[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Enrolled Bill (ENR)]
S.2045
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

(a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) by redesignating clause (v) as clause (vii); and
(2) by striking clause (iv) and inserting the following:
``(iv) 195,000 in fiscal year 2001;
``(v) 195,000 in fiscal year 2002;
``(vi) 195,000 in fiscal year 2003; and''.
(b) Additional Visas for Fiscal Years 1999 and 2000.--
(1) In general.--(A) Notwithstanding section 214(g)(1)(A)(ii)
of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(A)(ii)), the total number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by
a number equal to the number of aliens who are issued such a visa
or provided such status during the period beginning on the date on
which the limitation in such section 214(g)(1)(A)(ii) is reached
and ending on September 30, 1999.
(B) In the case of any alien on behalf of whom a petition for
status under section 101(a)(15)(H)(i)(b) is filed before September
1, 2000, and is subsequently approved, that alien shall be counted
toward the numerical ceiling for fiscal year 2000 notwithstanding
the date of the approval of the petition. Notwithstanding section
214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total
number of aliens who may be issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act
in fiscal year 2000 is increased by a number equal to the number of
aliens who may be issued visas or otherwise provided nonimmigrant
status who filed a petition during the period beginning on the date
on which the limitation in such section 214(g)(1)(A)(iii) is
reached and ending on August 31, 2000.
(2) Effective date.--Paragraph (1) shall take effect as if
included in the enactment of section 411 of the American
Competitiveness and Workforce Improvement Act of 1998 (as contained
in title IV of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277).

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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.''.

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EMPLOYMENT-BASED IMMIGRANTS.
(a) Special Rules.--Section 202(a) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the
following new paragraph:
``(5) Rules for employment-based immigrants.--
``(A) Employment-based immigrants not subject to per
country limitation if additional visas available.--If the total
number of visas available under paragraph (1), (2), (3), (4),
or (5) of section 203(b) for a calendar quarter exceeds the
number of qualified immigrants who may otherwise be issued such
visas, the visas made available under that paragraph shall be
issued without regard to the numerical limitation under
paragraph (2) of this subsection during the remainder of the
calendar quarter.
``(B) Limiting fall across for certain countries subject to
subsection (e).--In the case of a foreign state or dependent
area to which subsection (e) applies, if the total number of
visas issued under section 203(b) exceeds the maximum number of
visas that may be made available to immigrants of the state or
area under section 203(b) consistent with subsection (e)
(determined without regard to this paragraph), in applying
subsection (e) all visas shall be deemed to have been required
for the classes of aliens specified in section 203(b).''.
(b) Conforming Amendments.--
(1) Section 202(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
(2) Section 202(e)(3) of the Immigration and Nationality Act (8
U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the
visa numbers'' and inserting ``except as provided in subsection
(a)(5), the proportion of the visa numbers''.
(c) One-Time Protection Under Per Country Ceiling.--Notwithstanding
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)), any alien who--
(1) is the beneficiary of a petition filed under section 204(a)
of that Act for a preference status under paragraph (1), (2), or
(3) of section 203(b) of that Act; and
(2) is eligible to be granted that status but for application
of the per country limitations applicable to immigrants under those
paragraphs,
may apply for, and the Attorney General may grant, an extension of such
nonimmigrant status until the alien's application for adjustment of
status has been processed and a decision made thereon.

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(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the following new
subsection:
``(m)(1) A nonimmigrant alien described in paragraph (2) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) is authorized to accept new
employment upon the filing by the prospective employer of a new
petition on behalf of such nonimmigrant as provided under subsection
(a). Employment authorization shall continue for such alien until the
new petition is adjudicated. If the new petition is denied, such
authorization shall cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of the
period of stay authorized by the Attorney General; and
``(C) who, subsequent to such lawful admission, has not been
employed without authorization in the United States before the
filing of such petition.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed before, on, or after the date of enactment of
this Act.

