Page:United States Statutes at Large Volume 103 Part 3.djvu/34
103 STAT. 2102 PUBLIC LAW 101-238—DEC. 18, 1989 "(ii) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's mis- representation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargain- ing representatives, associations deemed appropriate by the Sec- retary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation • under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. "(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Sec- retary shall provide for notice of such determination to the in- terested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. "(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepre- sentation of material fact in the attestation, the Secretary shall _, notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil mone- tary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least 1 year for nurses to be employed by the facility. "(v) In addition to the sanctions provided under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. "(3) The Secretary of Labor shall provide for a process under which a State may submit to the Secretary a plan for the recruit- ment and retention of United States citizens and immigrants who are authorized to perform nursing services as registered nurses in facilities in the State. Such a plan may include counseling and educating health workers and other individuals concerning the employment opportunities available to registered nurses. The Sec- retary shall provide, on an annual basis in consultation with the Secretary of Health and Human Services, for the approval or dis- approval of such a plan, for purposes of paragraph (2)(A)(iv)(II). Such a plan may not be considered to be approved with respect to the facility unless the plan provides for the taking of significant steps described in paragraph (2)(A)(iv)(I) with respect to registered nurses in the facility. "(4) The period of admission of an alien under section 101(a)(15)(H)(i)(a) shall be for an initial period of not to exceed 3 ^ years, subject to an extension for a period or periods, not to exceed a total period of admission of 5 years (or a total period of admission of 6 years in the case of extraordinary circumstances, as determined by the Attorney General).