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Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No.
106-260]
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
April 11, 2000
Reported with an
amendment and an amendment to the title
S 2045 RS
Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No. 106-260]
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
IN THE SENATE OF
THE UNITED STATES
February 9, 2000
Mr. HATCH (for himself, Mr. ABRAHAM, Mr. GRAMM, Mr. GRAHAM, Mr. LIEBERMAN,
Mrs. FEINSTEIN, Mr. LOTT, Mr. NICKLES, Mr. MACK, Mr. SPECTER, Mr. DEWINE, Mr.
ASHCROFT, Mr. MCCONNELL, Mr. GORTON, Mr. HAGEL, Mr. BENNETT, Mr. GRAMS, Mr.
BROWNBACK, Mr. SMITH of Oregon, and Mr. WARNER) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
April 11, 2000
Reported by Mr. HATCH, with an amendment and an amendment to the title
[Strike out all after the enacting
clause and insert the part printed in italic]
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
[Struck out->]
SECTION 1. SHORT TITLE. [<-Struck out]
[Struck out->] This Act may be cited as
the `American Competitiveness in the Twenty-first Century Act of 2000'. [<-Struck
out]
[Struck out->]
SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS. [<-Struck out]
[Struck out->] In addition to the number
of aliens who may be issued visas or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the
following number of aliens may be issued such visas or otherwise provided such
status for each of the following fiscal years: [<-Struck out]
[Struck out->] (1) 80,000 for fiscal year
2000; [<-Struck out]
[Struck out->] (2) 87,500 for fiscal year
2001; and [<-Struck out]
[Struck out->] (3) 130,000 for fiscal year
2002. [<-Struck out]
[Struck out->]
SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE
RECIPIENTS. [<-Struck out]
[Struck out->] 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: [<-Struck out]
[Struck out->] `(5) The numerical
limitations contained in paragraph (1)(A)(iii) shall not apply to any
nonimmigrant alien issued a visa or otherwise provided status under section
101(a)(15)(H)(i)(b)-- [<-Struck out]
[Struck out->] `(A) who is employed (or
has received an offer of employment) at-- [<-Struck out]
[Struck out->] `(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 [<-Struck
out]
[Struck out->] `(ii) a nonprofit research
organization or a governmental research organization; or [<-Struck
out]
[Struck out->] `(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))).'. [<-Struck out]
[Struck out->] `(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), be counted
toward the numerical limitations contained in paragraph (1)(A)(iii) the first
time the alien is employed by an employer other than one described in paragraph
(5)(A).'. [<-Struck out]
[Struck out->]
SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED
IMMIGRANTS. [<-Struck out]
[Struck out->] (a) SPECIAL RULES- Section
202(a) (8 U.S.C. 1152(a)) is amended by adding at the end the following new
paragraph: [<-Struck out]
[Struck out->] `(5) RULES FOR
EMPLOYMENT-BASED IMMIGRANTS- [<-Struck out]
[Struck out->] `(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. [<-Struck out]
[Struck out->] `(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).'. [<-Struck
out]
[Struck out->] (b) CONFORMING AMENDMENTS- [<-Struck
out]
[Struck out->] (1) Section 202(a)(2) (8
U.S.C. 1152(a)(2)) is amended by striking `paragraphs (3) and (4)' and
inserting `paragraphs (3), (4), and (5)'. [<-Struck out]
[Struck out->] (2) Section 202(e)(3) (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'. [<-Struck out]
[Struck out->] (c) ONE-TIME PROTECTION
UNDER PER COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration
and Nationality Act, any alien who-- [<-Struck out]
[Struck out->] (1) is the beneficiary of a
petition filed under section 204(a) for a preference status under paragraph
(1), (2), or (3) of section 203(b); and [<-Struck out]
[Struck out->] (2) would be subject to the
per country limitations applicable to immigrants under those paragraphs but for
this subsection, [<-Struck out]
[Struck out->] 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. [<-Struck out]
[Struck out->]
SEC. 5. INCREASED PORTABILITY OF H-1B STATUS. [<-Struck out]
[Struck out->] (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: [<-Struck out]
[Struck out->] `(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, employment authorization shall
cease. [<-Struck out]
[Struck out->] `(2) A nonimmigrant alien
described in this paragraph is a nonimmigrant alien-- [<-Struck
out]
[Struck out->] `(A) who has been lawfully
admitted into the United States; [<-Struck out]
[Struck out->] `(B) on whose behalf an
employer has filed a nonfrivolous application for new employment or extension
of status before the date of expiration of the period of stay authorized by the
Attorney General; and [<-Struck out]
[Struck out->] `(C) who has not been
employed without authorization in the United States before or during the
pendency of such petition for new employment.'. [<-Struck out]
[Struck out->] (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. [<-Struck out]
[Struck out->]
SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY ADJUDICATIONS. [<-Struck
out]
[Struck out->] (a) EXEMPTION FROM LIMITATION-
The limitation contained in section 214(g)(4) of the Immigration and
Nationality Act 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 the Immigration and
Nationality Act on whose behalf a petition under section 204(b) to accord the
alien immigrant status under section 203(b), or an application for adjustment
