[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[House]
[Pages H6698-H6704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3736

                     Offered by: Mr. Smith of Texas

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO 
                   IMMIGRATION AND NATIONALITY ACT.

       (a) Short Title.--This Act may be cited as the ``Temporary 
     Access to Skilled Workers and H-1B Nonimmigrant Program 
     Improvement Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; amendments to Immigration and 
              Nationality Act.

           TITLE I--PROVISIONS RELATING TO H-1B NONIMMIGRANTS

Sec. 101. Temporary increase in access to temporary skilled personnel 
              under H-1B program.
Sec. 102. Protection against displacement of United States workers in 
              case of H-1B dependent employers.
Sec. 103. Changes in enforcement and penalties.
Sec. 104. Collection and use of H-1B nonimmigrant fees for State 
              student incentive grant programs and job training of 
              United States workers.
Sec. 105. Determinations on labor condition applications to be made by 
              Attorney General.
Sec. 106. Computation of prevailing wage level.
Sec. 107. Improving count of H-1B and H-2B nonimmigrants.
Sec. 108. Report on age discrimination in the information technology 
              field.
Sec. 109. Report on high-technology labor market needs.

 TITLE II--SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES

Sec. 201. Special immigrant status for certain NATO civilian employees.

                   TITLE III--MISCELLANEOUS PROVISION

Sec. 301. Academic honoraria.
       (c) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided in this Act, whenever in 
     this Act an amendment is expressed in terms of an amendment 
     to a section or other provision, the reference shall be 
     considered to be made to that section or other provision of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

           TITLE I--PROVISIONS RELATING TO H-1B NONIMMIGRANTS

     SEC. 101. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED 
                   PERSONNEL UNDER H-1B PROGRAM.

       (a) Temporary Increase in Skilled Nonimmigrant Workers.--
     Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is 
     amended to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
       ``(i) 65,000 in each fiscal year before fiscal year 1998;
       ``(ii) 85,000 in fiscal year 1998;
       ``(iii) 95,000 in fiscal year 1999;
       ``(iv) 105,000 in fiscal year 2000;
       ``(v) 115,000 in each of fiscal years 2001 and 2002; and
       ``(vi) 65,000 in each succeeding fiscal year.''.
       (b) Temporary Cap on Nonimmigrant, Nonphysician Health Care 
     Workers.--Section 214(g) (8 U.S.C. 1184(g)) is further 
     amended by adding at the end the following:
       ``(5) The total number of aliens described in section 
     212(a)(5)(C) who may be issued visas or otherwise provided 
     nonimmigrant status during each of fiscal years 1999, 2000, 
     2001, and 2002 under section 101(a)(15)(H)(i)(b) may not 
     exceed 7,500.''.
       (c) Effective Dates.--The amendment made by subsection (a) 
     applies beginning with fiscal year 1998 and the amendment 
     made by subsection (b) applies beginning with fiscal year 
     1999.

     SEC. 102. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES 
                   WORKERS IN CASE OF H-1B-DEPENDENT EMPLOYERS.

       (a) Protection Against Lay Off and Requirement for Prior 
     Recruitment of United States Workers.--
       (1) Additional statements on application.--Section 
     212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
     subparagraph (D) the following:
       ``(E)(i) In the case of an application described in clause 
     (ii), the employer did not displace and will not displace a 
     United States worker (as defined in paragraph (4)) employed 
     by the employer within the period beginning 90 days before 
     and ending 90 days after the date of filing of any visa 
     petition supported by the application.
       ``(ii) An application described in this clause is an 
     application filed on or after the date final regulations are 
     first promulgated to carry out this subparagraph (but not 
     earlier than October 1, 1998), and before October 1, 2002, by 
     an H-1B-dependent employer (as defined in paragraph (3)). An 
     application is not described in this clause if the only H-1B 
     nonimmigrants sought in the application are exempt H-1B 
     nonimmigrants.
       ``(F) In the case of an application described in 
     subparagraph (E)(ii), the employer will not place the 
     nonimmigrant with another employer (regardless of whether or 
     not such other employer is an H-1B-dependent employer) 
     where--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at one or more worksites owned, operated, or controlled by 
     such other employer; and
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer;

     unless the employer has inquired of the other employer as to 
     whether, and has no knowledge that, the other employer has 
     displaced or intends to displace a United States worker 
     employed by such other employer within the period beginning 
     90 days before and ending 90 days after the date of filing of 
     any visa petition supported by the application.
       ``(G)(i) In the case of an application described in 
     subparagraph (E)(ii), subject to

[[Page H6699]]

