Calendar No. 490

106TH CONGRESS

2D SESSION S. 2045

[Report No. 106–260]

A BILL

To amend the Immigration and Nationality Act

with respect to H–1B nonimmigrant aliens.

APRIL 11, 2000

Reported with an amendment and an amendment to the

title
II

Calendar No. 490

106TH CONGRESS

2D SESSION S. 2045

[Report No. 106–260]

To amend the Immigration and Nationality Act with respect to H–1B

nonimmigrant aliens.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9, 2000

Mr. HATCH (for himself, Mr. ABRAHAM, Mr. GRAMM, Mr. GRAHAM, Mr.

LIEBERMAN, Mrs. FEINSTEIN, Mr. LOTT, Mr. NICKLES, Mr. MACK, Mr.

SPECTER, Mr. DEWINE, Mr. ASHCROFT, Mr. MCCONNELL, Mr. GORTON,

Mr. HAGEL, Mr. BENNETT, Mr. GRAMS, Mr. BROWNBACK, Mr. SMITH

of Oregon, and Mr. WARNER) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

APRIL 11, 2000

Reported by Mr. HATCH, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Immigration and Nationality Act with respect

to H–1B nonimmigrant aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘American Competitive3 ness in the Twenty-first Century Act of 2000’’.

4 SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

5 In addition to the number of aliens who may be

6 issued visas or otherwise provided nonimmigrant status

7 under section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101

8 (a)(15)(H)(i)(b)), the following number of aliens may be

9 issued such visas or otherwise provided such status for

10 each of the following fiscal years:

11 (1) 80,000 for fiscal year 2000;

12 (2) 87,500 for fiscal year 2001; and

13 (3) 130,000 for fiscal year 2002.

14 SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FA15 CILITIES, AND GRADUATE DEGREE RECIPI16 ENTS.

17 Section 214(g) of the Immigration and Nationality

18 Act (8 U.S.C. 1184(g)) is amended by adding at the end

19 the following new paragraphs:

20 ‘‘(5) The numerical limitations contained in para21 graph (1)(A)(iii) shall not apply to any nonimmigrant

22 alien issued a visa or otherwise provided status under sec23 tion 101(a)(15)(H)(i)(b)—

24 ‘‘(A) who is employed (or has received an offer

25 of employment) at—
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1 ‘‘(i) an institution of higher education (as

2 defined in section 101(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001(a))), or a

4 related or affiliated nonprofit entity; or

5 ‘‘(ii) a nonprofit research organization or a

6 governmental research organization; or

7 ‘‘(B) for whom a petition is filed not more than

8 90 days before or not more than 180 days after the

9 nonimmigrant has attained a master’s degree or

10 higher degree from an institution of higher edu11 cation (as defined in section 101(a) of the Higher

12 Education Act of 1965 (20 U.S.C. 1001(a))).’’.

13 ‘‘(6) Any alien who ceases to be employed by an em14 ployer described in paragraph (5)(A) shall, if employed as

15 a nonimmigrant alien described in section

16 101(a)(15)(H)(i)(b), be counted toward the numerical lim17 itations contained in paragraph (1)(A)(iii) the first time

18 the alien is employed by an employer other than one de19 scribed in paragraph (5)(A).’’.

20 SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RE21 SPECT TO EMPLOYMENT-BASED IMMI22 GRANTS.

23 (a) SPECIAL RULES.—Section 202(a) (8 U.S.C.

24 1152(a)) is amended by adding at the end the following

25 new paragraph:
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1 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI2 GRANTS.—

3 ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS

4 NOT SUBJECT TO PER COUNTRY LIMITATION IF

5 ADDITIONAL VISAS AVAILABLE.—If the total

6 number of visas available under paragraph (1),

7 (2), (3), (4), or (5) of section 203(b) for a cal8 endar quarter exceeds the number of qualified

9 immigrants who may otherwise be issued such

10 visas, the visas made available under that para11 graph shall be issued without regard to the nu12 merical limitation under paragraph (2) of this

13 subsection during the remainder of the calendar

14 quarter.

