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tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1999, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1999, or provided from any ac-
counts in the Treasury of the United States derived by the
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collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $1,000,000 or 20 percent, whichever is
more, that: (1) augments existing programs, projects, or ac-
tivities; (2) reduces by 20 percent funding for any existing
program, project, or activity, or numbers of personnel by
20 percent as approved by Congress; or (3) results from any
general savings from a reduction in personnel which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified fifteen
days in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
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using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
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SEC. 609. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 610. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
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this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 611. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to distrib-
ute or make available any commercially published informa-
tion or material to a prisoner when it is made known to
the Federal official having authority to obligate or expend
such funds that such information or material is sexually
explicit or features nudity.
SEC. 612. Of the funds appropriated in this Act under
the heading ‘‘OFFICE OF JUSTICE PROGRAMS—STATE AND
LOCAL LAW ENFORCEMENT ASSISTANCE’’, not more than 90
percent of the amount to be awarded to an entity under
the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the
Federal official having authority to obligate or expend such
funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968) does
not provide such a public safety officer who retires or is
separated from service due to injury suffered as the direct
and proximate result of a personal injury sustained in the
line of duty while responding to an emergency situation
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or a hot pursuit (as such terms are defined by State law)
with the same or better level of health insurance benefits
at the time of retirement or separation as they received
while on duty.
SEC. 613. (a) None of the funds appropriated or other-
wise made available in this Act shall be used to issue visas
to any person who—
(1) has been credibly alleged to have ordered,
carried out, or materially assisted in the extrajudicial
and political killings of Antoine Izmery, Guy Malary,
Father Jean-Marie Vincent, Pastor Antoine Leroy,
Jacques Fleurival, Mireille Durocher Bertin, Eugene
Baillergeau, Michelange Hermann, Max Mayard,
Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel
Gonzalez, and Jean-Hubert Feuille;
(2) has been included in the list presented to
former President Jean-Bertrand Aristide by former
National Security Council Advisor Anthony Lake in
December 1995, and acted upon by President Rene
Preval;
(3) was sought for an interview by the Federal
Bureau of Investigation as part of its inquiry into
the March 28, 1995, murder of Mireille Durocher
Bertin and Eugene Baillergeau, Jr., and was credibly
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alleged to have ordered, carried out, or materially as-
sisted in those murders, per a June 28, 1995, letter
to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Com-
mand during the period 1991 through 1994, and has
been credibly alleged to have planned, ordered, or par-
ticipated with members of the Haitian Armed Forces
in—
(A) the September 1991 coup against any
person who was a duly elected government offi-
cial of Haiti (or a member of the family of such
official), or
(B) the murders of thousands of Haitians
during the period 1991 through 1994; or
(5) has been credibly alleged to have been a
member of the paramilitary organization known as
FRAPH who planned, ordered, or participated in
acts of violence against the Haitian people.
(b) EXEMPTION.—Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would other-
wise be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the inves-
tigation of these political murders. If the Secretary of State
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exempts any such person, the Secretary shall notify the ap-
propriate congressional committees in writing.
(c) REPORTING
REQUIREMENT.—(1) The United
States chief of mission in Haiti shall provide the Secretary
of State a list of those who have been credibly alleged to
have ordered or carried out the extrajudicial and political
killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list pro-
vided under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of enact-
ment of this Act.
(3) The Secretary of State shall submit to the appro-
priate congressional committees a list of aliens denied visas,
and the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary of State shall submit a report under
this subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each
year thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and politi-
cal killings and has not prosecuted those implicated for the
killings specified in paragraph (1) of subsection (a).
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on
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International Relations and the Committee on Appropria-
tions of the House of Representatives and the Committee
on Foreign Relations and the Committee on Appropriations
of the Senate.
SEC. 614. (a) None of the funds made available in this
Act or any other Act hereafter enacted may be used to issue
or renew a fishing permit or authorization for any fishing
vessel of the United States greater than 165 feet in reg-
istered length, of more than 750 gross registered tons, or
that has an engine or engines capable of producing more
than 3,000 shaft horsepower that would allow such vessel
to engage in fishing in any fishery within the exclusive eco-
nomic zone of the United States (except territories), unless
a certificate of documentation had been issued for the vessel,
endorsed with a fishery endorsement that was effective on
September 25, 1997, and endorsed with a fishery endorse-
ment at all times thereafter, or unless the appropriate re-
gional fishery management council recommends after the
date the enactment of this Act, and the Secretary approves,
a fishery management plan or amendment that specifically
allows such a vessel to engage in such fishing.
(b) Any fishing permit or authorization issued or re-
newed prior to the date of the enactment of this Act for
a fishing vessel that exceeds the length, tonnage, or horse-
power thresholds in subsection (a) that would allow such
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vessel to engage in fishing for any Atlantic mackerel or her-
ring (or both) in the waters off the east coast of the United
States during fiscal year 1999 shall be null and void unless
the appropriate regional fishery management council has
recommended and the Secretary has approved a fishery
management plan or plan amendment that specifically al-
lows such vessel to engage in such fishing.
(c) The prohibition in this section shall not apply to
fishing vessels in the menhaden fishery, which occurs pri-
marily outside the exclusive economic zone of the United
States.
SEC. 615. None of the funds made available in this
Act may be used to pay the expenses of an election officer
appointed by a court to oversee an election of any officer
or trustee for the International Brotherhood of Teamsters.
SEC. 616. (a) IN GENERAL.—Section 1303 of the Inter-
national Security and Development Corporation Act of
1985 (16 U.S.C. 469j) is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘21’’ and inserting ‘‘15’’;
and
(B) by striking ‘‘7’’ each place it appears
and inserting ‘‘5’’; and
(2) in subsection (e), by striking ‘‘three’’ and in-
serting ‘‘six’’.
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(b) SAVINGS
PROVISION.—The enactment of the
amendments made by paragraph (1) of subsection (a) shall
not require any person appointed as a member of the Com-
mission for the Preservation of America’s Heritage Abroad
before the date of enactment of this Act to terminate his
or her service prior to the expiration of his or her current
term of service.
SEC. 617. JAPAN-UNITED STATES FRIENDSHIP COM-
MISSION. (a) RELIEF FROM RESTRICTION
OF INTER-
CHANGEABILITY OF FUNDS.—Section 6(4) of the Japan-
United States Friendship Act (22 U.S.C. 2905(4)) is
amended by striking ‘‘needed, except’’ and all that follows
through ‘‘United States’’ and inserting ‘‘needed’’.
(b) The second sentence of section 7(b) of the Japan-
United States Friendship Act (22 U.S.C. 2906(b)) is
amended to read as follows: ‘‘Such investment may be made
in only interest-bearing obligations of the United States,
in obligations guaranteed as to both principal and interest
by the United States, in interest-bearing obligations of
Japan, or in obligations guaranteed as to both principal
and interest by Japan.’’.
SEC. 618. STUDY ON INTERNET ACCESS AND COMMU-
NICATIONS AND THE TAXATION OF THE INTERNET. (a)
DEFINITIONS.—In this section:
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(1) INTERNET.—The term ‘‘Internet’’ has the
meaning provided that term in section 230(e)(1) of
the Communications Act of 1934 (47 U.S.C.
230(e)(1)).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(b) STUDY AND REPORT.—
(1) IN GENERAL.—Not later than March 1, 1999,
the Secretary, in consultation with the Secretary of
State and the Secretary of the Treasury, shall conduct
a study under this section and submit to the Commit-
tee on Appropriations a report on the results of the
study.
(2) CONTENTS OF STUDY.—The study conducted
by the Secretary under this section shall examine—
(A) the taxation of the Internet by States
and political subdivisions thereof;
(B) access to the Internet; and
(C) communications and transactions con-
ducted through the Internet.
(3) EFFECTS OF TAXATION.—With respect to the
taxation of the Internet, the study conducted by the
Secretary under this section shall examine the extent
to which—
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(A) that taxation may impede the progress
and development of the Internet; and
(B) the effect that taxation may have with
respect to the efforts of the President to keep the
Internet free of discriminatory taxes on an inter-
national level.
SEC. 619. (a) PURPOSE.—The purpose of this section
is to allow for the investment of joint Federal and State
funds from the civil settlement of damages from the Exxon
Valdez oil spill.
(b) INVESTMENT OF JOINT TRUST FUNDS.—Notwith-
standing any other provision of law, upon the joint motion
of the United States and the State of Alaska and the
issuance of an appropriate order by the United States Dis-
trict Court for the District of Alaska, the joint trust funds
or any portion thereof, including any interest accrued
thereon, previously received or to be received by the United
States and the State of Alaska pursuant to the Agreement
and Consent Decree issued in United States v. Exxon Cor-
poration, et al. (No. A91–082 CIV) and State of Alaska v.
Exxon Corporation, et al. (No. A91–083 CIV) (hereafter re-
ferred to as the ‘‘Consent Decree’’), may be deposited in ap-
propriate accounts outside the Court Registry, including the
Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the ‘‘Fund’’) established in
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title I of the Department of the Interior and Related Agen-
cies Appropriations Act, 1992 (Public Law 102–154, 43
U.S.C. 1474b) and such accounts outside the United States
Treasury consisting of income-producing obligations and
other instruments or securities of a type or class that have
been determined unanimously by the Federal and State nat-
ural resource trustees for the Exxon Valdez oil spill to have
a high degree of reliability and security: Provided, That
any joint trust funds in the Fund and any such outside
accounts that have been approved unanimously by the trust-
ees for expenditure by or through a State or Federal agency
shall be transferred promptly from the Fund and such out-
side accounts to the State or United States upon the joint
request of the governments: Provided further, That the
transfer of joint trust funds outside the Court Registry shall
not affect the supervisory jurisdiction of such District Court
under the Consent Decree or the Memorandum of Agreement
and Consent Decree in United States v. State of Alaska (No.
A91–081–CIV) over all expenditures of the joint trust funds:
Provided further, That nothing herein shall affect the re-
quirement of section 207 of the Dire Emergency Supple-
mental Appropriations and Transfers for Relief From the
Effects of Natural Disasters, for Other Urgent Needs, and
for the Incremental Cost of ‘‘Operation Desert Shield/Desert
Storm’’ Act of 1992 (Public Law 102–229, 42 U.S.C. 1474b
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note) that amounts received by the United States and des-
ignated by the trustees for the expenditure by or through
a Federal agency must be deposited into the Fund: Provided
further, That any interest accrued under the authority in
this section may be used only for grants for marine research
and monitoring (including applied fisheries research) and
for community and economic restoration projects (including
projects proposed by the fishing industry and facilities):
Provided further, That the Federal trustees are hereby au-
thorized to administer such grants: Provided further, That
the authority provided in this section shall expire on Sep-
tember 30, 2002, unless by September 30, 2001 the trustees
have submitted to the Congress legislation to establish a
board to administer funds invested, interest received, and
grants awarded from such interest.
SEC. 620. None of the funds appropriated pursuant
to this Act or any other provision of law may be used for
(1) any system to implement 18 U.S.C. 922(t) that does
not require and result in the immediate destruction of all
information, in any form whatsoever, submitted by or on
behalf of any person who has been determined not to be pro-
hibited from owning a firearm; (2) the implementation of
any tax or fee in connection with the implementation of
18 U.S.C. 922(t): Provided, That any person aggrieved by
a violation of this provision may bring an action in the
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Federal district court for the district in which the person
resides: Provided further, That any person who is successful
with respect to any such action shall receive damages, puni-
tive damages, and such other remedies as the court may
determine to be appropriate, including a reasonable attor-
ney’s fee. The provisions of this section shall become effective
upon enactment of this Act.
SEC. 621. SENSE OF THE SENATE ON THE BUDGET
AND SOCIAL SECURITY. (a) FINDINGS.—The Senate finds
that—
(1) the Social Security system provides benefits
to 44,000,000 Americans, including 27,300,000 retir-
ees, over 4,500,000 people with disabilities, 3,800,000
surviving children and 8,400,000 surviving adults,
and is essential to the dignity and security of the Na-
tion’s elderly and disabled;
(2) the Trustees of the Federal Old-Age and Sur-
vivors Insurance and Disability Insurance Trust
Funds have reported to the Congress that the ‘‘total
income’’ of the Social Security system ‘‘is estimated
to fall short of expenditures beginning in 2021 and in
each year thereafter . . . until the assets of the com-
bined trust funds are exhausted in 2032’’;
(3) intergenerational fairness, honest accounting
principles, prudent budgeting, and sound economic
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policy all require saving Social Security first, in
order that the Nation may better afford the retirement
of the baby boom generation, beginning in 2010;
(4) in reforming Social Security in 1983, the
Congress intended that near-term Social Security
trust fund surpluses be used to prefund the retirement
of the baby boom generation;
(5) in his State of the Union message to the joint
session of Congress on January 27, 1998, President
Clinton called on the Congress to ‘‘save Social Secu-
rity first’’ and to ‘‘reserve one hundred percent of the
surplus, that is any penny of any surplus, until we
have taken all the necessary measures to strengthen
the Social Security system for the twenty-first cen-
tury’’;
(6) saving Social Security first would work to
expand national savings, reduce interest rates, en-
hance private investment, increase labor productivity,
and boost economic growth;
(7) section 13301 of the Budget Enforcement Act
of 1990 expressly forbids counting Social Security
trust fund surpluses as revenue available to balance
the budget; and
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(8) the Congressional Budget Office has esti-
mated that the unified budget surplus will reach
nearly $1,500,000,000,000 over the next ten years.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress and the President should—
(1) continue to rid our country of debt and work
to balance the budget without counting Social Secu-
rity trust fund surpluses;
(2) work in a bipartisan way on specific legisla-
tion to reform the Social Security system, to ensure
that it is financially sound over the long term and
will be available for all future generations;
(3) save Social Security first; and
(4) return all remaining surpluses to American
taxpayers.
SEC. 622. REPORT BY THE JUDICIAL CONFERENCE.
(a) Not later than September 1, 1999, the Judicial Con-
ference of the United States shall prepare and submit to
the Committees on Appropriations of the Senate and of the
House of Representatives, and to the Committees on the Ju-
diciary of the Senate and the House of Representatives, a
report evaluating whether an amendment to Rule 6 of the
Federal Rules of Criminal Procedure permitting the pres-
ence in the grand jury room of counsel for a witness who
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is testifying before the grand jury would further the inter-
ests of justice and law enforcement.
(b) In preparing the report referred to in subsection
(a) of this section the Judicial Conference shall consider the
views of the Department of Justice, the organized Bar, the
academic legal community, and other interested parties.
(c) Nothing in this section shall require the Judicial
Conference to submit recommendations to the Congress in
accordance with the Rules Enabling Act, nor prohibit the
Conference from doing so.
SEC. 623. POLICIES RELATING TO FEDERALISM. It is
the sense of the Senate that the President should repeal Ex-
ecutive Order No. 13083, issued May 14, 1998 and should
reissue Executive Order No. 12612, issued October 26, 1987,
and Executive Order No. 12875, issued October 26, 1993.
SEC. 624. PROHIBITION ON INTERNET GAMBLING. (a)
SHORT TITLE.—This section may be cited as the ‘‘Internet
Gambling Prohibition Act of 1998’’.
(b) 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 para-
graphs as paragraphs (1) through (5), respectively,
and indenting each paragraph 2 ems to the right; and
(2) by adding at the end the following:
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‘‘(6) BETS OR WAGERS.—The term ‘bets or wa-
gers’—
‘‘(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 un-
derstanding that the person or another person
will receive something of value based on that out-
come;
‘‘(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 de-
scribed 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 de-
fined in section 3(a)(10) of the Securities
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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 pursu-
ant to section 5 of the Commodity Exchange
Act (7 U.S.C. 7);
‘‘(iii) a contract of indemnity or guar-
antee;
‘‘(iv) a contract for life, health, or acci-
dent insurance; or
‘‘(v) participation in a game or con-
test, otherwise lawful under applicable Fed-
eral 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 de-
termined by accumulated statistical re-
sults of games or contests involving the
performances of amateur or profes-
sional athletes or teams; and
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‘‘(III) in which the winner or
winners may receive a prize or award;
(otherwise know 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 rea-
sonable 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 assist-
ing 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 en-
gaged in the business of betting or wagering to
accept or place a bet or wager; and
‘‘(B) does not include—
‘‘(i) 
information 
concerning 
pari-
mutuel pools that is exchanged between or
among 1 or more racetracks or other pari-
mutuel wagering facilities licensed by the
State or approved by the foreign jurisdic-
tion in which the facility is located, and 1
or more parimutuel wagering facilities li-
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censed by the State or approved by the for-
eign jurisdiction in which the facility is lo-
cated, 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 pari-
mutuel wagering facilities licensed by the
State or approved by the foreign jurisdic-
tion 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 li-
censed and regulated by that State, and any
support service, wherever located, if the in-
formation is used only for the pooling or
processing of bets or wagers made by or
with the facility or facilities under applica-
ble State law;
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‘‘(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 wa-
gering.’’.
(c) PROHIBITION ON INTERNET GAMBLING.—
(1) IN GENERAL.—Chapter 50 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1085. Internet gambling
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CLOSED-LOOP
SUBSCRIBER-BASED
SERV-
ICE.—The term ‘closed-loop subscriber-based 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 with-
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in that State in order to be authorized to do
so;
‘‘(B) a customer verification system to en-
sure 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, receiv-
ing, or otherwise making bets or wagers;
‘‘(B) involves 1 or more persons who con-
duct, 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 infor-
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mation 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 com-
puter 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 net-
works.
