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[Congressional Record: September 22, 2000 (Senate)]
[Page S9037-S9088]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22se00-82]                         



 
                          AMENDMENTS SUBMITTED

                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 4177

  Mr. LOTT (for Mr. Abraham) proposed an amendment to the bill (S. 
2045) to amend the Immigration and Nationality Act with respect to H-1B 
nonimmigrant aliens; as follows:

       Strike all after the word ``section'' and insert the 
     following:

     1. SHORT TITLE.

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

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

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

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has received an offer of 
     employment) at--
       ``(i) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher degree from an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

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

     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

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

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status

[[Page S9038]]

     under section 245 of that Act to accord the alien status 
     under such section 203(b), has been filed, if 365 days or 
     more have elapsed since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

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

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

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

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants

[[Page S9039]]

     awarded to carry out programs and projects described in 
     paragraph (1)(A) shall be allocated as follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted one day after 
     effective date.

                                 ______
                                 

                        LOTT AMENDMENT NO. 4178

  Mr. LOTT proposed an amendment to amendment No. 4177 proposed by Mr. 
Lott (for Mr. Abraham) to the bill, S. 2045, supra; as follows:

       Strike all after the figure one and insert the following:

     SHORT TITLE.

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

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

       (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) by redesignating clause (v) as clause (vi); and

[[Page S9040]]

       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens who 
     are issued such a visa or provided such status during the 
     period beginning on the date on which the limitation in such 
     section 214(g)(1)(A)(ii) is reached and ending on September 
     30, 1999.
       (2) Effective date.--Paragraph (1) shall take effect as if 
     included in the enactment of section 411 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999; Public Law 105-277).

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has received an offer of 
     employment) at--
       ``(i) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher degree from an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

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

     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

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

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

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

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

       (a) Allocation of Funds.--Section 286(s) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(s)) is amended--
       (1) in paragraph (2), by striking ``56.3 percent'' and 
     inserting ``55 percent'';
       (2) in paragraph (3), by striking ``28.2 percent'' and 
     inserting ``23.5 percent'';

[[Page S9041]]

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

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the

[[Page S9042]]

     manner by which the partnership will provide non-Federal 
     matching resources (cash, or in-kind contributions, or both) 
     equal to at least 50 percent of the total grant amount 
     awarded under paragraph (2)(A)(i), and at least 100 percent 
     of the total grant amount awarded under paragraph (2)(A)(ii). 
     At least one-half of the non-Federal matching funds shall be 
     from the business or businesses or business-related nonprofit 
     organizations involved. Consideration in the award of grants 
     shall be given to applicants that provide a specific 
     commitment or commitments of resources from other public or 
     private sources, or both, so as to demonstrate the long-term 
     sustainability of the training program or project after the 
     grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.



     SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 2 days after effective 
     date.
                                 
                                 ______
                                 

                        LOTT AMENDMENT NO. 4179

  Mr. LOTT proposed an amendment to the instructions of the motion to 
recommit the bill, S. 2045, supra; as follows:

       At the end of the instructions add the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

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

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has received an offer of 
     employment) at--
       ``(i) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher degree from an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed.

[[Page S9043]]

     Where multiple petitions are approved for 1 alien, that alien 
     shall be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