15 ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN

16 COUNTRIES SUBJECT TO SUBSECTION (e).—In

17 the case of a foreign state or dependent area to

18 which subsection (e) applies, if the total number

19 of visas issued under section 203(b) exceeds the

20 maximum number of visas that may be made

21 available to immigrants of the state or area

22 under section 203(b) consistent with subsection

23 (e) (determined without regard to this para24 graph), in applying subsection (e) all visas shall
5

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1 be deemed to have been required for the classes

2 of aliens specified in section 203(b).’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is

5 amended by striking ‘‘paragraphs (3) and (4)’’ and

6 inserting ‘‘paragraphs (3), (4), and (5)’’.

7 (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is

8 amended by striking ‘‘the proportion of the visa

9 numbers’’ and inserting ‘‘except as provided in sub10 section (a)(5), the proportion of the visa numbers’’.

11 (c) ONE-TIME PROTECTION UNDER PER COUNTRY

12 CEILING.—Notwithstanding section 214(g)(4) of the Im13 migration and Nationality Act, any alien who—

14 (1) is the beneficiary of a petition filed under

15 section 204(a) for a preference status under para16 graph (1), (2), or (3) of section 203(b); and

17 (2) would be subject to the per country limita18 tions applicable to immigrants under those para19 graphs but for this subsection,

20 may apply for, and the Attorney General may grant, an

21 extension of such nonimmigrant status until the alien’s

22 application for adjustment of status has been processed

23 and a decision made thereon.
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1 SEC. 5. INCREASED PORTABILITY OF H–1B STATUS.

2 (a) IN GENERAL.—Section 214 of the Immigration

3 and Nationality Act (8 U.S.C. 1184) is amended by add4 ing at the end the following new subsection:

5 ‘‘(m)(1) A nonimmigrant alien described in para6 graph (2) who was previously issued a visa or otherwise

7 provided nonimmigrant status under section

8 101(a)(15)(H)(i)(b) is authorized to accept new employ9 ment upon the filing by the prospective employer of a new

10 petition on behalf of such nonimmigrant as provided under

11 subsection (a). Employment authorization shall continue

12 for such alien until the new petition is adjudicated. If the

13 new petition is denied, employment authorization shall

14 cease.

15 ‘‘(2) A nonimmigrant alien described in this para16 graph is a nonimmigrant alien—

17 ‘‘(A) who has been lawfully admitted into the

18 United States;

19 ‘‘(B) on whose behalf an employer has filed a

20 nonfrivolous application for new employment or ex21 tension of status before the date of expiration of the

22 period of stay authorized by the Attorney General;

23 and

24 ‘‘(C) who has not been employed without au25 thorization in the United States before or during the

26 pendency of such petition for new employment.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to petitions filed before, on, or

3 after the date of enactment of this Act.

4 SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF

5 LENGTHY ADJUDICATIONS.

6 (a) EXEMPTION FROM LIMITATION.—The limitation

7 contained in section 214(g)(4) of the Immigration and Na8 tionality Act with respect to the duration of authorized

9 stay shall not apply to any nonimmigrant alien previously

10 issued a visa or otherwise provided nonimmigrant status

11 under section 101(a)(15)(H)(i)(b) of the Immigration and

12 Nationality Act on whose behalf a petition under section

13 204(b) to accord the alien immigrant status under section

14 203(b), or an application for adjustment of status under

15 section 245 to accord the alien status under section

16 203(b), has been filed, if 365 days or more have elapsed

17 since the filing of a labor certification application on the

18 alien’s behalf, if required for the alien to obtain status

19 under section 203(b), or the filing of the petition under

20 section 204(b).

21 (b) EXTENSION OF H1–B WORKER STATUS.—The

22 Attorney General shall extend the stay of an alien who

23 qualifies for an exemption under subsection (a) in one-year

24 increments until such time as a final decision is made on

25 the alien’s lawful permanent residence.
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1 SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AU2 THORITIES THROUGH FISCAL YEAR 2002.

3 (a) ATTESTATION REQUIREMENTS.—Section

4 212(n)(1)(E)(ii)) of the Immigration and Nationality Act

5 (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ‘‘Oc6 tober 1, 2001’’ and inserting ‘‘October 1, 2002’’.

