[106th Congress Public Law 313]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ313.106]
[[Page 114 STAT. 1251]]
Public Law 106-313
106th Congress
An Act
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens. <<NOTE: Oct. 17, 2000 - [S. 2045]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE <<NOTE: American Competitiveness in the Twenty-first Century Act
of 2000.>> I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY
SEC. 101. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This title may be cited as the ``American Competitiveness in the
Twenty-first Century Act of 2000''.
SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.
(a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) by redesignating clause (v) as clause (vii); and
(2) by striking clause (iv) and inserting the following:
``(iv) 195,000 in fiscal year 2001;
``(v) 195,000 in fiscal year 2002;
``(vi) 195,000 in fiscal year 2003; and''.
(b) Additional <<NOTE: 8 USC 1184 note.>> Visas for Fiscal Years
1999 and 2000.--
(1) In general.--(A) Notwithstanding section
214(g)(1)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be
issued visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is
increased by a number equal to the number of aliens who are
issued such a visa or provided such status during the period
beginning on the date on which the limitation in such section
214(g)(1)(A)(ii) is reached and ending on September 30, 1999.
(B) In the case of any alien on behalf of whom a petition
for status under section 101(a)(15)(H)(i)(b) is filed before
September 1, 2000, and is subsequently approved, that alien
shall be counted toward the numerical ceiling for fiscal year
2000 notwithstanding the date of the approval of the petition.
Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and
Nationality Act, the total number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased
by a number equal to the number of aliens who may be issued
visas or otherwise provided nonimmigrant status who filed
[[Page 114 STAT. 1252]]
a petition during the period beginning on the date on which the
limitation in such section 214(g)(1)(A)(iii) is reached and
ending on August 31, 2000.
(2) Effective date.--Paragraph (1) shall take effect as if
included in the enactment of section 411 of the American
Competitiveness and Workforce Improvement Act of 1998 (as
contained in title IV of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999; Public Law
105-277).
SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND
GRADUATE DEGREE RECIPIENTS; COUNTING
RULES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following new paragraphs:
``(5) The numerical limitations contained in paragraph (1)(A) shall
not apply to any nonimmigrant alien issued a visa or otherwise provided
status under section 101(a)(15)(H)(i)(b) who is employed (or has
received an offer of employment) at--
``(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), or a related or affiliated nonprofit entity; or
``(B) a nonprofit research organization or a governmental
research organization.
``(6) Any alien who ceases to be employed by an employer described
in paragraph (5)(A) shall, if employed as a nonimmigrant alien described
in section 101(a)(15)(H)(i)(b), who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be
counted toward those limitations the first time the alien is employed by
an employer other than one described in paragraph (5).
``(7) Any alien who has already been counted, within the 6 years
prior to the approval of a petition described in subsection (c), toward
the numerical limitations of paragraph (1)(A) shall not again be counted
toward those limitations unless the alien would be eligible for a full 6
years of authorized admission at the time the petition is filed. Where
multiple petitions are approved for 1 alien, that alien shall be counted
only once.''.
SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO
EMPLOYMENT-BASED IMMIGRANTS.
(a) Special Rules.--Section 202(a) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the
following new paragraph:
``(5) Rules for employment-based immigrants.--
``(A) Employment-based immigrants not subject to per
country limitation if additional visas available.--If
the total number of visas available under paragraph (1),
(2), (3), (4), or (5) of section 203(b) for a calendar
quarter exceeds the number of qualified immigrants who
may otherwise be issued such visas, the visas made
available under that paragraph shall be issued without
regard to the numerical limitation under paragraph (2)
of this subsection during the remainder of the calendar
quarter.
``(B) Limiting fall across for certain countries
subject to subsection (e).--In the case of a foreign
state or dependent area to which subsection (e) applies,
if the total number of visas issued under section 203(b)
exceeds
[[Page 114 STAT. 1253]]
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 <<NOTE: 8 USC 1184 note.>> Protection Under Per Country
Ceiling.--Notwithstanding section 214(g)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
(1) is the beneficiary of a petition filed under section
204(a) of that Act for a preference status under paragraph (1),
(2), or (3) of section 203(b) of that Act; and
(2) is eligible to be granted that status but for
application of the per country limitations applicable to
immigrants under those paragraphs,
may apply for, and the Attorney General may grant, an extension of such
nonimmigrant status until the alien's application for adjustment of
status has been processed and a decision made thereon.
SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the following new
subsection:
``(m)(1) A nonimmigrant alien described in paragraph (2) who was
previously issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon
the filing by the prospective employer of a new petition on behalf of
such nonimmigrant as provided under subsection (a). Employment
authorization shall continue for such alien until the new petition is
adjudicated. If the new petition is denied, such authorization shall
cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of the
period of stay authorized by the Attorney General; and
``(C) who, subsequent to such lawful admission, has not been
employed without authorization in the United States before the
filing of such petition.''.
(b) Effective <<NOTE: 8 USC 1184 note.>> Date.--The amendment made
by subsection (a) shall apply to petitions filed before, on, or after
the date of enactment of this Act.
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(a) Exemption <<NOTE: 8 USC 1184 note.>> 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
[[Page 114 STAT. 1254]]
visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section
204(b) of that Act to accord the alien immigrant status under section
203(b) of that Act, or an application for adjustment of status under
section 245 of that Act to accord the alien status under such section
203(b), has been filed, if 365 days or more have elapsed since--
(1) the filing of a labor certification application on the
alien's behalf (if such certification is required for the alien
to obtain status under such section 203(b)); or
(2) the filing of the petition under such section 204(b).
(b) Extension of H-1B Worker Status.--The Attorney General shall
extend the stay of an alien who qualifies for an exemption under
subsection (a) in one-year increments until such time as a final
decision is made on the alien's lawful permanent residence.
(c) Increased Job Flexibility for Long Delayed Applicants for
Adjustment of Status.--(1) Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following new subsection:
``(j) Job Flexibility for Long Delayed Applicants for Adjustment of
Status to Permanent Residence.--A petition under subsection (a)(1)(D)
for an individual whose application for adjustment of status pursuant to
section 245 has been filed and remained unadjudicated for 180 days or
more shall remain valid with respect to a new job if the individual
changes jobs or employers if the new job is in the same or a similar
occupational classification as the job for which the petition was
filed.''.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new
clause:
``(iv) Long delayed adjustment applicants.--A
certification made under clause (i) with respect
to an individual whose petition is covered by
section 204(j) shall remain valid with respect to
a new job accepted by the individual after the
individual changes jobs or employers if the new
job is in the same or a similar occupational
classification as the job for which the
certification was issued.''.
(d) Recapture <<NOTE: 8 USC 1153 note.>> of Unused Employment-Based
Immigrant Visas.--
(1) In general.--Notwithstanding any other provision of law,
the number of employment-based visas (as defined in paragraph
(3)) made available for a fiscal year (beginning with fiscal
year 2001) shall be increased by the number described in
paragraph (2). Visas made available under this subsection shall
only be available in a fiscal year to employment-based
immigrants under paragraph (1), (2), or (3) of section 203(b) of
the Immigration and Nationality Act.
(2) Number available.--
(A) In general.--Subject to subparagraph (B), the
number described in this paragraph is the difference
between the number of employment-based visas that were
made available in fiscal years 1999 and 2000 and the
number of such visas that were actually used in such
fiscal years.
(B) Reduction.--The number described in subparagraph
(A) shall be reduced, for each fiscal year after fiscal
[[Page 114 STAT. 1255]]
year 2001, by the cumulative number of immigrant visas
actually used under paragraph (1) for previous fiscal
years.
(C) Construction.--Nothing in this paragraph shall
be construed as affecting the application of section
201(c)(3)(C) of the Immigration and Nationality Act (8
U.S.C. 1151(c)(3)(C)).
(3) Employment-based visas defined.--For purposes of this
subsection, the term ``employment-based visa'' means an
immigrant visa which is issued pursuant to the numerical
limitation under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)).
SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES
THROUGH FISCAL YEAR 2002.
(a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ``October 1, 2001'' and inserting ``October 1, 2003''.
