ILW.COM - Amendments

[Congressional Record: September 26, 2000 (Senate)] [Page S9272-S9316] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr26se00-195] AMENDMENTS SUBMITTED ______ AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000 ______ KENNEDY AMENDMENTS NOS. 4190-4195 (Ordered to lie on the table.) Mr. KENNEDY submitted six amendments intended to be proposed by him to the bill (S. 2045) amending the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens; as follows: Amendment No. 4190 At the appropriate place, add the following: RECRUITMENT FROM UNDERREPRESENTED MINORITY GROUPS. Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 202, is further amended by inserting after subparagraph (H) the following: ``(I) The employer certifies that the employer-- ``(i) is taking steps to recruit qualified United States workers who are members of underrepresented minority groups, including-- ``(I) recruiting at a wide geographical distribution of institutions of higher education, including historically black colleges and universities, other minority institutions, community colleges, and vocational and technical colleges; and ``(II) advertising of jobs to publications reaching underrepresented groups of United States workers, including workers older than 35, minority groups, non-English speakers, and disabled veterans, and ``(ii) will submit to the Secretary of Labor at the end of each fiscal year in which the employer employs an H-1B worker a report that describes the steps so taken. For purposes of this subparagraph, the term `minority' includes individuals who are African-American, Hispanic, Asian, and women.''. ____ Amendment No. 4191 On page 13, after line 2, insert the following: (6) Section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C. (s)(5) is amended to read as follows: (6) Use of fees for duties relating to petitions.--4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section 204 related to petitions for immigrants described in section 203(b), and under section 212(n)(5).'' Notwithstanding any other provision of this Act, the figure on page 11, line 2 is [[Page S9273]] deemed to be ``22 percent''; the figure on page 12, line 25 deemed to be ``4 percent''; and the figure on page 13 line 2 is deemed to be ``2 percent''. ____ Amendment No. 4192 At the appropriate place, insert the following: IMPOSITION OF FEES. Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``(excluding'' and all that follows through ``2001)'' and inserting ``(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum- related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing''. ____ Amendment No. 4193 On page 17, line 23, strike the period and insert the following: ``; or involves a labor-management partnership, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of United States workers and obtaining services to meet such needs''.'' ____ Amendment No. 4194 On page 9, after line 15, insert the following: (c) Department of Labor Survey; Report.-- (1) Survey.--The Secretary of Labor shall conduct an ongoing survey of the level of compliance by employers with the provisions and requirements of the H-1B visa program. In conducting this survey, the Secretary shall use an independently developed random sample of employers that have petitioned the INS for H-1B visas. The Secretary is authorized to pursue appropriate penalties where appropriate. (2) Report.--Beginning 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary of Labor shall submit a report to Congress containing the findings of the survey conducted during the preceding 2-year period. ____ Amendment No. 4195 On page 3, strike line 4 and all that follows through page 4, line 6, and insert the following: Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by section 2, is further amended by adding at the end the following new paragraphs: ``(5)(A) Of the total number of aliens authorized to be granted nonimmigrant status under section 101(a)(15)(H)(i)(b) in a fiscal year, not less than 12,000 shall be nonimmigrant aliens issued visas or otherwise provided status under section 101(a)(15)(H)(i)(b) who are employed (or have received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; ``(ii) a nonprofit entity that engages in established curriculum-related clinical training of students registered at any such institution; or ``(iii) a nonprofit research organization or a governmental research organization. ``(B) To the extent the 12,000 visas or grants of status specified in subparagraph (A) are not issued or provided by the end of the third quarter of each fiscal year, the remainder of such visas or grants of status shall be available for aliens described in paragraph (6) as well as aliens described in subparagraph (A). ``(6) Of the total number of aliens authorized to be granted nonimmigrant status under section 101(a)(15)(H)(i)(b), not less than 40 percent for fiscal year 2000, not less than 45 percent for fiscal year 2001, and not less than 50 percent for fiscal year 2002, are authorized for such status only if the aliens have attained at least a master's degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the United States or an equivalent degree (as determined in a credential evaluation performed by a private entity prior to filing a petition) from such an institution abroad.''. Notwithstanding any other provision of this Act, the figure on page 2, line 3 is deemed to be ``200,000''; the figure on page 2, line 4 is deemed to be ``200,000''; and the figure on page 2, line 5 is deemed to be ``200,000''. ______ LANDRIEU AMENDMENTS NOS. 4196-4197 (Ordered to lie on the table.) Ms. LANDRIEU submitted two amendments intended to be proposed by her to the bill, S. 2045, supra; as follows: Amendment No. 4196 At the appropriate place insert the following: SEC. ____. ELIGIBILITY FOR NONIMMIGRANT STATUS OF CHILDREN REQUIRING EMERGENCY MEDICAL SURGERY OR OTHER TREATMENT. Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) by striking ``or'' at the end of subparagraph (R); (2) by striking the period at the end of subparagraph (S) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(T)(i) an alien child who requires emergency medical surgery or other treatment by a healthcare provider in the United States, without regard to whether or not the alien can demonstrate an intention of returning to a residence in a foreign country, if-- ``(I) payment for the surgery or other treatment will be made by a private individual or organization; and ``(II) surgery or treatment of comparable quality is not available in the country of the alien's last habitual residence; and ``(ii) any alien parent of the child if accompanying or following to join;''. ____ Amendment No. 4197 At the appropriate place, insert the following: Sec. ____. (a) Grounds for Deportability.--Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following: ``(d) Exception to Grounds of Removal.--Subsection (a) shall not apply to an alien who is lawfully admitted to the United States for permanent residence, and who acquired such status under section 201(b)(2)(A)(i) as a child described in section 101(b)(1)(F).''. (b) Grounds for Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following: ``(c) Subsection (a) shall not apply to an alien described in section 237(d) who is seeking to reenter the United States.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date of enactment of this Act and shall apply to an alien in removal proceedings, or otherwise subject to removal, under the Immigration and Nationality Act on or after such date. (d) Termination of Proceedings.