[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[Senate]
[Pages S9272-S9316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                   KENNEDY AMENDMENTS NOS. 4190-4195

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted six amendments intended to be proposed by him 
to the bill (S. 2045) amending the Immigration and Nationality Act with 
respect to H-1B nonimmigrant aliens; as follows:

                           Amendment No. 4190

       At the appropriate place, add the following:

     RECRUITMENT FROM UNDERREPRESENTED MINORITY GROUPS.

       Section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)), as amended by section 202, is further 
     amended by inserting after subparagraph (H) the following:
       ``(I) The employer certifies that the employer--
       ``(i) is taking steps to recruit qualified United States 
     workers who are members of underrepresented minority groups, 
     including--
       ``(I) recruiting at a wide geographical distribution of 
     institutions of higher education, including historically 
     black colleges and universities, other minority institutions, 
     community colleges, and vocational and technical colleges; 
     and
       ``(II) advertising of jobs to publications reaching 
     underrepresented groups of United States workers, including 
     workers older than 35, minority groups, non-English speakers, 
     and disabled veterans, and
       ``(ii) will submit to the Secretary of Labor at the end of 
     each fiscal year in which the employer employs an H-1B worker 
     a report that describes the steps so taken.
       For purposes of this subparagraph, the term `minority' 
     includes individuals who are African-American, Hispanic, 
     Asian, and women.''.
                                  ____


                           Amendment No. 4191

       On page 13, after line 2, insert the following:
       (6) Section 286(s)(5) of the Immigration and Nationality 
     Act (8 U.S.C. (s)(5) is amended to read as follows:
       (6) Use of fees for duties relating to petitions.--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), and under section 
     212(n)(5).''
       Notwithstanding any other provision of this Act, the figure 
     on page 11, line 2 is

[[Page S9273]]

     deemed to be ``22 percent''; the figure on page 12, line 25 
     deemed to be ``4 percent''; and the figure on page 13 line 2 
     is deemed to be ``2 percent''.
                                  ____


                           Amendment No. 4192

       At the appropriate place, insert the following:

     IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A)) is amended by striking 
     ``(excluding'' and all that follows through ``2001)'' and 
     inserting ``(excluding any employer that is a primary or 
     secondary education institution, an institution of higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     related to or affiliated with any such institution, a 
     nonprofit entity which engages in established curriculum-
     related clinical training of students registered at any such 
     institution, a nonprofit research organization, or a 
     governmental research organization) filing''.
                                  ____


                           Amendment No. 4193

       On page 17, line 23, strike the period and insert the 
     following: ``; or involves a labor-management partnership, 
     voluntarily agreed to by labor and management, with the 
     ability to devise and implement a strategy for assessing the 
     employment and training needs of United States workers and 
     obtaining services to meet such needs''.''
                                  ____


                           Amendment No. 4194

       On page 9, after line 15, insert the following:
       (c) Department of Labor Survey; Report.--
       (1) Survey.--The Secretary of Labor shall conduct an 
     ongoing survey of the level of compliance by employers with 
     the provisions and requirements of the H-1B visa program. In 
     conducting this survey, the Secretary shall use an 
     independently developed random sample of employers that have 
     petitioned the INS for H-1B visas. The Secretary is 
     authorized to pursue appropriate penalties where appropriate.
       (2) Report.--Beginning 2 years after the date of enactment 
     of this Act, and biennially thereafter, the Secretary of 
     Labor shall submit a report to Congress containing the 
     findings of the survey conducted during the preceding 2-year 
     period.
                                  ____


                           Amendment No. 4195

       On page 3, strike line 4 and all that follows through page 
     4, line 6, and insert the following:
       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)), as amended by section 2, is further amended 
     by adding at the end the following new paragraphs:
       ``(5)(A) Of the total number of aliens authorized to be 
     granted nonimmigrant status under section 101(a)(15)(H)(i)(b) 
     in a fiscal year, not less than 12,000 shall be nonimmigrant 
     aliens issued visas or otherwise provided status under 
     section 101(a)(15)(H)(i)(b) who are employed (or have 
     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;
       ``(ii) a nonprofit entity that engages in established 
     curriculum-related clinical training of students registered 
     at any such institution; or
       ``(iii) a nonprofit research organization or a governmental 
     research organization.
       ``(B) To the extent the 12,000 visas or grants of status 
     specified in subparagraph (A) are not issued or provided by 
     the end of the third quarter of each fiscal year, the 
     remainder of such visas or grants of status shall be 
     available for aliens described in paragraph (6) as well as 
     aliens described in subparagraph (A).
       ``(6) Of the total number of aliens authorized to be 
     granted nonimmigrant status under section 
     101(a)(15)(H)(i)(b), not less than 40 percent for fiscal year 
     2000, not less than 45 percent for fiscal year 2001, and not 
     less than 50 percent for fiscal year 2002, are authorized for 
     such status only if the aliens have attained at least a 
     master's degree from an institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) in the United States or an equivalent 
     degree (as determined in a credential evaluation performed by 
     a private entity prior to filing a petition) from such an 
     institution abroad.''.
       Notwithstanding any other provision of this Act, the figure 
     on page 2, line 3 is deemed to be ``200,000''; the figure on 
     page 2, line 4 is deemed to be ``200,000''; and the figure on 
     page 2, line 5 is deemed to be ``200,000''.
                                 ______
                                 

                   LANDRIEU AMENDMENTS NOS. 4196-4197

  (Ordered to lie on the table.)
  Ms. LANDRIEU submitted two amendments intended to be proposed by her 
to the bill, S. 2045, supra; as follows:

                           Amendment No. 4196

       At the appropriate place insert the following:

     SEC. ____. ELIGIBILITY FOR NONIMMIGRANT STATUS OF CHILDREN 
                   REQUIRING EMERGENCY MEDICAL SURGERY OR OTHER 
                   TREATMENT.

