H. R. 2738—23
‘‘(B) the person immediately and voluntarily provides
written notice of the change in circumstances to all persons
to whom the person provided the certificate.’’.
(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding
at the end the following new subsection:
‘‘(g) DENIAL
OF
PREFERENTIAL
TARIFF
TREATMENT
UNDER
UNITED STATES-CHILE FREE TRADE AGREEMENT.—If the Bureau
of Customs and Border Protection or the Bureau of Immigration
and Customs Enforcement finds indications of a pattern of conduct
by an importer of false or unsupported representations that goods
qualify under the rules of origin set out in section 202 of the
United States-Chile Free Trade Agreement Implementation Act,
the Bureau of Customs and Border Protection, in accordance with
regulations issued by the Secretary of the Treasury, may deny
preferential tariff treatment under the United States-Chile Free
Trade Agreement to entries of identical goods imported by that
person until the person establishes to the satisfaction of the Bureau
of Customs and Border Protection that representations of that
person are in conformity with such section 202.’’.
SEC. 206. RELIQUIDATION OF ENTRIES.
Subsection (d) of section 520 of the Tariff Act of 1930 (19
U.S.C. 1520(d)) is amended—
(1) by striking ‘‘(d)’’ and inserting the following:
‘‘(d) GOODS QUALIFYING UNDER FREE TRADE AGREEMENT RULES
OF ORIGIN.—’’;
(2) in the matter preceding paragraph (1), by inserting
‘‘or section 202 of the United States-Chile Free Trade Agree-
ment Implementation Act’’ after ‘‘Act’’;
(3) in paragraph (1), by striking ‘‘those’’ and inserting ‘‘the
applicable’’; and
(4) in paragraph (2), by inserting before the semicolon
‘‘, or other certificates of origin, as the case may be’’.
SEC. 207. RECORDKEEPING REQUIREMENTS.
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is
amended—
(1) by striking the heading of subsection (b) and inserting
the following: ‘‘EXPORTATIONS TO NAFTA COUNTRIES.—’’; and
(2) by adding at the end the following:
‘‘(f) CERTIFICATES OF ORIGIN FOR GOODS EXPORTED UNDER THE
UNITED STATES-CHILE FREE TRADE AGREEMENT.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term
‘records and supporting documents’ means, with respect
to an exported good under paragraph (2), records and docu-
ments related to the origin of the good, including—
‘‘(i) the purchase, cost, and value of, and payment
for, the good;
‘‘(ii) if applicable, the purchase, cost, and value
of, and payment for, all materials, including recovered
goods, used in the production of the good; and
‘‘(iii) if applicable, the production of the good in
the form in which it was exported.
‘‘(B) CHILE
FTA
CERTIFICATE
OF
ORIGIN.—The term
‘Chile FTA Certificate of Origin’ means the certification,
established under article 4.13 of the United States-Chile
H. R. 2738—24
Free Trade Agreement, that a good qualifies as an origi-
nating good under such Agreement.
‘‘(2) EXPORTS TO CHILE.—Any person who completes and
issues a Chile FTA Certificate of Origin for a good exported
from the United States shall make, keep, and, pursuant to
rules and regulations promulgated by the Secretary of the
Treasury, render for examination and inspection all records
and supporting documents related to the origin of the good
(including the Certificate or copies thereof).
‘‘(3) RETENTION
PERIOD.—Records and supporting docu-
ments shall be kept by the person who issued a Chile FTA
Certificate of Origin for at least 5 years after the date on
which the certificate was issued.
‘‘(g) PENALTIES.—Any person who fails to retain records and
supporting documents required by subsection (f) or the regulations
issued to implement that subsection shall be liable for the greater
of—
‘‘(1) a civil penalty not to exceed $10,000; or
‘‘(2) the general record keeping penalty that applies under
the customs laws of the United States.’’.
SEC. 208. ENFORCEMENT OF TEXTILE AND APPAREL RULES OF ORIGIN.
(a) ACTION DURING VERIFICATION.—If the Secretary of the
Treasury requests the Government of Chile to conduct a verification
pursuant to article 3.21 of the Agreement for purposes of deter-
mining that—
(1) an exporter or producer in Chile is complying with
applicable customs laws, regulations, and procedures regarding
trade in textile and apparel goods, or
(2) claims that textile or apparel goods exported or produced
by such exporter or producer—
(A) qualify as originating goods under section 202 of
this Act, or
(B) are goods of Chile,
are accurate,
the President may direct the Secretary to take appropriate action
described in subsection (b) while the verification is being conducted.