--In the case of an alien described in section 237(d) of the Immigration and Nationality Act (as added by subsection (a)) who is in deportation proceedings, or otherwise subject to deportation, under such Act (as in effect before the title III-A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)) before the date of enactment of this Act, the Attorney General shall terminate such proceedings and shall refrain from deporting or removing the alien from the United States. ______ LOTT AMENDMENTS NOS. 4198-4203 (Ordered to lie on the table.) Mr. LOTT submitted six amendments intended to be proposed by him to the bill, S. 2045, supra; as follows: Amendment No. 4198 Strike all after the first word and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or [[Page S9274]] ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities [[Page S9275]] under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster [[Page S9276]] education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 10 days after effective date. ____ Amendment No. 4199 Strike all after the first word and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and [[Page S9277]] (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph [[Page S9278]] (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and [[Page S9279]] (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 9 days after effective date. ____ Amendment No. 4200 Strike all after the first word and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. [[Page S9280]] (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' [[Page S9281]] means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted 8 days after effective date. ____ Amendment No. 4201 In lieu of the matter proposed, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as [[Page S9282]] contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; [[Page S9283]] provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system-wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. [[Page S9284]] SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted five days after effective date. ____ Amendment No. 4202 In lieu of the matter proposed, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that [[Page S9285]] may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide [[Page S9286]] technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such [[Page S9287]] form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted six days after effective date. ____ Amendment No. 4203 In lieu of the matter proposed, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, [[Page S9288]] or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the [[Page S9289]] United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted seven days after effective date. ______ HATCH AMENDMENTS NOS. 4204-4205 (Ordered to lie on the table.) Mr. HATCH submitted two amendments intended to be proposed by him to the bill S. 2405, supra; as follows: Amendment No. 4204 On page 1 of the amendment, line 10, strike ``(vi)'' and insert ``(vii)''. On page 2 of the amendment, strike lines 1 through 5 and insert the following: (2) by striking clause (iv) and inserting the following: ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; [[Page S9290]] ``(vi) 195,000 in fiscal year 2003; and''. On page 2 of the amendment, line 6, strike ``Fiscal Year 1999.--'' and insert ``Fiscal Years 1999 and 2000.--''. On page 2 of the amendment, line 7, strike ``Notwithstanding'' and insert ``(A) Notwithstanding''. On page 2 of the amendment, between lines 17 and 18, insert the following: (B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000. On page 6 of the amendment, strike lines 16 through 18 and insert the following: (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, On page 7 of the amendment, strike lines 22 through 24 and insert the following: ``(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.''. On page 9 of the amendment, between lines 3 and 4, insert the following: (c) Increased Job Flexibility for Long Delayed Applicants for Adjustment of Status.-- (1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of Status to Permanent Residence.--A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.''. (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new clause: ``(iv) Long delayed adjustment applicants.--A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.''. (d) Recapture of Unused Employment-Based Immigrant Visas.-- (1) In general.--Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act. (2) Number available.-- (A) In general.--Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years. (B) Reduction.--The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas made available under paragraph (1) for previous fiscal years. (C) Construction.--Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)). (3) Employment-based visas defined.--For purposes of this subsection, the term ``employment-based visa'' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). On page 12 of the amendment, line 3, strike ``used'' and insert ``use''. On page 12 of the amendment, line 21, strike ``this'' and insert ``the''. On page 15 of the amendment, beginning on line 18, strike ``All training'' and all that follows through ``demonstrated'' on line 20 and insert the following: ``The need for the training shall be justified''. On page 18 of the amendment, line 10, strike ``that are in shortage''. On page 18 of the amendment, line 23 and 24, strike ``H-1B skill shortage.'' and insert ``single specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act.''. On page 19 of the amendment, strike lines 1 through 6. On page 20 of the amendment, line 23, strike ``and''. On page 21 of the amendment, line 2, strike the period and insert ``; and''. On page 21 of the amendment, between lines 2 and 3, insert the following: ``(iii) in the case of an application for a grant under subsection (c)(2)(A)(ii), explain what barriers prevent the strategy from being implemented through a grant made under subsection (c)(2)(A)(i).''. On page 21 of the amendment, after line 25, insert the following new section: SEC. 12. IMPOSITION OF FEES. Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``(excluding'' and all that follows through ``2001)'' and inserting ``(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum- related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing''. On page 22 of the amendment, line 1, strike ``SEC. 12.''. and insert ``SEC. 13.''. On page 27 of the amendment, line 1, strike ``SEC. 13.''. and insert ``SEC. 14.''. ____ Amendment No. 4205 In lieu of the matter proposed insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. [[Page S9291]] 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the uses of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate regarding-- [[Page S9292]] ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- [[Page S9293]] (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. ______ KERRY AMENDMENTS NOS. 4206-4207 Ordered to lie on the table.) Mr. KERRY submitted two amendments intended to be proposed by him to the bill, S. 2045, supra; as follows: Amendment No. 4206 On page 17, strike lines 3 through 12 and insert the following: SEC. 9. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The Secretary of Commerce shall conduct a review of existing public and private high-tech workforce training programs in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary of Commerce shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). ____ Amendment No. 4207 At the appropriate place, insert the following: SEC. 9. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The Secretary of Commerce shall conduct a review of existing public and private high-tech workforce training programs in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary of Commerce shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). ______ HUTCHISON AMENDMENT NO. 4208 (Ordered to lie on the table.) Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill, S. 2045, supra; as follows: At the appropriate place, insert: SECTION 1. SHORT TITLE. This title may be cited as the ``International Patient Act of 2000''. SEC. 2. THREE-YEAR PILOT PROGRAM TO EXTEND VOLUNTARY DEPARTURE PERIOD FOR CERTAIN NONIMMIGRANT ALIENS REQUIRING MEDICAL TREATMENT WHO WERE ADMITTED UNDER VISA WAIVER PILOT PROGRAM. Section 240B(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)) is amended to read as follows: (2) Period.