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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2045

_______________________________________________________________________

                                 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 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 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 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 H1-B 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 year 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 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'';
            (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 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--
                    ``(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 
                                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.
                    ``(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.''.

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 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 
        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 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 on 
page 14, line 16 is deemed to be ``22 percent''; the figure on page 16, 
line 14 is deemed to be ``4 percent''; and the figure on page 16, line 
16 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 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--
                            (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;
                            (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).

            Passed the Senate October 3 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2045

_______________________________________________________________________

                                 AN ACT

   To amend the Immigration and Nationality Act with respect to H-1B 
                          nonimmigrant aliens.
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