[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 278

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2005

  Ms. Collins 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Summer Operations and Seasonal 
Equity Act of 2005''.

SEC. 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--
            (1) in paragraph (1)(B), by inserting ``of which not less 
        than 12,000 shall be made available in each quarter of each 
        fiscal year'' before the period at the end; and
            (2) by adding at the end the following:
    ``(9) An alien counted toward the numerical limitations of 
paragraph (1)(B) within the 3 years prior to the approval of a petition 
for a temporary worker described in section 101(a)(15)(H)(ii)(b) of 
this title shall not be counted again toward such limitations.''.
    (b) Effective Date.--The amendment in subsection (a) shall take 
effect as if enacted on October 1, 2004, and shall expire on October 1, 
2007.

SEC. 3. 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:
    ``(d) Provision of Information.--
            ``(1) Quarterly notification.--Beginning not later than 
        December 1, 2006, the Secretary of Homeland Security shall 
        notify, on a quarterly basis, the Committees on the Judiciary 
        of the House of Representatives and the Senate of the number of 
        aliens who during the preceding 3-month 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 with 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, 
                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.''.
                                 <all>