Kids 2000 Act
PL 106-313 (S.2045), enacted 10/17/2000

PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1251 
Public Law 106-313 
106th Congress 
An Act 
To amend the Immigration and Nationality Act with respect to H-IB 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)(lXA)) 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)(l)(AXii) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(l)(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)(l)(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 Sep-
tember 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. Not-
withstanding section 214(g)(l)(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 
Oct. 17, 2000 
[S. 2045] 
American 
Competitiveness 
in the Twenty-
first Centuiy Act 
of 2000. 
8 u s e 1101 note. 
8 u s e 1184 note. 
114 STAT. 1252 
PUBLIC LAW 106-313—OCT. 17, 2000 
a petition during the period beginning on the date on which 
the hmitation in such section 214(g)(l)(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 para-
graphs: 
"(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 emplojnnent) at— 
"(A) £in 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 para-
graph (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 approved 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 avail-
able under that paragraph shall be issued without regard 
to the numerical limitation under paragraph (2) of this 
subsection during the remainder of the calendar quarter. 
"(B) 
LIMITING FALL ACROSS FOR CERTAIN COUNTRIES 
SUBJECT TO SUBSECTION (e).—In the case of a foreign state 
or dependent area to which subsection (e) applies, if the 
total number of visas issued under section 203(b) exceeds 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1253 
the maximum number of visas that may be made available 
to immigrants of the state or area under section 203(b) 
consistent with subsection (e) (determined without regard 
to this paragraph), in applying subsection (e) all visas 
shall be deemed to have been required for the classes 
of aliens specified in section 203(b).". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 202(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)(2)) is amended by striking "paragraphs 
(3) and (4)" and inserting "paragraphs (3), (4), and (5)". 
(2) Section 202(e)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1152(e)(3)) is amended by striking "the proportion 
of the visa numbers" and inserting "except as provided in 
subsection (a)(5), the proportion of the visa numbers". 
(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.— 8 use ii84 note. 
Notwithstanding section 214(g)(4) of the Immigration and Nation-
ality 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 adjust-
ment of status has been processed and a decision made thereon. 
SEC. 105. INCREASED PORTABILITY OF H-IB STATUS. 
(a) IN GENERAL.—Section 214 of the Immigration and Nation-
ality Act (8 U.S.C. 1184) is amended by adding at the end the 
following new subsection: 
"(m)(l) 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 benalf of such nonimmigrant as provided under sub-
section (a). Emplojmtient 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) 8 use 1184 note, 
shall apply to petitions filed before, on, or after the date of enact-
ment of this Act. 
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICA-
TIONS. 
(a) EXEMPTION FROM LIMITATION.—^The limitation contained 8 use 1184 note, 
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 
shEill not apply to any nonimmigrant alien previously issued a 
114 STAT. 1254 
PUBLIC LAW 106-313—OCT. 17, 2000 
visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under 
section 204(b) of that Act to accord the alien immigrant status 
under section 203(b) of that Act, or an application for adjustment 
of status under section 245 of that Act to accord the alien status 
under such section 203(b), has been filed, if 365 days or more 
have elapsed since— 
(1) the filing of a labor certification application on the 
alien's behalf (if such certification is required for the alien 
to obtain status under such section 203(b)); or 
(2) the filing of the petition under such section 204(b). 
(b) EXTENSION OF H-IB WORKER STATUS.—The Attorney Gen-
eral 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 £in 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.". 
8 u s e 1153 note. 
(d) RECAPTURE OF UNUSED E M P L O Y M E N T - B A S E D 
IMMIGRANT 
VISAS.— 
(1) IN GENERAL.—^Notwithstanding any other provision of 
law, the number of emplojmient-based visas (as defined in 
paragraph (3)) made available for a fiscal yegir (beginning with 
fiscal year 2001) shall be increased by the number described 
in paragraph (2). Visas made available under this subsection 
shsdl 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 emplojmtient-based visas that were 
made available in fiscal years 1999 and 2000 and the 
number of such visas that were actually used in such 
fiscal years. 
(B) REDUCTION.—^The number described in subpara-
graph (A) shall be reduced, for each fiscal year after fiscal 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1255 
year 2001, by the cumulative number of immigrant visas 
actually used under paragraph (1) for previous fiscal years. 
(C) CONSTRUCTION.—^Nothing in this paragraph shall 
be construed as affecting the application of section 
201(c)(3)(C) of the Immigration and Nationality Act (8 
U.S.C. 1151(c)(3)(C)). 
(3) EMPLOYMENT-BASED VISAS DEFINED.—^For purposes of 
this subsection, the term "emplojonent-based visa" means an 
immigrant visa which is issued pursuant to the numerical 
limitation under section 203(b) of the Immigration and Nation-
ality 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)(l)(E)(ii)) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)(l)(E)(ii)) 
is amended by striking "October 1, 2001" and inserting "October 
1, 2003". 
(b) DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.—Sec- 8 use ii82 note, 
tion 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 non-
immigrant 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 mis-
representing 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 DIVTOE". 