(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under
subsection (a) includes—
(1) suspension of liquidation of entries of textile and apparel
goods exported or produced by the person that is the subject
of the verification, in a case in which the request for verification
was based on a reasonable suspicion of unlawful activity related
to such goods; and
(2) publication of the name of the person that is the subject
of the verification.
(c) ACTION WHEN INFORMATION IS INSUFFICIENT.—If the Sec-
retary of the Treasury determines that the information obtained
within 12 months after making a request for a verification under
subsection (a) is insufficient to make a determination under sub-
section (a), the President may direct the Secretary to take appro-
priate action described in subsection (d) until such time as the
Secretary receives information sufficient to make a determination
under subsection (a) or until such earlier date as the President
may direct.
(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action under
subsection (c) includes—
H. R. 2738—25
(1) publication of the identity of the person that is the
subject of the verification;
(2) denial of preferential tariff treatment under the Agree-
ment to any textile or apparel goods exported or produced
by the person that is the subject of the verification; and
(3) denial of entry into the United States of any textile
or apparel goods exported or produced by the person that is
the subject of the verification.
SEC. 209. CONFORMING AMENDMENTS.
Section 508(b)(2)(B)(i)(I) of the Tariff Act of 1930 (19 U.S.C.
1508(b)(2)(B)(i)(I)) is amended—
(1) by striking ‘‘the last paragraph of section 311’’ and
inserting ‘‘the eleventh paragraph of section 311’’; and
(2) by striking ‘‘the last proviso to section 3(a)’’ and
inserting ‘‘the proviso preceding the last proviso to section
3(a)’’.
SEC. 210. REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations
as may be necessary to carry out—
(1) subsections (a) through (n) of section 202, and sections
203 and 204;
(2) amendments made by the sections referred to in para-
graph (1); and
(3) proclamations issued under section 202(o).
TITLE III—RELIEF FROM IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) COMMISSION.—The term ‘‘Commission’’ means the
United States International Trade Commission.
(2) CHILEAN ARTICLE.—The term ‘‘Chilean article’’ means
an article that qualifies as an originating good under section
202(a) of this Act.
(3) CHILEAN
TEXTILE
OR
APPAREL
ARTICLE.—The term
‘‘Chilean textile or apparel article’’ means an article—
(A) that is listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4));
and
(B) that is a Chilean article.
Subtitle A—Relief From Imports Benefiting
From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—A petition requesting action under
this subtitle for the purpose of adjusting to the obligations of
the United States under the Agreement may be filed with the
Commission by an entity, including a trade association, firm, cer-
tified or recognized union, or group of workers, that is representa-
tive of an industry. The Commission shall transmit a copy of any
H. R. 2738—26
petition filed under this subsection to the United States Trade
Representative.
(b) INVESTIGATION
AND DETERMINATION.—Upon the filing of
a petition under subsection (a), the Commission, unless subsection
(d) applies, shall promptly initiate an investigation to determine
whether, as a result of the reduction or elimination of a duty
provided for under the Agreement, a Chilean article is being
imported into the United States in such increased quantities, in
absolute terms or relative to domestic production, and under such
conditions that imports of the Chilean article constitute a substan-
tial cause of serious injury or threat thereof to the domestic industry
producing an article that is like, or directly competitive with, the
imported article.
(c) APPLICABLE PROVISIONS.—The following provisions of section
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect
to any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (i).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation
may be initiated under this section with respect to any Chilean
article if, after the date that the Agreement enters into force,
import relief has been provided with respect to that Chilean article
under this subtitle, or if, at the time the petition is filed, the
article is subject to import relief under chapter 1 of title II of
the Trade Act of 1974.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—Not later than 120 days after the date
on which an investigation is initiated under section 311(b) with
respect to a petition, the Commission shall make the determination
required under that section.