‘‘(5) PERSON.—The term ‘person’ means any in-
dividual, association, partnership, joint venture, cor-
poration, State or political subdivision thereof, de-
partment, agency, or instrumentality of a State or
political subdivision thereof, or any other government,
organization, or entity.
‘‘(6) PRIVATE NETWORK.—The term ‘private net-
work’ means a communications channel or channels,
including voice or computer data transmission facili-
ties, that use either—
‘‘(A) private dedicated lines; or
‘‘(B) the public communications infrastruc-
ture, if the infrastructure is secured by means of
the appropriate private communications tech-
nology to prevent unauthorized access.
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‘‘(7) STATE.—The term ‘State’ means a State of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, or a commonwealth, terri-
tory, 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 para-
graph (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 per-
son is found to have wagered through
the Internet or other interactive com-
puter service; or
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‘‘(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 gam-
bling 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 re-
ceived in bets or wagers as a result of en-
gaging in that business in violation of this
subsection; or
‘‘(ii) $20,000;
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‘‘(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 trans-
mission 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 intra-
state for a State lottery or a racing or pari-
mutuel activity, or a multi-State lottery oper-
ated jointly between 2 or more States in conjunc-
tion with State lotteries, (if the lottery or activ-
ity is expressly authorized, and licensed or regu-
lated, 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
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‘‘(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 pri-
vate network, if—
‘‘(i) each person placing, receiving, or
otherwise making that bet or wager is phys-
ically 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 Gam-
ing Regulatory Act (25 U.S.C. 2701(d)) by
a State in which each person placing, re-
ceiving, or otherwise making that bet or
wager is physically located.
‘‘(2) INAPPLICABILITY OF EXCEPTION TO BETS
OR WAGERS MADE BY AGENTS OR PROXIES.—An ex-
ception 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
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use of an agent or proxy using the Internet or an
interactive computer service. Nothing in this para-
graph shall be construed to prohibit the owner opera-
tor 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 con-
strued to create immunity from criminal prosecution or
civil liability under the law of any State.’’.
(2) 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.’’.
(d) CIVIL REMEDIES.—
(1) IN
GENERAL.—The district courts of the
United States shall have original and exclusive juris-
diction to prevent and restrain violations of section
1085 of title 18, United States Code, as added by this
section, by issuing appropriate orders.
(2) PROCEEDINGS.—
(A) INSTITUTION
BY
FEDERAL
GOVERN-
MENT.—The United States may institute pro-
ceedings under this section. Upon application of
the United States, the district court may enter a
temporary restraining order or an injunction
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against any person to prevent a violation of sec-
tion 1085 of title 18, United States Code, as
added by this section, 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) INSTITUTION BY STATE ATTORNEY GEN-
ERAL.—
(i) IN GENERAL.—Subject to subclause
(ii), 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 this section, is al-
leged to have occurred, or may occur, after
providing written notice to the United
States, may institute proceedings under this
subsection. 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 this section, if the
court determines, after notice and an oppor-
tunity for a hearing, that there is a sub-
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stantial probability that such violation has
occurred or will occur.
(ii) INDIAN LANDS.—With respect to a
violation of section 1085 of title 18, United
States Code, as added by this section, 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 clause (i) shall be limited to the rem-
edies 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).
(C) ORDERS
AND
INJUNCTIONS
AGAINST
INTERNET SERVICE PROVIDERS.—Notwithstand-
ing subparagraph (A) or (B), the following rules
shall apply in any proceeding instituted under
this paragraph in which application is made for
a temporary restraining order or an injunction
against an interactive computer service:
(i) SCOPE OF RELIEF.—
(I) If the violation of section 1085
of title 18, United States Code, origi-
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nates with a customer of the inter-
active computer service’s system or net-
work, the court may require the service
to terminate the specified account or
accounts of the customer, or of any
readily identifiable successor in inter-
est, 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 vio-
lates 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 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 issue under
clause (i)(II) if the interactive com-
puter service demonstrates, after an op-
portunity to appear at a hearing, that
such relief is not economically reason-
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able for the system or network in ques-
tion under current conditions.
(ii) CONSIDERATIONS.—In the case of
an application for relief under clause
(i)(II), the court shall consider, in addition
to all other factors that the court shall con-
sider in the exercise of its equitable discre-
tion, whether—
(I) such relief either singularly or
in combination with such other injunc-
tions issued against the same service
under this paragraph, would seriously
burden the operation of the service’s
system or network compared with other
comparably effective means of prevent-
ing 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 de-
fined in such section 1085) located out-
side the United States, the relief is
more burdensome to the service than
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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 restraining order or
an injunction to prevent a violation of
section 1085 of title 18, United States
Code, as added by this section, relating
to material or activity located within
the United States, whether less burden-
some, but comparably effective means
are available to block access by a cus-
tomer of the service’s system or network
to information or activity that violates
such section 1085.
(iii) FINDINGS.—In any order issued
by the court under this paragraph, the court
shall set forth the reasons for its issuance,
shall be specific in its terms, and shall de-
scribe in reasonable detail, and not by ref-
erence 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.
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(D) EXPIRATION.—Any temporary restrain-
ing order or preliminary injunction entered pur-
suant to this paragraph shall expire if, and as
soon as, the United States, or the attorney gen-
eral (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.
(3) EXPEDITED PROCEEDINGS.—
(A) IN GENERAL.—In addition to proceed-
ings under paragraph (2), 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 this
section, upon application of the United States
under paragraph (2)(A), or the attorney general
(or other appropriate State official) of an af-
fected State under paragraph (2)(B), without no-
tice and the opportunity for a hearing, if the
United States or the State, as applicable, dem-
onstrates that there is probable cause to believe
that the transmission at issue violates section
1085 of title 18, United States Code, as added by
this section.
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(B) EXPIRATION.—A temporary restraining
order entered under this paragraph shall expire
on the earlier of—
(i) the expiration of the 30-day period
beginning on the date on which the order is
entered; or
(ii) the date on which a preliminary
injunction is granted or denied.
(C) HEARINGS.—A hearing requested con-
cerning an order entered under this paragraph
shall be held at the earliest practicable time.
(4) 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 this section) shall be liable for any
damages, penalty, or forfeiture, civil or criminal, for
a reasonable course of action taken to comply with a
court order issued under paragraph (2) or (3) of this
subsection.
(5) PROTECTION OF PRIVACY.—Nothing in this
section or the amendments made by this section shall
be construed to authorize an affirmative obligation on
an interactive computer service—
(A) to monitor use of its service; or
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(B) except as required by an order of a
court, to access, remove or disable access to mate-
rial where such material reveals conduct prohib-
ited by this section and the amendments made
by this section.
(6) NO EFFECT ON OTHER REMEDIES.—Nothing
in this subsection shall be construed to affect any
remedy under section 1084 or 1085 of title 18, United
States Code, as amended by this section, or under any
other Federal or State law. The availability of relief
under this subsection shall not depend on, or be af-
fected by, the initiation or resolution of any action
under section 1084 or 1085 of title 18, United States
Code, as amended by this section, or under any other
Federal or State law.
(7) CONTINUOUS JURISDICTION.—The court shall
have continuous jurisdiction under this subsection to
enforce section 1085 of title 18, United States Code,
as added by this section.
(e) 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, associ-
ated with enforcing section 1085 of title 18, United
States Code, as added by this section;
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(2) recommendations for the best use of the re-
sources 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.
(f) 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 this section, 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 re-
straining orders or injunctions imposed on those serv-
ices under this section;
(3) a calculation of the cost to the economy of il-
legal gambling on the Internet, and other societal
costs of such gambling; and
(4) an estimate of the effect, if any, on the Inter-
net caused by any court ordered temporary restrain-
ing orders or injunctions imposed under this section.
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(g) SEVERABILITY.—If any provision of this section,
an amendment made by this section, or the application of
such provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the remainder of
this section, the amendments made by this section, and the
application of the provisions of such to any person or cir-
cumstance shall not be affected thereby.
SEC. 625. SENSE OF THE SENATE REGARDING JA-
PAN’S RECESSION. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) The United States and Japan share common
goals of peace, stability, democracy, and economic
prosperity in East and Southeast Asia and around
the world.
(2) Japan’s economic and financial crisis rep-
resents a new challenge to United States-Japanese co-
operation to achieve these common goals and threat-
ens the economic stability of East and Southeast Asia
and the United States.
(3) A strong United States-Japanese alliance is
critical to stability in East and Southeast Asia.
(4) The importance of the United States-Japa-
nese alliance was reaffirmed by the President of the
United States and the Prime Minister of Japan in
the April 1996 Joint Security Declaration.
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(5) United States-Japanese bilateral military co-
operation was enhanced with the revision of the
United States Guidelines for Defense Cooperation in
1997.
(6) The Japanese economy, the second largest in
the world and over 2 times larger than the economy
in the rest of East Asia, has been growing at a little
over 1 percent annually since 1991 and is currently
in a recession with some forecasts suggesting that it
will contract by 1.5 percent in 1998.
(7) The estimated $574,000,000,000 of problem
loans in Japan’s banking sector and other problems
associated with an unstable banking sector remain the
major roadblock to economic recovery in Japan.
(8) The recent weakness in the yen, following a
10 percent depreciation of the yen against the dollar
over the last 5 months and a 45 percent depreciation
since 1995, has placed competitive price pressures on
United States industries and workers and is putting
downward pressure on China and the rest of the
economies in East and Southeast Asia to begin an-
other round of competitive currency devaluations.
(9) Japan’s current account surplus has in-
creased by 60 percent over the last 12 months from
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71,579,000,000 yen in 1996 to 114,357,000,000 yen
in 1997.
(10) A period of deflation in Japan would lead
to lower demand for United States products.
(11) The unnecessary and burdensome regulation
of the Japanese market constrains Japanese economic
growth and raises costs to business and consumers.
(12) Deregulating Japan’s economy and spur-
ring economic growth would ultimately benefit the
Japanese people with a higher standard of living and
a more secure future.
(13) Japan’s economic recession is slowing the
growth of the United States gross domestic product
and job creation in the United States.
(14) Japan has made significant efforts to re-
store economic growth with a 16,000,000,000,000 yen
stimulus package that includes 4,500,000,000,000 yen
in tax cuts and 11,500,000,000,000 yen in govern-
ment spending, a Total Plan to restore stability to the
private banking sector, and joint intervention with
the United States to strengthen the value of the yen
in international currency markets.
(15) The people of Japan expressed deep concern
about economic conditions and government leadership
in the Upper House elections held on July 12, 1998.
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(16) The Prime Minister of Japan tendered his
resignation on July 13, 1998, to take responsibility
for the Liberal Democratic Party’s poor election re-
sults and to acknowledge the desire of the people of
Japan for new leadership to restore economic stabil-
ity.
(17) Japan’s economic recession is having an ad-
verse effect on the economy of the United States and
is now seriously threatening the 9 years of unprece-
dented economic expansion in the United States.
(18) Japan’s economic recession is having an ad-
verse effect on the recovery of the East and Southeast
Asian economies.
(19) The American people and the countries of
East and Southeast Asia are looking for a demonstra-
tion of Japanese leadership and close United States-
Japanese cooperation in resolving Japan’s economic
crisis.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the President, the Secretary of the Treasury,
and the United States Trade Representative should
emphasize the importance of financial deregulation,
including banking reform, market deregulation, and
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restructuring bad bank debt as fundamental to Ja-
pan’s economic recovery; and
(2) the President, the Secretary of the Treasury,
the United States Trade Representative, the Secretary
of Commerce, and the Secretary of State should com-
municate to the Japanese Government that the first
priority of the new Prime Minister of Japan and his
Cabinet should be to restore economic growth in
Japan and promote stability in international finan-
cial markets.
SEC. 626. (a) Add the following at the end of section
1153(b)(5)(C) of title 8, United States Code:
‘‘(iv) DEFINITION.—
‘‘(I) As used in this subsection the
term ‘capital’ means cash, equipment,
inventory, other tangible property, and
cash equivalents, but shall not include
indebtedness. Nothing in this sub-
section shall be construed to exclude
documents, such as binding contracts,
as evidence that a petitioner is in the
process of investing capital as long as
the capital is not in the form of indebt-
edness with a payback period that ex-
ceeds 21 months.
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‘‘(II) Assets acquired, directly or
indirectly, by unlawful means (such as
criminal activities) shall not be consid-
ered capital for the purposes of this
subsection. A petitioner’s sworn dec-
laration concerning lawful sources of
capital shall constitute presumptive
proof of lawful sources for the purposes
of this subsection, although nothing
herein shall preclude further inquiry,
prior to approval of conditional lawful
permanent resident status.’’.
(b) This section shall not apply to any application
filed prior to July 23, 1998.
SEC. 627. (a) REQUIREMENT.—Section 230 of the
Communications Act of 1934 (47 U.S.C. 230) is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) OBLIGATIONS
OF INTERNET ACCESS PROVID-
ERS.—
‘‘(1) IN GENERAL.—An Internet access provider
shall, at the time of entering into an agreement with
a customer for the provision of Internet access serv-
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ices, offer such customer (either for a fee or at no
charge) screening software that is designed to permit
the customer to limit access to material on the Inter-
net that is harmful to minors.
‘‘(2) DEFINITIONS.—As used in this subsection:
‘‘(A) INTERNET
ACCESS
PROVIDER.—The
term ‘Internet access provider’ means a person
engaged in the business of providing a computer
and communications facility through which a
customer may obtain access to the Internet, but
does not include a common carrier to the extent
that it provides only telecommunications serv-
ices.
‘‘(B) INTERNET
ACCESS
SERVICES.—The
term ‘Internet access services’ means the provi-
sion of computer and communications services
through which a customer using a computer and
a modem or other communications device may
obtain access to the Internet, but does not include
telecommunications services provided by a com-
mon carrier.
‘‘(C) SCREENING
SOFTWARE.—The term
‘screening software’ means software that is de-
signed to permit a person to limit access to ma-
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terial on the Internet that is harmful to mi-
nors.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to agreements for the provision of
Internet access services entered into on or after the date that
is 6 months after the date of enactment of this Act.
SEC. 628. REPORT ON KOREAN STEEL SUBSIDIES. (a)
IN GENERAL.—Not later than 60 days after the date of en-
actment of this Act, the United States Trade Representative
(in this section referred to as the ‘‘Trade Representative’’)
shall report to Congress on the Trade Representative’s anal-
ysis regarding—
(1) whether the Korean Government provided
subsidies to Hanbo Steel;
(2) whether such subsidies had an adverse effect
on United States companies;
(3) the status of the Trade Representative’s con-
tacts with the Korean Government with respect to in-
dustry concerns regarding Hanbo Steel and efforts to
eliminate subsidies; and
(4) the status of the Trade Representative’s con-
tacts with other Asian trading partners regarding the
adverse effect of Korean steel subsidies on such trad-
ing partners.
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(b) STATUS OF INVESTIGATION.—The report described
in subsection (a) shall also include information on the sta-
tus of any investigations initiated as a result of press re-
ports that the Korean Government ordered Pohang Iron and
Steel Company, in which the Government owns a control-
ling interest, to sell steel in Korea at a price that is 30
percent lower than the international market prices.
SEC. 629. Notwithstanding any other provision of law,
no funds appropriated or otherwise made available for fis-
cal year 1999 by this Act or any other Act may be obligated
or expended for purposes of enforcing any rule or regulation
requiring the installation or operation aboard United
States fishing industry vessels of the Global Maritime Dis-
tress and Safety System (GMDSS).
SEC. 630. AGRICULTURAL EXPORT CONTROLS. The
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) is amended—
(1) by redesignating section 208 as section 209;
and
(2) by inserting after section 207 the following
new section:
‘‘SEC. 208. AGRICULTURAL CONTROLS.
‘‘(a) IN GENERAL.—
‘‘(1) REPORT TO CONGRESS.—If the President
imposes export controls on any agricultural commod-
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ity in order to carry out the provisions of this Act,
the President shall immediately transmit a report on
such action to Congress, setting forth the reasons for
the controls in detail and specifying the period of
time, which may not exceed 1 year, that the controls
are proposed to be in effect. If Congress, within 60
days after the date of its receipt of the report, adopts
a joint resolution pursuant to subsection (b), approv-
ing the imposition of the export controls, then such
controls shall remain in effect for the period specified
in the report, or until terminated by the President,
whichever occurs first. If Congress, within 60 days
after the date of its receipt of such report, fails to
adopt a joint resolution approving such controls, then
such controls shall cease to be effective upon the expi-
ration of that 60-day period.
‘‘(2) APPLICATION OF PARAGRAPH (1).—The pro-
visions of paragraph (1) and subsection (b) shall not
apply to export controls—
‘‘(A) which are extended under this Act if
the controls, when imposed, were approved by
Congress under paragraph (1) and subsection
(b); or
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‘‘(B) which are imposed with respect to a
country as part of the prohibition or curtailment
of all exports to that country.
‘‘(b) JOINT RESOLUTION.—
‘‘(1) IN
GENERAL.—For purposes of this sub-
section, the term ‘joint resolution’ means only a joint
resolution the matter after the resolving clause of
which is as follows: ‘That, pursuant to section 208 of
the International Emergency Economic Powers Act,
the President may impose export controls as specified
in 
the 
report 
submitted 
to 
Congress 
on
lllllllll.’, with the blank space being
filled with the appropriate date.
