Page:United States Statutes at Large Volume 112 Part 4.djvu/680

 112 STAT. 2681-651 PUBLIC LAW 105-277—OCT. 21, 1998 Notice. Notice. 8 USC 1182 note. 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-IB nonimmigrant sheill 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 clause 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 SecretEuy 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 days 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-IB 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)(l)) 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);

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