(b) APPLICABLE PROVISIONS.—For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be
applied with respect to determinations and findings made under
this section as if such determinations and findings were made
under section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA-
TION AFFIRMATIVE.—If the determination made by the Commission
under subsection (a) with respect to imports of an article is affirma-
tive, or if the President may consider a determination of the
Commission to be an affirmative determination as provided for
under paragraph (1) of section 330(d) of the Tariff Act of 1930
(19 U.S.C. 1330(d)), the Commission shall find, and recommend
to the President in the report required under subsection (d), the
amount of import relief that is necessary to remedy or prevent
the injury found by the Commission in the determination and
to facilitate the efforts of the domestic industry to make a positive
adjustment to import competition. The import relief recommended
by the Commission under this subsection shall be limited to the
relief described in section 313(c). Only those members of the
Commission who voted in the affirmative under subsection (a) are
eligible to vote on the proposed action to remedy or prevent the
injury found by the Commission. Members of the Commission who
did not vote in the affirmative may submit, in the report required
H. R. 2738—27
under subsection (d), separate views regarding what action, if any,
should be taken to remedy or prevent the injury.
(d) REPORT TO PRESIDENT.—Not later than the date that is
30 days after the date on which a determination is made under
subsection (a) with respect to an investigation, the Commission
shall submit to the President a report that includes—
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is affirmative,
any findings and recommendations for import relief made under
subsection (c) and an explanation of the basis for each rec-
ommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination and recommendation
referred to in paragraphs (1) and (2).
(e) PUBLIC NOTICE.—Upon submitting a report to the President
under subsection (d), the Commission shall promptly make public
such report (with the exception of information which the Commis-
sion determines to be confidential) and shall cause a summary
thereof to be published in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) IN GENERAL.—Not later than the date that is 30 days
after the date on which the President receives the report of the
Commission in which the Commission’s determination under section
312(a) is affirmative, or which contains a determination under
section 312(a) that the President considers to be affirmative under
paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)(1)), the President, subject to subsection (b), shall provide
relief from imports of the article that is the subject of such deter-
mination to the extent that the President determines necessary
to remedy or prevent the injury found by the Commission and
to facilitate the efforts of the domestic industry to make a positive
adjustment to import competition.
(b) EXCEPTION.—The President is not required to provide import
relief under this section if the President determines that the provi-
sion of the import relief will not provide greater economic and
social benefits than costs.
(c) NATURE OF RELIEF.—
(1) IN GENERAL.—The import relief that the President is
authorized to provide under this section with respect to imports
of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 3.3 of the Agreement in the duty imposed
on such article.
(B) An increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before the
date on which the Agreement enters into force.
(2) PROGRESSIVE LIBERALIZATION.—If the period for which
import relief is provided under this section is greater than
H. R. 2738—28
1 year, the President shall provide for the progressive liberaliza-
tion (described in article 8.2(2) of the Agreement) of such relief
at regular intervals during the period of its application.
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2), the import relief
that the President is authorized to provide under this section,
including any extensions thereof, may not, in the aggregate,
exceed 3 years.
(2) EXTENSION.—
(A) IN GENERAL.—If the initial period for any import
relief provided under this section is less than 3 years,
the President, after receiving an affirmative determination
from the Commission under subparagraph (B), may extend
the effective period of any import relief provided under
this section, subject to the limitation under paragraph (1),
if the President determines that—
(i) the import relief continues to be necessary to
remedy or prevent serious injury and to facilitate
adjustment; and
(ii) there is evidence that the industry is making
a positive adjustment to import competition.
(B) ACTION BY COMMISSION.—(i) Upon a petition on
behalf of the industry concerned, filed with the Commission
not earlier than the date which is 9 months, and not
later than the date which is 6 months, before the date
on which any action taken under subsection (a) is to termi-
nate, the Commission shall conduct an investigation to
determine whether action under this section continues to
be necessary to remedy or prevent serious injury and
whether there is evidence that the industry is making
a positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subparagraph
in the Federal Register and shall, within a reasonable
time thereafter, hold a public hearing at which the Commis-
sion shall afford interested parties and consumers an oppor-
tunity to be present, to present evidence, and to respond
to the presentations of other parties and consumers, and
otherwise to be heard.
(iii) The Commission shall transmit to the President
a report on its investigation and determination under this
subparagraph not later than 60 days before the action
under subsection (a) is to terminate, unless the President
specifies a different date.
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import
relief under this section is terminated with respect to an article—
(1) the rate of duty on that article after such termination
and on or before December 31 of the year in which such termi-
nation occurs shall be the rate that, according to the Schedule
of the United States in Annex 3.3 of the Agreement for the
staged elimination of the tariff, would have been in effect
1 year after the provision of relief under subsection (a); and
(2) the rate of duty for that article after December 31
of the year in which termination occurs shall be, at the discre-
tion of the President, either—
H. R. 2738—29
(A) the applicable rate of duty for that article set
out in the Schedule of the United States in Annex 3.3
of the Agreement; or
(B) the rate of duty resulting from the elimination
of the tariff in equal annual stages ending on the date
set out in the United States Schedule in Annex 3.3 of
the Agreement for the elimination of the tariff.
