COMPUTATION OF PREVAILING WAGE LEVEL.

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 112 STAT. 2681–655in 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.