‘‘(2) INTRODUCTION.—On the day on which a re-
port is submitted to the House of Representatives and
the Senate under subsection (a), a joint resolution
with respect to the export controls specified in such
report shall be introduced (by request) in the House
of Representatives by the chairman of the Committee
on International Relations, for himself and the rank-
ing minority member of the Committee, or by Mem-
bers of the House designated by the chairman and
ranking minority member; and shall be introduced
(by request) in the Senate by the Majority Leader of
the Senate, for himself and the Minority Leader of the
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Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate.
If either House is not in session on the day on which
such a report is submitted, the joint resolution shall
be introduced in that House, as provided in the pre-
ceding sentence, on the first day thereafter on which
that House is in session.
‘‘(3) REFERRAL.—All joint resolutions intro-
duced in the House of Representatives and in the Sen-
ate shall be referred to the appropriate committee.
‘‘(4) DISCHARGE OF COMMITTEE.—If the com-
mittee of either House to which a joint resolution has
been referred has not reported the joint resolution at
the end of 30 days after its referral, the committee
shall be discharged from further consideration of the
joint resolution or of any other joint resolution intro-
duced with respect to the same matter.
‘‘(5) CONSIDERATION IN SENATE AND HOUSE OF
REPRESENTATIVES.—A joint resolution under this
subsection shall be considered in the Senate in accord-
ance with the provisions of section 601(b)(4) of the
International Security Assistance and Arms Export
Control Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions re-
ported or discharged pursuant to the provisions of
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this subsection, it shall be in order for the Committee
on Rules of the House of Representatives to present
for consideration a resolution of the House of Rep-
resentatives providing procedures for the immediate
consideration of a joint resolution under this sub-
section which may be similar, if applicable, to the
procedures set forth in section 601(b)(4) of the Inter-
national Security Assistance and Arms Export Con-
trol Act of 1976.
‘‘(6) PASSAGE BY 1 HOUSE.—In the case of a
joint resolution described in paragraph (1), if, before
the passage by 1 House of a joint resolution of that
House, that House receives a resolution with respect
to the same matter from the other House, then—
‘‘(A) the procedure in that House shall be
the same as if no joint resolution had been re-
ceived from the other House; but
‘‘(B) the vote on final passage shall be on
the joint resolution of the other House.
‘‘(c) COMPUTATION OF TIME.—In the computation of
the period of 60 days referred to in subsection (a) and the
period of 30 days referred to in paragraph (4) of subsection
(b), there shall be excluded the days on which either House
of Congress is not in session because of an adjournment of
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more than 3 days to a day certain or because of an adjourn-
ment of Congress sine die.’’.
SEC. 631. INVESTIGATION OF PRACTICES OF CANADIAN
WHEAT BOARD. (a) IN GENERAL.—Notwithstanding any
other provision of law, not less than 4 of the new employees
authorized in fiscal years 1998 and 1999 for the Office of
the United States Trade Representative shall work on inves-
tigating pricing practices of the Canadian Wheat Board
and determining whether the United States spring wheat,
barley, or durum wheat industries have suffered injury as
a result of those practices.
(b) SCOPE OF INVESTIGATION.—The purpose of the in-
vestigation described in subsection (a) shall be to determine
whether the practices of the Canadian Wheat Board con-
stitute violations of the antidumping or countervailing duty
provisions of title VII of the Tariff Act of 1930 or the provi-
sions of title II or III of the Trade Act of 1974. The inves-
tigation shall include—
(1) a determination as to whether the United
States durum wheat industry, spring wheat industry,
or barley industry is being materially injured or is
threatened with material injury as a result of the
practices of the Canadian Wheat Board;
(2) a determination as to whether the acts, poli-
cies, or practices of the Canadian Wheat Board—
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(A) violate, or are inconsistent with, the
provisions of, or otherwise deny benefits to the
United States under, any trade agreement, or
(B) are unjustifiable or burden or restrict
United States commerce;
(3) a review of home market price and cost of ac-
quisition of Canadian grain;
(4) a determination as to whether Canadian
grain is being imported into the United States in suf-
ficient quantities to be a substantial cause of serious
injury or threat of serious injury to the United States
spring wheat, barley, or durum wheat industries; and
(5) a determination as to whether there is har-
monization in the requirements for cross-border trans-
portation of grain between Canada and the United
States.
(c) ACTION BASED ON RESULTS OF THE INVESTIGA-
TION.—
(1) IN GENERAL.—If, based on the investigation
conducted pursuant to this section, there is an affirm-
ative determination under subsection (b) with respect
to any act, policy, or practice of the Canadian Wheat
Board, appropriate action shall be initiated under
title VII of the Tariff Act of 1930, or title II or III
of the Trade Act of 1974.
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(2) CORRECTION
OF
HARMONIZATION
PROB-
LEMS.—If, based on the investigation conducted pur-
suant to this section, there is a determination that
there is no harmonization for cross-border grain
transportation between Canada and the United
States, the United States Trade Representative shall
report to Congress regarding what action should be
taken in order to harmonize cross-border transpor-
tation requirements.
(d) REPORT.—Not later than 6 months after the date
of enactment of this Act, the United States Trade Represent-
ative shall report to Congress on the results of the investiga-
tion conducted pursuant to this section.
(e) DEFINITION OF GRAIN.—For purposes of this sec-
tion, the terms ‘‘Canadian grain’’ and ‘‘grain’’ include
spring wheat, durum wheat, and barley.
SEC. 632. (a) IN GENERAL.—Section 331 of the Com-
munications Act of 1934 (47 U.S.C. 331) is amended by
adding at the end the following:
‘‘(c) FM TRANSLATOR STATIONS.—(1) It may be the
policy of the Commission, in any case in which the licensee
of an existing FM translator station operating in the com-
mercial FM band is licensed to a county (or to a commu-
nity in such county) that has a population of 700,000 or
more persons, is not an integral part of a larger municipal
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entity, and lacks a commercial FM radio station licensed
to the county (or to any community within such county),
to extend to the licensee—
‘‘(A) authority for the origination of unlimited
local programming through the station on a primary
basis but only if the licensee abides in such program-
ming by all rules, regulations, and policies of the
Commission regarding program material, content,
schedule, and public service obligations otherwise ap-
plicable to commercial FM radio stations; and
‘‘(B) authority to operate the station (either
omnidirectionally or directionally, with facilities
equivalent to those of a station operating with maxi-
mum effective radiated power of less than 100 watts
and maximum antenna height above average terrain
of 100 meters) if—
‘‘(i) the station is not located within 320
kilometers (approximately 199 miles) of the
United States border with Canada or with Mex-
ico;
‘‘(ii) the station provides full service FM
stations operating on co-channel and first adja-
cent channels protection from interference as re-
quired by rules and regulations of the Commis-
sion applicable to full service FM stations; and
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‘‘(iii) the station complies with any other
rules, regulations, and policies of the Commis-
sion applicable to FM translator stations that
are not inconsistent with the provisions of this
subparagraph.
‘‘(2) Notwithstanding any rules, regulations, or poli-
cies of the Commission applicable to FM translator stations,
a station operated under the authority of paragraph
(1)(B)—
‘‘(A) may accept or receive any amount of theo-
retical interference from any full service FM station;
‘‘(B) may be deemed to comply in such operation
with any intermediate frequency (IF) protection re-
quirements if the station’s effective radiated power in
the pertinent direction is less than 100 watts;
‘‘(C) may not be required to provide protection
in such operation to any other FM station operating
on 2nd or 3rd adjacent channels;
‘‘(D) may utilize transmission facilities located
in the county to which the station is licensed or in
which the station’s community of license is located;
and
‘‘(E) may utilize a directional antennae in such
operation to the extent that such use is necessary to
assure provision of maximum possible service to the
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residents of the county in which the station is licensed
or in which the station’s community of license is lo-
cated.
‘‘(3)(A) A licensee may exercise the authority provided
under paragraph (1)(A) immediately upon written notifi-
cation to the Commission of its intent to exercise such au-
thority.
‘‘(B)(i) A licensee may submit to the Commission an
application to exercise the authority provided under para-
graph (1)(B). The Commission may treat the application
as an application for a minor change to the license to which
the application applies.
‘‘(ii) A licensee may exercise the authority provided
under paragraph (1)(B) upon the granting of the applica-
tion to exercise the authority under clause (i).’’.
(b) CONFORMING AMENDMENT.—The section heading
of that section is amended to read as follows:
‘‘SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM AND
FM RADIO STATIONS.’’.
(c) RENEWAL OF CERTAIN LICENSES.—(1) Notwith-
standing any other provision of law, the Federal Commu-
nications Commission may renew the license of an FM
translator station the licensee of which is exercising author-
ity under subparagraph (A) or (B) of section 331(c)(1) of
the Communications Act of 1934, as added by subsection
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(a), upon application for renewal of such license filed after
the date of enactment of this Act, if the Commission deter-
mines that the public interest, convenience, and necessity
would be served by the renewal of the license.
(2) If the Commission determines under paragraph (1)
that the public interest, convenience, and necessity would
not be served by the renewal of a license, the Commission
shall, within 30 days of the date on which the decision not
to renew the license becomes final, provide for the filing of
applications for licenses for FM translator service to replace
the FM translator service covered by the license not to be
renewed.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing on September 30, 1997, $45,326,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
(RESCISSIONS)
Of the funds provided in previous Acts, the following
funds are hereby rescinded from the following accounts in
the specified amounts:
‘‘Construction, 1996’’, $6,000,000.
‘‘Construction, 1998’’, $4,000,000.
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‘‘Salaries and Expenses-Legal Attache´, 1998’’,
$4,178,000.
‘‘Salaries and Expenses, no year’’, $6,400,000.
‘‘Violent Crime Reduction Program, 1996’’,
$2,000,000.
‘‘Violent Crime Reduction Program, 1997’’,
$300,000.
DEPARTMENT OF COMMERCE
(RESCISSIONS)
Of the funds provided in previous Acts, the following
funds are hereby rescinded from the following accounts in
the specified amounts:
‘‘United States Travel and Tourism Administra-
tion, no year’’, $915,000.
‘‘Endowment for Children’s Educational TV, no year’’,
$1,175,000.
DEPARTMENT OF STATE
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
(RESCISSION)
Of the total amount of appropriations provided in Acts
enacted before this Act for the Interparliamentary Union,
$400,000 is rescinded.
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TITLE VIII—LOCAL GOVERNMENT LAW
ENFORCEMENT BLOCK GRANT ACT
SEC. 801. SHORT TITLE; DEFINITIONS. (a) SHORT
TITLE.—This title may be cited as the ‘‘Local Government
Law Enforcement Block Grant Act of 1998’’.
(b) DEFINITIONS.—In this Act:
(1) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Bureau of Justice Assistance of the De-
partment of Justice.
(2) JUVENILE.—The term ‘‘juvenile’’ means an
individual who is 17 years of age or younger.
(3) LAW
ENFORCEMENT
EXPENDITURES.—The
term ‘‘law enforcement expenditures’’ means the cur-
rent operation expenditures associated with police,
prosecutorial, legal, and judicial services, and correc-
tions as reported to the Bureau of the Census.
(4) PART 1 VIOLENT CRIMES.—The term ‘‘part 1
violent crimes’’ means murder and nonnegligent man-
slaughter, forcible rape, robbery, and aggravated as-
sault as reported to the Federal Bureau of Investiga-
tion for purposes of the Uniform Crime Reports.
(5) PAYMENT PERIOD.—The term ‘‘payment pe-
riod’’ means each 1-year period beginning on October
1 of any year in which a grant under this Act is
awarded.
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(6) STATE.—The term ‘‘State’’ means any State
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands, except that American Samoa, Guam, and the
Northern Mariana Islands shall be considered as 1
State and that, for purposes of section 805(a), 33 per-
cent of the amounts allocated shall be allocated to
American Samoa, 50 percent to Guam, and 17 per-
cent to the Northern Mariana Islands.
(7) UNIT
OF
LOCAL
GOVERNMENT.—The term
‘‘unit of local government’’ means—
(A) a county, township, city, or political
subdivision of a county, township, or city, that
is a general purpose unit of local government, as
determined by the Secretary of Commerce for
general statistical purposes, including a parish
sheriff in the State of Louisiana;
(B) the District of Columbia and the recog-
nized governing body of an Indian tribe or Alas-
ka Native village that carries out substantial
governmental duties and powers; and
(C) the Commonwealth of Puerto Rico, in
addition to being considered a State, for the pur-
poses set forth in section 802(a)(2).
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SEC. 802. PAYMENTS TO LOCAL GOVERNMENTS. (a)
PAYMENT AND USE.—
(1) PAYMENT.—The Director shall pay to each
unit of local government that qualifies for a payment
under this Act an amount equal to the sum of any
amounts allocated to such unit under this Act for
each payment period. The Director shall pay such
amount from amounts appropriated to carry out this
Act.
(2) USE.—Amounts paid to a unit of local gov-
ernment under this section shall be used by the unit
for reducing crime and improving public safety, in-
cluding but not limited to, 1 or more of the following
purposes:
(A)(i) Hiring, training, and employing on
a continuing basis new, additional law enforce-
ment officers and necessary support personnel.
(ii) Paying overtime to presently employed
law enforcement officers and necessary support
personnel for the purpose of increasing the num-
ber of hours worked by such personnel.
(iii) Procuring equipment, technology, and
other material directly related to basic law en-
forcement functions.
(B) Enhancing security measures—
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(i) in and around schools; and
(ii) in and around any other facility
or location that is considered by the unit of
local government to have a special risk for
incidents of crime.
(C) Establishing crime prevention programs
that may, though not exclusively, involve law en-
forcement officials and that are intended to dis-
courage, disrupt, or interfere with the commis-
sion of criminal activity, including neighborhood
watch and citizen patrol programs, sexual as-
sault and domestic violence programs, and pro-
grams intended to prevent juvenile crime.
(D) Establishing or supporting drug courts.
(E) Establishing early intervention and
prevention programs for juveniles to reduce or
eliminate crime.
(F) Enhancing the adjudication process of
cases involving violent offenders, including the
adjudication process of cases involving violent
juvenile offenders.
(G) Enhancing programs under subpart 1
of part E of the Omnibus Crime Control and
Safe Streets Act of 1968.
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(H) Establishing cooperative task forces be-
tween adjoining units of local government to
work cooperatively to prevent and combat crimi-
nal activity, particularly criminal activity that
is exacerbated by drug or gang-related involve-
ment.
(I) Establishing a multijurisdictional task
force, particularly in rural areas, composed of
law enforcement officials representing units of
local government, that works with Federal law
enforcement officials to prevent and control
crime.
(J) Establishing or supporting programs
designed to collect, record, retain, and dissemi-
nate information useful in the identification,
prosecution, and sentencing of offenders, such as
criminal history information, fingerprints, DNA
tests, and ballistics tests.
(3) DEFINITIONS.—In this subsection—
(A) the term ‘‘violent offender’’ means a
person charged with committing a part I violent
crime; and
(B) the term ‘‘drug courts’’ means a pro-
gram that involves—
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(i) continuing judicial supervision over
offenders with substance abuse problems who
are not violent offenders; and
(ii) the integrated administration of
other sanctions and services, which shall in-
clude—
(I) mandatory periodic testing for
the use of controlled substances or other
addictive substances during any period
of supervised release or probation for
each participant;
(II) substance abuse treatment for
each participant;
(III) probation, or other super-
vised release involving the possibility
of prosecution, confinement, or incar-
ceration based on noncompliance with
program requirements or failure to
show satisfactory progress; and
(IV) programmatic, offender man-
agement, and aftercare services such as
relapse 
prevention, 
vocational 
job
training, job placement, and housing
placement.
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(b) PROHIBITED USES.—Notwithstanding any other
provision of this Act, a unit of local government may not
expend any of the funds provided under this Act to pur-
chase, lease, rent, or otherwise acquire—
(1) tanks or armored personnel carriers;
(2) fixed wing aircraft;
(3) limousines;
(4) real estate;
(5) yachts;
(6) consultants; or
(7) vehicles not primarily used for law enforce-
ment;
unless the Attorney General certifies that extraordinary and
exigent circumstances exist that make the use of funds for
such purposes essential to the maintenance of public safety
and good order in such unit of local government. With re-
gard to paragraph (2), such circumstances shall be deemed
to exist with respect to a unit of local government in a rural
State, as defined in section 1501 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb),
upon certification by the chief law enforcement officer of
the unit of local government that the unit of local govern-
ment is experiencing an increase in production or cultiva-
tion of a controlled substance or listed chemical (as defined
in section 102 of the Controlled Substances Act), and that
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the fixed wing aircraft will be used in the detection, disrup-
tion, or abatement of such production or cultivation.
(c) TIMING OF PAYMENTS.—The Director shall pay
each unit of local government that has submitted an appli-
cation under this Act not later than the later of—
(1) 90 days after the date that the amount is
available; or
(2) the first day of the payment period if the
unit of local government has provided the Director
with the assurances required by section 804(c).
(d) ADJUSTMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), the
Director shall adjust a payment under this Act to a
unit of local government to the extent that a prior
payment to the unit of local government was more or
less than the amount required to be paid.
(2) CONSIDERATIONS.—The Director may in-
crease or decrease under this subsection a payment to
a unit of local government only if the Director deter-
mines the need for the increase or decrease, or if the
unit requests the increase or decrease, not later than
1 year after the end of the payment period for which
a payment was made.
(e) RESERVATION FOR ADJUSTMENT.—The Director
may reserve a percentage of not more than 2 percent of the
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amount under this section for a payment period for all
units of local government in a State if the Director consid-
ers the reserve is necessary to ensure the availability of suf-
ficient amounts to pay adjustments after the final alloca-
tion of amounts among the units of local government in
the State.