42 USC 1862 
(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 enact- Deadline, 
ment 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"; 
114 STAT. 1256 
PUBLIC LAW 106-313—OCT. 17, 2000 
(3) by amending paragraph (4) to read as follows: 
"(4) NATIONAL SCIENCE FOUNDATION COMPETITIVE GRANT 
PROGRAM FOR K-12 MATH, SCIENCE AND TECHNOLOGY EDU-
CATION.— 
"(A) IN GENERAL.—15 percent of the amounts deposited 
into the H-IB 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 sup-
port 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; stimu-
late 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 part-
nerships of industry, educational institutions, and commu-
nity organizations to address the educational needs of dis-
advantaged communities; provide college preparatory sup-
port to expose and prepgire students for careers in science, 
mathematics, engineering, and technology; and provide for 
canying 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". 
42 use 1869c. 
(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.". 
8 use 1356 note. 
(c) REPORTING REQUIREMENT.—Section 414 of the American 
Competitiveness and Workforce Improvement Act of 1998 (as con-
tained 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-IB Nonimmigrant Fee grant money; and 
Deadline. 
"(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— 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1257 
"(A) the tracking system to monitor the performance 
of programs receiving H-IB 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 29USC2916 
TECHNICAL SKILLS TRAINING FOR WORKERS. 
note. 
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 estabUsh dem-
onstration programs or projects to provide technical skills 
training for 
workers, including both 
employed 
and 
unemployed workers. 
"(B) TRAINING PROVIDED.—Training funded by a pro-
gram or project described in subparagraph (A) shall be 
for persons who Eire 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 busi-
ness 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 Com-
merce, subject to the availability of funds in the H-IB 
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 non-
profit organization such as a trade association: 
Provided, 
That the activities of such local or 
regional public-private partnership described in 
114 STAT. 1258 
PUBLIC LAW 106-313—OCT. 17, 2000 
this subsection shall be conducted in coordination 
with the activities of the relevant local workforce 
investment board or boards established under the 
Workforce Investment Act of 1998 (29 U.S.C. 
2832); and 
"(ii) 25 percent of the grants under the Secretary 
of Labor's authority to award grants for demonstration 
projects or programs under 
section 171 of the 
Workforce Investment Act (29 U.S.C. 2916) to partner-
ships that shall consist of at least 2 businesses or 
a business-related nonprofit organization that rep-
resents 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 part-
nership eligibility criteria, on a national, multistate, 
regional, or rural area (such as rural telework pro-
grams) 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 serv-
ices, telecommunications, systems installation and 
integration, computers and communications hardware, 
advanced manufacturing, health care technology, bio-
technology and biomedical research and manufac-
turing, and innovation services. 
"(ii) No more than 20 percent of the grants shall 
be available to programs and projects that train 
employed and unemployed workers for skills related 
to any single specialty occupation, as defined in section 
214(i) of the Immigration and Nationality Act. 
"(3) START-UP FUNDS.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), not more than 5 percent of any single grant, or not 
to exceed $75,000, whichever is less, may be used toward 
the start-up costs of partnerships or new training programs 
and projects. 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1259 
"(B) EXCEPTION.—In the case of partnerships consisting 
primarily of small businesses, not more than 10 percent 
of any single grant, or $150,000, whichever is less, may 
be used toward the start-up costs of partnerships or new 
training programs and projects. 
"(C) DURATION OF START-UP PERIOD.—For purposes of 
this subsection, a start-up period consists of a period of 
not more than 2 months after the grant period begins, 
at which time training shall immediately begin and no 
further Federal funds may be used for start-up purposes. 
"(4) TRAINING OUTCOMES.— 
"(A) 
CONSIDERATION FOR 
CERTAIN PROGRAMS AND 
PROJECTS.—Consideration in the awarding of grants shall 
be given to applicants that provide a specific, measurable 
commitment upon successful completion of a training 
course, to— 
"(i) hire or effectuate the hiring of unemployed 
trainees (where applicable); 
"(ii) increase the wages or salary of incumbent 
workers (where applicable); and 
"(iii) provide skill certifications to trainees or link 
the training to industry-accepted occupational skill 
standards, certificates, or licensing requirements. 
"(B) 
REQUIREMENTS 
FOR 
GRANT 
APPLICATIONS.— 
Applications for grants shall— 
"(i) articulate the level of skills that workers will 
be trained for and the manner by which attainment 
of those skills will be measured; 
"(ii) include an agreement that the program or 
project shall be subject to evaluation by the Secretary 
of Labor to measure its effectiveness; and 
"(iii) in the case of an application for a grant 
under subsection (c)(2)(A)(ii), explain what barriers 
prevent the strategy from being implemented through 
a grant made under subsection (c)(2)(A)(i). 
"(5) MATCHING FUNDS.—^Each apphcation 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 sustain-
ability of the training program or project after the grant expires. 
"(6) ADMINISTRATIVE COSTS.—^An entity that receives a 
grant to carry out a program or project described in paragraph 
(1)(A) may not use more than 10 percent of the amount of 
the grant to pay for administrative costs associated with the 
program or project.". 
