[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8529-H8533]
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. 2621

                        Offered By: Ms. McKinney

       Amendment No. 1: In section 102(b)(7), add the following at 
     the end:
       (C) To ensure that any entity that receives benefits under 
     any trade agreement entered into under this title adopts and 
     adheres to the following principles in all domestic and 
     foreign operations:
       (i) Provide a safe and healthy workplace.
       (ii) Ensure fair employment, including the prohibition on 
     the use of child and forced labor, the prohibition on 
     discrimination based upon race, gender, national origin, or 
     religious beliefs, the respect for freedom of association and 
     the right to organize and bargain collectively, and the 
     payment of a living wage to all workers.
       (iii) Uphold responsible environmental protection and 
     environmental practices.
       (iv) Promote good business practices, including prohibiting 
     illicit payments and ensuring fair competition.
       (v) Maintain, through leadership at all levels, a corporate 
     culture that respects free expression consistent with 
     legitimate business concerns, does not condone political 
     coercion in the workplace, encourages good corporate 
     citizenship and makes a positive contribution to the 
     communities in which the entity operates, and promotes 
     ethical conduct that is recognized, valued, and exemplified 
     by all employees.
       (vi) Require, under terms of contract, partners, suppliers, 
     and subcontractors of the entity to adopt and adhere to the 
     principles described in clause (v).
       (vii) Implement and monitor compliance with the principles 
     described in clauses (i) through (vi) through a program that 
     is designed to prevent and detect conduct that is not in 
     compliance with such principles by any employee of the 
     entity, or any employee of the partner, supplier, or 
     subcontractor of the entity, and that includes--
       (I) standards for ethical conduct of such employees which 
     refer to the principles;
       (II) procedures for assignment of appropriately qualified 
     personnel at the management level to monitor and enforce 
     compliance with the principles;
       (III) procedures for reporting violations of the principles 
     by such employees;
       (IV) procedures for selecting qualified individuals who are 
     not employees to monitor compliance with the principles, and 
     for auditing the effectiveness of such compliance monitoring;
       (V) procedures for disciplinary action in response to 
     violations of the principles;
       (VI) procedures designed to ensure that, in cases in which 
     a violation of the principles has been detected, reasonable 
     steps are taken to correct the violation and prevent similar 
     violations from occurring;
       (VII) procedures for providing educational and employment-
     related counseling to any child employee in violation of the 
     principles; and
       (VIII) communication of all standards and procedures with 
     respect to the principles to every employee, by requiring the 
     employee to participate in a training program, or by 
     disseminating information in writing that explains the 
     standards and procedures.

                               H.R. 3736

                     Offered By: Mr. Smith of Texas

               (Amendment in the Nature of a Substitute)

       Amendment No. 3: 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 Non-immigrant 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 scholarships 
              for low-income math, engineering, and computer science 
              students and job training of United States workers.
Sec. 105. Computation of prevailing wage level.
Sec. 106. Improving count of H-1B and H-2B nonimmigrants.
Sec. 107. Report on older workers in the information technology field.
Sec. 108. Report on high technology labor market needs, reports on 
              economic impact of incresae in H-1B nonimmigrants.

 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 1999;
       ``(ii) 115,000 in fiscal year 1999;
       ``(iii) 115,000 in fiscal year 2000;
       ``(iv) 107,500 in fiscal year 2001; and
       ``(v) 65,000 in each succeeding fiscal year; or''.
       (b) Effective Dates.--The amendment made by subsection (a) 
     applies beginning with fiscal year 1998.

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

       (a) Protection Against Layoff 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, and before 
     October 1, 2001, by an H-1B-dependent employer (as defined in 
     paragraph (3)) or by an employer that has been found under 
     paragraph (2)(C) or (5) to have committed a willful failure 
     or misrepresentation on or after the date of the enactment of 
     this subparagraph. An application is not described in this 
     clause of the only H-1B non-immigrants 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, within the period 
     beginning 90 days before and ending 90 days after the date of 
     the placement of the nonimmigrant with the other employer, 
     the other employer has displaced or intends to displace 
     a United States worker employed by the other employer.
       ``(G)(i) In the case of an application described in 
     subparagraph (E)(ii), subject to clause (ii), the employer, 
     prior to filing the application--

[[Page H8530]]

