position of Special Counsel and any current or 
former employee of the office of the Special Counsel. 
Whoever knowingly uses, publishes, or permits infor-
mation to be used in violation of this paragraph 
shall be fined not more than $10,000’’. 
SEC. 302. DEPARTMENT OF LABOR TASK FORCE. 
The Secretary of Labor, in consultation with the At-
torney General and the Secretary of Homeland Security, 
shall conduct a national study of American workplaces to 
determine the causes, extent, circumstances, and con-
sequences, of exploitation of undocumented alien workers 
by their employers. As part of this study, the Secretary 
of Labor shall create a plan for targeted review of federal 
labor law enforcement in industries with a substantial im-
migrant workforce, for the purpose of identifying, moni-
toring, and deterring frequent or egregious violators of 
wage and hour, anti-discrimination, National Labor Rela-
tions Act, and workplace safety and health requirements. 
Not later than 18 months after the date of the enactment 
of this Act, the Secretary of Labor shall submit to the 
Congress a report describing the results of the study and 
the Secretary’s recommendations based on the study. 
SEC. 303. RECRUITMENT OF AMERICAN WORKERS. 
Section 214 of the Immigration and Nationality Act 
is amended—
(1) by redesignating subsections (m) (as added 
by section 105 of Public Law 106–313), (n) (as 
added by section 107(e) of Public Law 106–386), 
(o) (as added by section 1513(c) of Public Law 106–
386), (o) (as added by section 1102(b) of the Legal 
Immigration Family Equity Act), and (p) (as added 
by section 1503(b) of the Legal Immigration Family 
Equity Act) as subsections (n), (o), (p), (q), and (r), 
respectively; and 
(2) by adding at the end the following: 
‘‘(s)(1) No petition to accord employment status 
under any nonimmigrant classification described in section 
101(a)(15) shall be granted in the absence of an affidavit 
from the petitioner describing the efforts that were made 
to recruit an alien lawfully admitted for permanent resi-
dence or a citizen of the United States before resorting 
to a petition to obtain a foreign employee. The recruitment 
efforts must have included substantial attempts to find 
employees in minority communities. Recruitment efforts in 
minority communities should include at least one of the 
following, if appropriate for the employment being adver-
tised: 
‘‘(A) Advertise the availability of the job oppor-
tunity for which the employer is seeking a worker in 
local newspapers in the labor market that is likely
to be patronized by a potential worker for at least 
5 consecutive days. 
‘‘(B) Undertake efforts to advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker through advertisements in public 
transportation systems. 
‘‘(C) To the extent permitted by local laws and 
regulations, engage in recruitment activities in sec-
ondary schools, recreation centers, community cen-
ters, and other places throughout the communities 
within 50 miles of the job site that serve minorities. 
‘‘(2)(A) The Secretary of Homeland Security shall 
impose a 10 percent surcharge on all fees collected for pe-
titions to accord employment status and shall use these 
funds to establish an employment training program which 
will include unemployed workers in the United States who 
need to be trained or retrained. The purpose of this pro-
gram shall be to increase the number of lawful permanent 
residents and citizens of the United States who are avail-
able for employment in the occupations that are the sub-
jects of such petitions. At least 50 percent of the funds 
generated by this provision must be used to train Amer-
ican workers in rural and inner city areas. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’. 
TITLE IV—DIVERSITY VISAS 
SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) of the Immigration and Nationality 
Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 
and inserting ‘‘110,000’’. 
SEC. 402. PERIOD DESIGNATED FOR APPLICATION. 
Section 203(e)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1153(e)(1)) is amended—
(1) by striking ‘‘Attorney General’’ each place 
such term appears and and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) by adding at the end the following: ‘‘The 
Secretary shall provide for a filing system that will 
permit unlimited filing throughout the entire period 
designated for the filing of petitions. If an electronic