[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.''.