[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4200

   To amend the Immigration and Nationality Act with respect to H-1B 
nonimmigrant 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 distribution of employment-based 
                immigrant visas, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Improvement 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 
                            America.
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, 
                            Guatemala, Honduras, and Haiti.
Sec. 502. Applications pending under section 203 of the Nicaraguan 
                            Adjustment and Central American Relief Act.
Sec. 503. Applications pending under the Haitian Refugee Immigration 
                            Fairness 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 NONIMMIGRANT STATUS; EXCEPTION FOR HIGH 
              UNEMPLOYMENT RATE

    (a) In General.--Section 214(g)(1)(A) of the Immigration 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 inserting 
        ``225,000''; and
            (3) in clause (v), by striking ``65,000'' and inserting 
        ``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 determined 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 determined 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 percent 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 section 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 filing a petition) from such an 
        institution abroad; and
            ``(B) of the number reserved under subparagraph (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 evaluation 
        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 
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--
            (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 section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality 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 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).

  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 Immigration and 
        Nationality Act (8 U.S.C. 1184(c)(9)) is amended--
                    (A) in subparagraph (A), by striking ``(excluding'' 
                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 institution) 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 follows:
            ``(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 Immigration 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 employees, 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 Immigration and Nationality 
Act (8 U.S.C. 1356(s)) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Use of fees for information technology 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 Improvement Act of 2000.'';
            (2) in paragraph (3), by striking ``28.2 percent'' and 
        inserting ``30 percent'';
            (3) by amending paragraph (5) to read as follows:
            ``(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 immigrants described in section 203(b).''; and
            (4) by amending paragraph (6) to read as follows:
            ``(6) Use of fees for application, processing, and 
        enforcement.--Of the amounts deposited into the H-1B 
        Nonimmigrant Petitioner Account, 6 percent of such amounts 
        shall remain available to the Secretary of Labor until expended 
        for decreasing 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 deposited into the H-1B 
                Nonimmigrant Petitioner Account. Any funds allocated 
                under this subparagraph that are unobligated as of 
                September 30, 2002, may be used for the enforcement 
                actions described in subparagraph (B).
                    ``(B) For enforcement actions under section 
                212(n)(2), 3 percent of the amounts deposited into the 
                H-1B Nonimmigrant Petitioner Account.''.
    (c) Expansion of Eligibility for Low-Income Scholarship Program.--
Section 414(d) of the American 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 inserting the following: 
``an alien described in section 431 (b) or (c) of the Personal 
Responsibility and Work Opportunity 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 deposited into the H-1B Nonimmigrant 
        Petitioner Account 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 program 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 Improvement 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 INITIATIVE.

    (a) Establishment of Program.--The Secretary of Labor shall 
establish a program within the Department of Labor which shall be known 
as the ``Information Technology 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 availability of appropriations, 
        award grants to local workforce investment boards established 
        under section 117 of the Workforce Investment Act of 1998 (29 
        U.S.C. 2832) or an approved labor management coalition training 
        initiative.
            (2) Partnerships.--Each workforce investment 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 nonprofit 
                organization such as a trade association; and
                    (D) one labor union.
            (3) Designation of responsible fiscal agents.--Each 
        partnership formed under paragraph (1) shall designate a 
        responsible fiscal agent to receive and disburse grant funds 
        under this section.
            (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 partnerships.
    (c) Start-Up Funds.--
            (1) In general.--Except as provided in paragraph (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 businesses, 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 immediately begin and no further Federal funds 
        may be used for start-up purposes.
    (d) Training.--
            (1) In general.--Training funded by the program shall be 
        relatively short-term training that may result in skills of 
        differing levels along a career ladder, not necessarily high 
        skill levels that would ordinarily 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 
        demonstrate a significant ability to expand a training program 
        through such means as training more workers 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 shortage in the high technology, 
                information technology and biotechnology fields, 
                including software and communications services, 
                telecommunications, systems installation and 
                integration, computers and communications hardware, 
                health care technology, biotechnology and biomedical 
                research and manufacturing, and innovation services.
                    (B) 20 percent of the grants shall be available 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 nonimmigrant 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 
        training course, to--
                    (A) hire unemployed trainees (where applicable);
                    (B) increase the wages or salary of incumbent 
                workers (where applicable); and
                    (C) provide skill certifications to trainees or 
                link the training to industry-accepted occupational 
                skill standards, certificates, or licensing 
                requirements.
            (2) Requirements for grant applications.--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 eligible 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 
residing in Empowerment Zones/Enterprise Communities, and people with 
disabilities.
    (g) Matching Funds.--Each workforce investment board receiving 
grant funds under the program shall demonstrate 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 employees, 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 provision 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 
                        education, including historically black 
                        colleges and universities, other minority 
                        institutions, community colleges, and 
                        vocational and technical colleges; and
                            ``(II) advertising of jobs to publications 
                        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 employer employs 
                an H-1B worker a report that describes the steps so 
                taken.
        For purposes of this subparagraph, the term `minority' includes 
        individuals who are African-American, Hispanic, Asian, and 
        women.''.