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(a) Exemption From Limitation.--The limitation contained in section
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4))
with respect to the duration of authorized stay shall not apply to any
nonimmigrant alien previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on
whose behalf a petition under section 204(b) of that Act to accord the
alien immigrant status under section 203(b) of that Act, or an
application for adjustment of status under section 245 of that Act to
accord the alien status under such section 203(b), has been filed, if
365 days or more have elapsed since--
(1) the filing of a labor certification application on the
alien's behalf (if such certification is required for the alien to
obtain status under such section 203(b)); or
(2) the filing of the petition under such section 204(b).
(b) Extension of H-1B Worker Status.--The Attorney General shall
extend the stay of an alien who qualifies for an exemption under
subsection (a) in one-year increments until such time as a final
decision is made on the alien's lawful permanent residence.
(c) Increased Job Flexibility for Long Delayed Applicants for
Adjustment of Status.--(1) Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following new subsection:
``(j) Job Flexibility for Long Delayed Applicants for Adjustment of
Status to Permanent Residence.--A petition under subsection (a)(1)(D)
for an individual whose application for adjustment of status pursuant
to section 245 has been filed and remained unadjudicated for 180 days
or more shall remain valid with respect to a new job if the individual
changes jobs or employers if the new job is in the same or a similar
occupational classification as the job for which the petition was
filed.''.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new
clause:
``(iv) Long delayed adjustment applicants.--A
certification made under clause (i) with respect to an
individual whose petition is covered by section 204(j)
shall remain valid with respect to a new job accepted by
the individual after the individual changes jobs or
employers if the new job is in the same or a similar
occupational classification as the job for which the
certification was issued.''.
(d) Recapture of Unused Employment-Based Immigrant Visas.--
(1) In general.--Notwithstanding any other provision of law,
the number of employment-based visas (as defined in paragraph (3))
made available for a fiscal year (beginning with fiscal year 2001)
shall be increased by the number described in paragraph (2). Visas
made available under this subsection shall only be available in a
fiscal year to employment-based immigrants under paragraph (1),
(2), or (3) of section 203(b) of the Immigration and Nationality
Act.
(2) Number available.--
(A) In general.--Subject to subparagraph (B), the number
described in this paragraph is the difference between the
number of employment-based visas that were made available in
fiscal years 1999 and 2000 and the number of such visas that
were actually used in such fiscal years.
(B) Reduction.--The number described in subparagraph (A)
shall be reduced, for each fiscal year after fiscal year 2001,
by the cumulative number of immigrant visas actually used under
paragraph (1) for previous fiscal years.
(C) Construction.--Nothing in this paragraph shall be
construed as affecting the application of section 201(c)(3)(C)
of the Immigration and Nationality Act (8 U.S.C.
1151(c)(3)(C)).
(3) Employment-based visas defined.--For purposes of this
subsection, the term ``employment-based visa'' means an immigrant
visa which is issued pursuant to the numerical limitation under
section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)).

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FISCAL YEAR 2002.
(a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ``October 1, 2001'' and inserting ``October 1, 2003''.
(b) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (as contained in title IV of division C of Public Law 105-277)
is amended by striking ``September 30, 2001'' and inserting ``September
30, 2003''.

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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.''.

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(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).

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PROVISIONS.
(a) Allocation of Funds.--Section 286(s) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)) is amended--
(1) in paragraph (2), by striking ``56.3 percent'' and
inserting ``55 percent'';
(2) in paragraph (3), by striking ``28.2 percent'' and
inserting ``23.5 percent'';
(3) by amending paragraph (4) to read as follows:
``(4) National science foundation competitive grant program for
k-12 math, science and technology education.--
``(A) In general.--15 percent of the amounts deposited into
the H-1B Nonimmigrant Petitioner Account shall remain available
to the Director of the National Science Foundation until
expended to carry out a direct or matching grant program to
support private-public partnerships in K-12 education.
``(B) Types of programs covered.--The Director shall award
grants to such programs, including those which support the
development and implementation of standards-based instructional
materials models and related student assessments that enable K-
12 students to acquire an understanding of science,
mathematics, and technology, as well as to develop critical
thinking skills; provide systemic improvement in training K-12
teachers and education for students in science, mathematics,
and technology; support the professional development of K-12
math and science teachers in the use of technology in the
classroom; stimulate system-wide K-12 reform of science,
mathematics, and technology in rural, economically
disadvantaged regions of the United States; provide externships
and other opportunities for students to increase their
appreciation and understanding of science, mathematics,
engineering, and technology (including summer institutes
sponsored by an institution of higher education for students in
grades 7-12 that provide instruction in such fields); involve
partnerships of industry, educational institutions, and
community organizations to address the educational needs of
disadvantaged communities; provide college preparatory support
to expose and prepare students for careers in science,
mathematics, engineering, and technology; and provide for
carrying out systemic reform activities under section 3(a)(1)
of the National Science Foundation Act of 1950 (42 U.S.C.
1862(a)(1)).'';
(4) in paragraph (6), by striking ``6 percent'' and inserting
``5 percent''; and
(5) in paragraph (6), by striking ``3 percent'' each place it
appears and inserting ``2.5 percent''.
(b) Low-Income Scholarship Program.--Section 414(d)(3) of the
American Competitiveness and Workforce Improvement Act of 1998 (as
contained in title IV of division C of Public Law 105-277) is amended
by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The
Director may renew scholarships for up to 4 years.''.
(c) Reporting Requirement.--Section 414 of the American
Competitiveness and Workforce Improvement Act of 1998 (as contained in
title IV of division C of Public Law 105-277) is amended by adding at
the end the following new subsection:
``(e) Reporting Requirement.--The Secretary of Labor and the
Director of the National Science Foundation shall--
``(1) track and monitor the performance of programs receiving
H-1B Nonimmigrant Fee grant money; and
``(2) not later than one year after the date of enactment of
this subsection, submit a report to the Committees on the Judiciary
of the House of Representatives and the Senate--
``(A) the tracking system to monitor the performance of
programs receiving H-1B grant funding; and
``(B) the number of individuals who have completed training
and have entered the high-skill workforce through these
programs.''.