       ``(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 legitimate selection criteria relevant 
     to the job that are normal or customary to the type of job 
     involved, so long as such criteria are not applied in a 
     discriminatory manner.''.
       (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)(I) has 25 or fewer full-time equivalent employees who 
     are employed in the United States; and (II) employs more than 
     7 H-1B nonimmigrants;
       ``(ii)(I) has at least 26 but not more than 50 full-time 
     equivalent employees who are employed in the United States; 
     and (II) employs more than 12 H-1B nonimmigrants; or
       ``(iii)(I) has at least 51 full-time equivalent employees 
     who are employed in the United States; and (II) employs 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 `Nonexempt 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 and the number of H-1B nonimmigrants, exempt H-1B 
     nonimmigrants shall not be taken into account during the 
     longer of--
       ``(I) the 6-month period beginning on the date of the 
     enactment of the Temporary Access to Skilled Workers and H-1B 
     Nonimmigrant Program Improvement Act of 1998; or
       ``(II) the period beginning on the date of the enactment of 
     the Temporary Access to Skilled Workers and H-1B Nonimmigrant 
     Program Improvement Act of 1998 and ending on the date final 
     regulations are issued to carry out this paragraph; 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 than 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, is 
     granted asylum under section 208, or is an immigrant 
     otherwise authorized, by this Act or by the Attorney General, 
     to be employed.''.
       ``(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) Requirements Relating to Benefits.--
       (1) In general.--Section 212(n)(1)(A) (8 U.S.C. 
     1182(n)(1)(A)) is amended--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``, and''; and
       (C) by adding at the end the following:
       ``(iii) is offering and will offer to H-1B nonimmigrants, 
     during the period of authorized employment, benefits and 
     eligibility for benefits (including the opportunity to 
     participate in health, life, disability, and other insurance 
     plans; the opportunity to participate in retirement and 
     savings plans; cash bonuses and noncash compensation, such as 
     stock options (whether or not based on performance)) on the 
     same basis, and in accordance with the same criteria, as the 
     employer offers benefits and eligibility for benefits to 
     United States workers.''.
       (2) Orders to provide benefits.--Section 212(n)(2)(D) (8 
     U.S.C. 1182(n)(2)(D)) is amended--
       (A) by inserting ``or has not provided benefits or 
     eligibility for benefits as required under such paragraph,'' 
     after ``required under paragraph (1),''; and
       (B) by inserting ``or to provide such benefits or 
     eligibility for benefits'' after ``amounts of back pay''.
       (e) 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, and the amendments made by subsection (b) take 
     effect on the date of the enactment of this Act.
       (f) 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)(20(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 of 
     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 2 years 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

[[Page H8531]]

     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 $35,000 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 3 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 
     persion, 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 a nonimmigrant).
       ``(vi) It is a violation of this clause for an employer who 
     has filed an application under this subsection to require an 
     H-1B nonimmigrant to pay a penalty (as determined under State 
     law) for ceasing employment with the employer prior to a date 
     agreed to by the nonimmigrant and the employer. If the 
     Secretary finds, after notice and opportunity for a hearing, 
     that an employer has committed such a violation, the 
     Secretary may impose a civil monetary penalty of $1,000 for 
     each such violation and issue an administrative order 
     requiring the return to the nonimmigrant of any amount 
     required to be paid in violation of this clause, or, if the 
     nonimmigrant cannot be located, requiring payment of any such 
     amount to the general fund of the Treasury.''.
       ``(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)), as 
     amended by section 102(b), is further amended by adding at 
     the end the following:
       ``(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 Attorney General 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 Attorney General determines that 
     the complaint was filed not later than 12 months after the 
     date of the failure or misrepresentation, respectively.
       ``(C) If the Attorney General 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 Attorney General 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 
     Attorney General 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 
     Attorney General. 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 Attorney General 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 Attorney General 
     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 Attorney General 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 Attorney General reverses or modifies 
     the finding under subparagraph (D)(ii)--
       ``(i) the Attorney General 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 
     Attorney General 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.
       ``(F) The Attorney General shall not delegate, to any other 
     employee or official of the Department of Justice, any 
     function of the Attorney General under this paragraph, until 
     60 days after the Attorney General has submitted a plan for 
     such delegation to the Committees on the Judiciary of the 
     United States House of Representatives and the Senate with 
     respect to such delegation.''.
       (2) Conforming amendment.--The first sentence of section 
     212(n)(2)(A) (8 U.S.C. 1182(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 nonexempt 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).''.
       (e) Investigative Authority.--Section 212(n)(2) (8 U.S.C. 
     Sec. 1182(n)(2) is further amended by adding at the end the 
     following:
       (G)(i) If the Secretary receives specific, credible 
     information, from a source likely to have knowledge of an 
     employer's practices, employment conditions or compliance 
     with the employer's labor condition application whose 
     identity is known to the Secretary, that provides reasonable 
     cause to believe that an employer has committed a willful 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(E), (1)(F), or (1)(G)(i)(I), a pattern and practice of 
     failures to meet the [aforementioned conditions], or a 
     substantial failure to meet the [aforementioned conditions] 
     that affects multiple employees, the Secretary may conduct a 
     30 day investigation of these allegations, provided that the 
     Secretary personally (or the Acting Secretary in the case of 
     the Secretary's absence or disability) certifies that the 
     requirements for conducting such an investigation have been 
     met and approves commencement of the investigation. At the 
     request of the source, the Secretary may withhold the 
     identity of the source from the employer, and the source's 
     identity shall not be disclosable pursuant to a Freedom of 
     Information Act request.
       ``(ii) The Secretary shall establish a procedure for any 
     individual who provides the information to DOL that 
     constitutes part of the basis for the commencement of an 
     investigation on the basis described above to provide that 
     information in writing on a form that the Department will 
     provide to be completed by, or on behalf of, the individual.
       ``(iii) It shall be the policy of the Secretary to provide 
     to the employer notice of the potential initiation of an 
     investigation of an

