\ publaw \ Pub. L. 105-277 Omnibus Consolidated Appropriations
Previous Document Next Document
Pub. L. 105-277
Omnibus Consolidated Appropriations
105th Congress
October 21, 1998
___________________
112 Stat. 2681
An Act
NOTE:
The Omnibus Consolidated Appropriations (OCA) contained on INSERTS has been streamlined to include selected titles relating to immigration funding, amendments to the Immigration and Nationality Act, and any new immigration related requirements such as the
Haitian Refugee Immigration Fairness Act of 1998
, and the
American Competiveness and Workforce Improvement Act
. Since the formatting of the OCA is very difficult to follow, we developed our own table of contents to make it easier to access information in the OCA.
TABLE OF CONTENTS
Immigration and Naturalization Service, Salaries and Expenses
Enforcement and Border Affairs
Citizenship and Benefits, Immigration Support and Program Direction
Violent Crime Reduction Programs
Construction
TITLE II
--
Department of Commerce and Related Agencies Office of the United States Trade Representative, Operations and Administration
TITLE IV
--
Department of State and Related Agencies, General provisions
SEC. 410
Fees for Machine Readable Border Crossing Card/Non-Immigrant Visa
TITLE VII
--
Recessions, INS Immigration Emergency Fund International Narcotics Control and Law Enforcement Migration and Refugee Assistance United States Emergency Refugee and Migration Assistance Fund
Title I
--
Department of Labor, Training and Employment Services
Title II
--
Department of Health and Human Services, Health Resources and Services; Disease Control, Research & Training Refugee and Entrant Assistance Children and Families Services Programs
TITLE VI
--
GENERAL PROVISIONS, DEPARTMENTS AGENCIES, AND CORPORATIONS
TITLE IX
--
HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998
SEC. 902
Adjustment of Status of Certain Haitian Nationals
SEC. 903
Collection of Data on Detained Asylum Seekers
SEC. 904
Collection of Data on Other Detained Aliens
DIVISION B
-- EMERGENCY SUPPLEMENTAL APPROPRIATIONS
TITLE V
--
COUNTER-DRUG ACTIVITIES AND INTERDICTION DRUG ENFORCEMENT ADMINISTRATION, SALARIES AND EXPENSES SALARIES AND EXPENSES, ENFORCEMENT AND BORDER AFFAIRS
TITLE IV
--
AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
SEC. 401
Short Title; Table of Contents; Amendments to Immigration and Nationality Act
SEC. 411
Temporary Increase in Access to Temporary Skilled Personnel Under H-1B Program
SEC. 412
Protection Against Displacement of United States Workers in Case of H-1B-Dependent Employers
SEC. 413
Changes in Enforcement and Penalties
SEC. 414
Collection and Use of H-1B Nonimmigrant Fees for Scholarships for Low-Income Math, Engineering, and Computer Science Students and Job Training of United States Workers
SEC. 415
Computation of Prevailing Wage Level
SEC. 416
Improving Count of H-1B and H-2B Nonimmigrants
SEC. 417
Report on Older Workers in the Information Technology Field
SEC. 418
Report on High Technology Labor Market Needs; Reports on Economic Impact of Increase in H-1B Nonimmigrants
SEC. 421
Special Immigrant Status for Certain NATO Civilian Employees
SEC. 852
Funding for Computer Software and Hardware to Facilitate Direct Communication Between Drug Enforcement Agencies
DIVISION G
--
FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
TITLE XXII
--
DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 2217
Reports and Policy Concerning Diplomatic Immunity
SEC. 2225
Denial of Visas to Confiscators of American Property
SEC. 2226
Inadmissibility of any Alien Supporting an International Child Abductor
SEC. 2241
United States Policy Regarding the Involuntary Return of Refugees
SEC. 2242
United States Policy with Respect to the Involuntary Return of Persons in Danger of Subjection to Torture
SEC. 2243
Reprogramming of Migration and Refugee Assistance Funds
SEC. 2245
Reports to Congress Concerning Cuban Emigration Policies
SEC. 103
Civil Liability of the United States
TITLE II
--
PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES
TITLE I
--
Department of Justice General Administration, Salaries and Expenses
TITLE VII
--
RECESSIONS, INS Immigration Emergency Fund (Recission) PROVISIONS NOT ADOPTED BY THE CONFEREES REIMBURSEMENT REQUIREMENTS FOR FOREIGN STUDENTS TRAFFICKING IN WOMEN AND CHILDREN
TITLE I
--
DEPARTMENT OF THE INTERIOR ASSISTANCE TO TERRITORIES STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
TITLE II
--
DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE AND ENTRANT ASSISTANCE
TITLE IX
--
HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998
TITLE V
--
COUNTER-DRUG ACTIVITIES AND INTERDICTION
Chapter 2
,
Drug Enforcement Administration, Salaries and Expenses INS Salaries and Expenses, Enforcement and Border Affairs
DIVISION A -- OMNIBUS CONSOLIDATED APPROPRIATIONS
TITLE I--DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
(H11059)
For expenses necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, as follows:
ENFORCEMENT AND BORDER AFFAIRS
For salaries and expenses for the Border Patrol program, the detention and deportation program, the intelligence program, the investigations program, and the inspections program, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; purchase for police-type use (not to exceed 3,855 passenger motor vehicles, of which 2,535 are for replacement only), witho
ut regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; research related to immigration enforcement; for protecting and maintaining the integrity of the borders of the United States including, without limitation, equipping, maintaining, and making improvements to the infrastructure; and for the care and housing of Federal detainees held in the joint Immigration and Naturalization Service
and United States Marshals Service's Buffalo Detention Facility, $1,069,754,000, of which not to exceed $400,000 for research shall remain available until expended; of which not to exceed $10,000,000 shall be available for costs associated with the training program for basic officer training, and $5,000,000 is for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration; and of whic
h not to exceed $5,000,000 is to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 1999: Provided further, That uniforms may be purchased without regard to the general purchase price limitation for th
e current fiscal year: Provided further, That none of the funds provided in this or any other Act shall be used for the continued operation of the San Clemente and Temecula checkpoints unless the checkpoints are open and traffic is being checked on a continuous 24-hour basis.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM DIRECTION
For all programs of the Immigration and Naturalization Service not included under the heading "Enforcement and Border Affairs", $552,083,000: Provided, That not to exceed $5,000 shall be available for official reception and representation expenses: Provided further, That the Attorney General may transfer any funds appropriated under this heading and the heading "Enforcement and Border Affairs" between said appropriations notwithstanding any percentage transfer limitations imposed under this appropriation
Act and may direct such fees as are collected by the Immigration and Naturalization Service to the activities funded under this heading and the heading "Enforcement and Border Affairs" for performance of the functions for which the fees legally may be expended: Provided further, That not to exceed 43 permanent positions and 43 full-time equivalent workyears and $4,284,000 shall be expended for the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned office
s shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or non-reimbursable basis, or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis: Provided further, That the number of positions filled through non-career appointment at the Immigration and Naturalization Service, for which funding is provided in this Act or is otherwise made available to the Immigration and Naturalization Servic
e, shall not exceed 4 permanent positions and 4 full-time equivalent workyears: Provided further, That funds may be used, without limitation, for equipping, maintaining, and making improvements to the infrastructure and the purchase of vehicles for police type use within the limits of the Enforcement and Border Affairs appropriation: Provided further, That, notwithstanding any other provision of law, during fiscal year 1999, the Attorney General is authorized and directed to impose disciplinary action, in
cluding termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, for any employee of the Immigration and Naturalization Service who violates policies and procedures set forth by the Department of Justice relative to the granting of citizenship or who willfully deceives the Congress or department leadership on any matter.
VIOLENT CRIME REDUCTION PROGRAMS
In addition, $842,490,000, for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund: Provided, That the Attorney General may use the transfer authority provided under the heading "Citizenship and Benefits, Immigration Support and Program Direction" to provide funds to any program of the Immigration and Naturalization Service that heretofore has been funded by the Violent Crime Reduction Trust Fund.
CONSTRUCTION
For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, not otherwise provided for, $90,000,000, to remain available until expended: Provided, That no funds shall be available for the site acquisition, design, or construction of any Border Patrol checkpoint in the Tucson sector.
GENERAL PROVISIONS -- DEPARTMENT OF JUSTICE
Sec. 103
of TITLE I of Pub. L. 105-277, in-part
(f)
Sanctions for Unauthorized Disclosure of United States Confidential Business Information.—The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after the date of enactment of this Act—
(1)
is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure havi
ng resulted in financial loses or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this Act;
(2)
traffics in United States confidential business information, a proven claim to which is owned by a United States national;
(3)
is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or
(4)
is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3)
.
(g)
United States Confidential Business Information Defined.—In this section, the term “United States confidential business information” means any trade secrets or commercial or financial information that is privileged and confidential—
(1) including—
(A)
data described in section 304(e)(2) of this Act,
(B)
any chemical structure,
(C)
any plant design process, technology, or operating method,
(D)
any operating requirement, input, or result that
identifies any type or quantity of chemicals used, processed, or produced, or (E)
any commercial sale, shipment, or use of a chemical, or
(2)as described in section 552(b)(4) of title 5, United States Code, and that is obtained—
(i)
from a United States person; or
(ii)
through the United States Government or the conduct of an inspection on United States territory under the Convention.
(H11062)
SEC. 109. (a) Section 3201 of the Crime Control Act of 1990 (28 U.S.C. 509 note) is amended to read as follows--
Appropriations in this or any other Act hereafter for the Federal Bureau of Investigation, the Drug Enforcement Administration, or the Immigration and Naturalization Service are available, in an amount of not to exceed $25,000 each per fiscal year, to pay humanitarian expenses incurred by or for any employee thereof (or any member of the employee's immediate family) that results from or is incident to serious illness, serious injury, or death occurring to the employee while on official duty or business.A
(b) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
SEC. 110. Any amounts credited to the "Legalization Account" established under section 245(c)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the "Examinations Fee Account" established under section 286(m) of that Act (8 U.S.C. 1356(m)).
SEC. 114. Section 286(e)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting "State" and a comma immediately before "territory".
SEC. 116. Section 110(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
(1) in the matter preceding paragraph (1), by striking "later than" and all that follows through Attorney and inserting "later than October 15, 1998 (and not later than March 30, 2001, in the case of land border ports of entry and sea ports), the Attorney";
(2) in paragraph (1), by striking "and" at the end;
(3) in paragraph (2), by striking the period at the end and inserting "; and"; and
(4) by adding at the end the following:
"(3) not significantly disrupt trade, tourism, or other legitimate cross-border traffic at land border ports of entry."
(H11063)
SEC. 121. FIREARMS. Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and inserting the following:
"(5) who, being an alien--
"(A) is illegally or unlawfully in the United States; or
"(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));"
(2) in subsection (g), by striking paragraph (5) and inserting the following:
"(5) who, being an alien--
"(A) is illegally or unlawfully in the United States; or
"(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));"
(3) in subsection (s)(3)(B), by striking clause (v) and inserting the following:
"(v) is not an alien who--
"(I) is illegally or unlawfully in the United States; or
"(II) subject to subsection (y)(2), has been admitted to the United States under a
nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));" and
(4) by inserting after subsection (x) the following:
"(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.--
"(1) DEFINITIONS. -- In this subsection--
"(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and
"(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).
"(2) EXCEPTIONS. -- Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is--
"(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
"(B) an official representative of a foreign government who is--
"(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or
"(ii) en route to or from another country to which that alien is accredited;
"(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
"(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
"(3) WAIVER.--
"(A) CONDITIONS FOR WAIVER. -- Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if--
"(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and
"(ii) the Attorney General approves the petition.
"(B) PETITION. -- Each petition under subparagraph (B) shall--
"(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and
"(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).
"(C) APPROVAL OF PETITION. -- The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner--
"(i) would be in the interests of justice; and
"(ii) would not jeopardize the public safety.A
SEC. 128. (a) The numerical limitation set forth in section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a United States Government employee, employee of a nongovernmental organization based in the United States, or other Iraqi national who was moved to Guam by the United States Government in 1996 or 1997 pursuant to an arrangement made by the United States Government, and who was granted asylum in the United States under section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)).
(H11064)
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement;
payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitatio
n otherwise established by law, $52,331,000 to remain available until expended, of which $1,877,000 shall be for inspections and other activities related to national security: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services p
rovided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments: Provided further, That no funds may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite
components) to the People's Republic of China, unless, at least 15 days in advance, the Committees on Appropriations of the House and the Senate and other appropriate Committees of the Congress are notified of such proposed action.
TITLE IV -- DEPARTMENT OF STATE AND RELATED AGENCIES
GENERAL PROVISIONS -- DEPARTMENT OF STATE AND RELATED AGENCIES
(H11071)
SEC. 410. (a)(1)(A) Notwithstanding any other provision of law and subject to subparagraph (B), the Secretary of State and the Attorney General shall impose, for the processing of any application for the issuance of a machine readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act, a fee of $13 (for recovery of the costs of manufacturing the combined card and visa) in the case of any alien under 15 years of age where the application for
the machine readable combined border crossing card and nonimmigrant visa is made in Mexico by a citizen of Mexico who has at least one parent or guardian who has a visa under such section or is applying for a machine readable combined border crossing card and nonimmigrant visa under such section as well.
(B) The Secretary of State and the Attorney General may not commence implementation of the requirement in subparagraph (A) until the later of--
(i) the date that is 6 months after the date of enactment of this Act; or
(ii) the date on which the Secretary sets the amount of the fee or surcharge in accordance with paragraph (3).
(2)
(A) Except as provided in subparagraph (B), if the fee for a machine readable combined border crossing card and nonimmigrant visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act has been reduced under paragraph (1) for a child under 15 years of age, the machine readable combined border crossing card and nonimmigrant visa shall be issued to expire on the earlier of--
(i) the date on which the child attains the age of 15; or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien under 15 years of age otherwise covered by subparagraph (A), the Secretary of State and the Attorney General may charge the non-reduced fee for the processing of an application for the issuance of a machine readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act provided that the machine readable combined border crossing card and nonimmigrant visa is issued to expire as of the sa
me date as is usually provided for visas issued under that section.
