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be required to have and document an objective system to
determine the wages of workers.’’.
(b) INAPPLICABILITY OF CERTAIN REGULATIONS TO
NON-H–1B-DEPENDENT EMPLOYERS.—
(1)
DEFINITION
OF
H–1B-DEPENDENT
EM-
PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended by inserting after subparagraph (D) the
following new subparagraph:
‘‘(E) In this subsection, the term ‘H–1B-de-
pendent employer’ means an employer that—
‘‘(i)(I) has fewer than 41 full-time equiva-
lent employees who are employed in the United
States,
and
(II)
employs
or
more
nonimmigrants
under
section
101(a)(15)(H)(i)(b); or
‘‘(ii)(I) has at least 41 full-time equivalent
employees who are employed in the United
States, and (II) employs nonimmigrants de-
scribed
in
section
101(a)(15)(H)(i)(b)
in
a
number that is equal to at least 10 percent of
the number of such full-time equivalent employ-
ees.
In applying this subparagraph, any group treated as
a single employer under subsection (b), (c), (m), or
(o) of section 414 of the Internal Revenue Code of
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1986 shall be treated as a single employer under
this subparagraph. Aliens with respect to whom the
employer has filed such an application shall be treat-
ed as employees, and counted as nonimmigrants
under section 101(a)(15)(H)(i)(b), under this sub-
paragraph.’’.
(2) LIMITING
APPLICATION
OF
CERTAIN
RE-
QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY-
ERS.—Section
212(n)
(8
U.S.C.
1182(n)),
as
amended in subsection (a), is further amended by
adding at the end the following new paragraph:
‘‘(4) In carrying out this subsection in the case of
an employer that is not an H–1B-dependent employer—
‘‘(A) the employer is not required to post no-
tices at worksites that were not listed on the applica-
tion under paragraph (1) if the worksites are within
the area of intended employment listed on such ap-
plication; and
‘‘(B) if the employer has filed and had certified
an application under paragraph (1) with respect to
one or more nonimmigrants described in section
101(a)(15)(H)(i)(b) for one or more areas of em-
ployment—
‘‘(i) the employer is not required to file
and have certified an additional application
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under paragraph (1) with respect to such a
nonimmigrant for an area of employment not
listed in the previous application because the
employer
has
placed
one
or
more
such
nonimmigrants in such a nonlisted area so long
as each such nonimmigrant is not placed in
such nonlisted areas for a period exceeding 45
workdays in any 12-month period and not to
exceed 90 workdays in any 36-month period,
and
‘‘(ii) the employer is not required to pay
per diem and transportation costs at any speci-
fied
rates
for
work
performed
in
such
a
nonlisted area.’’.
(3) LIMITATION
ON
AUTHORITY
TO
INITIATE
COMPLAINTS
AND
CONDUCT
INVESTIGATIONS
FOR
NON-H–1B-DEPENDENT
EMPLOYERS.—Section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend-
ed—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that the Secretary may only file such a
complaint in the case of an H–1B-dependent
employer (as defined in subparagraph (E))’’,
and
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(B) by inserting after the second sentence
the following new sentence: ‘‘No investigation or
hearing shall be conducted with respect to an
employer that is not an H–1B-dependent em-
ployer except in response to a complaint filed
under the previous sentence.’’.
(4) DELAY PERMITTED FOR CERTIFICATION IN
THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec-
tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by
inserting before the period at the end the following:
‘‘(or 30 days in the case of an employer which is an
H–1B-dependent employer)’’.
(c) NO DISPLACEMENT
OF AMERICAN WORKERS
PERMITTED.—(1)
Section
212(n)(1)
(8
U.S.C.