(f) REPAYMENT OF UNEXPENDED AMOUNTS.—
(1) REPAYMENT REQUIRED.—A unit of local gov-
ernment shall repay to the Director, by not later than
27 months after receipt of funds from the Director,
any amount that is—
(A) paid to the unit from amounts appro-
priated under the authority of this section; and
(B) not expended by the unit within 2 years
after receipt of such funds from the Director.
(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the Direc-
tor shall reduce payment in future payment periods
accordingly.
(3) DEPOSIT
OF
AMOUNTS
REPAID.—Amounts
received by the Director as repayments under this
subsection shall be deposited in a designated fund for
future payments to units of local government. Any
amounts remaining in such designated fund after 5
years following the date of enactment of this Act shall
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be applied to the Federal deficit or, if there is no Fed-
eral deficit, to reducing the Federal debt.
(g) NONSUPPLANTING REQUIREMENT.—Funds made
available under this Act to units of local government shall
not be used to supplant State or local funds, but shall be
used to increase the amount of funds that would, in the
absence of funds made available under this Act, be made
available from State or local sources.
(h) MATCHING FUNDS.—The Federal share of a grant
received under this Act may not exceed 90 percent of the
costs of a program or proposal funded under this Act. No
funds provided under this Act may be used as matching
funds for any other Federal grant program.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS. (a)
AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this Act $750,000,000
for each of fiscal years 1998 through 2003.
(b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRA-
TION.—Not more than 3 percent of the amount authorized
to be appropriated under subsection (a) for each of the fiscal
years 1998 through 2003 shall be available to the Attorney
General for studying the overall effectiveness and efficiency
of the provisions of this Act, and assuring compliance with
the provisions of this Act and for administrative costs to
carry out the purposes of this Act. From the amount de-
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scribed in the preceding sentence, the Bureau of Justice As-
sistance shall receive such sums as may be necessary for
the actual costs of administration and monitoring. The At-
torney General shall establish and execute an oversight plan
for monitoring the activities of grant recipients. Such sums
are to remain available until expended.
(c) FUNDING SOURCE.—Appropriations for activities
authorized in this Act may be made from the Violent Crime
Reduction Trust Fund.
(d) TECHNOLOGY ASSISTANCE.—Of the amount appro-
priated under subsection (a) for each of fiscal years 1998
through 2003, the Attorney General shall reserve—
(1) 3 percent for use by the Bureau of Justice
Statistics for information and identification tech-
nology, including the Integrated Automated Finger-
print Identification System (IAFIS), DNA, and bal-
listics systems; and
(2) 3 percent for use by the National Institute of
Justice in assisting units of local government to iden-
tify, select, develop, modernize, and purchase new
technologies for use by law enforcement.
(e) AVAILABILITY.—The amounts appropriated under
subsection (a) shall remain available until expended.
SEC. 804. QUALIFICATION FOR PAYMENT. (a) IN GEN-
ERAL.—The Director shall issue regulations establishing
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procedures under which a unit of local government is re-
quired to provide notice to the Director regarding the pro-
posed use of funds made available under this Act.
(b) PROGRAM REVIEW.—The Director shall establish
a process for the ongoing evaluation of projects developed
with funds made available under this Act.
(c) GENERAL REQUIREMENTS FOR QUALIFICATION.—
A unit of local government qualifies for a payment under
this Act for a payment period only if the unit of local gov-
ernment submits an application to the Director and estab-
lishes, to the satisfaction of the Director, that—
(1) the unit of local government has established
a local advisory board that—
(A) includes, but is not limited to, a rep-
resentative from—
(i) the local police department or local
sheriff’s department;
(ii) the local prosecutor’s office;
(iii) the local court system;
(iv) the local public school system; and
(v) a local nonprofit, educational, reli-
gious, or community group active in crime
prevention or drug use prevention or treat-
ment;
(B) has reviewed the application; and
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(C) is designated to make nonbinding rec-
ommendations to the unit of local government for
the use of funds received under this Act;
(2) the chief executive officer of the State has had
not less than 20 days to review and comment on the
application prior to submission to the Director;
(3)(A) the unit of local government will establish
a trust fund in which the government will deposit all
payments received under this Act; and
(B) the unit of local government will use
amounts in the trust fund (including interest) during
a period not to exceed 2 years from the date the first
grant payment is made to the unit of local govern-
ment;
(4) the unit of local government will expend the
payments received in accordance with the laws and
procedures that are applicable to the expenditure of
revenues of the unit of local government;
(5) the unit of local government will use account-
ing, audit, and fiscal procedures that conform to
guidelines, which shall be prescribed by the Director
after consultation with the Comptroller General of the
United States and as applicable, amounts received
under this Act shall be audited in compliance with
the Single Audit Act of 1984;
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(6) after reasonable notice from the Director or
the Comptroller General of the United States to the
unit of local government, the unit of local government
will make available to the Director and the Comptrol-
ler General of the United States, with the right to in-
spect, records that the Director reasonably requires to
review compliance with this Act or that the Comptrol-
ler General of the United States reasonably requires
to review compliance and operation;
(7) a designated official of the unit of local gov-
ernment shall make reports the Director reasonably
requires, in addition to the annual reports required
under this Act;
(8) the unit of local government will spend the
funds made available under this Act only for the pur-
poses set forth in section 802(a)(2);
(9) the unit of local government will achieve a
net gain in the number of law enforcement officers
who perform nonadministrative public safety service
if such unit uses funds received under this Act to in-
crease the number of law enforcement officers as de-
scribed under section 802(a)(2)(A);
(10) the unit of local government—
(A) has an adequate process to assess the
impact of any enhancement of a school security
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measure that is undertaken under section
802(a)(2)(B), or any crime prevention programs
that are established under subparagraphs (C)
and (E) of section 802(a)(2), on the incidence of
crime in the geographic area where the enhance-
ment is undertaken or the program is estab-
lished;
(B) will conduct such an assessment with
respect to each such enhancement or program;
and
(C) will submit an annual written assess-
ment report to the Director; and
(11) the unit of local government has established
procedures to give members of the Armed Forces who,
on or after October 1, 1990, were or are selected for
involuntary separation (as described in section 1141
of title 10, United States Code), approved for separa-
tion under section 1174a or 1175 of such title, or re-
tired pursuant to the authority provided under sec-
tion 4403 of the Defense Conversion, Reinvestment,
and Transition Assistance Act of 1992 (division D of
Public Law 102–484; 10 U.S.C. 1293 note), a suitable
preference in the employment of persons as additional
law enforcement officers or support personnel using
funds made available under this Act. The nature and
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extent of such employment preference shall be jointly
established by the Attorney General and the Secretary
of Defense. To the extent practicable, the Director
shall endeavor to inform members who were separated
between October 1, 1990, and the date of enactment
of this Act of their eligibility for the employment pref-
erence.
(d) SANCTIONS FOR NONCOMPLIANCE.—
(1) IN
GENERAL.—If the Director determines
that a unit of local government has not complied sub-
stantially with the requirements or regulations pre-
scribed under subsections (a) and (c), the Director
shall notify the unit of local government that if the
unit of local government does not take corrective ac-
tion within 60 days of such notice, the Director will
withhold additional payments to the unit of local gov-
ernment for the current and future payment periods
until the Director is satisfied that the unit of local
government—
(A) has taken the appropriate corrective ac-
tion; and
(B) will comply with the requirements and
regulations prescribed under subsections (a) and
(c).
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(2) NOTICE.—Before giving notice under para-
graph (1), the Director shall give the chief executive
officer of the unit of local government reasonable no-
tice and an opportunity for comment.
(e) MAINTENANCE
OF EFFORT REQUIREMENT.—A
unit of local government qualifies for a payment under this
Act for a payment period only if the unit’s expenditures
on law enforcement services (as reported by the Bureau of
the Census) for the fiscal year preceding the fiscal year in
which the payment period occurs were not less than 90 per-
cent of the unit’s expenditures on such services for the sec-
ond fiscal year preceding the fiscal year in which the pay-
ment period occurs.
SEC. 805. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE SET-ASIDE.—
(1) IN GENERAL.—Of the total amounts appro-
priated for this Act for each payment period, the Di-
rector shall allocate for units of local government in
each State an amount that bears the same ratio to
such total as the average annual number of part 1
violent crimes reported by such State to the Federal
Bureau of Investigation for the 3 most recent cal-
endar years for which such data is available, bears to
the number of part 1 violent crimes reported by all
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States to the Federal Bureau of Investigation for such
years.
(2) MINIMUM REQUIREMENT.—Each State shall
receive not less than 0.5 percent of the total amounts
appropriated under section 803 under this subsection
for each payment period.
(3) PROPORTIONAL
REDUCTION.—If amounts
available to carry out paragraph (2) for any payment
period are insufficient to pay in full the total pay-
ment that any State is otherwise eligible to receive
under paragraph (1) for such period, then the Direc-
tor shall reduce payments under paragraph (1) for
such payment period to the extent of such insuffi-
ciency. Reductions under the preceding sentence shall
be allocated among the States (other than States
whose payment is determined under paragraph (2))
in the same proportions as amounts would be allo-
cated under paragraph (1) without regard to para-
graph (2).
(b) LOCAL DISTRIBUTION.—
(1) IN GENERAL.—From the amount reserved for
each State under subsection (a), the Director shall al-
locate among units of local government an amount
that bears the same ratio to the aggregate amount of
such funds as
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(A) the product of—
(i) two-thirds; multiplied by
(ii) the ratio of the average annual
number of part 1 violent crimes in such
unit of local government for the 3 most re-
cent calendar years for which such data is
available, to the sum of such violent crime
in all units of local government in the
State; and
(B) the product of—
(i) one-third; multiplied by
(ii) the ratio of the law enforcement ex-
penditure, for such unit of local government
for the most recent year for which such data
are available, to such expenditures for all
units of local government in the State.
(2) EXPENDITURES.—The allocation any unit of
local government shall receive under paragraph (1)
for a payment period shall not exceed 100 percent of
law enforcement expenditures of the unit for such
payment period.
(3) REALLOCATION.—The amount of any unit of
local government’s allocation that is not available to
such unit by operation of paragraph (2) shall be
available to other units of local government that are
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not affected by such operation in accordance with this
subsection.
(4) LOCAL GOVERNMENTS WITH ALLOCATIONS OF
LESS THAN $10,000.—If under paragraph (1) a unit
of local government is allotted less than $10,000 for
the payment period, the amount allotted shall be
transferred to the chief executive officer of the State
who shall distribute such funds among State police
departments that provide law enforcement services to
units of local government and units of local govern-
ment whose allotment is less than such amount in a
manner that reduces crime and improves public safe-
ty.
(5) SPECIAL RULE.—If a unit of local govern-
ment in the State has been annexed since the date of
the collection of the data used by the Director in mak-
ing allocations pursuant to this section, the Director
shall pay the amount that would have been allocated
to such unit of local government to the unit of local
government that annexed it.
(c) GRANTS
TO INDIAN TRIBES.—Notwithstanding
subsections (a) and (b), of the amount appropriated under
section 803(a) in each of fiscal years 1998 through 2003,
the Attorney General shall reserve 0.3 percent for grants
to Indian tribal governments performing law enforcement
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functions, to be used for the purposes described in section
802. To be eligible to receive a grant with amounts set aside
under this subsection, an Indian tribal government shall
submit to the Attorney General an application in such form
and containing such information as the Attorney General
may by regulation require.
(d) UNAVAILABILITY AND INACCURACY OF INFORMA-
TION.—
(1) DATA FOR STATES.—For purposes of this sec-
tion, if data regarding part 1 violent crimes in any
State for the 3 most recent calendar years is unavail-
able, insufficient, or substantially inaccurate, the Di-
rector shall utilize the best available comparable data
regarding the number of violent crimes for such years
for such State for the purposes of allocation of any
funds under this Act.
(2) POSSIBLE INACCURACY OF DATA FOR UNITS
OF LOCAL GOVERNMENT.—In addition to the provi-
sions of paragraph (1), if the Director believes that
the reported rate of part 1 violent crimes or legal ex-
penditure information for a unit of local government
is insufficient or inaccurate, the Director shall—
(A) investigate the methodology used by
such unit to determine the accuracy of the sub-
mitted data; and
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(B) when necessary, use the best available
comparable data regarding the number of violent
crimes or legal expenditure information for such
years for such unit of local government.
SEC. 806. UTILIZATION OF PRIVATE SECTOR. Funds
or a portion of funds allocated under this Act may be uti-
lized to contract with private, nonprofit entities or commu-
nity-based organizations to carry out the purposes specified
under section 802(a)(2).
SEC. 807. PUBLIC PARTICIPATION. (a) IN GENERAL.—
A unit of local government expending payments under this
Act shall hold not less than 1 public hearing on the proposed
use of the payment from the Director in relation to its en-
tire budget.
(b) VIEWS.—At the hearing, persons shall be given an
opportunity to provide written and oral views to the unit
of local government authority responsible for enacting the
budget.
(c) TIME AND PLACE.—The unit of local government
shall hold the hearing at a time and place that allows and
encourages public attendance and participation.
SEC. 808. ADMINISTRATIVE PROVISIONS. The adminis-
trative provisions of part H of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3782 et seq.), shall
apply to this Act and for purposes of this section any ref-
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erence in such provisions to title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) shall be deemed to be a reference to this Act.
TITLE IX—NATIONAL WHALE CONSERVATION
FUND ACT
SEC. 901. SHORT TITLE. This title may be cited as
the ‘‘National Whale Conservation Fund Act of 1998’’.
SEC. 902. FINDINGS. Congress finds that—
(1) the populations of whales that occur in wa-
ters of the United States are resources of substantial
ecological, scientific, socioeconomic, and esthetic
value;
(2) whale populations—
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale
watching tourist industry that provides the pub-
lic an opportunity to enjoy and learn about
great whales and the ecosystems of which the
whales are a part; and
(D) are of importance to Native Americans
for cultural and subsistence purposes;
(3) whale populations are in various stages of re-
covery, and some whale populations, such as the
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northern right whale (Eubaleana glacialis) remain
perilously close to extinction;
(4) the interactions that occur between ship traf-
fic, commercial fishing, whale watching vessels, and
other recreational vessels and whale populations may
affect whale populations adversely;
(5) the exploration and development of oil, gas,
and hard mineral resources, marine debris, chemical
pollutants, noise, and other anthropogenic sources of
change in the habitat of whales may affect whale pop-
ulations adversely;
(6) the conservation of whale populations is sub-
ject to difficult challenges related to—
(A) the migration of whale populations
across international boundaries;
(B) the size of individual whales, as that
size precludes certain conservation research pro-
cedures that may be used for other animal spe-
cies, such as captive research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to en-
sure recovery of whale populations; and
(D) the occurrence of whale populations in
offshore waters where undertaking research, mon-
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itoring, and conservation measures is difficult
and costly;
(7)(A) the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmos-
pheric Administration, has research and regulatory
responsibility for the conservation of whales under the
Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.); and
(B) the heads of other Federal agencies and the
Marine Mammal Commission established under sec-
tion 201 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1401) have related research and
management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
(8) the funding available for the activities de-
scribed in paragraph (8) is insufficient to support all
necessary whale conservation and recovery activities;
and
(9) there is a need to facilitate the use of funds
from non-Federal sources to carry out the conserva-
tion of whales.
SEC. 903. NATIONAL WHALE CONSERVATION FUND.
Section 4 of the National Fish and Wildlife Establishment
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Act (16 U.S.C. 3703) is amended by adding at the end the
following:
‘‘(f)(1) In carrying out the purposes under section 2(b),
the Foundation may establish a national whale conserva-
tion endowment fund, to be used by the Foundation to sup-
port research, management activities, or educational pro-
grams that contribute to the protection, conservation, or re-
covery of whale populations in waters of the United States.
‘‘(2)(A) In a manner consistent with subsection (c)(1),
the Foundation may—
‘‘(i) accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest made to the Founda-
tion for the express purpose of supporting whale con-
servation; and
‘‘(ii) deposit in the endowment fund under para-
graph (1) any funds made available to the Founda-
tion under this subparagraph, including any income
or interest earned from a gift, devise, or bequest re-
ceived by the Foundation under this subparagraph.
‘‘(B) To raise funds to be deposited in the endowment
fund under paragraph (1), the Foundation may enter into
appropriate arrangements to provide for the design, copy-
right, production, marketing, or licensing, of logos, seals,
decals, stamps, or any other item that the Foundation deter-
mines to be appropriate.
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‘‘(C)(i) The Secretary of Commerce may transfer to the
Foundation for deposit in the endowment fund under para-
graph (1)—
‘‘(I) any amount (or portion thereof) received by
the Secretary under section 105(a)(1) of the Marine
Mammal 
Protection 
Act 
of 
1972 
(16 
U.S.C.
1375(a)(1)) as a civil penalty assessed by the Sec-
retary under that section; or
‘‘(II) any amount (or portion thereof) received
by the Secretary as a settlement or award for dam-
ages in a civil action or other legal proceeding relat-
ing to damage of natural resources.
‘‘(ii) The Directors of the Board shall ensure that any
amounts transferred to the Foundation under clause (i) for
the endowment fund under paragraph (1) are deposited in
that fund in accordance with this subparagraph.
‘‘(3) It is the intent of Congress that in making ex-
penditures from the endowment fund under paragraph (1)
to carry out activities specified in that paragraph, the
Foundation should give priority to funding projects that
address the conservation of populations of whales that the
Foundation determines—
‘‘(A) are the most endangered (including the
northern right whale (Eubaleana glacialis)); or
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‘‘(B) most warrant, and are most likely to bene-
fit from, research managment, or educational activi-
ties that may be funded with amounts made available
from the fund.