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SKILLS TRAINING FOR WORKERS.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (as contained in title IV of division C of
Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows:
``(c) Demonstration Programs and Projects to Provide Technical
Skills Training for Workers.--
``(1) In general.--
``(A) Funding.--The Secretary of Labor shall use funds
available under section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) to establish
demonstration programs or projects to provide technical skills
training for workers, including both employed and unemployed
workers.
``(B) Training provided.--Training funded by a program or
project described in subparagraph (A) shall be for persons who
are currently employed and who wish to obtain and upgrade
skills as well as for persons who are unemployed. Such training
is not limited to skill levels commensurate with a four-year
undergraduate degree, but should include the preparation of
workers for a broad range of positions along a career ladder.
Consideration shall be given to the use of grant funds to
demonstrate a significant ability to expand a training program
or project through such means as training more workers or
offering more courses, and training programs or projects
resulting from collaborations, especially with more than one
small business or with a labor-management training program or
project. The need for the training shall be justified through
reliable regional, State, or local data.
``(2) Grants.--
``(A) Eligibility.--To carry out the programs and projects
described in paragraph (1)(A), the Secretary of Labor shall, in
consultation with the Secretary of Commerce, subject to the
availability of funds in the H-1B Nonimmigrant Petitioner
Account, award--
``(i) 75 percent of the grants to a local workforce
investment board established under section 116(b) or
section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832) or consortia of such boards in a region. Each
workforce investment board or consortia of boards receiving
grant funds shall represent a local or regional public-
private partnership consisting of at least--
``(I) one workforce investment board;
``(II) one community-based organization or higher
education institution or labor union; and
``(III) one business or business-related nonprofit
organization such as a trade association: Provided,
That the activities of such local or regional public-
private partnership described in this subsection shall
be conducted in coordination with the activities of the
relevant local workforce investment board or boards
established under the Workforce Investment Act of 1998
(29 U.S.C. 2832); and
``(ii) 25 percent of the grants under the Secretary of
Labor's authority to award grants for demonstration
projects or programs under section 171 of the Workforce
Investment Act (29 U.S.C. 2916) to partnerships that shall
consist of at least 2 businesses or a business-related
nonprofit organization that represents more than one
business, and that may include any educational, labor,
community organization, or workforce investment board,
except that such grant funds may be used only to carry out
a strategy that would otherwise not be eligible for funds
provided under clause (i), due to barriers in meeting those
partnership eligibility criteria, on a national,
multistate, regional, or rural area (such as rural telework
programs) basis.
``(B) Designation of responsible fiscal agents.--Each
partnership formed under subparagraph (A) shall designate a
responsible fiscal agent to receive and disburse grant funds
under this subsection.
``(C) Partnership considerations.--Consideration in the
awarding of grants shall be given to any partnership that
involves and directly benefits more than one small business
(each consisting of 100 employees or less).
``(D) Allocation of grants.--In making grants under this
paragraph, the Secretary shall make every effort to fairly
distribute grants across rural and urban areas, and across the
different geographic regions of the United States. The total
amount of grants awarded to carry out programs and projects
described in paragraph (1)(A) shall be allocated as follows:
``(i) At least 80 percent of the grants shall be
awarded to programs and projects that train employed and
unemployed workers in skills in high technology,
information technology, and biotechnology, including skills
needed for software and communications services,
telecommunications, systems installation and integration,
computers and communications hardware, advanced
manufacturing, health care technology, biotechnology and
biomedical research and manufacturing, and innovation
services.
``(ii) No more than 20 percent of the grants shall be
available to programs and projects that train employed and
unemployed workers for skills related to any single
specialty occupation, as defined in section 214(i) of the
Immigration and Nationality Act.
``(3) Start-up funds.--
``(A) In general.--Except as provided in subparagraph (B),
not more than 5 percent of any single grant, or not to exceed
$75,000, whichever is less, may be used toward the start-up
costs of partnerships or new training programs and projects.
``(B) Exception.--In the case of partnerships consisting
primarily of small businesses, not more than 10 percent of any
single grant, or $150,000, whichever is less, may be used
toward the start-up costs of partnerships or new training
programs and projects.
``(C) Duration of start-up period.--For purposes of this
subsection, a start-up period consists of a period of not more
than 2 months after the grant period begins, at which time
training shall immediately begin and no further Federal funds
may be used for start-up purposes.
``(4) Training outcomes.--
``(A) Consideration for certain programs and projects.--
Consideration in the awarding of grants shall be given to
applicants that provide a specific, measurable commitment upon
successful completion of a training course, to--
``(i) hire or effectuate the hiring of unemployed
trainees (where applicable);
``(ii) increase the wages or salary of incumbent
workers (where applicable); and
``(iii) provide skill certifications to trainees or
link the training to industry-accepted occupational skill
standards, certificates, or licensing requirements.
``(B) Requirements for grant applications.--Applications
for grants shall--
``(i) articulate the level of skills that workers will
be trained for and the manner by which attainment of those
skills will be measured;
``(ii) include an agreement that the program or project
shall be subject to evaluation by the Secretary of Labor to
measure its effectiveness; and
``(iii) in the case of an application for a grant under
subsection (c)(2)(A)(ii), explain what barriers prevent the
strategy from being implemented through a grant made under
subsection (c)(2)(A)(i).
``(5) Matching funds.--Each application for a grant to carry
out a program or project described in paragraph (1)(A) shall state
the manner by which the partnership will provide non-Federal
matching resources (cash, or in-kind contributions, or both) equal
to at least 50 percent of the total grant amount awarded under
paragraph (2)(A)(i), and at least 100 percent of the total grant
amount awarded under paragraph (2)(A)(ii). At least one-half of the
non-Federal matching funds shall be from the business or businesses
or business-related nonprofit organizations involved. Consideration
in the award of grants shall be given to applicants that provide a
specific commitment or commitments of resources from other public
or private sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the grant
expires.
``(6) Administrative costs.--An entity that receives a grant to
carry out a program or project described in paragraph (1)(A) may
not use more than 10 percent of the amount of the grant to pay for
administrative costs associated with the program or project.''.

