needed to improve such system, including the Occu-
pational Employment System survey, its calculation 
of wage data based on skill and experience levels, 
difference among types of employers (specifically for-
profit and nonprofit, and government and non-gov-
ernment) and the use of private, independent wage 
surveys; 
(7) the adequacy of past labor certification sys-
tems under the H–2b program, in comparison to the 
labor attestation system created by this title; wheth-
er changes are needed to improve such system; and 
recommendations for such improvements; 
(8) the factors necessary to develop and imple-
ment an appropriate labor market test governing the 
temporary worker programs described in this sec-
tion, including measures related to unemployment 
levels that are geographic and occupational-specific, 
and median wages in the occupations and vacancy 
rates; and make recommendations to promulgate 
such a labor market test; 
(9) the current enforcement mechanisms con-
tained in the temporary worker programs and 
whether changes are needed to improve the inves-
tigation and enforcement of violations;
(10) any other recommendations that are war-
ranted. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section. 
SEC. 324. SUBMISSION TO CONGRESS OF INFORMATION RE-
GARDING H–2B AND H–1D 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—
(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 sub-
section: 
‘‘(d) PROVISION OF INFORMATION.—
‘‘(1) QUARTERLY
NOTIFICATION.—Beginning 
not later than December 1, 2005, 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 numbers of 
aliens who during the preceding 3-month period—
‘‘(A) were issued visas or otherwise pro-
vided nonimmigrant status under clause (i)(d)
or (ii)(b) of section 101(a)(15)(H) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)); or 
‘‘(B) had such a visa or such status expire 
or be revoked or otherwise terminated. 
‘‘(2) ANNUAL
SUBMISSION.—Beginning with 
fiscal year 2006, the Secretary of Homeland Secu-
rity shall submit on an annual basis, to the Commit-
tees on the Judiciary of the House of Representa-
tives and the Senate—
‘‘(A) information on the countries of origin 
and occupations of, and compensation paid to, 
aliens who were issued visas or otherwise pro-
vided nonimmigrant status under clause (i)(d) 
or (ii)(b) of section 101(a)(15)(H) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)) during the previous fiscal 
year; 
‘‘(B) the number of aliens who during each 
month of such fiscal year had such a visa or 
such status expire or be revoked or otherwise 
terminated; 
‘‘(C) the number of aliens who were pro-
vided nonimmigrant status under such section
during both such fiscal year and the fiscal year 
preceding such fiscal year; and 
‘‘(D) the number of aliens provided non-
immigrant status under such section who adjust 
status to lawful permanent residence based on 
a petition filed by an employer or a self-peti-
tion.’’.
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