       Section 101(a)(15) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (R);
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(T)(i) an alien child who requires emergency medical 
     surgery or other treatment by a healthcare provider in the 
     United States, without regard to whether or not the alien can 
     demonstrate an intention of returning to a residence in a 
     foreign country, if--
       ``(I) payment for the surgery or other treatment will be 
     made by a private individual or organization; and
       ``(II) surgery or treatment of comparable quality is not 
     available in the country of the alien's last habitual 
     residence; and
       ``(ii) any alien parent of the child if accompanying or 
     following to join;''.
                                  ____


                           Amendment No. 4197

       At the appropriate place, insert the following:
       Sec. ____. (a) Grounds for Deportability.--Section 237 of 
     the Immigration and Nationality Act (8 U.S.C. 1227) is 
     amended by adding at the end the following:
       ``(d) Exception to Grounds of Removal.--Subsection (a) 
     shall not apply to an alien who is lawfully admitted to the 
     United States for permanent residence, and who acquired such 
     status under section 201(b)(2)(A)(i) as a child described in 
     section 101(b)(1)(F).''.
       (b) Grounds for Inadmissibility.--Section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182) is amended by 
     inserting after subsection (b) the following:
       ``(c) Subsection (a) shall not apply to an alien described 
     in section 237(d) who is seeking to reenter the United 
     States.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of enactment of this 
     Act and shall apply to an alien in removal proceedings, or 
     otherwise subject to removal, under the Immigration and 
     Nationality Act on or after such date.
       (d) Termination of Proceedings.--In the case of an alien 
     described in section 237(d) of the Immigration and 
     Nationality Act (as added by subsection (a)) who is in 
     deportation proceedings, or otherwise subject to deportation, 
     under such Act (as in effect before the title III-A effective 
     date in section 309 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)) 
     before the date of enactment of this Act, the Attorney 
     General shall terminate such proceedings and shall refrain 
     from deporting or removing the alien from the United States.
                                 ______
                                 

                     LOTT AMENDMENTS NOS. 4198-4203

  (Ordered to lie on the table.)
  Mr. LOTT submitted six amendments intended to be proposed by him to 
the bill, S. 2045, supra; as follows:

                           Amendment No. 4198

       Strike all after the first word and insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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

[[Page S9274]]

       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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

[[Page S9275]]

     under section 3(a)(1) of this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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

[[Page S9276]]

     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. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 10 days after 
     effective date.
                                  ____


                           Amendment No. 4199

       Strike all after the first word and insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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

[[Page S9277]]

       (2) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph

[[Page S9278]]

     (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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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

[[Page S9279]]

       (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. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 9 days after effective 
     date.
                                  ____


                           Amendment No. 4200

       Strike all after the first word and insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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''.

[[Page S9280]]

       (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, 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage'

[[Page S9281]]

     means a shortage of skills necessary for employment in a 
     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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 8 days after effective 
     date.
                                  ____


                           Amendment No. 4201

       In lieu of the matter proposed, insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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

[[Page S9282]]

     contained in title IV of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999; Public Law 105-277).

     SEC. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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;

[[Page S9283]]

     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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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.''.

[[Page S9284]]

     SEC. 12. 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. 13. SEVERABILITY.

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


                           Amendment No. 4202

       In lieu of the matter proposed, insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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

[[Page S9285]]

     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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this 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. 11. 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

[[Page S9286]]

     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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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

[[Page S9287]]

     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. 13. SEVERABILITY.

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


                           Amendment No. 4203

       In lieu of the matter proposed, insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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,

[[Page S9288]]

     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 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) 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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

[[Page S9289]]

     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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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. 13. SEVERABILITY.

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

                    HATCH AMENDMENTS NOS. 4204-4205

  (Ordered to lie on the table.)
  Mr. HATCH submitted two amendments intended to be proposed by him to 
the bill S. 2405, supra; as follows:

                           Amendment No. 4204

       On page 1 of the amendment, line 10, strike ``(vi)'' and 
     insert ``(vii)''.
       On page 2 of the amendment, strike lines 1 through 5 and 
     insert the following:
       (2) by striking clause (iv) and inserting the following:
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002;

[[Page S9290]]

       ``(vi) 195,000 in fiscal year 2003; and''.
       On page 2 of the amendment, line 6, strike ``Fiscal Year 
     1999.--'' and insert ``Fiscal Years 1999 and 2000.--''.
       On page 2 of the amendment, line 7, strike 
     ``Notwithstanding'' and insert ``(A) Notwithstanding''.
       On page 2 of the amendment, between lines 17 and 18, insert 
     the following:
       (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.
       On page 6 of the amendment, strike lines 16 through 18 and 
     insert the following:
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,
       On page 7 of the amendment, strike lines 22 through 24 and 
     insert the following:
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       On page 9 of the amendment, between lines 3 and 4, insert 
     the following:
       (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 year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas made 
     available under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).
       On page 12 of the amendment, line 3, strike ``used'' and 
     insert ``use''.
       On page 12 of the amendment, line 21, strike ``this'' and 
     insert ``the''.
       On page 15 of the amendment, beginning on line 18, strike 
     ``All training'' and all that follows through 
     ``demonstrated'' on line 20 and insert the following: ``The 
     need for the training shall be justified''.
       On page 18 of the amendment, line 10, strike ``that are in 
     shortage''.
       On page 18 of the amendment, line 23 and 24, strike ``H-1B 
     skill shortage.'' and insert ``single specialty occupation, 
     as defined in section 214(i) of the Immigration and 
     Nationality Act.''.
       On page 19 of the amendment, strike lines 1 through 6.
       On page 20 of the amendment, line 23, strike ``and''.
       On page 21 of the amendment, line 2, strike the period and 
     insert ``; and''.
       On page 21 of the amendment, between lines 2 and 3, insert 
     the following:
       ``(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).''.
       On page 21 of the amendment, after line 25, insert the 
     following new section:

     SEC. 12. IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A)) is amended by striking 
     ``(excluding'' and all that follows through ``2001)'' and 
     inserting ``(excluding any employer that is a primary or 
     secondary education institution, an institution of higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     related to or affiliated with any such institution, a 
     nonprofit entity which engages in established curriculum-
     related clinical training of students registered at any such 
     institution, a nonprofit research organization, or a 
     governmental research organization) filing''.

       On page 22 of the amendment, line 1, strike ``SEC. 12.''. 
     and insert ``SEC. 13.''.