‘‘(g) In carrying out any action on the part of the
Foundation under subsection (f), the Directors of the Board
shall consult with the Administrator of the National Oce-
anic and Atmospheric Administration and the Marine
Mammal Commission.’’.
TITLE X—VAWA RESTORATION ACT
SEC. 1001. SHORT TITLE. This title may be cited as
the ‘‘VAWA Restoration Act’’.
SEC. 1002. REMOVING BARRIERS TO ADJUSTMENT OF
STATUS FOR VICTIMS OF DOMESTIC VIOLENCE. (a) IN GEN-
ERAL.—Section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) is amended—
(1) in subsection (a), by inserting ‘‘of an alien
who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1) or’’ after ‘‘The status’’;
(2) in subsection (a), by adding at the end the
following: ‘‘An alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) of section 204(a)(1) who files for adjustment
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of status under this subsection shall pay a $1,000 fee,
subject to the provisions of section 245(k).’’;
(3) in subsection (c)(2), by striking ‘‘201(b) or a
special’’ and inserting ‘‘201(b), an alien who qualifies
for 
classification 
under 
subparagraph 
(A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), or a
special’’;
(4) in subsection (c)(4), by striking ‘‘201(b))’’
and inserting ‘‘201(b) or an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1))’’;
(5) in subsection (c)(5), by inserting ‘‘(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))’’ after ‘‘an alien’’; and
(6) in subsection (c)(8), by inserting ‘‘(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1)’’ after ‘‘any alien’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to applications for adjustment of sta-
tus pending on or after the date of the enactment of this
title.
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SEC. 1003. REMOVING BARRIERS TO CANCELLATION
OF REMOVAL AND SUSPENSION OF DEPORTATION FOR VIC-
TIMS OF DOMESTIC VIOLENCE. (a) IN GENERAL.—
(1) SPECIAL RULE FOR CALCULATING CONTINU-
OUS PERIOD FOR BATTERED SPOUSE OR CHILD.—
Paragraph (1) of section 240A(d) of the Immigration
and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for purposes of this section,
any period of continuous residence or continuous
physical presence in the United States shall be
deemed to end when the alien is served a notice
to appear under section 239(a) or when the alien
has committed an offense referred to in section
212(a)(2) that renders the alien inadmissible to
the United States under section 212(a)(2) or re-
movable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
‘‘(B) SPECIAL RULE FOR BATTERED SPOUSE
OR CHILD.—For purposes of subsection (b)(2),
the service of a notice to appear referred to in
subparagraph (A) shall not be deemed to end
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any period of continuous physical presence in
the United States.’’.
(2) EXEMPTION FROM ANNUAL LIMITATION ON
CANCELLATION OF REMOVAL FOR BATTERED SPOUSE
OR CHILD.—Section 240A(e)(3) of the Immigration
and Nationality Act (8 U.S.C. 1229b(e)(3)) is amend-
ed by adding at the end the following:
‘‘(C) Aliens whose removal is canceled under
subsection (b)(2).’’.
(3) EFFECTIVE DATE.—The amendments made
by paragraphs (1) and (2) shall take effect as if in-
cluded in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104–208; 110 Stat. 587).
(b) MODIFICATION OF CERTAIN TRANSITION RULES
FOR BATTERED SPOUSE OR CHILD.—
(1) IN GENERAL.—Subparagraph (C) of section
309(c)(5) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1101
note) (as amended by section 203 of the Nicaraguan
Adjustment and Central American Relief Act) is
amended—
(A) by amending the subparagraph heading
to read as follows:
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‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS
GRANTED
TEMPORARY
PROTECTION
FROM
DE-
PORTATION AND FOR BATTERED SPOUSES AND
CHILDREN.—’’; and
(B) in clause (i)—
(i) by striking ‘‘or’’ at the end of sub-
clause (IV);
(ii) by striking the period at the end of
subclause (V) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing:
‘‘(VI) is an alien who was issued
an order to show cause or was in de-
portation proceedings prior to April 1,
1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality
Act (as in effect before the date of the
enactment of this Act).’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect as if included in
the enactment of section 309 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note).
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SEC. 1004. ELIMINATING TIME LIMITATIONS ON MO-
TIONS TO REOPEN REMOVAL AND DEPORTATION PROCEED-
INGS FOR VICTIMS OF DOMESTIC VIOLENCE. (a) REMOVAL
PROCEEDINGS.—
(1) IN
GENERAL.—Section 240(c)(6)(C) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1229a(c)(6)(C)) is amended by adding at the end the
following:
‘‘(iv) SPECIAL
RULE
FOR
BATTERED
SPOUSES AND CHILDREN.—There is no time
limit on the filing of a motion to reopen,
and the deadline specified in subsection
(b)(5)(C) does not apply, if the basis of the
motion is to apply for adjustment of status
based on a petition filed under clause (iii)
or (iv) of section 204(a)(1)(A), clause (ii) or
(iii) of section 204(a)(1)(B), or section
240A(b)(2) and if the motion to reopen is
accompanied by a cancellation of removal
application to be filed with the Attorney
General or by a copy of the self-petition
that will be filed with the Immigration and
Naturalization Service upon the granting of
the motion to reopen.’’.
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(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect as if included in
the enactment of section 304 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 587).
(b) DEPORTATION PROCEEDINGS.—
(1) IN GENERAL.—Notwithstanding any limita-
tion imposed by law on motions to reopen deportation
proceedings under the Immigration and Nationality
Act (as in effect before the title III–A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a motion
to reopen such proceedings, and the deadline specified
in section 242B(c)(3) of the Immigration and Nation-
ality Act (as so in effect) does not apply, if the basis
of the motion is to apply for relief under clause (iii)
or (iv) of section 204(a)(1)(A) of the Immigration
and Nationality Act, clause (ii) or (iii) of section
204(a)(1)(B) of such Act, or section 244(a)(3) of such
Act (as so in effect) and if the motion to reopen is
accompanied by a cancellation of removal application
to be filed with the Attorney General or by a copy of
the self-petition that will be filed with the Immigra-
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tion and Naturalization Service upon the granting of
the motion to reopen.
(2) APPLICABILITY.—Paragraph (1) shall apply
to motions filed by aliens who—
(A) are, or were, in deportation proceedings
under the Immigration and Nationality Act (as
in effect before the title III–A effective date in
section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note)); and
(B) have become eligible to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act, clause
(ii) or (iii) of section 204(a)(1)(B) of such Act,
or section 244(a)(3) of such Act (as in effect be-
fore the title III–A effective date in section 309
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1101
note)) as a result of the amendments made by—
(i) subtitle G of title IV of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322; 108 Stat. 1953
et seq.); or
(ii) section 1003 of this title.
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TITLE XI—TEMPORARY AGRICULTURAL
WORKERS
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS. (a)
SHORT TITLE.—This title may be cited as the ‘‘Agricul-
tural Job Opportunity Benefits and Security Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this
title is as follows:
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. Agricultural worker registries.
Sec. 1104. Employer applications and assurances.
Sec. 1105. Search of registry.
Sec. 1106. Issuance of visas and admission of aliens.
Sec. 1107. Employment requirements.
Sec. 1108. Enforcement and penalties.
Sec. 1109. Alternative program for the admission of temporary H–2A workers.
Sec. 1110. Inclusion in employment-based immigration preference allocation.
Sec. 1111. Migrant and seasonal Head Start program.
Sec. 1112. Regulations.
Sec. 1113. Funding.
Sec. 1114. Report to Congress.
Sec. 1115. Presidential authority.
Sec. 1116. Effective date.
SEC. 1102. DEFINITIONS. In this title:
(1) ADVERSE EFFECT WAGE RATE.—The term
‘‘adverse effect wage rate’’ means the rate of pay for
an agricultural occupation that is 5-percent above the
prevailing rate of pay for that agricultural occupa-
tion in an area of intended employment, if the aver-
age hourly equivalent of the prevailing rate of pay for
the occupation is less than the prior year’s average
hourly earnings of field and livestock workers for the
State (or region that includes the State), as deter-
mined by the Secretary of Agriculture. No adverse ef-
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fect wage rate shall be more than the prior year’s av-
erage hourly earnings of field and livestock workers
for the State (or region that includes the State), as
determined by the Secretary of Agriculture.
(2) AGRICULTURAL
EMPLOYMENT.—The term
‘‘agricultural employment’’ means any service or ac-
tivity included within the provisions of section 3(f) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)) or section 3121(g) of the Internal Revenue
Code of 1986 and the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state.
(3) ELIGIBLE.—The term ‘‘eligible’’ as used with
respect to workers or individuals, means individuals
authorized to be employed in the United States as
provided for in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1188).
(4) EMPLOYER.—The term ‘‘employer’’ means
any person or entity, including any independent con-
tractor and any agricultural association, that em-
ploys workers.
(5) JOB OPPORTUNITY.—The term ‘‘job oppor-
tunity’’ means a specific period of employment for a
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worker in one or more specified agricultural activi-
ties.
(6) PREVAILING
WAGE.—The term ‘‘prevailing
wage’’ means with respect to an agricultural activity
in an area of intended employment, the rate of wages
that includes the 51st percentile of employees in that
agricultural activity in the area of intended employ-
ment, expressed in terms of the prevailing method of
pay for the agricultural activity in the area of in-
tended employment.
(7) REGISTERED
WORKER.—The term ‘‘reg-
istered worker’’ means an individual whose name ap-
pears in a registry.
(8) REGISTRY.—The term ‘‘registry’’ means an
agricultural worker registry established under section
1103(a).
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(10) 
UNITED
STATES
WORKER.—The 
term
‘‘United States worker’’ means any worker, whether a
United States citizen, a United States national, or an
alien who is authorized to work in the job oppor-
tunity within the United States other than an alien
admitted pursuant to section 101(a)(15)(H)(ii)(a) or
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218 of the Immigration and Nationality Act, as in ef-
fect on the effective date of this title.
SEC. 1103. AGRICULTURAL WORKER REGISTRIES. (a)
ESTABLISHMENT OF REGISTRIES.—
(1) IN GENERAL.—The Secretary of Labor shall
establish and maintain a system of registries contain-
ing a current database of eligible United States work-
ers who seek to perform temporary or seasonal agri-
cultural work and the employment status of such
workers—
(A) to ensure that eligible United States
workers are informed about available agricul-
tural job opportunities;
(B) to maximize the work period for eligible
United States workers; and
(C) to provide timely referral of such work-
ers to temporary and seasonal agricultural job
opportunities in the United States.
(2) COVERAGE.—
(A) SINGLE STATE OR GROUP OF STATES.—
Each registry established under paragraph (1)
shall include the job opportunities in a single
State, or a group of contiguous States that tradi-
tionally share a common pool of seasonal agri-
cultural workers.
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(B) 
REQUESTS
FOR
INCLUSION.—Each
State requesting inclusion in a registry, or hav-
ing any group of agricultural producers seeking
to utilize the registry, shall be represented by a
registry or by a registry of contiguous States.
(b) REGISTRATION.—
(1) IN
GENERAL.—An eligible individual who
seeks employment in temporary or seasonal agricul-
tural work may apply to be included in the registry
for the State or States in which the individual seeks
employment. Such application shall include—
(A) the name and address of the individual;
(B) the period or periods of time (including
beginning and ending dates) during which the
individual will be available for temporary or
seasonal agricultural work;
(C) the registry or registries on which the
individual desires to be included;
(D) the specific qualifications and work ex-
perience possessed by the applicant;
(E) the type or types of temporary or sea-
sonal agricultural work the applicant is willing
to perform;
(F) such other information as the applicant
wishes to be taken into account in referring the
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applicant to temporary or seasonal agricultural
job opportunities; and
(G) such other information as may be re-
quired by the Secretary.
(2) VALIDATION
OF
EMPLOYMENT
AUTHORIZA-
TION.—No person may be included on any registry
unless the Attorney General has certified to the Sec-
retary of Labor that the person is authorized to be
employed in the United States.
(3) WORKERS REFERRED TO JOB OPPORTUNI-
TIES.—The name of each registered worker who is re-
ferred and accepts employment with an employer
pursuant to section 1105 shall be classified as inac-
tive on each registry on which the worker is included
during the period of employment involved in the job
to which the worker was referred, unless the worker
reports to the Secretary that the worker is no longer
employed and is available for referral to another job
opportunity. A registered worker classified as inactive
shall not be referred pursuant to section 1105.
(4) REMOVAL OF NAMES FROM A REGISTRY.—
The Secretary shall remove from all registries the
name of any registered worker who, on 3 separate oc-
casions within a 3-month period, is referred to a job
opportunity pursuant to this section, and who de-
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clines such referral or fails to report to work in a
timely manner.
(5) VOLUNTARY REMOVAL.—A registered worker
may request that the worker’s name be removed from
a registry or from all registries.
(6) REMOVAL BY EXPIRATION.—The application
of a registered worker shall expire, and the Secretary
shall remove the name of such worker from all reg-
istries if the worker has not accepted a job oppor-
tunity pursuant to this section within the preceding
12-month period.
(7) REINSTATEMENT.—A worker whose name is
removed from a registry pursuant to paragraph (4),
(5), or (6) may apply to the Secretary for reinstate-
ment to such registry at any time.
(c) CONFIDENTIALITY OF REGISTRIES.—The Secretary
shall maintain the confidentiality of the registries estab-
lished pursuant to this section, and the information in such
registries shall not be used for any purposes other than those
authorized in this title.
(d) ADVERTISING
OF REGISTRIES.—The Secretary
shall widely disseminate, through advertising and other
means, the existence of the registries for the purpose of en-
couraging eligible United States workers seeking temporary
or seasonal agricultural job opportunities to register.
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SEC. 1104. EMPLOYER APPLICATIONS
AND ASSUR-
ANCES. (a) APPLICATIONS TO THE SECRETARY.—
(1) IN GENERAL.—Not later than 21 days prior
to the date on which an agricultural employer desires
to employ a registered worker in a temporary or sea-
sonal agricultural job opportunity, the employer shall
apply to the Secretary for the referral of a United
States worker through a search of the appropriate reg-
istry, in accordance with section 1105. Such applica-
tion shall—
(A) describe the nature and location of the
work to be performed;
(B) list the anticipated period (expected be-
ginning and ending dates) for which workers
will be needed;
(C) indicate the number of job opportunities
in which the employer seeks to employ workers
from the registry;
(D) describe the bona fide occupational
qualifications that must be possessed by a worker
to be employed in the job opportunity in ques-
tion;
(E) describe the wages and other terms and
conditions of employment the employer will offer,
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which shall not be less (and are not required to
be more) than those required by this section;
(F) contain the assurances required by sub-
section (c); and
(G) specify the foreign country or region
thereof from which alien workers should be ad-
mitted in the case of a failure to refer United
States workers under this title.
(2) APPLICATIONS BY ASSOCIATIONS ON BEHALF
OF EMPLOYER MEMBERS.—
(A) IN GENERAL.—An agricultural associa-
tion may file an application under paragraph
(1) for registered workers on behalf of its em-
ployer members.
(B) EMPLOYERS.—An application under
subparagraph (A) shall cover those employer
members of the association that the association
certifies in its application have agreed in writ-
ing to comply with the requirements of this title.
(b) AMENDMENT OF APPLICATIONS.—Prior to receiv-
ing a referral of workers from a registry, an employer may
amend an application under this subsection if the employ-
er’s need for workers changes. If an employer amends an
application on a date which is later than 21 days prior
to the date on which the workers on the amended applica-
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tion are sought to be employed, the Secretary may delay
issuance of the report described in section 1105(b) by the
number of days by which the filing of the amended applica-
tion is later than 21 days before the date on which the em-
ployer desires to employ workers.
(c) ASSURANCES.—The assurances referred to in sub-
section (a)(1)(F) are the following:
(1) ASSURANCE THAT THE JOB OPPORTUNITY IS
NOT A RESULT OF A LABOR DISPUTE.—The employer
shall assure that the job opportunity for which the
employer requests a registered worker is not vacant
because a worker is involved in a strike, lockout, or
work stoppage in the course of a labor dispute involv-
ing the job opportunity at the place of employment.
(2) ASSURANCE THAT THE JOB OPPORTUNITY IS
TEMPORARY OR SEASONAL.—
(A) REQUIRED ASSURANCE.—The employer
shall assure that the job opportunity for which
the employer requests a registered worker is tem-
porary or seasonal.
(B) SEASONAL BASIS.—For purposes of this
title, labor is performed on a seasonal basis
where, ordinarily, the employment pertains to or
is of the kind exclusively performed at certain
seasons or periods of the year and which, from
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its nature, may not be continuous or carried on
throughout the year.
(C) TEMPORARY
BASIS.—For purposes of
this title, a worker is employed on a temporary
basis where the employment is intended not to
exceed 10 months.
(3) ASSURANCE
OF
PROVISION
OF
REQUIRED
WAGES AND BENEFITS.—The employer shall assure
that the employer will provide the wages and benefits
required by subsections (a), (b), and (c) of section
1107 to all workers employed in job opportunities for
which the employer has applied under subsection (a)
and to all other workers in the same occupation at the
place of employment.
(4) ASSURANCE
OF
EMPLOYMENT.—The em-
ployer shall assure that the employer will refuse to
employ individuals referred under section 1105, or
terminate individuals employed pursuant to this title,
only for lawful job-related reasons, including lack of
work.
