I
106TH CONGRESS
2D SESSION
H. R. 4200
To amend the Immigration and Nationality Act with respect to H–1B non-
immigrant aliens and to assure fair distribution of employment-based
immigrant visas, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 2000
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act with respect
to H–1B nonimmigrant aliens and to assure fair dis-
tribution of employment-based immigrant visas, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘American Worker Information Technology Skills Im-
provement Act of 2000 (AWITSIA)’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PROVISIONS RELATING TO H–1B NONIMMIGRANTS
Subtitle A—Provisions Relating to Numerical Limitations
Sec. 101. Temporary increase in number of aliens authorized to be granted H–
1B nonimmigrant status; exception for high unemployment
rate.
Sec. 102. Allocation of H–1B numbers for highly skilled professionals.
Sec. 103. Additional H–1B visas for fiscal year 1999.
Subtitle B—Provisions Relating to H1–B Nonimmigrant Petitioner Fees
Sec. 111. Collection and use of fees.
Sec. 112. Narrowing the digital divide.
Subtitle C—Information Technology Training
Sec. 121. Information technology training initiative.
Subtitle D—Obligations of Petitioning Employers
Sec. 131. Employer attestations.
Sec. 132. Surprise compliance investigations; subpoena power.
Sec. 133. Department of labor survey.
Sec. 134. Random reviews of recruitment efforts.
TITLE II—PROVISIONS RELATING TO EMPLOYMENT-BASED
IMMIGRATION
Sec. 201. Assuring fair distribution of employment-based visas.
TITLE III—KIDS 2000
Sec. 301. After-school technology grants to the Boys and Girls Clubs of Amer-
ica.
Sec. 302. Applications.
Sec. 303. Grant awards.
TITLE IV—LEGAL AMNESTY RESTORATION ACT OF 2000
Sec. 401. Record of admission for permanent residence for certain aliens who
entered prior to 1986.
TITLE V—CENTRAL AMERICAN AND HAITIAN ADJUSTMENT ACT
Sec. 501. Adjustment of status for certain nationals from El Salvador, Guate-
mala, Honduras, and Haiti.
Sec. 502. Applications pending under section 203 of the Nicaraguan Adjust-
ment and Central American Relief Act.
Sec. 503. Applications pending under the Haitian Refugee Immigration Fair-
ness Act of 1998.
Sec. 504. Technical amendments to the Nicaraguan Adjustment and Central
American Relief Act.
Sec. 505. Technical amendments to the Haitian Immigration Fairness Act of
1998.
Sec. 506. Motions to reopen.
TITLE I—PROVISIONS RELATING
TO H–1B NONIMMIGRANTS
Subtitle A—Provisions Relating to
Numerical Limitations
SEC. 101. TEMPORARY INCREASE IN NUMBER OF ALIENS
AUTHORIZED TO BE GRANTED H–1B NON-
IMMIGRANT STATUS; EXCEPTION FOR HIGH
UNEMPLOYMENT RATE
(a) IN GENERAL.—Section 214(g)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(1)(A))
is amended—
(1) in clause (iii), by striking ‘‘115,000’’ and
inserting ‘‘225,000’’;
(2) in clause (iv), by striking ‘‘107,500’’ and in-
serting ‘‘225,000’’; and
(3) in clause (v), by striking ‘‘65,000’’ and in-
serting ‘‘225,000’’.
(b) EXCEPTION.—Section 214(g) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)) is amended by
adding at the end the following:
‘‘(5) The numerical limitations contained in clauses
(iii), (iv), and (v) of paragraph (1)(A) shall be reduced—
‘‘(A) to 110,000 in a fiscal year, if in the prior
fiscal year the 12-month unemployment rate (as de-
termined by the Bureau of Labor Statistics of the
Department of Labor) exceeds 5 percent; and
‘‘(B) to 65,000 in a fiscal year, if in the prior
fiscal year the 12-month unemployment rate (as de-
termined by the Bureau of Labor Statistics of the
Department of Labor) exceeds 6 percent.’’.
SEC. 102. ALLOCATION OF H–1B NUMBERS FOR HIGHLY
SKILLED PROFESSIONALS.
Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)), as amended by section 101, is
further amended by adding at the end the following:
‘‘(6) Of the total number of aliens authorized to be
granted 
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(b)—
‘‘(A) 40 percent for fiscal year 2000, 50 per-
cent for fiscal year 2001, and 60 percent for fiscal
year 2002, are authorized for such status only if the
aliens have attained at least a master’s degree from
an institution of higher education (as defined in sec-
tion 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))) in the United States or an
equivalent degree (as determined in a credential
evaluation performed by a private entity prior to fil-
ing a petition) from such an institution abroad; and
‘‘(B) of the number reserved under subpara-
graph (A) for each of fiscal years 2000 through
2002, 10,000 are authorized only if the aliens have
attained at least a PhD degree from an institution
of higher education described in subparagraph (A)
or an equivalent degree (as determined in an evalua-
tion described in such subparagraph).’’.
SEC. 103. ADDITIONAL H–1B VISAS FOR FISCAL YEAR 1999.
(a) 
IN
GENERAL.—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 non-
immigrant 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—
(1) who are issued such a visa or provided such
status during the period beginning on the date on
which the numerical limitation in such section
214(g)(1)(A)(ii) is reached and ending on September
30, 1999; and
(2) with respect to whom the action described
in paragraph (1) is counted in determining whether
such numerical limitation has been reached.
(b) MAINTENANCE OF STATUS.—An alien issued a
visa or otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(H)(i)(b) of the Immigration and Nation-
ality Act in fiscal year 1999 may maintain that status
without regard to whether it was provided in accordance
with section 214(g)(1)(A)(ii) of such Act.
(c) EFFECTIVE DATE.—This section shall take effect
as if included in the enactment of section 411 of the Amer-
ican Competitiveness and Workforce Improvement Act of
1998 (as contained in title IV of division C of the Omnibus
Consolidated and Emergency Supplemental Appropria-
tions Act, 1999; Public Law 105–277).
Subtitle B—Provisions Relating to
H1–B Nonimmigrant Petitioner
Fees
SEC. 111. COLLECTION AND USE OF FEES.
(a) ESTABLISHMENT OF FEES.—
(1) IN GENERAL.—Section 214(c)(9) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(9))
is amended—
(A) in subparagraph (A), by striking ‘‘(ex-
cluding’’ and all that follows through ‘‘2001)’’
and inserting ‘‘(excluding any employer that is
a primary or secondary education institution,
an institution of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)), a nonprofit research
organization, or government-related research in-
stitution) filing’’; and
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) Except as provided in subparagraph (D), the
amount of the fee for each such petition shall be as fol-
lows:
‘‘(i) For an employer employing not more than
150 employees, $1,000.
‘‘(ii) For an employer employing more than 150
employees, $2,000.’’.
(2) EXCEPTION.—Section 214(c)(9) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(9))
is amended by adding at the end the following new
subparagraphs:
‘‘(D) Any employer that has at least 51 full-time
equivalent employees who are employed in the United
States, and employs nonimmigrants described in section
101(a)(5)(H)(i)(b) in a number that is equal to at least
15 percent of the number of such full-time equivalent em-
ployees, shall pay $3,000 per visa petition filed.
‘‘(E) Any employer that is a public school district
shall only be required to pay for visa petitions in excess
of 5 in any fiscal year.’’.
(b) USE OF FEES.—Section 286(s) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(s)) is amended—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) USE OF FEES FOR INFORMATION TECH-
NOLOGY SKILLS TRAINING.—50 percent of amounts
deposited into the H–1B Nonimmigrant Petitioner
Account shall remain available to the Secretary of
Labor until expended to carry out the Information
Technology Training Initiative established by section
121 of the Information Technology Skills Improve-
ment Act of 2000.’’;
(2) in paragraph (3), by striking ‘‘28.2 per-
cent’’ and inserting ‘‘30 percent’’;
(3) by amending paragraph (5) to read as fol-
lows:
‘‘(5) USE OF FEES FOR DUTIES RELATING TO
PETITIONS.—5 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) and under paragraph (1) (C) or
(D) of section 204 related to petitions for immi-
grants described in section 203(b).’’; and
(4) by amending paragraph (6) to read as fol-
lows:
‘‘(6) USE OF FEES FOR APPLICATION, PROC-
ESSING, AND ENFORCEMENT.—Of the amounts de-
posited into the H–1B Nonimmigrant Petitioner Ac-
count, 6 percent of such amounts shall remain avail-
able to the Secretary of Labor until expended for de-
creasing the processing time for applications under
section 
212(n)(1), 
for 
carrying 
out 
section
212(n)(2), and for carrying out section 203(b), to be
allocated as follows:
‘‘(A) For the processing of applications
under section 212(n)(1), and for decreasing the
processing time of applications for visas under
section 203(b), 3 percent of the amounts depos-
ited into the H–1B Nonimmigrant Petitioner
Account. Any funds allocated under this sub-
paragraph that are unobligated as of September
30, 2002, may be used for the enforcement ac-
tions described in subparagraph (B).
