awarding subgrants under this section, the 
Boys and Girls Clubs of America shall consider--
            (1) the ability of the applicant to provide the intended 
        services;
            (2) the history and establishment of the applicant in 
        providing youth activities; and
            (3) the extent to which services will be provided in crime-
        prone areas and technologically underserved populations, and 
        efforts to achieve an equitable geographic distribution of the 
        grant awards.

    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $20,000,000 for each of the fiscal years 2001 through 2006 to 
        carry out this section.
            (2) Source of funds.--Funds to carry out this section may be 
        derived from the Violent Crime Reduction Trust Fund.
            (3) Continued availability.--Amounts made available under 
        this subsection shall remain available until expended.

SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.

    (a) Section 286(s)(5) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(5)) is amended to read as follows: ``4 percent of the 
amounts deposited into the H-1B Nonimmigrant Petitioner Account shall 
remain available to the Attorney General until expended to carry out 
duties under paragraphs (1) and (9) of section

[[Page 114 STAT. 1262]]

214(c) related to petitions made for nonimmigrants described in section 
101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 204 
related to petitions for immigrants described in section 203(b).''.
    (b) <<NOTE: 8 USC 1356.>> Notwithstanding any other provision of 
this Act, the figure to be inserted in section 110(a)(2) is deemed to be 
``22 percent''; the figure to be inserted in section 110(a)(4) is deemed 
to be ``4 percent''; and the figure to be inserted in section 110(a)(5) 
is deemed to be ``2 percent''.
SEC. 114. <<NOTE: 8 USC 1184 note.>> EXCLUSION OF CERTAIN ``J'' 
                        NONIMMIGRANTS FROM 
                        NUMERICAL LIMITATIONS APPLICABLE TO ``H-
                        1B'' NONIMMMIGRANTS.

    The numerical limitations contained in section 102 of this title 
shall not apply to any nonimmigrant alien granted a waiver that is 
subject to the limitation contained in paragraph (1)(B) of the first 
section 214(l) of the Immigration and Nationality Act (relating to 
restrictions on waivers).

SEC. 115. <<NOTE: 29 USC 2701 note.>> STUDY AND REPORT ON THE ``DIGITAL 
            DIVIDE''.

    (a) Study.--The Secretary of Commerce shall conduct a review of 
existing public and private high-tech workforce training programs in the 
United States.
    (b) Report.--Not <<NOTE: Deadline.>> later than 18 months after the 
date of enactment of this Act, the Secretary of Commerce shall submit a 
report to Congress setting forth the findings of the study conducted 
under subsection (a).

SEC. 116. <<NOTE: 8 USC 1101 note.>> SEVERABILITY.

    If any provision of this title (or any amendment made by this title) 
or the application thereof to any person or circumstance is held 
invalid, the remainder of the title (and the amendments made by this 
title) and the application of such provision to any other person or 
circumstance shall not be affected thereby. This section be enacted 2 
days after effective date.

 TITLE <<NOTE: Immigration Services and Infrastructure Improvements Act 
of 2000.>> II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

SEC. 201. <<NOTE: 8 USC 1551 note.>> SHORT TITLE.

    This title may be cited as the ``Immigration Services and 
Infrastructure Improvements Act of 2000''.

SEC. 202. <<NOTE: 8 USC 1571.>> PURPOSES.

    (a) Purposes.--The purposes of this title are to--
            (1) provide the Immigration and Naturalization Service with 
        the mechanisms it needs to eliminate the current backlog in the 
        processing of immigration benefit applications within 1 year 
        after enactment of this Act and to maintain the elimination of 
        the backlog in future years; and
            (2) provide for regular congressional oversight of the 
        performance of the Immigration and Naturalization Service in 
        eliminating the backlog and processing delays in immigration 
        benefits adjudications.

    (b) Policy.--It <<NOTE: Applicability. Deadline.>> is the sense of 
Congress that the processing of an immigration benefit application 
should be completed not later than 180 days after the initial filing of 
the application, except that a petition for a nonimmigrant visa under 
section 214(c) of

[[Page 114 STAT. 1263]]

the Immigration and Nationality Act should be processed not later than 
30 days after the filing of the petition.

SEC. 203. <<NOTE: 8 USC 1572.>> DEFINITIONS.

    In this title:
            (1) Backlog.--The term ``backlog'' means, with respect to an 
        immigration benefit application, the period of time in excess of 
        180 days that such application has been pending before the 
        Immigration and Naturalization Service.
            (2) Immigration benefit application.--The term ``immigration 
        benefit application'' means any application or petition to 
        confer, certify, change, adjust, or extend any status granted 
        under the Immigration and Nationality Act.
SEC. 204. <<NOTE: 8 USC 1573.>> IMMIGRATION SERVICES AND 
                        INFRASTRUCTURE IMPROVEMENT ACCOUNT.

    (a) Authority of the Attorney General.--The Attorney General shall 
take such measures as may be necessary to--
            (1) <<NOTE: Deadline.>> reduce the backlog in the processing 
        of immigration benefit applications, with the objective of the 
        total elimination of the backlog not later than one year after 
        the date of enactment of this Act;
            (2) make such other improvements in the processing of 
        immigration benefit applications as may be necessary to ensure 
        that a backlog does not develop after such date; and
            (3) make such improvements in infrastructure as may be 
        necessary to effectively provide immigration services.