     clause (ii), the employer, prior to filing the application--
       ``(I) has taken good faith steps to recruit, in the United 
     States using procedures that meet industry-wide standards and 
     offering compensation that is at least as great as that 
     required to be offered to H-1B nonimmigrants under 
     subparagraph (A), United States workers for the job for which 
     the nonimmigrant or nonimmigrants is or are sought; and
       ``(II) has offered the job to any United States worker who 
     applies and is equally or better qualified for the job for 
     which the nonimmigrant or nonimmigrants is or are sought.
       ``(ii) The conditions described in clause (i) shall not 
     apply to an application filed with respect to the employment 
     of an H-1B nonimmigrant who is described in subparagraph (A), 
     (B), or (C) of section 203(b)(1).''.
       (2) Notice on application of potential liability of placing 
     employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is 
     amended by adding at the end the following: ``The application 
     form shall include a clear statement explaining the liability 
     under subparagraph (F) of a placing employer if the other 
     employer described in such subparagraph displaces a United 
     States worker as described in such subparagraph.''.
       (3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) 
     is further amended by adding at the end the following: 
     ``Nothing in subparagraph (G) shall be construed to prohibit 
     an employer from using selection standards normal or 
     customary to the type of job involved.''.
       (b) H-1B-Dependent Employer and Other Definitions.--
       (1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is 
     amended by adding at the end the following:
       ``(3)(A) For purposes of this subsection, the term `H-1B-
     dependent employer' means an employer that--
       ``(i) has at least 51 full-time equivalent employees who 
     are employed in the United States; and
       (ii) employs non-exempt H-1B nonimmigrants in a number that 
     is equal to at least 15 percent of the number of such full-
     time equivalent employees.
       ``(B) For purposes of this subsection--
       ``(i) the term `exempt H-1B nonimmigrant' means an H-1B 
     nonimmigrant who--
       ``(I) receives wages (including cash bonuses and similar 
     compensation) at an annual rate equal to at least $60,000; or
       ``(II) has attained a master's or higher degree (or its 
     equivalent) in a specialty related to the intended 
     employment; and
       ``(ii) the term `non-exempt H-1B nonimmigrant' means an H-
     1B nonimmigrant who is not an exempt H-1B nonimmigrant.
       ``(C) For purposes of subparagraph (A)--
       ``(i) in computing the number of full-time equivalent 
     employees, exempt H-1B nonimmigrants shall not be take into 
     account; and
       ``(ii) any group treated as a single employer under 
     subsection (b), (c), (m), or (o) of section 414 of the 
     Internal Revenue Code of 1986 shall be treated as a single 
     employer.
       ``(4) For purposes of this subsection:
       ``(A) The term `area of employment' means the area within 
     normal commuting distance of the worksite or physical 
     location where the work of the H-1B nonimmigrant is or will 
     be performed. If such worksite or location is within a 
     Metropolitan Statistical Area, any place within such area is 
     deemed to be within the area of employment.
       ``(B) In the case of an application with respect to one or 
     more H-1B nonimmigrants by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job that is 
     essentially the equivalent of the job for which the 
     nonimmigrant or nonimmigrants is or are sought. A job shall 
     not be considered to be essentially equivalent of another job 
     unless it involves essentially the same responsibilities, was 
     held by a United States worker with substantially equivalent 
     qualifications and experience, and is located in the same 
     area of employment as the other job.
       ``(C) The term `H-1B nonimmigrant' means an alien admitted 
     or provided status as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b).
       ``(D) The term `lays off', with respect to a worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in subparagraph 
     (E) or (F) of paragraph (1)); but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under paragraph (1)(F), with either employer described in 
     such paragraph) at equivalent or higher compensation and 
     benefits as the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(E) The term `United States worker' means an employee 
     who--
       ``(i) is a citizen or national of the United States; or
       ``(ii) is an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, or is 
     granted asylum under section 208.''.
       (2) Conforming amendments.--Section 212(n)(1) (8 U.S.C. 
     1182(n)(1)) is amended by striking ``a nonimmigrant described 
     in section 101(a)(15)(H)(i)(b)'' each place it appears and 
     inserting ``an H-1B nonimmigrant''.
       (c) Improved Posting of Notice of Application.--Section 
     212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to 
     read as follows:
       ``(ii) if there is no such bargaining representative, has 
     provided notice of filing in the occupational classification 
     through such methods as physical posting in conspicuous 
     locations at the place of employment or electronic 
     notification to employees in the occupational classification 
     for which H-1B nonimmigrants are sought.''.
       (d) Effective Dates.--The amendments made by subsections 
     (a) and (c) apply to applications filed under section 
     212(n)(1) of the Immigration and Nationality Act on or after 
     the date final regulations are issued to carry out such 
     amendments (but not earlier than October 1, 1998), and the 
     amendments made by subsection (b) take effect on the date of 
     the enactment of this Act.
       (e) Reduction of Period for Public Comment.--In first 
     promulgating regulations to implement the amendments made by 
     this section in a timely manner, the Secretary of Labor and 
     the Attorney General may reduce to not less than 30 days the 
     period of public comment on proposed regulations.

     SEC. 103. CHANGES IN ENFORCEMENT AND PENALTIES.

       (a) Increased Enforcement and Penalties.--Section 
     212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as 
     follows:
       ``(C)(i) If the Secretary finds, after notice and 
     opportunity for a hearing, a failure to meet a condition of 
     paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to 
     meet a condition of paragraph (1)(C), (1)(D), or 
     (1)(G)(i)(I), or a misrepresentation of material fact in an 
     application--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $1,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 1 year for aliens to be 
     employed by the employer.
       ``(ii) If the Secretary finds, after notice and opportunity 
     for a hearing, a willful failure to meet a condition of 
     paragraph (1), a willful misrepresentation of material fact 
     in an application, or a violation of clause (iv)--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $5,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 1 year for aliens to be 
     employed by the employer.
       ``(iii) If the Secretary finds, after notice and 
     opportunity for a hearing, a willful failure to meet a 
     condition of paragraph (1) or a willful misrepresentation of 
     material fact in an application, in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer within the period 
     beginning 90 days before and ending 90 days after the date of 
     filing of any visa petition supported by the application--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $25,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 2 years for aliens to be 
     employed by the employer.
       ``(iv) It is a violation of this clause for an employer who 
     has filed an application under this subsection to intimidate, 
     threaten, restrain, coerce, blacklist, discharge, or in any 
     other manner discriminate against an employee (which term, 
     for purposes of this clause, includes a former employee and 
     an applicant for employment) because the employee has 
     disclosed information to the employer, or to any other 
     person, that the employee reasonably believes evidences a 
     violation of this subsection, or any rule or regulation 
     pertaining to this subsection, or because the employee 
     cooperates or seeks to cooperate in an investigation or other 
     proceeding concerning the employer's compliance with the 
     requirements of this subsection or any rule or regulation 
     pertaining to this subsection.
       ``(v) The Secretary of Labor and the Attorney General shall 
     devise a process under which an H-1B nonimmigrant who files a 
     complaint regarding a violation of clause (iv) and is 
     otherwise eligible to remain and work in the United States 
     may be allowed to seek other appropriate employment in the 
     United States for a period (not to exceed the duration of the 
     alien's authorized admission as such an nonimmigrant).''.
       (b) Use of Arbitration Process for Disputes Involving 
     Qualifications of United States Workers Not Hired.--
       (1) In general.--Section 212(n) (8 U.S.C. 1182(n)(2)) is 
     amended by adding at the end the following:

[[Page H6700]]