[[Page H8532]]

     alleged violation under the authority granted in this [] with 
     sufficient specificity to allow the employer to respond 
     before the investigation is actually initiated unless in the 
     Secretary's judgment such notice would interfere with efforts 
     to secure compliance.
       ``(iv) Nothing in this section shall authorize the 
     Secretary to initiate or approve the initiation of an 
     investigation without the receipt of information from a 
     person or persons not employed by the Department of Labor 
     that provides the reasonable cause required by this section. 
     The receipt of the l.c.a. and other materials the employer is 
     required in order to obtain an H-1B visa shall not constitute 
     ``receipt of information'' for purposes of satisfying this 
     requirement.''.

     SEC. 104. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR 
                   SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING, 
                   AND COMPUTER SCIENCE STUDENTS 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) and an employer filing for new 
     concurrent employment) as a condition for the approval of a 
     petition filed on or after October 1, 1998, and before 
     October 1, 2001, under paragraph (1)--
       ``(i) initially to grant an alien non-immigrant status 
     described in section 101(a)(15)(H)(i)(b); or
       ``(ii) to extend for the first time the stay of an alien 
     having such status.
       ``(B) The amount of the fee shall be $500 for each such 
     non-immigrant.
       ``(C) Fees collected under this paragraph shall be 
     deposited in the Treasury in accordance with section 286(s).
       ``(D)(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:
       ``(s) 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 fees for job training.--63 percent of amounts 
     deposited into the H-1B nonimmigrant Petitioner Account shall 
     remain available to the Secretary of Labor until expended for 
     demonstration programs and projects described in section 
     104(c) of the Temporary Access to Skilled Workers and H-1B 
     Nonimmigrant Program Improvement Act of 1998.
       ``(3) Use of fees for low-income scholarship program.--32 
     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 for 
     scholarships described in section 104(d) of the Temporary 
     Access to Skilled Workers and H-1B Nonimmigrant Program 
     Improvement Act of 1998 for low-income students enrolled in a 
     program of study leading to a degree in mathematics, 
     engineering, or computer science.
       ``(4) Use of fees for application processing and 
     enforcement.--2.5 percent of the amounts deposited into the 
     H-1B non-immigrant Petitioner Account shall remain available 
     to the Secretary of Labor until expended for decreasing the 
     processing time for applications under section 212(n)(1), and 
     2.5 percent of such amounts shall remain available to such 
     Secretary until expended for carrying out section 212(n)(2). 
     Notwithstanding the preceding sentence, both of the amounts 
     made available for any fiscal year pursuant to the preceding 
     sentence shall be available to such Secretary, and shall 
     remain available until expended, only for carrying out 
     section 212(n)(2) until the Secretary submits to the Congress 
     a report containing a certification that, during the most 
     recently concluded calendar year, the Secretary substantially 
     complied with the requirement in section 212(n)(1) relating 
     to the provision of the certification described in section 
     101(a)(15)(H)(i)(b) within a 7-day period.''.
       (c) 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 the enactment of this Act, or demonstration 
     programs or projects under section 171(b) of the 
     Workforce Investment Act of 1998, 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 the enactment of this Act; or
       (ii) local boards that will carry out such programs or 
     projects through one-stop delivery systems established under 
     section 121 of the Workforce Investment Act of 1998; 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 
     paragraph (2), only with funds made available under section 
     286(s)(2) of the Immigration and Nationality Act, and not 
     with funds made available under the Job Training Partnership 
     Act or the Workforce Investment Act of 1998.
       (d) Low-Income Scholarship Program.--
       (1) Establishment.--The Director of the National Science 
     Foundation (referred to in this subsection as the 
     ``Director'') shall award scholarships to low-income 
     individuals to enable such individuals to pursue associate, 
     undergraduate, or graduate level degrees in mathematics, 
     engineering, or computer science.
       (2) Eligibility.--
       (A) In general.--To be eligible to receive a scholarship 
     under this subsection, an individual--
       (i) must be a citizen or national of United States or an 
     alien lawfully admitted to the United States for permanent 
     residence;
       (ii) shall prepare and submit to the Director an 
     application at such time, in such manner, and containing such 
     information as the Director may require; and
       (iii) shall certify to the Director that the individual 
     intends to use amounts received under the scholarship to 
     enroll or continue enrollment at an institution of higher 
     education (as defined in section 1201(a) of the Higher 
     Education Act of 1965) in order to pursue an associate, 
     undergraduate, or graduate level degree in mathematics, 
     engineering, or computer science.
       (B) Ability.--Awards of scholarships under this subsection 
     shall be made by the Director solely on the basis of the 
     ability of the applicant, except that in any case in which 2 
     or more applicants for scholarships are deemed by the 
     Director to be possessed of substantially equal ability, and 
     there are not sufficient scholarships available to grant one 
     to each of such applicants, the available scholarship or 
     scholarships shall be awarded to the applicants in a manner 
     that will tend to result in a geographically wide 
     distribution throughout the United States of recipients' 
     places of permanent residence.
       (3) Limitation.--The amount of a scholarship awarded under 
     this subsection shall be determined by the Director, except 
     that the Director shall not award a scholarship in an amount 
     exceeding $2,500 per year.
       (4) Funding.--The Director shall carry out this subsection 
     only with funds made available under section 286(s)(3) of the 
     Immigration and Nationality Act.