of status under section 245 to accord the alien status under section 203(b),
has been filed, if 365 days or more have elapsed since the filing of a labor
certification application on the alien's behalf, if required for the alien to
obtain status under section 203(b), or the filing of the petition under section
204(b). [<-Struck out]
[Struck out->] (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. [<-Struck out]
[Struck out->]
SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR
2002. [<-Struck out]
[Struck out->] (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'. [<-Struck out]
[Struck out->] (b) FEE REQUIREMENTS-
Section 212(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(c)(9)(A))
is amended in the text above clause (i) by striking `October 1, 2001' and
inserting `October 1, 2002'. [<-Struck out]
[Struck out->] (c) 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'. [<-Struck out]
[Struck out->]
SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY. [<-Struck out]
[Struck out->] Section 214(g)(3) of the
Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as
follows: [<-Struck out]
[Struck out->] `(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.'. [<-Struck out]
[Struck out->]
SEC. 9. NSF STUDY AND REPORT ON THE `DIGITAL DIVIDE'. [<-Struck
out]
[Struck out->] (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.
[<-Struck out]
[Struck out->] (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). [<-Struck out]
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.
In addition to the number of
aliens who may be issued visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101 (a)(15)(H)(i)(b)), the following number of aliens may be issued such visas
or otherwise provided such status for each of the following fiscal years:
(1) 80,000 for fiscal year
2000;
(2) 87,500 for fiscal year
2001; and
(3) 130,000 for fiscal year
2002.
SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND
GRADUATE DEGREE RECIPIENTS.
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), be counted toward
the numerical limitations contained in paragraph (1)(A) the first time the
alien is employed by an employer other than one described in paragraph
(5)(A).'.
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, any alien who--
(1) is the beneficiary of a
petition filed under section 204(a) for a preference status under paragraph
(1), (2), or (3) of section 203(b); and
(2) would be subject to the
per country limitations applicable to immigrants under those paragraphs 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, employment 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 application for new employment or extension
of status before the date of expiration of the period of stay authorized by the
Attorney General; and
`(C) who has not been employed
without authorization in the United States before or during the pendency of
such petition for new employment.'.
(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. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY ADJUDICATIONS.
(a) EXEMPTION FROM LIMITATION-
The limitation contained in section 214(g)(4) of the Immigration and
Nationality Act 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 the Immigration and
Nationality Act on whose behalf a petition under section 204(b) to accord the
alien immigrant status under section 203(b), or an application for adjustment
of status under section 245 to accord the alien status under section 203(b),
has been filed, if 365 days or more have elapsed since the filing of a labor
certification application on the alien's behalf, if such certification is
required for the alien to obtain status under section 203(b), or if 365 days or
more have elapsed since the filing of the petition under 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) FEE REQUIREMENTS- Section
214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is
amended in the text above clause (i) by striking `October 1, 2001' and
inserting `October 1, 2002'.
(c) 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 `36.2 percent';
(2) in paragraph (3), by
striking `28.2 percent' and inserting `30.7 percent'; and
(3) in paragraph (4)(A), by
striking `4 percent' 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) NATIONAL SCIENCE FOUNDATION
GRANT PROGRAM- Section 286(s)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1356(s)) is amended to read as follows:
`(B) NATIONAL SCIENCE
FOUNDATION COMPETITIVE GRANT PROGRAM FOR K-12 MATH, SCIENCE AND TECHNOLOGY
EDUCATION- (i) 25.8 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 and/or matching grant
program to support private-public partnerships in K-12 education.
`(ii) 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; 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; involve partnerships of industry, educational
institutions, and community organizations to address the educational needs of
disadvantaged communities; and college preparatory support to expose and
prepare students for careers in science, mathematics, engineering, and
technology.'.
(d) REPORTING REQUIREMENTS-
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) The Secretary of the
Department 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. 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.
Amend the title to read as follows: `A bill to amend the Immigration and
Nationality Act with respect to H-1B nonimmigrant aliens, and to establish a
crime prevention and computer education initiative.'.
END
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