To revise certain requirements for H-2B employers and require submission of information regarding H-2B nonimmigrants.

SA 387. Ms. MIKULSKI (for herself, Mr. Allen, Mr. Leahy, Mr. Corzine,
Mr. Warner, Mr. Jeffords, Mr. Sarbanes, Mr. Dayton, Mr. Kennedy, Ms.
Landrieu, Mr. Reed, Mr. Lautenberg, Mr. Feingold, Mr. Dorgan, Mr.
Kerry, Mr. Conrad, Mr. Thomas, Mr. Stevens, Mr. DeWine, Mr. Coleman,
Ms. Snowe, and Ms. Collins) proposed an amendment to the bill H.R.
1268, making emergency supplemental appropriations for the fiscal year
ending September 30, 2005, to establish and rapidly implement
regulations for State driver's license and identification document
security standards, to prevent terrorists from abusing the asylum laws
of the United States, to unify terrorism-related grounds for
inadmissibility and removal, to ensure expeditious construction of the
San Diego border fence, and for other purposes; which was ordered to
lie on the table; as follows:

On page 231, between lines 3 and 4, insert the following
new title:

TITLE VII--TEMPORARY WORKERS

SEC. 7001. SHORT TITLE.

This title may be cited as the ``Save Our Small and
Seasonal Businesses Act of 2005''.

SEC. 7002. NUMERICAL LIMITATIONS ON H-2B WORKERS.

(a) In General.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended by adding at
the end the following:
``(9) An alien counted toward the numerical limitations of
paragraph (1)(B) during any one of the 3 fiscal years prior
to the submission of a petition for a nonimmigrant worker
described in section 101(a)(15)(H)(ii)(b) may not be counted
toward such limitation for the fiscal year in which the
petition is approved.''.

[[Page S3595]]

(b) Effective Date.--
(1) In general.--The amendment in subsection (a) shall take
effect as if enacted on October 1, 2004, and shall expire on
October 1, 2006.
(2) Implementation.--Not later than the date of enactment
of this Act, the Secretary of Homeland Security shall begin
accepting and processing petitions filed on behalf of aliens
described in section 101(a)(15)(H)(ii)(b), in a manner
consistent with this section and the amendments made by this
section.

SEC. 7003. FRAUD PREVENTION AND DETECTION FEE.

(a) Imposition of Fee.--Section 214(c) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)), as amended by section
426(a) of division J of the Consolidated Appropriations Act,
2005 (Public Law 108-447), is amended by adding at the end
the following:
``(13)(A) In addition to any other fees authorized by law,
the Secretary of Homeland Security shall impose a fraud
prevention and detection fee on an employer filing a petition
under paragraph (1) for nonimmigrant workers described in
section 101(a)(15)(H)(ii)(b).
``(i) The amount of the fee imposed under subparagraph (A)
shall be $150.''.
(b) Use of Fees.--
(1) Fraud prevention and detection account.--Subsection (v)
of section 286 of the Immigration and Nationality Act (8
U.S.C. 1356), as added by section 426(b) of division J of the
Consolidated Appropriations Act, 2005 (Public Law 108-447),
is amended--
(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D)
by striking ``H1-B and L'' each place it appears;
(B) in paragraph (1), as amended by subparagraph (A), by
striking ``section 214(c)(12)'' and inserting ``paragraph
(12) or (13) of section 214(c)'';
(C) in paragraphs (2)(A)(i) and (2)(B), as amended by
subparagraph (A), by striking ``(H)(i)'' each place it
appears and inserting ``(H)(i), (H)(ii), ''; and
(D) in paragraph (2)(D), as amended by subparagraph (A), by
inserting before the period at the end ``or for programs and
activities to prevent and detect fraud with respect to
petitions under paragraph (1) or (2)(A) of section 214(c) to
grant an alien nonimmigrant status described in section
101(a)(15)(H)(ii)''.
(2) Conforming amendment.--The heading of such subsection
286 is amended by striking ``H1-B and L''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2005.

SEC. 7004. SANCTIONS.

(a) In General.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 3,
is further amended by adding at the end the following:
``(14)(A) If the Secretary of Homeland Security finds,
after notice and an opportunity for a hearing, a substantial
failure to meet any of the conditions of the petition to
admit or otherwise provide status to a nonimmigrant worker
under section 101(a)(15)(H)(ii)(b) or a willful
misrepresentation of a material fact in such petition--
``(i) the Secretary of Homeland Security may, in addition
to any other remedy authorized by law, impose such
administrative remedies (including civil monetary penalties
in an amount not to exceed $10,000 per violation) as the
Secretary of Homeland Security determines to be appropriate;
and
``(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under section
204 or paragraph (1) of this subsection during a period of at
least 1 year but not more than 5 years for aliens to be
employed by the employer.
``(iii) The Secretary of Homeland Security may delegate to
the Secretary of Labor, with the agreement of the Secretary
of Labor, any of the authority given to the Secretary of
Homeland Security under subparagraph (A)(i).
``(iv) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be
reserved for willful failures to meet any of the conditions
of the petition that involve harm to United States workers.
``(v) In this paragraph, the term `substantial failure'
means the willful failure to comply with the requirements of
this section that constitutes a significant deviation from
the terms and conditions of a petition.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005.

SEC. 7005. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR.

Section 214(g) of the Immigration and Nationality Act (8
U.S.C. 1184(g)), as amended by section 7002, is further
amended by adding at the end the following new paragraph:
``(j) The numerical limitations of paragraph (1)(B) shall
be allocated for a fiscal year so that the total number of
aliens who enter the United States pursuant to a visa or
other provision of nonimmigrant status under section
101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal
year is not more than 33,000.''.

SEC. 7006. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-
2B NONIMMIGRANTS.

Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law
105-277; 8 U.S.C. 1184 note) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following new subsection:
``(d) Provision of Information.--
``(1) Quarterly notification.--Beginning not later than
March 1, 2006, the Secretary of Homeland Security shall
notify, on a quarterly basis, the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of House of
Representatives of the number of aliens who during the
preceding 1-year period--
``(A) were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or
``(B) had such a visa or such status expire or be revoked
or otherwise terminated.
``(2) Annual submission.--Beginning in fiscal year 2007,
the Secretary of Homeland Security shall submit, on an annual
basis, to the Committees on the Judiciary of the House of
Representatives and the Senate--
``(A) information on the countries of origin of,
occupations of, and compensation paid to aliens who were
issued visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the
previous fiscal year;
``(B) the number of aliens who had such a visa or such
status expire or be revoked or otherwise terminated during
each month of such fiscal year; and
``(C) the number of aliens who were provided nonimmigrant
status under such section during both such fiscal year and
the preceding fiscal year.
``(3) Information maintained by state.--If the Secretary of
Homeland Security determines that information maintained by
the Secretary of State is required to make a submission
described in paragraph (1) or (2), the Secretary of State
shall provide such information to the Secretary of Homeland
Security upon request.''.
______