SEC. 132. SURPRISE COMPLIANCE INVESTIGATIONS; SUBPOENA 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 employers, without prior notice, to 
spot investigations to determine whether the conditions of paragraph 
(1) are being satisfied and whether the employer made any 
misrepresentations of material fact in the application under such 
paragraph.
    ``(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 Federal 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 section 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 applicants under section 212(n) 
of the Immigration and Nationality Act to determine whether employers 
filing applications under such section are making good faith efforts to 
hire United States workers.

     TITLE II--PROVISIONS RELATING 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 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) Certain employment-based immigrants not 
                subject to per country limitation if additional visas 
                available.--If the total number of visas available 
                under paragraph (1), (2), (3), (4), or (5) of section 
                203(b) for a calendar quarter exceeds the number of 
                qualified immigrants who may otherwise be issued such 
                visas, the visas made available under that 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 paragraph), 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 employment-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 inserting ``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 country 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 preference 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 quarters 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 
        paragraph (2). Visas made available under this subsection shall 
        only be available in a fiscal year to employment-based 
        immigrants under paragraph (1), (2), or (3) of section 203(b) 
        of the Immigration and Nationality Act.
            (2) Number available.--
                    (A) In general.--Subject to subparagraph (B), the 
                number described in this paragraph is the difference 
                between the number of employment-based visas that were 
                made available in fiscal year 1999 and 2000 and the 
                number of such visas that were actually used in such 
                fiscal years.
                    (B) Reduction.--The number described in 
                subparagraph (A) shall be reduced, for each fiscal year 
                after fiscal year 2001, by the cumulative number of 
                immigrant visas made available under paragraph (1) for 
                previous fiscal years.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the application of section 
                201(c)(3)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1151(c)(3)(C)).
            (3) Employment-based visas defined.--For purposes of this 
        subsection, the term ``employment-based visa'' means an 
        immigrant visa which is issued pursuant to the numerical 
        limitation under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)).

                          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 programs, 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 hiring of teachers and other personnel, procurement of 
goods and services, including computer equipment, or such other 
purposes as are approved by the Attorney General.

SEC. 302. APPLICATIONS.

    (a) Eligibility.--In order to be eligible to receive a grant under 
this title, an applicant for a subaward (specified in section 301(b)) 
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.
    (b) Application Requirements.--Each application 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 received under 
        this Act will be used to supplement and not supplant, non-
        Federal funds that would otherwise 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 information 
        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 applicant in 
        providing youth activities; and
            (3) the extent to which services will be provided in crime-
        prone areas and technologically underserved populations, and 
        efforts to achieve an equitable geographic distribution of the 
        grant awards.

            TITLE IV--LEGAL AMNESTY RESTORATION ACT OF 2000

SEC. 401. RECORD OF ADMISSION FOR PERMANENT RESIDENCE 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 NATIONALS FROM EL SALVADOR, 
              GUATEMALA, HONDURAS, AND HAITI.