7 (b) FEE REQUIREMENTS.—Section 212(c)(9)(A) of

8 the Immigration and Nationality Act (8 U.S.C.

9 1182(c)(9)(A)) is amended in the text above clause (i) by

10 striking ‘‘October 1, 2001’’ and inserting ‘‘October 1,

11 2002’’.

12 (c) DEPARTMENT OF LABOR INVESTIGATIVE AU13 THORITIES.—Section 413(e)(2) of the American Competi14 tiveness and Workforce Improvement Act of 1998 (as con15 tained in title IV of division C of Public Law 105–277)

16 is amended by striking ‘‘September 30, 2001’’ and insert17 ing ‘‘September 30, 2002’’.

18 SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

19 Section 214(g)(3) of the Immigration and Nationality

20 Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows:

21 ‘‘(3) Aliens who are subject to the numerical limita22 tions of paragraph (1) shall be issued visas (or otherwise

23 provided nonimmigrant status) in the order in which peti24 tions are filed for such visas or status. If an alien who

25 was issued a visa or otherwise provided nonimmigrant sta26 tus and counted against the numerical limitations of para-
9

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1 graph (1) is found to have been issued such visa or other2 wise provided such status by fraud or willfully misrepre3 senting a material fact and such visa or nonimmigrant sta4 tus is revoked, then one number shall be restored to the

5 total number of aliens who may be issued visas or other6 wise provided such status under the numerical limitations

7 of paragraph (1) in the fiscal year in which the petition

8 is revoked, regardless of the fiscal year in which the peti9 tion was approved.’’.

10 SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIGITAL DIVIDE’’.

11 (a) STUDY.—The National Science Foundation shall

12 conduct a study of the divergence in access to high tech13 nology (commonly referred to as the ‘‘digital divide’’) in

14 the United States.

15 (b) REPORT.—Not later than 18 months after the

16 date of enactment of this Act, the Director of the National

17 Science Foundation shall submit a report to Congress set18 ting forth the findings of the study conducted under sub19 section (a).

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘American Competitive22 ness in the Twenty-first Century Act of 2000’’.

23 SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

24 In addition to the number of aliens who may be issued

25 visas or otherwise provided nonimmigrant status under sec-
10

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1 tion 101(a)(15)(H)(i)(b) of the Immigration and Nation2 ality Act (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the following

3 number of aliens may be issued such visas or otherwise pro4 vided such status for each of the following fiscal years:

5 (1) 80,000 for fiscal year 2000;

6 (2) 87,500 for fiscal year 2001; and

7 (3) 130,000 for fiscal year 2002.

8 SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FA9 CILITIES, AND GRADUATE DEGREE RECIPI10 ENTS.

11 Section 214(g) of the Immigration and Nationality

12 Act (8 U.S.C. 1184(g)) is amended by adding at the end

13 the following new paragraphs:

14 ‘‘(5) The numerical limitations contained in para15 graph (1)(A) shall not apply to any nonimmigrant alien

16 issued a visa or otherwise provided status under section

17 101(a)(15)(H)(i)(b)—

18 ‘‘(A) who is employed (or has received an offer

19 of employment) at—

20 ‘‘(i) an institution of higher education (as

21 defined in section 101(a) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1001(a))), or a re23 lated or affiliated nonprofit entity; or

24 ‘‘(ii) a nonprofit research organization or a

25 governmental research organization; or
11

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1 ‘‘(B) for whom a petition is filed not more than

2 90 days before or not more than 180 days after the

3 nonimmigrant has attained a master’s degree or high4 er degree from an institution of higher education (as

5 defined in section 101(a) of the Higher Education Act

6 of 1965 (20 U.S.C. 1001(a))).

7 ‘‘(6) Any alien who ceases to be employed by an em8 ployer described in paragraph (5)(A) shall, if employed as

9 a nonimmigrant alien described in section

10 101(a)(15)(H)(i)(b), be counted toward the numerical limi11 tations contained in paragraph (1)(A) the first time the

12 alien is employed by an employer other than one described

13 in paragraph (5)(A).’’.

