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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’’.
Passed the House of Representatives August 6 (leg-
islative day, August 5), 1998.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate August 31, 1998.
Attest:
GARY SISCO,
Secretary.