-- (A) In general.--Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. (B) 3-year pilot program waiver.--During the period October 1, 2000, through September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an alien-- (i) who was admitted to the United States as a nonimmigrant visitor (described in section 101(a)(15)(B) under the provisions of the visa waiver pilot program established pursuant to section 217, seeks the waiver for the purpose of continuing to receive medical treatment in the United States from a physician associated with a health care facility, and submits to the Attorney General-- (I) a detailed diagnosis statement from the physician, which includes the treatment being sought and the expected time period the alien will be required to remain in the United States; (II) a statement from the health care facility containing an assurance that the alien's treatment is not being paid through any Federal or State public health assistance, that the alien's account has no outstanding balance, and that such facility will notify the Service when the alien is released or treatment is terminated; and (III) evidence of financial ability to support the alien's day-to-day expenses while in the United States (including the expenses of any family member described in clause (ii)) and evidence that any such alien or family member is not receiving any form of public assistance; or (ii) who-- (I) is a spouse, parent, brother, sister, son, daughter, or other family member of a principal alien described in clause (i); and (II) entered the United States accompanying, and with the same status as, such principal alien. (C) Waiver limitations.-- (i) Waivers under subparagraph (B) may be granted only upon a request submitted by a Service district office to Service headquarters. (ii) Not more than 300 waivers may be granted for any fiscal year for a principal alien under subparagraph (B)(i). (iii)(I) Except as provided in subclause (II), in the case of each principal alien described in subparagraph (B)(i) not more than one adult may be granted a waiver under subparagraph (B)(ii). (II) Not more than two adults may be granted a waiver under subparagraph (B)(ii) in a case in which-- (aa) the principal alien described in subparagraph (B)(i) is a dependent under the age of 18; or (bb) one such adult is age 55 or older or is physically handicapped. (D) Report to congress; suspension of waiver authority.-- (i) Not later than March 30 of each year, the Commissioner shall submit to the Congress an annual report regarding all waivers granted under subparagraph (B) during the preceding fiscal year. (ii) Notwithstanding any other provision of law, the authority of the Attorney General under subparagraph (B) shall be suspended during any period in which an annual report under clause (i) is past due and has not been submitted. ______ STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000 ______ DeWINE AMENDMENT NO. 4209 Mr. GORTON (for Mr. DeWine) proposed an amendment to the bill (S. 2272) to improve the administrative efficiency and effectiveness of the Nation's abuse and neglect courts and for other purposes consistent with the Adoption and Safe Families Act of 1997; as follows: On page 23, line 4, strike ``fiscal year 2001'' and insert ``the period of fiscal years 2001 and 2002''. On page 24, line 13, strike ``fiscal year 2001'' and insert ``the period of fiscal years 2001 and 2002''. ______ HEALTH CARE PROVIDER BILL OF RIGHTS ______ ABRAHAM (AND MURKOWSKI) AMENDMENT NO. 4210 (Ordered referred to the Committee on Finance.) [[Page S9294]] Mr. ABRAHAM (for himself and Mr. Murkowski) submitted an amendment intended to be proposed by them to the bill (S. 2999) to amend title XVIII of the Social Security Act to reform the regulatory processes used by the Health Care Financing Administration to administer the Medicare Program, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Care Providers Bill of Rights Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--REGULATORY REFORM Sec. 101. Prospective application of certain regulations. Sec. 102. Requirements for judicial and regulatory challenges of regulations. Sec. 103. Prohibition of recovering past overpayments by certain means. Sec. 104. Prohibition of recovering past overpayments if appeal pending. TITLE II--APPEALS PROCESS REFORMS Sec. 201. Reform of post-payment audit process. Sec. 202. Definitions relating to protections for physicians, suppliers, and providers of services. Sec. 203. Right to appeal on behalf of deceased beneficiaries. TITLE III--EDUCATION COMPONENTS Sec. 301. Designated funding levels for provider education. Sec. 302. Advisory opinions. TITLE IV--SUSTAINABLE GROWTH RATE REFORMS Sec. 401. Inclusion of regulatory costs in the calculation of the sustainable growth rate. TITLE V--STUDIES AND REPORTS Sec. 501. GAO audit and report on compliance with certain statutory administrative procedure requirements. Sec. 502. GAO study and report on provider participation. Sec. 503. GAO audit of random sample audits. SEC. 2. FINDINGS. Congress finds the following: (1) Physicians, providers of services, and suppliers of medical equipment and supplies that participate in the medicare program under title XVIII of the Social Security Act must contend with over 100,000 pages of complex medicare regulations, most of which are unknowable to the average health care provider. (2) Many physicians are choosing to discontinue participation in the medicare program to avoid becoming the target of an overzealous Government investigation regarding compliance with the extensive regulations governing the submission and payment of medicare claims. (3) Health Care Financing Administration contractors send post-payment review letters to physicians that require the physician to submit to additional substantial Government interference with the practice of the physician in order to preserve the physician's right to due process. (4) When a Health Care Financing Administration contractor sends a post-payment review letter to a physician, that contractor often has no telephone or face-to-face communication with the physician, provider of services, or supplier. (5) The Health Care Financing Administration targets billing errors as though health care providers have committed fraudulent acts, but has not adequately educated physicians, providers of services, and suppliers regarding medicare billing requirements. (6) The Office of the Inspector General of the Department of Health and Human Services found that 75 percent of surveyed physicians had never received any educational materials from a Health Care Financing Administration contractor concerning the equipment and supply ordering process. SEC. 3. DEFINITIONS. In this Act: (1) Applicable authority.--The term ``applicable authority'' has the meaning given such term in section 1861(uu)(1) of the Social Security Act (as added by section 202). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Extrapolation.--The term ``extrapolation'' has the meaning given such term in section 1861(uu)(2) of the Social Security Act (as added by section 202). (4) Fiscal intermediary.--The term ``fiscal intermediary'' means a fiscal intermediary (as defined in section 1816(a) of the Social Security Act (42 U.S.C. 1395h(a))) with an agreement under section 1816 of such Act to administer benefits under part A or B of such title. (5) Health care provider.--The term ``health care provider'' has the meaning given the term ``eligible provider'' in section 1897(a)(2) of the Social Security Act (as added by section 301). (6) Medicare program.--The term ``medicare program'' means the health benefits program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (7) Prepayment review.