       ``(5)(A) This paragraph shall apply instead of 
     subparagraphs (A) through (E) of paragraph (2) in the case of 
     a violation described in subparagraph (B).
       ``(B) The Commissioner shall establish a process for the 
     receipt, initial review, and disposition in accordance with 
     this paragraph of complaints respecting an employer's failure 
     to meet the condition of paragraph (1)(G)(i)(II) or a 
     petitioner's misrepresentation of material facts with respect 
     to such condition. Complaints may be filed by an aggrieved 
     individual who has submitted a resume or otherwise applied in 
     a reasonable manner for the job that is the subject of the 
     condition. No proceeding shall be conducted under this 
     paragraph on a complaint concerning such a failure or 
     misrepresentation unless the Commissioner determines that the 
     complaint was filed not later than 12 months after the date 
     of the failure or misrepresentation, respectively.
       ``(C) If the Commissioner finds that a complaint has been 
     filed in accordance with subparagraph (B) and there is 
     reasonable cause to believe that such a failure or 
     misrepresentation described in such complaint has occurred, 
     the Commissioner shall initiate binding arbitration 
     proceedings by requesting the Federal Mediation and 
     Conciliation Service to appoint an arbitrator from the roster 
     of arbitrators maintained by such Service. The procedure and 
     rules of such Service shall be applicable to the selection of 
     such arbitrator and to such arbitration proceedings. The 
     Commissioner shall pay the fee and expenses of the 
     arbitrator.
       ``(D)(i) The arbitrator shall make findings respecting 
     whether a failure or misrepresentation described in 
     subparagraph (B) occurred. If the arbitrator concludes that 
     failure or misrepresentation was willful, the arbitrator 
     shall make a finding to that effect. The arbitrator may not 
     find such a failure or misrepresentation (or that such a 
     failure or misrepresentation was willful) unless the 
     complainant demonstrates such a failure or misrepresentation 
     (or its willful character) by clear and convincing evidence. 
     The arbitrator shall transmit the findings in the form of a 
     written opinion to the parties to the arbitration and the 
     Commissioner. Such findings shall be final and conclusive, 
     and, except as provided in this subparagraph, no official or 
     court of the United States shall have power or jurisdiction 
     to review any such findings.
       ``(ii) The Commissioner may review and reverse or modify 
     the findings of an arbitrator only on the same bases as an 
     award of an arbitrator may be vacated or modified under 
     section 10 or 11 of title 9, United States Code.
       ``(iii) With respect to the findings of an arbitrator, a 
     court may review only the actions of the Commissioner under 
     clause (ii) and may set aside such actions only on the 
     grounds described in subparagraph (A), (B), or (C) of section 
     706(a)(2) of title 5, United States Code. Notwithstanding any 
     other provision of law, such judicial review may only be 
     brought in an appropriate United States Court of Appeals.
       ``(E) If the Commissioner receives a finding of an 
     arbitrator under this paragraph that an employer has failed 
     to meet the condition of paragraph (1)(G)(i)(II) or has 
     misrepresented a material fact with respect to such 
     condition, unless the Commissioner reverses or modifies the 
     finding under subparagraph (D)(ii)--
       ``(i) the Commissioner may impose administrative remedies 
     (including civil monetary penalties in an amount not to 
     exceed $1,000 per violation or $5,000 per violation in the 
     case of a willful failure or misrepresentation) as the 
     Commissioner determines to be appropriate; and
       ``(ii) the Attorney General is authorized to not approve 
     petitions filed with respect to that employer under section 
     204 or 214(c) during a period of not more than 1 year for 
     aliens to be employed by the employer.''.
       (2) Conforming amendment.--The first sentence of section 
     202(n)(2)(A) (8 U.S.C. 1152(n)(2)(A)) is amended by striking 
     ``The Secretary'' and inserting ``Subject to paragraph 
     (5)(A), the Secretary''.
       (c) Liability of Petitioning Employer in Case of Placement 
     of H-1B Nonimmigrant With Another Employer.--Section 
     212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at the 
     end the following:
       ``(E) If an H-1B-dependent employer places a non-exempt H-
     1B nonimmigrant with another employer as provided under 
     paragraph (1)(F) and the other employer has displaced or 
     displaces a United States worker employed by such other 
     employer during the period described in such paragraph, such 
     displacement shall be considered for purposes of this 
     paragraph a failure, by the placing employer, to meet a 
     condition specified in an application submitted under 
     paragraph (1); except that the Attorney General may impose a 
     sanction described in subclause (II) of subparagraph (C)(i), 
     (C)(ii), or (C)(iii) only if the Secretary of Labor found 
     that such placing employer--
       ``(i) knew or had reason to know of such displacement at 
     the time of the placement of the nonimmigrant with the other 
     employer, or
       ``(ii) has been subject to a sanction under this 
     subparagraph based upon a previous placement of an H-1B 
     nonimmigrant with the same other employer.''.
       (d) Spot Investigations During Probationary Period.--
     Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
     subsection (c), is further amended by adding at the end the 
     following:
       ``(F) The Secretary may, on a case-by-case basis, subject 
     an employer to random investigations for a period of up to 5 
     years, beginning on the date that the employer is found by 
     the Secretary to have committed a willful failure to meet a 
     condition of paragraph (1) (or has been found under paragraph 
     (5) to have committed a willful failure to meet the condition 
     of paragraph (1)(G)(i)(II)) or to have made a willful 
     misrepresentation of material fact in an application. The 
     preceding sentence shall apply to an employer regardless of 
     whether or not the employer is an H-1B-dependent employer. 
     The authority of the Secretary under this subparagraph shall 
     not be construed to be subject to, or limited by, the 
     requirements of subparagraph (A).''.

     SEC. 104. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR 
                   STATE STUDENT INCENTIVE GRANT PROGRAMS AND JOB 
                   TRAINING OF UNITED STATES WORKERS.

