[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Enrolled Bill (ENR)]

        S.2045

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

     TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``American Competitiveness in the 
Twenty-first Century Act of 2000''.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.

    (a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
        (1) by redesignating clause (v) as clause (vii); and
        (2) by striking clause (iv) and inserting the following:
                ``(iv) 195,000 in fiscal year 2001;
                ``(v) 195,000 in fiscal year 2002;
                ``(vi) 195,000 in fiscal year 2003; and''.
    (b) Additional Visas for Fiscal Years 1999 and 2000.--
        (1) In general.--(A) Notwithstanding section 214(g)(1)(A)(ii) 
    of the Immigration and Nationality Act (8 U.S.C. 
    1184(g)(1)(A)(ii)), the total number of aliens who may be issued 
    visas or otherwise provided nonimmigrant status under section 
    101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by 
    a number equal to the number of aliens who are issued such a visa 
    or provided such status during the period beginning on the date on 
    which the limitation in such section 214(g)(1)(A)(ii) is reached 
    and ending on September 30, 1999.
        (B) In the case of any alien on behalf of whom a petition for 
    status under section 101(a)(15)(H)(i)(b) is filed before September 
    1, 2000, and is subsequently approved, that alien shall be counted 
    toward the numerical ceiling for fiscal year 2000 notwithstanding 
    the date of the approval of the petition. Notwithstanding section 
    214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total 
    number of aliens who may be issued visas or otherwise provided 
    nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act 
    in fiscal year 2000 is increased by a number equal to the number of 
    aliens who may be issued visas or otherwise provided nonimmigrant 
    status who filed a petition during the period beginning on the date 
    on which the limitation in such section 214(g)(1)(A)(iii) is 
    reached and ending on August 31, 2000.
        (2) Effective date.--Paragraph (1) shall take effect as if 
    included in the enactment of section 411 of the American 
    Competitiveness and Workforce Improvement Act of 1998 (as contained 
    in title IV of division C of the Omnibus Consolidated and Emergency 
    Supplemental Appropriations Act, 1999; Public Law 105-277).
    SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND 
      GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following new paragraphs:
    ``(5) The numerical limitations contained in paragraph (1)(A) shall 
not apply to any nonimmigrant alien issued a visa or otherwise provided 
status under section 101(a)(15)(H)(i)(b) who is employed (or has 
received an offer of employment) at--
        ``(A) an institution of higher education (as defined in section 
    101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or 
    a related or affiliated nonprofit entity; or
        ``(B) a nonprofit research organization or a governmental 
    research organization.
    ``(6) Any alien who ceases to be employed by an employer described 
in paragraph (5)(A) shall, if employed as a nonimmigrant alien 
described in section 101(a)(15)(H)(i)(b), who has not previously been 
counted toward the numerical limitations contained in paragraph (1)(A), 
be counted toward those limitations the first time the alien is 
employed by an employer other than one described in paragraph (5).
    ``(7) Any alien who has already been counted, within the 6 years 
prior to the approval of a petition described in subsection (c), toward 
the numerical limitations of paragraph (1)(A) shall not again be 
counted toward those limitations unless the alien would be eligible for 
a full 6 years of authorized admission at the time the petition is 
filed. Where multiple petitions are approved for 1 alien, that alien 
shall be counted only once.''.
    SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
      EMPLOYMENT-BASED IMMIGRANTS.
    (a) Special Rules.--Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the 
following new paragraph:
        ``(5) Rules for employment-based immigrants.--
            ``(A) Employment-based immigrants not subject to per 
        country limitation if additional visas available.--If the total 
        number of visas available under paragraph (1), (2), (3), (4), 
        or (5) of section 203(b) for a calendar quarter exceeds the 
        number of qualified immigrants who may otherwise be issued such 
        visas, the visas made available under that paragraph shall be 
        issued without regard to the numerical limitation under 
        paragraph (2) of this subsection during the remainder of the 
        calendar quarter.
            ``(B) Limiting fall across for certain countries subject to 
        subsection (e).--In the case of a foreign state or dependent 
        area to which subsection (e) applies, if the total number of 
        visas issued under section 203(b) exceeds the maximum number of 
        visas that may be made available to immigrants of the state or 
        area under section 203(b) consistent with subsection (e) 
        (determined without regard to this paragraph), in applying 
        subsection (e) all visas shall be deemed to have been required 
        for the classes of aliens specified in section 203(b).''.
    (b) Conforming Amendments.--
        (1) Section 202(a)(2) of the Immigration and Nationality Act (8 
    U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and 
    (4)'' and inserting ``paragraphs (3), (4), and (5)''.
        (2) Section 202(e)(3) of the Immigration and Nationality Act (8 
    U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the 
    visa numbers'' and inserting ``except as provided in subsection 
    (a)(5), the proportion of the visa numbers''.