(5) ASSURANCE
OF
COMPLIANCE
WITH
LABOR
LAWS.—
(A) IN
GENERAL.—An employer who re-
quests registered workers shall assure that, except
as otherwise provided in this title, the employer
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will comply with all applicable Federal, State,
and local labor laws, including laws affecting
migrant and seasonal agricultural workers, with
respect to all United States workers and alien
workers employed by the employer.
(B) LIMITATIONS.—The disclosure required
under section 201(a) of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29
U.S.C. 1821(a)) may be made at any time prior
to the time the alien is issued a visa permitting
entry into the United States.
(6) ASSURANCE OF ADVERTISING OF THE REG-
ISTRY.—The employer shall assure that the employer
will, from the day an application for workers is sub-
mitted under subsection (a), and continuing through-
out the period of employment of any job opportunity
for which the employer has applied for a worker from
the registry, post in a conspicuous place a poster to
be provided by the Secretary advertising the avail-
ability of the registry.
(7) ASSURANCE OF CONTACTING FORMER WORK-
ERS.—The employer shall assure that the employer
has made reasonable efforts through the sending of a
letter by United States Postal Service mail, or other-
wise, to contact any eligible worker the employer em-
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ployed during the previous season in the occupation
at the place of intended employment for which the
employer is applying for registered workers, and has
made the availability of the employer’s job opportuni-
ties in the occupation at the place of intended em-
ployment known to such previous worker, unless the
worker was terminated from employment by the em-
ployer for a lawful job-related reason or abandoned
the job before the worker completed the period of em-
ployment of the job opportunity for which the worker
was hired.
(8) ASSURANCE
OF
PROVISION
OF
WORKERS
COMPENSATION.—The employer shall assure that if
the job opportunity is not covered by the State work-
ers’ compensation law, that the employer will provide,
at no cost to the worker, insurance covering injury
and disease arising out of and in the course of the
worker’s employment which will provide benefits at
least equal to those provided under the State workers’
compensation law for comparable employment.
(d) WITHDRAWAL OF APPLICATIONS.—
(1) IN GENERAL.—An employer may withdraw
an application under subsection (a), except that, if
the employer is an agricultural association, the asso-
ciation may withdraw an application under sub-
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section (a) with respect to one or more of its members.
To withdraw an application, the employer shall no-
tify the Secretary in writing, and the Secretary shall
acknowledge in writing the receipt of such withdrawal
notice. An employer who withdraws an application
under subsection (a), or on whose behalf an applica-
tion is withdrawn, is relieved of the obligations un-
dertaken in the application.
(2) LIMITATION.—An application may not be
withdrawn while any alien provided status under this
title pursuant to such application is employed by the
employer.
(3) OBLIGATIONS
UNDER
OTHER
STATUTES.—
Any obligation incurred by an employer under any
other law or regulation as a result of recruitment of
United States workers under an offer of terms and
conditions of employment required as a result of mak-
ing an application under subsection (a) is unaffected
by withdrawal of such application.
(e) REVIEW OF APPLICATION.—
(1) IN GENERAL.—Promptly upon receipt of an
application by an employer under subsection (a), the
Secretary shall review the application for compliance
with the requirements of such subsection.
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(2) APPROVAL
OF
APPLICATIONS.—If the Sec-
retary determines that an application meets the re-
quirements of subsection (a), and the employer is not
ineligible to apply under paragraph (2), (3), or (4)
of section 1108(b), the Secretary shall, not later than
7 days after the receipt of such application, approve
the application and so notify the employer.
(3) REJECTION OF APPLICATIONS.—If the Sec-
retary determines that an application fails to meet 1
or more of the requirements of subsection (a), the Sec-
retary, as expeditiously as possible, but in no case
later than 7 days after the receipt of such application,
shall—
(A) notify the employer of the rejection of
the application and the reasons for such rejec-
tion, and provide the opportunity for the prompt
resubmission of an amended application; and
(B) offer the applicant an opportunity to
request an expedited administrative review or a
de novo administrative hearing before an admin-
istrative law judge of the rejection of the applica-
tion.
(4) REJECTION FOR PROGRAM VIOLATIONS.—The
Secretary shall reject the application of an employer
under this section if the employer has been deter-
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mined to be ineligible to employ workers under sec-
tion 1108(b) or subsection (b)(2) of section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188).
SEC. 1105. SEARCH OF REGISTRY. (a) SEARCH PROC-
ESS AND REFERRAL TO THE EMPLOYER.—Upon the ap-
proval of an application under section 1104(e), the Sec-
retary shall promptly begin a search of the registry of the
State (or States) in which the work is to be performed to
identify registered workers with the qualifications requested
by the employer. The Secretary shall contact such qualified
registered workers and determine, in each instance, whether
the worker is ready, willing, and able to accept the employ-
er’s job opportunity and will commit to work for the em-
ployer at the time and place needed. The Secretary shall
provide to each worker who commits to work for the em-
ployer the employer’s name, address, telephone number, the
location where the employer has requested that employees
report for employment, and a statement disclosing the terms
and conditions of employment.
(b) DEADLINE FOR COMPLETING SEARCH PROCESS;
REFERRAL OF WORKERS.—As expeditiously as possible, but
not later than 7 days before the date on which an employer
desires work to begin, the Secretary shall complete the
search under subsection (a) and shall transmit to the em-
ployer a report containing the name, address, and social
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security account number of each registered worker who has
committed to work for the employer on the date needed, to-
gether with sufficient information to enable the employer
to establish contact with the worker. The identification of
such registered workers in a report shall constitute a refer-
ral of workers under this section.
(c) NOTICE OF INSUFFICIENT WORKERS.—If the report
provided to the employer under subsection (b) does not in-
clude referral of a sufficient number of registered workers
to fill all of the employer’s job opportunities in the occupa-
tion for which the employer applied under section 1104(a),
the Secretary shall indicate in the report the number of job
opportunities for which registered workers could not be re-
ferred, and promptly transmit a copy of the report to the
Attorney General and the Secretary of State, by electronic
or other means ensuring next day delivery.
SEC. 1106. ISSUANCE OF VISAS AND ADMISSION OF
ALIENS. (a) IN GENERAL.—
(1) NUMBER OF ADMISSIONS.—The Secretary of
State shall promptly issue visas to, and the Attorney
General shall admit, a sufficient number of eligible
aliens designated by the employer to fill the job op-
portunities of the employer—
(A) upon receipt of a copy of the report de-
scribed in section 1105(c);
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(B) upon receipt of an application (or copy
of an application under subsection (b));
(C) upon receipt of the report required by
subsection (c)(1)(B); or
(D) upon receipt of a report under sub-
section (d).
(2) PROCEDURES.—The admission of aliens
under paragraph (1) shall be subject to the procedures
of section 218A of the Immigration and Nationality
Act, as added by this title.
(3) AGRICULTURAL
ASSOCIATIONS.—Aliens ad-
mitted pursuant to a report described in paragraph
(1) may be employed by any member of the agricul-
tural association that has made the certification re-
quired by section 1104(a)(2)(B). Independent contrac-
tors, agricultural associations, and such similar enti-
ties shall be subject to a cap on the number of H2–
A visas that they may sponsor at the discretion of the
Secretary of Labor.
(b) DIRECT APPLICATION UPON FAILURE TO ACT.—
(1) APPLICATION
TO
THE
SECRETARY
OF
STATE.—If the employer has not received a referral of
sufficient workers pursuant to section 1105(b) or a re-
port of insufficient workers pursuant to section
1105(c), by the date that is 7 days before the date on
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which the work is anticipated to begin, the employer
may submit an application for alien workers directly
to the Secretary of State, with a copy of the applica-
tion provided to the Attorney General, seeking the
issuance of visas to and the admission of aliens for
employment in the job opportunities for which the
employer has not received referral of registered work-
ers. Such an application shall include a copy of the
employer’s application under section 1104(a), together
with evidence of its timely submission. The Secretary
of State may consult with the Secretary of Labor in
carrying out this paragraph.
(2) EXPEDITED CONSIDERATION BY SECRETARY
OF STATE.—The Secretary of State shall, as expedi-
tiously as possible, but not later than 5 days after the
employer files an application under paragraph (1),
issue visas to, and the Attorney General shall admit,
a sufficient number of eligible aliens designated by the
employer to fill the job opportunities for which the
employer has applied under that paragraph.
(c) REDETERMINATION OF NEED.—
(1) REQUESTS FOR REDETERMINATION.—
(A) IN GENERAL.—An employer may file a
request for a redetermination by the Secretary of
the needs of the employer if—
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(i) a worker referred from the registry
is not at the place of employment on the
date of need shown on the application, or
the date the work for which the worker is
needed has begun, whichever is later;
(ii) the worker is not ready, willing,
able, or qualified to perform the work re-
quired; or
(iii) the worker abandons the employ-
ment or is terminated for a lawful job-relat-
ed reason.
(B) ADDITIONAL
AUTHORIZATION
OF
AD-
MISSIONS.—The Secretary shall expeditiously,
but in no case later than 72 hours after a rede-
termination is requested under subparagraph
(A), submit a report to the Secretary of State
and the Attorney General providing notice of a
need for workers under this subsection.
(2) JOB-RELATED
REQUIREMENTS.—An em-
ployer shall not be required to initially employ a
worker who fails to meet lawful job-related employ-
ment criteria, nor to continue the employment of a
worker who fails to meet lawful, job-related standards
of conduct and performance, including failure to meet
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minimum production standards after a 3-day break-
in period.
(d) 
EMERGENCY
APPLICATIONS.—Notwithstanding
subsections (b) and (c), the Secretary may promptly trans-
mit a report to the Attorney General and Secretary of State
providing notice of a need for workers under this subsection
for an employer—
(1) who has not employed aliens under this title
in the occupation in question in the prior year’s agri-
cultural season;
(2) who faces an unforeseen need for workers (as
determined by the Secretary); and
(3) with respect to whom the Secretary cannot
refer able, willing, and qualified workers from the reg-
istry who will commit to be at the employer’s place
of employment and ready for work within 72 hours
or on the date the work for which the worker is needed
has begun, whichever is later.
(e) REGULATIONS.—The Secretary of State shall pre-
scribe regulations to provide for the designation of aliens
under this section.
SEC. 1107. EMPLOYMENT REQUIREMENTS. (a) RE-
QUIRED WAGES.—
(1) IN GENERAL.—An employer applying under
section 1104(a) for workers shall offer to pay, and
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shall pay, all workers in the occupation or occupa-
tions for which the employer has applied for workers
from the registry, not less (and is not required to pay
more) than the greater of the prevailing wage in the
occupation in the area of intended employment or the
adverse effect wage rate.
(2) PAYMENT OF PREVAILING WAGE DETERMINED
BY A STATE EMPLOYMENT SECURITY AGENCY SUFFI-
CIENT.—In complying with paragraph (1), an em-
ployer may request and obtain a prevailing wage de-
termination from the State employment security
agency. If the employer requests such a determina-
tion, and pays the wage required by paragraph (1)
based upon such a determination, such payment shall
be considered sufficient to meet the requirement of
paragraph (1).
(3) RELIANCE ON WAGE SURVEY.—In lieu of the
procedure of paragraph (2), an employer may rely on
other information, such as an employer-generated pre-
vailing wage survey and determination that meets
criteria specified by the Secretary.
(4) ALTERNATIVE METHODS OF PAYMENT PER-
MITTED.—
(A) IN GENERAL.—A prevailing wage may
be expressed as an hourly wage, a piece rate, a
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task rate, or other incentive payment method, in-
cluding a group rate. The requirement to pay at
least the prevailing wage in the occupation and
area of intended employment does not require an
employer to pay by the method of pay in which
the prevailing rate is expressed, except that, if
the employer adopts a method of pay other than
the prevailing rate, the burden of proof is on the
employer to demonstrate that the employer’s
method of pay is designed to produce earnings
equivalent to the earnings that would result from
payment of the prevailing rate.
(B) COMPLIANCE WHEN PAYING AN INCEN-
TIVE RATE.—In the case of an employer that
pays a piece rate or task rate or uses any other
incentive payment method, including a group
rate, the employer shall be considered to be in
compliance with any applicable hourly wage re-
quirement if the average of the hourly earnings
of the workers, taken as a group, the activity for
which a piece rate, task rate, or other incentive
payment, including a group rate, is paid, for the
pay period, is at least equal to the required
hourly wage.
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(C) TASK
RATE.—For purposes of this
paragraph, the term ‘‘task rate’’ means an incen-
tive payment method based on a unit of work
performed such that the incentive rate varies
with the level of effort required to perform indi-
vidual units of work.
(D) GROUP
RATE.—For purposes of this
paragraph, the term ‘‘group rate’’ means an in-
centive payment method in which the payment is
shared among a group of workers working to-
gether to perform the task.
(b) REQUIREMENT TO PROVIDE HOUSING.—
(1) IN GENERAL.—An employer applying under
section 1104(a) for registered workers shall offer to
provide housing at no cost (except for charges per-
mitted by paragraph (5)) to all workers employed in
job opportunities to which the employer has applied
under that section, and to all other workers in the
same occupation at the place of employment, whose
permanent place of residence is beyond normal com-
muting distance.
(2) TYPE
OF
HOUSING.—In complying with
paragraph (1), an employer may, at the employer’s
election, provide housing that meets applicable Fed-
eral standards for temporary labor camps or secure
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housing that meets applicable local standards for
rental or public accommodation housing or other sub-
stantially similar class of habitation, or, in the ab-
sence of applicable local standards, State standards
for rental or public accommodation housing or other
substantially similar class of habitation.
(3) WORKERS ENGAGED IN THE RANGE PRODUC-
TION OF LIVESTOCK.—The Secretary shall issue regu-
lations that address the specific requirements for the
provision of housing to workers engaged in the range
production of livestock.
(4) LIMITATION.—Nothing in this subsection
shall be construed to require an employer to provide
or secure housing for persons who were not entitled to
such housing under the temporary labor certification
regulations in effect on June 1, 1986.
(5) CHARGES FOR HOUSING.—
(A) UTILITIES AND MAINTENANCE.—An em-
ployer who provides housing to a worker pursu-
ant to paragraph (1) may charge an amount
equal to the fair market value (but not greater
than the employer’s actual cost) for maintenance
and utilities, or such lesser amount as permitted
by law.
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(B) SECURITY DEPOSIT.—An employer who
provides housing to workers pursuant to para-
graph (1) may require, as a condition for pro-
viding such housing, a deposit not to exceed $50
from workers occupying such housing to protect
against gross negligence or willful destruction of
property.
(C) DAMAGES.—An employer who provides
housing to workers pursuant to paragraph (1)
may require a worker found to have been respon-
sible for damage to such housing which is not the
result of normal wear and tear related to habi-
tation to reimburse the employer for the reason-
able cost of repair of such damage.
(6) HOUSING ALLOWANCE AS ALTERNATIVE.—
(A) IN GENERAL.—In lieu of offering hous-
ing pursuant to paragraph (1), subject to sub-
paragraphs (B) through (D), the employer may
on a case-by-case basis provide a reasonable
housing allowance. An employer who offers a
housing allowance to a worker pursuant to this
subparagraph shall not be deemed to be a hous-
ing provider under section 203 of the Migrant
and Seasonal Agricultural Worker Protection Act
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(29 U.S.C. 1823) solely by virtue of providing
such housing allowance.
(B) LIMITATION.—At any time after the
date that is 3 years after the effective date of this
title, the governor of the State may certify to the
Secretary that there is not sufficient housing
available in an area of intended employment of
migrant farm workers or aliens provided status
pursuant to this title who are seeking temporary
housing while employed at farm work. Such cer-
tification may be canceled by the governor of the
State at any time, and shall expire after 5 years
unless renewed by the governor of the State.
(C) EFFECT OF CERTIFICATION.—If the gov-
ernor of the State makes the certification of in-
sufficient housing described in subparagraph (A)
with respect to an area of employment, employ-
ers of workers in that area of employment may
not offer the housing allowance described in sub-
paragraph (A) after the date that is 5 years after
such certification of insufficient housing for such
area, unless the certification has expired or been
canceled pursuant to subparagraph (B).
(D) AMOUNT OF ALLOWANCE.—The amount
of a housing allowance under this paragraph
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shall be equal to the statewide average fair mar-
ket rental for existing housing for nonmetropoli-
tan counties for the State in which the employ-
ment occurs, as established by the Secretary of
Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of
1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2 persons
per bedroom.
(c) REIMBURSEMENT OF TRANSPORTATION.—
(1) TO PLACE OF EMPLOYMENT.—A worker who
is referred to a job opportunity under section 1105(a),
or an alien employed pursuant to this title, who com-
pletes 50 percent of the period of employment of the
job opportunity for which the worker was hired, may
apply to the employer for reimbursement of the cost
of the worker’s transportation and subsistence from
the worker’s permanent place of residence (or place of
last employment, if the worker traveled from such
place) to the place of employment to which the worker
was referred under section 1105(a).
(2) FROM PLACE OF EMPLOYMENT.—A worker
who is referred to a job opportunity under section
1105(a), or an alien employed pursuant to this title,
who completes the period of employment for the job
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opportunity involved, may apply to the employer for
reimbursement of the cost of the worker’s transpor-
tation and subsistence from the place of employment
to the worker’s permanent place of residence.
(3) LIMITATION.—
(A) AMOUNT OF REIMBURSEMENT.—Except
as provided in subparagraph (B), the amount of
reimbursement provided under paragraph (1) or
(2) to a worker or alien shall not exceed the less-
er of—
(i) the actual cost to the worker or
alien of the transportation and subsistence
involved; or
(ii) the most economical and reason-
able transportation and subsistence costs
that would have been incurred had the
worker or alien used an appropriate com-
mon carrier, as determined by the Sec-
retary.