(b) Department <<NOTE: 8 USC 1182 note.>> of Labor Investigative
Authorities.--Section 413(e)(2) of the American Competitiveness and
Workforce Improvement Act of 1998 (as contained in title IV of division
C of Public Law 105-277) is amended by striking ``September 30, 2001''
and inserting ``September 30, 2003''.
SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.
Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C.
1184 (g)(3)) is amended to read as follows:
``(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant
status) in the order in which petitions are filed for such visas or
status. If an alien who was issued a visa or otherwise provided
nonimmigrant status and counted against the numerical limitations of
paragraph (1) is found to have been issued such visa or otherwise
provided such status by fraud or willfully misrepresenting a material
fact and such visa or nonimmigrant status is revoked, then one number
shall be restored to the total number of aliens who may be issued visas
or otherwise provided such status under the numerical limitations of
paragraph (1) in the fiscal year in which the petition is revoked,
regardless of the fiscal year in which the petition was approved.''.
SEC. 109. <<NOTE: 42 USC 1862 note.>> 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 <<NOTE: Deadline.>> later than 18 months after the
date of enactment of this Act, the Director of the National Science
Foundation shall submit a report to Congress setting forth the findings
of the study conducted under subsection (a).
SEC. 110. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT
PROVISIONS.
(a) Allocation of Funds.--Section 286(s) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)) is amended--
(1) in paragraph (2), by striking ``56.3 percent'' and
inserting ``55 percent'';
(2) in paragraph (3), by striking ``28.2 percent'' and
inserting ``23.5 percent'';
[[Page 114 STAT. 1256]]
(3) by amending paragraph (4) to read as follows:
``(4) National science foundation competitive grant program
for k-12 math, science and technology education.--
``(A) In general.--15 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account
shall remain available to the Director of the National
Science Foundation until expended to carry out a direct
or matching grant program to support private-public
partnerships in K-12 education.
``(B) Types of programs covered.--The Director shall
award grants to such programs, including those which
support the development and implementation of standards-
based instructional materials models and related student
assessments that enable K-12 students to acquire an
understanding of science, mathematics, and technology,
as well as to develop critical thinking skills; provide
systemic improvement in training K-12 teachers and
education for students in science, mathematics, and
technology; support the professional development of K-12
math and science teachers in the use of technology in
the classroom; stimulate system-wide K-12 reform of
science, mathematics, and technology in rural,
economically disadvantaged regions of the United States;
provide externships and other opportunities for students
to increase their appreciation and understanding of
science, mathematics, engineering, and technology
(including summer institutes sponsored by an institution
of higher education for students in grades 7-12 that
provide instruction in such fields); involve
partnerships of industry, educational institutions, and
community organizations to address the educational needs
of disadvantaged communities; provide college
preparatory support to expose and prepare students for
careers in science, mathematics, engineering, and
technology; and provide for carrying out systemic reform
activities under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).'';
(4) in paragraph (6), by striking ``6 percent'' and
inserting ``5 percent''; and
(5) in paragraph (6), by striking ``3 percent'' each place
it appears and inserting ``2.5 percent''.
(b) Low-Income <<NOTE: 42 USC 1869c.>> 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 <<NOTE: 8 USC 1356 note.>> 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) <<NOTE: Deadline.>> 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--
[[Page 114 STAT. 1257]]
``(A) the tracking system to monitor the performance
of programs receiving H-1B grant funding; and
``(B) the number of individuals who have completed
training and have entered the high-skill workforce
through these programs.''.
SEC. 111. <<NOTE: 29 USC 2916 note.>> DEMONSTRATION PROGRAMS AND
PROJECTS TO PROVIDE TECHNICAL SKILLS
TRAINING FOR WORKERS.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (as contained in title IV of division C of
Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows:
``(c) Demonstration Programs and Projects to Provide Technical
Skills Training for Workers.--
``(1) In general.--
``(A) Funding.--The Secretary of Labor shall use
funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to
establish demonstration programs or projects to provide
technical skills training for workers, including both
employed and unemployed workers.
``(B) Training provided.--Training funded by a
program or project described in subparagraph (A) shall
be for persons who are currently employed and who wish
to obtain and upgrade skills as well as for persons who
are unemployed. Such training is not limited to skill
levels commensurate with a four-year undergraduate
degree, but should include the preparation of workers
for a broad range of positions along a career ladder.