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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.

683f23713ff45ad9f713d7efb28c879349bb881e1cc3e13d0c4998eb0834b31e

(a) Section 286(s)(5) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(5)) is amended to read as follows: ``4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Attorney General until expended to carry out
duties under paragraphs (1) and (9) of section 214(c) related to
petitions made for nonimmigrants described in section
101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 204
related to petitions for immigrants described in section 203(b).''.
(b) Notwithstanding any other provision of this Act, the figure to
be inserted in section 110(a)(2) is deemed to be ``22 percent''; the
figure to be inserted in section 110(a)(4) is deemed to be ``4
percent''; and the figure to be inserted in section 110(a)(5) is deemed
to be ``2 percent''.

a07b5b48dccaf29d07a3327a1352889305a0933846d878a744c5194f8ec2dfdd

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).

82de2ea41af5d3a4059c3a02c45bba55630ecb0a6c5acfbff7e5aea93ed9fb81

(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).

d72b177147a395a7bcc4ccef5ac96e6386f5bcba9738a06f8357c7c9cf6f1c88

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.

8a8ce013e162ee39c76e902ed29aa16af3305258965403b46ace31a67b33af27

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

4f3ff5128dafd8fdbd217e2fe915e4c284a0d64fe2b62f1eb15d3c84e429df96

TITLE II

-IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

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

b8ef0a5feb4a3d32179c07cdfcb662a228f44eb180838751f616f544e55ad7e1

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.

61e69fc96bf6cb8233cfeb267eb98eb906e19af2c23446afd9e67e0c6cc91172

ACCOUNT.
(a) Authority of the Attorney General.--The Attorney General shall
take such measures as may be necessary to--
(1) reduce the backlog in the processing of immigration benefit
applications, with the objective of the total elimination of the
backlog not later than one year after the date of enactment of this
Act;
(2) make such other improvements in the processing of
immigration benefit applications as may be necessary to ensure that
a backlog does not develop after such date; and
(3) make such improvements in infrastructure as may be
necessary to effectively provide immigration services.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Department of Justice from time to time such sums as may be
necessary for the Attorney General to carry out subsection (a).
(2) Designation of account in treasury.--Amounts appropriated
pursuant to paragraph (1) may be referred to as the ``Immigration
Services and Infrastructure Improvements Account''.
(3) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
(4) Limitation on expenditures.--None of the funds appropriated
pursuant to paragraph (1) may be expended until the report
described in section 205(a) has been submitted to Congress.

f6582eea5274105192ec1512290f5dab8c839ca067cd3e1364546ffebe9d7f93

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

1b398b34ad9902844a2c64f774f1406f884008bb76ac7cf4dced03959d065f35

H1-B Visa bill — S. 2045

Other Sections

TITLE I

TITLE II

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