14 SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RE15 SPECT TO EMPLOYMENT-BASED IMMIGRANTS.

16 (a) SPECIAL RULES.—Section 202(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1152(a)) is amended

18 by adding at the end the following new paragraph:

19 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI20 GRANTS.—

21 ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT

22 SUBJECT TO PER COUNTRY LIMITATION IF ADDI23 TIONAL VISAS AVAILABLE.—If the total number

24 of visas available under paragraph (1), (2), (3),

25 (4), or (5) of section 203(b) for a calendar quar-
12

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1 ter exceeds the number of qualified immigrants

2 who may otherwise be issued such visas, the visas

3 made available under that paragraph shall be

4 issued without regard to the numerical limita5 tion under paragraph (2) of this subsection dur6 ing the remainder of the calendar quarter.

7 ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN

8 COUNTRIES SUBJECT TO SUBSECTION (e).—In

9 the case of a foreign state or dependent area to

10 which subsection (e) applies, if the total number

11 of visas issued under section 203(b) exceeds the

12 maximum number of visas that may be made

13 available to immigrants of the state or area

14 under section 203(b) consistent with subsection

15 (e) (determined without regard to this para16 graph), in applying subsection (e) all visas shall

17 be deemed to have been required for the classes

18 of aliens specified in section 203(b).’’.

19 (b) CONFORMING AMENDMENTS.—

20 (1) Section 202(a)(2) of the Immigration and

21 Nationality Act (8 U.S.C. 1152(a)(2)) is amended by

22 striking ‘‘paragraphs (3) and (4)’’ and inserting

23 ‘‘paragraphs (3), (4), and (5)’’.

24 (2) Section 202(e)(3) of the Immigration and

25 Nationality Act (8 U.S.C. 1152(e)(3)) is amended by
13

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1 striking ‘‘the proportion of the visa numbers’’ and in2 serting ‘‘except as provided in subsection (a)(5), the

3 proportion of the visa numbers’’.

4 (c) ONE-TIME PROTECTION UNDER PER COUNTRY

5 CEILING.—Notwithstanding section 214(g)(4) of the Immi6 gration and Nationality Act, any alien who—

7 (1) is the beneficiary of a petition filed under

8 section 204(a) for a preference status under para9 graph (1), (2), or (3) of section 203(b); and

10 (2) would be subject to the per country limita11 tions applicable to immigrants under those para12 graphs but for this subsection,

13 may apply for, and the Attorney General may grant, an

14 extension of such nonimmigrant status until the alien’s ap15 plication for adjustment of status has been processed and

16 a decision made thereon.

17 SEC. 5. INCREASED PORTABILITY OF H–1B STATUS.

18 (a) IN GENERAL.—Section 214 of the Immigration

19 and Nationality Act (8 U.S.C. 1184) is amended by adding

20 at the end the following new subsection:

21 ‘‘(m)(1) A nonimmigrant alien described in paragraph

22 (2) who was previously issued a visa or otherwise provided

23 nonimmigrant status under section 101(a)(15)(H)(i)(b) is

24 authorized to accept new employment upon the filing by

25 the prospective employer of a new petition on behalf of such
14

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1 nonimmigrant as provided under subsection (a). Employ2 ment authorization shall continue for such alien until the

3 new petition is adjudicated. If the new petition is denied,

4 employment authorization shall cease.

5 ‘‘(2) A nonimmigrant alien described in this para6 graph is a nonimmigrant alien—

7 ‘‘(A) who has been lawfully admitted into the

8 United States;

9 ‘‘(B) on whose behalf an employer has filed a

10 nonfrivolous application for new employment or ex11 tension of status before the date of expiration of the

12 period of stay authorized by the Attorney General;

13 and

14 ‘‘(C) who has not been employed without author15 ization in the United States before or during the

16 pendency of such petition for new employment.’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply to petitions filed before, on, or after

19 the date of enactment of this Act.