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be
provided under this section on any article subject to import relief
under chapter 1 of title II of the Trade Act of 1974.
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—No import relief may be provided under
this subtitle after the date that is 10 years after the date on
which the Agreement enters into force.
(b) EXCEPTION.—If an article for which relief is provided under
this subtitle is an article for which the period for tariff elimination,
set out in the Schedule of the United States to Annex 3.3 of
the Agreement, is 12 years, no relief under this subtitle may be
provided for that article after the date that is 12 years after the
date on which the Agreement enters into force.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President under
section 313 shall be treated as action taken under chapter 1 of
title II of such Act.
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))
is amended in the first sentence—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end ‘‘, and title
III of the United States-Chile Free Trade Agreement
Implementation Act’’.
Subtitle B—Textile and Apparel Safeguard
Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) IN GENERAL.—A request under this subtitle for the purpose
of adjusting to the obligations of the United States under the
Agreement may be filed with the President by an interested party.
Upon the filing of a request, the President shall review the request
to determine, from information presented in the request, whether
to commence consideration of the request.
(b) PUBLICATION OF REQUEST.—If the President determines that
the request under subsection (a) provides the information necessary
for the request to be considered, the President shall cause to be
published in the Federal Register a notice of commencement of
consideration of the request, and notice seeking public comments
regarding the request. The notice shall include the request and
the dates by which comments and rebuttals must be received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) DETERMINATION.—
H. R. 2738—30
(1) IN GENERAL.—If a positive determination is made under
section 321(b), the President shall determine whether, as a
result of the elimination of a duty under the Agreement, a
Chilean textile or apparel article is being imported into the
United States in such increased quantities, in absolute terms
or relative to the domestic market for that article, and under
such conditions as to cause serious damage, or actual threat
thereof, to a domestic industry producing an article that is
like, or directly competitive with, the imported article.
(2) SERIOUS DAMAGE.—In making a determination under
paragraph (1), the President—
(A) shall examine the effect of increased imports on
the domestic industry, as reflected in changes in such rel-
evant economic factors as output, productivity, utilization
of capacity, inventories, market share, exports, wages,
employment, domestic prices, profits, and investment, none
of which is necessarily decisive; and
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determination
of serious damage or actual threat thereof.
(b) PROVISION OF RELIEF.—
(1) IN GENERAL.—If a determination under subsection (a)
is affirmative, the President may provide relief from imports
of the article that is the subject of such determination, as
provided in paragraph (2), to the extent that the President
determines necessary to remedy or prevent the serious damage
and to facilitate adjustment by the domestic industry.
(2) NATURE OF RELIEF.—The relief that the President is
authorized to provide under this subsection with respect to
imports of an article is an increase in the rate of duty imposed
on the article to a level that does not exceed the lesser of—
(A) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(B) the column 1 general rate of duty imposed under
the HTS on like articles on the day before the date on
which the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) IN GENERAL.—The import relief that the President is author-
ized to provide under section 322, including any extensions thereof,
may not, in the aggregate, exceed 3 years.
(b) EXTENSION.—If the initial period for any import relief pro-
vided under this section is less than 3 years, the President may
extend the effective period of any import relief provided under
this section, subject to the limitation set forth in subsection (a),
if the President determines that—
(1) the import relief continues to be necessary to remedy
or prevent serious damage and to facilitate adjustment; and
(2) there is evidence that the industry is making a positive
adjustment to import competition.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle
with respect to any article if import relief previously has been
provided under this subtitle with respect to that article.
H. R. 2738—31
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated with
respect to an article, the rate of duty on that article shall be
duty-free.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with
respect to any article after the date that is 8 years after the
date on which duties on the article are eliminated pursuant to
the Agreement.
SEC. 327. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President under
this subtitle shall be treated as action taken under chapter 1
of title II of that Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which the President
considers to be confidential business information unless the party
submitting the confidential business information had notice, at
the time of submission, that such information would be released
by the President, or such party subsequently consents to the release
of the information. To the extent business confidential information
is provided, a nonconfidential version of the information shall also
be provided, in which the business confidential information is
summarized or, if necessary, deleted.