1182(n)(1)) is amended by inserting after subparagraph
(D) the following new subparagraph:
‘‘(E)(i) If the employer—
‘‘(I) within the 6 months preceding the
date the alien begins employment pursuant to
such admission or the provision of such status,
laid off any protected individual (within the
meaning of section 274B(a)(3)) with substan-
tially equivalent qualifications and experience in
the specific employment for which the non-
immigrant is being sought, the employer will
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pay an actual wage to the nonimmigrant that is
at least 110 percent of the arithmetic mean of
the last wage earned by such laid off employees
(or, if greater, 110 percent of arithmetic mean
of the highest wage earned by such laid off em-
ployees within the most recent year if the em-
ployer reduced such wage during such year
other than as part of a general company-wide
reduction of wages for substantially all employ-
ees); and
‘‘(II) within the 90 days following the date
the alien so begins employment and for so long
as the application remains active or a visa re-
mains in effect with respect to a nonimmigrant
pursuant to such an application, lays off any
protected individual (within the meaning of sec-
tion 274B(a)(3)) with substantially equivalent
qualifications and experience in the specific em-
ployment for which the nonimmigrant is em-
ployed, the employer will pay an actual wage to
the nonimmigrant that is at least 110 percent
of the arithmetic mean of the last wage earned
by such laid off employees (or, if greater, 110
percent of arithmetic mean of the highest wage
earned by such laid off employees within the
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most recent year if the employer reduced such
wage during such year other than as part of a
general company-wide reduction of wages for
substantially all employees).
‘‘(ii) In the case of an employer that is a job
contractor (within the meaning of regulations pro-
mulgated to carry out this subsection), the contrac-
tor will not place the employee with any other em-
ployer unless such other employer has executed an
attestation that the employer is complying and will
continue to comply with the requirements of clause
(i) in the same manner as they apply to the job con-
tractor.
‘‘(iii) For purposes of this subparagraph, the
term ‘laid off’, with respect to an employee—
‘‘(I) means the employee’s loss of employ-
ment, other than a discharge for cause, vol-
untary departure, or retirement, and
‘‘(II) does not include any situation in
which the employee involved is offered a similar
job opportunity with the same employer carry-
ing similar compensation and benefits as the
position from which the employee was laid off,
regardless of whether or not the employee ac-
cepts the offer.’’.
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(2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended by adding at the end the following new subpara-
graph:
‘‘(F) Under regulations of the Secretary, the previous
provisions of this paragraph shall apply to complaints re-
specting a failure of an other employer to comply with an
attestation described in paragraph (1)(E)(ii) in the same
manner that they apply to complaints of a petitioner with
respect to a failure to comply with a condition described
in paragraph (1)(E)(i).’’.
(3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is
amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.
(d) COMPUTATION OF PREVAILING WAGE LEVEL.—
Section 212(n) (8 U.S.C. 1182(n)) is amended by adding
at the end the following new paragraph:
‘‘(3) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes
of
paragraph
(1)(A)(i)(II)
and
subsection
(a)(5)(A) in the case of an employee of an institution of
higher education (as defined in section 1201(a) of the
Higher Education Act of 1965), or a related or affiliated
nonprofit entity, the prevailing wage level shall only take
into account employees at such institutions and entities
in the area of employment.’’.
(e) EFFECTIVE DATES.—
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(1) Except as otherwise provided in this sub-
section, the amendments made by this section shall
take effect on the date of the enactment of this Act
and shall apply to applications filed with the Sec-
retary of Labor on or after 30 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (b)(3)
shall apply to complaints filed, and to investigations
or hearings initiated, on or after January 15, 1995.
SEC. 807. VALIDITY OF PERIOD OF VISAS.
(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS
TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is
amended by striking ‘‘four months’’ and inserting ‘‘six
months’’.
(b) AUTHORIZING APPLICATION
OF RECIPROCITY
RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES
AND PERMANENT RESIDENTS.—Such section is further
amended by inserting before the period at the end of the
third sentence the following: ‘‘; except that in the case of
aliens who are nationals of a foreign country and who ei-
ther are granted refugee status and firmly resettled in an-
other foreign country or are granted permanent residence
and residing in another foreign country, the Secretary of
State may prescribe the period of validity of such a visa
based upon the treatment granted by that other foreign
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country to alien refugees and permanent residents, respec-
tively, in the United States’’.