       On page 27 of the amendment, line 1, strike ``SEC. 13.''. 
     and insert ``SEC. 14.''.
                                  ____


                           Amendment No. 4205

       In lieu of the matter proposed insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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.

[[Page S9291]]

     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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 uses 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 
     regarding--

[[Page S9292]]

       ``(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. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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--

[[Page S9293]]

       (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. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby.
                                 ______
                                 

                    KERRY AMENDMENTS NOS. 4206-4207

  Ordered to lie on the table.)
  Mr. KERRY submitted two amendments intended to be proposed by him to 
the bill, S. 2045, supra; as follows:

                           Amendment No. 4206

       On page 17, strike lines 3 through 12 and insert the 
     following:

     SEC. 9. 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).
                                  ____


                           Amendment No. 4207

       At the appropriate place, insert the following:

     SEC. 9. 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).
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 4208

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 2045, supra; as follows:

       At the appropriate place, insert:

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``International Patient Act 
     of 2000''.

     SEC. 2. THREE-YEAR PILOT PROGRAM TO EXTEND VOLUNTARY 
                   DEPARTURE PERIOD FOR CERTAIN NONIMMIGRANT 
                   ALIENS REQUIRING MEDICAL TREATMENT WHO WERE 
                   ADMITTED UNDER VISA WAIVER PILOT PROGRAM.

       Section 240B(a)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1229c(a)(2)) is amended to read as follows:
       (2) Period.--
       (A) In general.--Subject to subparagraph (B), permission to 
     depart voluntarily under this subsection shall not be valid 
     for a period exceeding 120 days.
       (B) 3-year pilot program waiver.--During the period October 
     1, 2000, through September 30, 2003, and subject to 
     subparagraphs (C) and (D)(ii), the Attorney General may, in 
     the discretion of the Attorney General for humanitarian 
     purposes, waive application of subparagraph (A) in the case 
     of an alien--
       (i) who was admitted to the United States as a nonimmigrant 
     visitor (described in section 101(a)(15)(B) under the 
     provisions of the visa waiver pilot program established 
     pursuant to section 217, seeks the waiver for the purpose of 
     continuing to receive medical treatment in the United States 
     from a physician associated with a health care facility, and 
     submits to the Attorney General--
       (I) a detailed diagnosis statement from the physician, 
     which includes the treatment being sought and the expected 
     time period the alien will be required to remain in the 
     United States;
       (II) a statement from the health care facility containing 
     an assurance that the alien's treatment is not being paid 
     through any Federal or State public health assistance, that 
     the alien's account has no outstanding balance, and that such 
     facility will notify the Service when the alien is released 
     or treatment is terminated; and
       (III) evidence of financial ability to support the alien's 
     day-to-day expenses while in the United States (including the 
     expenses of any family member described in clause (ii)) and 
     evidence that any such alien or family member is not 
     receiving any form of public assistance; or
       (ii) who--
       (I) is a spouse, parent, brother, sister, son, daughter, or 
     other family member of a principal alien described in clause 
     (i); and
       (II) entered the United States accompanying, and with the 
     same status as, such principal alien.
       (C) Waiver limitations.--
       (i) Waivers under subparagraph (B) may be granted only upon 
     a request submitted by a Service district office to Service 
     headquarters.
       (ii) Not more than 300 waivers may be granted for any 
     fiscal year for a principal alien under subparagraph (B)(i).
       (iii)(I) Except as provided in subclause (II), in the case 
     of each principal alien described in subparagraph (B)(i) not 
     more than one adult may be granted a waiver under 
     subparagraph (B)(ii).
       (II) Not more than two adults may be granted a waiver under 
     subparagraph (B)(ii) in a case in which--
       (aa) the principal alien described in subparagraph (B)(i) 
     is a dependent under the age of 18; or
       (bb) one such adult is age 55 or older or is physically 
     handicapped.
       (D) Report to congress; suspension of waiver authority.--
       (i) Not later than March 30 of each year, the Commissioner 
     shall submit to the Congress an annual report regarding all 
     waivers granted under subparagraph (B) during the preceding 
     fiscal year.
       (ii) Notwithstanding any other provision of law, the 
     authority of the Attorney General under subparagraph (B) 
     shall be suspended during any period in which an annual 
     report under clause (i) is past due and has not been 
     submitted.
                                 ______
                                 

           STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000

                                 ______
                                 

                       DeWINE AMENDMENT NO. 4209

  Mr. GORTON (for Mr. DeWine) proposed an amendment to the bill (S. 
2272) to improve the administrative efficiency and effectiveness of the 
Nation's abuse and neglect courts and for other purposes consistent 
with the Adoption and Safe Families Act of 1997; as follows:

       On page 23, line 4, strike ``fiscal year 2001'' and insert 
     ``the period of fiscal years 2001 and 2002''.
       On page 24, line 13, strike ``fiscal year 2001'' and insert 
     ``the period of fiscal years 2001 and 2002''.
                                 ______
                                 

                  HEALTH CARE PROVIDER BILL OF RIGHTS

                                 ______
                                 

               ABRAHAM (AND MURKOWSKI) AMENDMENT NO. 4210

  (Ordered referred to the Committee on Finance.)

[[Page S9294]]

  Mr. ABRAHAM (for himself and Mr. Murkowski) submitted an amendment 
intended to be proposed by them to the bill (S. 2999) to amend title 
XVIII of the Social Security Act to reform the regulatory processes 
used by the Health Care Financing Administration to administer the 
Medicare Program, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Health 
     Care Providers Bill of Rights Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                       TITLE I--REGULATORY REFORM

Sec. 101. Prospective application of certain regulations.
Sec. 102. Requirements for judicial and regulatory challenges of 
              regulations.
Sec. 103. Prohibition of recovering past overpayments by certain means.
Sec. 104. Prohibition of recovering past overpayments if appeal 
              pending.

                   TITLE II--APPEALS PROCESS REFORMS

Sec. 201. Reform of post-payment audit process.
Sec. 202. Definitions relating to protections for physicians, 
              suppliers, and providers of services.
Sec. 203. Right to appeal on behalf of deceased beneficiaries.