(3) Notwithstanding any other provision of law, the Secretary of State shall set the amount of the fee or surcharge authorized pursuant to section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the processing of machine readable nonimmigrant visas and machine readable combined border crossing cards and nonimmigrant visas at a level that will ensure the full recovery by the Department of State of the costs of processing such machine
readable nonimmigrant visas and machine readable combined border crossing cards and nonimmigrant visas, including the costs of processing the machine readable combined border crossing cards and nonimmigrant visas for which the fee is reduced pursuant to this subsection.
(b) The Secretary of State shall continue, until the date that is 5 years after the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.), to process applications for visas under section 101(a)(15)(B) of the Immigration and Nationality Act at the following cities in Mexico located near the international border with the United States: Nogales, Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
(c) Section 104(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking "3 years" and inserting "5 years".
SEC. 411. Funds appropriated by this Act for the United States Information Agency, the Arms Control and Disarmament Agency, and the Department of State may be obligated and expended notwithstanding section 701 of the United States Information and Educational Exchange Act of 1948 and section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, section 53 of the Arms Control and Disarmament Act, and section 15 of the State Department Basic Authorities Act of 1956.
This title may be cited as the "Department of State and Related Agencies Appropriations Act, 1999".
(H11074)
TITLE VI--GENERAL PROVISIONS
SEC. 616. (a) None of the funds appropriated or otherwise 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 alleged to have ordered, carried out, or materially assisted 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 Command during the period 1991 through 1994, and has been credibly alleged to have planned, ordered, or participated with members of the Haitian Armed Forces in--
(A) the September 1991 coup against any person who was a duly elected government official 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 otherwise be excluded under this section is necessary for medical reasons or such person has cooperated fully with the investigation of these political murders. If the Secretary of State exempts any such person, the Secretary shall notify the appropriate 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 provided under paragraph (1) to the appropriate congressional committees not later than 3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate 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 political killings and has not prosecuted those implicated for the killings specified in paragraph (1) of subsection (a).
(d) DEFINITION.--In this section, the term "appropriate congressional committees" means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
IMMIGRATION AND NATURALIZATION SERVICE
IMMIGRATION EMERGENCY FUND
(RESCISSION)
(H11075)
Of the unobligated balances available under this heading, $5,000,000 are rescinded.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(H11087)
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $261,000,000: Provided, That none of the funds under this heading may be made available to establish or operate an International Law Enforcement Academy for the Western Hemisphere outside the United States: Provided further, That in addition to any funds previously made available for an International Law Enforcement Academy for the Western Hemisphere, not less than $5,000,000 should be made available to establish and ope
rate the International Law Enforcement Academy for the Western Hemisphere at the deBremond Training Center in Roswell, New Mexico: Provided further, That during fiscal year 1999, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under chapter 8 of part I of that Act subject to the regular not
ification procedures of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as author
ized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $640,000,000: Provided, That not more than $13,000,000 shall be available for administrative expenses: Provided further, That not less than $70,000,000 shall be made available for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $30,000,000, to remain available until expended: Provided, That the funds made available under this heading are appropriated notwithstanding the provisions contained in section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would limit the amount of funds which could be appropriated for this purpose.
TITLE I--DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(H11135)
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $162,097,000, together with not to exceed $3,132,076,000 (including not to exceed $1,228,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980), which may be expended from the Employment Security Administration account in the Unemployment Trust Fund including the cost of administering section 1201 of the Small Business Job Protection Act of 1996, section 7(d) of the Wag
ner-Peyser Act, as amended, section 461 of the Job Training Partnership Act, the Trade Act of 1974, as amended, the Immigration Act of 1990, and the Immigration and Nationality Act, as amended, and of which the sums available in the allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502-504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, shall be available for obligation by the States throu
gh December 31, 1999, except that funds used for automation acquisitions shall be available for obligation by the States through September 30, 2001; and of which $162,097,000, together with not to exceed $746,138,000 of the amount which may be expended from said trust fund, shall be available for obligation for the period July 1, 1999 through June 30, 2000, to fund activities under the Act of June 6, 1933, as amended, including the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made available
to States in lieu of allotments for such purpose, and of which $180,933,000 shall be available only to the extent necessary for additional State allocations to administer unemployment compensation laws to finance increases in the number of unemployment insurance claims filed and claims paid or changes in a State law: Provided, That to the extent that the Average Weekly Insured Unemployment (AWIU) for fiscal year 1999 is projected by the Department of Labor to exceed 2,629,000, an additional $28,600,000 sha
ll be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) from the Employment Security Administration Account of the Unemployment Trust Fund: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center network may be obligated in contracts, grants or agreements with non-State entities: Provided further, That funds appropriated under this Act for activities authorized un
der the Wagner-Peyser Act, as amended, and title III of the Social Security Act, may be used by the States to fund integrated Employment Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A-87.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
DISEASE CONTROL, RESEARCH, AND TRAINING
(H11137)
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, sections 20, 21 and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $2,558,5
20,000, of which $17,800,000 shall remain available until expended for equipment and construction and renovation of facilities, and in addition, such sums as may be derived from authorized user fees, which shall be credited to this account: Provided, That in addition to amounts provided herein, up to $67,793,000 shall be available from amounts available under section 241 of the Public Health Service Act, to carry out the National Center for Health Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control: Provided further, That the Director may redirect the total amount made available under authority of Public Law 101-502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be notified promptly of any such transfer: Provided further, That notwithstanding any other provision of law, a single con
tract or related contracts for the development and construction of the infectious disease laboratory through the General Services Administration may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ``availability of funds'' found at 48 CFR 52.232-18: Provided further, That hereinafter obligations may be incurred related to agreement with private entities without receipt of advance payment.
In addition, $51,000,000, to be derived from the Violent Crime Reduction Trust Fund, for carrying out sections 40151 and 40261 of Public Law 103-322.
REFUGEE AND ENTRANT ASSISTANCE
(H11139)
For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), $415,000,000: Provided, That funds appropriated pursuant to section 414(a) of the Immigration and Nationality Act under Public Law 104- 208 for fiscal year 1997 shall be available for the costs of assistance provided and other activities conducted in such year and in fiscal years 1998 and 1999.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act (including section 105(a)(2) of the Child Abuse Prevention and Treatment Act), the Native American Programs Act of 1974, title II of Public Law 95-266 (adoption opportunities), the Adoption and Safe Families Act of 1997 (Public Law 105-89), the Abandoned Infants Assistance Act of 1988, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the Social Security Act; for making payments under the Community Services Block Grant Act; and for necessary administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, sections 40155, 40211 and 40241
of Public Law 103-322 and section 126 and titles IV and V of Public Law 100-485, $6,032,087,000, of which $10,000,000 shall be used to establish Individual Development Accounts, for the purpose of encouraging low- income families and individuals to acquire productive assets, contingent upon enactment of authorizing legislation, and of which $20,000,000, to remain available until September 30, 2000, shall be for grants to States for adoption incentive payments, as authorized by section 473A of title IV of th
e Social Security Act (42 U.S.C. 670-679); of which $563,565,000 shall be for making payments under the Community Services Block Grant Act; and of which $4,660,000,000 shall be for making payments under the Head Start Act: Provided, That, notwithstanding section 640(a)(6), of the funds made available for the Head Start Act, $337,500,000 shall be set aside for the Head Start Program for Families with Infants and Toddlers (Early Head Start): Provided further, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible entity as provided under the Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes.
In addition, $105,000,000, to be derived from the Violent Crime Reduction Trust Fund for carrying out sections 40155, 40211 and 40241 of Public Law 103-322.
Funds appropriated for fiscal year 1999 under section 429A(e), part B of title IV of the Social Security Act shall be reduced by $6,000,000.
Funds appropriated for fiscal year 1999 under section 413(h)(1) of the Social Security Act shall be reduced by $15,000,000.
TITLE VII -- MISCELLANEOUS PROVISIONS
RATES OF PAY FOR PUBLIC BROADCASTING AND NATIONAL PUBLIC RADIO
(H11148)
SEC. 701. Section 396(k)(9) of Title 47, United States Code, is amended by striking "at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under 5312 of title 5, United States Code'' and inserting "in excess of reasonable compensation as determined pursuant to Section 4958 of the Internal Revenue Code for services that the officer or employee renders to organization'' after Compensated.''
SEC. 702. The amount of the DSH allotment for the State of Minnesota for fiscal year 1999, specified in the table under section 1923(f)(2) of the Social Security Act (as amended by section 4721(a)(1) of Public Law 105-33) is deemed to be $33,000,000.
SEC. 703. The amount of the DSH allotment for the State of New Mexico for fiscal year 1999, specified in the table under section 1923(f)(2) of the Social Security Act (as amended by section 4721(a)(1) of Public Law 105-33) is deemed to be $9,000,000.
SEC. 704. Notwithstanding section 1923(f)(2) of the Social Security Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 4721(a)(1) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 511), the amount of the DSH allotment for Wyoming for fiscal year 1999 is deemed to be $95,000.
SEC. 705. Extension of Certain Adjudication Provisions. -- The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking "1997 and 1998" and inserting "1997, 1998, and 1999"; and
(B) in subsection (e), by striking "October 1, 1998" each place it appears and inserting "October 1, 1999"; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking "September 30, 1998" and inserting "September 30, 1999".
TITLE VIII
-- READING EXCELLENCE ACT
SUBTITLE IV
-- TECHNICAL AND CONFORMING AMENDMENTS
SEC. 405. CONFORMING AMENDMENTS.
(H11155)
(a) REFERENCES TO SECTION 204 OF THE IMMIGRATION REFORM AND CONTROL ACT OF 1986. -- The table of contents for the Immigration Reform and Control Act of 1986 is amended by striking the item relating to section 204 of such Act.
(b) REFERENCES TO TITLE II OF PUBLIC LAW 95-250. -- Section 103 of Public Law 95-250 (16 U.S.C. 79l) is amended --
(1) by striking the second sentence of subsection (a); and
(2) by striking the second sentence of subsection (b).
(c) REFERENCES TO SUBTITLE C OF TITLE VII OF THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT. --
(1) TABLE OF CONTENTS RELATING TO SUBTITLE C OF TITLE VII. -- The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking the items relating to sections 731 through 737, and sections 739 through 741, of such Act.
(2) TITLE VII. -- Title VII of such Act is amended by inserting before section 738 the following:
"Subtitle C -- Job Training for the Homeless".
(3) TITLE 31, UNITED STATES CODE. -- Section 6703(a) of title 31, United States Code, is amended--
(A) by striking paragraph (15); and
(B) by redesignating paragraphs (16) through (19) as paragraphs (15) through (18), respectively.
(d) REFERENCES TO JOB TRAINING PARTNERSHIP ACT PRIOR TO REPEAL.--
(1) TITLE 5, UNITED STATES CODE.--Section 3502(d) of title 5, United States Code, is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking clause (i) and inserting the following:
"(i) the appropriate State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and"; and
(ii) in subparagraph (B)(iii), by striking "other services under the Job Training Partnership Act" and inserting "other services under the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998"; and
(B) in paragraph (4), in the second sentence, by striking "Secretary of Labor on matters relating to the Job Training Partnership Act" and inserting "Secretary of Labor on matters relating to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998".
(2) FOOD STAMP ACT OF 1977.--
(A) SECTION 5. -- Section 5(l) of the Food Stamp Act of 1977 (7 U.S.C. 2014(l)) is amended by striking "Notwithstanding section 142(b) of the Job Training Partnership Act (29 U.S.C. 1552(b)), earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or section 264(c)(1)(A) of the Job Training Partnership Act" and inserting "Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to indivi
duals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998''.
(B) SECTION 6. -- Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended--
(i) in subsection (d)(4)(M), by striking "the State public employment offices and agencies operating programs under the Job Training Partnership Act" and inserting "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998";
(ii) in subsection (e)(3), by striking subparagraph (A) and inserting the following:
"(A) a program under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;"; and
(iii) in subsection (o)(1)(A), by striking "Job Training Partnership Act (29 U.S.C. 1501 et seq.)" and inserting "Job Training Partnership Act or title I of the Workforce Investment Act of 1998".
(C) SECTION 17. -- The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended--
(i) by striking "to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812)," and inserting "to accept an offer of employment from a political subdivision or provider pursuant to a program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,"; and
(ii) by striking ": Provided, That all of the political subdivision's" and all that follows and inserting ", if all of the jobs supported under the program have been made available to participants in the program before the political subdivision or provider providing the jobs extends an offer of employment under this paragraph, and if the political subdivision or provider, in employing the person, complies with the requirements of Federal law that relate to the program."
(3) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.--
(A) Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking "Job Training Partnership Act" and inserting "Job Training Partnership Act or title I of the Workforce Investment Act of 1998".
(B) Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking "Job Training Partnership Act'' and inserting "Job Training Partnership Act or title I of the Workforce Investment Act of 1998".
(4) IMMIGRATION AND NATIONALITY ACT.--Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking "The Job Training Partnership Act." and inserting "The Job Training Partnership Act or title I of the Workforce Investment Act of 1998.".
(5) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.--Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking "the Comprehensive Employment and Training Act of 1973" and inserting "the Job Training Partnership Act or title I of the Workforce Investment Act of 1998".
"SUBTITLE VII--EDUCATION AND TRAINING".
(H11158)
(f) REFERENCES TO JOB TRAINING PARTNERSHIP ACT SUBSEQUENT TO REPEAL. --
(1) TITLE 5, UNITED STATES CODE. -- Section 3502(d) of title 5, United States Code, is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking clause (i) and inserting the following:
"(i) the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and"; and
(ii) in subparagraph (B)(iii), by striking "under the Job Training Partnership Act or"; and
(B) in paragraph (4), in the second sentence, by striking "the Job Training Partnership Act or".
(2) FOOD STAMP ACT OF 1977.--
(A) SECTION 5. -- Section 5(l) of the Food Stamp Act of 1977 (7 U.S.C. 2014(l)) is amended by striking "Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998" and inserting "Notwithstanding section 181(a)(2)
of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training under title I of the Workforce Investment Act of 1998"
(B) SECTION 6. -- Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended--
(i) in subsection (d)(4)(M), by striking "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of";
(ii) in subsection (e)(3), by striking subparagraph (A) and inserting the following:
"(A) a program under title I of the Workforce Investment Act of 1998;"; and
(iii) in subsection (o)(1)(A), by striking "Job Training Partnership Act or".
