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[Congressional Record: September 22, 2000 (Senate)] [Page S9037-S9088] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr22se00-82] AMENDMENTS SUBMITTED ______ AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000 ______ ABRAHAM AMENDMENT NO. 4177 Mr. LOTT (for Mr. Abraham) proposed an amendment to the bill (S. 2045) to amend the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens; as follows: Strike all after the word ``section'' and insert the following: 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status [[Page S9038]] under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants [[Page S9039]] awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted one day after effective date. ______ LOTT AMENDMENT NO. 4178 Mr. LOTT proposed an amendment to amendment No. 4177 proposed by Mr. Lott (for Mr. Abraham) to the bill, S. 2045, supra; as follows: Strike all after the figure one and insert the following: SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and [[Page S9040]] (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; [[Page S9041]] (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the [[Page S9042]] manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 2 days after effective date. ______ LOTT AMENDMENT NO. 4179 Mr. LOTT proposed an amendment to the instructions of the motion to recommit the bill, S. 2045, supra; as follows: At the end of the instructions add the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. [[Page S9043]] Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- [[Page S9044]] ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. [[Page S9045]] (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 3 days after effective date. LOTT AMENDMENT NO. 4180 Mr. LOTT proposed an amendment to amendment No. 4179 proposed by Mr. Lott to the bill, S. 2045, supra; as follows: Strike all after the word ``section'' and insert the following: 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant [[Page S9046]] status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; [[Page S9047]] ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (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.-- [[Page S9048]] (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 4 days after effective date.

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