20 SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF

21 LENGTHY ADJUDICATIONS.

22 (a) EXEMPTION FROM LIMITATION.—The limitation

23 contained in section 214(g)(4) of the Immigration and Na24 tionality Act with respect to the duration of authorized stay

25 shall not apply to any nonimmigrant alien previously
15

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1 issued a visa or otherwise provided nonimmigrant status

2 under section 101(a)(15)(H)(i)(b) of the Immigration and

3 Nationality Act on whose behalf a petition under section

4 204(b) to accord the alien immigrant status under section

5 203(b), or an application for adjustment of status under

6 section 245 to accord the alien status under section 203(b),

7 has been filed, if 365 days or more have elapsed since the

8 filing of a labor certification application on the alien’s be9 half, if such certification is required for the alien to obtain

10 status under section 203(b), or if 365 days or more have

11 elapsed since the filing of the petition under section 204(b).

12 (b) EXTENSION OF H1–B WORKER STATUS.—The At13 torney General shall extend the stay of an alien who quali14 fies for an exemption under subsection (a) in one-year in15 crements until such time as a final decision is made on

16 the alien’s lawful permanent residence.

17 SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AU18 THORITIES THROUGH FISCAL YEAR 2002.

19 (a) ATTESTATION REQUIREMENTS.—Section

20 212(n)(1)(E)(ii)) of the Immigration and Nationality Act

21 (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ‘‘Octo22 ber 1, 2001’’ and inserting ‘‘October 1, 2002’’.

23 (b) FEE REQUIREMENTS.—Section 214(c)(9)(A) of the

24 Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A))
16

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1 is amended in the text above clause (i) by striking ‘‘October

2 1, 2001’’ and inserting ‘‘October 1, 2002’’.

3 (c) DEPARTMENT OF LABOR INVESTIGATIVE AUTHORI4 TIES.—Section 413(e)(2) of the American Competitiveness

5 and Workforce Improvement Act of 1998 (as contained in

6 title IV of division C of Public Law 105–277) is amended

7 by striking ‘‘September 30, 2001’’ and inserting ‘‘September

8 30, 2002’’.

9 SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

10 Section 214(g)(3) of the Immigration and Nationality

11 Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows:

12 ‘‘(3) Aliens who are subject to the numerical limita13 tions of paragraph (1) shall be issued visas (or otherwise

14 provided nonimmigrant status) in the order in which peti15 tions are filed for such visas or status. If an alien who was

16 issued a visa or otherwise provided nonimmigrant status

17 and counted against the numerical limitations of para18 graph (1) is found to have been issued such visa or otherwise

19 provided such status by fraud or willfully misrepresenting

20 a material fact and such visa or nonimmigrant status is

21 revoked, then one number shall be restored to the total num22 ber of aliens who may be issued visas or otherwise provided

23 such status under the numerical limitations of paragraph

24 (1) in the fiscal year in which the petition is revoked, re-
17

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1 gardless of the fiscal year in which the petition was ap2 proved.’’.

3 SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIGITAL DIVIDE’’.

4 (a) STUDY.—The National Science Foundation shall

5 conduct a study of the divergence in access to high tech6 nology (commonly referred to as the ‘‘digital divide’’) in

7 the United States.

8 (b) REPORT.—Not later than 18 months after the date

9 of enactment of this Act, the Director of the National

10 Science Foundation shall submit a report to Congress set11 ting forth the findings of the study conducted under sub12 section (a).

13 SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER

14 ACCOUNT PROVISIONS.

15 (a) ALLOCATION OF FUNDS.—Section 286(s) of the Im16 migration and Nationality Act (8 U.S.C. 1356(s)) is

17 amended—

18 (1) in paragraph (2), by striking ‘‘56.3 percent’’

19 and inserting ‘‘36.2 percent’’;

20 (2) in paragraph (3), by striking ‘‘28.2 percent’’

21 and inserting ‘‘30.7 percent’’; and

22 (3) in paragraph (4)(A), by striking ‘‘4 percent’’

23 and inserting ‘‘2.5 percent’’.