     SEC. 105. 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 of 
     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) 
     supplies to prevailing wage computations made for 
     applications filed on or after the date of the enactment of 
     this Act.

     SEC. 106. 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 are as 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

[[Page H8533]]

     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 105 of this Act).

     SEC. 107. REPORT ON OLDER WORKERS IN THE INFORMATION 
                   TECHNOLOGY FIELD.

       (a) Study.--The Secretary of Commerce shall enter into a 
     contract with the President of the National Academy of 
     Sciences to conduct a study, using the best available data, 
     assessing the status of older workers in the information 
     technology field. The study shall consider the following:
       (1) The existence and extent 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, the Secretary 
     of Commerce 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. 108. REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS; 
                   REPORTS ON ECONOMIC IMPACT OF INCREASED IN H-1B 
                   NONIMMIGRANTS.

       (a) National Science Foundation Study and Report.--
       (1) In general.--The Director of 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:
       (A) 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.
       (B) 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 science, and engineering since 1998.
       (C) An analysis of the number of United States workers 
     currently or projected to work overseas in professional, 
     technical, and management capacities.
       (D) The relative achievement rates of United States and 
     foreign students in secondary schools in a variety of 
     subjects, including math, science, computer science, English, 
     and history.
       (E) The relative performance, by subject area, of United 
     States and foreign students in postsecondary and graduate 
     schools as compared to secondary schools.
       (F) 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, post-
     secondary educational institutions, and the United States 
     economy, from the entry of skilled foreign professionals in 
     the fields of science and engineering.
       (G) The needs of the high technology sector to adapt 
     products and services for export to particular local markets 
     in foreign countries.
       (H) An examination of the amount and trend of moving the 
     production or performance of products and services now 
     occurring in the United States abroad.
       (2) Report.--Not later than October 1, 2000, the Director 
     of 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 paragraph (1).
       (3) Involvement.--The study under paragraph (1) shall be 
     conducted in a manner that ensures the participation of 
     individuals representing a variety of points of view.
       (b) Reporting on Studies Showing Economic Impact of H-1B 
     Nonimmigrant Increase.--The Chairman of the Board of 
     Governors of the Federal Reserve System, the Director of the 
     Office of Management and Budget, the Chair of the Council of 
     Economic Advisers, the Secretary of the Treasury, the 
     Secretary of Commerce, the Secretary of Labor, and any other 
     member of the Cabinet, shall promptly report to the Congress 
     the results of any reliable study that suggests, based on 
     legitimate economic analysis, that the increase effected by 
     section 101(a) of this Act in the number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act has had an impact on any national 
     economic indicator, such as the level of inflation or 
     unemployment, that warrants action by the Congress.

 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
       ``(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 105, 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 an 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.