Consideration shall be given to the use of grant funds
to demonstrate a significant ability to expand a
training program or project through such means as
training more workers or offering more courses, and
training programs or projects resulting from
collaborations, especially with more than one small
business or with a labor-management training program or
project. The need for the training shall be justified
through reliable regional, State, or local data.
``(2) Grants.--
``(A) Eligibility.--To carry out the programs and
projects described in paragraph (1)(A), the Secretary of
Labor shall, in consultation with the Secretary of
Commerce, subject to the availability of funds in the H-
1B Nonimmigrant Petitioner Account, award--
``(i) 75 percent of the grants to a local
workforce investment board established under
section 116(b) or section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832) or
consortia of such boards in a region. Each
workforce investment board or consortia of boards
receiving grant funds shall represent a local or
regional public-private partnership consisting of
at least--
``(I) one workforce investment
board;
``(II) one community-based
organization or higher education
institution or labor union; and
``(III) one business or business-
related nonprofit organization such as a
trade association: Provided, That the
activities of such local or regional
public-private partnership described in
[[Page 114 STAT. 1258]]
this subsection shall be conducted in
coordination with the activities of the
relevant local workforce investment
board or boards established under the
Workforce Investment Act of 1998 (29
U.S.C. 2832); and
``(ii) 25 percent of the grants under the
Secretary of Labor's authority to award grants for
demonstration projects or programs under section
171 of the Workforce Investment Act (29 U.S.C.
2916) to partnerships that shall consist of at
least 2 businesses or a business-related nonprofit
organization that represents more than one
business, and that may include any educational,
labor, community organization, or workforce
investment board, except that such grant funds may
be used only to carry out a strategy that would
otherwise not be eligible for funds provided under
clause (i), due to barriers in meeting those
partnership eligibility criteria, on a national,
multistate, regional, or rural area (such as rural
telework programs) basis.
``(B) Designation of responsible fiscal agents.--
Each partnership formed under subparagraph (A) shall
designate a responsible fiscal agent to receive and
disburse grant funds under this subsection.
``(C) Partnership considerations.--Consideration in
the awarding of grants shall be given to any partnership
that involves and directly benefits more than one small
business (each consisting of 100 employees or less).
``(D) Allocation of grants.--In making grants under
this paragraph, the Secretary shall make every effort to
fairly distribute grants across rural and urban areas,
and across the different geographic regions of the
United States. The total amount of grants awarded to
carry out programs and projects described in paragraph
(1)(A) shall be allocated as follows:
``(i) At least 80 percent of the grants shall
be awarded to programs and projects that train
employed and unemployed workers in skills in high
technology, information technology, and
biotechnology, including skills needed for
software and communications services,
telecommunications, systems installation and
integration, computers and communications
hardware, advanced manufacturing, health care
technology, biotechnology and biomedical research
and manufacturing, and innovation services.
``(ii) No more than 20 percent of the grants
shall be available to programs and projects that
train employed and unemployed workers for skills
related to any single specialty occupation, as
defined in section 214(i) of the Immigration and
Nationality Act.
``(3) Start-up funds.--
``(A) In general.--Except as provided in
subparagraph (B), not more than 5 percent of any single
grant, or not to exceed $75,000, whichever is less, may
be used toward the start-up costs of partnerships or new
training programs and projects.
[[Page 114 STAT. 1259]]
``(B) Exception.--In the case of partnerships
consisting primarily of small businesses, not more than
10 percent of any single grant, or $150,000, whichever
is less, may be used toward the start-up costs of
partnerships or new training programs and projects.
``(C) Duration of start-up period.--For purposes of
this subsection, a start-up period consists of a period
of not more than 2 months after the grant period begins,
at which time training shall immediately begin and no
further Federal funds may be used for start-up purposes.
``(4) Training outcomes.--
``(A) Consideration for certain programs and
projects.--Consideration in the awarding of grants shall
be given to applicants that provide a specific,
measurable commitment upon successful completion of a
training course, to--
``(i) hire or effectuate the hiring of
unemployed trainees (where applicable);
``(ii) increase the wages or salary of
incumbent workers (where applicable); and
``(iii) provide skill certifications to
trainees or link the training to industry-accepted
occupational skill standards, certificates, or
licensing requirements.
