[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Reported in Senate (RS)]
Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No. 106-260]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
_______________________________________________________________________
April 11, 2000
Reported with an amendment and an amendment to the title
Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No. 106-260]
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2000
Mr. Hatch (for himself, Mr. Abraham, Mr. Gramm, Mr. Graham, Mr.
Lieberman, Mrs. Feinstein, Mr. Lott, Mr. Nickles, Mr. Mack, Mr.
Specter, Mr. DeWine, Mr. Ashcroft, Mr. McConnell, Mr. Gorton, Mr.
Hagel, Mr. Bennett, Mr. Grams, Mr. Brownback, Mr. Smith of Oregon, and
Mr. Warner) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
April 11, 2000
Reported by Mr. Hatch, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``American Competitiveness in
the Twenty-first Century Act of 2000''.</DELETED>
<DELETED>SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.</DELETED>
<DELETED> In addition to the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the following
number of aliens may be issued such visas or otherwise provided such
status for each of the following fiscal years:</DELETED>
<DELETED> (1) 80,000 for fiscal year 2000;</DELETED>
<DELETED> (2) 87,500 for fiscal year 2001; and</DELETED>
<DELETED> (3) 130,000 for fiscal year 2002.</DELETED>
<DELETED>SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES,
AND GRADUATE DEGREE RECIPIENTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(5) The numerical limitations contained in paragraph
(1)(A)(iii) shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(i)(b)--</DELETED>
<DELETED> ``(A) who is employed (or has received an offer of
employment) at--</DELETED>
<DELETED> ``(i) 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</DELETED>
<DELETED> ``(ii) a nonprofit research organization
or a governmental research organization; or</DELETED>
<DELETED> ``(B) for whom a petition is filed not more than
90 days before or not more than 180 days after the nonimmigrant
has attained a master's degree or higher 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))).''.</DELETED>
<DELETED> ``(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), be counted toward the
numerical limitations contained in paragraph (1)(A)(iii) the first time
the alien is employed by an employer other than one described in
paragraph (5)(A).''.</DELETED>
<DELETED>SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO
EMPLOYMENT-BASED IMMIGRANTS.</DELETED>
<DELETED> (a) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(5) Rules for employment-based immigrants.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
amended by striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (3), (4), and (5)''.</DELETED>
<DELETED> (2) Section 202(e)(3) (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''.</DELETED>
<DELETED> (c) One-Time Protection Under Per Country Ceiling.--
Notwithstanding section 214(g)(4) of the Immigration and Nationality
Act, any alien who--</DELETED>
<DELETED> (1) is the beneficiary of a petition filed under
section 204(a) for a preference status under paragraph (1),
(2), or (3) of section 203(b); and</DELETED>
<DELETED> (2) would be subject to the per country
limitations applicable to immigrants under those paragraphs but
for this subsection,</DELETED>
<DELETED>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.</DELETED>
<DELETED>SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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, employment
authorization shall cease.</DELETED>
<DELETED> ``(2) A nonimmigrant alien described in this paragraph is
a nonimmigrant alien--</DELETED>
<DELETED> ``(A) who has been lawfully admitted into the
United States;</DELETED>
<DELETED> ``(B) on whose behalf an employer has filed a
nonfrivolous application for new employment or extension of
status before the date of expiration of the period of stay
authorized by the Attorney General; and</DELETED>
<DELETED> ``(C) who has not been employed without
authorization in the United States before or during the
pendency of such petition for new employment.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY
ADJUDICATIONS.</DELETED>
<DELETED> (a) Exemption From Limitation.--The limitation contained
in section 214(g)(4) of the Immigration and Nationality Act 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 the
Immigration and Nationality Act on whose behalf a petition under
section 204(b) to accord the alien immigrant status under section
203(b), or an application for adjustment of status under section 245 to
accord the alien status under section 203(b), has been filed, if 365
days or more have elapsed since the filing of a labor certification
application on the alien's behalf, if required for the alien to obtain
status under section 203(b), or the filing of the petition under
section 204(b).</DELETED>
<DELETED> (b) Extension of H1-B 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.</DELETED>
<DELETED>SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES
THROUGH FISCAL YEAR 2002.</DELETED>
<DELETED> (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,
2002''.</DELETED>
<DELETED> (b) Fee Requirements.--Section 212(c)(9)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(c)(9)(A)) is amended in
the text above clause (i) by striking ``October 1, 2001'' and inserting
``October 1, 2002''.</DELETED>
<DELETED> (c) 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, 2002''.</DELETED>
<DELETED>SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.</DELETED>
<DELETED> Section 214(g)(3) of the Immigration and Nationality Act
(8 U.S.C. 1184 (g)(3)) is amended to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL
DIVIDE''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Competitiveness in the
Twenty-first Century Act of 2000''.
SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.
In addition to the number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101 (a)(15)(H)(i)(b)), the following number of aliens may be issued
such visas or otherwise provided such status for each of the following
fiscal years:
(1) 80,000 for fiscal year 2000;
(2) 87,500 for fiscal year 2001; and
(3) 130,000 for fiscal year 2002.
SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND
GRADUATE DEGREE RECIPIENTS.
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)--
``(A) who is employed (or has received an offer of
employment) at--
``(i) 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
``(ii) a nonprofit research organization or a
governmental research organization; or
``(B) for whom a petition is filed not more than 90 days
before or not more than 180 days after the nonimmigrant has
attained a master's degree or higher 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))).
``(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), be counted toward the
numerical limitations contained in paragraph (1)(A) the first time the
alien is employed by an employer other than one described in paragraph
(5)(A).''.
SEC. 4. 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, any alien
who--
(1) is the beneficiary of a petition filed under section
204(a) for a preference status under paragraph (1), (2), or (3)
of section 203(b); and
(2) would be subject to the per country limitations
applicable to immigrants under those paragraphs but for this
subsection,
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. 5. 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, employment
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
application for new employment or extension of status before
the date of expiration of the period of stay authorized by the
Attorney General; and
``(C) who has not been employed without authorization in
the United States before or during the pendency of such
petition for new employment.''.
(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. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY ADJUDICATIONS.
(a) Exemption From Limitation.--The limitation contained in section
214(g)(4) of the Immigration and Nationality Act 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 the Immigration and Nationality
Act on whose behalf a petition under section 204(b) to accord the alien
immigrant status under section 203(b), or an application for adjustment
of status under section 245 to accord the alien status under section
203(b), has been filed, if 365 days or more have elapsed since the
filing of a labor certification application on the alien's behalf, if
such certification is required for the alien to obtain status under
section 203(b), or if 365 days or more have elapsed since the filing of
the petition under section 204(b).
(b) Extension of H1-B 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.
SEC. 7. 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, 2002''.
(b) Fee Requirements.--Section 214(c)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended in the text above
clause (i) by striking ``October 1, 2001'' and inserting ``October 1,
2002''.
(c) 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, 2002''.
SEC. 8. 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. 9. 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. 10. 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 ``36.2 percent'';
(2) in paragraph (3), by striking ``28.2 percent'' and
inserting ``30.7 percent''; and
(3) in paragraph (4)(A), by striking ``4 percent'' 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) National Science Foundation Grant Program.--Section
286(s)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(s))
is amended to read as follows:
``(B) National science foundation competitive grant
program for k-12 math, science and technology
education.--(i) 25.8 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
and/or matching grant program to support private-public
partnerships in K-12 education.
``(ii) 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;
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; involve partnerships of industry,
educational institutions, and community organizations to address the
educational needs of disadvantaged communities; and college preparatory
support to expose and prepare students for careers in science,
mathematics, engineering, and technology.''.
(d) Reporting Requirements.--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) The Secretary of the Department 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. 11. 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.
Amend the title to read as follows: ``A bill to amend the
Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens, and to establish a crime prevention and
computer education initiative.''.