       (a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) 
     is amended by adding at the end the following:
       ``(9)(A) The Attorney General shall impose a fee on an 
     employer (excluding an employer described in subparagraph (A) 
     or (B) of section 212(p)(1)) as a condition for the approval 
     of a petition filed on or after October 1, 1998, and before 
     October 1, 2002, under paragraph (1) to grant an alien 
     nonimmigrant status described in section 101(a)(15)(H)(i)(b). 
     The amount of the fee shall be $250 for each such 
     nonimmigrant.
       ``(B) Fees collected under this paragraph shall be 
     deposited in the Treasury in accordance with section 286(t).
       ``(C)(i) An employer may not require an alien who is the 
     subject of the petition for which a fee is imposed under this 
     paragraph to reimburse, or otherwise compensate, the employer 
     for part or all of the cost of such fee,
       ``(ii) Section 274A(g)(2) shall apply to a violation of 
     clause (i) in the same manner as it applies to a violation of 
     section 274A(g)(1).''.
       (b) Establishment of Account; Use of Fees.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(t) H-1B Nonimmigrant Petitioner Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account which shall be known as 
     the `H-1B Nonimmigrant Petitioner Account'. Notwithstanding 
     any other section of this title, there shall be deposited as 
     offsetting receipts into the account all fees collected under 
     section 214(c)(9).
       ``(2) Use of half of fees by secretary of education for 
     higher education grants.--Fifty percent of the amounts 
     deposited into the H-1B Nonimmigrant Petitioner Account shall 
     remain available until expended to the Secretary of Education 
     for additional allotments to States under subpart 4 of 
     chapter 8 of title IV of the Higher Education Act of 1965 but 
     only for the purpose of assisting States in providing grants 
     to eligible students enrolled in a program of study leading 
     to a degree in mathematics, computer science, or engineering.
       ``(3) Use of half of fees by secretary of labor for job 
     training.--Fifty percent of amounts deposited into the 
     deposits into such Account shall remain available until 
     expended to the Secretary of Labor for demonstration programs 
     described in section 104(d) of the Temporary Access to 
     Skilled Workers and H-1B Nonimmigrant Program Improvement Act 
     of 1998.''.
       (c) Conforming Modification of Application Requirements for 
     State Student Incentive Grant Program.--Section 415C(b) of 
     the Higher Education Act of 1965 (20 U.S.C. 1070c-2(b)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) provides that any portion of the allotment to the 
     State for each fiscal year that derives from funds made 
     available under section 286(t)(2) of the Immigration and 
     Nationality Act shall be expended for grants described in 
     paragraph (2)(A) to students enrolled in a program of study 
     leading to a degree in mathematics, computer science, or 
     engineering.''.
       (d) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.
       (1) In general.--Subject to paragraph (3), in establishing 
     demonstration programs under section 452(c) of the Job 
     Training Partnership Act (29 U.S.C. 1732(c)), as in effect on 
     the date of enactment of this Act, or demonstration programs 
     or projects under a successor Federal law, the Secretary of 
     Labor shall establish demonstration programs or projects to 
     provide technical skills training for workers, including both 
     employed and unemployed workers.
       (2) Grants.--Subject to paragraph (3), the Secretary of 
     Labor shall award grants to carry out the programs and 
     projects described in paragraph (1) to--
       (A)(i) private industry councils established under section 
     102 of the Job Training Partnership Act (29 U.S.C. 1512), as 
     in effect on the date of enactment of this Act; or
       (ii) local boards that will carry out such programs or 
     projects through one-stop delivery systems established under 
     a successor Federal law; or
       (B) regional consortia of councils or local boards 
     described in subparagraph (A).
       (3) Limitation.--The Secretary of Labor shall establish 
     programs and projects under paragraph (1), including awarding 
     grants to carry out such programs and projects under

[[Page H6701]]

     paragraph (2), only with funds made available under section 
     286(t)(3) of the Immigration and Nationality Act, and not 
     with funds made available under the Job Training Partnership 
     Act or a successor Federal law.

     SEC. 105. DETERMINATIONS ON LABOR CONDITION APPLICATIONS TO 
                   BE MADE BY ATTORNEY GENERAL.

       (a) In General.--Section 101(a)(15)(H)(i)(b) (8 U.S.C. 
     1101(a)(15)(H)(i)(b)) is amended by striking ``with respect 
     to whom'' and all that follows through ``with the Secretary'' 
     and inserting ``with respect to whom the Attorney General 
     determines that the intending employer has filed with the 
     Attorney General''.
       (b) Conforming Amendments.--Section 212(n) (8 U.S.C. 
     1182(n)) is amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``unless the employer has filed with the 
     Secretary of Labor'' and inserting ``unless the employer has 
     filed with the Attorney General'';
       (2) in paragraph (1), in the matter following subparagraph 
     (D)--
       (A) by striking ``The Secretary shall compile'' and 
     inserting ``The Secretary of Labor shall compile'';
       (B) by striking ``The Secretary shall make such list 
     available'' and inserting ``The Secretary of Labor shall make 
     such list available'';
       (C) by striking ``The Secretary of Labor shall review such 
     an application'' and inserting ``The Attorney General shall 
     review such an application'';
       (D) by amending the last sentence to read as follows: ``The 
     Attorney General shall treat such an application as being 
     filed for purposes of section 101(a)(15)(H)(i)(b) unless the 
     Attorney General finds that the application is incomplete or 
     obviously inaccurate within 7 days of the date of its 
     filing.''; and
       (E) by adding at the end the following: ``The employer 
     shall file the application with the employer's petition for a 
     nonimmigrant visa for the alien under section 214(c)(1), and 
     the Attorney General shall transmit a copy of such 
     application to the Secretary of Labor.''; and
       (3) in the first sentence of paragraph (2)(A), by striking 
     ``The Secretary shall establish a process'' and inserting 
     ``The Secretary of Labor shall establish a process''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to applications filed on or after such date (not 
     later than April 1, 1999) as the Secretary of Labor and the 
     Attorney General shall publish, at least 30 days in advance 
     of such date, in the Federal Register.

     SEC. 106. COMPUTATION OF PREVAILING WAGE LEVEL.

       (a) In General.--Section 212 (8 U.S.C. 1182) is amended by 
     adding at the end the following:
       ``(p)(1) In computing the prevailing wage level for an 
     occupational classification in an area of employment for 
     purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the 
     case of an employee of--
       ``(A) an institution of higher education (as defined in 
     section 1201(a) of the Higher Education Act of 1965), or a 
     related or affiliated nonprofit entity; or
       ``(B) a nonprofit research organization or a Governmental 
     research organization;

     the prevailing wage level shall only take into account 
     employees at such institutions and organizations in the area 
     of employment.
       ``(2) With respect to a professional athlete (as defined in 
     subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
     covered by professional sports league rules or regulations, 
     the wage set forth in those rules or regulations shall be 
     considered as not adversely affecting the wages of United 
     States workers similarly employed and be considered the 
     prevailing wage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to prevailing wage computations made for applications 
     filed on or after the date of the enactment of this Act.

     SEC. 107. IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS.

       (a) Ensuring Accurate Count.--The Attorney General shall 
     take such steps as are necessary to maintain an accurate 
     count of the number of aliens subject to the numerical 
     limitations of section 214(g)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(1)) who are issued visas or 
     otherwise provided nonimmigrant status.
       (b) Revision of Petition Forms.--The Attorney General shall 
     take such steps as are necessary to revise the forms used for 
     petitions for visas or nonimmigrant status under clause 
     (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure 
     that the forms provide the Attorney General with sufficient 
     information to permit the Attorney General accurately to 
     count the number of aliens subject to the numerical 
     limitations of section 214(g)(1) of such Act (8 U.S.C. 
     1184(g)(1)) who are issued visas or otherwise provided 
     nonimmigrant status.
       (c) Reports.--Beginning with fiscal year 1999, the Attorney 
     General shall provide to the Congress--
       (1) on a quarterly basis a report on the numbers of 
     individuals who were issued visas or otherwise provided 
     nonimmigrant status during the preceding 3-month period under 
     section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)); and
       (2) on an annual basis a report on the countries of origin 
     and occupations of, educational levels attained by, and 
     compensation paid to, individuals issued visas or provided 
     nonimmigrant status under such sections during such period.