                    TITLE III--EDUCATION COMPONENTS

Sec. 301. Designated funding levels for provider education.
Sec. 302. Advisory opinions.

               TITLE IV--SUSTAINABLE GROWTH RATE REFORMS

Sec. 401. Inclusion of regulatory costs in the calculation of the 
              sustainable growth rate.

                      TITLE V--STUDIES AND REPORTS

Sec. 501. GAO audit and report on compliance with certain statutory 
              administrative procedure requirements.
Sec. 502. GAO study and report on provider participation.
Sec. 503. GAO audit of random sample audits.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Physicians, providers of services, and suppliers of 
     medical equipment and supplies that participate in the 
     medicare program under title XVIII of the Social Security Act 
     must contend with over 100,000 pages of complex medicare 
     regulations, most of which are unknowable to the average 
     health care provider.
       (2) Many physicians are choosing to discontinue 
     participation in the medicare program to avoid becoming the 
     target of an overzealous Government investigation regarding 
     compliance with the extensive regulations governing the 
     submission and payment of medicare claims.
       (3) Health Care Financing Administration contractors send 
     post-payment review letters to physicians that require the 
     physician to submit to additional substantial Government 
     interference with the practice of the physician in order to 
     preserve the physician's right to due process.
       (4) When a Health Care Financing Administration contractor 
     sends a post-payment review letter to a physician, that 
     contractor often has no telephone or face-to-face 
     communication with the physician, provider of services, or 
     supplier.
       (5) The Health Care Financing Administration targets 
     billing errors as though health care providers have committed 
     fraudulent acts, but has not adequately educated physicians, 
     providers of services, and suppliers regarding medicare 
     billing requirements.
       (6) The Office of the Inspector General of the Department 
     of Health and Human Services found that 75 percent of 
     surveyed physicians had never received any educational 
     materials from a Health Care Financing Administration 
     contractor concerning the equipment and supply ordering 
     process.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Applicable authority.--The term ``applicable 
     authority'' has the meaning given such term in section 
     1861(uu)(1) of the Social Security Act (as added by section 
     202).
       (2) Carrier.--The term ``carrier'' means a carrier (as 
     defined in section 1842(f) of the Social Security Act (42 
     U.S.C. 1395u(f))) with a contract under title XVIII of such 
     Act to administer benefits under part B of such title.
       (3) Extrapolation.--The term ``extrapolation'' has the 
     meaning given such term in section 1861(uu)(2) of the Social 
     Security Act (as added by section 202).
       (4) Fiscal intermediary.--The term ``fiscal intermediary'' 
     means a fiscal intermediary (as defined in section 1816(a) of 
     the Social Security Act (42 U.S.C. 1395h(a))) with an 
     agreement under section 1816 of such Act to administer 
     benefits under part A or B of such title.
       (5) Health care provider.--The term ``health care 
     provider'' has the meaning given the term ``eligible 
     provider'' in section 1897(a)(2) of the Social Security Act 
     (as added by section 301).
       (6) Medicare program.--The term ``medicare program'' means 
     the health benefits program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.).
       (7) Prepayment review.--The term ``prepayment review'' has 
     the meaning given such term in section 1861(uu)(3) of the 
     Social Security Act (as added by section 202).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

                       TITLE I--REGULATORY REFORM

     SEC. 101. PROSPECTIVE APPLICATION OF CERTAIN REGULATIONS.

       Section 1871(a) of the Social Security Act (42 U.S.C. 
     1395hh(a)) is amended by adding at the end the following new 
     paragraph:
       ``(3) Any regulation described under paragraph (2) may not 
     take effect earlier than the date on which such regulation 
     becomes a final regulation. Any regulation described under 
     such paragraph that applies to an agency action, including 
     any agency determination, shall only apply as that regulation 
     is in effect at the time that agency action is taken.''.

     SEC. 102. REQUIREMENTS FOR JUDICIAL AND REGULATORY CHALLENGES 
                   OF REGULATIONS.

       (a) Right To Challenge Constitutionality and Statutory 
     Authority of HCFA Regulations.--Section 1872 of the Social 
     Security Act (42 U.S.C. 1395ii) is amended to read as 
     follows:


            ``application of certain provisions of title ii

       ``Sec. 1872. The provisions of sections 206 and 216(j), and 
     of subsections (a), (d), (e), (h), (i), (j), (k), and (l) of 
     section 205, shall also apply with respect to this title to 
     the same extent as they are applicable with respect to title 
     II, except that--
       ``(1) in applying such provisions with respect to this 
     title, any reference therein to the Commissioner of Social 
     Security or the Social Security Administration shall be 
     considered a reference to the Secretary or the Department of 
     Health and Human Services, respectively; and
       ``(2) section 205(h) shall not apply with respect to any 
     action brought against the Secretary under section 1331 or 
     1346 of title 28, United States Code, regardless of whether 
     such action is unrelated to a specific determination of the 
     Secretary, that challenges--
       ``(A) the constitutionality of substantive or interpretive 
     rules of general applicability issued by the Secretary;
       ``(B) the Secretary's statutory authority to promulgate 
     such substantive or interpretive rules of general 
     applicability; or
       ``(C) a finding of good cause under subparagraph (B) of the 
     sentence following section 553(b)(3) of title 5, United 
     States Code, if used in the promulgation of substantive or 
     interpretive rules of general applicability issued by the 
     Secretary.''.
       (b) Administrative and Judicial Review of Secretary 
     Determinations.--Section 1866(h) of the Act (42 U.S.C. 
     1395cc(h)) is amended--
       (1) by striking paragraph (1) and inserting the following 
     new paragraph:
       ``(1) Except as provided in paragraph (3), an institution 
     or agency dissatisfied with a determination by the Secretary 
     that it is not a provider of services or with a determination 
     described in subsection (b)(2) (regardless of whether such 
     determination has been made by the Secretary or by a State 
     pursuant to an agreement entered into with the Secretary 
     under section 1864 and regardless of whether the Secretary 
     has imposed or may impose a remedy, penalty, or other 
     sanction on the institution or agency in connection with such 
     determination) shall be entitled to a hearing thereon by the 
     Secretary (after reasonable notice) to the same extent as is 
     provided in section 205(b), and to judicial review of the 
     Secretary's final decision after such hearing as is provided 
     in section 205(g), except that in so applying such sections 
     and in applying section 205(l) thereto, any reference therein 
     to the Commissioner of Social Security or the Social Security 
     Administration shall be considered a reference to the 
     Secretary or the Department of Health and Human Services, 
     respectively, and such hearings are subject to the deadlines 
     in paragraph (2) hereof.'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2)(A)(i) Except as provided in clause (ii), an 
     administrative law judge shall conduct and conclude a hearing 
     on a determination described in subsection (b)(2) and render 
     a decision on such hearing by not later than the end of the 
     90-day period beginning on the date a request for hearing has 
     been timely filed.
       ``(ii) The 90-day period under subclause (I) shall not 
     apply in the case of a motion or stipulation by the party 
     requesting the hearing to waive such period.
       ``(B) The Department Appeals Board of the Department of 
     Health and Human Services shall conduct and conclude a review 
     of the decision on a hearing described in subparagraph (A) 
     and make a decision or remand the case to the administrative 
     law judge for reconsideration by not later than the end of 
     the 90-day period beginning on the date a request for review 
     has been timely filed.
       ``(C) In the case of a failure by an administrative law 
     judge to render a decision by the end of the period described 
     in clause (i), the party requesting the hearing may request a 
     review by the Departmental Appeals Board