--The term ``prepayment review'' has the meaning given such term in section 1861(uu)(3) of the Social Security Act (as added by section 202). (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. TITLE I--REGULATORY REFORM SEC. 101. PROSPECTIVE APPLICATION OF CERTAIN REGULATIONS. Section 1871(a) of the Social Security Act (42 U.S.C. 1395hh(a)) is amended by adding at the end the following new paragraph: ``(3) Any regulation described under paragraph (2) may not take effect earlier than the date on which such regulation becomes a final regulation. Any regulation described under such paragraph that applies to an agency action, including any agency determination, shall only apply as that regulation is in effect at the time that agency action is taken.''. SEC. 102. REQUIREMENTS FOR JUDICIAL AND REGULATORY CHALLENGES OF REGULATIONS. (a) Right To Challenge Constitutionality and Statutory Authority of HCFA Regulations.--Section 1872 of the Social Security Act (42 U.S.C. 1395ii) is amended to read as follows: ``application of certain provisions of title ii ``Sec. 1872. The provisions of sections 206 and 216(j), and of subsections (a), (d), (e), (h), (i), (j), (k), and (l) of section 205, shall also apply with respect to this title to the same extent as they are applicable with respect to title II, except that-- ``(1) in applying such provisions with respect to this title, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively; and ``(2) section 205(h) shall not apply with respect to any action brought against the Secretary under section 1331 or 1346 of title 28, United States Code, regardless of whether such action is unrelated to a specific determination of the Secretary, that challenges-- ``(A) the constitutionality of substantive or interpretive rules of general applicability issued by the Secretary; ``(B) the Secretary's statutory authority to promulgate such substantive or interpretive rules of general applicability; or ``(C) a finding of good cause under subparagraph (B) of the sentence following section 553(b)(3) of title 5, United States Code, if used in the promulgation of substantive or interpretive rules of general applicability issued by the Secretary.''. (b) Administrative and Judicial Review of Secretary Determinations.--Section 1866(h) of the Act (42 U.S.C. 1395cc(h)) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) Except as provided in paragraph (3), an institution or agency dissatisfied with a determination by the Secretary that it is not a provider of services or with a determination described in subsection (b)(2) (regardless of whether such determination has been made by the Secretary or by a State pursuant to an agreement entered into with the Secretary under section 1864 and regardless of whether the Secretary has imposed or may impose a remedy, penalty, or other sanction on the institution or agency in connection with such determination) shall be entitled to a hearing thereon by the Secretary (after reasonable notice) to the same extent as is provided in section 205(b), and to judicial review of the Secretary's final decision after such hearing as is provided in section 205(g), except that in so applying such sections and in applying section 205(l) thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively, and such hearings are subject to the deadlines in paragraph (2) hereof.''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: ``(2)(A)(i) Except as provided in clause (ii), an administrative law judge shall conduct and conclude a hearing on a determination described in subsection (b)(2) and render a decision on such hearing by not later than the end of the 90-day period beginning on the date a request for hearing has been timely filed. ``(ii) The 90-day period under subclause (I) shall not apply in the case of a motion or stipulation by the party requesting the hearing to waive such period. ``(B) The Department Appeals Board of the Department of Health and Human Services shall conduct and conclude a review of the decision on a hearing described in subparagraph (A) and make a decision or remand the case to the administrative law judge for reconsideration by not later than the end of the 90-day period beginning on the date a request for review has been timely filed. ``(C) In the case of a failure by an administrative law judge to render a decision by the end of the period described in clause (i), the party requesting the hearing may request a review by the Departmental Appeals Board [[Page S9295]] of the Departmental of Health and Human Services, notwithstanding any requirements for a hearing for purposes of the party's right to such a review. ``(D) In the case of a request described in clause (iii), the Departmental Appeals Board shall review the case de novo. In the case of the failure of the Departmental Appeals Board to render a decision on such hearing by not later than the end of the 60-day period beginning on the date a request for such a Department Appeals Board hearing has been filed, the party requesting the hearing may seek judicial review of the Secretary's decision, notwithstanding any requirements for a hearing for purposes of the party's right to such review. ``(E) In the case of a request described in clause (iv), the court shall review the case de novo.''. SEC. 103. PROHIBITION OF RECOVERING PAST OVERPAYMENTS BY CERTAIN MEANS. (a) In General.--Except as provided in subsection (b) and notwithstanding sections 1815(a), 1842(b), and 1861(v)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1395g(a), 1395u(a), and 1395x(v)(1)(A)(ii)), or any other provision of law, for purposes of applying sections 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 of such Act (42 U.S.C. 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd), the Secretary may not offset any future payment to a health care provider to recoup a previously made overpayment, but instead shall establish a repayment plan to recoup such an overpayment. (b) Exception.--This section shall not apply to cases in which the Secretary finds evidence of fraud or similar fault on the part of such provider. SEC. 104. PROHIBITION OF RECOVERING PAST OVERPAYMENTS IF APPEAL PENDING. (a) In General.--Notwithstanding any provision of law, for purposes of applying sections 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 of the Social Security Act (42 U.S.C. 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd), the Secretary may not take any action (or authorize any other person, including any fiscal intermediary, carrier, and contractor under section 1893 of such Act (42 U.S.C. 1395ddd)) to recoup an overpayment during the period in which a health care provider is appealing a determination that such an overpayment has been made or the amount of the overpayment. (b) Exception.--This section shall not apply to cases in which the Secretary finds evidence of fraud or similar fault on the part of such provider. TITLE II--APPEALS PROCESS REFORMS SEC. 201. REFORM OF POST-PAYMENT AUDIT PROCESS. (a) Communications to Physicians.--Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended by adding at the end the following new subsection: ``(u)(1)(A) Except as provided in paragraph (2), in carrying out its contract under subsection (b)(3), with respect to physicians' services, the carrier shall provide for the recoupment of overpayments in the manner described in the succeeding subparagraphs if-- ``(i) the carrier or a contractor under section 1893 has not requested any relevant record or file; and ``(ii) the case has not been referred to the Department of Justice or the Office of Inspector General. ``(B)(i) During the 1-year period beginning on the date on which a physician receives an overpayment, the physician may return the overpayment to the carrier making such overpayment without any penalty. ``(ii) If a physician returns an overpayment under clause (i), neither the carrier nor the contractor under section 1893 may begin an investigation or target such physician based on any claim associated with the amount the physician has repaid. ``(C) The carrier or a contractor under section 1893 may not recoup or offset payment amounts based on extrapolation (as defined in section 1861(uu)(2)) if the physician has not been the subject of a post-payment audit. ``(D) As part of any written consent settlement communication, the carrier or a contractor under section 1893 shall clearly state that the physician may submit additional information (including evidence other than medical records) to dispute the overpayment amount without waiving any administrative remedy or right to appeal the amount of the overpayment. ``(E) As part of the administrative appeals process for any amount in controversy, a physician may directly appeal any adverse determination of the carrier or a contractor under section 1893 to an administrative law judge. ``(F)(i) Each consent settlement communication from the carrier or a contractor under section 1893 shall clearly state that prepayment review (as defined in section 1861(uu)(3)) may be imposed where the physician submits an actual or projected repayment to the carrier or a contractor under section 1893. Any prepayment review shall cease if the physician demonstrates to the carrier that the physician has properly submitted clean claims (as defined in section 1816(c)(2)(B)(i)). ``(ii) Prepayment review may not be applied as a result of an action under section 201(a), 301(b), or 302. ``(2) If a carrier or a contractor under section 1893 identifies (before or during post-payment review activities) that a physician has submitted a claim with a coding, documentation, or billing inconsistency, before sending any written communication to such physician, the carrier or a contractor under section 1893 shall contact the physician by telephone or in person at the physician's place of business during regular business hours and shall-- ``(i) identify the billing anomaly; ``(ii) inform the physician of how to address the anomaly; and ``(iii) describe the type of coding or documentation that is required for the claim.''. (b) Communications to Providers of Services.--Section 1816 of the Social Security Act (42 U.S.C. 1395h) is amended by adding at the end the following new subsection: ``(m)(1)(A) Except as provided in paragraph (2), in carrying out its agreement under this section, with respect to payment for items and services furnished under this part, the fiscal intermediary shall provide for the recoupment of overpayments in the manner described in the succeeding subparagraphs if-- ``(i) the fiscal intermediary or a contractor under section 1893 has not requested any relevant record or file; and ``(ii) the case has not been referred to the Department of Justice or the Office of Inspector General. ``(B)(i) During the 1-year period beginning on the date on which a provider of services receives an overpayment, the provider of services may return the overpayment to the fiscal intermediary making such overpayment without any penalty. ``(ii) If a provider of services returns an overpayment under clause (i), neither the fiscal intermediary, contractor under section 1893, nor any law enforcement agency may begin an investigation or target such provider of services based on any claim associated with the amount the provider of services has repaid. ``(C) The fiscal intermediary or a contractor under section 1893 may not recoup or offset payment amounts based on extrapolation (as defined in section 1861(uu)(2)) if the provider of services has not been the subject of a post- payment audit. ``(D) As part of any written consent settlement communication, the fiscal intermediary or a contractor under section 1893 shall clearly state that the provider of services may submit additional information (including evidence other than medical records) to dispute the overpayment amount without waiving any administrative remedy or right to appeal the amount of the overpayment. ``(E) As part of the administrative appeals process for any amount in controversy, a provider of services may directly appeal any adverse determination of the fiscal intermediary or a contractor under section 1893 to an administrative law judge. ``(F)(i) Each consent settlement communication from the fiscal intermediary or a contractor under section 1893 shall clearly state that prepayment review (as defined in section 1861(uu)(3)) may be imposed where the provider of services submits an actual or projected repayment to the fiscal intermediary or a contractor under section 1893. Any prepayment review shall cease if the provider of services demonstrates to the fiscal intermediary that the provider of services has properly submitted clean claims (as defined in subsection (c)(2)(B)(i)). ``(ii) Prepayment review may not be applied as a result of an action under section 201(a), 301(b), or 302. ``(2) If a fiscal intermediary or a contractor under section 1893 identifies (before or during post-payment review activities) that a provider of services has submitted a claim with a coding, documentation, or billing inconsistency, before sending any written communication to such provider of services, the fiscal intermediary or a contractor under section 1893 shall contact the provider of services by telephone or in person at place of business of such provider of services during regular business hours and shall-- ``(i) identify the billing anomaly; ``(ii) inform the provider of services of how to address the anomaly; and ``(iii) describe the type of coding or documentation that is required for the claim.''. (c) Effective Date.--The amendments made by this section shall take effect 60 days after the date of enactment of this Act. SEC. 202. DEFINITIONS RELATING TO PROTECTIONS FOR PHYSICIANS, SUPPLIERS, AND PROVIDERS OF SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new subsection: ``Definitions Relating to Protections for Physicians, Suppliers, and Providers of Services ``(uu) For purposes of provisions of this title relating to protections for physicians, suppliers of medical equipment and supplies, and providers of services: ``(1) Applicable authority.--The term `applicable authority' means the carrier, contractor under section 1893, or fiscal intermediary that is responsible for making any determination regarding a payment for any item or service under the medicare program under this title. ``(2) Extrapolation.--The term `extrapolation' means the application of an overpayment dollar amount to a larger grouping of physician claims than those in the audited sample to calculate a projected overpayment figure. ``(3) Prepayment review.--The term `prepayment review' means the carriers' and fiscal intermediaries' practice of withholding [[Page S9296]] claim reimbursements from eligible providers even if the claims have been properly submitted and reflect medical services provided.''. SEC. 203. RIGHT TO APPEAL ON BEHALF OF DECEASED BENEFICIARIES. Notwithstanding section 1870 of the Social Security Act (42 U.S.C. 1395gg) or any other provision of law, the Secretary shall permit any health care provider to appeal any determination of the Secretary under the medicare program on behalf of a deceased beneficiary where no substitute party is available. TITLE III--EDUCATION COMPONENTS SEC. 301. DESIGNATED FUNDING LEVELS FOR PROVIDER EDUCATION. (a) Education Programs for Physicians, Providers of Services, and Suppliers.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``education programs for physicians, providers of services, and suppliers ``Sec. 1897. (a) Definitions.--In this section: ``(1) Education programs.