``(B) Requirements for grant applications.--
Applications for grants shall--
``(i) articulate the level of skills that
workers will be trained for and the manner by
which attainment of those skills will be measured;
``(ii) include an agreement that the program
or project shall be subject to evaluation by the
Secretary of Labor to measure its effectiveness;
and
``(iii) in the case of an application for a
grant under subsection (c)(2)(A)(ii), explain what
barriers prevent the strategy from being
implemented through a grant made under subsection
(c)(2)(A)(i).
``(5) Matching funds.--Each application for a grant to carry
out a program or project described in paragraph (1)(A) shall
state the manner by which the partnership will provide non-
Federal matching resources (cash, or in-kind contributions, or
both) equal to at least 50 percent of the total grant amount
awarded under paragraph (2)(A)(i), and at least 100 percent of
the total grant amount awarded under paragraph (2)(A)(ii). At
least one-half of the non-Federal matching funds shall be from
the business or businesses or business-related nonprofit
organizations involved. Consideration in the award of grants
shall be given to applicants that provide a specific commitment
or commitments of resources from other public or private
sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the
grant expires.
``(6) Administrative costs.--An entity that receives a grant
to carry out a program or project described in paragraph (1)(A)
may not use more than 10 percent of the amount of the grant to
pay for administrative costs associated with the program or
project.''.
[[Page 114 STAT. 1260]]
SEC. 112. <<NOTE: Kids 2000 Act. 42 USC 13751 note.>> 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
[[Page 114 STAT. 1261]]
personnel, procurement of goods and services, including computer
equipment, or such other purposes as are approved by the
Attorney General.
(d) Applications.--
(1) Eligibility.--In order to be eligible to receive a grant
under this section, an applicant for a subaward (specified in
subsection (c)(2)) shall submit an application to the Boys and
Girls Clubs of America, in such form and containing such
information as the Attorney General may reasonably require.
(2) Application requirements.--Each application submitted in
accordance with paragraph (1) shall include--
(A) a request for a subgrant to be used for the
purposes of this section;
(B) a description of the communities to be served by
the grant, including the nature of juvenile crime,
violence, and drug use in the communities;
(C) written assurances that Federal funds received
under this section will be used to supplement and not
supplant, non-Federal funds that would otherwise be
available for activities funded under this section;
(D) written assurances that all activities funded
under this section will be supervised by qualified
adults;
(E) a plan for assuring that program activities will
take place in a secure environment that is free of crime
and drugs;
(F) a plan outlining the utilization of content-
based programs such as PowerUp, and the provision of
trained adult personnel to supervise the after-school
technology training; and
(G) any additional statistical or financial
information that the Boys and Girls Clubs of America may
reasonably require.
(e) Grant Awards.--In awarding subgrants under this section, the
Boys and Girls Clubs of America shall consider--
(1) the ability of the applicant to provide the intended
services;
(2) the history and establishment of the applicant in
providing youth activities; and
(3) the extent to which services will be provided in crime-
prone areas and technologically underserved populations, and
efforts to achieve an equitable geographic distribution of the
grant awards.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for each of the fiscal years 2001 through 2006 to
carry out this section.
(2) Source of funds.--Funds to carry out this section may be
derived from the Violent Crime Reduction Trust Fund.
(3) Continued availability.--Amounts made available under
this subsection shall remain available until expended.
SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.
(a) Section 286(s)(5) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(5)) is amended to read as follows: ``4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Attorney General until expended to carry out
duties under paragraphs (1) and (9) of section
[[Page 114 STAT. 1262]]
214(c) related to petitions made for nonimmigrants described in section
101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 204
related to petitions for immigrants described in section 203(b).''.
(b) <<NOTE: 8 USC 1356.>> Notwithstanding any other provision of
this Act, the figure to be inserted in section 110(a)(2) is deemed to be
``22 percent''; the figure to be inserted in section 110(a)(4) is deemed
to be ``4 percent''; and the figure to be inserted in section 110(a)(5)
is deemed to be ``2 percent''.