    (c) One-Time Protection Under Per Country Ceiling.--Notwithstanding 
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(4)), any alien who--
        (1) is the beneficiary of a petition filed under section 204(a) 
    of that Act for a preference status under paragraph (1), (2), or 
    (3) of section 203(b) of that Act; and
        (2) is eligible to be granted that status but for application 
    of the per country limitations applicable to immigrants under those 
    paragraphs,
may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the following new 
subsection:
    ``(m)(1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) is authorized to accept new 
employment upon the filing by the prospective employer of a new 
petition on behalf of such nonimmigrant as provided under subsection 
(a). Employment authorization shall continue for such alien until the 
new petition is adjudicated. If the new petition is denied, such 
authorization shall cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
        ``(A) who has been lawfully admitted into the United States;
        ``(B) on whose behalf an employer has filed a nonfrivolous 
    petition for new employment before the date of expiration of the 
    period of stay authorized by the Attorney General; and
        ``(C) who, subsequent to such lawful admission, has not been 
    employed without authorization in the United States before the 
    filing of such petition.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed before, on, or after the date of enactment of 
this Act.
    SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
    (a) Exemption From Limitation.--The limitation contained in section 
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) 
with respect to the duration of authorized stay shall not apply to any 
nonimmigrant alien previously issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on 
whose behalf a petition under section 204(b) of that Act to accord the 
alien immigrant status under section 203(b) of that Act, or an 
application for adjustment of status under section 245 of that Act to 
accord the alien status under such section 203(b), has been filed, if 
365 days or more have elapsed since--
        (1) the filing of a labor certification application on the 
    alien's behalf (if such certification is required for the alien to 
    obtain status under such section 203(b)); or
        (2) the filing of the petition under such section 204(b).
    (b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.
    (c) Increased Job Flexibility for Long Delayed Applicants for 
Adjustment of Status.--(1) Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following new subsection:
    ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of 
Status to Permanent Residence.--A petition under subsection (a)(1)(D) 
for an individual whose application for adjustment of status pursuant 
to section 245 has been filed and remained unadjudicated for 180 days 
or more shall remain valid with respect to a new job if the individual 
changes jobs or employers if the new job is in the same or a similar 
occupational classification as the job for which the petition was 
filed.''.
    (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new 
clause:
                ``(iv) Long delayed adjustment applicants.--A 
            certification made under clause (i) with respect to an 
            individual whose petition is covered by section 204(j) 
            shall remain valid with respect to a new job accepted by 
            the individual after the individual changes jobs or 
            employers if the new job is in the same or a similar 
            occupational classification as the job for which the 
            certification was issued.''.
    (d) Recapture of Unused Employment-Based Immigrant Visas.--
        (1) In general.--Notwithstanding any other provision of law, 
    the number of employment-based visas (as defined in paragraph (3)) 
    made available for a fiscal year (beginning with fiscal year 2001) 
    shall be increased by the number described in paragraph (2). Visas 
    made available under this subsection shall only be available in a 
    fiscal year to employment-based immigrants under paragraph (1), 
    (2), or (3) of section 203(b) of the Immigration and Nationality 
    Act.
        (2) Number available.--
            (A) In general.--Subject to subparagraph (B), the number 
        described in this paragraph is the difference between the 
        number of employment-based visas that were made available in 
        fiscal years 1999 and 2000 and the number of such visas that 
        were actually used in such fiscal years.
            (B) Reduction.--The number described in subparagraph (A) 
        shall be reduced, for each fiscal year after fiscal year 2001, 
        by the cumulative number of immigrant visas actually used under 
        paragraph (1) for previous fiscal years.
            (C) Construction.--Nothing in this paragraph shall be 
        construed as affecting the application of section 201(c)(3)(C) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1151(c)(3)(C)).
        (3) Employment-based visas defined.--For purposes of this 
    subsection, the term ``employment-based visa'' means an immigrant 
    visa which is issued pursuant to the numerical limitation under 
    section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
    1153(b)).
    SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH 
      FISCAL YEAR 2002.
    (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended 
by striking ``October 1, 2001'' and inserting ``October 1, 2003''.
    (b) Department of Labor Investigative Authorities.--Section 
413(e)(2) of the American Competitiveness and Workforce Improvement Act 
of 1998 (as contained in title IV of division C of Public Law 105-277) 
is amended by striking ``September 30, 2001'' and inserting ``September 
30, 2003''.

SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184 (g)(3)) is amended to read as follows:
    ``(3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status. If an alien who was issued a visa or otherwise provided 
nonimmigrant status and counted against the numerical limitations of 
paragraph (1) is found to have been issued such visa or otherwise 
provided such status by fraud or willfully misrepresenting a material 
fact and such visa or nonimmigrant status is revoked, then one number 
shall be restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical limitations of 
paragraph (1) in the fiscal year in which the petition is revoked, 
regardless of the fiscal year in which the petition was approved.''.

SEC. 109. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

    (a) Study.--The National Science Foundation shall conduct a study 
of the divergence in access to high technology (commonly referred to as 
the ``digital divide'') in the United States.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Director of the National Science Foundation shall 
submit a report to Congress setting forth the findings of the study 
conducted under subsection (a).
    SEC. 110. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
      PROVISIONS.
    (a) Allocation of Funds.--Section 286(s) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)) is amended--
        (1) in paragraph (2), by striking ``56.3 percent'' and 
    inserting ``55 percent'';
        (2) in paragraph (3), by striking ``28.2 percent'' and 
    inserting ``23.5 percent'';
        (3) by amending paragraph (4) to read as follows:
        ``(4) National science foundation competitive grant program for 
    k-12 math, science and technology education.--
            ``(A) In general.--15 percent of the amounts deposited into 
        the H-1B Nonimmigrant Petitioner Account shall remain available 
        to the Director of the National Science Foundation until 
        expended to carry out a direct or matching grant program to 
        support private-public partnerships in K-12 education.
            ``(B) Types of programs covered.--The Director shall award 
        grants to such programs, including those which support the 
        development and implementation of standards-based instructional 
        materials models and related student assessments that enable K-
        12 students to acquire an understanding of science, 
        mathematics, and technology, as well as to develop critical 
        thinking skills; provide systemic improvement in training K-12 
        teachers and education for students in science, mathematics, 
        and technology; support the professional development of K-12 
        math and science teachers in the use of technology in the 
        classroom; stimulate system-wide K-12 reform of science, 
        mathematics, and technology in rural, economically 
        disadvantaged regions of the United States; provide externships 
        and other opportunities for students to increase their 
        appreciation and understanding of science, mathematics, 
        engineering, and technology (including summer institutes 
        sponsored by an institution of higher education for students in 
        grades 7-12 that provide instruction in such fields); involve 
        partnerships of industry, educational institutions, and 
        community organizations to address the educational needs of 
        disadvantaged communities; provide college preparatory support 
        to expose and prepare students for careers in science, 
        mathematics, engineering, and technology; and provide for 
        carrying out systemic reform activities under section 3(a)(1) 
        of the National Science Foundation Act of 1950 (42 U.S.C. 
        1862(a)(1)).'';
        (4) in paragraph (6), by striking ``6 percent'' and inserting 
    ``5 percent''; and
        (5) in paragraph (6), by striking ``3 percent'' each place it 
    appears and inserting ``2.5 percent''.
    (b) Low-Income Scholarship Program.--Section 414(d)(3) of the 
American Competitiveness and Workforce Improvement Act of 1998 (as 
contained in title IV of division C of Public Law 105-277) is amended 
by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The 
