PUBLIC LAW 106–313—OCT. 17, 2000 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—AMERICAN COMPETITIVENESS

IN THE TWENTY-FIRST CENTURY

SEC. 101. 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 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

8 USC 1184 note.

8 USC 1101 note.

American

Competitiveness

in the Twentyfirst Century Act

of 2000.

Oct. 17, 2000

[S. 2045]

114 STAT. 1252 PUBLIC LAW 106–313—OCT. 17, 2000

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

PUBLIC LAW 106–313—OCT. 17, 2000 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 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 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 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

8 USC 1184 note.

8 USC 1184 note.

8 USC 1184 note.

114 STAT. 1254 PUBLIC LAW 106–313—OCT. 17, 2000

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 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

8 USC 1153 note.

PUBLIC LAW 106–313—OCT. 17, 2000 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 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. 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 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’’;

Deadline.

42 USC 1862

note.

8 USC 1182 note.

114 STAT. 1256 PUBLIC LAW 106–313—OCT. 17, 2000

(3) by amending paragraph (4) to read as follows:

‘‘(4) NATIONAL SCIENCE FOUNDATION COMPETITIVE GRANT

PROGRAM FOR K–12 MATH, SCIENCE AND TECHNOLOGY EDU- CATION.—

‘‘(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 standardsbased 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 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 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) 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—

Deadline.

8 USC 1356 note.

42 USC 1869c.

PUBLIC LAW 106–313—OCT. 17, 2000 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. 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

29 USC 2916

note.

114 STAT. 1258 PUBLIC LAW 106–313—OCT. 17, 2000

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.

PUBLIC LAW 106–313—OCT. 17, 2000 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.’’.

114 STAT. 1260 PUBLIC LAW 106–313—OCT. 17, 2000

SEC. 112. 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 afterschool 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

Kids 2000 Act.

42 USC 13751

note.

PUBLIC LAW 106–313—OCT. 17, 2000 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 crimeprone 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

114 STAT. 1262 PUBLIC LAW 106–313—OCT. 17, 2000

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) 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. 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. 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 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. 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 II—IMMIGRATION SERVICES AND

INFRASTRUCTURE IMPROVEMENTS

SEC. 201. SHORT TITLE.

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

SEC. 202. 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 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

Applicability.

Deadline.

8 USC 1571.

8 USC 1551 note.

Immigration

Services and

Infrastructure

Improvements

Act of 2000.

8 USC 1101 note.

Deadline.

29 USC 2701

note.

8 USC 1184 note.

8 USC 1356.

PUBLIC LAW 106–313—OCT. 17, 2000 114 STAT. 1263

the Immigration and Nationality Act should be processed not later

than 30 days after the filing of the petition.

SEC. 203. 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. 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) 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. REPORTS TO CONGRESS.

(a) BACKLOG ELIMINATION PLAN.—

(1) REPORT 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—

Deadline.

8 USC 1574.

Deadline.

8 USC 1573.

8 USC 1572.

114 STAT. 1264 PUBLIC LAW 106–313—OCT. 17, 2000

(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 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;

Deadline.

PUBLIC LAW 106–313—OCT. 17, 2000 114 STAT. 1265

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.

Æ

(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 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.

Reports.

Deadline.