     Each report under paragraph (2) shall include the number of 
     individuals described in paragraph (1) during the year who 
     were issued visas pursuant to petitions filed by institutions 
     or organizations described in section 212(p)(1) of such Act 
     (as added by section 106 of this title).

     SEC. 108. REPORT ON AGE DISCRIMINATION IN THE INFORMATION 
                   TECHNOLOGY FIELD.

       (a) Study.--The Director of the Congressional Research 
     Division of the Library of Congress shall enter into a 
     contract with an appropriate entity to conduct a study 
     assessing age discrimination in the information technology 
     field. The study shall consider the following:
       (1) The prevalence of age discrimination in the information 
     technology workplace.
       (2) The extent to which there is a difference, based on 
     age, in--
       (A) promotion and advancement,
       (B) working hours,
       (C) telecommuting,
       (D) salary, and
       (E) stock options, bonuses, and other benefits.
       (3) The relationship between rates of advancement, 
     promotion, and compensation to experience, skill level, 
     education, and age.
       (4) Differences in skill level on the basis of age.
       (b) Report.--Not later than October 1, 2000, such Director 
     shall submit to the Committees on the Judiciary of the United 
     States House of Representatives and the Senate a report 
     containing the results of the study described in subsection 
     (a).

     SEC. 109. REPORT ON HIGH-TECHNOLOGY LABOR MARKET NEEDS.

       (a) Study.--The National Science Foundation shall conduct a 
     study to assess labor market needs for workers with high 
     technology skills during the next 10 years. The study shall 
     investigate and analyze the following:
       (1) Future training and education needs of companies in the 
     high technology and information technology sectors and future 
     training and education needs of United States students to 
     ensure that students' skills at various levels are matched to 
     the needs in such sectors.
       (2) An analysis of progress made by educators, employers, 
     and government entities to improve the teaching and 
     educational level of American students in the fields of math, 
     science, computer, and engineering since 1998.
       (3) An analysis of the number of United States workers 
     currently or projected to work overseas in professional, 
     technical, and managerial capacities.
       (4) The relative achievement rates of United States and 
     foreign students in secondary school in a variety of 
     subjects, including math, science, computer science, English, 
     and history.
       (5) The relative performance, by subject area, of United 
     States and foreign students in postsecondary and graduate 
     schools as compared to secondary schools.
       (6) The needs of the high-technology sector for foreign 
     workers with specific skills and the potential benefits and 
     costs to United States employers, workers, consumers, 
     postsecondary educational institutions, and the United States 
     economy, from the entry of skilled foreign professionals in 
     the fields of science and engineering.
       (7) The needs of the high-technology sector to adapt 
     products and services for export to particular local markets 
     in foreign countries.
       (8) An examination of the amount and trend of moving the 
     production or performance of products and services now 
     occurring in the United States abroad.
       (b) Report.--Not later than October 1, 2000, the National 
     Science Foundation shall submit to the Committees on the 
     Judiciary of the United States House of Representatives and 
     the Senate a report containing the results of the study 
     described in subsection (a).
       (c) Involvement.--The study under subsection (a) shall be 
     conducted in a manner that assures the participation of 
     individuals representing a variety of points of view.

 TITLE II--SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES

     SEC. 201. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN 
                   EMPLOYEES.

       (a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (J),
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or'', and
       (3) by adding at the end the following new subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference to the North 
     Atlantic Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty, 
     or as a dependent); and

[[Page H6702]]

       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the Temporary 
     Access to Skilled Workers and H-1B Nonimmigrant Program 
     Improvement Act of 1998.''.
       (b) Conforming Nonimmigrant Status for Certain Parents of 
     Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 
     1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)'', and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)''.

                   TITLE III--MISCELLANEOUS PROVISION

     SEC. 301. ACADEMIC HONORARIA.

       (a) In General.--Section 212 (8 U.S.C. 1182), as amended by 
     section 106, is further amended by adding at the end the 
     following:
       ``(q) Any alien admitted under section 101(a)(15)(B) may 
     accept an honorarium payment and associated incidental 
     expenses for a usual academic activity or activities (lasting 
     not longer than 9 days at any single institution), as defined 
     by the Attorney General in consultation with the Secretary of 
     Education, if such payment is offered by institution or 
     organization described in subsection (p)(1) and is made for 
     services conducted for the benefit of that institution or 
     entity and if the alien has not accepted such payment or 
     expenses from more than 5 institutions or organizations in 
     the previous 6-month period.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to activities occurring on or after the date of 
     the enactment of this Act.

                               H.R. 4276

                        Offered By: Mr. Callahan

       Amendment No. 28: Page 53, line 6, after the dollar amount 
     insert ``(reduced by $20,000,000)''.

                               H.R. 4276

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 29: Page 38, after line 9, insert the 
     following:


         prohibition on handgun transfer without locking device

       Sec. 112. (a) In General.--Section 922 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(y)(1) It shall be unlawful for any person to transfer a 
     handgun to another person unless a locking device is attached 
     to, or an integral part of, the handgun, or is sold or 
     delivered to the transferee as part of the transfer.
       ``(2) Paragraph (1) shall not apply to the transfer of a 
     handgun to the United States, or any department or agency of 
     the United States, or a State, or a department, agency, or 
     political subdivision of a State.''.
       (b) Locking Device Defined.--Section 921(a) of such title 
     is amended by adding at the end the following:
       ``(34) The term `locking device' means a device which, 
     while attached to or part of a firearm, prevents the firearm 
     from being discharged, and which can be removed or 
     deactivated by means of a key or a mechanically, 
     electronically, or electro-mechanically operated combination 
     lock.''.

                               H.R. 4276

                        Offered By: Mr. Metcalf

       Amendment No. 30: Page 38, after line 9, insert the 
     following:
       Sec. 112. Section 110 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
     repealed.

                               H.R. 4276

                        Offered By: Mr. Metcalf

       Amendment No. 31: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

       Sec. 901. None of the funds made available in this Act may 
     be used to carry out section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note).

                               H.R. 4276

                   Offered by: Ms. Millender-McDonald

       Amendment No. 32: Page 101, line 21 insert ``(increased by 
     $250,000 to be used for the National Women's Business Council 
     as authorized by section 409 of the Women's Business 
     Ownership Act of 1988 (15 U.S.C. 631 note)'' after the dollar 
     amount.