(B) DISTANCE TRAVELED.—No reimburse-
ment under paragraph (1) or (2) shall be re-
quired if the distance traveled is 100 miles or
less.
(d) CONTINUING OBLIGATION TO EMPLOY UNITED
STATES WORKERS.—
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(1) IN GENERAL.—An employer that applies for
registered workers under section 1104(a) shall, as a
condition for the approval of such application, con-
tinue to offer employment to qualified, eligible United
States workers who are referred under section 1105(b)
after the employer receives the report described in sec-
tion 1105(b).
(2) LIMITATION.—An employer shall not be obli-
gated to comply with paragraph (1)—
(A) after 50 percent of the anticipated pe-
riod of employment shown on the employer’s ap-
plication under section 1104(a) has elapsed; or
(B) during any period in which the em-
ployer is employing no aliens in the occupation
for which the United States worker was referred;
or
(C) during any period when the Secretary
is conducting a search of a registry for job op-
portunities in the occupation and area of in-
tended employment to which the worker has been
referred, or other occupations in the area of in-
tended employment for which the worker is
qualified that offer substantially similar terms
and conditions of employment.
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(3) LIMITATION ON REQUIREMENT TO PROVIDE
HOUSING.—Notwithstanding any other provision of
this title, an employer to whom a registered worker
is referred pursuant to paragraph (1) may provide a
reasonable housing allowance to such referred worker
in lieu of providing housing if the employer does not
have sufficient housing to accommodate the referred
worker and all other workers for whom the employer
is providing housing or has committed to provide
housing.
(4) REFERRAL OF WORKERS DURING 50-PERCENT
PERIOD.—The Secretary shall make all reasonable ef-
forts to place a registered worker in an open job ac-
ceptable to the worker, including available jobs not
listed on the registry, before referring such worker to
an employer for a job opportunity already filled by,
or committed to, an alien admitted pursuant to this
title.
SEC. 1108. ENFORCEMENT AND PENALTIES. (a) EN-
FORCEMENT AUTHORITY.—
(1) INVESTIGATION OF COMPLAINTS.—
(A) IN GENERAL.—The Secretary shall es-
tablish a process for the receipt, investigation,
and disposition of complaints respecting an em-
ployer’s failure to meet a condition specified in
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section 1104 or an employer’s misrepresentation
of material facts in an application under that
section. Complaints may be filed by any ag-
grieved person or any organization (including
bargaining representatives). No investigation or
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12
months after the date of the failure or misrepre-
sentation, as the case may be. The Secretary
shall conduct an investigation under this para-
graph if there is reasonable cause to believe that
such a failure or misrepresentation has occurred.
(B) STATUTORY
CONSTRUCTION.—Nothing
in this title limits the authority of the Secretary
of Labor to conduct any compliance investiga-
tion under any other labor law, including any
law affecting migrant and seasonal agricultural
workers or, in the absence of a complaint under
this paragraph, under this title.
(2) WRITTEN NOTICE OF FINDING AND OPPOR-
TUNITY FOR APPEAL.—After an investigation has been
conducted, the Secretary shall issue a written deter-
mination as to whether or not any violation described
in subsection (b) has been committed. The Secretary’s
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determination shall be served on the complainant and
the employer, and shall provide an opportunity for
an appeal of the Secretary’s decision to an adminis-
trative law judge, who may conduct a de novo hear-
ing.
(b) REMEDIES.—
(1) BACK WAGES.—Upon a final determination
that the employer has failed to pay wages as required
under this section, the Secretary may assess payment
of back wages due to any United States worker or
alien described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act employed by the
employer in the specific employment in question. The
back wages shall be equal to the difference between the
amount that should have been paid and the amount
that actually was paid to such worker.
(2) FAILURE TO PAY WAGES.—Upon a final de-
termination that the employer has failed to pay the
wages required under this title, the Secretary may as-
sess a civil money penalty up to $1,000 for each fail-
ure, and may recommend to the Attorney General the
disqualification of the employer from the employment
of aliens described in section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act for a period of
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time determined by the Secretary not to exceed 1
year.
(3) OTHER VIOLATIONS.—If the Secretary, as a
result of an investigation pursuant to a complaint,
determines that an employer covered by an applica-
tion under section 1104(a) has—
(A) filed an application that misrepresents
a material fact; or
(B) failed to meet a condition specified in
section 1104,
the Secretary may assess a civil money penalty not
to exceed $1,000 for each violation and may rec-
ommend to the Attorney General the disqualification
of the employer for substantial violations in the em-
ployment of any United States workers or aliens de-
scribed in section 101(a)(15)(ii)(a) of the Immigra-
tion and Nationality Act for a period of time deter-
mined by the Secretary not to exceed 1 year. In deter-
mining the amount of civil money penalty to be as-
sessed or whether to recommend disqualification of the
employer, the Secretary shall consider the seriousness
of the violation, the good faith of the employer, the
size of the business of the employer being charged, the
history of previous violations by the employer, wheth-
er the employer obtained a financial gain from the
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violation, whether the violation was willful, and other
relevant factors.
(4) PROGRAM DISQUALIFICATION.—
(A) 3 YEARS
FOR
SECOND
VIOLATION.—
Upon a second final determination that an em-
ployer has failed to pay the wages required
under this title or committed other substantial
violations under paragraph (3), the Secretary
shall report such determination to the Attorney
General and the Attorney General shall dis-
qualify the employer from the employment of
aliens described in section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act for a
period of 3 years.
(B) PERMANENT FOR THIRD VIOLATION.—
Upon a third final determination that an em-
ployer has failed to pay the wages required
under this section or committed other substantial
violations under paragraph (3), the Secretary
shall report such determination to the Attorney
General, and the Attorney General shall dis-
qualify the employer from any subsequent em-
ployment 
of 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.
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(c) ROLE OF ASSOCIATIONS.—
(1) VIOLATION BY A MEMBER OF AN ASSOCIA-
TION.—An employer on whose behalf an application
is filed by an association acting as its agent is fully
responsible for such application, and for complying
with the terms and conditions of this title, as though
the employer had filed the application itself. If such
an employer is determined to have violated a require-
ment of this section, the penalty for such violation
shall be assessed against the employer who committed
the violation and not against the association or other
members of the association.
(2) VIOLATION BY AN ASSOCIATION ACTING AS AN
EMPLOYER.—If an association filing an application
on its own behalf as an employer is determined to
have committed a violation under this subsection
which results in disqualification from the program
under subsection (b), no individual member of such
association may be the beneficiary of the services of
an alien described in section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act in an occupa-
tion in which such alien was employed by the associa-
tion during the period such disqualification is in ef-
fect, unless such member files an application as an
individual employer or such application is filed on
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the employer’s behalf by an association with which
the employer has an agreement that the employer will
comply with the requirements of this title.
SEC. 1109. ALTERNATIVE PROGRAM FOR THE ADMIS-
SION OF TEMPORARY H–2A WORKERS. (a) AMENDMENTS
TO THE IMMIGRATION AND NATIONALITY ACT.—
(1) 
ELECTION
OF
PROCEDURES.—Section
214(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(1)) is amended—
(A) by striking the fifth and sixth sentences;
(B) by striking ‘‘(c)(1) The’’ and inserting
‘‘(c)(1)(A) Except as provided in subparagraph
(B), the’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(B) Notwithstanding subparagraph (A), in
the case of the importing of any nonimmigrant
alien described in section 101(a)(15)(H)(ii)(a),
the importing employer may elect to import the
alien under the procedures of section 218 or sec-
tion 218A, except that any employer that applies
for registered workers under section 1104(a) of
the Agricultural Job Opportunity Benefits and
Security Act of 1998 shall import non-
immigrants 
described 
in 
section
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101(a)(15)(H)(ii)(a) only in accordance with
section 218A. For purposes of subparagraph (A),
with respect to the importing of nonimmigrants
under section 218, the term ‘appropriate agen-
cies of Government’ means the Department of
Labor and includes the Department of Agri-
culture.’’.
(2) ALTERNATIVE PROGRAM.—The Immigration
and Nationality Act is amended by inserting after
section 218 (8 U.S.C. 1188) the following new section:
‘‘ALTERNATIVE PROGRAM FOR THE ADMISSION OF
TEMPORARY H–2A WORKERS
‘‘SEC. 218A. (a) PROCEDURE FOR ADMISSION OR EX-
TENSION OF ALIENS.—
‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED
STATES.—
‘‘(A) CRITERIA FOR ADMISSIBILITY.—
‘‘(i) IN GENERAL.—An alien described
in section 101(a)(15)(H)(ii)(a) of the Immi-
gration and Nationality Act shall be admis-
sible under this section if the alien is des-
ignated pursuant to section 1106 of the Ag-
ricultural Job Opportunity Benefits and
Security Act of 1998, otherwise admissible
under this Act, and the alien is not ineli-
gible under clause (ii).
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‘‘(ii) 
DISQUALIFICATION.—An 
alien
shall be ineligible for admission to the
United States or being provided status
under this section if the alien has, at any
time during the past 5 years—
‘‘(I) violated a material provision
of this section, including the require-
ment to promptly depart the United
States when the alien’s authorized pe-
riod of admission under this section
has expired; or
‘‘(II) otherwise violated a term or
condition of admission to the United
States as a nonimmigrant, including
overstaying the period of authorized
admission as such a nonimmigrant.
‘‘(iii) INITIAL WAIVER OF INELIGIBIL-
ITY FOR UNLAWFUL PRESENCE.—An alien
who has not previously been admitted to the
United States pursuant to this section, and
who is otherwise eligible for admission in
accordance with clauses (i) and (ii), shall
not be deemed inadmissible by virtue of sec-
tion 212(a)(9)(B).
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‘‘(B) PERIOD
OF
ADMISSION.—The alien
shall be admitted for the period requested by the
employer not to exceed 10 months, or the ending
date of the anticipated period of employment on
the employer’s application for registered workers,
whichever is less, plus an additional period of 14
days, during which the alien shall seek author-
ized employment in the United States. During
the 14-day period following the expiration of the
alien’s work authorization, the alien is not au-
thorized to be employed unless an employer who
is authorized to employ such worker has filed an
extension of stay on behalf of the alien pursuant
to paragraph (2).
‘‘(C) ABANDONMENT OF EMPLOYMENT.—
‘‘(i) IN GENERAL.—An alien admitted
or provided status under this section who
abandons the employment which was the
basis for such admission or providing status
shall be considered to have failed to main-
tain nonimmigrant status as an alien de-
scribed in section 101(a)(15)(H)(ii)(a) and
shall depart the United States or be subject
to removal under section 237(a)(1)(C)(i).
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‘‘(ii) REPORT BY EMPLOYER.—The em-
ployer (or association acting as agent for
the employer) shall notify the Attorney Gen-
eral within 7 days of an alien admitted or
provided status under this Act pursuant to
an application to the Secretary of Labor
under section 1106 of the Agricultural Job
Opportunity Benefits and Security Act of
1998 by the employer who prematurely
abandons the alien’s employment.
‘‘(D) ISSUANCE
OF
IDENTIFICATION
AND
EMPLOYMENT ELIGIBILITY DOCUMENT.—
‘‘(i) IN GENERAL.—The Attorney Gen-
eral shall cause to be issued to each alien
admitted under this section a card in a
form which is resistant to counterfeiting
and tampering for the purpose of providing
proof of identity and employment eligibility
under section 274A.
‘‘(ii) DESIGN
OF
CARD.—Each card
issued pursuant to clause (i) shall be de-
signed in such a manner and contain a
photograph and other identifying informa-
tion (such as date of birth, sex, and distin-
guishing marks) that would allow an em-
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ployer to determine with reasonable cer-
tainty that the bearer is not claiming the
identity of another individual, and shall—
‘‘(I) specify the date of the alien’s
acquisition of status under this section;
‘‘(II) specify the expiration date
of the alien’s work authorization; and
‘‘(III) specify the alien’s admis-
sion number or alien file number.
‘‘(2) EXTENSION OF STAY OF ALIENS IN THE
UNITED STATES.—
‘‘(A) EXTENSION OF STAY.—If an employer
with respect to whom a report or application de-
scribed in section 1106(a)(1) of the Agricultural
Job Opportunity Benefits and Security Act of
1998 has been submitted seeks to employ an
alien who has acquired status under this section
and who is present in the United States, the em-
ployer shall file with the Attorney General an
application for an extension of the alien’s stay
or a change in the alien’s authorized employ-
ment. The application shall be accompanied by
a copy of the appropriate report or application
described in section 1106 of the Agricultural Job
Opportunity Benefits and Security Act of 1998.
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‘‘(B) LIMITATION ON FILING AN APPLICA-
TION FOR EXTENSION OF STAY.—An application
may not be filed for an extension of an alien’s
stay for a period of more than 10 months, or
later than a date which is 3 years from the date
of the alien’s last admission to the United States
under this section, whichever occurs first.
‘‘(C) WORK AUTHORIZATION UPON FILING
AN APPLICATION FOR EXTENSION OF STAY.—An
employer may begin employing an alien who is
present in the United States who has acquired
status under this Act on the day the employer
files an application for extension of stay. For the
purpose of this requirement, the term ‘filing’
means sending the application by certified mail
via the United States Postal Service, return re-
ceipt requested, or delivered by guaranteed com-
mercial delivery which will provide the employer
with a documented acknowledgment of the date
of sending and receipt of the application. The
employer shall provide a copy of the employer’s
application to the alien, who shall keep the ap-
plication with the alien’s identification and em-
ployment eligibility document as evidence that
the application has been filed and that the alien
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is authorized to work in the United States. Upon
approval of an application for an extension of
stay or change in the alien’s authorized employ-
ment, the Attorney General shall provide a new
or updated employment eligibility document to
the alien indicating the new validity date, after
which the alien is not required to retain a copy
of the application.
‘‘(D) LIMITATION
ON
EMPLOYMENT
AU-
THORIZATION OF ALIENS WITHOUT VALID IDEN-
TIFICATION
AND
EMPLOYMENT
ELIGIBILITY
CARD.—An expired identification and employ-
ment eligibility document, together with a copy
of an application for extension of stay or change
in the alien’s authorized employment, shall con-
stitute a valid work authorization document for
a period of not more than 60 days from the date
of application for the extension of stay, after
which time only a currently valid identification
and employment eligibility document shall be ac-
ceptable.
‘‘(E) LIMITATION ON AN INDIVIDUAL’S STAY
IN STATUS.—An alien having status under this
section may not have the status extended for a
continuous period longer than 3 years unless the
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alien remains outside the United States for an
uninterrupted period of 6 months. An absence
from the United States may break the continuity
of the period for which a nonimmigrant visa
issued under section 101(a)(15)(H)(ii)(a) is
valid. If the alien has resided in the United
States 10 months or less, an absence breaks the
continuity of the period if its lasts for at least
2 months. If the alien has resided in the United
States 10 months or more, an absence breaks the
continuity of the period if it lasts for at least
one-fifth the duration of the stay.
‘‘(b) STUDY BY THE ATTORNEY GENERAL.—The Attor-
ney General shall conduct a study to determine whether
aliens under this section depart the United States in a time-
ly manner upon the expiration of their period of authorized
stay. If the Attorney General finds that a significant num-
ber of aliens do not so depart and that a financial induce-
ment is necessary to assure such departure, then the Attor-
ney General shall so report to Congress and make rec-
ommendations on appropriate courses of action.’’.
(b) NO
FAMILY
MEMBERS
PERMITTED.—Section
101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘specified
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in this paragraph’’ and inserting ‘‘specified in this sub-
paragraph (other than in clause (ii)(a))’’.
(c) CONFORMING AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 218 the following
new item:
‘‘Sec. 218A. Alternative program for the admission of H–2A workers.’’.
(d) REPEAL AND ADDITIONAL CONFORMING AMEND-
MENTS.—
(1) REPEAL.—Section 218 of the Immigration
and Nationality Act is repealed.
(2) 
TECHNICAL
AMENDMENTS.—(A) 
Section
218A of the Immigration and Nationality Act is re-
designated as section 218.
(B) The table of contents of that Act is amended
by striking the item relating to section 218A.
(C) The section heading for section 218 of that
Act is amended by striking ‘‘ALTERNATIVE PROGRAM
FOR’’.
(3) TERMINATION
OF
EMPLOYER
ELECTION.—
Section 214(c)(1)(B) of the Immigration and Nation-
ality Act is amended to read as follows:
‘‘(B) Notwithstanding subparagraph (A), the proce-
dures of section 218 shall apply to the importing of any
nonimmigrant 
alien 
described 
in 
section
101(a)(15)(H)(ii)(a).’’.
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(4) MAINTENANCE OF CERTAIN SECTION 218 PRO-
VISIONS.—Section 218 (as redesignated by paragraph
(2) of this subsection) is amended by adding at the
end the following:
‘‘(d) MISCELLANEOUS PROVISIONS.—(1) The Attorney
General shall provide for such endorsement of entry and
exit documents of nonimmigrants described in section
101(a)(15)(H)(ii) as may be necessary to carry out this sec-
tion and to provide notice for purposes of section 274A.
‘‘(2) The provisions of subsections (a) and (c) of section
214 and the provisions of this section preempt any State
or local law regulating admissibility of nonimmigrant
workers.’’.
(5) EFFECTIVE DATE.—The repeal and amend-
ments made by this subsection shall take effect 5 years
after the date of enactment of this title.
