S. 352Senate109th Congress (2005-2007)In Committee

Save Our Small and Seasonal Businesses Act of 2005

Introduced February 10, 2005

Legislative Activity

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3 earlier actions
SenateIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR S3533)

April 13, 2005

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SenateIntro Referral

Introduced in Senate

February 10, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1280-1281)

February 10, 2005

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1281)

February 10, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3533)

April 13, 2005

Floor Debate

19 members

What members said about S. 352 on the floor

9 Republicans10 Democrats
Robert C. Byrd
Sen. Robert C. ByrdD-WV · Apr 14, 2005

Mr. President, in every year since 1951, Congress has included a provision in the General Government Appropriations Act which states the following: No part of any appropriation contained in this or…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Apr 14, 2005

Mr. President, will the Senator from Illinois yield for a question? The Senator points out the part of the amendment which is asking for an estimate of the number of troops. I am a member of the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 14, 2005

Mr. President, I salute the Senator from Kansas. I know he and the Senator from New Jersey have demonstrated extraordinary leadership on many issues that have come before this Senate, but certainly…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · May 10, 2005

Mr. President, I believe, by unanimous consent, I am to be recognized at 2:15 for 15 minutes. I allocate 2\1/2\ minutes of that time to the Senator from Wisconsin, Mr. Kohl. Mr. President, I commend…

John McCain
Sen. John McCainR-AZ · Feb 10, 2005

Mr. President, I am pleased today to be joined with Senator Lieberman in introducing the Climate Stewardship Act of 2005. This bill is nearly identical to a proposal we offered during the 108th…

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Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Feb 10, 2005

Mr. President, I rise today to introduce the Coastal Zone Enhancement Reauthorization Act of 2005. I am pleased to have worked with my cosponsor, Senator Kerry, in developing this bill, which will…

Larry E. Craig
Sen. Larry E. CraigR-ID · Feb 10, 2005

Mr. President, I have introduced what I believe to be a very important piece of legislation that the Senate will consider this year, dealing with an issue that is certainly on the minds of many…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Feb 10, 2005

Mr. President, the recent shortage of H-2B nonimmigrant visas for ernporary or seasonal non-agricultural foreign workers is a matter of great concern to many small businesses in my home state of…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Feb 10, 2005

Mr. President, the recent shortage of H-2B nonimmigrant visas for ernporary or seasonal non-agricultural foreign workers is a matter of great concern to many small businesses in my home state of…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Apr 14, 2005

I rise in support of the Byrd amendment. This amendment is important. It is offered at an important time, and it is offered during a period when we have seen so many examples of fake news, or…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Feb 10, 2005

Mr. President, today I am introducing the Marine Debris Research and Reduction Act. From the shore, our oceans seem vast and limitless, but I fear that we often overlook the impacts our actions have…

Lamar Alexander
Sen. Lamar AlexanderR-TN · May 10, 2005

Mr. President, I am here to talk about the supplemental appropriations bill. While the Senator from North Dakota is here--he is one of the best speakers in the Senate. He can take a story, tell it,…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Feb 10, 2005

Mr. President, I rise today to continue the fight to right a wrong in America's visa program. I believe it's time for America to extend the Visa Waiver program to Poland. I'm pleased to have formed a…

Show 11 more
Robert C. Byrd
Sen. Robert C. ByrdD-WV · May 10, 2005

Mr. President, how much time do I have? Twenty minutes. Mr. President, I yield myself such time as I may consume within that 20-minute limitation. I again thank Chairman Thad Cochran for his patience…

Lindsey Graham
Sen. Lindsey GrahamR-SC · Apr 14, 2005

Mr. President, I will take up where my colleague left off. Before she leaves the floor, I acknowledge what a pleasure it has been to work with her and other members of the Democratic Party and the…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Apr 14, 2005

Mr. President, I was about to call up amendment No. 366, which I am going to pull back from at this point. We are working with a number of subcommittees to get exact language, but I would like to go…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Feb 10, 2005

Mr. President, I am honored to rise with my friend and colleague from Arizona, Senator McCain, to introduce the Climate Stewardship Act. It is an urgent matter. I was thinking of one clause that I…

Thad Cochran
Sen. Thad CochranR-MS · Apr 14, 2005

Mr. President, I ask unanimous consent the order for the quorum call be rescinded. Mr. President, I have requests to make on behalf of the managers of the bill with respect to amendments that have…

Carl Levin
Sen. Carl LevinD-MI · Apr 14, 2005

Mr. President, I rise to support the amendment Senator Kennedy has addressed, which was introduced by Senator Durbin. It represents an effort to obtain information that is critically important to the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 10, 2005

Mr. President, today I am introducing a bill to honor Abraham Lincoln in 2009, the bicentennial of his birth, by issuing a series of 1-cent coins with designs on the reverse that are emblematic of…

George Allen
Sen. George AllenR-VA · Apr 14, 2005

Mr. President, I rise today to speak in support of an amendment that my good friend from Maryland, Senator Mikulski, and I and a number of other Senators have offered and which does have bipartisan…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Feb 10, 2005

Mr. President, I rise today to introduce the next generation of Hispanic Serving Institutions legislation. This legislation is critical if we, as a Nation, are going to continue to compete in a…

Sam Brownback
Sen. Sam BrownbackR-KS · Apr 14, 2005

Mr. President, I am delighted to join my colleague from New Jersey on this amendment. I think by definition a supplemental is about emergency needs and emergency spending. I don't know of a bigger…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Feb 10, 2005

Mr. President, today I rise to introduce legislation that is desperately needed by small and seasonal businesses all over the Nation. These businesses are in crisis. They need seasonal workers before…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued February 10, 2005

II

109th CONGRESS

1st Session

S. 352

IN THE SENATE OF THE UNITED STATES

February 10, 2005

Ms. Mikulski (for herself, Mr. Gregg, Mr. Leahy, Mr. Warner, Mr. Chafee, Mr. Thomas, Mr. Levin, Mr. Salazar, Mr. Allen, Mr. Kennedy, Mr. Jeffords, Ms. Collins, Mr. Sarbanes, Ms. Snowe, Mr. Dorgan, Mr. Reed, Mr. Dayton, and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To revise certain requirements for H–2B employers and require submission of information regarding H–2B nonimmigrants, and for other purposes.

1.

Short title

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

2.

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.

.

(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 Act and the amendments made by this Act.

3.

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).

(B)

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.

4.

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.

(B)

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).

(C)

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.

(D)

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.

5.

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 2, is further amended by adding at the end the following new paragraph:

(10)

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.

.

6.

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.

.