‘‘(B) For enforcement actions under sec-
tion 212(n)(2), 3 percent of the amounts depos-
ited into the H–1B Nonimmigrant Petitioner
Account.’’.
(c) EXPANSION OF ELIGIBILITY FOR LOW-INCOME
SCHOLARSHIP PROGRAM.—Section 414(d) of the Amer-
ican Competitiveness and Workforce Improvement Act of
1998 (as contained in Public Law 105–277; 112 Stat.
2681–653) is amended in paragraph (2)(A)(i) by striking
‘‘alien’’ and all that follows through ‘‘residence’’ and in-
serting the following: ‘‘an alien described in section 431
(b) or (c) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641)’’.
SEC. 112. PROVIDING FUNDING FOR KIDS 2000 AND
NETPREPGYRLS.
(a) AMENDMENT OF THE INA.—Section 286(s)(4) (8
U.S.C. 1356(s)(4)) of the Immigration and Nationality
Act is amended to read as follows:
‘‘(4) USE
OF
FUNDS
FOR
KIDS
2000
AND
NETPREPGYRLS.—9 percent of the amounts depos-
ited into the H–1B Nonimmigrant Petitioner Ac-
count shall remain available until expended—
‘‘(A) to make grants under title III of the
Information Technology Skills Improvement Act
of 2000 (relating to Kids 2000); and
‘‘(B) to make grants to expand the pro-
gram known as the ‘NetPrepGyrls’ program
(which allows high school girls to focus their
technical education on computer networking,
leading to an industry-standard certification).’’.
(b) CONFORMING AMENDMENT.—Section 414(d)(3)
of the American Competitiveness and Workforce Improve-
ment Act of 1998 (as contained in Public Law 105–277)
is amended by striking ‘‘, except that’’ and all that follows
through ‘‘year’’.
Subtitle C—Information
Technology Training
SEC. 121. INFORMATION TECHNOLOGY TRAINING INITIA-
TIVE.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of Labor shall establish a program within the Department
of Labor which shall be known as the ‘‘Information Tech-
nology Training Initiative’’ (in this section referred to as
the ‘‘program’’) for the purpose of providing training in
information technology skills to United States workers.
(b) GRANTS.—
(1) ELIGIBILITY.—To carry out the program,
the Secretary of Labor shall, subject to the avail-
ability of appropriations, award grants to local work-
force investment boards established under section
117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832) or an approved labor management coa-
lition training initiative.
(2) PARTNERSHIPS.—Each workforce invest-
ment board receiving grant funds under paragraph
(1) shall represent a partnership consisting of at
least—
(A) one workforce investment board;
(B) one community-based organization or
higher education institution;
(C) one business or business-related non-
profit organization such as a trade association;
and
(D) one labor union.
(3) DESIGNATION
OF
RESPONSIBLE
FISCAL
AGENTS.—Each partnership formed under para-
graph (1) shall designate a responsible fiscal agent
to receive and disburse grant funds under this sec-
tion.
(4) PRIORITY IN GRANT AWARDS.—Priority in
the awarding of grants shall be given to any regional
partnership that—
(A) involves and directly benefits more
than one small business (each consisting of 50
employees or less); or
(B) involves labor-management partner-
ships.
(c) START-UP FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of any single
grant, or not to exceed $75,000, whichever is lesser,
may be used toward the start-up costs of regional
partnerships or new training programs.
(2) EXCEPTION.—In the case of small busi-
nesses, not more than 10 percent of any single grant
awarded under the program, or $150,000, whichever
is lesser, may be used toward the start-up costs of
regional partnerships or new training programs.
(3) DURATION
OF
START-UP
PERIOD.—For
purposes of this section, a start-up period consists of
a period of not more than 2 months after the grant
award is announced, at which time training shall im-
mediately begin and no further Federal funds may
be used for start-up purposes.