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

     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

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

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

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

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

       (a) Allocation of Funds.--Section 286(s) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(s)) is amended--
       (1) in paragraph (2), by striking ``56.3 percent'' and 
     inserting ``55 percent'';
       (2) in paragraph (3), by striking ``28.2 percent'' and 
     inserting ``23.5 percent'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) National Science Foundation Competitive Grant Program 
     for K-12 Math, Science and Technology Education.--
       ``(A) In general.--15 percent of the amounts deposited into 
     the H-1B Nonimmigrant Petitioner Account shall remain 
     available to the Director of the National Science Foundation 
     until expended to carry out a direct or matching grant 
     program to support private-public partnerships in K-12 
     education.
       ``(B) Types of programs covered.--The Director shall award 
     grants to such programs, including those which support the 
     development and implementation of standards-based 
     instructional materials models and related student 
     assessments that enable K-12 students to acquire an 
     understanding of science, mathematics, and technology, as 
     well as to develop critical thinking skills; provide systemic 
     improvement in training K-12 teachers and education for 
     students in science, mathematics, and technology; support the 
     professional development of K-12 math and science teachers in 
     the used of technology in the classroom; stimulate system-
     wide K-12 reform of science, mathematics, and technology in 
     rural, economically disadvantaged regions of the United 
     States; provide externships and other opportunities for 
     students to increase their appreciation and understanding of 
     science, mathematics, engineering, and technology (including 
     summer institutes sponsored by an institution of higher 
     education for students in grades 7-12 that provide 
     instruction in such fields); involve partnerships of 
     industry, educational institutions, and community 
     organizations to address the educational needs of 
     disadvantaged communities; provide college preparatory 
     support to expose and prepare students for careers in 
     science, mathematics, engineering, and technology; and 
     provide for carrying out systemic reform activities under 
     section 3(a)(1) of this National Science Foundation Act of 
     1950 (42 U.S.C. 1862(a)(1)).'';
       (4) in paragraph (6), by striking ``6 percent'' and 
     inserting ``5 percent''; and
       (5) in paragraph (6), by striking ``3 percent'' each place 
     it appears and inserting ``2.5 percent''.
       (b) Low-Income Scholarship Program.--Section 414(d)(3) of 
     the American Competitiveness and Workforce Improvement Act of 
     1998 (as contained in title IV of division C of Public Law 
     105-277) is amended by striking ``$2,500 per year.'' and 
     inserting ``$3,125 per year. The Director may renew 
     scholarships for up to 4 years.''.
       (c) Reporting Requirement.--Section 414 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of Public Law 105-277) is 
     amended by adding at the end the following new subsection:
       ``(e) Reporting Requirement.--The Secretary of Labor and 
     the Director of the National Science Foundation shall--

[[Page S9044]]

       ``(1) track and monitor the performance of programs 
     receiving H-1B Nonimmigrant Fee grant money; and
       ``(2) not later than one year after the date of enactment 
     of this subsection, submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate--
       ``(A) the tracking system to monitor the performance of 
     programs receiving H-1B grant funding; and
       ``(B) the number of individuals who have completed training 
     and have entered the high-skill workforce through these 
     programs.''.

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

     SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.

[[Page S9045]]

       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 3 days after effective 
     date.
                                 

                        LOTT AMENDMENT NO. 4180

  Mr. LOTT proposed an amendment to amendment No. 4179 proposed by Mr. 
Lott to the bill, S. 2045, supra; as follows:

       Strike all after the word ``section'' and insert the 
     following:

     1. SHORT TITLE.

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

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

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

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has received an offer of 
     employment) at--
       ``(i) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher degree from an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

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

     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended by adding at the 
     end the following new subsection:
       ``(m)(1) A nonimmigrant alien described in paragraph (2) 
     who was previously issued a visa or otherwise provided 
     nonimmigrant

[[Page S9046]]

     status under section 101(a)(15)(H)(i)(b) is authorized to 
     accept new employment upon the filing by the prospective 
     employer of a new petition on behalf of such nonimmigrant as 
     provided under subsection (a). Employment authorization shall 
     continue for such alien until the new petition is 
     adjudicated. If the new petition is denied, such 
     authorization shall cease.
       ``(2) A nonimmigrant alien described in this paragraph is a 
     nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment before the date of expiration of 
     the period of stay authorized by the Attorney General; and
       ``(C) who has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed before, on, or after the date 
     of enactment of this Act.

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

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

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

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

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;

[[Page S9047]]

       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

     SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--

[[Page S9048]]

       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted 4 days after effective 
     date.



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