(C) SECTION 17. -- The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking "the Job Training Partnership Act or''.
(3) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996. --
(A) Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking "Job Training Partnership Act or".
(B) Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking "Job Training Partnership Act or".
(4) IMMIGRATION AND NATIONALITY ACT. -- Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking "The Job Training Partnership Act or title" and inserting "Title".
(5) REFUGEE EDUCATION ASSISTANCE ACT OF 1980. -- Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking "the Comprehensive Employment and Training Act of 1973" and inserting "the Job Training Partnership Act or".
TITLE VI--GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
(H11183)
SEC. 606. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person in the service of the United States on
the date of enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee pa
roled in the United States after January 1, 1975; or (6) is a national of the People's Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, o
r to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies.
(H11185)
SEC. 629. (1) Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy, the Secretary of the Treasury, and the Attorney General shall conduct a joint review of Federal efforts and submit to the appropriate congressional committees, including the Committees on Appropriations, a plan to improve coordination among the Federal agencies with responsibility to protect the borders against drug trafficking. The review shall also include considerat
ion of Federal agencies= coordination with State and local law enforcement agencies. The plan shall include an assessment and action plan, including the activities of the following departments and agencies:
(A)
Department of the Treasury;
(B)
Department of Justice;
(C)
United States Coast Guard;
(D)
Department of Defense;
(E)
Department of Transportation;
(F)
Department of State; and
(G)
Department of the Interior.
(2)
The purpose of the plan under paragraph (1) is to maximize the effectiveness of the border control efforts in achieving the objectives of the national drug control strategy in a manner that is also consistent with the goal of facilitating trade. In order to maximize the effectiveness, the plan shall:
(A) specify the methods used to enhance cooperation, planning and accountability among the Federal, State, and local agencies with responsibilities along the Southwest border;
(B) specify mechanisms to ensure cooperation among the agencies, including State and local agencies, with responsibilities along the Southwest border;
(C) identify new technologies that will be used in protecting the borders including conclusions regarding appropriate deployment of technology;
(D) identify new initiatives for infrastructure improvements;
(E) recommend reinforcements in terms of resources, technology and personnel necessary to ensure capacity to maintain appropriate inspections;
(F) integrate findings of the White House Intelligence Architecture Review into the plan; and
(G) make recommendations for strengthening the HIDTA program along the Southwest border.
TITLE IX -- HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998
(H11190)
SEC. 901. SHORT TITLE. This title may be cited as the "Haitian Refugee Immigration Fairness Act of 1998".
SEC. 902. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS. (a) ADJUSTMENT OF STATUS.--
(1) IN GENERAL. -- The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien--
(A) applies for such adjustment before April 1, 2000; and
(B) is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply.
(2) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS. -- An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If th
e Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS. -- The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who--
(1) was present in the United States on December 31, 1995, who --
(A) filed for asylum before December 31, 1995,
(B) was paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or
(C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who--
(i) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival,
(ii) became orphaned subsequent to arrival in the United States, or
(iii) was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and
(2) has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(c) STAY OF REMOVAL. --
(1) IN GENERAL. -- The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a).
(2) DURING CERTAIN PROCEEDINGS. -- Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application.
(3) WORK AUTHORIZATION. -- The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an "employment authorized" endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment.
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN. --
(1) IN GENERAL. -- The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if--
(A) the alien is a national of Haiti;
(B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that he or she has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is fil
ed;
(C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and
(D) the alien is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply.
(2) PROOF OF CONTINUOUS PRESENCE. -- For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW. -- The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to --
(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240 of such Act.
(f) LIMITATION ON JUDICIAL REVIEW. -- A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE. -- When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act.
(h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS. -- Except as otherwise specifically provided in this title, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this title shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, o
r naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.
(i) ADJUSTMENT OF STATUS HAS NO EFFECT ON ELIGIBILITY FOR WELFARE AND PUBLIC BENEFITS. -- No alien whose status has been adjusted in accordance with this section and who was not a qualified alien on the date of enactment of this Act may, solely on the basis of such adjusted status, be considered to be a qualified alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public L
aw 105-33; 111 Stat. 598), for purposes of determining the alien's eligibility for supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.).
(j) PERIOD OF APPLICABILITY. -- Subsection (i) shall not apply after October 1, 2003.
(k) Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter (until all applications for adjustment of status under this section have been finally adjudicated), the Comptroller General of the United States shall submit to the Committees on the Judiciary and the Committees on Appropriations of the United States House of Representatives and the United States Senate a report containing the following:
(1)(A) The number of aliens who applied for adjustment of status under subsection (a), including a breakdown specifying the number of such applicants who are described in subparagraph (A), (B), or (C) of subsection (b)(1), respectively.
(B) the number of aliens described in subparagraph (A) whose status was adjusted under this section, including a breakdown described in the subparagraph.
(2)(A) The number of aliens who applied for adjustment of status under subsection (d), including a breakdown specifying the number of such applicants who are sponsors, children, or unmarried sons or daughters described in such subsection, respectively.
(B) The number of aliens described in subparagraph (A) whose status was adjusted under this section, including a breakdown described in the subparagraph.
SEC. 903. COLLECTION OF DATA ON DETAINED ASYLUM SEEKERS.
(a) IN GENERAL. -- The Attorney General shall regularly collect data on a nation-wide basis with respect to asylum seekers in detention in the United States, including the following information:
(1) The number of detainees.
(2) An identification of the countries of origin of the detainees.
(3) The percentage of each gender within the total number of detainees.
(4) The number of detainees listed by each year of age of the detainees.
(5) The location of each detainee by detention facility.
(6) With respect to each facility where detainees are held, whether the facility is also used to detain criminals and whether any of the detainees are held in the same cells as criminals.
(7) The number and frequency of the transfers of detainees between detention facilities.
(8) The average length of detention and the number of detainees by category of the length of detention.
(9) The rate of release from detention of detainees for each district of the Immigration and Naturalization Service.
(10) A description of the disposition of cases.
(b) ANNUAL REPORTS. -- Beginning October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsection (a) for the fiscal year ending September 30 of that year.
(c) AVAILABILITY TO PUBLIC. -- Copies of the data collected under subsection (a) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe.
SEC. 904. COLLECTION OF DATA ON OTHER DETAINED ALIENS.
(a) IN GENERAL. -- The Attorney General shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service other than the aliens described in section 903, including the following information:
(1) The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum.
(2) An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1).
(3) The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or local facilities, in which each of the categories of detainees described in paragraph (1) are held.
(b) LENGTH OF DETENTION, TRANSFERS, AND DISPOSITIONS. -- With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning --
(1) the number and frequency of transfers between detention facilities for each category of detainee;
(2) the average length of detention of each category of detainee;
(3) for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments;
(4) for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and
(5) for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
(c) CRIMINAL ALIENS. -- With respect to criminal aliens, the Attorney General shall also collect data concerning--
(1) the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and
(2) a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
(d) ANNUAL REPORTS. -- Beginning on October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and (c) for the fiscal year ending September 30 of that year.
(e) AVAILABILITY TO PUBLIC. -- Copies of the data collected under subsections (a), (b), and (c) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe.
DIVISION B -- EMERGENCY SUPPLEMENTAL APPROPRIATIONS
TITLE V -- COUNTER-DRUG ACTIVITIES AND INTERDICTION
CHAPTER 2
DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
(H11201)
For an additional amount for "Salaries and Expenses", $10,200,000, to remain available until expended, of which the entire amount shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency r
equirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For an additional amount for Salaries and Expenses, Enforcement and Border Affairs, $10,000,000, to remain available until expended, of which the entire amount shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(H11217)
TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.
(a) SHORT TITLE. -- This title may be cited as the "American Competitiveness and Workforce Improvement Act of 1998."
(b) TABLE OF CONTENTS. -- The table of contents of this title is as follows:
SEC. 401
Short title; table of contents; amendments to Immigration and Nationality Act.
Subtitle A -- Provisions Relating to H-1B Nonimmigrants
SEC. 411
Temporary increase in access to temporary skilled personnel under H-1B program.
SEC. 412
Protection against displacement of United States workers in case of H-1B-dependent employers.
SEC. 413
Changes in enforcement and penalties.
SEC. 414
Collection and use of H-1B nonimmigrant fees for scholarships for low-income math, engineering, and computer science students and job training of United States workers.
SEC. 415
Computation of prevailing wage level.
SEC. 416
Improving count of H-1B and H-2B nonimmigrants.
SEC. 417
Report on older workers in the information technology field.
SEC. 418
Report on high technology labor market needs; reports on economic impact of increase in H-1B nonimmigrants.
Subtitle B -- Special Immigrant Status for Certain NATO Civilian Employees
SEC. 421
Special immigrant status for certain NATO civilian employees.
Subtitle C -- Miscellaneous Provision
(c) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. -- Except as otherwise specifically provided in this title, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SUBTITLE A -- PROVISIONS RELATING TO H-1B NONIMMIGRANTS
SEC. 411.
TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL UNDER H-1B PROGRAM.
(a) TEMPORARY INCREASE IN SKILLED NONIMMIGRANT WORKERS. -- Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as follows:
"(A) under section 101(a)(15)(H)(i)(b), may not exceed--
"(i) 65,000 in each fiscal year before fiscal year 1999;
"(ii) 115,000 in fiscal year 1999;
"(iii) 115,000 in fiscal year 2000;
"(iv) 107,500 in fiscal year 2001; and
"(v) 65,000 in each succeeding fiscal year; or".
(b) EFFECTIVE DATES. -- The amendment made by subsection (a) applies beginning with fiscal year 1999.
SEC. 412.
PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN CASE OF H-1B-DEPENDENT EMPLOYERS.
(a) PROTECTION AGAINST LAYOFF AND REQUIREMENT FOR PRIOR RECRUITMENT OF UNITED STATES WORKERS. --
(1) ADDITIONAL STATEMENTS ON APPLICATION. -- Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (D) the following:
"(E)(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application.
"(ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before October 1, 2001, by an H-1B-dependent employer (as defined in paragraph (3)) or by an employer that has been found, on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period p
receding the filing of the application. An application is not described in this clause if the only H-1B nonimmigrants sought in the application are exempt H-1B nonimmigrants.
"(F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an H-1B-dependent employer) where --
"(i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and
"(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer.
"(G)(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application--
"(I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H-1B nonimmigrants under subparagraph (A), United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and
"(II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought.
"(ii) The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an H-1B nonimmigrant who is described in subparagraph (A), (B), or (C) of section 203(b)(1)."
(2) NOTICE ON APPLICATION OF POTENTIAL LIABILITY OF PLACING EMPLOYERS. -- Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by adding at the end the following: "The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph."
(3) CONSTRUCTION.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is further amended by adding at the end the following: "Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.".
(b) H-1B-DEPENDENT EMPLOYER AND OTHER DEFINITIONS.--
(1) IN GENERAL. -- Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following:
"(3)(A) For purposes of this subsection, the term `H-1B- dependent employer' means an employer that--
"(i)(I) has 25 or fewer full-time equivalent employees who are employed in the United States and (II) employs more than 7 H-1B nonimmigrants;
"(ii)(I) has at least 26 but not more than 50 full time equivalent employees who are employed in the United States; and (II) employees more than 12 H-1B non immigrants; or
"(iii)(i) has at least 51 full time equivalent employees who are employed in the United States; and (II) employs H-1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
"(B) For purposes of this subsection--
"(i) the term `exempt H-1B nonimmigrant' means an H-1B nonimmigrant who--
"(I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
"(II) has attained a master's or higher degree (or its equivalent) in a specialty related to the intended employment; and
"(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B nonimmigrant who is not an exempt H-1B nonimmigrant.
"(C) For purposes of subparagraph (A)--
"(i) in computing the number of full-time equivalent employees and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants shall not be taken into account during the longer of--
(I) the 6-month period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998; or
"(II) the period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998 and ending on the date final regulations are issued to carry out this paragraph; and
"(ii) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer.
"(4) For purposes of this subsection:
"(A) The term `area of employment' means the area within normal commuting distance of the worksite or physical location where the work of the H-1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment.
"(B) In the case of an application with respect to one or more H-1B nonimmigrants by an employer, the employer is considered to `displace' a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantiall
y equivalent qualifications and experience, and is located in the same area of employment as the other job.
"(C) The term `H-1B nonimmigrant' means an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b).
"(D)(i) The term `lays off', with respect to a worker--
"(I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but
"(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
"(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract.
"(E) The term `United States worker' means an employee who--
"(i) is a citizen or national of the United States; or
"(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Attorney General, to be employed.".
(2) CONFORMING AMENDMENTS. -- Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by striking Aa nonimmigrant described in section 101(a)(15)(H)(i)(b)'' each place it appears and inserting "an H-1B nonimmigrant".
(c) IMPROVED POSTING OF NOTICE OF APPLICATION. -- Section 212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as follows:
"(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H-1B nonimmigrants are sought.".
(d) EFFECTIVE DATES. -- The amendments made by subsection (a) apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) take effect on the date of the enactment of this Act.
(e) REDUCTION OF PERIOD FOR PUBLIC COMMENT. -- In first promulgating regulations to implement the amendments made by this section in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations.
SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.
(a) INCREASED ENFORCEMENT AND PENALTIES. -- Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as follows:
"(C)(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an application--
"(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and
"(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer.
"(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)--
"(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and
"(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 2 years for aliens to be employed by the employer.
"(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application --
"(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary determines to be appropriate; and
"(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 3 years for aliens to be employed by the employer.
"(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule o
r regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection.
"(v) The Secretary of Labor and the Attorney General shall devise a process under which an H-1B nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.
"(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law.
"(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
"(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount 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 application under this subsection and who places an H-1B nonimmigrant designated as a full-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, 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 per
mit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time.
"(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H-1B nonimmigrant designated as a part-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, 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 su
ch petition consistent with the rate of pay identified on such petition.
"(III) In the case of an H-1B nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 214(c)(1), with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the United States pursuant to the petition, 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 petition).
"(IV) This clause does not apply to a failure to pay wages to an H-1B nonimmigrant for nonproductive time due to non- work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering 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 an H-1B nonimmigrant an established salary practice of the employer, under which the employer pays to H-1B nonimmigrants 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 nonimmigrant does not otherwise cause the nonimmigrant to violate 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).
"(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not
based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers."