Director may renew scholarships for up to 4 years.''.
    (c) Reporting Requirement.--Section 414 of the American 
Competitiveness and Workforce Improvement Act of 1998 (as contained in 
title IV of division C of Public Law 105-277) is amended by adding at 
the end the following new subsection:
    ``(e) Reporting Requirement.--The Secretary of Labor and the 
Director of the National Science Foundation shall--
        ``(1) track and monitor the performance of programs receiving 
    H-1B Nonimmigrant Fee grant money; and
        ``(2) not later than one year after the date of enactment of 
    this subsection, submit a report to the Committees on the Judiciary 
    of the House of Representatives and the Senate--
            ``(A) the tracking system to monitor the performance of 
        programs receiving H-1B grant funding; and
            ``(B) the number of individuals who have completed training 
        and have entered the high-skill workforce through these 
        programs.''.
    SEC. 111. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL 
      SKILLS TRAINING FOR WORKERS.
    Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (as contained in title IV of division C of 
Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows:
    ``(c) Demonstration Programs and Projects to Provide Technical 
Skills Training for Workers.--
        ``(1) In general.--
            ``(A) Funding.--The Secretary of Labor shall use funds 
        available under section 286(s)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
        demonstration programs or projects to provide technical skills 
        training for workers, including both employed and unemployed 
        workers.
            ``(B) Training provided.--Training funded by a program or 
        project described in subparagraph (A) shall be for persons who 
        are currently employed and who wish to obtain and upgrade 
        skills as well as for persons who are unemployed. Such training 
        is not limited to skill levels commensurate with a four-year 
        undergraduate degree, but should include the preparation of 
        workers for a broad range of positions along a career ladder. 
        Consideration shall be given to the use of grant funds to 
        demonstrate a significant ability to expand a training program 
        or project through such means as training more workers or 
        offering more courses, and training programs or projects 
        resulting from collaborations, especially with more than one 
        small business or with a labor-management training program or 
        project. The need for the training shall be justified through 
        reliable regional, State, or local data.
        ``(2) Grants.--
            ``(A) Eligibility.--To carry out the programs and projects 
        described in paragraph (1)(A), the Secretary of Labor shall, in 
        consultation with the Secretary of Commerce, subject to the 
        availability of funds in the H-1B Nonimmigrant Petitioner 
        Account, award--
                ``(i) 75 percent of the grants to a local workforce 
            investment board established under section 116(b) or 
            section 117 of the Workforce Investment Act of 1998 (29 
            U.S.C. 2832) or consortia of such boards in a region. Each 
            workforce investment board or consortia of boards receiving 
            grant funds shall represent a local or regional public-
            private partnership consisting of at least--

                    ``(I) one workforce investment board;
                    ``(II) one community-based organization or higher 
                education institution or labor union; and
                    ``(III) one business or business-related nonprofit 
                organization such as a trade association: Provided, 
                That the activities of such local or regional public-
                private partnership described in this subsection shall 
                be conducted in coordination with the activities of the 
                relevant local workforce investment board or boards 
                established under the Workforce Investment Act of 1998 
                (29 U.S.C. 2832); and