[[Page S9295]]

     of the Departmental of Health and Human Services, 
     notwithstanding any requirements for a hearing for purposes 
     of the party's right to such a review.
       ``(D) In the case of a request described in clause (iii), 
     the Departmental Appeals Board shall review the case de novo. 
     In the case of the failure of the Departmental Appeals Board 
     to render a decision on such hearing by not later than the 
     end of the 60-day period beginning on the date a request for 
     such a Department Appeals Board hearing has been filed, the 
     party requesting the hearing may seek judicial review of the 
     Secretary's decision, notwithstanding any requirements for a 
     hearing for purposes of the party's right to such review.
       ``(E) In the case of a request described in clause (iv), 
     the court shall review the case de novo.''.

     SEC. 103. PROHIBITION OF RECOVERING PAST OVERPAYMENTS BY 
                   CERTAIN MEANS.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding sections 1815(a), 1842(b), and 
     1861(v)(1)(A)(ii) of the Social Security Act (42 U.S.C. 
     1395g(a), 1395u(a), and 1395x(v)(1)(A)(ii)), or any other 
     provision of law, for purposes of applying sections 
     1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 of such 
     Act (42 U.S.C. 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 
     1395gg, and 1395ddd), the Secretary may not offset any future 
     payment to a health care provider to recoup a previously made 
     overpayment, but instead shall establish a repayment plan to 
     recoup such an overpayment.
       (b) Exception.--This section shall not apply to cases in 
     which the Secretary finds evidence of fraud or similar fault 
     on the part of such provider.

     SEC. 104. PROHIBITION OF RECOVERING PAST OVERPAYMENTS IF 
                   APPEAL PENDING.

       (a) In General.--Notwithstanding any provision of law, for 
     purposes of applying sections 1842(b)(3)(B)(ii), 
     1866(a)(1)(B)(ii), 1870, and 1893 of the Social Security Act 
     (42 U.S.C. 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 1395gg, 
     and 1395ddd), the Secretary may not take any action (or 
     authorize any other person, including any fiscal 
     intermediary, carrier, and contractor under section 1893 of 
     such Act (42 U.S.C. 1395ddd)) to recoup an overpayment during 
     the period in which a health care provider is appealing a 
     determination that such an overpayment has been made or the 
     amount of the overpayment.
       (b) Exception.--This section shall not apply to cases in 
     which the Secretary finds evidence of fraud or similar fault 
     on the part of such provider.

                   TITLE II--APPEALS PROCESS REFORMS

     SEC. 201. REFORM OF POST-PAYMENT AUDIT PROCESS.