(b) USE OF ARBITRATION PROCESS FOR DISPUTES INVOLVING QUALIFICATIONS OF UNITED STATES WORKERS NOT HIRED.--
(1) IN GENERAL. -- Section 212(n) (8 U.S.C. 1182(n)), as amended by section 412(b), is further amended by adding at the end the following:
"(5)(A) This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any other violation.
"(B) The Attorney General shall establish a process for the receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employer's failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioner's misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be
conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively.
"(C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of such Service shall be applicable to the selec
tion of such arbitrator and to such arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator.
"(D)(i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B) occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidenc
e. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such findings shall be final and conclusive, and, except as provided in this subparagraph, no official or court of the United States shall have power or jurisdiction to review any such findings.
"(ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9, United States Code.
"(iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause (ii) and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5, United States Code. Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate United States court of appeals.
"(E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or modifies the finding under subparagraph (D)(ii) --
"(i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the Attorney General determines to be appropriate; and
"(ii) the Attorney General is authorized to not approve petitions filed, with respect to that employer and for aliens to be employed by the employer, under section 204 or 214(c) --
"(I) during a period of not more than 1 year; or
"(II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years.
"(F) The Attorney General shall not delegate, to any other employee or official of the Department of Justice, any function of the Attorney General under this paragraph, until 60 days after the Attorney General has submitted a plan for such delegation to the Committees on the Judiciary of the United States House of Representatives and the Senate.".
(2) CONFORMING AMENDMENT. -- The first sentence of section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking "The Secretary" and inserting "Subject to paragraph (5)(A), the Secretary".
(c) LIABILITY OF PETITIONING EMPLOYER IN CASE OF PLACEMENT OF H-1B NONIMMIGRANT WITH ANOTHER EMPLOYER. -- Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following:
"(E) If an H-1B-dependent employer places a nonexempt H-1B nonimmigrant with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces a United States worker employed by such other employer during the period described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may impose a s
anction described in subclause (II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer --
"(i) knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other employer; or
"(ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H-1B nonimmigrant with the same other employer.".
(d) SPOT INVESTIGATIONS DURING PROBATIONARY PERIOD. -- Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is further amended by adding at the end the following:
"(F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to meet the condition of paragraph (1)(G)(i)(II)) or to hav
e made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of whether or not the employer is an H-1B-dependent employer. The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A)."
(e) ADDITIONAL INVESTIGATIVE AUTHORITY. --
(1) IN GENERAL. -- Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (d), is further amended by adding at the end the following:
"(G)(i) If the Secretary receives specific credible information from a source, who is likely to have knowledge of an employer's practices or employment conditions, or an employer's compliance with the employer's labor condition application under paragraph (1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in
a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary may conduct a 30- day investigation into the alleged failure or failures. The Secretary (or the Acting Secretary in the case of the Secretary's absence or disability) shall personally certify that the requirements for conducting such an investigation have been met and shall approve commencement of the investigation. The Secretary may with
hold the identity of the source from the employer, and the source's identity shall not be subject to disclosure under section 552 of title 5, United States Code.
"(ii) The Secretary shall establish a procedure for any person, desiring to provide to the Secretary information described in clause (i) that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of cl
ause (iii)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of the person).
"(iii) Any investigation initiated or approved by the Secretary under clause (i) shall be based on information that satisfies the requirements of such clause and that (I) originates from a source other than an officer or employee of the Department of Labor, or (II) was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor investigation under this Act or any other Act.
"(iv) The receipt by the Secretary of information submitted by an employer to the Attorney General or the Secretary for purposes of securing the employment of an H-1B nonimmigrant shall not be considered a receipt of information for purposes of clause (i).
"(v) No investigation described in clause (i) (or hearing described in clause (vii)) may be conducted with respect to information about a failure to meet a condition described in clause (i), unless the Secretary receives the information not later than 12 months after the date of the alleged failure.
"(vi) The Secretary shall provide notice to an employer with respect to whom the Secretary has received information described in clause (i), prior to the commencement of an investigation under such clause, of the receipt of the information and of the potential for an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clau
se if the Secretary determines that to do so would interfere with an effort by the Secretary to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause.
"(vii) If the Secretary determines under this subparagraph that a reasonable basis exists to make a finding that a failure described in clause (i) has occurred, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing, 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 shall make a finding concerning the matter by not later than 60 day
s after the date of the hearing."
(2) SUNSET. -- The amendment made by paragraph (1) shall cease to be effective on September 30, 2001.
(f) CONSTRUCTION. -- Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (e), is further amended by adding at the end the following:
"(H) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this Act (such as the authorities under section 274B), or any other Act.".
SEC. 414.
COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a) IMPOSITION OF FEE. -- Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following:
"(9)(A) The Attorney General shall impose a fee on an employer (excluding an employer described in subparagraph (A) or (B) of section 212(p)(1)) filing (on or after December 1, 1998, and before October 1, 2001) a petition under paragraph (1)--
"(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b);
"(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
"(iii) to obtain authorization for an alien having such status to change employers.
"(B) The amount of the fee shall be $500 for each such petition.
"(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s)."
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES. -- Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:
"(s) H-1B NONIMMIGRANT PETITIONER ACCOUNT. --
"(1) IN GENERAL. -- There is established in the general fund of the Treasury a separate account, which shall be known as the `H-1B Nonimmigrant Petitioner Account'. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(9).
"(2) USE OF FEES FOR JOB TRAINING. -- 56.3 percent of amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998.
"(3) USE OF FEES FOR LOW-INCOME SCHOLARSHIP PROGRAM. -- 28.2 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 for low-income students enrolled in a program of study leading to a degree in mathematics, engineering, or computer science.
"(4) ADDITIONAL NSF USES.--
"(A) GRANTS FOR MATHEMATICS, ENGINEERING, OR SCIENCE ENRICHMENT COURSES. -- 4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for programs that provide opportunities for enrollment in year-round academic enrichment courses in mathematics, engineering, or science.
"(B) SYSTEMIC REFORM ACTIVITIES. -- 4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out systemic reform activities administered by the National Science Foundation under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
"(5) USE OF FEES FOR DUTIES RELATING TO PETITIONS. -- 1.5 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b), to decrease the processing time for such petitions, and to carry out duties under section 416 of the American Competitiveness and Workforce Improvement Act of 1
998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions.
"(6) USE OF FEES FOR APPLICATION PROCESSING AND ENFORCEMENT. -- For fiscal year 1999, 6 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1) and for carrying out section 212(n)(2). Beginning with fiscal year 2000, 3 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor un
til expended for decreasing the processing time for applications under section 212(n)(1), and 3 percent of such amounts shall remain available to such Secretary until expended for carrying out section 212(n)(2). Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Secretary, and shall remain available until expended, only for decreasing the processing time for application
s under section 212(n)(1) until the Secretary submits to the Congress a report containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with the requirement in section 212(n)(1) relating to the provision of the certification described in section 101(a)(15)(H)(i)(b) within a 7-day period."
(c) DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS.--
(1) IN GENERAL. -- In establishing demonstration programs under section 452(c) of the Job Training Partnership Act (29 U.S.C. 1732(c)), as in effect on the date of the enactment of this Act, or demonstration programs or projects under section 171(b) of the Workforce Investment Act of 1998, the Secretary of Labor shall use funds available under section 286(s)(2) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers.
(2) GRANTS. -- The Secretary of Labor shall award grants to carry out the programs and projects described in paragraph (1) to--
(A)(i) private industry councils established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512), as in effect on the date of the enactment of this Act; or
(ii) local boards that will carry out such programs or projects through one-stop delivery systems established under section 121 of the Workforce Investment Act of 1998; or
(B) regional consortia of councils or local boards described in subparagraph (A).
(d) LOW-INCOME SCHOLARSHIP PROGRAM. --
(1) ESTABLISHMENT. -- The Director of the National Science Foundation (referred to in this subsection as the "Director") shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in mathematics, engineering, or computer science.
(2) ELIGIBILITY. --
(A) IN GENERAL. -- To be eligible to receive a scholarship under this subsection, an individual--
(i) must be a citizen of the United States, a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act), an alien admitted as a refugee under section 207 of the Immigration and Nationality, or an alien lawfully admitted to the United States for permanent residence;
(ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and
(iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, or computer science.
(B) ABILITY. -- Awards of scholarships under this subsection shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographic
ally wide distribution throughout the United States of recipients' places of permanent residence.
(3) LIMITATION. -- The amount of a scholarship awarded under this subsection shall be determined by the Director, except that the Director shall not award a scholarship in an amount exceeding $2,500 per year.
(4) FUNDING. -- The Director shall carry out this subsection only with funds made available under section 286(s)(3) of the Immigration and Nationality Act.
SEC. 415.
COMPUTATION OF PREVAILING WAGE LEVEL.
(a) IN GENERAL. -- Section 212 (8 U.S.C. 1182) is amended by adding at the end the following:
"(p)(1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of--
"(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or
"(B) a nonprofit research organization or a Governmental research organization, the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment.
"(2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of United States workers similarly employed and be considered the prevailing wage.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) applies to prevailing wage computations made--
(1) for applications filed on or after the date of the enactment of this Act; and
(2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date.
SEC. 416.
IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS.
(a) ENSURING ACCURATE COUNT. -- The Attorney General shall take such steps as are necessary to maintain an accurate count of the number of aliens subject to the numerical limitations of section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(b) REVISION OF PETITION FORMS. -- The Attorney General shall take such steps as are necessary to revise the forms used for petitions for visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the forms provide the Attorney General with sufficient information to permit the Attorney General accurately to count the number of aliens subject to the numerical limitations of section 214(g)(1) of suc
h Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(c) PROVISION OF INFORMATION. --
(1) QUARTERLY NOTIFICATION. -- Beginning not later than 60 days after the first day of fiscal year 1999, the Attorney General shall notify, on a quarterly basis, the Committees on the Judiciary of the United States House of Representatives and the Senate of the numbers of aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the preceding 3-month period.
(2) ANNUAL SUBMISSION. -- Beginning with fiscal year 2000, the Attorney General shall submit on an annual basis, to the Committees on the Judiciary of the United States House of Representatives and the Senate, information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the previous fiscal year. With res
pect to the first submission under this paragraph, the information shall relate solely to aliens provided nonimmigrant status after the date that is 60 days after the date on which final regulations are issued to carry out section 412(a).
(3) SPECIFICATION OF NUMBER OF PETITIONS FILED BY CERTAIN EMPLOYERS. -- Each notification under paragraph (1), and each submission under paragraph (2), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration and Nationality Act (as added by section 415 of this title).
SEC. 417.
REPORT ON OLDER WORKERS IN THE INFORMATION TECHNOLOGY FIELD.
(a) STUDY. -- The Director of the National Science Foundation shall enter into a contract with the President of the National Academy of Sciences to conduct a study, using the best available data, assessing the status of older workers in the information technology field. The study shall consider the following:
(1) The existence and extent of age discrimination in the information technology workplace.
(2) The extent to which there is a difference, based on age, in--
(A) promotion and advancement;
(B) working hours;
(C) telecommuting;
(D) salary; and
(E) stock options, bonuses, and other benefits.
(3) The relationship between rates of advancement, promotion, and compensation to experience, skill level, education, and age.
(4) Differences in skill level on the basis of age.
(b) REPORT. -- Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in subsection (a).
SEC. 418.
REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B NONIMMIGRANTS.
(a) NATIONAL SCIENCE FOUNDATION STUDY AND REPORT. --
(1) IN GENERAL. -- The Director of the National Science Foundation shall conduct a study to assess labor market needs for workers with high technology skills during the next 10 years. The study shall investigate and analyze the following:
(A) Future training and education needs of companies in the high technology and information technology sectors and future training and education needs of United States students to ensure that students' skills at various levels are matched to the needs in such sectors.
(B) An analysis of progress made by educators, employers, and government entities to improve the teaching and educational level of American students in the fields of math, science, computer science, and engineering since 1998.
(C) An analysis of the number of United States workers currently or projected to work overseas in professional, technical, and managerial capacities.
(D) The relative achievement rates of United States and foreign students in secondary schools in a variety of subjects, including math, science, computer science, English, and history.
(E) The relative performance, by subject area, of United States and foreign students in postsecondary and graduate schools as compared to secondary schools.
(F) The needs of the high technology sector for foreign workers with specific skills and the potential benefits and costs to United States employers, workers, consumers, postsecondary educational institutions, and the United States economy, from the entry of skilled foreign professionals in the fields of science and engineering.
(G) The needs of the high technology sector to adapt products and services for export to particular local markets in foreign countries.
(H) An examination of the amount and trend of moving the production or performance of products and services now occurring in the United States abroad.
(2) REPORT. -- Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in paragraph (1).
(3) INVOLVEMENT. -- The study under paragraph (1) shall be conducted in a manner that ensures the participation of individuals representing a variety of points of view.
(b) REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF H-1B NONIMMIGRANT INCREASE. -- The Chairman of the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results of any reliable study that suggests, based on legitimate economic analysis, that the incre
ase effected by section 411(a) of this title in the number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an impact on any national economic indicator, such as the level of inflation or unemployment, that warrants action by the Congress.
SUBTITLE B -- SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES
SEC. 421.
SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.
(1) by striking "or" at the end of subparagraph (J);
(2) by striking the period at the end of subparagraph (K) and inserting A; or@; and
(3) by adding at the end the following new subparagraph:
"(L) an immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause--
"(i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO);
(ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO-6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the `Protocol on the Status of International Military Headquarters' set up pursuant to the North Atlantic Treaty, or as a dependent); and
"(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998.".
(b) CONFORMING NONIMMIGRANT STATUS FOR CERTAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN. -- Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is amended --
(1) by inserting "(or under analogous authority under paragraph (27)(L))" after A(27)(I)(i)''; and
(2) by inserting "(or under analogous authority under paragraph (27)(L))" after A(27)(I).''
SUBTITLE C -- MISCELLANEOUS PROVISION
SEC. 431.
ACADEMIC HONORARIA.
(a) IN GENERAL. -- Section 212 (8 U.S.C. 1182), as amended by section 415, is further amended by adding at the end the following:
"(q) Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accept
ed such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall apply to activities occurring on or after the date of the enactment of this Act.
TITLE VIII -- WESTERN HEMISPHERE DRUG ELIMINATION
(H11234)
SEC. 852.
FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT AGENCIES.
(a) AUTHORIZATION. -- Funds are authorized to be appropriated for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform work relating to the interdiction of drugs at United States borders, including the United States Customs Service, the Border Patrol, the Federal Bureau of Investigation, the Drug Enforcement Agency, and the Immigration and Naturalization Service, in the total amount of $50,000,000.
(b) AVAILABILITY. -- Funds authorized pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
DIVISION G -- FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
(H11249)
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1 -- AUTHORITIES AND ACTIVITIES
SEC. 2217
Reports and policy concerning diplomatic immunity.
CHAPTER 2 -- CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 2225
Denial of visas to confiscators of American property.
SEC. 2226
Inadmissibility of any alien supporting an international child abductor.
CHAPTER 3 -- REFUGEES AND MIGRATION
SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS
SUBCHAPTER B--AUTHORITIES
SEC. 2241
United States policy regarding the involuntary return of refugees.
SEC. 2242
United States policy with respect to the involuntary return of persons in danger of subjection to torture.
SEC. 2243
Reprogramming of migration and refugee assistance funds.
SEC. 2245
Reports to Congress concerning Cuban emigration policies.
(H11263)
SEC. 2217.
REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section:
SEC. 56.
CRIMES COMMITTED BY DIPLOMATS.
"(a) ANNUAL REPORT CONCERNING DIPLOMATIC IMMUNITY. --
"(1) REPORT TO CONGRESS. -- 180 days after the date of enactment, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled "Report on Cases Involving Diplomatic Immunity''.
"(2) CONTENT OF REPORT. -- In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following:
"(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
"(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before t
he period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.
"(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
"(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities.
"(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen.
"(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report.
"(3) SERIOUS CRIMINAL OFFENSE DEFINED. -- For the purposes of this section, the term 'serious criminal offense' means--
"(A) any felony under Federal, State, or local law;
"(B) any Federal, State, or local offense punishable by a term of imprisonment of more
than 1 year;
"(C) any crime of violence as defined for purposes of section 16 of title 18, United States Code; or
"(D)(i) driving under the influence of alcohol or drugs;
"(ii) reckless driving; or
"(iii) driving while intoxicated.
"(b) UNITED STATES POLICY CONCERNING REFORM OF DIPLOMATIC IMMUNITY. -- It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation --
"(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and
"(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual.
"(c) NOTIFICATION OF DIPLOMATIC CORPS. -- The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.''
CHAPTER 2 -- CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
(H11264)
SEC. 2222.
CONSULAR OFFICERS.
(a) PERSONS AUTHORIZED TO ISSUE REPORTS OF BIRTHS ABROAD. -- Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at the end the following: "For purposes of this paragraph, the term 'consular officer' includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe."
(b) PROVISIONS APPLICABLE TO CONSULAR OFFICERS. -- Section 1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting "and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe'' after "such officers''.
(c) PERSONS AUTHORIZED TO AUTHENTICATE FOREIGN DOCUMENTS.--
(1) DESIGNATED UNITED STATES CITIZENS PERFORMING NOTARIAL ACTS. -- Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221) is further amended by inserting after the first sentence: "At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contract
or so authorized shall not be considered to be a consular officer.''
(2) DEFINITION OF CONSULAR OFFICERS. -- Section 3492(c) of title 18, United States Code, is amended by adding at the end the following: "For purposes of this section and sections 3493 through 3496 of this title, the term "consular officers' includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).''
(d) PERSONS AUTHORIZED TO ADMINISTER OATHS. -- Section 115 of title 35, United States Code, is amended by adding at the end the following: "For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221)."
(e) DEFINITION OF CONSULAR OFFICER. -- Section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by--
(1) inserting "or employee" after "officer" the second place it appears; and
(2) inserting before the period at the end of the sentence "or, when used in title III, for the purpose of adjudicating nationality".
(f) TRAINING FOR EMPLOYEES PERFORMING CONSULAR FUNCTIONS. -- Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection:
"(d)(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall--
"(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and
"(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function.
"(2) As used in this subsection, the term "consular function' includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.''
SEC. 2225.
DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.
(a) DENIAL OF VISAS. -- Except as otherwise provided in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114), and subject to subsection (b), the Secretary of State may deny the issuance of a visa to any alien who--
(1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in paragraph (1) by any person.
(b) EXCEPTIONS. -- Subsection (a) shall not apply to--
(1) any country established by international mandate through the United Nations; or
(2) any territory recognized by the United States Government to be in dispute.
(c) REPORTING REQUIREMENT. -- Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including--
(1) a list of aliens who have been denied a visa under this subsection; and
(2) a list of aliens who could have been denied a visa under subsection (a) but were issued a visa and an explanation as to why each such visa was issued.
SEC. 2226.
INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL CHILD ABDUCTOR.
(a) AMENDMENT OF IMMIGRATION AND NATIONALITY ACT. -- Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and inserting the following:
"(ii) ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS. -- Any alien who--
"(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i),
"(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or
"(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States o
r such person's place of residence.
"(iii) EXCEPTIONS. -- Clauses (i) and (ii) shall not apply--
"(I) to a government official of the United States who is acting within the scope of his or her official duties;
"(II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion; or
"(III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.''
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act.
CHAPTER 3 -- REFUGEES AND MIGRATION
Subchapter A -- Authorization of Appropriations
SEC. 2231.
MIGRATION AND REFUGEE ASSISTANCE.
(a) MIGRATION AND REFUGEE ASSISTANCE.--
(1) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be appropriated for "Migration and Refugee Assistance" for authorized activities, $650,000,000 for the fiscal year 1998 and $704,500,000 for the fiscal year 1999.
(2) LIMITATIONS.--
(A) LIMITATION REGARDING TIBETAN REFUGEES IN INDIA AND NEPAL. -- Of the amounts authorized to be appropriated in paragraph (1), not more than $2,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be available only for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have fled Chinese-occupied Tibet.
(B) REFUGEES RESETTLING IN ISRAEL. -- Of the amounts authorized to be appropriated in paragraph (1), $80,000,000 for the fiscal year 1998 and $80,000,000 for the fiscal year 1999 are authorized to be available for assistance for refugees resettling in Israel from other countries.
(C) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE. -- Of the amounts authorized to be appropriated in paragraph (1), $1,500,000 for the fiscal year 1998 and $1,500,000 for the fiscal year 1999 for humanitarian assistance are authorized to be available, including food, medicine, clothing, and medical and vocational training, to persons displaced as a result of civil conflict in Burma, including persons still within Burma.
(b) AVAILABILITY OF FUNDS. -- Funds appropriated pursuant to this section are authorized to remain available until expended.
Subchapter B -- Authorities
SEC. 2241
UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES.
(a) IN GENERAL. -- None of the funds made available by this subdivision shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Re
lating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification.
(b) MIGRATION AND REFUGEE ASSISTANCE. -- None of the funds made available by section 2231 of this division or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committ
ees as soon as practicable.
(c) INVOLUNTARY RETURN DEFINED. -- As used in this section, the term "to effect the involuntary return" means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person's will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.
SEC. 2242.
UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.
(a) POLICY. -- It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.
(b) REGULATIONS. -- Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
(c) EXCLUSION OF CERTAIN ALIENS. -- To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(d) REVIEW AND CONSTRUCTION. -- Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except
as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).
(e) AUTHORITY TO DETAIN. -- Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act.
(f) DEFINITIONS.--
(1) CONVENTION DEFINED. -- In this section, the term "Convention'' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.
(2) SAME TERMS AS IN THE CONVENTION. -- Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
SEC. 2243.
REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended--
(1) in subsection (a)--
(A) by striking "Foreign Affairs" and inserting "International Relations and the Committee on Appropriations"; and
(B) by inserting "and the Committee on Appropriations" after "Foreign Relations"; and
(2) by adding at the end the following new subsection:
"(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later
than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances."
SEC. 2244.
ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking "For purposes" and inserting "Notwithstanding any other provision of law, for purposes"; and
(B) by striking "fiscal year 1997" and inserting "fiscal years 1997, 1998, and 1999''; and
(2) by amending subsection (b) to read as follows:
"(b) ALIENS COVERED.--
"(1) IN GENERAL. -- An alien described in this subsection is an alien who--
"(A) is the son or daughter of a qualified national;
"(B) is 21 years of age or older; and
"(C) was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program.
"(2) QUALIFIED NATIONAL. -- For purposes of paragraph (1), the term 'qualified national' means a national of Vietnam who--
"(A)(i) was formerly interned in a reeducation camp in Vietnam by the Government of the Socialist Republic of Vietnam; or
"(ii) is the widow or widower of an individual described in clause (i); and
"(B)(i) qualified for refugee processing under the reeducation camp internees subprogram of the Orderly Departure Program; and
"(ii) on or after April 1, 1995, is or has been accepted--
"(I) for resettlement as a refugee; or
"(II) for admission as an immigrant under the Orderly Departure Program.".
SEC. 2245.
REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State shall supplement the monthly report to Congress entitled "Update on Monitoring of Cuban Migrant Returnees'' with additional information concerning the methods employed by the Government of Cuba to enforce the United States-Cuba agreement of September 1994 and the treatment by the Government of Cuba of persons who have returned to Cuba pursuant to the United States-Cuba agreemen
t of May 1995.
DIVISION I -- CHEMICAL WEAPONS CONVENTION
(H11274)
SEC. 301.
Definitions in the title.
SEC. 302.
Facility agreements.
In this Act:
(1) CHEMICAL WEAPON. -- The term "chemical weapon" means the following, together or separately:
(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this Act as long as the type and quantity is consistent with such a purpose.
(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
(2) CHEMICAL WEAPONS CONVENTION; CONVENTION. -- The terms "Chemical Weapons Convention" and "Convention" mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT CHEMICAL SYSTEM. -- The term "key component of a binary or multicomponent chemical system" means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
(4) NATIONAL OF THE UNITED STATES. -- The term "national of the United States" has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(5) ORGANIZATION. -- The term "Organization" means the Organization for the Prohibition of Chemical Weapons.
(6) PERSON. -- The term "person", except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.
(7) PRECURSOR.--
(A) IN GENERAL. -- The term "precursor" means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
(B) LIST OF PRECURSORS. -- Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
(8) PURPOSES NOT PROHIBITED BY THIS ACT. -- The term "purposes not prohibited by this Act'' means the following:
(A) PEACEFUL PURPOSES. -- Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
TITLE I -- GENERAL PROVISIONS
(H11275)
SEC. 103.
CIVIL LIABILITY OF THE UNITED STATES.
(f) SANCTIONS FOR UNAUTHORIZED DISCLOSURE OF UNITED STATES CONFIDENTIAL BUSINESS INFORMATION. -- The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after the date of enactment of this Act--
(1) is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure
having resulted in financial loses or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this Act;
(2) traffics in United States confidential business information, a proven claim to which is owned by a United States national;
(3) is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).
(g) UNITED STATES CONFIDENTIAL BUSINESS INFORMATION DEFINED. -- In this section, the term "United States confidential business information'' means any trade secrets or commercial or financial information that is privileged and confidential--
(1) including--
(A) data described in section 304(e)(2) of this Act,
(B) any chemical structure,
(C) any plant design process, technology, or operating method,
(D) any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed, or produced, or
(E) any commercial sale, shipment, or use of a chemical, or
(2) as described in section 552(b)(4) of title 5, United States Code, and that is obtained--
(i) from a United States person; or
(ii) through the United States Government or the conduct of an inspection on United States territory under the Convention.
TITLE II -- PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES
(H11276)
Subtitle A -- Criminal and Civil Penalties
SEC. 201. CRIMINAL AND CIVIL PROVISIONS.
(a) IN GENERAL. -- Part I of title 18, United States Code, is amended by inserting after chapter 11A the following new chapter:
"CHAPTER 11B -- CHEMICAL WEAPONS"
"SEC.
"229.
Prohibited activities.
"229A.
Penalties.
"229B.
Criminal forfeitures; destruction of weapons.
"229C.
Individual self-defense devices.
"229D.
Injunctions.
"229E.
Requests for military assistance to enforce prohibition in certain emergencies.
"229F.
Definitions.
"In this chapter:
"(1) CHEMICAL WEAPON. -- The term 'chemical weapon' means the following, together or separately:
"(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.
"(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
"(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
"(2) CHEMICAL WEAPONS CONVENTION; CONVENTION. -- The terms 'Chemical Weapons Convention' and 'Convention' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
"(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT CHEMICAL SYSTEM. -- The term 'key component of a binary or multicomponent chemical system' means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
"(4) NATIONAL OF THE UNITED STATES. -- The term 'national of the United States' has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
"(5) PERSON. -- The term 'person', except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.
"(6) PRECURSOR.--
"(A) IN GENERAL. -- The term 'precursor' means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
"(B) LIST OF PRECURSORS. -- Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
"(7) PURPOSES NOT PROHIBITED BY THIS CHAPTER. -- The term 'purposes not prohibited by this chapter' means the following:
"(A) PEACEFUL PURPOSES. -- Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
"(B) PROTECTIVE PURPOSES. -- Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.
"(C) UNRELATED MILITARY PURPOSES. -- Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.
"(D) LAW ENFORCEMENT PURPOSES. -- Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
"(8) TOXIC CHEMICAL.--
"(A) IN GENERAL. -- The term 'toxic chemical' means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
"(B) LIST OF TOXIC CHEMICALS. -- Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
"(9) UNITED STATES. -- The term 'United States' means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including--
"(A) any of the places within the provisions of paragraph (41) of section 40102 of title 49, United States Code;
"(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37), respectively, of section 40102 of title 49, United States Code; and
"(C) any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b))."
(b) CONFORMING AMENDMENTS.--
(1) WEAPONS OF MASS DESTRUCTION. -- Section 2332a of title 18, United States Code, is amended--
(A) by striking
"Sec. 2332a. Use of weapons of mass destruction"
and inserting
Sec. 2332a. Use of certain weapons of mass destruction"
;
(B) in subsection (a), by inserting "(other than a chemical weapon as that term is defined in section 229F)" after "weapon of mass destruction"; and
(C) in subsection (b), by inserting "(other than a chemical weapon (as that term is defined in section 229F))" after "weapon of mass destruction".