                ``(ii) 25 percent of the grants under the Secretary of 
            Labor's authority to award grants for demonstration 
            projects or programs under section 171 of the Workforce 
            Investment Act (29 U.S.C. 2916) to partnerships that shall 
            consist of at least 2 businesses or a business-related 
            nonprofit organization that represents more than one 
            business, and that may include any educational, labor, 
            community organization, or workforce investment board, 
            except that such grant funds may be used only to carry out 
            a strategy that would otherwise not be eligible for funds 
            provided under clause (i), due to barriers in meeting those 
            partnership eligibility criteria, on a national, 
            multistate, regional, or rural area (such as rural telework 
            programs) basis.
            ``(B) Designation of responsible fiscal agents.--Each 
        partnership formed under subparagraph (A) shall designate a 
        responsible fiscal agent to receive and disburse grant funds 
        under this subsection.
            ``(C) Partnership considerations.--Consideration in the 
        awarding of grants shall be given to any partnership that 
        involves and directly benefits more than one small business 
        (each consisting of 100 employees or less).
            ``(D) Allocation of grants.--In making grants under this 
        paragraph, the Secretary shall make every effort to fairly 
        distribute grants across rural and urban areas, and across the 
        different geographic regions of the United States. The total 
        amount of grants awarded to carry out programs and projects 
        described in paragraph (1)(A) shall be allocated as follows:
                ``(i) At least 80 percent of the grants shall be 
            awarded to programs and projects that train employed and 
            unemployed workers in skills in high technology, 
            information technology, and biotechnology, including skills 
            needed for software and communications services, 
            telecommunications, systems installation and integration, 
            computers and communications hardware, advanced 
            manufacturing, health care technology, biotechnology and 
            biomedical research and manufacturing, and innovation 
            services.
                ``(ii) No more than 20 percent of the grants shall be 
            available to programs and projects that train employed and 
            unemployed workers for skills related to any single 
            specialty occupation, as defined in section 214(i) of the 
            Immigration and Nationality Act.
        ``(3) Start-up funds.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        not more than 5 percent of any single grant, or not to exceed 
        $75,000, whichever is less, may be used toward the start-up 
        costs of partnerships or new training programs and projects.
            ``(B) Exception.--In the case of partnerships consisting 
        primarily of small businesses, not more than 10 percent of any 
        single grant, or $150,000, whichever is less, may be used 
        toward the start-up costs of partnerships or new training 
        programs and projects.
            ``(C) Duration of start-up period.--For purposes of this 
        subsection, a start-up period consists of a period of not more 
        than 2 months after the grant period begins, at which time 
        training shall immediately begin and no further Federal funds 
        may be used for start-up purposes.
        ``(4) Training outcomes.--
            ``(A) Consideration for certain programs and projects.--
        Consideration in the awarding of grants shall be given to 
        applicants that provide a specific, measurable commitment upon 
        successful completion of a training course, to--
                ``(i) hire or effectuate the hiring of unemployed 
            trainees (where applicable);
                ``(ii) increase the wages or salary of incumbent 
            workers (where applicable); and
                ``(iii) provide skill certifications to trainees or 
            link the training to industry-accepted occupational skill 
            standards, certificates, or licensing requirements.
            ``(B) Requirements for grant applications.--Applications 
        for grants shall--
                ``(i) articulate the level of skills that workers will 
            be trained for and the manner by which attainment of those 
            skills will be measured;
                ``(ii) include an agreement that the program or project 
            shall be subject to evaluation by the Secretary of Labor to 
            measure its effectiveness; and
                ``(iii) in the case of an application for a grant under 
            subsection (c)(2)(A)(ii), explain what barriers prevent the 
            strategy from being implemented through a grant made under 
            subsection (c)(2)(A)(i).
        ``(5) Matching funds.--Each application for a grant to carry 
    out a program or project described in paragraph (1)(A) shall state 
    the manner by which the partnership will provide non-Federal 
    matching resources (cash, or in-kind contributions, or both) equal 
    to at least 50 percent of the total grant amount awarded under 
    paragraph (2)(A)(i), and at least 100 percent of the total grant 
    amount awarded under paragraph (2)(A)(ii). At least one-half of the 
    non-Federal matching funds shall be from the business or businesses 
    or business-related nonprofit organizations involved. Consideration 
    in the award of grants shall be given to applicants that provide a 
    specific commitment or commitments of resources from other public 
    or private sources, or both, so as to demonstrate the long-term 
    sustainability of the training program or project after the grant 
    expires.