--The term `education programs' means programs undertaken in conjunction with Federal, State, and local medical societies, specialty societies, other providers, and the Federal, State, and local associations of such providers that-- ``(A) focus on current billing, coding, cost reporting, and documentation laws, regulations, fiscal intermediary and carrier manual instructions; ``(B) place special emphasis on billing, coding, cost reporting, and documentation errors that the Secretary has found occur with the highest frequency; and ``(C) emphasize remedies for these improper billing, coding, cost reporting, and documentation practices. ``(2) Eligible providers.--The term `eligible provider' means a physician (as defined in section 1861(r)), a provider of services (as defined in section 1861(u)), or a supplier of medical equipment and supplies (as defined in section 1834(j)(5)). ``(b) Conduct of Education Programs.-- ``(1) In general.--Carriers and fiscal intermediaries shall conduct education programs for any eligible provider that submits a claim under paragraph (2)(A). ``(2) Eligible provider education.-- ``(A) Submission of claims and records.--Any eligible provider may voluntarily submit any present or prior claim or medical record to the applicable authority (as defined in section 1861(uu)(1)) to determine whether the billing, coding, and documentation associated with the claim is appropriate. ``(B) Prohibition of extrapolation.--No claim submitted under subparagraph (A) is subject to any type of extrapolation (as defined in section 1861(uu)(2)). ``(C) Safe harbor.--No submission of a claim or record under this section shall result in the carrier or a contractor under section 1893 beginning an investigation or targeting an individual or entity based on any claim or record submitted under such subparagraph. ``(3) Treatment of improper claims.--If the carrier or fiscal intermediary finds a claim to be improper, the eligible provider shall have the following options: ``(A) Correction of problems.--To correct the documentation, coding, or billing problem to appropriately substantiate the claim and either-- ``(i) remit the actual overpayment; or ``(ii) receive the appropriate additional payment from the carrier or fiscal intermediary. ``(B) Repayment.--To repay the actual overpayment amount if the service was not covered under the medicare program under this title or if adequate documentation does not exist. ``(4) Prohibition of eligible provider tracking.--The applicable authorities may not use the record of attendance of any eligible provider at an education program conducted under this section or the inquiry regarding claims under paragraph (2)(A) to select, identify, or track such eligible provider for the purpose of conducting any type of audit or prepayment review.''. (b) Funding of Education Programs.-- (1) Medicare integrity program.--Section 1893(b)(4) of the Social Security Act (42 U.S.C. 1395ddd(b)(4)) is amended by adding at the end the following new sentence: ``No less than 10 percent of the program funds shall be devoted to the education programs for eligible providers under section 1897.''. (2) Carriers.--Section 1842(b)(3)(H) of the Social Security Act (42 U.S.C. 1395u(b)(3)(H)) is amended by adding at the end the following new clause: ``(iii) No less than 2 percent of carrier funds shall be devoted to the education programs for eligible providers under section 1897.''. (3) Fiscal intermediaries.--Section 1816(b)(1) of the Social Security Act (42 U.S.C. 1395h(b)(1)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a comma; and (C) by adding at the end the following new subparagraph: ``(C) that such agency or organization is using no less than 1 percent of its funding for education programs for eligible providers under section 1897.''. (c) Effective Date.--The amendments made by this section shall take effect 60 days after the date of enactment of this Act. SEC. 302. ADVISORY OPINIONS. (a) Straight Answers.-- (1) In general.--Fiscal intermediaries and carriers shall do their utmost to provide health care providers with one, straight and correct answer regarding billing and cost reporting questions under the medicare program, and will, when requested, give their true first and last names to providers. (2) Written requests.-- (A) In general.--The Secretary shall establish a process under which a health care provider may request, in writing from a fiscal intermediary or carrier, assistance in addressing questionable coverage, billing, documentation, coding and cost reporting procedures under the medicare program and then the fiscal intermediary or carrier shall respond in writing within 30 business days with the correct billing or procedural answer. (B) Use of Written Statement.-- (i) In general.--Subject to clause (ii), a written statement under paragraph (1) may be used as proof against a future payment audit or overpayment determination under the medicare program. (ii) Extrapolation prohibition.--Subject to clause (iii), no claim submitted under this section shall be subject to extrapolation. (iii) Limitation on application.--Clauses (i) and (ii) shall not apply to cases of fraudulent billing. (C) Safe harbor.--If a physician requests an advisory opinion under this subsection, neither the fiscal intermediary, the carrier, nor a contractor under section 1893 of the Social Security Act (42 U.S.C. 1395ddd) may begin an investigation or target such physician based on any claim cited in the request. (b) Extension of Existing Advisory Opinion Provisions of Law.--Section 1128D(b) of the Social Security Act (42 U.S.C. 1320a-7d(b)) is amended-- (1) in paragraph (4), by adding at the end the following new subparagraph: ``(C) Safe harbor.--If a party requests an advisory opinion under this subsection, neither the fiscal intermediary, the carrier, nor a contractor under section 1893 may begin an investigation or target such party based on any claim cited in the request.''; and (2) in paragraph (6), by striking, `` and before the date which is 4 years after such date of enactment''. TITLE IV--SUSTAINABLE GROWTH RATE REFORMS SEC. 401. INCLUSION OF REGULATORY COSTS IN THE CALCULATION OF THE SUSTAINABLE GROWTH RATE. (a) In General.--Section 1848(f)(2) of the Social Security Act (42 U.S.C. 1395w-4(f)(2)) is amended-- (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by striking ``Specification of growth rate.--The sustainable growth rate'' and inserting ``Specification of growth rate.-- ``(A) In general.--The sustainable growth rate''; and (3) by adding at the end the following new subparagraphs: ``(B) Inclusion of sgr regulatory costs.--The Secretary shall include in the estimate established under clause (iv)-- ``(i) the costs for each physicians' service resulting from any regulation implemented by the Secretary during the year for which the sustainable growth rate is estimated, including those regulations that may be implemented during such year; and ``(ii) the costs described in subparagraph (C). ``(C) Inclusion of other regulatory costs.--The costs described in this subparagraph are any per procedure costs incurred by each physicians' practice in complying with each regulation promulgated by the Secretary, regardless of whether such regulation affects the fee schedule established under subsection (b)(1). ``(D) Inclusion of costs in regulatory impact analyses.-- With respect to any regulation promulgated on or after January 1, 2001, that may impose a regulatory cost described in subparagraph (B)(i) or (C) on a physician, the Secretary shall include in the regulatory impact analysis accompanying such regulation an estimate of any such cost.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any estimate made by the Secretary of Health and Human Services on or after the date of enactment of this Act. TITLE V--STUDIES AND REPORTS SEC. 501. GAO AUDIT AND REPORT ON COMPLIANCE WITH CERTAIN STATUTORY ADMINISTRATIVE PROCEDURE REQUIREMENTS. (a) Audit.