III 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Summer Operations 

5 and Seasonal Equity Act of 2005’’. 

6 SEC. 2. NUMERICAL LIMITATIONS ON H–2B WORKERS. 

7 (a) IN GENERAL.—Section 214(g) of the Immigra8 tion and Nationality Act (8 U.S.C. 1184(g)) is amended— 

9 (1) in paragraph (1)(B), by inserting ‘‘of which 

10 not less than 12,000 shall be made available in each 
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1 quarter of each fiscal year’’ before the period at the 

2 end; and 

3 (2) by adding at the end the following: 

4 ‘‘(9) An alien counted toward the numerical limita5 tions of paragraph (1)(B) within the 3 years prior to the 

6 approval of a petition for a temporary worker described 

7 in section 101(a)(15)(H)(ii)(b) of this title shall not be 

8 counted again toward such limitations.’’. 

9 (b) EFFECTIVE DATE.—The amendment in sub10 section (a) shall take effect as if enacted on October 1, 

11 2004, and shall expire on October 1, 2007. 

12 SEC. 3. SUBMISSION TO CONGRESS OF INFORMATION RE13 GARDING H–2B NONIMMIGRANTS. 

14 Section 416 of the American Competitiveness and 

15 Workforce Improvement Act of 1998 (title IV of division 

16 C of Public Law 105–277; 8 U.S.C. 1184 note) is amend17 ed— 

18 (1) by striking ‘‘Attorney General’’ each place 

19 that term appears and inserting ‘‘Secretary of 

20 Homeland Security’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(d) PROVISION OF INFORMATION.— 

23 ‘‘(1) QUARTERLY NOTIFICATION.—Beginning 

24 not later than December 1, 2006, the Secretary of 

25 Homeland Security shall notify, on a quarterly basis, 
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1 the Committees on the Judiciary of the House of 

2 Representatives and the Senate of the number of 

3 aliens who during the preceding 3-month period— 

4 ‘‘(A) were issued visas or otherwise pro5 vided nonimmigrant status under section 

6 101(a)(15)(H)(ii)(b) of the Immigration and 

7 Nationality Act (8 U.S.C. 

8 1101(a)(15)(H)(ii)(b)); or 

9 ‘‘(B) had such a visa or such status expire 

10 or be revoked or otherwise terminated. 

11 ‘‘(2) ANNUAL SUBMISSION.—Beginning with 

12 fiscal year 2007, the Secretary of Homeland Secu13 rity shall submit on an annual basis, to the Commit14 tees on the Judiciary of the House of Representa15 tives and the Senate— 

16 ‘‘(A) information on the countries of ori17 gin, occupations of, and compensation paid to 

18 aliens who were issued visas or otherwise pro19 vided nonimmigrant status under section 

20 101(a)(15)(H)(ii)(b) of the Immigration and 

21 Nationality Act (8 U.S.C. 

22 1101(a)(15)(H)(ii)(b)) during the previous fis23 cal year; 

24 ‘‘(B) the number of aliens who had such a 

25 visa or such status expire or be revoked or oth-
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1 erwise terminated during each month of such 

2 fiscal year; and 

3 ‘‘(C) the number of aliens who were pro4 vided nonimmigrant status under such section 

5 during both such fiscal year and the preceding 

6 fiscal year.’’.

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