       (a) Communications to Physicians.--Section 1842 of the 
     Social Security Act (42 U.S.C. 1395u) is amended by adding at 
     the end the following new subsection:
       ``(u)(1)(A) Except as provided in paragraph (2), in 
     carrying out its contract under subsection (b)(3), with 
     respect to physicians' services, the carrier shall provide 
     for the recoupment of overpayments in the manner described in 
     the succeeding subparagraphs if--
       ``(i) the carrier or a contractor under section 1893 has 
     not requested any relevant record or file; and
       ``(ii) the case has not been referred to the Department of 
     Justice or the Office of Inspector General.
       ``(B)(i) During the 1-year period beginning on the date on 
     which a physician receives an overpayment, the physician may 
     return the overpayment to the carrier making such overpayment 
     without any penalty.
       ``(ii) If a physician returns an overpayment under clause 
     (i), neither the carrier nor the contractor under section 
     1893 may begin an investigation or target such physician 
     based on any claim associated with the amount the physician 
     has repaid.
       ``(C) The carrier or a contractor under section 1893 may 
     not recoup or offset payment amounts based on extrapolation 
     (as defined in section 1861(uu)(2)) if the physician has not 
     been the subject of a post-payment audit.
       ``(D) As part of any written consent settlement 
     communication, the carrier or a contractor under section 1893 
     shall clearly state that the physician may submit additional 
     information (including evidence other than medical records) 
     to dispute the overpayment amount without waiving any 
     administrative remedy or right to appeal the amount of the 
     overpayment.
       ``(E) As part of the administrative appeals process for any 
     amount in controversy, a physician may directly appeal any 
     adverse determination of the carrier or a contractor under 
     section 1893 to an administrative law judge.
       ``(F)(i) Each consent settlement communication from the 
     carrier or a contractor under section 1893 shall clearly 
     state that prepayment review (as defined in section 
     1861(uu)(3)) may be imposed where the physician submits an 
     actual or projected repayment to the carrier or a contractor 
     under section 1893. Any prepayment review shall cease if the 
     physician demonstrates to the carrier that the physician has 
     properly submitted clean claims (as defined in section 
     1816(c)(2)(B)(i)).
       ``(ii) Prepayment review may not be applied as a result of 
     an action under section 201(a), 301(b), or 302.
       ``(2) If a carrier or a contractor under section 1893 
     identifies (before or during post-payment review activities) 
     that a physician has submitted a claim with a coding, 
     documentation, or billing inconsistency, before sending any 
     written communication to such physician, the carrier or a 
     contractor under section 1893 shall contact the physician by 
     telephone or in person at the physician's place of business 
     during regular business hours and shall--
       ``(i) identify the billing anomaly;
       ``(ii) inform the physician of how to address the anomaly; 
     and
       ``(iii) describe the type of coding or documentation that 
     is required for the claim.''.
       (b) Communications to Providers of Services.--Section 1816 
     of the Social Security Act (42 U.S.C. 1395h) is amended by 
     adding at the end the following new subsection:
       ``(m)(1)(A) Except as provided in paragraph (2), in 
     carrying out its agreement under this section, with respect 
     to payment for items and services furnished under this part, 
     the fiscal intermediary shall provide for the recoupment of 
     overpayments in the manner described in the succeeding 
     subparagraphs if--
       ``(i) the fiscal intermediary or a contractor under section 
     1893 has not requested any relevant record or file; and
       ``(ii) the case has not been referred to the Department of 
     Justice or the Office of Inspector General.
       ``(B)(i) During the 1-year period beginning on the date on 
     which a provider of services receives an overpayment, the 
     provider of services may return the overpayment to the fiscal 
     intermediary making such overpayment without any penalty.
       ``(ii) If a provider of services returns an overpayment 
     under clause (i), neither the fiscal intermediary, contractor 
     under section 1893, nor any law enforcement agency may begin 
     an investigation or target such provider of services based on 
     any claim associated with the amount the provider of services 
     has repaid.
       ``(C) The fiscal intermediary or a contractor under section 
     1893 may not recoup or offset payment amounts based on 
     extrapolation (as defined in section 1861(uu)(2)) if the 
     provider of services has not been the subject of a post-
     payment audit.
       ``(D) As part of any written consent settlement 
     communication, the fiscal intermediary or a contractor under 
     section 1893 shall clearly state that the provider of 
     services may submit additional information (including 
     evidence other than medical records) to dispute the 
     overpayment amount without waiving any administrative remedy 
     or right to appeal the amount of the overpayment.
       ``(E) As part of the administrative appeals process for any 
     amount in controversy, a provider of services may directly 
     appeal any adverse determination of the fiscal intermediary 
     or a contractor under section 1893 to an administrative law 
     judge.
       ``(F)(i) Each consent settlement communication from the 
     fiscal intermediary or a contractor under section 1893 shall 
     clearly state that prepayment review (as defined in section 
     1861(uu)(3)) may be imposed where the provider of services 
     submits an actual or projected repayment to the fiscal 
     intermediary or a contractor under section 1893. Any 
     prepayment review shall cease if the provider of services 
     demonstrates to the fiscal intermediary that the provider of 
     services has properly submitted clean claims (as defined in 
     subsection (c)(2)(B)(i)).
       ``(ii) Prepayment review may not be applied as a result of 
     an action under section 201(a), 301(b), or 302.
       ``(2) If a fiscal intermediary or a contractor under 
     section 1893 identifies (before or during post-payment review 
     activities) that a provider of services has submitted a claim 
     with a coding, documentation, or billing inconsistency, 
     before sending any written communication to such provider of 
     services, the fiscal intermediary or a contractor under 
     section 1893 shall contact the provider of services by 
     telephone or in person at place of business of such provider 
     of services during regular business hours and shall--
       ``(i) identify the billing anomaly;
       ``(ii) inform the provider of services of how to address 
     the anomaly; and
       ``(iii) describe the type of coding or documentation that 
     is required for the claim.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 60 days after the date of enactment of this 
     Act.

     SEC. 202. DEFINITIONS RELATING TO PROTECTIONS FOR PHYSICIANS, 
                   SUPPLIERS, AND PROVIDERS OF SERVICES.

       (a) In General.--Section 1861 of the Social Security Act 
     (42 U.S.C. 1395 et seq.) is amended by adding at the end the 
     following new subsection:

 ``Definitions Relating to Protections for Physicians, Suppliers, and 
                         Providers of Services

       ``(uu) For purposes of provisions of this title relating to 
     protections for physicians, suppliers of medical equipment 
     and supplies, and providers of services:
       ``(1) Applicable authority.--The term `applicable 
     authority' means the carrier, contractor under section 1893, 
     or fiscal intermediary that is responsible for making any 
     determination regarding a payment for any item or service 
     under the medicare program under this title.
       ``(2) Extrapolation.--The term `extrapolation' means the 
     application of an overpayment dollar amount to a larger 
     grouping of physician claims than those in the audited sample 
     to calculate a projected overpayment figure.
       ``(3) Prepayment review.--The term `prepayment review' 
     means the carriers' and fiscal intermediaries' practice of 
     withholding

[[Page S9296]]

     claim reimbursements from eligible providers even if the 
     claims have been properly submitted and reflect medical 
     services provided.''.

     SEC. 203. RIGHT TO APPEAL ON BEHALF OF DECEASED 
                   BENEFICIARIES.

       Notwithstanding section 1870 of the Social Security Act (42 
     U.S.C. 1395gg) or any other provision of law, the Secretary 
     shall permit any health care provider to appeal any 
     determination of the Secretary under the medicare program on 
     behalf of a deceased beneficiary where no substitute party is 
     available.

                    TITLE III--EDUCATION COMPONENTS

     SEC. 301. DESIGNATED FUNDING LEVELS FOR PROVIDER EDUCATION.