                               H.R. 4276

                      Offered by: Mr. Scarborough

       Amendment No. 33: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

       Sec. 901. None of the funds appropriated to the Federal 
     Communications Commission in this Act may be used by the 
     Commission for implementing or enforcing the requirements for 
     telecommunications carriers to contribute to support 
     mechanisms to provide services to schools, libraries, and 
     health care providers under section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)).

                               H.R. 4276

                        Offered by: Mr. Stearns

       Amendment No. 34: Page 78, line 19, strike 
     ``$475,000,000,'' and insert ``$365,800,000,''.

                               H.R. 4276

                        Offered By: Mr. Stearns

       Amendment No. 35: Page 124, after line 2, add the following 
     new title:

                TITLE IX--INTERNET GAMBLING PROHIBITION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Internet Gambling 
     Prohibition Act of 1998''.

     SEC. 902. DEFINITIONS.

       Section 1081 of title 18, United States Code, is amended--
       (1) in the matter immediately following the colon, by 
     designating the first 5 undesignated paragraphs as paragraphs 
     (1) through (5), respectively, and indenting each paragraph 2 
     ems to the right; and
       (2) by adding at the end the following:
       ``(6) Bets or wagers.--The term `bets or wagers'--
       ``(A) means the staking or risking by any person of 
     something of value upon the outcome of a contest of others, 
     sporting event of others, or of any game of chance, upon an 
     agreement or understanding that the person or another person 
     will receive something of value based on that outcome;
       ``(B) includes the purchase of a chance or opportunity to 
     win a lottery or other prize (which opportunity to win is 
     predominantly subject to chance);
       ``(C) includes any scheme of a type described in section 
     3702 of title 28, United States Code; and
       ``(D) does not include--
       ``(i) a bona fide business transaction governed by the 
     securities laws (as that term is defined in section 3(a)(47) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)(47))) for the purchase or sale at a future date of 
     securities (as that term is defined in section 3(a)(10) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
       ``(ii) a transaction on or subject to the rules of a 
     contract market designated pursuant to section 5 of the 
     Commodity Exchange Act (7 U.S.C. 7);
       ``(iii) a contract of indemnity or guarantee;
       ``(iv) a contract for life, health, or accident insurance; 
     or
       ``(v) participation in a game or contest, otherwise lawful 
     under applicable Federal or State law--

       ``(I) that, by its terms or rules, is not dependent on the 
     outcome of any single sporting event, any series or sporting 
     events, any tournament, or the individual performance of 1 or 
     more athletes or teams in a single sporting event;
       ``(II) in which the outcome is determined by accumulated 
     statistical results of games or contests involving the 
     performances of amateur or professional athletes or teams; 
     and
       ``(III) in which the winner or winners may receive a prize 
     or award;

     (otherwise known as a `fantasy sport league' or a `rotisserie 
     league') if such participation is without charge to the 
     participant or any charge to a participant is limited to a 
     reasonable administrative fee.
       ``(7) Foreign jurisdiction.--The term `foreign 
     jurisdiction' means a jurisdiction of a foreign country or 
     political subdivision thereof.
       ``(8) Information assisting in the placing of a bet or 
     wager.--The term `information assisting in the placing of a 
     bet or wager'--
       ``(A) means information that is intended by the sender or 
     recipient to be used by a person engaged in the business of 
     betting or wagering to accept or place a bet or wager; and
       ``(B) does not include--
       ``(i) information concerning parimutuel pools that is 
     exchanged between or among 1 or more racetracks or other 
     parimutuel wagering facilities licensed by the State or 
     approved by the foreign jurisdiction in which the facility is 
     located, and 1 or more parimutuel wagering facilities 
     licensed by the State or approved by the foreign jurisdiction 
     in which the facility is located, if that information is used 
     only to conduct common pool parimutuel pooling under 
     applicable law;
       ``(ii) information exchanged between or among 1 or more 
     racetracks or other parimutuel wagering facilities licensed 
     by the State or approved by the foreign jurisdiction in which 
     the facility is located, and a support service located in 
     another State or foreign jurisdiction, if the information is 
     used only for processing bets or wagers made with that 
     facility under applicable law;
       ``(iii) information exchanged between or among 1 or more 
     wagering facilities that are located within a single State 
     and are licensed and regulated by that State, and any support 
     service, wherever located, if the information is used only 
     for the pooling or processing of bets or wagers made by or 
     with the facility or facilities under applicable State law;
       ``(iv) any news reporting or analysis of wagering activity, 
     including odds, racing or event results, race and event 
     schedules, or categories of wagering; or
       ``(v) any posting or reporting of any educational 
     information on how to make a bet or wager or the nature of 
     betting or wagering.''.

     SEC. 903. PROHIBITION ON INTERNET GAMBLING.

       (a) In General.--Chapter 50 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1085. Internet gambling

       ``(a) Definitions.--In this section:
       ``(1) Closed-loop subscriber-based service.--The term 
     `closed-loop subscriber-based

[[Page H6703]]

     service' means any information service or system that uses--
       ``(A) a device or combination of devices--
       ``(i) expressly authorized and operated in accordance with 
     the laws of a State for the purposes described in subsection 
     (e); and
       ``(ii) by which a person located within a State must 
     subscribe to be authorized to place, receive, or otherwise 
     make a bet or wager, and must be physically located within 
     that State in order to be authorized to do so;
       ``(B) a customer verification system to ensure that all 
     applicable Federal and State legal and regulatory 
     requirements for lawful gambling are met; and
       ``(C) appropriate data security standards to prevent 
     unauthorized access.
       ``(2) Gambling business.--The term `gambling business' 
     means a business that is conducted at a gambling 
     establishment, or that--
       ``(A) involves--
       ``(i) the placing, receiving, or otherwise making of bets 
     or wagers; or
       ``(ii) offers to engage in placing, receiving, or otherwise 
     making bets or wagers;
       ``(B) involves 1 or more persons who conduct, finance, 
     manage, supervise, direct, or own all or part of such 
     business; and
       ``(C) has been or remains in substantially continuous 
     operation for a period in excess of 10 days or has a gross 
     revenue of $2,000 or more during any 24-hour period.
       ``(3) Interactive computer service.--The term `interactive 
     computer service' means any information service, system, or 
     access software provider that uses a public communication 
     infrastructure or operates in interstate or foreign commerce 
     to provide or enable computer access by multiple users to a 
     computer server, including specifically a service or system 
     that provides access to the Internet.
       ``(4) Internet.--The term `Internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(5) Person.--The term `person' means any individual, 
     association, partnership, joint venture, corporation, State 
     or political subdivision thereof, department, agency, or 
     instrumentality of a State or political subdivision thereof, 
     or any other government, organization, or entity.
       ``(6) Private network.--The term `private network' means a 
     communications channel or channels, including voice or 
     computer data transmission facilities, that use either--
       ``(A) private dedicated lines; or
       ``(B) the public communications infrastructure, if the 
     infrastructure is secured by means of the appropriate private 
     communications technology to prevent unauthorized access.
       ``(7) State.--The term `State' means a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or a commonwealth, territory, or possession of the 
     United States.
       ``(b) Gambling.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person knowingly to use the Internet or any 
     other interactive computer service--
       ``(A) to place, receive, or otherwise make a bet or wager 
     with any person; or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager with the intent to send, 
     receive, or invite information assisting in the placing of a 
     bet or wager.
       ``(2) Penalties.--A person who violates paragraph (1) shall 
     be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) three times the greater of--