        ``(6) Administrative costs.--An entity that receives a grant to 
    carry out a program or project described in paragraph (1)(A) may 
    not use more than 10 percent of the amount of the grant to pay for 
    administrative costs associated with the program or project.''.
    SEC. 112. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
      INITIATIVE.
    (a) Short Title.--This section may be cited as the ``Kids 2000 
Act''.
    (b) Findings.--Congress makes the following findings:
        (1) There is an increasing epidemic of juvenile crime 
    throughout the United States.
        (2) It is well documented that the majority of juvenile crimes 
    take place during after-school hours.
        (3) Knowledge of technology is becoming increasingly necessary 
    for children in school and out of school.
        (4) The Boys and Girls Clubs of America have 2,700 clubs 
    throughout all 50 States, serving over 3,000,000 boys and girls 
    primarily from at-risk communities.
        (5) The Boys and Girls Clubs of America have the physical 
    structures in place for immediate implementation of an after-school 
    technology program.
        (6) Building technology centers and providing integrated 
    content and full-time staffing at those centers in the Boys and 
    Girls Clubs of America nationwide will help foster education, job 
    training, and an alternative to crime for at-risk youth.
        (7) Partnerships between the public sector and the private 
    sector are an effective way of providing after-school technology 
    programs in the Boys and Girls Clubs of America.
        (8) PowerUp: Bridging the Digital Divide is an entity comprised 
    of more than a dozen nonprofit organizations, major corporations, 
    and Federal agencies that have joined together to launch a major 
    new initiative to help ensure that America's underserved young 
    people acquire the skills, experiences, and resources they need to 
    succeed in the digital age.
        (9) Bringing PowerUp into the Boys and Girls Clubs of America 
    will be an effective way to ensure that our youth have a safe, 
    crime-free environment in which to learn the technological skills 
    they need to close the divide between young people who have access 
    to computer-based information and technology-related skills and 
    those who do not.
    (c) After-School Technology Grants to the Boys and Girls Clubs of 
America.--
        (1) Purposes.--The Attorney General shall make grants to the 
    Boys and Girls Clubs of America for the purpose of funding 
    effective after-school technology programs, such as PowerUp, in 
    order to provide--
            (A) constructive technology-focused activities that are 
        part of a comprehensive program to provide access to technology 
        and technology training to youth during after-school hours, 
        weekends, and school vacations;
            (B) supervised activities in safe environments for youth; 
        and
            (C) full-time staffing with teachers, tutors, and other 
        qualified personnel.
        (2) Subawards.--The Boys and Girls Clubs of America shall make 
    subawards to local boys and girls clubs authorizing expenditures 
    associated with providing technology programs such as PowerUp, 
    including the hiring of teachers and other personnel, procurement 
    of goods and services, including computer equipment, or such other 
    purposes as are approved by the Attorney General.
    (d) Applications.--
        (1) Eligibility.--In order to be eligible to receive a grant 
    under this section, an applicant for a subaward (specified in 
    subsection (c)(2)) shall submit an application to the Boys and 
    Girls Clubs of America, in such form and containing such 
    information as the Attorney General may reasonably require.
        (2) Application requirements.--Each application submitted in 
    accordance with paragraph (1) shall include--
            (A) a request for a subgrant to be used for the purposes of 
        this section;
            (B) a description of the communities to be served by the 
        grant, including the nature of juvenile crime, violence, and 
        drug use in the communities;
            (C) written assurances that Federal funds received under 
        this section will be used to supplement and not supplant, non-
        Federal funds that would otherwise be available for activities 
        funded under this section;
            (D) written assurances that all activities funded under 
        this section will be supervised by qualified adults;
            (E) a plan for assuring that program activities will take 
        place in a secure environment that is free of crime and drugs;
            (F) a plan outlining the utilization of content-based 
        programs such as PowerUp, and the provision of trained adult 
        personnel to supervise the after-school technology training; 
        and
            (G) any additional statistical or financial information 
        that the Boys and Girls Clubs of America may reasonably 
        require.
    (e) Grant Awards.--In awarding subgrants under this section, the 
Boys and Girls Clubs of America shall consider--
        (1) the ability of the applicant to provide the intended 
    services;
        (2) the history and establishment of the applicant in providing 
    youth activities; and
        (3) the extent to which services will be provided in crime-
    prone areas and technologically underserved populations, and 
    efforts to achieve an equitable geographic distribution of the 
    grant awards.
    (f) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated 
    $20,000,000 for each of the fiscal years 2001 through 2006 to carry 
    out this section.
        (2) Source of funds.--Funds to carry out this section may be 
    derived from the Violent Crime Reduction Trust Fund.
        (3) Continued availability.--Amounts made available under this 
    subsection shall remain available until expended.

SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.

    (a) Section 286(s)(5) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(5)) is amended to read as follows: ``4 percent of the 
amounts deposited into the H-1B Nonimmigrant Petitioner Account shall 
remain available to the Attorney General until expended to carry out 
duties under paragraphs (1) and (9) of section 214(c) related to 
petitions made for nonimmigrants described in section 
101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 204 
related to petitions for immigrants described in section 203(b).''.
    (b) Notwithstanding any other provision of this Act, the figure 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-1B'' NONIMMMIGRANTS.
    The numerical limitations contained in section 102 of this title 
shall not apply to any nonimmigrant alien granted a waiver that is 
subject to the limitation contained in paragraph (1)(B) of the first 
section 214(l) of the Immigration and Nationality Act (relating to 
restrictions on waivers).

SEC. 115. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

    (a) Study.--The Secretary of Commerce shall conduct a review of 
existing public and private high-tech workforce training programs in 
the United States.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary of Commerce shall submit a report to 
Congress setting forth the findings of the study conducted under 
subsection (a).

SEC. 116. SEVERABILITY.

    If any provision of this title (or any amendment made by this 
title) or the application thereof to any person or circumstance is held 
invalid, the remainder of the title (and the amendments made by this 
title) and the application of such provision to any other person or 
circumstance shall not be affected thereby. This section be enacted 2 
days after effective date.

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Immigration Services and 
Infrastructure Improvements Act of 2000''.

SEC. 202. PURPOSES.

    (a) Purposes.--The purposes of this title are to--
        (1) provide the Immigration and Naturalization Service with the 
    mechanisms it needs to eliminate the current backlog in the 
    processing of immigration benefit applications within 1 year after 
    enactment of this Act and to maintain the elimination of the 
    backlog in future years; and
        (2) provide for regular congressional oversight of the 
    performance of the Immigration and Naturalization Service in 
    eliminating the backlog and processing delays in immigration 
    benefits adjudications.
    (b) Policy.--It is the sense of Congress that the processing of an 
immigration benefit application should be completed not later than 180 
days after the initial filing of the application, except that a 
petition for a nonimmigrant visa under section 214(c) of the 
Immigration and Nationality Act should be processed not later than 30 
days after the filing of the petition.

SEC. 203. DEFINITIONS.

    In this title:
        (1) Backlog.--The term ``backlog'' means, with respect to an 
    immigration benefit application, the period of time in excess of 
    180 days that such application has been pending before the 
    Immigration and Naturalization Service.
        (2) Immigration benefit application.--The term ``immigration 
    benefit application'' means any application or petition to confer, 
    certify, change, adjust, or extend any status granted under the 
    Immigration and Nationality Act.
    SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
      ACCOUNT.
    (a) Authority of the Attorney General.--The Attorney General shall 
take such measures as may be necessary to--
        (1) reduce the backlog in the processing of immigration benefit 
    applications, with the objective of the total elimination of the 
    backlog not later than one year after the date of enactment of this 
    Act;
        (2) make such other improvements in the processing of 
    immigration benefit applications as may be necessary to ensure that 
    a backlog does not develop after such date; and
        (3) make such improvements in infrastructure as may be 
    necessary to effectively provide immigration services.
    (b) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to the 
    Department of Justice from time to time such sums as may be 
    necessary for the Attorney General to carry out subsection (a).
        (2) Designation of account in treasury.--Amounts appropriated 
    pursuant to paragraph (1) may be referred to as the ``Immigration 
    Services and Infrastructure Improvements Account''.
        (3) Availability of funds.--Amounts appropriated pursuant to 
    paragraph (1) are authorized to remain available until expended.
        (4) Limitation on expenditures.--None of the funds appropriated 
    pursuant to paragraph (1) may be expended until the report 
    described in section 205(a) has been submitted to Congress.

SEC. 205. REPORTS TO CONGRESS.