(d) TRAINING.—
(1) IN GENERAL.—Training funded by the pro-
gram shall be relatively short-term training that may
result in skills of differing levels along a career lad-
der, not necessarily high skill levels that would ordi-
narily be expected of a 2- to 4-year degree program
or of a Master’s degree holder or higher. Priority
shall be given to the use of grant funds to dem-
onstrate a significant ability to expand a training
program through such means as training more work-
ers and retraining current workers (particularly
older and retired workers) or offering more courses,
or to support small business or labor-management
training programs. All training shall be justified
with evidence of skill shortages as demonstrated
through reliable regional, State, or local data.
(2) 
ALLOCATION
OF
GRANTS.—The 
total
amount of grants awarded under the program shall
be allocated as follows:
(A) 80 percent of the grants shall be
awarded to programs that train employed and
unemployed workers in skills that are in short-
age in the high technology, information tech-
nology and biotechnology fields, including soft-
ware 
and 
communications 
services, 
tele-
communications, systems installation and inte-
gration, computers and communications hard-
ware, health care technology, biotechnology and
biomedical research and manufacturing, and in-
novation services.
(B) 20 percent of the grants shall be avail-
able for training programs that train employed
and unemployed workers for any skill shortage
related to an inability to hire or to retain H–
1B workers.
(3) H–1B WORKER
DEFINED.—In paragraph
(2)(B), the term ‘‘H–1B worker’’ means a non-
immigrant alien under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act.
(e) TRAINING OUTCOMES.—
(1) PREFERENCE FOR CERTAIN PROGRAMS.—
Preference in the awarding of grants shall be given
to applicants that provide a specific, measurable
commitment upon successful completion of a train-
ing course, to—
(A) hire unemployed trainees (where appli-
cable);
(B) increase the wages or salary of incum-
bent workers (where applicable); and
(C) provide skill certifications to trainees
or link the training to industry-accepted occu-
pational skill standards, certificates, or licens-
ing requirements.
(2) REQUIREMENTS
FOR
GRANT
APPLICA-
TIONS.—Applications for grants under the program
shall articulate the level of skills that workers will be
trained for and the manner by which attainment of
those skills will be measured.
(f) TARGET POPULATION.—Training programs eligi-
ble for grants under the program shall make efforts to
actively recruit and train those who traditionally are
under-represented in information technology occupations,
such as minorities, women, low-wage workers, workers re-
siding in Empowerment Zones/Enterprise Communities,
and people with disabilities.
(g) MATCHING FUNDS.—Each workforce investment
board receiving grant funds under the program shall dem-
onstrate the manner by which the partnership will provide
matching resources (cash, or in-kind contributions, or
both) equal to at least 50 percent of the total grant
amount awarded. Preference in the award of grants shall
be given to applicants that provide specific commitments
of resources from other public or private sources so as to
demonstrate the long-term sustainability of the training
program after the grant expires.
Subtitle D—Obligations of
Petitioning Employers
SEC. 131. EMPLOYER ATTESTATIONS.
Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)) is amended by inserting after
subparagraph (G) the following:
‘‘(H) In the case of an application filed by an
H–1B dependent employer, the employer—
‘‘(i) did not displace and will not displace
a United States worker between the period of 6
months before and 6 months after the date of
filing of any visa petition supported by the
labor condition application; and
‘‘(ii) is making efforts to continually train
and update the existing skills of incumbent em-
ployees, and to promote such employees where
possible.
‘‘(I) The employer has not and will not require
any alien whose employment is sought pursuant to
the application, or any such nonimmigrant, to enter
into or comply with an employment contract provi-
sion that requires the alien to agree to a specific
term of employment or pay a penalty or damages to
the employer if employment is terminated before the
end of a specified period.
‘‘(J) The employer certifies that the employer—
‘‘(i) is taking steps to recruit qualified
United States workers who are members of
underrepresented minority groups, including—
‘‘(I) recruiting at a wide geographical
distribution of institutions of higher edu-
cation, including historically black colleges
and universities, other minority institu-
tions, community colleges, and vocational
and technical colleges; and
‘‘(II) advertising of jobs to publica-
tions reaching underrepresented groups of
United States workers, including workers
older than 35, minority groups, non-
English speakers, and disabled veterans;
and
‘‘(ii) will submit to the Secretary of Labor
at the end of each fiscal year in which the em-
ployer employs an H–1B worker a report that
describes the steps so taken.
For purposes of this subparagraph, the term ‘minor-
ity’ includes individuals who are African-American,
Hispanic, Asian, and women.’’.