SEC. 1110. INCLUSION IN EMPLOYMENT-BASED IMMI-
GRATION PREFERENCE ALLOCATION. (a) AMENDMENT OF
THE
IMMIGRATION
AND
NATIONALITY
ACT.—Section
203(b)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(3)(A)) is amended—
(1) by redesignating clause (iii) as clause (iv);
and
(2) by inserting after clause (ii) the following:
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‘‘(iii) 
AGRICULTURAL
WORKERS.—
Qualified immigrants who have completed
at least 6 months of work in the United
States in each of 4 consecutive calendar
years under section 101(a)(15)(H)(ii)(a),
and have complied with all terms and con-
ditions applicable to that section.’’.
(b) CONFORMING AMENDMENT.—Section 203(b)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(3)(A)) is amended by striking ‘‘subparagraph
(A)(iii)’’ and inserting ‘‘subparagraph (A)(iv)’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply to aliens described in sec-
tion 101(a)(15)(H)(ii)(a) admitted to the United States be-
fore, on, or after the effective date of this title.
SEC. 1111. MIGRANT AND SEASONAL HEAD START
PROGRAM. (a) IN GENERAL.—Section 637(12) of the Head
Start Act (42 U.S.C. 9832(12)) is amended—
(1) by inserting ‘‘and seasonal’’ after ‘‘migrant’’;
and
(2) by inserting before the period the following:
‘‘, or families whose incomes or labor is primarily
dedicated to performing seasonal agricultural labor
for hire but whose places of residency have not
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changed to another geographic location in the preced-
ing 2-year period’’.
(b) FUNDS SET-ASIDE.—Section 640(a) (42 U.S.C.
9835(a)) is amended—
(1) in paragraph (2), strike ‘‘13’’ and insert
‘‘14’’;
(2) in paragraph (2)(A), by striking ‘‘1994’’ and
inserting ‘‘1998’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) In determining the need for migrant and
seasonal Head Start programs and services, the Sec-
retary shall consult with the Secretary of Labor, other
public and private entities, and providers. Notwith-
standing paragraph (2)(A), after conducting such
consultation, the Secretary shall further adjust the
amount available for such programs and services, tak-
ing into consideration the need and demand for such
services.’’.
SEC. 1112. REGULATIONS. (a) REGULATIONS OF THE
ATTORNEY GENERAL.—The Attorney General shall consult
with the Secretary and the Secretary of Agriculture on all
regulations to implement the duties of the Attorney General
under this title.
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(b) REGULATIONS OF THE SECRETARY OF STATE.—
The Secretary of State shall consult with the Attorney Gen-
eral on all regulations to implement the duties of the Sec-
retary of State under this title.
SEC. 1113. FUNDING. If additional funds are necessary
to pay the start-up costs of the registries established under
section 1103(a), such costs may be paid out of amounts
available to Federal or State governmental entities under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.). Except as
provided for by subsequent appropriation, additional ex-
penses incurred for administration by the Attorney General,
the Secretary of Labor, and the Secretary of State shall be
paid for out of appropriations otherwise made available to
their respective departments.
SEC. 1114. REPORT TO CONGRESS. Not later than 3
years after the date of enactment of this Act and 5 years
after the date of enactment of this Act, the Attorney General
and the Secretaries of Agriculture and Labor shall jointly
prepare and transmit to Congress a report describing the
results of a review of the implementation of and compliance
with this title. The report shall address—
(1) whether the program has ensured an ade-
quate and timely supply of qualified, eligible workers
at the time and place needed by employers;
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(2) whether the program has ensured that aliens
admitted under this program are employed only in
authorized employment, and that they timely depart
the United States when their authorized stay ends;
(3) whether the program has ensured that par-
ticipating employers comply with the requirements of
the program with respect to the employment of United
States workers and aliens admitted under this pro-
gram;
(4) whether the program has ensured that aliens
admitted under this program are not displacing eligi-
ble, qualified United States workers or diminishing
the wages and other terms and conditions of employ-
ment of eligible United States workers;
(5) whether the housing provisions of this pro-
gram ensure that adequate housing is available to
workers employed under this program who are re-
quired to be provided housing or a housing allowance;
and
(6) recommendations for improving the oper-
ation of the program for the benefit of participating
employers, eligible United States workers, participat-
ing aliens, and governmental agencies involved in ad-
ministering the program.
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SEC. 1115. PRESIDENTIAL AUTHORITY. In implement-
ing this title, the President of the United States shall not
implement any provision that he deems to be in violation
of any of the following principles—
(1) where the procedures for using the program
are simple and the least burdensome for growers;
(2) which assures an adequate labor supply for
growers in a predictable and timely manner;
(3) that provides a clear and meaningful first
preference for United States farm workers and a
means for mitigating against the development of a
structural dependency on foreign workers in an area
or crop;
(4) which avoids the transfer of costs and risks
from businesses to low wage workers;
(5) that encourages longer periods of employment
for legal United States workers;
(6) which assures decent wages and working con-
ditions for domestic and foreign farm workers, and
that normal market forces work to improve wages,
benefits, and working conditions.
SEC. 1116. EFFECTIVE DATE. This title and the
amendments made by this title shall take effect 180 days
after the date of enactment of this title.
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TITLE XII—NURSING RELIEF FOR
DISADVANTAGED AREAS
SEC. 1201. SHORT TITLE. This title may be cited as
the ‘‘Nursing Relief for Disadvantaged Areas Act of 1998’’.
SEC. 1202. REQUIREMENTS FOR ADMISSION OF NON-
IMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE
AREAS DURING 4-YEAR PERIOD. (a) ESTABLISHMENT OF
A
NEW
NONIMMIGRANT
CLASSIFICATION
FOR
NON-
IMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE
AREAS.—Section 101(a)(15)(H)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended
by striking ‘‘; or’’ at the end and inserting the following:
‘‘, or (c) who is coming temporarily to the United States
to perform services as a registered nurse, who meets the
qualifications described in section 212(m)(1), and with re-
spect to whom the Secretary of Labor determines and cer-
tifies to the Attorney General that an unexpired attestation
is on file and in effect under section 212(m)(2) for the facil-
ity (as defined in section 212(m)(6)) for which the alien
will perform the services; or’’.
(b) REQUIREMENTS.—Section 212(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(m)) is amended
to read as follows:
‘‘(m)(1) The qualifications referred to in section
101(a)(15)(H)(i)(c), with respect to alien who is coming to
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the United States to perform nursing services for a facility,
are that the alien—
‘‘(A) has obtained a full and unrestricted license
to practice professional nursing in the country where
the alien obtained nursing education or has received
nursing education in the United States;
‘‘(B) has passed an appropriate examination
(recognized in regulations promulgated in consulta-
tion with the Secretary of Health and Human Serv-
ices) or has a full and unrestricted license under
State law to practice professional nursing in the
State of intended employment; and
‘‘(C) is fully qualified and eligible under the
laws (including such temporary or interim licensing
requirements which authorize the nurse to be em-
ployed) governing the place of intended employment
to engage in the practice of professional nursing as a
registered nurse immediately upon admission to the
United States and is authorized under such laws to
be employed by the facility.
‘‘(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an
alien will perform services, is an attestation as to the fol-
lowing:
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‘‘(i) The facility meets all the requirements of
paragraph (6).
‘‘(ii) The employment of the alien will not ad-
versely affect the wages and working conditions of
registered nurses similarly employed.
‘‘(iii) The alien employed by the facility will be
paid the wage rate for registered nurses similarly em-
ployed by the facility.
‘‘(iv) The facility has taken and is taking timely
and significant steps designed to recruit and retain
sufficient registered nurses who are United States
citizens or immigrants who are authorized to perform
nursing services, in order to remove as quickly as rea-
sonably possible the dependence of the facility on non-
immigrant registered nurses.
‘‘(v) There is not a strike or lockout in the course
of a labor dispute, and the employment of such an
alien is not intended or designed to influence an elec-
tion for a bargaining representative for registered
nurses of the facility.
‘‘(vi) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c),
notice of the filing has been provided by the facility
to the bargaining representative of the registered
nurses at the facility or, where there is no such bar-
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gaining representative, notice of the filing has been
provided to the registered nurses employed at the fa-
cility through posting in conspicuous locations.
‘‘(vii) The facility will not, at any time, employ
a number of aliens issued visas or otherwise provided
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(c) that exceeds 33 percent of the
total number of registered nurses employed by the fa-
cility.
‘‘(viii) The facility will not, with respect to any
alien issued a visa or otherwise provided non-immi-
grant status under section 101(a)(15)(H)(i)(c)—
‘‘(I) authorize the alien to perform nursing
services at any worksite other than a worksite
controlled by the facility; or
‘‘(II) transfer the place of employment of
the alien from one worksite to another.
Nothing in clause (iv) shall be construed as requiring a fa-
cility to have taken significant steps described in such
clause before the date of the enactment of the Health Profes-
sional Shortage Area Nursing Relief Act of 1998. A copy
of the attestation shall be provided, within 30 days of the
date of filing, to registered nurses employed at the facility
on the date of the filing.
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‘‘(B) For purposes of subparagraph (A)(iv), each of the
following shall be considered a significant step reasonably
designed to recruit and retain registered nurses:
‘‘(i) Operating a training program for registered
nurses at the facility or financing (or providing par-
ticipation in) a training program for registered
nurses elsewhere.
‘‘(ii) Providing career development programs
and other methods of facilitating health care workers
to become registered nurses.
‘‘(iii) Paying registered nurses wages at a rate
higher than currently being paid to registered nurses
similarly employed in the geographic area.
‘‘(iv) Providing reasonable opportunities for
meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be con-
sidered to be an exclusive list of the significant steps that
may be taken to meet the conditions of subparagraph
(A)(iv). Subparagraph (A)(iv)’s requirement shall be satis-
fied by a facility taking any of the steps listed in this sub-
paragraph.
‘‘(C) Subject to subparagraph (E), an attestation
under subparagraph (A)—
‘‘(i) shall expire on the date that is the later of—
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‘‘(I) the end of the one-year period begin-
ning of the date of its filing with the Secretary
of Labor; or
‘‘(II) the end of the period of admission
under section 101(a)(15)(H)(i)(c) of the last
alien with respect to whose admission it was ap-
plied (in accordance with clause (ii)); and
‘‘(ii) shall apply to petitions filed during the
one-year period beginning on the date of its filing
with the Secretary of Labor if the facility states in
each such petition that it continues to comply with
the conditions in the attestation.
‘‘(D) A facility may meet the requirements under this
paragraph with respect to more than one registered nurse
in a single petition.
‘‘(E)(i) The Secretary of Labor shall compile and make
available for public examination in a timely manner in
Washington, D.C., a list identifying facilities which have
filed 
petitions 
for 
nonimmigrants 
under 
section
101(a)(15)(H)(i)(c) and, for each such facility, a copy of
the facility’s attestation under subparagraph (A) (and ac-
companying documentation) and each such petition filed
by the facility.
‘‘(ii) The Secretary of Labor shall establish a process,
including reasonable time limits, for the receipt, investiga-
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tion, and disposition of complaints respecting a facility’s
failure to meet conditions attested to or a facility’s mis-
representation of a material fact in an attestation. Com-
plaints may be filed by any aggrieved person or organiza-
tion (including bargaining representatives, associations
deemed appropriate by the Secretary, and other aggrieved
parties as determined under regulations of the Secretary).
The Secretary shall conduct an investigation under this
clause if there is reasonable cause to believe that a facility
fails to meet conditions attested to. Subject to the time lim-
its established under this clause, this subparagraph shall
apply regardless of whether an attestation is expired or un-
expired at the time a complaint is filed.
‘‘(iii) Under such process, the Secretary shall provide,
within 180 days after the date such a complaint is filed,
for a determination as to whether or not a basis exists to
make a finding described in clause (iv). If the Secretary
determines that such a basis exists, the Secretary shall pro-
vide for notice of such determination to the interested par-
ties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
‘‘(iv) If the Secretary of Labor finds, after notice and
opportunity for a hearing, that a facility (for which an at-
testation is made) has failed to meet a condition attested
to or that there was a misrepresentation of material fact
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in the attestation, the Secretary shall notify the Attorney
General of such finding and may, in addition, impose such
an administrative remedies (including civil monetary pen-
alties in an amount not to exceed $1,000 per nurse per vio-
lation, with the total penalty not to exceed $10,000 per vio-
lation) as the Secretary determines to be appropriate. Upon
receipt of such notice, the Attorney General shall not ap-
prove petitions filed with respect to a facility during a pe-
riod of at least one year for nurses to be employed by the
facility.
‘‘(v) In addition to the sanctions provided for under
clause (iv), if the Secretary of Labor finds, after notice and
an opportunity for a hearing that, a facility has violated
the condition attested to under subparagraph (A)(iii) (re-
lating to payment of registered nurses at the prevailing
wage rate), the Secretary shall order the facility to provide
for payment of such amounts of back pay as may be re-
quired to comply with such condition.
‘‘(F)(i) The Secretary of Labor shall impose on a facil-
ity filing an attestation under subparagraph (A) a filing
fee, in an amount prescribed by the Secretary based on the
costs of carrying out the Secretary’s duties under this sub-
section, but not exceeding $250.
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‘‘(ii) Fees collected under this subparagraph shall be
deposited in a fund established for this purpose in the
Treasury of the United States.
‘‘(iii) The collected fees in the fund shall be available
to the Secretary of Labor, to the extent and in such amounts
as may be provided in appropriations Acts, to cover the
costs described in clause (i), in addition to any other funds
that are available to the Secretary to cover such costs.
‘‘(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be 3 years.
‘‘(4) The total number of nonimmigrant visas issued
pursuant 
to 
petitions 
granted 
under 
section
101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500.
The 
number 
of 
petitions 
granted 
under 
section
101(a)(15)(H)(i)(c) for each State in each fiscal year shall
not exceed the following:
‘‘(A) For States with populations of less than
9,000,000 based upon the 1990 decennial census of
population, 25 petitions.
‘‘(B) For States with populations of 9,000,000 or
more, based upon the 1990 decennial census of popu-
lation, 50 petitions.
‘‘(C) If the total number of visas available under
this paragraph for a calendar quarter exceeds the
number of qualified nonimmigrants who may be
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issued such visas, the visas made available under this
paragraph shall be issued without regard to the nu-
merical limitations under subparagraphs (A) and (B)
of this paragraph during the remainder of the cal-
endar quarter.
‘‘(5) A facility that has filed a petition under section
101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform
nursing services for the facility—
‘‘(A) shall provide the nonimmigrant a wage
rate and working conditions commensurate with those
of nurses similarly employed by the facility;
‘‘(B) shall require the nonimmigrant to work
hours commensurate with those of nurses similarly
employed by the facility; and
‘‘(C) shall not interfere with the right of the non-
immigrant to join or organize a union.
‘‘(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c), the term ‘facility’ means a subsection
(d) hospital (as defined in section 1886(d)(1)(B) of the So-
cial Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets
the following requirements:
‘‘(A) As of March 31, 1997, the hospital was lo-
cated in a health professional shortage area (as de-
fined in section 332 of the Public Health Service Act
(42 U.S.C. 254e)).
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‘‘(B) Based on its settled cost report filed under
title XVIII of the Social Security Act for its costs re-
porting period beginning during fiscal year 1994—
‘‘(i) the hospital has not less than 190 li-
censed acute care beds;
‘‘(ii) the number of the hospital’s inpatient
days for such period which were made up of pa-
tients who (for such days) were entitled to bene-
fits under part A of such title is not less than
35 percent of the total number of such hospital’s
acute care inpatient days for such period; and
‘‘(iii) the number of the hospital’s inpatient
days for such period which were made up of pa-
tients who (for such days) were eligible for medi-
cal assistance under a State plan approved
under title XIX of the Social Security Act, is not
less than 28 percent of the total number of such
hospital’s acute care inpatient days for such pe-
riod.’’.
(c) REPEALER.—Clause (i) of section 101(a)(15)(H) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(H)(i)) is amended by striking subclause (a).
(d) IMPLEMENTATION.—Not later than 90 days after
the date of enactment of this Act, the Secretary of Labor
(in consultation, to the extent required, with the Secretary
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of Health and Human Services) and the Attorney General
shall promulgate final or interim final regulations to carry
out section 212(m) of the Immigration and Nationality Act
(as amended by subsection (b)).
(e) 
LIMITING
APPLICATION
OF
NONIMMIGRANT
CHANGES TO 4–YEAR PERIOD.—The amendments made by
this section shall apply to classification petitions filed for
nonimmigrant status only during the 4-year period begin-
ning on the date that interim or final regulation are first
promulgated under subsection (d).
SEC. 1203. RECOMMENDATIONS
FOR ALTERNATIVE
REMEDY FOR NURSING SHORTAGE. Not later than the last
day of the 4-year period described in section 1202(e), the
Secretary of Health and Human Services and the Secretary
of Labor shall jointly submit to Congress recommendations
(including legislative specifications) with respect to the fol-
lowing:
(1) A program to eliminate the dependence of fa-
cilities described in section 212(m)(6) of the Immigra-
tion and Nationality Act (as amended by section
1202(b)) on nonimmigrant registered nurses by pro-
viding for a permanent solution to the shortage of
registered nurses who are United States citizens or
aliens lawfully admitted for permanent residence.
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(2) A method of enforcing the requirements im-
posed on facilities under sections 101(a)(15)(H)(i)(c)
and 212(m) of the Immigration and Nationality Act
(as amended by section 1202) that would be more ef-
fective 
than 
the 
process 
described 
in 
section
212(m)(2)(E) of such Act (as so amended).
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1999’’.
Attest:
Secretary.
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