    (a) Backlog Elimination Plan.--
        (1) Report required.--Not later than 90 days after the date of 
    enactment of this Act, the Attorney General shall submit a report 
    to the Committees on the Judiciary and Appropriations of the Senate 
    and the House of Representatives concerning--
            (A) the backlogs in immigration benefit applications in 
        existence as of the date of enactment of this title; and
            (B) the Attorney General's plan for eliminating such 
        backlogs.
        (2) Report elements.--The report shall include--
            (A) an assessment of the data systems used in adjudicating 
        and reporting on the status of immigration benefit 
        applications, including--
                (i) a description of the adequacy of existing computer 
            hardware, computer software, and other mechanisms to comply 
            with the adjudications and reporting requirements of this 
            title; and
                (ii) a plan for implementing improvements to existing 
            data systems to accomplish the purpose of this title, as 
            described in section 202(a);
            (B) a description of the quality controls to be put into 
        force to ensure timely, fair, accurate, and complete processing 
        and adjudication of such applications;
            (C) the elements specified in subsection (b)(2);
            (D) an estimate of the amount of appropriated funds that 
        would be necessary in order to eliminate the backlogs in each 
        category of immigration benefit applications described in 
        subsection (b)(2); and
            (E) a detailed plan on how the Attorney General will use 
        any funds in the Immigration Services and Infrastructure 
        Improvements Account to comply with the purposes of this title.
    (b) Annual Reports.--
        (1) In general.--Beginning 90 days after the end of the first 
    fiscal year for which any appropriation authorized by section 
    204(b) is made, and 90 days after the end of each fiscal year 
    thereafter, the Attorney General shall submit a report to the 
    Committees on the Judiciary and Appropriations of the Senate and 
    the House of Representatives concerning the status of--
            (A) the Immigration Services and Infrastructure 
        Improvements Account including any unobligated balances of 
        appropriations in the Account; and
            (B) the Attorney General's efforts to eliminate backlogs in 
        any immigration benefit application described in paragraph (2).
        (2) Report elements.--The report shall include--
            (A) State-by-State data on--
                (i) the number of naturalization cases adjudicated in 
            each quarter of each fiscal year;
                (ii) the average processing time for naturalization 
            applications;
                (iii) the number of naturalization applications pending 
            for up to 6 months, 12 months, 18 months, 24 months, 36 
            months, and 48 months or more;
                (iv) estimated processing times adjudicating newly 
            submitted naturalization applications;
                (v) an analysis of the appropriate processing times for 
            naturalization applications; and
                (vi) the additional resources and process changes 
            needed to eliminate the backlog for naturalization 
            adjudications;
            (B) the status of applications or, where applicable, 
        petitions described in subparagraph (C), by Immigration and 
        Naturalization Service district, including--
                (i) the number of cases adjudicated in each quarter of 
            each fiscal year;
                (ii) the average processing time for such applications 
            or petitions;
                (iii) the number of applications or petitions pending 
            for up to 6 months, 12 months, 18 months, 24 months, 36 
            months, and 48 months or more;
                (iv) the estimated processing times adjudicating newly 
            submitted applications or petitions;
                (v) an analysis of the appropriate processing times for 
            applications or petitions; and
                (vi) a description of the additional resources and 
            process changes needed to eliminate the backlog for such 
            processing and adjudications; and
            (C) a status report on--
                (i) applications for adjustments of status to that of 
            an alien lawfully admitted for permanent residence;
                (ii) petitions for nonimmigrant visas under section 214 
            of the Immigration and Nationality Act;
                (iii) petitions filed under section 204 of such Act to 
            classify aliens as immediate relatives or preference 
            immigrants under section 203 of such Act;
                (iv) applications for asylum under section 208 of such 
            Act;
                (v) registrations for Temporary Protected Status under 
            section 244 of such Act; and
                (vi) a description of the additional resources and 
            process changes needed to eliminate the backlog for such 
            processing and adjudications.
        (3) Absence of appropriated funds.--In the event that no funds 
    are appropriated subject to section 204(b) in the fiscal year in 
    which this Act is enacted, the Attorney General shall submit a 
    report to Congress not later than 90 days after the end of such 
    fiscal year, and each fiscal year thereafter, containing the 
    elements described in paragraph (2).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.