SEC. 132. SURPRISE COMPLIANCE INVESTIGATIONS; SUB-
POENA POWER
Section 212(n)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(2)) is amended by adding at the
end the following:
‘‘(I) Notwithstanding any other provision of this
paragraph, the Secretary is authorized to subject employ-
ers, without prior notice, to spot investigations to deter-
mine whether the conditions of paragraph (1) are being
satisfied and whether the employer made any misrepresen-
tations of material fact in the application under such para-
graph.
‘‘(J) For the purpose of any hearing or investigation
provided for in this subsection, the provisions of sections
9 and 10 (relating to the attendance of witnesses and the
production of books, papers, and documents) of the Fed-
eral Trade Commission Act (15 U.S.C. 49 and 50) are
made applicable to the jurisdiction, powers, and duties of
the Secretary.’’.
SEC. 133. DEPARTMENT OF LABOR SURVEY.
The Secretary of Labor is authorized to conduct an
ongoing survey of employers to determine the degree of
compliance with the provisions and requirements of sec-
tion 212(n) of the Immigration and Nationality Act (8
U.S.C. 1182(n)).
SEC. 134. RANDOM REVIEWS OF RECRUITMENT EFFORTS.
The Inspector General in the Department of Labor
shall perform periodic reviews of randomly selected appli-
cants under section 212(n) of the Immigration and Na-
tionality Act to determine whether employers filing appli-
cations under such section are making good faith efforts
to hire United States workers.
TITLE 
II—PROVISIONS 
RELAT-
ING TO EMPLOYMENT-BASED
IMMIGRATION
SEC. 201. ASSURING FAIR DISTRIBUTION OF EMPLOYMENT-
BASED VISAS.
(a) LIMITATION ON PER COUNTRY CEILING WITH
RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.—
(1) SPECIAL RULES.—Section 202(a) of the Im-
migration 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
IMMI-
GRANTS.—
‘‘(A) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS NOT SUBJECT TO PER COUNTRY LIMI-
TATION IF ADDITIONAL VISAS AVAILABLE.—If
the total number of visas available under para-
graph (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 respective 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 para-
graph), in applying subsection (e) all visas shall
be deemed to have been required for the classes
of aliens specified in section 203(b).’’.
(2) CONFORMING AMENDMENTS.—
(A) PER COUNTRY LEVELS FOR EMPLOY-
MENT-BASED IMMIGRANTS.—Section 202(a)(2)
of such Act (8 U.S.C. 1152(a)(2)) is amended
by striking ‘‘paragraphs (3) and (4)’’ and in-
serting ‘‘paragraphs (3), (4), and (5)’’.
(B) SPECIAL RULES FOR COUNTRIES AT
CEILING.—Section 202(e)(3) of such 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’’.
(3) ONE-TIME PROTECTION UNDER PER COUN-
TRY CEILING.—Notwithstanding section 214(g)(4) of
the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)), any alien who—
(A) is the beneficiary of a petition filed
under section 204(a) of such Act for a pref-
erence status under paragraph (1), (2), or (3)
of section 203(b) of such Act; and
(B) would be subject to the per country
limitations applicable to immigrants under
those paragraphs but for this paragraph,
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.
(4) EFFECTIVE DATE.—The amendments made
by paragraphs (1) and (2) apply to calendar quar-
ters beginning on or after October 1, 2000.
(b) 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 para-
graph (2). Visas made available under this sub-
section shall only be available in a fiscal year to em-
ployment-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 subpara-
graph (B), the number described in this para-
graph is the difference between the number of
employment-based visas that were made avail-
able in fiscal year 1999 and 2000 and the num-
ber 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 cumu-
lative number of immigrant visas made avail-
able 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 Immi-
gration 
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)).
TITLE III—KIDS 2000
SEC. 301. AFTER-SCHOOL TECHNOLOGY GRANTS TO THE
BOYS AND GIRLS CLUBS OF AMERICA.
(a) PURPOSES.—The Attorney General shall make
grants to the Boys and Girls Clubs of America for the
purpose of funding effective after-school technology pro-
grams, such as PowerUp, in order to provide—
(1) constructive technology-focussed 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;
(2) supervised activities in safe environments
for youth; and
(3) full-time staffing with teachers, tutors, and
other qualified personnel.
(b) 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 hir-
ing of teachers and other personnel, procurement of goods
and services, including computer equipment, or such other
purposes as are approved by the Attorney General.