114 STAT. 1260 
PUBLIC LAW 106-313—OCT. 17, 2000 
Kids 2000 Act. 
SEC. 112. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
42 use 13751 
INITIATIVE. 
note. 
(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 nec-
essary 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 edu-
cation, 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 com-
prised 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 yornig 
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 tech-
nology 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 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1261 
personnel, procurement of goods and services, including com-
puter 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 sub-
mitted 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 avail-
able 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 pro-
viding 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 AVAiLABiLlTY.^Amounts made available 
under this subsection shall remsdn 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-IB Nonimmigrant Petitioner 
Account shall remain available to the Attorney General until 
expended to carry out duties under paragraphs (1) and (9) of section 
114 STAT. 1262 
PUBLIC LAW 106-313—OCT. 17, 2000 
8 use 1356. 
8 use 1184 note. 
29 use 2701 
note. 
Deadline. 
214(c) related to petitions made for nonimmigrants described in 
section 101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 
204 related to petitions for immigrants described in section 203(b).". 
(b) Notwithstanding any other provision of this Act, the figure 
to be inserted in section 110(a)(2) is deemed to be "22 percent"; 
the figure to be inserted in section 110(a)(4) is deemed to be "4 
percent"; and the figure to be inserted in section 110(a)(5) is deemed 
to be "2 percent". 
SEC. 114. EXCLUSION OF CERTAIN "J~ NONIMMIGRANTS 
FROM 
NUMERICAL 
LIMITATIONS 
APPLICABLE 
TO 
"H-IB" 
NONIMMMIGRANTS. 
The numerical limitations contained in section 102 of this title 
shall not apply to any nonimmigrsmt alien granted a waiver that 
is subject to the limitation contained in paragraph (1)(B) of the 
first section 214(1) of the Immigration and Nationality Act (relating 
to restrictions on waivers). 
SEC. 
1
1
5
. 
STUDY 
AND 
REPORT 
ON 
THE 
"DIGITAL 
DIVTOE". 
(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 enact-
ment of this Act, the Secretary of Commerce shall submit a report 
to Congress setting forth the findings of the study conducted under 
subsection (a). 
8 use 1101 note. 
SEC. 116. SEVERABILITY. 
Immigration 
Services and 
Infrastructure 
Improvements 
Act of 2000. 
8 use 1551 note. 
8 use 1571. 
Applicability. 
Deadline. 
If any provision of this title (or any amendment made by 
this title) or the application thereof to £iny 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 Infra-
structure 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 elimi-
nation 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 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1263 
the Immigration and Nationality Act should be processed not later 
than 30 days after the filing of the petition. 
SEC. 203. DEFINITIONS. 
8 USC 1572. 
In this title: 
(1) BACKLOG.—^The term 'Tjacklog" 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 peti-
tion to confer, certify, change, adjust, or extend any status 
granted under the Immigration and Nationality Act. 
SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVE- 
8 USC 1573. 
MENT ACCOUNT. 
(a) AUTHORITY OF THE ATTORNEY GENERAL.—^The Attorney Gen-
eral shall take such measures as may be necessary to— 
(1) reduce the backlog in the processing of immigration Deadline, 
benefit applications, with the objective of the total elimination 
of the backlog not later than one year after the date of enact-
ment 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 sifter 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 pursu-
ant 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 adjudi-
cating and reporting on the status of immigration benefit 
applications, including— 
8 USC 1574. 
Deadline. 
y 
114 STAT. 1264 
PUBLIC LAW 106-313—OCT. 17, 2000 
(i) a description of the adequacy of existing com-
puter hardware, computer software, and other mecha-
nisms 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 Greneral will 
use any funds in the Immigration Services and Infrastruc-
ture Improvements Account to comply with the purposes 
of this title. 
(b) ANNUAL REPORTS.— 
Deadline. 
(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 para-
graph (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 adju-
dications; 
(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 applica-
tions or petitions; 
PUBLIC LAW 106-313—OCT. 17, 2000 
114 STAT. 1265 
(iii) the number of applications or petitions 
pending for up to 6 months, 12 months, 18 months, 
24 months, 36 months, and 48 months or more; 
(iv) the estimated processing times adjudicating 
newly submitted applications or petitions; 
(v) an analysis of the appropriate processing times 
for applications or petitions; and 
(vi) a description of the additional resources and 
process changes needed to eliminate the backlog for 
such processing and adjudications; and 
(C) a status report on— 
(i) applications for adjustments of status to that 
of an £dien 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 Reports, 
no funds are appropriated subject to section 204(b) in the Deadline, 
fiscal year in which this Act is enacted, the Attorney General 
shall submit a report to Congress not later than 90 days after 
the end of such fiscal year, and each fiscal year thereafter, 
containing the elements described in paragraph (2). 
Approved October 17, 2000. 
LEGISLATIVE HISTORY—S. 2045: 
SENATE REPORTS: No. 106-260 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 22, 26-28, Oct.3, considered and passed Senate. 
Oct. 3, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 17, Presidential statement.