    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of Justice from time to time such sums as may be 
        necessary for the Attorney General to carry out subsection (a).
            (2) Designation of account in treasury.--Amounts 
        appropriated pursuant to paragraph (1) may be referred to as the 
        ``Immigration Services and Infrastructure Improvements 
        Account''.
            (3) Availability of funds.--Amounts appropriated pursuant to 
        paragraph (1) are authorized to remain available until expended.
            (4) Limitation on expenditures.--None of the funds 
        appropriated pursuant to paragraph (1) may be expended until the 
        report described in section 205(a) has been submitted to 
        Congress.

SEC. 205. <<NOTE: 8 USC 1574.>> REPORTS TO CONGRESS.

    (a) Backlog Elimination Plan.--
            (1) Report <<NOTE: Deadline.>> required.--Not later than 90 
        days after the date of enactment of this Act, the Attorney 
        General shall submit a report to the Committees on the Judiciary 
        and Appropriations of the Senate and the House of 
        Representatives concerning--
                    (A) the backlogs in immigration benefit applications 
                in existence as of the date of enactment of this title; 
                and
                    (B) the Attorney General's plan for eliminating such 
                backlogs.
            (2) Report elements.--The report shall include--
                    (A) an assessment of the data systems used in 
                adjudicating and reporting on the status of immigration 
                benefit applications, including--

[[Page 114 STAT. 1264]]

                          (i) a description of the adequacy of existing 
                      computer hardware, computer software, and other 
                      mechanisms to comply with the adjudications and 
                      reporting requirements of this title; and
                          (ii) a plan for implementing improvements to 
                      existing data systems to accomplish the purpose of 
                      this title, as described in section 202(a);
                    (B) a description of the quality controls to be put 
                into force to ensure timely, fair, accurate, and 
                complete processing and adjudication of such 
                applications;
                    (C) the elements specified in subsection (b)(2);
                    (D) an estimate of the amount of appropriated funds 
                that would be necessary in order to eliminate the 
                backlogs in each category of immigration benefit 
                applications described in subsection (b)(2); and
                    (E) a detailed plan on how the Attorney General will 
                use any funds in the Immigration Services and 
                Infrastructure Improvements Account to comply with the 
                purposes of this title.

    (b) Annual Reports.--
            (1) In <<NOTE: Deadline.>> general.--Beginning 90 days after 
        the end of the first fiscal year for which any appropriation 
        authorized by section 204(b) is made, and 90 days after the end 
        of each fiscal year thereafter, the Attorney General shall 
        submit a report to the Committees on the Judiciary and 
        Appropriations of the Senate and the House of Representatives 
        concerning the status of--
                    (A) the Immigration Services and Infrastructure 
                Improvements Account including any unobligated balances 
                of appropriations in the Account; and
                    (B) the Attorney General's efforts to eliminate 
                backlogs in any immigration benefit application 
                described in paragraph (2).
            (2) Report elements.--The report shall include--
                    (A) State-by-State data on--
                          (i) the number of naturalization cases 
                      adjudicated in each quarter of each fiscal year;
                          (ii) the average processing time for 
                      naturalization applications;
                          (iii) the number of naturalization 
                      applications pending for up to 6 months, 12 
                      months, 18 months, 24 months, 36 months, and 48 
                      months or more;
                          (iv) estimated processing times adjudicating 
                      newly submitted naturalization applications;
                          (v) an analysis of the appropriate processing 
                      times for naturalization applications; and
                          (vi) the additional resources and process 
                      changes needed to eliminate the backlog for 
                      naturalization adjudications;
                    (B) the status of applications or, where applicable, 
                petitions described in subparagraph (C), by Immigration 
                and Naturalization Service district, including--
                          (i) the number of cases adjudicated in each 
                      quarter of each fiscal year;
                          (ii) the average processing time for such 
                      applications or petitions;

[[Page 114 STAT. 1265]]

                          (iii) the number of applications or petitions 
                      pending for up to 6 months, 12 months, 18 months, 
                      24 months, 36 months, and 48 months or more;
                          (iv) the estimated processing times 
                      adjudicating newly submitted applications or 
                      petitions;
                          (v) an analysis of the appropriate processing 
                      times for applications or petitions; and
                          (vi) a description of the additional resources 
                      and process changes needed to eliminate the 
                      backlog for such processing and adjudications; and
                    (C) a status report on--
                          (i) applications for adjustments of status to 
                      that of an alien lawfully admitted for permanent 
                      residence;
                          (ii) petitions for nonimmigrant visas under 
                      section 214 of the Immigration and Nationality 
                      Act;
                          (iii) petitions filed under section 204 of 
                      such Act to classify aliens as immediate relatives 
                      or preference immigrants under section 203 of such 
                      Act;
                          (iv) applications for asylum under section 208 
                      of such Act;
                          (v) registrations for Temporary Protected 
                      Status under section 244 of such Act; and
                          (vi) a description of the additional resources 
                      and process changes needed to eliminate the 
                      backlog for such processing and adjudications.
            (3) Absence <<NOTE: Reports. Deadline.>> of appropriated 
        funds.--In the event that no funds are appropriated subject to 
        section 204(b) in the fiscal year in which this Act is enacted, 
        the Attorney General shall submit a report to Congress not later 
        than 90 days after the end of such fiscal year, and each fiscal 
        year thereafter, containing the elements described in paragraph 
        (2).

    Approved October 17, 2000.

LEGISLATIVE HISTORY--S. 2045:
---------------------------------------------------------------------------

SENATE REPORTS: No. 106-260 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 22, 26-28, Oct.3, considered and passed Senate.
            Oct. 3, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 17, Presidential statement.

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