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN-
DIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State
and Related Agencies Appropriations Act, 1995 (Public
Law 103–317, 108 Stat. 1765), is amended—
(1) in paragraph (1), by inserting ‘‘pursuant to
section 301 of the Immigration Act of 1990 is not
required to depart from the United States and who’’
after ‘‘who’’ the first place it appears, and
(2) by adding at the end of paragraph (2) the
following: ‘‘For purposes of subparagraph (A), the
ground
of
inadmissibility
described
in
section
212(a)(9) shall not apply.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a)(1) shall apply to applications for adjust-
ment of status filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall
take effect on the title III–A effective date (as defined in
section 309(a)).
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SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS
FILES.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) is amended—
(1) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(2) by striking ‘‘Neither’’ and inserting ‘‘(A)
Except as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
(4) by striking the semicolon and inserting a
period;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;
(6) by inserting after subparagraph (B), as cre-
ated by the amendment made by paragraph (5), the
following:
‘‘(C) The Attorney General may authorize dis-
closure of information contained in the application of
the alien under this section to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated;
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
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closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
either an immediate risk to life or to national
security, or would be prosecutable as an aggra-
vated felony, but without regard to the length
of sentence that could be imposed on the appli-
cant; or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
(7) by adding at the end the following new sub-
paragraph:
‘‘(E) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the
following
information
contained
in
files
or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
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‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
permitting under paragraph (6)(B)’’ after ‘‘consent
of the alien’’;
(2) in paragraph (6)—
(A) by striking ‘‘Neither’’ and inserting
‘‘(A) Except as provided in subparagraph (B),
neither’’;
(B) by striking ‘‘Anyone’’ and inserting
the following:
‘‘(C) Anyone’’;
(C) by inserting after the first sentence the
following:
‘‘(B) The Attorney General may authorize dis-
closure of information contained in the application of
the alien to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated,
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‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the special agricultural worker application
was filed and such activity involves terrorist ac-
tivity or poses either an immediate risk to life
or to national security, or would be prosecutable
as an aggravated felony, but without regard to
the length of sentence that could be imposed on
the applicant, or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the
following
information
contained
in
files
or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
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‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL-
DREN OF MEMBERS OF THE ARMED SERV-
ICES.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(R),
(2) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; or’’, and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) an alien who is the spouse or child of a
another alien who is serving on active duty in the
Armed Forces of the United States during the pe-
riod in which the other alien is stationed in the
United States.’’.
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SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED
WITH BIRTH CERTIFICATES.
Section 141 of the Immigration Act of 1990 is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (1),
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(3) transmit to Congress, not later than Janu-
ary 1, 1997, a report containing recommendations
(consistent with subsection (c)(3)) of methods of re-
ducing or eliminating the fraudulent use of birth
certificates for the purpose of obtaining other iden-
tity documents that may be used in securing immi-
gration, employment, or other benefits.’’; and
(2) by adding at the end of subsection (c) the
following new paragraph:
‘‘(3) FOR REPORT ON REDUCING BIRTH CER-
TIFICATE FRAUD.—In the report described in sub-
section (b)(3), the Commission shall consider and
analyze the feasibility of—
‘‘(A) establishing national standards for
counterfeit-resistant birth certificates, and
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‘‘(B) limiting the issuance of official copies
of a birth certificate of an individual to anyone
other than the individual or others acting on
behalf of the individual.’’.
SEC. 812. UNIFORM VITAL STATISTICS.
(a) PILOT PROGRAM.—The Secretary of Health and
Human Services shall consult with the State agency re-
sponsible for registration and certification of births and
deaths and, within 3 years of the date of enactment of
this Act, shall establish a pilot program for 3 of the 5
States with the largest number of undocumented aliens
of an electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of such
States, or of aliens within such States, by any Federal
or State agency or official in the performance of official
duties. The Secretary and participating State agencies
shall institute measures to achieve uniform and accurate
reporting of vital statistics into the pilot program network,
to protect the integrity of the registration and certification
process, and to prevent fraud against the Government and
other persons through the use of false birth or death cer-
tificates.
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(b) REPORT.—Not later than 180 days after the es-
tablishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with rec-
ommendations on how the pilot program could effectively
be instituted as a national network for the United States.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1996 and
for subsequent fiscal years such sums as may be necessary
to carry out this section.
SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL
GOVERNMENT AGENCIES, AND THE IMMIGRA-
TION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal,
State, or local law, no State or local government entity
shall prohibit, or in any way restrict, any government en-
tity or any official within its jurisdiction from sending to
or receiving from the Immigration and Naturalization
Service information regarding the immigration status,
lawful or unlawful, or an alien in the United States.
SEC. 814. CRIMINAL ALIEN REIMBURSEMENT COSTS.
Amounts appropriated to carry out section 501 of the
Immigration and Reform Act of 1986 for fiscal year 1995
shall be available to carry out section 242(j) of the Immi-
gration and Nationality Act in that fiscal year with respect
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to undocumented criminal aliens incarcerated under the
authority of political subdivisions of a State.
SEC. 815. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) AMENDMENTS RELATING TO PUBLIC LAW 103–
322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
ACT OF 1994).—
(1) Section 60024(1)(F) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103–322) (in this subsection referred to as
‘‘VCCLEA’’)
is
amended
by
inserting
‘‘United
States Code,’’ after ‘‘title 18,’’.
(2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as
amended
by
section
60024(2)
of
VCCLEA,
is
amended by striking the first period after ‘‘both’’.
(3)
Section
130003(b)(3)
of
VCCLEA
is
amended by striking ‘‘Naturalization’’ and inserting
‘‘Nationality’’.
(4)(A) Section 214 (8 U.S.C. 1184) is amended
by redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the
subsection (k), added by section 220(b) of the Immi-
gration and Nationality Technical Amendments Act
of 1994 (Public Law 103–416, 108 Stat. 4319), as
subsections (k) and (l), respectively.
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(B)
Section
101(a)(15)(S)
(8
U.S.C.
1101(a)(15)(S)) is amended by striking ‘‘214(j)’’
and inserting ‘‘214(k)’’.
(5)(A) Section 245 (8 U.S.C. 1255) is amended
by redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B)
Section
241(a)(2)(A)(i)(I)
(8
U.S.C.
1251(a)(2)(A)(i)(I)),
as
amended
by
section
130003(d) of VCCLEA and before redesignation by
section 305(2), is amended by striking ‘‘245(i)’’ and
inserting ‘‘245(j)’’.
(6) Section 245(i)(3), as added by section
130003(c)(1) of VCCLEA, is amended by striking
‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph
(1) or (2)’’.
(7) Section 130007(a) of VCCLEA is amended
by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.
(8) The amendments made by this subsection
shall be effective as if included in the enactment of
the VCCLEA.
(b) AMENDMENTS RELATING TO IMMIGRATION AND
NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—
(1) Section 101(d) of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
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Law 103–416) (in this subsection referred to as
‘‘INTCA’’) is amended—
(A) by striking ‘‘APPLICATION’’ and all
that follows through ‘‘This’’ and inserting ‘‘AP-
PLICABILITY
OF
TRANSMISSION
REQUIRE-
MENTS.—This’’;
(B) by striking ‘‘any residency or other re-
tention requirements for’’ and inserting ‘‘the
application of any provision of law relating to
residence or physical presence in the United
States for purposes of transmitting United
States’’; and
(C) by striking ‘‘as in effect’’ and all that
follows through the end and inserting ‘‘to any
person whose claim is based on the amendment
made by subsection (a) or through whom such
a claim is derived.’’.
(2) Section 102 of INTCA is amended by add-
ing at the end the following new subsection:
‘‘(e) TRANSITION.—In applying the amendment made
by subsection (a) to children born before November 14,
1986, any reference in the matter inserted by such amend-
ment to ‘five years, at least two of which’ is deemed a
reference to ‘10 years, at least 5 of which’.’’.
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(3) Section 351(a) (8 U.S.C. 1483(a)), as
amended by section 105(a)(2)(A) of INTCA, is
amended by striking the comma after ‘‘nationality’’.
(4) Section 207(2) of INTCA is amended by in-
serting a comma after ‘‘specified’’.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))
is amended—
(A) in subparagraph (K)(ii), by striking
the comma after ‘‘1588’’, and
(B) in subparagraph (O), by striking ‘‘sus-
picion’’ and inserting ‘‘suspension’’.