SEC. 114. <<NOTE: 8 USC 1184 note.>> EXCLUSION OF CERTAIN ``J''
NONIMMIGRANTS FROM
NUMERICAL LIMITATIONS APPLICABLE TO ``H-
1B'' NONIMMMIGRANTS.
The numerical limitations contained in section 102 of this title
shall not apply to any nonimmigrant alien granted a waiver that is
subject to the limitation contained in paragraph (1)(B) of the first
section 214(l) of the Immigration and Nationality Act (relating to
restrictions on waivers).
SEC. 115. <<NOTE: 29 USC 2701 note.>> 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 <<NOTE: Deadline.>> later than 18 months after the
date of enactment of this Act, the Secretary of Commerce shall submit a
report to Congress setting forth the findings of the study conducted
under subsection (a).
SEC. 116. <<NOTE: 8 USC 1101 note.>> SEVERABILITY.
If any provision of this title (or any amendment made by this title)
or the application thereof to any person or circumstance is held
invalid, the remainder of the title (and the amendments made by this
title) and the application of such provision to any other person or
circumstance shall not be affected thereby. This section be enacted 2
days after effective date.
TITLE <<NOTE: Immigration Services and Infrastructure Improvements Act
of 2000.>> II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS
SEC. 201. <<NOTE: 8 USC 1551 note.>> SHORT TITLE.
This title may be cited as the ``Immigration Services and
Infrastructure Improvements Act of 2000''.
SEC. 202. <<NOTE: 8 USC 1571.>> PURPOSES.
(a) Purposes.--The purposes of this title are to--
(1) provide the Immigration and Naturalization Service with
the mechanisms it needs to eliminate the current backlog in the
processing of immigration benefit applications within 1 year
after enactment of this Act and to maintain the elimination of
the backlog in future years; and
(2) provide for regular congressional oversight of the
performance of the Immigration and Naturalization Service in
eliminating the backlog and processing delays in immigration
benefits adjudications.
(b) Policy.--It <<NOTE: Applicability. Deadline.>> is the sense of
Congress that the processing of an immigration benefit application
should be completed not later than 180 days after the initial filing of
the application, except that a petition for a nonimmigrant visa under
section 214(c) of
[[Page 114 STAT. 1263]]
the Immigration and Nationality Act should be processed not later than
30 days after the filing of the petition.
SEC. 203. <<NOTE: 8 USC 1572.>> DEFINITIONS.
In this title:
(1) Backlog.--The term ``backlog'' means, with respect to an
immigration benefit application, the period of time in excess of
180 days that such application has been pending before the
Immigration and Naturalization Service.
(2) Immigration benefit application.--The term ``immigration
benefit application'' means any application or petition to
confer, certify, change, adjust, or extend any status granted
under the Immigration and Nationality Act.
SEC. 204. <<NOTE: 8 USC 1573.>> IMMIGRATION SERVICES AND
INFRASTRUCTURE IMPROVEMENT ACCOUNT.
(a) Authority of the Attorney General.--The Attorney General shall
take such measures as may be necessary to--
(1) <<NOTE: Deadline.>> reduce the backlog in the processing
of immigration benefit applications, with the objective of the
total elimination of the backlog not later than one year after
the date of enactment of this Act;
(2) make such other improvements in the processing of
immigration benefit applications as may be necessary to ensure
that a backlog does not develop after such date; and
(3) make such improvements in infrastructure as may be
necessary to effectively provide immigration services.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of Justice from time to time such sums as may be
necessary for the Attorney General to carry out subsection (a).
(2) Designation of account in treasury.--Amounts
appropriated pursuant to paragraph (1) may be referred to as the
``Immigration Services and Infrastructure Improvements
Account''.
(3) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
(4) Limitation on expenditures.--None of the funds
appropriated pursuant to paragraph (1) may be expended until the
report described in section 205(a) has been submitted to
Congress.
SEC. 205. <<NOTE: 8 USC 1574.>> REPORTS TO CONGRESS.