    (a) Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in the section heading, by striking ``nicaraguans and 
        cubans'' and inserting ``nicaraguans, cubans, salvadorans, 
        guatemalans, 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 Salvador, 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 CENTRAL AMERICAN RELIEF ACT.

    An application for relief properly filed by a national of Guatemala 
or El Salvador under section 203 of the Nicaraguan 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 Attorney 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 Guatemala or El 
Salvador under section 203 of the Nicaraguan 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 Immigration 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 Nicaraguan Adjustment and 
Central American Relief Act, as amended.

SEC. 504. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
              AMERICAN RELIEF 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 
        assure family unity, or when it is otherwise in the public 
        interest'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3), and adding the following as paragraph (2)--
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in 
        subsections (b) or (d) for either adjustment of status under 
        this section or other relief necessary to establish eligibility 
        for such adjustment, the provisions of section 241(a)(5) of the 
        Immigration and Nationality Act shall not apply. In addition, 
        an alien who would otherwise be inadmissible pursuant to 
        sections 212(a)(9) (A) or (C) of the Immigration and 
        Nationality Act may apply for the Attorney General's consent 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 certain 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 
        Immigration and Nationality Act may, notwithstanding such 
        order, apply for adjustment of status under paragraph (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 subsection 
        (c) to prevent the execution of that order pending the 
        adjudication of the application for adjustment of status. If 
        the Attorney General denies a stay of a final order of 
        exclusion, deportation, or removal, or if the Attorney General 
        renders a final administrative determination to deny the 
        application for adjustment of status, the order shall be 
        effective and enforceable to the same extent as if the 
        application 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 hearing 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 
                        Information 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 marriage was entered into 
                before the date of enactment of the Information 
                Technology Skills Improvement Act of 2000; and (ii)''; 
                and
                    (E) 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 application 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 
                        subparagraphs (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 application 
                processing and issuance for certain spouses and 
                children of aliens whose applications 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 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following--``or an immigrant 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 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 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 Central American Relief Act. The amendments made 
by subsections (a)(1), (a)(2), (a)(5), (a)(6), and (a)(7) shall 
effective as of the date of enactment of this Act.

SEC. 505. TECHNICAL AMENDMENTS TO THE HAITIAN IMMIGRATION 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 
        assure family unity, or when it is otherwise in the public 
        interest'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3), and adding the following as paragraph (2)--
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in 
        subsections (b) or (d) for either adjustment of status under 
        this section or other relief necessary to establish eligibility 
        for such adjustment, or for permission to reapply for admission 
        to the United States for the purpose of adjustment of status 
        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 otherwise be inadmissible pursuant to 
        sections 212(a)(9)(A) or (C) of the Immigration and Nationality 
        Act may apply for the Attorney General's consent 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 certain 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 
        Immigration and Nationality Act may, notwithstanding such 
        order, apply for adjustment of status under paragraph (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 subsection 
        (c) to prevent the execution of that order pending the 
        adjudication of the application for adjustment of status. If 
        the Attorney General denies a stay of a final order 
of exclusion, deportation, or removal, or if the Attorney General 
renders a final administrative determination to deny the application 
for adjustment of status, the order shall be effective and enforceable 
to the same extent as if the application 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 heading 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 Information 
                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 marriage was entered into 
                before the date of enactment of the Information 
                Technology Skills Improvement 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 application 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 subparagraphs 
                        (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 application 
                processing and issuance for certain spouses and 
                children of aliens whose applications 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 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            (ii) shall be available until expended for 
                        the same purposes of such appropriation to 
                        support consular activities.'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following--``or an immigrant classification''; 
        and
            (8) by redesignating subsections (i), (j), and (k) as (j), 
        (k), and (l) respectively, and adding as subsection (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 
General.''.
    (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 
amendments 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 removal 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 proceeding reopened 
on this basis shall be limited to a determination 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 adjustment 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 application considered again. All such motions 
shall be filed within 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 adjustment of status 
under the Nicaraguan Adjustment and Central American Relief Act.
                                 <all>