(6) Section 273(b) (8 U.S.C. 1323(b)), as
amended by section 209(a) of INTCA, is amended
by striking ‘‘remain’’ and inserting ‘‘remains’’.
(7) Section 209(a)(1) of INTCA is amended by
striking ‘‘$3000’’ and inserting ‘‘$3,000’’.
(8) Section 209(b) of INTCA is amended by
striking ‘‘subsection’’ and inserting ‘‘section’’.
(9)
Section
217(f)
(8
U.S.C.
1187(f)),
as
amended by section 210 of INTCA, is amended by
adding a period at the end.
(10) Section 219(cc) of INTCA is amended by
striking ‘‘ ‘year 1993 the first place it appears’ ’’
and inserting ‘‘ ‘year 1993’ the first place it ap-
pears’’.
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(11) Section 219(ee) of INTCA is amended by
adding at the end the following new paragraph:
‘‘(3) The amendments made by this subsection shall
take effect on the date of the enactment of this Act.’’.
(12) Paragraphs (4) and (6) of section 286(r)
(8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’
before ‘‘Fund’’ each place it appears.
(13) Section 221 of INTCA is amended—
(A) by striking each semicolon and insert-
ing a comma,
(B) by striking ‘‘disasters.’’ and inserting
‘‘disasters,’’, and
(C) by striking ‘‘The official’’ and inserting
‘‘the official’’.
(14) Section 242A (8 U.S.C. 1252a), as added
by section 224(a) of INTCA and before redesigna-
tion as section 238 by section 308(b)(6), is amended
by redesignating subsection (d) as subsection (c).
(15) Section 225 of INTCA is amended—
(A) by striking ‘‘section 242(i)’’ and in-
serting ‘‘sections 242(i) and 242A’’, and
(B)
by
inserting
‘‘,
1252a’’
after
‘‘1252(i)’’.
(16) Except as otherwise provided in this sub-
section, the amendments made by this subsection
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(4) Pursuant to section 6(b) of Public Law
103–272 (108 Stat. 1378)—
(A)
section
214(f)(1)
(8
U.S.C.
1184(f)(1)) is amended by striking ‘‘section
101(3) of the Federal Aviation Act of 1958’’
and inserting ‘‘section 40102(a)(2) of title 49,
United States Code’’; and
(B)
section
258(b)(2)
(8
U.S.C.
1288(b)(2)) is amended by striking ‘‘section
105 or 106 of the Hazardous Materials Trans-
portation Act (49 U.S.C. App. 1804, 1805’’ and
inserting ‘‘section 5103(b), 5104, 5106, 5107,
or 5110 of title 49, United States Code’’.
(5)
Section
286(h)(1)(A)
(8
U.S.C.
1356(h)(1)(A)) is amended by inserting a period
after ‘‘expended’’.
(6)
Section
286(h)(2)(A)
(8
U.S.C.
1356(h)(2)(A)) is amended—
(A) by striking ‘‘and’’ at the end of clause
(iv),
(B) by moving clauses (v) and (vi) 2 ems
to the left,
(C) by striking ‘‘; and’’ in clauses (v) and
(vi) and inserting ‘‘and for’’,
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(D) by striking the colons in clauses (v)
and (vi), and
(E) by striking the period at the end of
clause (v) and inserting ‘‘; and’’.
(7)
Section
412(b)
(8
U.S.C.
1522(b))
is
amended by striking the comma after ‘‘is author-
ized’’ in paragraph (3) and after ‘‘The Secretary’’ in
paragraph (4).
(e) MISCELLANEOUS CHANGE IN THE IMMIGRATION
ACT OF 1990.—Section 161(c)(3) of the Immigration Act
of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of
an’’.
(f) MISCELLANEOUS CHANGES IN OTHER ACTS.—
(1) Section 506(a) of the Intelligence Author-
ization Act, Fiscal Year 1990 (Public Law 101–193)
is amended by striking ‘‘this section’’ and inserting
‘‘such section’’.
(2) Section 140 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995, as
amended by section 505(2) of Public Law 103–317,
is amended—
(A) by moving the indentation of sub-
sections (f) and (g) 2 ems to the left, and
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(B) in subsection (g), by striking ‘‘(g)’’
and all that follows through ‘‘shall’’ and insert-
ing ‘‘(g) Subsections (d) and (e) shall’’.