(2) TABLE OF CHAPTERS. -- The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 11A the following new item:
"11B. Chemical Weapons 229"
(c) REPEALS. -- The following provisions of law are repealed:
(1) Section 2332c of title 18, United States Code, relating to chemical weapons.
(2) In the table of sections for chapter 113B of title 18, United States Code, the item relating to section 2332c.
TITLE I -- DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
(H11303)
The conference agreement includes $79,448,000 for General Administration, as proposed in the House bill, instead of $76,199,000 as proposed in the Senate bill.
Within this amount, the conference agreement includes $8,136,000 for the Department Leadership Program, as proposed in the House bill, instead of $7,860,000, as proposed in the Senate bill. In addition, the conference agreement includes a provision, as proposed in the House bill, that retains the level of augmentation in the Department Leadership Program to the level that occurred in these offices in fiscal year 1998, which was not included in the Senate bill.
The conference agreement also includes a provision that provides 41 permanent positions and 48 full-time equivalent workyears and $4,811,000 for the Offices of Legislative Affairs and Public Affairs, as proposed in the House bill, instead of 39 permanent positions and 39 full-time equivalent workyears and $4,660,000, as proposed in the Senate bill.
The conference agreement includes a provision that provides the Attorney General the authority to transfer forfeited property of limited value to a State or local government or its designee for certain community-based programs, subject to reprogramming requirements, as proposed in the Senate bill. The House bill included a similar provision in Section 109. The House and Senate report language with respect to the study of Justice issues in Alaska, the transfer of $5,000,000 to the Justice Management Division
, and the House report language with respect to the Immigration and Naturalization Service is adopted by reference.
(H11304)
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $134,563,000 for Administrative Review and Appeals, as proposed in the House bill, instead of $41,858,000 as proposed in the Senate bill, of which $59,251,000 is provided from the Violent Crime Reduction Trust Fund (VCRTF). Of the total amount provided, $132,963,000 is for the Executive Office for Immigration Review (EOIR) and $1,600,000 is for the Office of the Pardon Attorney. The recommendation represents the funding necessary to maintain the current level of activities
in fiscal year 1999.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,227,000 for the Foreign Claims Settlement Commission as proposed in the Senate bill, instead of $1,335,000 as proposed in the House bill, and assumes funding is provided in accordance with the Senate bill.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $502,609,000 for the U.S. Marshals Service instead of $503,164,000 as proposed in the House bill and $501,752,000 as proposed in the Senate bill. Of this amount, the conference agreement provides that $25,553,000 will be derived from the Violent Crime Reduction Trust Fund (VCRTF) as proposed in the House bill, instead of no funds as proposed in the Senate bill.
The amount included in the conference agreement includes program increases of $512,000 for management and administration to implement and support a variety of cost-reduction initiatives, $2,850,000 for courthouse security personnel, $3,268,000 for courthouse security equipment, $1,565,000 for electronic surveillance unit fugitive apprehension equipment and personnel, and $250,000 for videoconferencing. If additional resources are required for courthouse security, the U.S. Marshals Service can submit a repro
gramming to obtain the additional resources.
The provision in the Senate report calling for a pilot program to pair the Marshals Service with the District of Columbia Metropolitan Police Department to enforce court- ordered evictions and to report back to the Appropriations Committees is adopted by reference. Further, the failure of the U.S. Marshals Service to conduct a significant percentage of evictions in a timely manner is noted, thus creating unreasonable inconveniences to other participants in the eviction process. The U.S. Marshals Service is
directed to report back to the Committees on Appropriations by May 1, 1999 on efforts to correct this problem.
The conference agreement includes $4,600,000 for a new construction account for the U.S. Marshals Service, instead of $4,000,000 as proposed in the Senate bill, and $3,300,000 included in the House bill under Bureau of Prisons, Buildings and Facilities. This amount includes $600,000 for architectural and engineering services and $4,000,000 for construction projects as proposed in the Senate report. To the extent that slippages occur, other projects requested in the budget can be undertaken.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference report includes requested language establishing a revolving fund for the operation of the Justice Prisoner and Alien Transportation System, as provided in both the House and Senate bills. The conference agreement assumes that funding for the initial capitalization of the Fund is an eligible use of Super Surplus funds available under the Asset Forfeiture Fund, as proposed in the House bill, instead of direct funding of $10,000,000 proposed in the Senate bill, $5,000,000 to capitalize the Fund,
and $5,000,000 to purchase a new airplane. Any enhancements to the system in fiscal year 1999, as well as the proposed funding source to pay for them, are expected to be presented to the Appropriations Committees for examination and review.
The conference agreement does not include language amending the definition of public aircraft with respect to JPATS activities, which was proposed in the Senate bill.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
(H11307)
The conference agreement includes $2,464,327,000 for the salaries and expenses of the Immigration and Naturalization Service (INS), instead of $2,486,004,000 as proposed in the House bill and $2,268,984,000 as proposed in the Senate bill, of which $842,490,000 is from the Violent Crime Reduction Trust Fund (VCRTF), instead of $866,490,000 as proposed in the House bill, and $1,099,667,000 as proposed in the Senate bill. In addition to amounts appropriated, the conference agreement assumes that $1,306,046,000
will be available from offsetting fee collections, instead of $1,570,014,000 as proposed by the House and $1,560,308,000 as proposed by the Senate. Thus, including resources provided under construction, the conference agreement provides a total operating level of $3,860,373,000 for INS, instead of $4,137,588,000 as provided by the House bill, and $3,940,543,000 as provided by the Senate. This statement of managers reflects the agreement of the conferees on how the funds provided in the conference report ar
e to be spent.
BASE ADJUSTMENTS. -- The conference agreement provides $51,283,000 for the full base restoration request and includes $23,877,000 in restoration of base for detention and deportation and assumes the balance will be provided from expected carryover in the Breached Bond/Detention fund. The agreement does not include funding for helicopter purchases. The agreement includes a report on INS border air vehicle plans which is detailed below under Border Control.
INS ORGANIZATION AND MANAGEMENT. -- The conference agreement includes the concerns expressed in the House report that a lack of resources is no longer an acceptable response to INS's inability to adequately address its mission responsibilities. The conference agreement includes the establishment of clearer chains of command -- one for enforcement activities and one for service to non-citizens-- as one step towards making the INS a more efficient accountable, and effective agency. Consistent with the concept
of the separation of immigration enforcement from service, the conference agreement adopts the House recommendation to provide for a separation of INS funds. The conference agreement includes the establishment of two new accounts: Enforcement and Border Affairs, and Citizenship and Benefits, Immigration Support and Program Direction. These accounts correspond to existing decision units within the current INS Salaries and Expenses account. INS enforcement funds are placed under the Enforcement and Border A
ffairs account. All immigration-related benefits and naturalization, support and program resources are placed under the Citizenship and Benefits, Immigration Support and Program Direction account. Neither account includes revenues generated in various fee accounts to fund program activities in both enforcement and service functions which are in addition to the appropriated funds and are discussed below. Funds for INS construction projects continue to fall within the INS construction account.
The language includes authority for the Attorney General to transfer funds from one account to another in order to ensure that funds are properly aligned. Such transfers may occur notwithstanding any transfer limitations imposed under this Act but such transfers are still subject to the reprogramming requirements under Section 605 of this Act. It is expected that any request for transfer of funds will remain within the activities under those headings.
Under the new accounts, the conference agreement includes $1,069,754,000 for Enforcement and Border Affairs, $552,083,000 for Citizenship and Benefits, Immigration Support and Program Direction, and $842,490,000 from the Violent Crime Reduction Trust Fund.
The Enforcement and Border Affairs account is comprised of the following amounts: $931,871,000, for the existing base activities of Inspections, Border Patrol, Investigations, Detention and Deportation, and Intelligence; less funds for helicopter purchases and transfer of $29,536,000 to the User Fee account for user fee related Information Resource Management and legal activities; and program increases of $97,000,000 for the Border Patrol and $40,883,000 for interior enforcement. This amount, together with
the amount from the Violent Crime Reduction Trust Fund, provides the total appropriation for these activities.
The Citizenship and Benefits, Immigration Support and Program Direction account includes $491,083,000 for the existing base activities of Citizenship and Benefits, Immigration Support and Management and Administration, assumes $30,000,000 of this base activity will be supported by unobligated balances available in the Working Capital Fund, includes funding for the naturalization initiative, and includes a program increase of $1,000,000 for the Office of Internal Audit.
BORDER CONTROL. -- The conference agreement includes $97,000,000 for 1,000 new border patrol agents and 140 support personnel. The conference agreement adopts the following requests for reports to the Committee on border- related activities and technologies: 1) by December 1, 1998, the House request for an INS plan for the development, testing, and deployment of all current border technologies and the plans for training agents to use such technology; 2) by January 1, 1999, a report on the implications of ha
ving the Border Patrol Training Academy report directly to the Assistant Commissioner for the Border Patrol, as suggested by the Senate report; 3) by January 1, 1999, a report on the feasibility, cost and capabilities of a mixed fleet of manned and unmanned aircraft, as requested in both the House and Senate reports; 4) by November 15, 1998, a report on current plans for Border Patrol road and fence improvements, as specified in the House report; and 5) the continuation of reports on Border Patrol hiring, t
raining and enforcement strategy, as requested in both the House and Senate reports. The conference agreement also adopts the House report direction to INS that it work more closely with the Forest Service and the Bureau of Land Management.
DEPLOYMENT OF RESOURCES. -- The conference agreement directs the INS to continue its consultation with the Committees on Appropriations of both the House and Senate before deployment of new border patrol agents and additional staffing included in this conference agreement.
INTERIOR ENFORCEMENT. -- The conference agreement includes the following increases to enhance INS' ability to deport illegal aliens: 1) $21,800,000 for Quick Response Teams (QRTs) to work directly with State and local law enforcement officers to take into custody and remove illegal aliens, in accordance with the House report, including a report to the Committees on its strategy on their use and deployment plans by December 1, 1999 and quarterly reports on its progress, and improved response rates; 2) $3,112
,000 for participation in joint task forces on terrorism, to assist in the identification and apprehension of alien terrorists; 3) $3,000,000 to expand the Law Enforcement Support Center (LESC), as in the Senate report; 4) $9,400,000 for activation of 400 beds at Port Isabel; 5) $1,971,000 for an additional 126 beds for juvenile detention space; and 6) $1,600,000 for four dedicated commuter lanes, as in the Senate report.
The conference agreement includes the concerns in both House and Senate reports about increasing illegal immigration in locations not previously believed to have problems, including Georgia, North Carolina, Kentucky, Tennessee, Arkansas, Utah, Nebraska, Iowa, Missouri and Colorado. It is expected that the INS will take into consideration the growing problems in these states in its deployment plan for the Quick Response Teams and other interior enforcement resources and will consult with the Committees on su
ch plans. The agreement also includes the Senate proposal on Kodiak Island.
The conference agreement also supports $10,000,000 in additional funding within existing resources to continue and to expand the local jail programs pursuant to Public Law 105-141 and a report on the program by December 1, 1998, and INS is instructed to report on the feasibility of expanding the local ambulance service pilot program.
The conference agreement includes the House recommendations for staffing of the Institutional Removal Program and on employment eligibility verification pilot programs. The conference agreement includes a request that INS evaluate the existing technical infrastructure and the quality and integrity of the data used in the System for Alien Verification of Eligibility ("SAVE") system, or any comparable INS system, and recommend how INS can meet the needs of States seeking to comply with Title IV of Public Law
104-193, and report to the Committees by May 1, 1999.
DETENTION. -- The conference agreement includes a report to the Committees on INS's anticipated detention needs for the next 3 years, including the resources and training necessary to adequately staff existing and anticipated new facilities, including the feasibility of locating a detention center in Utah, as in the Senate report, and other needs designated in the House and Senate reports.
The conference agreement includes the expectation that as funds become available in the Breached Bond/Detention account, that INS will submit a request to use additional funds for contract detention space and other detention needs. The conference agreement also includes funds for continuation of construction of several detention facilities within INS Construction funds.
The conference agreement includes the concerns about staffing of district offices and requests adjustments to be made, as in the Senate report.
OFFICE OF INTERNAL AUDIT. -- The conference agreement includes a program increase of $1,000,000 for the Office of Internal Audit, $430,000 of which is for the INSpect program to conduct impartial review of compliance and performance with program guidance and regulations.
NATURALIZATION. -- Naturalization and other services provided by the INS are meant to be covered by application fees deposited into the Examinations Fee account. However, in fiscal year 1998, $20,000,000 in direct appropriations and $196,000,000 in Examinations Fee account, were provided for backlog reduction and to improve the integrity of the naturalization process, beyond funds provided in the Examinations Fee account.
On August 6, 1998, the Department of Justice submitted a reprogramming request for INS that requested funds for a naturalization initiative from other resources beyond the revenues generated in the Examinations Fee account. The reason for this reprogramming was that Examinations Fee revenues have fallen significantly below the level INS estimated for fiscal years 1998 and 1999. These additional funds requested are intended to restore funding for ongoing naturalization activities, to provide a series of enha
ncements to address the large backlog of applications and to continue phasing in the revised application process recommended by PricewaterhouseCoopers. In that proposal, the Department recommended that the funds come from unobligated balances from within the INS Salaries and Expenses account, carryover from fiscal year 1998 Examinations Fee account, a transfer of funds from the Department's Working Capital Fund, and funds from the INS Breached Bond/Detention fund. The total requested by the Department was $
171,000,000; $88,000,000 to restore base program activities that were reduced to cover the decline in fee revenues, of which $35,000,000 is for the restoration of base in the Examinations Fee account and $53,000,000 is for restoration of the Salaries and Expenses base; and the remaining $83,000,000 for a naturalization enhancement in the Salaries and Expenses account.