       (a) Education Programs for Physicians, Providers of 
     Services, and Suppliers.--Title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.) is amended by adding at the end 
     the following new section:


    ``education programs for physicians, providers of services, and 
                               suppliers

       ``Sec. 1897. (a) Definitions.--In this section:
       ``(1) Education programs.--The term `education programs' 
     means programs undertaken in conjunction with Federal, State, 
     and local medical societies, specialty societies, other 
     providers, and the Federal, State, and local associations of 
     such providers that--
       ``(A) focus on current billing, coding, cost reporting, and 
     documentation laws, regulations, fiscal intermediary and 
     carrier manual instructions;
       ``(B) place special emphasis on billing, coding, cost 
     reporting, and documentation errors that the Secretary has 
     found occur with the highest frequency; and
       ``(C) emphasize remedies for these improper billing, 
     coding, cost reporting, and documentation practices.
       ``(2) Eligible providers.--The term `eligible provider' 
     means a physician (as defined in section 1861(r)), a provider 
     of services (as defined in section 1861(u)), or a supplier of 
     medical equipment and supplies (as defined in section 
     1834(j)(5)).
       ``(b) Conduct of Education Programs.--
       ``(1) In general.--Carriers and fiscal intermediaries shall 
     conduct education programs for any eligible provider that 
     submits a claim under paragraph (2)(A).
       ``(2) Eligible provider education.--
       ``(A) Submission of claims and records.--Any eligible 
     provider may voluntarily submit any present or prior claim or 
     medical record to the applicable authority (as defined in 
     section 1861(uu)(1)) to determine whether the billing, 
     coding, and documentation associated with the claim is 
     appropriate.
       ``(B) Prohibition of extrapolation.--No claim submitted 
     under subparagraph (A) is subject to any type of 
     extrapolation (as defined in section 1861(uu)(2)).
       ``(C) Safe harbor.--No submission of a claim or record 
     under this section shall result in the carrier or a 
     contractor under section 1893 beginning an investigation or 
     targeting an individual or entity based on any claim or 
     record submitted under such subparagraph.
       ``(3) Treatment of improper claims.--If the carrier or 
     fiscal intermediary finds a claim to be improper, the 
     eligible provider shall have the following options:
       ``(A) Correction of problems.--To correct the 
     documentation, coding, or billing problem to appropriately 
     substantiate the claim and either--
       ``(i) remit the actual overpayment; or
       ``(ii) receive the appropriate additional payment from the 
     carrier or fiscal intermediary.
       ``(B) Repayment.--To repay the actual overpayment amount if 
     the service was not covered under the medicare program under 
     this title or if adequate documentation does not exist.
       ``(4) Prohibition of eligible provider tracking.--The 
     applicable authorities may not use the record of attendance 
     of any eligible provider at an education program conducted 
     under this section or the inquiry regarding claims under 
     paragraph (2)(A) to select, identify, or track such eligible 
     provider for the purpose of conducting any type of audit or 
     prepayment review.''.
       (b) Funding of Education Programs.--
       (1) Medicare integrity program.--Section 1893(b)(4) of the 
     Social Security Act (42 U.S.C. 1395ddd(b)(4)) is amended by 
     adding at the end the following new sentence: ``No less than 
     10 percent of the program funds shall be devoted to the 
     education programs for eligible providers under section 
     1897.''.
       (2) Carriers.--Section 1842(b)(3)(H) of the Social Security 
     Act (42 U.S.C. 1395u(b)(3)(H)) is amended by adding at the 
     end the following new clause:
       ``(iii) No less than 2 percent of carrier funds shall be 
     devoted to the education programs for eligible providers 
     under section 1897.''.
       (3) Fiscal intermediaries.--Section 1816(b)(1) of the 
     Social Security Act (42 U.S.C. 1395h(b)(1)) is amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a comma; and
       (C) by adding at the end the following new subparagraph:
       ``(C) that such agency or organization is using no less 
     than 1 percent of its funding for education programs for 
     eligible providers under section 1897.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 60 days after the date of enactment of this 
     Act.

     SEC. 302. ADVISORY OPINIONS.

       (a) Straight Answers.--
       (1) In general.--Fiscal intermediaries and carriers shall 
     do their utmost to provide health care providers with one, 
     straight and correct answer regarding billing and cost 
     reporting questions under the medicare program, and will, 
     when requested, give their true first and last names to 
     providers.
       (2) Written requests.--
       (A) In general.--The Secretary shall establish a process 
     under which a health care provider may request, in writing 
     from a fiscal intermediary or carrier, assistance in 
     addressing questionable coverage, billing, documentation, 
     coding and cost reporting procedures under the medicare 
     program and then the fiscal intermediary or carrier shall 
     respond in writing within 30 business days with the correct 
     billing or procedural answer.
       (B) Use of Written Statement.--
       (i) In general.--Subject to clause (ii), a written 
     statement under paragraph (1) may be used as proof against a 
     future payment audit or overpayment determination under the 
     medicare program.
       (ii) Extrapolation prohibition.--Subject to clause (iii), 
     no claim submitted under this section shall be subject to 
     extrapolation.
       (iii) Limitation on application.--Clauses (i) and (ii) 
     shall not apply to cases of fraudulent billing.
       (C) Safe harbor.--If a physician requests an advisory 
     opinion under this subsection, neither the fiscal 
     intermediary, the carrier, nor a contractor under section 
     1893 of the Social Security Act (42 U.S.C. 1395ddd) may begin 
     an investigation or target such physician based on any claim 
     cited in the request.
       (b) Extension of Existing Advisory Opinion Provisions of 
     Law.--Section 1128D(b) of the Social Security Act (42 U.S.C. 
     1320a-7d(b)) is amended--
       (1) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(C) Safe harbor.--If a party requests an advisory opinion 
     under this subsection, neither the fiscal intermediary, the 
     carrier, nor a contractor under section 1893 may begin an 
     investigation or target such party based on any claim cited 
     in the request.''; and
       (2) in paragraph (6), by striking, `` and before the date 
     which is 4 years after such date of enactment''.

               TITLE IV--SUSTAINABLE GROWTH RATE REFORMS

     SEC. 401. INCLUSION OF REGULATORY COSTS IN THE CALCULATION OF 
                   THE SUSTAINABLE GROWTH RATE.