SEC. 302. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive
a grant under this title, an applicant for a subaward (spec-
ified in section 301(b)) shall submit an application to the
Boys and Girls Clubs of America, in such form and con-
taining such information as the Attorney General may rea-
sonably require.
(b) APPLICATION REQUIREMENTS.—Each applica-
tion submitted in accordance with subsection (a) shall
include—
(1) a request for a subgrant to be used for the
purposes of this Act;
(2) a description of the communities to be
served by the grant, including the nature of juvenile
crime, violence, and drug use in the communities;
(3) written assurances that Federal funds re-
ceived under this Act will be used to supplement and
not supplant, non-Federal funds that would other-
wise be available for activities funded under this Act;
(4) written assurances that all activities funded
under this Act will be supervised by qualified adults;
(5) a plan for assuring that program activities
will take place in a secure environment that is free
of crime and drugs;
(6) 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
(7) any additional statistical or financial infor-
mation that the Boys and Girls Clubs of America
may reasonably require.
SEC. 303. GRANT AWARDS.
In awarding subgrants under this title, 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 appli-
cant 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 geo-
graphic distribution of the grant awards.
TITLE IV—LEGAL AMNESTY
RESTORATION ACT OF 2000
SEC. 401. RECORD OF ADMISSION FOR PERMANENT RESI-
DENCE FOR CERTAIN ALIENS WHO ENTERED
PRIOR TO 1986.
(a) IN GENERAL.—Section 249 of the Immigration
and Nationality Act (8 U.S.C. 1259) is amended—
(1) in the section heading, by striking ‘‘1972’’
and inserting ‘‘1986’’; and
(2) in subsection (a), by striking ‘‘1972;’’ and
inserting ‘‘1986;’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such Act is amended in the item relating to section
249 by striking ‘‘1972’’ and inserting ‘‘1986’’.
TITLE V—CENTRAL AMERICAN
AND HAITIAN ADJUSTMENT ACT
SEC. 501. ADJUSTMENT OF STATUS FOR CERTAIN NATION-
ALS FROM EL SALVADOR, GUATEMALA, HON-
DURAS, AND HAITI.
(a) Section 202 of the Nicaraguan Adjustment and
Central American Relief Act is amended—
(1) in the section heading, by striking ‘‘NICA-
RAGUANS
AND
CUBANS’’ and inserting ‘‘NICA-
RAGUANS, 
CUBANS, 
SALVADORANS, 
GUATE-
MALANS, HONDURANS, AND HAITIANS’’;
(2) in subparagraph (a)(1)(A), by striking
‘‘2000’’ and inserting ‘‘2003’’;
(3) in paragraph (b)(1), by striking ‘‘Nicaragua
or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal-
vador, Guatemala, Honduras, or Haiti’’; and
(4) in subparagraph (d)(1)(E), by striking
‘‘2000’’ and inserting ‘‘2003’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall be effective upon the date of enactment
of this Act.
SEC. 502. APPLICATIONS PENDING UNDER SECTION 203 OF
THE NICARAGUAN ADJUSTMENT AND CEN-
TRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national
of Guatemala or El Salvador under section 203 of the Nic-
araguan Adjustment and Central American Relief Act
which was filed on or before the date of enactment of this
Act, and on which a final administrative determination has
not been made, may be converted by the applicant to an
application for adjustment of status under the provisions
of section 202 of the Nicaraguan Adjustment and Central
American Relief Act, as amended, upon the payment of
any fees, and in accordance with procedures, that the At-
torney General shall prescribe by regulation. The Attorney
General shall not be required to refund any fees paid in
connection with an application filed by a national of Gua-
temala or El Salvador under section 203 of the Nica-
raguan Adjustment and Central American Relief Act.
SEC. 503. APPLICATIONS PENDING UNDER THE HAITIAN
REFUGEE IMMIGRATION FAIRNESS ACT OF
1998.
An application for adjustment of status properly filed
by a national of Haiti under the Haitian Refugee Immi-
gration Fairness Act of 1998 which was filed on or before
the date of enactment of this Act, and on which a final
administrative determination has not been made, may be
considered by the Attorney General, in her unreviewable
discretion, to also constitute an application for adjustment
of status under the provisions of section 202 of the Nica-
raguan Adjustment and Central American Relief Act, as
amended.
SEC. 504. TECHNICAL AMENDMENTS TO THE NICARAGUAN
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT.
