106th CONGRESS

2d Session

S. 2045

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,

TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. 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 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).

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 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.

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 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 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.

• (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 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 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. 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. 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';

• • (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.'.

SEC. 111. 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 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.'.

SEC. 112. 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. 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 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 on page 14, line 16 is deemed to be `22 percent'; the figure on page 16, line 14 is deemed to be `4 percent'; and the figure on page 16, line 16 is deemed to be `2 percent'.

SEC. 114. 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. 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).

SEC. 116. 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 II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

SEC. 201. SHORT TITLE.

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

SEC. 202. 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 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.

SEC. 203. 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. 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) 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. REPORTS TO CONGRESS.

• (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).

Passed the Senate October 3 (legislative day, September 22), 2000.

Attest:

Secretary.

106th CONGRESS

2d Session

S. 2045

AN ACT

To amend the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens.

END