Page:United States Statutes at Large Volume 103 Part 3.djvu/33

 PUBLIC LAW 101-238—DEC. 18, 1989 103 STAT. 2101 subject to an approved State plan for the recruitment and retention of nurses (described in paragraph (3)). "(v) There is not a strike or lockout in the course of a labor dispute, and the employment of such an alien is not intended or designed to influence an election for a bargaining representa- tive for registered nurses of the facility. "(vi) At the time of the filing of the petition for registered nurses under section 101(a)(15XH)(i)(a), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to registered nurses employed at the facility through posting in conspicuous locations. A facility is considered not to meet clause (i) (relating to an attesta- tion of a substantial disruption in delivery of health care services) if the facility, within the previous year, laid off registered nurses. Nothing In clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before the date of the enactment of this subsection. " (B) For purposes of subparagraph (A)(iv)(I), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: "(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. "(ii) Providing career development programs and other meth- ods of facilitating health care workers to become registered nurses. "(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. "(iv) Providing adequate support services to free registered nurses from administrative and other nonnursing duties. "(v) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv)(I). Nothing herein shall require a facility to take more than one step, if the facility can demonstrate that taking a second step is not reasonable. "(C) Subject to subparagraph (E), an attestation under subpara- graph (A) shall— "(i) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and "(ii) apply to petitions filed during such 1-year period if the facility states in each such petition that it continues to comply with the conditions in the attestation. "(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. "(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 101(a)(15XHXiXa) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. Public information. District of Columbia.

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