24 (b) LOW-INCOME SCHOLARSHIP PROGRAM.—Section

25 414(d)(3) of the American Competitiveness and Workforce
18

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1 Improvement Act of 1998 (as contained in title IV of divi2 sion C of Public Law 105–277) is amended by striking

3 ‘‘2,500 per year.’’ and inserting ‘‘3,125 per year. The Direc4 tor may renew scholarships for up to 4 years.’’.

5 (c) NATIONAL SCIENCE FOUNDATION GRANT PRO6 GRAM.—Section 286(s)(4)(B) of the Immigration and Na7 tionality Act (8 U.S.C. 1356(s)) is amended to read as fol8 lows:

9 ‘‘(B) NATIONAL SCIENCE FOUNDATION COM10 PETITIVE GRANT PROGRAM FOR K–12 MATH,

11 SCIENCE AND TECHNOLOGY EDUCATION.—(i)

12 25.8 percent of the amounts deposited into the

13 H–1B Nonimmigrant Petitioner Account shall

14 remain available to the Director of the National

15 Science Foundation until expended to carry out

16 a direct and/or matching grant program to sup17 port private-public partnerships in K–12 edu18 cation.

19 ‘‘(ii) TYPES OF PROGRAMS COVERED.—The

20 Director shall award grants to such programs,

21 including, those which support the development

22 and implementation of standards-based instruc23 tional materials models and related student as24 sessments that enable K–12 students to acquire

25 an understanding of science, mathematics, and
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1 technology, as well as to develop critical thinking

2 skills; provide systemic improvement in training

3 K–12 teachers and education for students in

4 science, mathematics, and technology; stimulate

5 system-wide K–12 reform of science, mathe6 matics, and technology in rural, economically

7 disadvantaged regions of the United States; pro8 vide externships and other opportunities for stu9 dents to increase their appreciation and under10 standing of science, mathematics, engineering,

11 and technology; involve partnerships of industry,

12 educational institutions, and community organi13 zations to address the educational needs of dis14 advantaged communities; and college pre15 paratory support to expose and prepare students

16 for careers in science, mathematics, engineering,

17 and technology.’’.

18 (d) REPORTING REQUIREMENTS.—Section 414 of the

19 American Competitiveness and Workforce Improvement Act

20 of 1998 (as contained in title IV of division C of Public

21 Law 105–277) is amended by adding at the end the fol22 lowing new subsection:

23 ‘‘(e) The Secretary of the Department of Labor and

24 the Director of the National Science Foundation shall—
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1 ‘‘(1) track and monitor the performance of pro2 grams receiving H–1B Nonimmigrant Fee grant

3 money; and

4 ‘‘(2) not later than one year after the date of en5 actment of this subsection, submit a report to the

6 Committees on the Judiciary of the House of Rep7 resentatives and the Senate—

8 ‘‘(A) the tracking system to monitor the per9 formance of programs receiving H–1B grant

10 funding; and

11 ‘‘(B) the number of individuals who have

12 completed training and have entered the high13 skill workforce through these programs.’’.

14 SEC. 11. KIDS 2000 CRIME PREVENTION AND COMPUTER

15 EDUCATION INITIATIVE.

16 (a) SHORT TITLE.—This section may be cited as the

17 ‘‘Kids 2000 Act’’.

18 (b) FINDINGS.—Congress makes the following findings:

19 (1) There is an increasing epidemic of juvenile

20 crime throughout the United States.

21 (2) It is well documented that the majority of ju22 venile crimes take place during after-school hours.

23 (3) Knowledge of technology is becoming increas24 ingly necessary for children in school and out of

25 school.
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1 (4) The Boys and Girls Clubs of America have

2 2,700 clubs throughout all 50 States, serving over

3 3,000,000 boys and girls primarily from at-risk com4 munities.

5 (5) The Boys and Girls Clubs of America have

6 the physical structures in place for immediate imple7 mentation of an after-school technology program.

8 (6) Building technology centers and providing

9 integrated content and full-time staffing at those cen10 ters in the Boys and Girls Clubs of America nation11 wide will help foster education, job training, and an

12 alternative to crime for at-risk youth.