TITLE IV—TEMPORARY ENTRY OF
BUSINESS PERSONS
SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
Upon a basis of reciprocity secured by the Agreement, an alien
who is a national of Chile (and any spouse or child (as defined
in section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of such alien, if accompanying or following to
join the alien) may, if otherwise eligible for a visa and if otherwise
admissible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifi-
able as a nonimmigrant under section 101(a)(15)(E) of such Act
(8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified
in clause (i) or (ii) of such section 101(a)(15)(E). For purposes
of this section, the term ‘‘national’’ has the meaning given such
term in article 14.9 of the Agreement.
SEC. 402. NONIMMIGRANT PROFESSIONALS; LABOR ATTESTATIONS.
(a) NONIMMIGRANT PROFESSIONALS.—
(1) 
DEFINITIONS.—Section 
101(a)(15)(H)(i)(b) 
of 
the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
is amended by striking ‘‘212(n)(1), or (c)’’ and inserting
‘‘212(n)(1), or (b1) who is entitled to enter the United States
under and in pursuance of the provisions of an agreement
listed in section 214(g)(8)(A), who is engaged in a specialty
occupation described in section 214(i)(3), and with respect to
whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security and the Secretary of State
H. R. 2738—32
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1), or (c)’’.
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended—
(A) in subsection (i)—
(i) in paragraph (1), by striking ‘‘For purposes’’
and inserting ‘‘Except as provided in paragraph (3),
for purposes’’; and
(ii) by adding at the end the following:
‘‘(3) For purposes of section 101(a)(15)(H)(i)(b1), the term ‘spe-
cialty occupation’ means an occupation that requires—
‘‘(A) theoretical and practical application of a body of
specialized knowledge; and
‘‘(B) attainment of a bachelor’s or higher degree in the
specific specialty (or its equivalent) as a minimum for entry
into the occupation in the United States.’’; and
(B) in subsection (g), by adding at the end the following:
‘‘(8)(A) The agreement referred to in section 101(a)(15)(H)(i)(b1)
is the United States-Chile Free Trade Agreement.
‘‘(B)(i) The Secretary of Homeland Security shall establish
annual numerical limitations on approvals of initial applications
by aliens for admission under section 101(a)(15)(H)(i)(b1).
‘‘(ii) The annual numerical limitations described in clause (i)
shall not exceed 1,400 for nationals of Chile for any fiscal year.
For purposes of this clause, the term ‘national’ has the meaning
given such term in article 14.9 of the United States-Chile Free
Trade Agreement.
‘‘(iii) The annual numerical limitations described in clause (i)
shall only apply to principal aliens and not to the spouses or
children of such aliens.
‘‘(iv) The annual numerical limitation described in paragraph
(1)(A) is reduced by the amount of the annual numerical limitations
established under clause (i). However, if a numerical limitation
established under clause (i) has not been exhausted at the end
of a given fiscal year, the Secretary of Homeland Security shall
adjust upwards the numerical limitation in paragraph (1)(A) for
that fiscal year by the amount remaining in the numerical limitation
under clause (i). Visas under section 101(a)(15)(H)(i)(b) may be
issued pursuant to such adjustment within the first 45 days of
the next fiscal year to aliens who had applied for such visas during
the fiscal year for which the adjustment was made.
‘‘(C) The period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be
extended, but only in 1-year increments. After every second exten-
sion, the next following extension shall not be granted unless the
Secretary of Labor had determined and certified to the Secretary
of Homeland Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation under
section 212(t)(1) for the purpose of permitting the nonimmigrant
to obtain such extension.
‘‘(D) The numerical limitation described in paragraph (1)(A)
for a fiscal year shall be reduced by one for each alien granted
an extension under subparagraph (C) during such year who has
obtained 5 or more consecutive prior extensions.’’.