       ``(I) the total amount that the person is found to have 
     wagered through the Internet or other interactive computer 
     service; or
       ``(II) the total amount that the person is found to have 
     received as a result of such wagering; or

       ``(ii) $500;
       ``(B) imprisoned not more than 3 months; or
       ``(C) both.
       ``(c) Gambling Businesses.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person engaged in a gambling business 
     knowingly to use the Internet or any other interactive 
     computer service--
       ``(A) to place, receive, or otherwise make a bet or wager; 
     or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager.
       ``(2) Penalties.--A person engaged in a gambling business 
     who violates paragraph (1) shall be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) the amount that such person received in bets or 
     wagers as a result of engaging in that business in violation 
     of this subsection; or
       ``(ii) $20,000;
       ``(B) imprisoned not more than 4 years; or
       ``(C) both.
       ``(d) Permanent Injunctions.--Upon conviction of a person 
     under this section, the court may, as an additional penalty, 
     enter a permanent injunction enjoining the transmission of 
     bets or wagers or information assisting in the placing of a 
     bet or wager.
       ``(e) Exceptions.--
       ``(1) In general.--Subject to paragraph (2), the 
     prohibitions in this section shall not apply to any--
       ``(A) otherwise lawful bet or wager that is placed, 
     received, or otherwise made wholly intrastate for a State 
     lottery or a racing or parimutuel activity, or a multi-State 
     lottery operated jointly between 2 or more States in 
     conjunction with State lotteries, (if the lottery or activity 
     is expressly authorized, and licensed or regulated, under 
     applicable Federal or State law) on--
       ``(i) an interactive computer service that uses a private 
     network, if each person placing or otherwise making that bet 
     or wager is physically located at a facility that is open to 
     the general public; or
       ``(ii) a closed-loop subscriber-based service that is 
     wholly intrastate; or
       ``(B) otherwise lawful bet or wager for class II or class 
     III gaming (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)) that is placed, received, or 
     otherwise made on a closed-loop subscriber-based service or 
     an interactive computer service that uses a private network, 
     if--
       ``(i) each person placing, receiving, or otherwise making 
     that bet or wager is physically located on Indian land; and
       ``(ii) all games that constitute class III gaming are 
     conducted in accordance with an applicable Tribal-State 
     compact entered into under section 11(d) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701(d)) by a State in which each 
     person placing, receiving, or otherwise making that bet or 
     wager is physically located.
       ``(2) Inapplicability of exception to bets or wagers made 
     by agents or proxies.--An exception under subparagraph (A) or 
     (B) of paragraph (1) shall not apply in any case in which a 
     bet or wager is placed, received, or otherwise made by the 
     use of an agent or proxy using the Internet or an interactive 
     computer service. Nothing in this paragraph shall be 
     construed to prohibit the owner operator of a parimutuel 
     wagering facility that is licensed by a State from employing 
     an agent in the operation of the account wagering system 
     owned or operated by the parimutuel facility.
       ``(f) State Law.--Nothing in this section shall be 
     construed to create immunity from criminal prosecution or 
     civil liability under the law of any State.''.
       (b) Technical Amendment.--The analysis for chapter 50 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1085. Internet gambling.''.

     SEC. 904. CIVIL REMEDIES.

       (a) In General.--The district courts of the United States 
     shall have original and exclusive jurisdiction to prevent and 
     restrain violations of section 1085 of title 18, United 
     States Code, as added by section 903, by issuing appropriate 
     orders.
       (b) Proceedings.--
       (1) Institution by federal government.--The United States 
     may institute proceedings under this section. Upon 
     application of the United States, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by section 903, if the court 
     determines, after notice and an opportunity for a hearing, 
     that there is a substantial probability that such violation 
     has occurred or will occur.
       (2) Institution by state attorney general.--
       (A) In general.--Subject to subparagraph (B), the attorney 
     general of a State (or other appropriate State official) in 
     which a violation of section 1085 of title 18, United States 
     Code, as added by section 903, is alleged to have occurred, 
     or may occur, after providing written notice to the United 
     States, may institute proceedings under this section. Upon 
     application of the attorney general (or other appropriate 
     State official) of the affected State, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by section 903, if the court 
     determines, after notice and an opportunity for a hearing, 
     that there is a substantial probability that such violation 
     has occurred or will occur.
       (B) Indian lands.--With respect to a violation of section 
     1085 of title 18, United States Code, as added by section 
     903, that is alleged to have occurred, or may occur, on 
     Indian lands (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)), the enforcement authority 
     under subparagraph (A) shall be limited to the remedies under 
     the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 
     including any applicable Tribal-State compact negotiated 
     under section 11 of that Act (25 U.S.C. 2710).
       (3) Orders and injunctions against internet service 
     providers.--Notwithstanding paragraph (1) or (2), the 
     following rules shall apply in any proceeding instituted 
     under this subsection in which application is made for a 
     temporary restraining order or an injunction against an 
     interactive computer service:
       (A) Scope of relief.--
       (i) If the violation of section 1085 of title 18, United 
     States Code, originates with a customer of the interactive 
     computer service's system or network, the court may require 
     the service to terminate the specified account or accounts of 
     the customer, or of any readily identifiable successor in 
     interest, who is using such service to place, receive or 
     otherwise make a bet or wager, engage in a gambling business, 
     or to initiate a transmission that violates such section 
     1085.
       (ii) Any other relief ordered by the court shall be 
     technically feasible for the system or network in question 
     under current conditions, reasonably effective in preventing 
     a