The conference agreement provides $171,000,000 for this initiative, $35,000,000 for base restoration in the Examinations Fee account, $53,000,000 for base restoration in Salaries and Expenses, and $83,000,000 in enhancements in funds which are not required to maintain other ongoing INS activities, funded in part directly through appropriation of funds, rather than through use of the Breached Bond Detention account, and $30,000,000 by transfer from the Working Capital Fund, which have been used instead to of
fset base funding requirements. The conference agreement recommends $83,000,000 for the following enhancements: (1) $27,450,000, of which $11,659,000 is for 200 term employees for the formation of Backlog Reduction Action Teams (BRAT) to work exclusively at INS locations where the average naturalization application processing time is in excess of 15 months and to reduce the backlog until the average case processing time at that location is under 12 months, $3,750,000 for clerical support, $3,425,000 for ove
rtime, $2,401,000 for administering oaths, $3,200,000 for data entry, $2,222,000 for reprinting expired fingerprints, and $790,000 for computer support costs; (2) $4,325,000 for one-time need to reduce backlogs of cases at the service centers, including $145,000 for Information Resource Management needs; (3) $6,000,000 for field office ADP support; (4) $6,500,000 to improve records procedures and facilities; (5) $1,000,000 to conduct a pilot to improve fingerprint identification throughout the process; (6)
$12,515,000 for implementation of key recommendations of PricewaterhouseCoopers to redesign the naturalization process, which includes $2,700,000 for designing and producing a user friendly guide to the naturalization process, $3,000,000 for continuation of the PricewaterhouseCoopers contract, $1,250,000 for consolidating medical waivers at the INS Service Centers, and $5,565,000 for the Complete File Review initiative which is designed to ensure that applicant files are complete at the time of adjudication
; and (7) $25,190,000 for beginning one telephone verification center, a record centralization initiative in Missouri, and the indexing and conversion to CD or electronic transfer of INS microfilm images, provided that the INS should consult with the Committees on its proposed spending allocation of these funds prior to the obligation process.
OFFSETTING FEE COLLECTIONS
(H11308)
The conference agreement assumes $1,306,046,000 will be available from offsetting fee collections for INS, instead of $1,570,014,000 as proposed by the House, and $1,560,308,000 as proposed by the Senate, to support activities related to the legal admission of persons into the United States. These activities are entirely paid by fees paid by persons who are either traveling internationally or are applying for immigration benefits. The following levels are recommended:
IMMIGRATION EXAMINATIONS FEES. -- The conference agreement assumes $635,700,000 of spending from the Immigration Examinations Fee account resources, instead of $906,000,000 as proposed by the House bill, and $905,700,000, as proposed by the Senate bill. The estimated resources in this fee account have decreased by over $275,000,000 during the year from the original estimates due to declining levels of applications. The level provided in the conference agreement takes into consideration this significant decr
ease in available resources and the $35,000,000 for base restoration in the Examinations Fee account included in the reprogramming proposal from carryover and recoveries.
It is noted that even after providing additional resources to offset estimated reductions in the Examinations Fee account, current estimates provided by INS still reflect a deficit between resources and program activities of $160,000,000 in the Examinations Fee account. While there is considerable concern about the lengthy waits, there is also concern about any request by the Department of Justice which calls for a level of spending which, without incorporating program increases, would result in creating a
deficit of an estimated $160,000,000. While the INS has proffered to the Committees that it may be able to recover $160,000,000 from unobligated balances and cost-saving measures without cutting into service programs, there is sufficient concern about this assurance that there is a desire to see the money that results from these sources before allowing INS to spend itself into a severe deficit.
Accordingly, the level of spending assumed in the conference agreement is based on estimated revenues in this account totaling $635,700,000 which includes carryover from fiscal year 1998 revenue projected for fiscal year 1999, recoveries, funds from the legalization fee account which has been merged into this account, proposed fingerprint surcharges, and fees from applications under section 245(i) of the Immigration and Nationality Act, which sunsetted on January 14, 1998.
INSPECTIONS USER FEES. -- The conference agreement includes $486,071,000 of spending from offsetting collections in this account, instead of $444,290,000 as proposed in the Senate bill, and does not assume the removal of the exemption for cruise ship passengers. The conference agreement assumes a transfer of $29,536,000 from base Salaries and Expenses funding for legal proceedings, Information Resource Management, support and infrastructure. The agreement includes: (1) $17,668,000 for pay and inflation base
adjustments; (2) $7,657,000 to provide 100 additional inspectors at airports to maintain the 45-minute standard at airports; (3) $2,069,000, for 60 asylum officers and 20 support staff, for the expedited removal process; (4) $1,875,000, and 12 positions, for mandatory detention necessary to support the expedited removal process; (5) $19,520,000, and 217 positions for departure management automation initiatives to monitor the control of aliens departing the United States and to facilitate the pilot of a sys
tem of exit controls; (6) $3,961,000, and 16 attorneys, 8 legal support, and 10 management support positions, for legal proceedings staffing to support the expedited removal program; (7) $600,000 for 10 officers for an international program to train international airline carrier personnel and other overseas operations in fraudulent document detection and anti-smuggling operations.
LAND BORDER INSPECTIONS FEES. -- The conference agreement includes $3,275,000 in spending from the Land Border Inspection Fund, an increase of $232,000 over the current year. The current revenues generated in this account are from Dedicated Commuter Lanes in Blaine and Port Roberts, Washington, Detroit Tunnel and Ambassador Bridge, Michigan, and Otay Mesa, California and Automated Permit Ports which provide pre-screened local border residents border crossing privileges by means of automated inspections. The
agreement includes the recommendation in the Senate report relating to the Peace Arch Crossing Entry program.
IMMIGRATION BREACHED BOND/DETENTION ACCOUNT. -- The conference agreement includes $176,950,000 in spending from the Breached Bond/Detention Account, instead of $169,870,000 as proposed by the House and $201,995,000 as proposed by the Senate. The level of spending assumed in the conference agreement is based on estimated revenues in this account totaling $176,950,000, which includes carryover funds from fiscal year 1998, revenue projected for fiscal year 1998 and assumes the availability of funds from penalt
y fees from applications under section 245(i) of the Immigration and Nationality Act, which expired on January 14, 1998. Carryover balances from 245(i) fees collected in fiscal year 1998 remain in this account for expenditure in fiscal year 1999. The conference agreement assumes $27,061,000 of expenses for alien detention costs provided under the salaries and expenses account will be supported by the carryover estimated to be available from fiscal year 1999. Within the amounts provided, the conference agr
eement includes funding for the acquisition and installation of video-conferencing equipment at institutional hearing program sites, as proposed in the Senate report.
IMMIGRATION ENFORCEMENT FINES. -- The conference agreement includes $4,050,000 in spending to support border enforcement activities, instead of $3,800,000, as proposed in the House report. A remote video surveillance system and sensors is included in the agreement, as proposed in the Senate report.
OTHER PROVISIONS. -- The conference agreement does not include the reduction of the number of employees in the Office of Legislative and Public Affairs, as proposed by the Senate bill; does include the purchase of 3,855 passenger motor vehicles, as proposed in the House bill, instead of 2,904 vehicles, as proposed in the Senate bill; includes bill language that prohibits funds from being used for the operation of the San Clemente and Temecula traffic checkpoints unless they are open on a continuous 24 hour
basis, as proposed in the House bill; includes a limit on the number of political appointees as proposed in the House bill; and does include an authorization for the Attorney General to impose disciplinary actions on any INS employee who violates Department policies and procedures relative to granting citizenship or who willfully deceives the Congress or Department Leadership, as proposed in the House bill.
The EB-5, investor visa program, was created to promote investments in businesses and to create and preserve jobs in the United States. It is understood that serious allegations have been made concerning fraudulent activities designed to aid persons in gaining U.S. citizenship pursuant to the EB-5 program without making the contributions to U.S. businesses which Congress intended. The Immigration and Naturalization Service (INS) is directed to report to Congress within 90 days to propose any legislative rem
edies that may be necessary to provide the INS with the tools to ensure that a person gaining citizenship pursuant to the EB-5 program has actually made, and is personally liable for, the required investment and is sufficiently involved in the management of the business invested in, consistent with the intent of Congress when the EB-5 program was created.
The conference agreement includes $90,000,000 for construction for INS, instead of $81,570,000 as proposed in the House bill and $110,251,000 as proposed in the Senate bill. The conference agreement assumes funding of $51,606,000 for Border Patrol new construction (including 8 stations or sector headquarters), as proposed in the House report, and $10,900,000 for the Charleston border patrol academy and $4,625,000 for the Artesia, NM law enforcement training center, as proposed in the Senate report; $3,619,0
00 for various military engineering projects to support the Border Patrol, and $3,875,000 to come from savings within Salaries and Expenses, as is allowed under the bill language in the Salaries and Expenses accounts, to include the Santa Theresa project in the Senate report but not to include the Tucson Checkpoint exit lane project, included in the House report; $5,900,000 for new construction of detention facilities, including $1,000,000 for Port Isabel, $4,000,000 for Florence, and $900,000 for Varick St
reet; $20,575,000 for maintenance and repair of INS facilities; $4,000,000 for fuel storage tank upgrade and repair; and $4,300,000 for program execution.
The agreement also includes new bill language prohibiting site acquisition, design, or construction of any Border Patrol checkpoint in the Tucson Sector, which was not included in either the House or the Senate bills.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(H11311)
The conference agreement includes $2,921,950,000 for State and Local Law Enforcement Assistance, instead of $2,927,150,000 as proposed in the House bill and $2,676,650,000 as proposed in the Senate bill. Of this amount, the conference agreement provides that $2,369,950,000 shall be derived from the Violent Crime Reduction Trust Fund (VCRTF), instead of $2,374,400,000 as proposed in the House bill and $2,124,650,000 as proposed in the Senate bill.
The conference agreement provides for the following programs from direct appropriations and the VCRTF:
|
Direct Appropriation:
|
|
|
|
|
|
Byrne Discretionary Grants........................
|
$47,000,000
|
|
Byrne Formula Grants..............................
|
505,000,000
|
|
Total Direct Appropriations.....................
|
552,000,000
|
|
|
================
|
|
Violent Crime Reduction Trust Fund:
|
|
|
Local Law Enforcement Block Grant
|
523,000,000
|
|
Boys and Girls Clubs
|
(40,000,000)
|
|
Law Enforcement Technology
|
(20,000,000)
|
|
Juvenile Crime Block Grant
|
250,000,000
|
|
Indian Tribal Courts Program
|
5,000,000
|
|
Drug Courts
|
40,000,000
|
|
Upgrade Criminal History Records (Brady Bill)
|
45,000,000
|
|
State Prison Grants.
|
720,500,000
|
|
Cooperative Agreement Program
|
(25,000,000)
|
|
Indian Country Earmark
.
|
(34,000,000)
|
|
Alien Incarceration
|
(165,000,000)
|
|
State Criminal Alien Assistance Program
|
420,000,000
|
|
Violence Against Women Act Programs
|
282,750,000
|
|
Substance Abuse Treatment for State Prisoners
|
63,000,000
|
|
DNA Identification State Grants.
|
15,000,000
|
|
Law Enforcement Family Support Programs
|
1,500,000
|
|
Senior Citizens Against Marketing Scam
|
2,000,000
|
|
Motor Vehicle Theft Prevention
|
1,300,000
|
|
Missing Alzheimer's Patient Program.
|
900,000
|
|
|
________________
|
|
Total, Violent Crime Reduction Trust Fund
|
2,369,950,000
|
|
|
================
|
(H11312)
STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
The conference agreement provides a total of $585,000,000 for the State Criminal Alien Assistance Program for reimbursement to States for the costs of incarceration of criminal aliens, as proposed in the House bill, instead of $500,000,000 as proposed in the Senate bill. Of the total amount, the conference agreement includes $420,000,000 under this account for the State Criminal Alien Assistance Program as proposed in the House bill, instead of $350,000,000 as proposed in the Senate bill and $165,000,000 fo
r this purpose under the State Prison Grants program, as proposed by the House bill, instead of $150,000,000 as proposed by the Senate bill.
COMMUNITY-ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS
(H11313)
1. COPS Technology Program. -- The conference agreement includes the direction of $80,000,000 to be used for continued development of technologies and automated systems to assist State and local law enforcement agencies in investigating, responding to and preventing crime. In particular, there is a recognition of the importance of the sharing of criminal information and intelligence between State and local law enforcement to address multi-jurisdictional crimes.
Within the amounts made available under this program, the conference agreement includes the expectation that the office will award grants for the following technology proposals:
--$3,000,000 for videoteleconferencing equipment necessary to assist State and local law enforcement in contacting the Immigration and Naturalization Service to allow them to confirm the identification of illegal and criminal aliens in their custody;
GENERAL PROVISIONS -- DEPARTMENT OF JUSTICE
(H11315)
The conference agreement includes the following general provisions for the Department of Justice:
SECTION 101. -- The conference agreement includes section 101 as proposed by both the House and Senate bills, which makes up to $45,000 of the funds appropriated to the Department of Justice available for reception and representation expenses.
SEC. 102. -- The conference agreement includes section 102 as proposed in the House bill, which continues certain authorities for the Justice Department in fiscal year 1999 that were contained in the Department of Justice Authorization Act, fiscal year 1980.
SEC. 103. -- The conference agreement includes section 103 as proposed by both the House and Senate bills, which prohibits the use of funds to perform abortions in the Federal Prison System.
SEC. 104. -- The conference agreement includes section 104 as proposed by both the House and Senate bills, which prohibits use of the funds to require any person to perform, or facilitate the performance of, an abortion.
SEC. 105. -- The conference agreement includes section 105 as proposed by both the House and Senate bills, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to provide escort services to female inmates who seek to obtain abortions outside a Federal facility.
SEC. 106. -- The conference agreement includes section 106 as proposed by both the House and Senate bills, which allows the Department of Justice to spend up to $10,000,000 for rewards for information regarding acts of terrorism against a United States person or property at levels not to exceed $2,000,000 per reward.
SEC. 107. -- The conference agreement includes section 107 as proposed by both the House and Senate bills, which allows the Department of Justice, subject to reprogramming procedures, to transfer up to 5 percent between any appropriation, but limits to 10 percent the amount that can be transferred into any one appropriation.
SEC. 108. -- The conference agreement includes section 108 as proposed in the Senate bill, and similar to language in the House bill, that allows the Bureau of Prisons to make expenditures from the Commissary Fund for an Inmate Telephone System and for other purposes.
SEC. 109. -- The conference agreement includes section 109, as proposed in the House bill, which replaces injury and death-related benefits for INS officers with the same humanitarian expenses given to Federal Bureau of Investigation and Drug Enforcement Administration employees. The Senate bill had no similar provision.
SEC. 110. -- The conference agreement includes section 110, as proposed in the House and Senate bills, which merges the Legalization Account into the Examinations Fee Account.