--The Comptroller General of the United States shall conduct an audit of the compliance of the Health Care Financing Administration and all regulations promulgated by the Department of Health and Human Resources under statutes administered by the Health Care Financing Administration with-- (1) the provisions of such statutes; (2) subchapter II of chapter 5 of title 5, United States Code (including section 553 of such title); and (3) chapter 6 of title 5, United States Code. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the audit conducted under [[Page S9297]] subsection (a), together with such recommendations for legislative and administrative action as the Comptroller General determines appropriate. SEC. 502. GAO STUDY AND REPORT ON PROVIDER PARTICIPATION. (a) Study.--The Comptroller General of the United States shall conduct a study on provider participation in the medicare program to determine whether policies or enforcement efforts against health care providers have reduced access to care for medicare beneficiaries. Such study shall include a determination of the total cost to physician, supplier, and provider practices of compliance with medicare laws and regulations, the number of physician, supplier, and provider audits, the actual overpayments assessed in consent settlements, and the attendant projected overpayments communicated to physicians, suppliers, and providers as part of the consent settlement process. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations for legislative and administrative action as the Comptroller General determines appropriate. SEC. 503. GAO AUDIT OF RANDOM SAMPLE AUDITS. (a) Audit.--The Comptroller General of the United States shall conduct an audit to determine-- (1) the statistical validity of random sample audits conducted under the medicare program before the date of the enactment of this Act; (2) the necessity of such audits for purposes of administering sections 1815(a), 1842(a), and 1861(v)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1395g(a), 1395u(a), and 1395x(v)(1)(A)(ii)); (3) the effects of the application of such audits to health care providers under sections 1842(b), 1866(a)(1)(B)(ii), 1870, and 1893 of such Act (42 U.S.C. 1395u(a), 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd); and (4) the percentage of claims found to be improper from these audits, as well as the proportion of the extrapolated overpayment amounts to the overpayment amounts found from the analysis of the original sample. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the audit conducted under subsection (a), together with such recommendations for legislative and administrative action as the Comptroller General determines appropriate. ______ AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000 ______ LOTT AMENDMENTS NOS. 4211-4217 (Ordered to lie on the table.) Mr. LOTT submitted seven amendments intended to be proposed by him to the bill, S. 2045, supra; as follows: Amendment No. 4211 In lieu of the matter proposed, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. [[Page S9298]] SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under [[Page S9299]] subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted two days after effective date. ____ Amendment No. 4212 At the appropriate place insert the following: [[Page S9300]] SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation [[Page S9301]] shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by [[Page S9302]] which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted one day after effective date. ____ Amendment No. 4213 At the appropriate place insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. [[Page S9303]] Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- [[Page S9304]] ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. [[Page S9305]] (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted two days after effective date. ____ Amendment No. 4214 At the appropriate place insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the [[Page S9306]] new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs [[Page S9307]] under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. [[Page S9308]] SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted three days after effective date. ____ Amendment No. 4215 Strike all after the first word and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be [[Page S9309]] issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- [[Page S9310]] ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted one day after effective date. ____ Amendment No. 4216 Strike all after the first word and insert the following: 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days [[Page S9311]] after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; [[Page S9312]] (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. [[Page S9313]] (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. (e) Grant Awards.--In awarding subgrants under this section, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this section. (2) Source of funds.--Funds to carry out this section may be derived from the Violent Crime Reduction Trust Fund. (3) Continued availability.--Amounts made available under this subsection shall remain available until expended. SEC. 13. SEVERABILITY. If any provision of this Act (or any amendment made by this Act) or the application thereof to any person or circumstance is held invalid, the remainder of the Act (and the amendments made by this Act) and the application of such provision to any other person or circumstance shall not be affected thereby. This section shall be enacted two days after effective date. ____ Amendment No. 4217 In lieu of the matter proposed, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Competitiveness in the Twenty-first Century Act of 2000''. SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) by redesignating clause (v) as clause (vi); and (2) by striking clauses (iii) and (iv) and inserting the following: ``(iii) 195,000 in fiscal year 2000; and ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; and''. (b) Additional Visas for Fiscal Year 1999.-- (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999. (2) Effective date.--Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs: ``(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b)-- ``(A) who is employed (or has received an offer of employment) at-- ``(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or ``(ii) a nonprofit research organization or a governmental research organization; or ``(B) for whom a petition is filed not more than 90 days before or not more than 180 days after the nonimmigrant has attained a master's degree or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). ``(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5)(A). ``(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.''. SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS. (a) Special Rules.--Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: ``(5) Rules for employment-based immigrants.-- ``(A) Employment-based immigrants not subject to per country limitation if additional visas available.--If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. ``(B) Limiting fall across for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).''. (b) Conforming Amendments.-- (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''. (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of the visa numbers'' and inserting ``except as provided in subsection (a)(5), the proportion of the visa numbers''. (c) One-Time Protection Under Per Country Ceiling.-- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who-- (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) would be subject to the per country limitations applicable to immigrants but for this subsection, [[Page S9314]] may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. ``(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien-- ``(A) who has been lawfully admitted into the United States; ``(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and ``(C) who has not been employed without authorization before or during the pendency of such petition for new employment in the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Exemption From Limitation.