[[Page H6704]]

     violation of section 1085, of title 18, United States Code, 
     and shall not unreasonably interfere with access to lawful 
     material at other online locations.
       (iii) No relief shall be issued under subparagraph (A)(ii) 
     if the interactive computer service demonstrates, after an 
     opportunity to appear at a hearing, that such relief is not 
     economically reasonable for the system or network in question 
     under current conditions.
       (B) Considerations.--In the case of an application for 
     relief under subparagraph (A)(ii), the court shall consider, 
     in addition to all other factors that the court shall 
     consider in the exercise of its equitable discretion, 
     whether--
       (i) such relief either singularly or in combination with 
     such other injunctions issued against the same service under 
     this subsection, would seriously burden the operation of the 
     service's system network compared with other comparably 
     effective means of preventing violations of section 1085 of 
     title 18, United States Code;
       (ii) in the case of an application for a temporary 
     restraining order or an injunction to prevent a violation of 
     section 1085 of title 18, United States Code, by a gambling 
     business (as is defined in such section 1085) located outside 
     the United States, the relief is more burdensome to the 
     service than taking comparably effective steps to block 
     access to specific, identified sites used by the gambling 
     business located outside the United States; and
       (iii) in the case of an application for a temporary order 
     or an injunction to prevent a violation of section 1085 of 
     title 18, United States Code, as added by section 903, 
     relating to material or activity located within the United 
     States, whether less burdensome, but comparably effective 
     means are available to block access by a customer of the 
     service's system or network to information or activity that 
     violates such section 1085.
       (C) Findings.--In any order issued by the court under this 
     subsection, the court shall set forth the reasons for its 
     issuance, shall be specific in its terms, and shall describe 
     in reasonable detail, and not be reference to the complaint 
     or other document, the act or acts sought to be restrained 
     and the general steps to be taken to comply with the order.
       (4) Expiration.--Any temporary restraining order or 
     preliminary injunction entered pursuant to this subsection 
     shall expire if, and as soon as, the United States, or the 
     attorney general (or other appropriate State official) of the 
     State, as applicable, notifies the court that issued the 
     injunction that the United States or the State, as 
     applicable, will not seek a permanent injunction.
       (c) Expedited Proceedings.--
       (1) In general.--In addition to proceedings under 
     subsection (b), a district court may enter a temporary 
     restraining order against a person alleged to be in violation 
     of section 1085 of title 18, United States Code, as added by 
     section 903, upon application of the United States under 
     subsection (b)(1), or the attorney general (or other 
     appropriate State official) of an affected State under 
     subsection (b)(2), without notice and the opportunity for a 
     hearing, if the United States or the State, as applicable, 
     demonstrates that there is probable cause to believe that the 
     transmission at issue violates section 1085 of title 18, 
     United States Code, as added by section 903.
       (2) Expiration.--A temporary restraining order entered 
     under this subsection shall expire on the earlier of--
       (A) the expiration of the 30-day period beginning on the 
     date on which the order is entered; or
       (B) the date on which a preliminary injunction is granted 
     or denied.
       (3) Hearings.--A hearing requested concerning an order 
     entered under this subsection shall be held at the earliest 
     practicable time.
       (d) Rule of Construction.--In the absence of fraud or bad 
     faith, no interactive computer service (as defined in section 
     1085(a) of title 18, United States Code, as added by section 
     903) shall be liable for any damages, penalty, or forfeiture, 
     civil or criminal, for any reasonable course of action taken 
     to comply with a court order issued under subsection (b) or 
     (c) of this section.
       (e) Protection of Privacy.--Nothing in this title or the 
     amendments made by this title shall be construed to authorize 
     an affirmative obligation on an interactive computer 
     service--
       (1) to monitor use of its service; or
       (2) except as required by an order of a court, to access, 
     remove or disable access to material where such material 
     reveals conduct prohibited by this section and the amendments 
     made by this section.
       (f) No Effect on Other Remedies.--Nothing in this section 
     shall be construed to affect any remedy under section 1084 or 
     1085 of title 18, United States Code, as amended by this 
     title, or under any other Federal or State law. The 
     availability of relief under this section shall not depend 
     on, or be affected by, the initiation or resolution of any 
     action under section 1084 or 1085 of title 18, United States 
     Code, as amended by this title, or under any other Federal or 
     State law.
       (g) Continuous Jurisdiction.--The court shall have 
     continuous jurisdiction under this section to enforce section 
     1085 of title 18, United States Code, as added by section 
     903.

     SEC. 905. REPORT ON ENFORCEMENT.

       Not later than 3 years after the date of enactment of this 
     Act, the Attorney General shall submit a report to Congress 
     that includes--
       (1) an analysis of the problems, if any, associated with 
     enforcing section 1085 of title 18, United States Code, as 
     added by section 903;
       (2) recommendations for the best use of the resources of 
     the Department of Justice to enforce that section; and
       (3) an estimate of the amount of activity and money being 
     used to gamble on the Internet.

     SEC. 906. REPORT ON COSTS.

       Not later than 3 years after the date of enactment of this 
     Act, the Secretary of Commerce shall submit a report to 
     Congress that includes--
       (1) an analysis of existing and potential methods or 
     technologies for filtering or screening transmissions in 
     violation of section 1085 of title 18, United States Code, as 
     added by section 903, that originate outside of the 
     territorial boundaries of any State or the United States;
       (2) a review of the effect, if any, on interactive computer 
     services of any court ordered temporary restraining orders or 
     injunctions imposed on those services under this section;
       (3) a calculation of the cost to the economy of illegal 
     gambling on the Internet, and other societal costs of such 
     gambling; and
       (4) an estimate of the effect, if any, on the Internet 
     caused by any court ordered temporary restraining orders or 
     injunctions imposed under this title.

     SEC. 907. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.

                               H.R. 4328

                    Offered by: Mr. Barr of Georgia

       Amendment No. 1: At the appropriate place in the bill, 
     insert the following:
       Sec. __. None of the funds appropriated by this Act may be 
     used to carry out section 656 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301 
     note; 110 Stat. 3009-716 through 3009-719) and any regulation 
     issued to carry out such section.

                               H.R. 4328

                  Offered by: Ms. Jackson-Lee of Texas

       Amendment No. 2: Page 30, line 10, after ``$59,670,000'' 
     insert ``(decreased by $2,000,000)''.
       Page 30, after line 11, insert the following:
       $2,000,000 for a major investment study for an alternative 
     transportation system in the city of Houston;

                               H.R. 4328

                         Offered by: Mr. Nadler

       Amendment No. 3: At the end of title III, insert the 
     following:
       Sec. 347. None of the funds made available in this Act may 
     be used for improvements to the Miller Highway in New York 
     City.