       (a) In General.--Section 1848(f)(2) of the Social Security 
     Act (42 U.S.C. 1395w-4(f)(2)) is amended--
       (1) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively;
       (2) by striking ``Specification of growth rate.--The 
     sustainable growth rate'' and inserting ``Specification of 
     growth rate.--
       ``(A) In general.--The sustainable growth rate''; and
       (3) by adding at the end the following new subparagraphs:
       ``(B) Inclusion of sgr regulatory costs.--The Secretary 
     shall include in the estimate established under clause (iv)--
       ``(i) the costs for each physicians' service resulting from 
     any regulation implemented by the Secretary during the year 
     for which the sustainable growth rate is estimated, including 
     those regulations that may be implemented during such year; 
     and
       ``(ii) the costs described in subparagraph (C).
       ``(C) Inclusion of other regulatory costs.--The costs 
     described in this subparagraph are any per procedure costs 
     incurred by each physicians' practice in complying with each 
     regulation promulgated by the Secretary, regardless of 
     whether such regulation affects the fee schedule established 
     under subsection (b)(1).
       ``(D) Inclusion of costs in regulatory impact analyses.--
     With respect to any regulation promulgated on or after 
     January 1, 2001, that may impose a regulatory cost described 
     in subparagraph (B)(i) or (C) on a physician, the Secretary 
     shall include in the regulatory impact analysis accompanying 
     such regulation an estimate of any such cost.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to any estimate made by the 
     Secretary of Health and Human Services on or after the date 
     of enactment of this Act.

                      TITLE V--STUDIES AND REPORTS

     SEC. 501. GAO AUDIT AND REPORT ON COMPLIANCE WITH CERTAIN 
                   STATUTORY ADMINISTRATIVE PROCEDURE 
                   REQUIREMENTS.

       (a) Audit.--The Comptroller General of the United States 
     shall conduct an audit of the compliance of the Health Care 
     Financing Administration and all regulations promulgated by 
     the Department of Health and Human Resources under statutes 
     administered by the Health Care Financing Administration 
     with--
       (1) the provisions of such statutes;
       (2) subchapter II of chapter 5 of title 5, United States 
     Code (including section 553 of such title); and
       (3) chapter 6 of title 5, United States Code.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the audit conducted under

[[Page S9297]]

     subsection (a), together with such recommendations for 
     legislative and administrative action as the Comptroller 
     General determines appropriate.

     SEC. 502. GAO STUDY AND REPORT ON PROVIDER PARTICIPATION.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on provider participation in the 
     medicare program to determine whether policies or enforcement 
     efforts against health care providers have reduced access to 
     care for medicare beneficiaries. Such study shall include a 
     determination of the total cost to physician, supplier, and 
     provider practices of compliance with medicare laws and 
     regulations, the number of physician, supplier, and provider 
     audits, the actual overpayments assessed in consent 
     settlements, and the attendant projected overpayments 
     communicated to physicians, suppliers, and providers as part 
     of the consent settlement process.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study conducted under subsection 
     (a), together with such recommendations for legislative and 
     administrative action as the Comptroller General determines 
     appropriate.

     SEC. 503. GAO AUDIT OF RANDOM SAMPLE AUDITS.

       (a) Audit.--The Comptroller General of the United States 
     shall conduct an audit to determine--
       (1) the statistical validity of random sample audits 
     conducted under the medicare program before the date of the 
     enactment of this Act;
       (2) the necessity of such audits for purposes of 
     administering sections 1815(a), 1842(a), and 
     1861(v)(1)(A)(ii) of the Social Security Act (42 U.S.C. 
     1395g(a), 1395u(a), and 1395x(v)(1)(A)(ii));
       (3) the effects of the application of such audits to health 
     care providers under sections 1842(b), 1866(a)(1)(B)(ii), 
     1870, and 1893 of such Act (42 U.S.C. 1395u(a), 
     1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd); and
       (4) the percentage of claims found to be improper from 
     these audits, as well as the proportion of the extrapolated 
     overpayment amounts to the overpayment amounts found from the 
     analysis of the original sample.
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the audit conducted under subsection 
     (a), together with such recommendations for legislative and 
     administrative action as the Comptroller General determines 
     appropriate.
                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                     LOTT AMENDMENTS NOS. 4211-4217

  (Ordered to lie on the table.)
  Mr. LOTT submitted seven amendments intended to be proposed by him to 
the bill, S. 2045, supra; as follows:

                           Amendment No. 4211

       In lieu of the matter proposed, insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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.

[[Page S9298]]

     SEC. 6. 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 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) 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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

[[Page S9299]]

     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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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. 13. SEVERABILITY.

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


                           Amendment No. 4212

       At the appropriate place insert the following:

[[Page S9300]]

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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

[[Page S9301]]

     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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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

[[Page S9302]]

     which attainment of those skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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. 13. SEVERABILITY.

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


                           Amendment No. 4213

       At the appropriate place insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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.

[[Page S9303]]

     Where multiple petitions are approved for 1 alien, that alien 
     shall be counted only once.''.

     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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this 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--

[[Page S9304]]

       ``(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. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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.

[[Page S9305]]

       (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. 13. SEVERABILITY.

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


                           Amendment No. 4214

       At the appropriate place insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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

[[Page S9306]]

     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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs

[[Page S9307]]

     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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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.

[[Page S9308]]

     SEC. 13. SEVERABILITY.

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


                           Amendment No. 4215

       Strike all after the first word and insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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

[[Page S9309]]

     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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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.--

[[Page S9310]]

       ``(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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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. 13. SEVERABILITY.

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


                           Amendment No. 4216

       Strike all after the first word and insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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

[[Page S9311]]

     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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants 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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this National Science Foundation Act of 
     1950 (42 U.S.C. 1862(a)(1)).'';

[[Page S9312]]

       (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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated 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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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.

[[Page S9313]]

       (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. 13. SEVERABILITY.

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


                           Amendment No. 4217

       In lieu of the matter proposed, insert the following:

     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.

       (a) Fiscal Years 2000-2002.--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 (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens 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.
       (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. 3. 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)--
       ``(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), 
     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)(A).
       ``(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. 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 (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) would be subject to the per country limitations 
     applicable to immigrants but for this subsection,

[[Page S9314]]

     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, 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 has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (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. 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 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) 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 ``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 used 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 this 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. 11. 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. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph

[[Page S9315]]

     (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 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; 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 that are in shortage 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 H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a 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; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(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. 12. 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

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       (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. 13. SEVERABILITY.

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

                          ____________________