(a) Section 202 of the Nicaraguan Adjustment and
Central American Relief Act is amended—
(1) in subparagraph (a)(1)(B), by adding after
the word ‘‘apply’’—‘‘and the Attorney General may,
in her unreviewable discretion, waive the grounds of
inadmissibility specified in clause 212(a)(1)(A)(i)
and paragraph 212(a)(6)(C) of the Immigration and
Nationality Act for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the pub-
lic interest’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3), and adding the fol-
lowing as paragraph (2)—
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsections (b) or (d) for either adjust-
ment of status under this section or other relief nec-
essary to establish eligibility for such adjustment,
the provisions of section 241(a)(5) of the Immigra-
tion and Nationality Act shall not apply. In addition,
an alien who would otherwise be inadmissible pursu-
ant to sections 212(a)(9) (A) or (C) of the Immigra-
tion and Nationality Act may apply for the Attorney
General’s consent to reapply for admission without
regard to the requirement that the consent be grant-
ed prior to the date of the alien’s reembarkation at
a place outside the United States or attempt to be
admitted from foreign contiguous territory, in order
to qualify for the exception to those grounds of inad-
missibility set forth in sections 212(a)(9)(A)(iii) and
212(a)(9)(C)(ii) of the Immigration and Nationality
Act.’’
(3) in subsection (a), by striking redesignated
paragraph (3), and inserting in its place—
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
United States as an immigrant following to join
the principal applicant, provided that the
spouse or child:
‘‘(i) meets the requirements in sub-
paragraphs (1) (B) and (D); and
‘‘(ii) applies for such a visa within a
time period to be established by regulation.
‘‘(B) The Secretary of State may retain
fees to recover the cost of immigrant visa appli-
cation processing and issuance for certain
spouses and children of aliens whose applica-
tions for adjustment of status under subsection
(a) have been approved, provided that such
fees:
‘‘(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
‘‘(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities.’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following—‘‘or an immi-
grant classification’’; and
(8) by adding at the end the following
subsection—
‘‘(i) ADMISSIONS.—Nothing in this
section shall be construed as authorizing
an alien to apply for admission to, be ad-
mitted to, be paroled into, or otherwise
lawfully return to the United States, to
apply for or to pursue an application for
adjustment of status under this section
without the express authorization of the
Attorney General.’’
(b) EFFECTIVE DATE.—The amendments made by
subsections (a)(3), (a)(4), and (a)(8) shall be effective as
if included in the enactment of the Nicaraguan and Cen-
tral American Relief Act. The amendments made by sub-
sections (a)(1), (a)(2), (a)(5), (a)(6), and (a)(7) shall ef-
fective as of the date of enactment of this Act.
SEC. 505. TECHNICAL AMENDMENTS TO THE HAITIAN IMMI-
GRATION FAIRNESS ACT OF 1998.
(a) Section 902 of the Haitian Refugee Immigration
Fairness Act of 1998 is amended—
(1) in subparagraph (a)(1)(B), by adding after
the word ‘‘apply’’—‘‘and the Attorney General may,
in her unreviewable discretion, waive the grounds of
inadmissibility specified in clause 212(a)(1)(A)(i)
and paragraph 212(a)(6)(C) of the Immigration and
Nationality Act for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the pub-
lic interest’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3), and adding the fol-
lowing as paragraph (2)—
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsections (b) or (d) for either adjust-
ment of status under this section or other relief nec-
essary to establish eligibility for such adjustment, or
for permission to reapply for admission to the
United States for the purpose of adjustment of sta-
tus under this section, the provisions of section
241(a)(5) of the Immigration and Nationality Act
shall not apply. In addition, an alien who would oth-
erwise 
be 
inadmissible 
pursuant 
to 
sections
212(a)(9)(A) or (C) of the Immigration and Nation-
ality Act may apply for the Attorney General’s con-
sent to reapply for admission without regard to the
requirement that the consent be granted prior to the
date of the alien’s reembarkation at a place outside
the United States or attempt to be admitted from
foreign contiguous territory, in order to qualify for
the exception to those grounds of inadmissibility set
forth 
in 
sections 
212(a)(9)(A)(iii) 
and
212(a)(9)(C)(ii) of the Immigration and Nationality
Act.’’;
(3) in subsection (a), by striking redesignated
paragraph (3), and inserting in its place—
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a
condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or
vacate such order. Such an alien may be required to
seek a stay of such an order in accordance with sub-
section (c) to prevent the execution of that order
pending the adjudication of the application for ad-