(a) Backlog Elimination Plan.--
(1) Report <<NOTE: Deadline.>> required.--Not later than 90
days after the date of enactment of this Act, the Attorney
General shall submit a report to the Committees on the Judiciary
and Appropriations of the Senate and the House of
Representatives concerning--
(A) the backlogs in immigration benefit applications
in existence as of the date of enactment of this title;
and
(B) the Attorney General's plan for eliminating such
backlogs.
(2) Report elements.--The report shall include--
(A) an assessment of the data systems used in
adjudicating and reporting on the status of immigration
benefit applications, including--
[[Page 114 STAT. 1264]]
(i) a description of the adequacy of existing
computer hardware, computer software, and other
mechanisms to comply with the adjudications and
reporting requirements of this title; and
(ii) a plan for implementing improvements to
existing data systems to accomplish the purpose of
this title, as described in section 202(a);
(B) a description of the quality controls to be put
into force to ensure timely, fair, accurate, and
complete processing and adjudication of such
applications;
(C) the elements specified in subsection (b)(2);
(D) an estimate of the amount of appropriated funds
that would be necessary in order to eliminate the
backlogs in each category of immigration benefit
applications described in subsection (b)(2); and
(E) a detailed plan on how the Attorney General will
use any funds in the Immigration Services and
Infrastructure Improvements Account to comply with the
purposes of this title.
(b) Annual Reports.--
(1) In <<NOTE: Deadline.>> general.--Beginning 90 days after
the end of the first fiscal year for which any appropriation
authorized by section 204(b) is made, and 90 days after the end
of each fiscal year thereafter, the Attorney General shall
submit a report to the Committees on the Judiciary and
Appropriations of the Senate and the House of Representatives
concerning the status of--
(A) the Immigration Services and Infrastructure
Improvements Account including any unobligated balances
of appropriations in the Account; and
(B) the Attorney General's efforts to eliminate
backlogs in any immigration benefit application
described in paragraph (2).
(2) Report elements.--The report shall include--
(A) State-by-State data on--
(i) the number of naturalization cases
adjudicated in each quarter of each fiscal year;
(ii) the average processing time for
naturalization applications;
(iii) the number of naturalization
applications pending for up to 6 months, 12
months, 18 months, 24 months, 36 months, and 48
months or more;
(iv) estimated processing times adjudicating
newly submitted naturalization applications;
(v) an analysis of the appropriate processing
times for naturalization applications; and
(vi) the additional resources and process
changes needed to eliminate the backlog for
naturalization adjudications;
(B) the status of applications or, where applicable,
petitions described in subparagraph (C), by Immigration
and Naturalization Service district, including--
(i) the number of cases adjudicated in each
quarter of each fiscal year;
(ii) the average processing time for such
applications or petitions;
[[Page 114 STAT. 1265]]
(iii) the number of applications or petitions
pending for up to 6 months, 12 months, 18 months,
24 months, 36 months, and 48 months or more;
(iv) the estimated processing times
adjudicating newly submitted applications or
petitions;
(v) an analysis of the appropriate processing
times for applications or petitions; and
(vi) a description of the additional resources
and process changes needed to eliminate the
backlog for such processing and adjudications; and
(C) a status report on--
(i) applications for adjustments of status to
that of an alien lawfully admitted for permanent
residence;
(ii) petitions for nonimmigrant visas under
section 214 of the Immigration and Nationality
Act;
(iii) petitions filed under section 204 of
such Act to classify aliens as immediate relatives
or preference immigrants under section 203 of such
Act;
(iv) applications for asylum under section 208
of such Act;
(v) registrations for Temporary Protected
Status under section 244 of such Act; and
(vi) a description of the additional resources
and process changes needed to eliminate the
backlog for such processing and adjudications.
(3) Absence <<NOTE: Reports. Deadline.>> of appropriated
funds.--In the event that no funds are appropriated subject to
section 204(b) in the fiscal year in which this Act is enacted,
the Attorney General shall submit a report to Congress not later
than 90 days after the end of such fiscal year, and each fiscal
year thereafter, containing the elements described in paragraph
(2).
Approved October 17, 2000.
LEGISLATIVE HISTORY--S. 2045:
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SENATE REPORTS: No. 106-260 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 22, 26-28, Oct.3, considered and passed Senate.
Oct. 3, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 17, Presidential statement.
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