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(1) to limit the applicability or effect of any 
Federal law related to the protection or management 
of fish or wildlife or to the regulation of commerce; 
(2) to limit the authority of the United States to 
prohibit hunting or fishing on any portion of the 
lands owned by the United States; or 
(3) to abrogate, abridge, affect, modify, supersede 
or alter any treaty-reserved right or other right of 
any Indian tribe as recognized by any other means, 
including, but not limited to, agreements with the 
United States, Executive Orders, statutes, and judi-
cial decrees, and by Federal law. 
(d) STATE DEFINED.—For purposes of this section, the 
term ‘‘State’’ includes the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, Guam, the Vir-
gin Islands, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
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 WORK-
ERS. (a) IN GENERAL.—Section 214(g) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)) is amended by add-
ing at the end the following:
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‘‘(9)(A) Subject to subparagraphs (B) and (C), an 
alien counted toward the numerical limitations of para-
graph (1)(B) during any 1 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 count-
ed toward such limitation for the fiscal year in which the 
petition is approved. 
‘‘(B) A petition referred to in subparagraph (A) shall 
include, with respect to an alien— 
‘‘(i) the full name of the alien; and 
‘‘(ii) a certification to the Department of Home-
land Security that the alien is a returning worker. 
‘‘(C) An H–2B visa for a returning worker shall be 
approved only if the name of the individual on the petition 
is confirmed by— 
‘‘(i) the Department of State; or 
‘‘(ii) if the alien is visa exempt, the Department 
of Homeland Security.’’. 
(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 peti-
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tions 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 Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)), as amended 
by section 426(a) of division J of the Consolidated Appro-
priations 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 subpara-
graph (A) shall be $150.’’. 
(b) USE OF FEES.— 
(1) FRAUD
PREVENTION
AND
DETECTION
AC-
COUNT.—Subsection (v) of section 286 of the Immi-
gration and Nationality Act (8 U.S.C. 1356), as 
added by section 426(b) of division J of the Consoli-
dated Appropriations Act, 2005 (Public Law 108–
447), is amended—
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(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 sub-
paragraph (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 sub-
sections (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.
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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 misrepresen-
tation of a material fact in such petition— 
‘‘(i) the Secretary of Homeland Security may, in 
addition to any other remedy authorized by law, im-
pose 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 dele-
gate to the Secretary of Labor, with the agreement of the 
Secretary of Labor, any of the authority given to the Sec-
retary of Homeland Security under subparagraph (A)(i). 
‘‘(iv) In determining the level of penalties to be as-
sessed under subparagraph (A), the highest penalties shall
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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 sub-
section (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 Na-
tionality 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 INFORMA-
TION 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 amend-
ed—
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(1) by striking ‘‘Attorney General’’ each place 
that term appears and inserting ‘‘Secretary of Home-
land Security’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(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 Com-
mittee on the Judiciary of the Senate and the Com-
mittee 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 Na-
tionality 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—
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‘‘(A) information on the countries of origin 
of, occupations of, and compensation paid to 
aliens who were issued visas or otherwise pro-
vided 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Na-
tionality 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 other-
wise terminated during each month of such fiscal 
year; and 
‘‘(C) the number of aliens who were pro-
vided 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 para-
graph (1) or (2), the Secretary of State shall provide 
such information to the Secretary of Homeland Secu-
rity upon request.’’. 
RECAPTURE OF VISAS 
SEC. 7007. Section 106(d)(2)(A) of the American Com-
petitiveness in the Twenty-first Century Act of 2000 (Public 
Law 106–313; 8 U.S.C. 1153 note) is amended—
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(1) in paragraph (1), by inserting before the pe-
riod at the end of the second sentence ‘‘and any such 
visa that is made available due to the difference be-
tween the number of employment-based visas that 
were made available in fiscal year 2001, 2002, 2003, 
or 2004 and the number of such visas that were actu-
ally used in such fiscal year shall be available only 
to employment-based immigrants, and the dependents 
of such immigrants, and 50 percent of such visas 
shall be made available to those whose immigrant 
worker petitions were approved based on schedule A, 
as defined in section 656.5 of title 20, Code of Federal 
Regulations, as promulgated by the Secretary of 
Labor’’; and 
(2) in paragraph (2)(A), by striking ‘‘and 2000’’ 
and inserting ‘‘through 2004’’. 
RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA 
SEC. 7008. (a) Section 101(a)(15)(E) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is 
amended— 
(1) by adding at the end ‘‘or (iii) solely to per-
form services in a specialty occupation in the United 
States if the alien is a national of the Commonwealth 
of Australia and with respect to whom the Secretary 
of Labor determines and certifies to the Secretary of 
Homeland Security and the Secretary of State that
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the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1);’’; and 
(2) in clause (i), by striking ‘‘or’’ after ‘‘na-
tional;’’. 
(b) Section 202 of such Act (8 U.S.C. 1152) is amended 
by adding at the end the following new subsection: 
‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The total num-
ber of aliens who may acquire nonimmigrant status under 
section 101(a)(15)(E)(iii) may not exceed 5000 for a fiscal 
year.’’. 
(c) Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) 
is amended by inserting ‘‘, section 101(a)(15)(E)(iii),’’ after 
‘‘section 101(a)(15)(H)(i)(b)’’. 
(d) Section 212(t) of such Act (8 U.S.C. 1182(t)), as 
added by section 402(b)(2) of the United States-Chile Free 
Trade Agreement Implementation Act (Public Law 108–77; 
117 Stat. 941), is amended— 
(1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ 
after ‘‘section 101(a)(15)(H)(i)(b1)’’ each place it ap-
pears; 
(2) in paragraph (3)(C)(i)(II), by striking ‘‘or’’ 
in the third place it appears; 
(3) in paragraph (3)(C)(ii)(II), by striking ‘‘or’’ 
in the third place it appears; and
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(4) in paragraph (3)(C)(iii)(II), by striking ‘‘or’’ 
in the third place it appears. 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations Act for Defense, the Global War on 
Terror, and Tsunami Relief, 2005’’.
Amend the title so as to read: ‘‘An Act Making 
Emergency Supplemental Appropriations for Defense, the 
Global War on Terror, and Tsunami Relief, for the fiscal 
year ending September 30, 2005, and for other pur-
poses.’’.
Passed the House of Representatives March 16, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate April 21, 2005. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.