13 (7) Partnerships between the public sector and

14 the private sector are an effective way of providing

15 after-school technology programs in the Boys and

16 Girls Clubs of America.

17 (8) PowerUp: Bridging the Digital Divide is an

18 entity comprised of more than a dozen nonprofit or19 ganizations, major corporations, and Federal agencies

20 that have joined together to launch a major new ini21 tiative to help ensure that America’s underserved

22 young people acquire the skills, experiences, and re23 sources they need to succeed in the digital age.

24 (9) Bringing PowerUp into the Boys and Girls

25 Clubs of America will be an effective way to ensure
22

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1 that our youth have a safe, crime-free environment in

2 which to learn the technological skills they need to

3 close the divide between young people who have access

4 to computer-based information and technology-related

5 skills and those who do not.

6 (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO THE

7 BOYS AND GIRLS CLUBS OF AMERICA.—

8 (1) PURPOSES.—The Attorney General shall

9 make grants to the Boys and Girls Clubs of America

10 for the purpose of funding effective after-school tech11 nology programs, such as PowerUp, in order to

12 provide—

13 (A) constructive technology-focused activi14 ties that are part of a comprehensive program to

15 provide access to technology and technology

16 training to youth during after-school hours,

17 weekends, and school vacations;

18 (B) supervised activities in safe environ19 ments for youth; and

20 (C) full-time staffing with teachers, tutors,

21 and other qualified personnel.

22 (2) SUBAWARDS.—The Boys and Girls Clubs of

23 America shall make subawards to local boys and girls

24 clubs authorizing expenditures associated with pro25 viding technology programs such as PowerUp, includ-
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1 ing the hiring of teachers and other personnel, pro2 curement of goods and services, including computer

3 equipment, or such other purposes as are approved by

4 the Attorney General.

5 (d) APPLICATIONS.—

6 (1) ELIGIBILITY.—In order to be eligible to re7 ceive a grant under this section, an applicant for a

8 subaward (specified in subsection (c)(2)) shall submit

9 an application to the Boys and Girls Clubs of Amer10 ica, in such form and containing such information as

11 the Attorney General may reasonably require.

12 (2) APPLICATION REQUIREMENTS.—Each appli13 cation submitted in accordance with paragraph (1)

14 shall include—

15 (A) a request for a subgrant to be used for

16 the purposes of this section;

17 (B) a description of the communities to be

18 served by the grant, including the nature of juve19 nile crime, violence, and drug use in the commu20 nities;

21 (C) written assurances that Federal funds

22 received under this section will be used to supple23 ment and not supplant, non-Federal funds that

24 would otherwise be available for activities funded

25 under this section;
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1 (D) written assurances that all activities

2 funded under this section will be supervised by

3 qualified adults;

4 (E) a plan for assuring that program ac5 tivities will take place in a secure environment

6 that is free of crime and drugs;

7 (F) a plan outlining the utilization of con8 tent-based programs such as PowerUp, and the

9 provision of trained adult personnel to supervise

10 the after-school technology training; and

11 (G) any additional statistical or financial

12 information that the Boys and Girls Clubs of

13 America may reasonably require.

14 (e) GRANT AWARDS.—In awarding subgrants under

15 this section, the Boys and Girls Clubs of America shall

16 consider—

17 (1) the ability of the applicant to provide the in18 tended services;

19 (2) the history and establishment of the appli20 cant in providing youth activities; and

21 (3) the extent to which services will be provided

22 in crime-prone areas and technologically underserved

23 populations, and efforts to achieve an equitable geo24 graphic distribution of the grant awards.

25 (f) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There is authorized to be ap2 propriated $20,000,000 for each of the fiscal years

3 2001 through 2006 to carry out this section.

4 (2) SOURCE OF FUNDS.—Funds to carry out this

5 section may be derived from the Violent Crime Reduc6 tion Trust Fund.

7 (3) CONTINUED AVAILABILITY.—Amounts made

8 available under this subsection shall remain available

9 until expended.

Amend the title to read as follows: ‘‘A bill to amend

the Immigration and Nationality Act with respect to H–

1B nonimmigrant aliens, and to establish a crime prevention and computer education initiative.’’.