(b) LABOR ATTESTATIONS.—Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended—
H. R. 2738—33
(1) by redesignating the subsection (p) added by section
1505(f) of Public Law 106–386 (114 Stat. 1526) as subsection
(s); and
(2) by adding at the end the following:
‘‘(t)(1) No alien may be admitted or provided status as a non-
immigrant under section 101(a)(15)(H)(i)(b1) in an occupational
classification unless the employer has filed with the Secretary of
Labor an attestation stating the following:
‘‘(A) The employer—
‘‘(i) is offering and will offer during the period of
authorized employment to aliens admitted or provided
status under section 101(a)(15)(H)(i)(b1) wages that are
at least—
‘‘(I) the actual wage level paid by the employer
to all other individuals with similar experience and
qualifications for the specific employment in question;
or
‘‘(II) the prevailing wage level for the occupational
classification in the area of employment,
whichever is greater, based on the best information avail-
able as of the time of filing the attestation; and
‘‘(ii) will provide working conditions for such a non-
immigrant that will not adversely affect the working condi-
tions of workers similarly employed.
‘‘(B) There is not a strike or lockout in the course of
a labor dispute in the occupational classification at the place
of employment.
‘‘(C) The employer, at the time of filing the attestation—
‘‘(i) has provided notice of the filing under this para-
graph to the bargaining representative (if any) of the
employer’s employees in the occupational classification and
area for which aliens are sought; or
‘‘(ii) if there is no such bargaining representative, has
provided notice of filing in the occupational classification
through such methods as physical posting in conspicuous
locations at the place of employment or electronic notifica-
tion to employees in the occupational classification for
which nonimmigrants under section 101(a)(15)(H)(i)(b1) are
sought.
‘‘(D) A specification of the number of workers sought, the
occupational classification in which the workers will be
employed, and wage rate and conditions under which they
will be employed.
‘‘(2)(A) The employer shall make available for public examina-
tion, within one working day after the date on which an attestation
under this subsection is filed, at the employer’s principal place
of business or worksite, a copy of each such attestation (and such
accompanying documents as are necessary).
‘‘(B)(i) The Secretary of Labor shall compile, on a current basis,
a list (by employer and by occupational classification) of the attesta-
tions filed under this subsection. Such list shall include, with respect
to each attestation, the wage rate, number of aliens sought, period
of intended employment, and date of need.
‘‘(ii) The Secretary of Labor shall make such list available
for public examination in Washington, D.C.
H. R. 2738—34
‘‘(C) The Secretary of Labor shall review an attestation filed
under this subsection only for completeness and obvious inaccura-
cies. Unless the Secretary of Labor finds that an attestation is
incomplete or obviously inaccurate, the Secretary of Labor shall
provide the certification described in section 101(a)(15)(H)(i)(b1)
within 7 days of the date of the filing of the attestation.
‘‘(3)(A) The Secretary of Labor shall establish a process for
the receipt, investigation, and disposition of complaints respecting
the failure of an employer to meet a condition specified in an
attestation submitted under this subsection or misrepresentation
by the employer of material facts in such an attestation. Complaints
may be filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing shall be
conducted on a complaint concerning such a failure or misrepresen-
tation unless the complaint was filed not later than 12 months
after the date of the failure or misrepresentation, respectively.
The Secretary of Labor shall conduct an investigation under this
paragraph if there is reasonable cause to believe that such a failure
or misrepresentation has occurred.
‘‘(B) Under the process described in subparagraph (A), the
Secretary of Labor shall provide, within 30 days after the date
a complaint is filed, for a determination as to whether or not
a reasonable basis exists to make a finding described in subpara-
graph (C). If the Secretary of Labor determines that such a reason-
able basis exists, the Secretary of Labor shall provide for notice
of such determination to the interested parties and an opportunity
for a hearing on the complaint, in accordance with section 556
of title 5, United States Code, within 60 days after the date of
the determination. If such a hearing is requested, the Secretary
of Labor shall make a finding concerning the matter by not later
than 60 days after the date of the hearing. In the case of similar
complaints respecting the same applicant, the Secretary of Labor
may consolidate the hearings under this subparagraph on such
complaints.
‘‘(C)(i) If the Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition of paragraph
(1)(B), a substantial failure to meet a condition of paragraph (1)(C)
or (1)(D), or a misrepresentation of material fact in an attestation—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
to exceed $1,000 per violation) as the Secretary of Labor deter-
mines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 1
year for aliens to be employed by the employer.
‘‘(ii) If the Secretary of Labor finds, after notice and opportunity
for a hearing, a willful failure to meet a condition of paragraph
(1), a willful misrepresentation of material fact in an attestation,
or a violation of clause (iv)—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
H. R. 2738—35
to exceed $5,000 per violation) as the Secretary of Labor deter-
mines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 2
years for aliens to be employed by the employer.