Subtitle B—Guest Worker
Visitation Program
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ‘‘Tem-
porary Agricultural Worker Amendments of
1996’’.
SEC. 822. NEW NONIMMIGRANT H–2B CATEGORY FOR TEM-
PORARY AGRICULTURAL WORKERS.
(a) ESTABLISHMENT
OF
NEW
CLASSIFICA-
TION.—Section 
101(a)(15)(H)(ii) 
(8 
U.S.C.
1101(a)(15)(H)(ii)) is amended by striking ‘‘or
(b)’’ and inserting ‘‘(b) having a residence in
a foreign country which he has no intention
of abandoning who is coming temporarily to
the United States pursuant to section 218A to
perform such agricultural labor or services of
a temporary or seasonal nature, or (c)’’.
(b) NO FAMILY MEMBERS PERMITTED.—Sec-
tion 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is
amended by striking ‘‘specified in this para-
graph’’ and inserting ‘‘specified in this sub-
paragraph (other than in clause (ii)(b))’’.
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(c) DISQUALIFICATION
IF
CONVICTED
OF
OWNERSHIP OR OPERATION OF A MOTOR VEHICLE
IN UNITED STATES WITHOUT INSURANCE.—Sec-
tion 214 (8 U.S.C. 1184) is amended by adding
at the end the following:
‘‘(l)(1) An alien may not be admitted (or
provided status) as a temporary worker under
section 101(a)(15)(H)(ii)(b) if the alien (after
the date of the enactment of this subsection)
has been convicted of owning (or knowingly
operating) a motor vehicle in the United
States without having liability insurance that
meets applicable insurance requirements of
the State in which the alien is employed or in
which the vehicle is registered.
‘‘(2) An alien who is admitted or provided
status as such a worker who is so convicted
shall be considered, on and after the date of
the conviction and for purposes of section
241(a)(1)(C), to have failed to comply with a
condition for the maintenance of status under
section 101(a)(15)(H)(ii)(b).’’
(d) 
CONFORMING
REDESIGNATION.—Sub-
sections (c)(5)(A) and (g)(1)(B) of section 214
(8 U.S.C. 1184) are each amended by striking
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‘‘101(a)(15)(H)(ii)(b)’’ 
and 
inserting
‘‘101(a)(15)(H)(ii)(c)’’.
SEC. 
823. 
ALTERNATIVE 
AGRICULTURAL 
TEMPORARY
WORKER PROCESS USING ATTESTATIONS.
(a) IN GENERAL.—The Immigration and Na-
tionality Act is amended by inserting after
section 218 the following:
‘‘ALTERNATIVE AGRICULTURAL TEMPORARY
WORKER PROGRAM
‘‘SEC. 218A. (a) CONDITION FOR THE EMPLOY-
MENT OF H–2B ALIENS.—
‘‘(1) IN GENERAL.—No alien may be ad-
mitted or provided status as an H–2B
alien (as defined in subsection (n)(4)) un-
less—
‘‘(A) the employment of the alien
is covered by a currently valid labor
condition attestation which—
‘‘(i) is filed by the employer,
or by an association on behalf of
the employer, for the occupation
in which the alien will be em-
ployed;
‘‘(ii) has been accepted by the
qualified State employment secu-
rity agency having jurisdiction
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for which discrimination is prohib-
ited by the law and all workers in the
covered occupation receive at least
the prevailing wage.
‘‘(B) PAYMENT OF QUALIFIED STATE
EMPLOYMENT SECURITY AGENCY DETER-
MINED
WAGE
SUFFICIENT.—The 
em-
ployer may request and obtain a pre-
vailing wage determination from the
qualified State employment security
agency. If the employer requests such
a determination, and pays the wage
determined, such payment shall be
considered sufficient to meet the re-
quirement of this paragraph if the H–
2B workers—
‘‘(i) are employed in the occu-
pation for which the employer
possesses an accepted labor con-
dition attestation, and for which
the employer or association pos-
sesses a prevailing wage deter-
mination by the qualified State
employment security agency, and