SEC. 111. -- The conference agreement includes section 111, as proposed in the House bill, which requires the Bureau of Prisons to report on privately operated prison security issues. The Senate bill had no similar provision.
SEC. 112. -- The conference agreement includes section 112 , as proposed in the Senate bill, to authorize the Assistant Attorney General for the Office of Justice Programs (OJP) to have final authority over all grants, contracts, and cooperative agreements for OJP and its component organizations. The House had no similar provision.
SEC. 113. -- The conference agreement includes section 113, as proposed by the Senate
bill, which clarifies the term ``tribal'' for the purpose of making grant awards under programs funded in this title so that certain Indian tribes in Alaska may receive funds. The House bill had no similar provision.
SEC. 114. -- The conference agreement includes section 114, as proposed by the Senate, which expands the exemption of cruise ship passengers from inspection fees to include ships
which originate from a State but go into international waters or ports. The House bill had no similar provision.
SEC. 115. -- The conference agreement includes a new provision, modified from the Senate bill, authorizing the Attorney General to waive certain Federal acquisition rules and regulations in certain instances related to counterterrorism, national security, or computer crime investigations and prosecutions. The House bill did not address this matter.
SEC. 116. -- The conference agreement includes section 116, modified from the provision in the Senate bill, which changes the implementation date of Section 110(a) of the Illegal Immigration Reform and Immigrant Responsibility Act at the land and sea ports of entry to March 30, 2001, and adds that the system will not significantly disrupt legitimate cross-border traffic, instead of repealing the requirement.
SEC. 117. -- The conference agreement includes a new provision, amending the Controlled Substances Act, to change the legal standard for civil violations of recordkeeping requirements for control of licit drugs to a ``negligence'' standard, and reduce the maximum civil penalty to $10,000. The Senate bill proposed changing the standard to ``knowing'' standard, and limiting civil penalties to $500. The House bill did not address this matter.
The conference agreement provides a balanced approach with respect to record keeping violations with regard to legitimate law enforcement needs and the need to provide relief from enforcement policies which impose relatively high financial penalties for record keeping violations. In assessing whether to pursue civil penalties and determining the appropriate amount of the fine to be assessed associated with record keeping violations, the Attorney General should take into account the following: whether divers
ion actually occurred or if the record keeping violations are of such a nature that it cannot be determined whether diversion occurred; whether actual or potential harm to the public resulted; whether the violations were intentional or negligent in nature; whether the violations were a first time offense; time intervals between inspections where no or any serious violations were found; whether the violations were multiple occurrences of the same type of violation; whether and to what extent the defendant pr
ofited from the illegal activity; and the financial capacity of the defendant to pay the fine assessed. In addition, the Attorney General may take into account whether the violator has taken immediate and effective corrective actions. In appropriate situations, the Attorney General shall act through informal procedures such as warning letters. The civil penalty limit of $10,000 per violation is a ceiling and the Attorney General has the discretion to request and the courts the discretion to waive or impose
amounts less than this limit as the circumstances warrant.
SEC. 128. -- The conference agreement includes section 128, as proposed by the Senate, which exempts from a numerical limitation the adjustment of status to that of permanent residence pursuant to immigration laws for certain Iraqi nationals moved to Guam by the U.S. government. The agreement does not include the waiver of the filing fee. The House bill had no similar provision.
GENERAL PROVISIONS -- DEPARTMENT OF STATE AND RELATED AGENCIES
(H11330)
SECTION 401. -- The conference agreement includes section 401, as provided in the Senate bill, permitting use of funds for allowances, differentials, and transportation. The House bill contained a similar provision, with minor technical changes.
SEC. 402. -- The conference agreement includes section 402, as provided in the House bill, dealing with transfer authority. The Senate bill contained a similar provision, with minor technical changes.
Sec. 403. -- The conference agreement includes a provision, as proposed in the House bill, to allow payment of a border equalization adjustment to approximately 20 employees of the Department of State and other agencies who are not members of the Foreign Service, live in the United States, but commute to work in locations in Mexico and Canada. This section will equalize pay for these employees based on the locality pay rates paid for service performed in the United States within the locality pay areas close
st to the employees' foreign duty station. The Senate bill did not include a provision on this matter.
SEC. 404. -- The conference agreement includes section 404, as proposed in the House bill, permitting the Japan-U.S. Friendship Commission to interchange funds between its dollar and yen trust funds to maximize return on investments. The Senate had a similar provision as section 617 under Title VI, with minor technical differences. The Conference agreement does not include additional language, as proposed in the House bill, providing for the name of the Commission to be changed to the United States-Japan Co
mmission.
SEC. 405. -- The conference agreement includes section 405, as provided in the House bill, authorizing the Director of USIA to administer summer travel and work programs without regard to preplacement requirements. The Senate bill did not include a provision on this matter.
SEC. 406. -- The conference agreement includes section 406, as provided in the House bill, extending privileges and immunities to the United Nations Industrial Development Organization to the same extent as would apply if the U.S. were a member of that organization. The Senate bill did not include a provision on this matter.
SEC. 407. -- The conference agreement includes section 407, as provided in the House bill, extending law enforcement availability pay to diplomatic security agents of the Department of State. The Senate bill did not include a provision on this matter.
SEC. 408. -- The conference agreement includes section 408, a modified version of a provision numbered section 403 in the Senate bill, prohibiting the use of funds by the Department of State or USIA to provide certain types of assistance to the Palestinian Broadcasting Corporation. The conference agreement does not include ``training'' among the types of assistance prohibited, and deletes the words ``or similar organization'' from the Senate provision. The House did not include a provision on this matter,
but included report language under the USIA section. The conference agreement expects that neither the Department of State, nor USIA, shall provide assistance to the PBC, or any similar Palestinian media entity, which could enable the further restriction of press freedoms or the broadcast of inaccurate, inflammatory messages.
SEC. 409. -- The conference agreement includes section 409, as proposed in the Senate bill, giving the Secretary of State permanent authority to pay tort claims arising in foreign countries in connection with the Department's overseas operations. The House bill did not contain a provision on this matter.
SEC. 410. -- The conference agreement includes section 410, which is a modification of a provision in the Senate bill under Senate sections 116(b) and 409. This provision amends section 104 of the Illegal Immigration and Immigrant Responsibility Act of 1996 to extend the implementation date for the State Department to issue new counterfeit resistant border crossing cards by two years. In addition, it establishes a reduced fee for the issuance of a border crossing card from Mexico for children under 15, to b
e implemented 6 months from date of enactment, requiring the overall machine readable visa fee to be adjusted to recover the cost of this reduced fee, and requiring that processing of visa applications at certain locations in Mexico continue until a date certain. The House bill did not include a provision on this matter.
SEC. 411. -- The conference agreement includes section 411, not included in either the House or Senate bill, waiving provisions of existing legislation that require authorizations to be in place for the State Department, the United States Information Agency, including International Broadcasting Operations, and the Arms Control and Disarmament Agency prior to the expenditure of any appropriated funds.
The conference agreement does not include a provision, as proposed in the Senate bill as section 410, requiring the Secretary of State to conduct a study on the processing of nonimmigrant visas. However, the Department is directed to undertake a study to determine the adequacy of staffing at United States consular posts, particularly during peak travel periods; the adequacy of service to international tourism; the adequacy of computer and technical support to consular posts; the appropriate standard to dete
rmine whether a country qualifies as a pilot program country under section 217 of the Immigration and Nationality Act; and steps that need to be taken and have been taken to implement standards governing the timely processing of applications for nonimmigrant visas at United States consular posts and to report back to the Committees by March 1, 1999.
TITLE VI -- GENERAL PROVISIONS
(H11334)
The conference agreement includes the following general provisions:
SEC. 616. -- The conference agreement includes section 616, proposed as section 613 in the Senate bill, which prohibits funds from being used to issue a visa to any alien involved in extrajudicial and political killings in Haiti. Specifically, the provision prohibits issuance of a visa to any person who (1) has been credibly alleged to have ordered, carried out, or assisted in extrajudicial and political killings of 16 named individuals; (2) was included in the list presented to former President Aristide b
y former National Security Advisor Anthony Lake; (3) was sought by the FBI in relation to political or extrajudicial killings; (4) was involved in the September 1991 coup or murders occurring between 1991 and 1994; or (5) has been credibly alleged to have been a member of the paramilitary organization known as FRAPH. The provision gives the Secretary of State authority to make exceptions on a case-by-case basis. The provision also includes several reporting requirements by the Secretary of State to the Hou
se International Relations and Appropriations Committees and the Senate Foreign Relations and Appropriations Committees. The House bill contained no similar provision.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
IMMIGRATION AND NATURALIZATION SERVICE
IMMIGRATION EMERGENCY FUND
(RESCISSION)
The conference agreement includes a rescission of $5,000,000 from unobligated balances under this heading. The House and Senate bills did not include a rescission under this heading.
PROVISIONS NOT ADOPTED BY THE CONFEREES
REIMBURSEMENT REQUIREMENTS FOR FOREIGN STUDENTS
(H11365)
The conference agreement does not include Senate language that would have amended section 214 of the Immigration and Nationality Act to allow for a waiver of certain limitations on the ability of an alien to study at a public school. The House bill did not address this matter.
TRAFFICKING IN WOMEN AND CHILDREN
The conference agreement does not include Senate language that would have required the Secretary of State, in consultation with the Attorney General, to develop training for consular officers on the international trafficking in women and children and to develop and disseminate to aliens seeking to obtain visas written materials describing the potential risks of trafficking. The House bill did not contain a provision on this matter.
TITLE I -- DEPARTMENT OF THE INTERIOR
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
(H11375)
The conference agreement provides $66,175,000 for assistance to territories instead of $64,175,000 as proposed by the House and $66,045,000 as proposed by the Senate. The conference agreement funding adheres to the House proposal except it does not include the $2,000,000 general reduction. There is no reduction to the Northern Marianas covenant grant mandatory funding, which remains at $27,720,000 as proposed by both the House and the Senate. The conference agreement concurs with the Senate language regard
ing the withholding of American Samoa construction funds in the amount of $2,000,000 until issues associated with unpaid off-island medical bills are resolved. The conference agreement does not concur with the Senate language which provides that these funds may ultimately be used to make payment toward satisfying the unpaid medical bills. In addition, the Committees direct the General Accounting Office to complete analyses and reports concerning the CNMI. These reports should be submitted to the Congress by
August 30, 1999. The conference agreement concurs with Senate direction that a portion of the CNMI immigration initiative funds be used to establish an ombudsman office, and the agreement further directs that this office be operated in an independent, impartial manner.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
(H11390)
The conference agreement appropriates $3,294,173,000, instead of $3,274,573,000 as proposed by the House and $3,239,573,000 as proposed by the Senate.
The conference agreement does not include a rescission of $40,000,000 of fiscal year 1999 funds, as proposed by the Senate, for Year 2000 computer conversion costs which were provided as an advance appropriation in the fiscal year 1998 appropriations bill. The House had no similar provision. The agreement includes $36,300,000 for the alien labor certification program as proposed by the Senate instead of $31,300,000 as proposed by the House. For unemployment insurance contingency costs, the agreement include
s $180,933,000, instead of $196,333,000 as proposed by the House and $186,333,000 as proposed by the Senate. And for the Learning Anytime/Anywhere initiative, the agreement includes $10,000,000 as proposed by the Senate.
TITLE II -- DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH CARE FINANCING ADMINISTRATION
REFUGEE AND ENTRANT ASSISTANCE
(H11397)
The conference agreement includes $415,000,000 as proposed by the Senate instead of $415,165,000 as proposed by the House. It is understood that approximately $20,000,000 will be available in 1999 from 1997 carryover funds; these funds shall be used under social services to increase educational support to schools with a significant proportion of refugee children and for the development of alternative cash assistance programs that involve case management approaches to improve resettlement outcomes. Such supp
ort should include intensive English language training and cultural assimilation programs.
The conference agreement provides $220,698,000 for transitional and medical services, a decrease of $10,000,000 below the House and Senate bills. This reduction reflects lower estimates of 1998 program costs that are continued into 1999. The funding level for transitional and medical services is sufficient to continue the policy of providing eight months of assistance to new arrivals.
The conference agreement provides $139,990,000 for social services, an increase of $5,000,000 over the House and $10,000,000 over the Senate. The conference agreement includes $26,000,000 for increased support to communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance, and $14,000,000 to address the needs of refugees and communities impacted by the recent changes in Federal a
ssistance programs relating to welfare reform. The agreement includes $19,000,000 for assistance to communities impacted by Cuban and Haitian entrants and refugees whose arrivals in recent years have increased.
The conference agreement includes $4,835,000 for preventive health as proposed by the Senate. The House bill consolidated this activity into social services.
TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998
(H11519)
The conference agreement includes a new Title, the Haitian Refugee Immigration Fairness Act of 1998, as proposed in the Senate bill, which provides certain Haitians who were paroled into the United States before December 31, 1995 and who applied for asylum by that date, and certain unaccompanied minors, to apply for adjustment of status. The House had no similar provision.
In addition, the conference agreement adds a section requiring detailed reports from the Comptroller General on the numbers of aliens who apply for and receive status adjustment under this Act.
TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION
(H11526)
CHAPTER 1
DEPARTMENT OF AGRICULTURE
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
In addition to amounts provided elsewhere in this Act for the Drug Enforcement Administration, the conference agreement provides an additional $10,200,000 in emergency fiscal year 1999 funding as follows: $1,000,000 for additional surveillance and electronic intercept equipment in source countries and transit zones; $1,000,000 for continued development and implementation of automation systems to support intelligence and investigative requirements; and $8,200,000 to complete the implementation of the MERLIN
and FIREBIRD systems for all offices in Mexico, the Caribbean, Central and South America.
Language is included designating these amounts as an emergency requirement, and making these amounts available only to the extent that an official budget request is submitted requesting these specific amounts to be designated as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
In addition to amounts provided elsewhere in this Act for the Immigration and Naturalization Service, the conference agreement provides for an additional $10,000,000 for Integrated Surveillance Information Systems, including sensors, motion detectors, remote video surveillance cameras, and infrared optics.
Language is included designating this amount as an emergency requirement, and making this amount available only to the extent that an official budget request is submitted requesting this amount to be designated as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.