--The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since-- (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) Extension of H1-B Worker Status.--The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' and inserting ``October 1, 2002''. (b) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2002''. SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows: ``(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.''. SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The National Science Foundation shall conduct a study of the divergence in access to high technology (commonly referred to as the ``digital divide'') in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS. (a) Allocation of Funds.--Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended-- (1) in paragraph (2), by striking ``56.3 percent'' and inserting ``55 percent''; (2) in paragraph (3), by striking ``28.2 percent'' and inserting ``23.5 percent''; (3) by amending paragraph (4) to read as follows: ``(4) National Science Foundation Competitive Grant Program for K-12 Math, Science and Technology Education.-- ``(A) In general.--15 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K-12 education. ``(B) Types of programs covered.--The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K-12 teachers and education for students in science, mathematics, and technology; support the professional development of K-12 math and science teachers in the used of technology in the classroom; stimulate system- wide K-12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 7-12 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 3(a)(1) of this National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''; (4) in paragraph (6), by striking ``6 percent'' and inserting ``5 percent''; and (5) in paragraph (6), by striking ``3 percent'' each place it appears and inserting ``2.5 percent''. (b) Low-Income Scholarship Program.--Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by striking ``$2,500 per year.'' and inserting ``$3,125 per year. The Director may renew scholarships for up to 4 years.''. (c) Reporting Requirement.--Section 414 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277) is amended by adding at the end the following new subsection: ``(e) Reporting Requirement.--The Secretary of Labor and the Director of the National Science Foundation shall-- ``(1) track and monitor the performance of programs receiving H-1B Nonimmigrant Fee grant money; and ``(2) not later than one year after the date of enactment of this subsection, submit a report to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) the tracking system to monitor the performance of programs receiving H-1B grant funding; and ``(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.''. SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105-277; 112 Stat. 2681-653) is amended to read as follows: ``(c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.-- ``(1) In general.-- ``(A) Funding.--The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. ``(B) Training provided.--Training funded by a program or project described in subparagraph (A) shall be for persons who are currently employed and who wish to obtain and upgrade skills as well as for persons who are unemployed. Such training is not limited to skill levels commensurate with a four-year undergraduate degree, but should include the preparation of workers for a broad range of positions along a career ladder. Consideration shall be given to the use of grant funds to demonstrate a significant ability to expand a training program or project through such means as training more workers or offering more courses, and training programs or projects resulting from collaborations, especially with more than one small business or with a labor-management training program or project. All training shall be justified with evidence of skill shortages as demonstrated through reliable regional, State, or local data. ``(2) Grants.-- ``(A) Eligibility.--To carry out the programs and projects described in paragraph [[Page S9315]] (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award-- ``(i) 75 percent of the grants to a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least-- ``(I) one workforce investment board; ``(II) one community-based organization or higher education institution or labor union; and ``(III) one business or business-related nonprofit organization such as a trade association; and ``(ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. ``(B) Designation of responsible fiscal agents.--Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. ``(C) Partnership considerations.--Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). ``(D) Allocation of grants.--In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: ``(i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills that are in shortage in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. ``(ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any H-1B skill shortage. ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the term `H-1B skill shortage' means a shortage of skills necessary for employment in a specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. ``(3) Start-up funds.-- ``(A) In general.--Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(B) Exception.--In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. ``(C) Duration of start-up period.--For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. ``(4) Training outcomes.-- ``(A) Consideration for certain programs and projects.-- Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to-- ``(i) hire or effectuate the hiring of unemployed trainees (where applicable); ``(ii) increase the wages or salary of incumbent workers (where applicable); and ``(iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. ``(B) Requirements for grant applications.--Applications for grants shall-- ``(i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; and ``(ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness. ``(5) Matching funds.--Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, or both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. ``(6) Administrative costs.--An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project.''. SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE. (a) Short Title.--This section may be cited as the ``Kids 2000 Act''. (b) Findings.--Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at- risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. (c) After-School Technology Grants to the Boys and Girls Clubs of America.-- (1) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after-school technology programs, such as PowerUp, in order to provide-- (A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after- school hours, weekends, and school vacations; (B) supervised activities in safe environments for youth; and (C) full-time staffing with teachers, tutors, and other qualified personnel. (2) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. (d) Applications.-- (1) Eligibility.--In order to be eligible to receive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (2) Application requirements.--Each application submitted in accordance with paragraph (1) shall include-- (A) a request for a subgrant to be used for the purposes of this section; (B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section; (D) written assurances that all activities funded under this section will be supervised by qualified adults; (E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and [[Page S9316]] (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. ____________________

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