‘‘(iii) If the Secretary of Labor finds, after notice and opportunity
for a hearing, a willful failure to meet a condition of paragraph
(1) or a willful misrepresentation of material fact in an attestation,
in the course of which failure or misrepresentation the employer
displaced a United States worker employed by the employer within
the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition or application supported
by the attestation—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
to exceed $35,000 per violation) as the Secretary of Labor
determines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 3
years for aliens to be employed by the employer.
‘‘(iv) It is a violation of this clause for an employer who has
filed an attestation under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of
this clause, includes a former employee and an applicant for employ-
ment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably
believes evidences a violation of this subsection, or any rule or
regulation pertaining to this subsection, or because the employee
cooperates or seeks to cooperate in an investigation or other pro-
ceeding concerning the employer’s compliance with the require-
ments of this subsection or any rule or regulation pertaining to
this subsection.
‘‘(v) The Secretary of Labor and the Secretary of Homeland
Security shall devise a process under which a nonimmigrant under
section 101(a)(15)(H)(i)(b1) who files a complaint regarding a viola-
tion of clause (iv) and is otherwise eligible to remain and work
in the United States may be allowed to seek other appropriate
employment in the United States for a period not to exceed the
maximum period of stay authorized for such nonimmigrant classi-
fication.
‘‘(vi)(I) It is a violation of this clause for an employer who
has filed an attestation under this subsection to require a non-
immigrant under section 101(a)(15)(H)(i)(b1) to pay a penalty for
ceasing employment with the employer prior to a date agreed to
by the nonimmigrant and the employer. The Secretary of Labor
shall determine whether a required payment is a penalty (and
not liquidated damages) pursuant to relevant State law.
‘‘(II) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that an employer has committed a violation of this
clause, the Secretary of Labor may impose a civil monetary penalty
H. R. 2738—36
of $1,000 for each such violation and issue an administrative order
requiring the return to the nonimmigrant of any amount paid
in violation of this clause, or, if the nonimmigrant cannot be located,
requiring payment of any such amount to the general fund of
the Treasury.
‘‘(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an attestation under this subsection
and who places a nonimmigrant under section 101(a)(15)(H)(i)(b1)
designated as a full-time employee in the attestation, after the
nonimmigrant has entered into employment with the employer,
in nonproductive status due to a decision by the employer (based
on factors such as lack of work), or due to the nonimmigrant’s
lack of a permit or license, to fail to pay the nonimmigrant full-
time wages in accordance with paragraph (1)(A) for all such non-
productive time.
‘‘(II) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an attestation under this subsection
and who places a nonimmigrant under section 101(a)(15)(H)(i)(b1)
designated as a part-time employee in the attestation, after the
nonimmigrant has entered into employment with the employer,
in nonproductive status under circumstances described in subclause
(I), to fail to pay such a nonimmigrant for such hours as are
designated on the attestation consistent with the rate of pay identi-
fied on the attestation.
‘‘(III) 
In 
the 
case 
of 
a 
nonimmigrant 
under 
section
101(a)(15)(H)(i)(b1) who has not yet entered into employment with
an employer who has had approved an attestation under this sub-
section with respect to the nonimmigrant, the provisions of sub-
clauses (I) and (II) shall apply to the employer beginning 30 days
after the date the nonimmigrant first is admitted into the United
States, or 60 days after the date the nonimmigrant becomes eligible
to work for the employer in the case of a nonimmigrant who
is present in the United States on the date of the approval of
the attestation filed with the Secretary of Labor.
‘‘(IV) This clause does not apply to a failure to pay wages
to a nonimmigrant under section 101(a)(15)(H)(i)(b1) for nonproduc-
tive time due to non-work-related factors, such as the voluntary
request of the nonimmigrant for an absence or circumstances ren-
dering the nonimmigrant unable to work.
‘‘(V) This clause shall not be construed as prohibiting an
employer that is a school or other educational institution from
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) an
established salary practice of the employer, under which the
employer pays to nonimmigrants under section 101(a)(15)(H)(i)(b1)
and United States workers in the same occupational classification
an annual salary in disbursements over fewer than 12 months,
if—
‘‘(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment;
and
‘‘(bb) the application of the salary practice to the non-
immigrant does not otherwise cause the nonimmigrant to vio-
late any condition of the nonimmigrant’s authorization under
this Act to remain in the United States.
‘‘(VI) This clause shall not be construed as superseding clause
(viii).