justment of status. If the Attorney General denies a
stay of a final order of exclusion, deportation, or re-
moval, or if the Attorney General renders a final ad-
ministrative determination to deny the application
for adjustment of status, the order shall be effective
and enforceable to the same extent as if the applica-
tion had not been made. If the Attorney General
grants the application for adjustment of status, the
Attorney General shall cancel the order.’’;
(4) in paragraph (b)(1), by adding at the end
the following—‘‘However, subsection (a) shall not
apply to an alien lawfully admitted for permanent
residence, unless he or she is applying for such relief
in deportation or removal proceedings.’’;
(5) in paragraph (c)(1), by adding at the end
the following—‘‘Nothing in this Act shall require the
Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this
Act.’’;
(6) in subsection (d)—
(A) by revising the subsection heading to
read ‘‘SPOUSES, CHILDREN, AND UNMARRIED
SONS AND DAUGHTERS.—’’;
(B) in paragraph (1), by revising the head-
ing to read ‘‘ADJUSTMENT OF STATUS.—’’;
(C) by striking subparagraph (1)(A), and
replacing it with the following—
‘‘(A) the alien entered the United States
on or before the date of enactment of the Infor-
mation Technology Skills Improvement Act of
2000;’’;
(D) in subparagraph (1)(B), by inserting
the following after ‘‘except that’’—‘‘: (i) in the
case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying mar-
riage was entered into before the date of enact-
ment of the Information Technology Skills Im-
provement Act of 2000; and (ii)’’;
(E) in paragraph (1), by creating a new
subparagraph (E) as follows—
‘‘(E) the alien applies for such adjustment
before April 3, 2003.’’; and
(F) by creating a new paragraph (3) to
read as follows—
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
(A) In accordance with regulations to be
promulgated by the Attorney General and the
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
United States as an immigrant following to join
the principal applicant, provided that the
spouse or child:
(i) meets the requirements in subpara-
graphs (1) (B) and (D); and
(ii) applies for such a visa within a
time period to be established by regulation.
(B) The Secretary of State may retain fees
to recover the cost of immigrant visa applica-
tion processing and issuance for certain spouses
and children of aliens whose applications for ad-
justment of status under subsection (a) have
been approved, provided that such fees:
(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities.’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following—‘‘or an immi-
grant classification’’; and
(8) by redesignating subsections (i), (j), and (k)
as (j), (k), and (l) respectively, and adding as sub-
section (i) the following—
‘‘(i) ADMISSIONS.—Nothing in this section shall be
construed as authorizing an alien to apply for admission
to, be admitted to, be paroled into, or otherwise lawfully
return to the United States, to apply for or to pursue an
application for adjustment of status under this section
without the express authorization of the Attorney Gen-
eral.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsections (a)(3), (a)(4), and (a)(8) of this Act shall be
effective as if included in the enactment of the Haitian
Refugee Immigration Fairness Act of 1998. The amend-
ments made by subsections (a)(1), (a)(2), (a)(5), (a)(6),
and (a)(7) shall be effective as of the date of enactment
of this Act.
SEC. 506. MOTIONS TO REOPEN.
(a) Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Haiti
who, on the date of enactment of this Act, has a final
administrative denial of an application for adjustment of
status under the Haitian Refugee Immigration Fairness
Act of 1988, and is made eligible for adjustment of status
under that Act by the amendments made by this title, may
file one motion to reopen exclusion, deportation, or re-
moval proceedings to have the application considered
again. All such motions shall be filed within 180 days of
the date of enactment of this Act. The scope of any pro-
ceeding reopened on this basis shall be limited to a deter-
mination of the alien’s eligibility for adjustment of status
under the Haitian Refugee Immigration Fairness Act of
1988.
(b) Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Cuba
or Nicaragua who, on the date of enactment of the Act,
has a final administrative denial of an application for ad-
justment of status under the Nicaraguan Adjustment and
Central American Relief Act, and who is made eligible for
adjustment of status under that Act by the amendments
made by this title, may file one motion to reopen exclusion,
deportation, or removal proceedings to have the applica-
tion considered again. All such motions shall be filed with-
in 180 days of the date of enactment of this Act. The
scope of any proceeding reopened on this basis shall be
limited to a determination of the alien’s eligibility for ad-
justment of status under the Nicaraguan Adjustment and
Central American Relief Act.
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