In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ratepayer Fairness Act of 2015''.

SEC. 2. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY.

    (a) Consideration of Impact From Cross-Subsidization of Customer-
Side Technology.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
end the following:
            ``(20) Consideration of impact from cross-subsidization of 
        customer-side technology.--
                    ``(A) Definition of customer-side technology.--In 
                this paragraph, the term `customer-side technology' 
                means a device connected to the electricity 
                distribution system--
                            ``(i) at, or on the customer side of, the 
                        meter; or
                            ``(ii) that, if owned or operated by, or on 
                        behalf of, an electric utility, would otherwise 
                        be at, or on the customer side of, the meter.
                    ``(B) Consideration.--Each State regulatory 
                authority (with respect to each electric utility for 
                which it has ratemaking authority) and each 
                nonregulated electric utility shall consider, to the 
                extent a State regulatory authority or nonregulated 
                electric utility allows rates charged by any electric 
                utility to include any cost, fee, or charge that 
                directly or indirectly subsidizes the deployment, 
                construction, maintenance, or operation of customer-
                side technology, whether subsidizing the deployment, 
                construction, maintenance, or operation of a customer-
                side technology would--
                            ``(i) result in benefits predominately 
                        enjoyed by only the users of the customer-side 
                        technology;
                            ``(ii) shift costs of a customer-side 
                        technology to electricity consumers that do not 
                        use the customer-side technology, particularly 
                        in cases in which disparate economic or 
                        resource conditions exist among the electricity 
                        consumers cross-subsidizing the customer-side 
                        technology;
                            ``(iii) negatively affect resource 
                        utilization, fuel diversity, grid reliability, 
                        or grid security;
                            ``(iv) provide any unfair competitive 
                        advantage to market the customer-side 
                        technology, including an analysis of whether 
                        the State regulatory authority or other State 
                        authority has uncovered any fraudulent 
                        customer-side technology marketing practices 
                        within the State; and
                            ``(v) be necessary to fulfill an obligation 
                        to serve electric consumers.
                    ``(C) Public notice.--At least 90 days before the 
                date on which a State regulatory authority or 
                nonregulated electric utility holds a proceeding that 
                would consider the cross-subsidization of a customer-
                side technology, the State regulatory authority or 
                nonregulated electric utility shall make available to 
                the public the results of the evaluation conducted 
                under subparagraph (B).''.
    (b) Compliance.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority), and each nonregulated electric utility shall, with 
        respect to the standard established by paragraph (20) of 
        section 111(d)--
                    ``(i) commence the consideration referred to in 
                section 111; or
                    ``(ii) set a hearing date for the consideration.
            ``(B) Not later than 2 years after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which it has ratemaking 
        authority), and each nonregulated electric utility, shall--
                    ``(i) complete the consideration required under 
                subparagraph (A); and
                    ``(ii) make the determination referred to in 
                section 111 with respect to the standard established by 
                paragraph (20) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by adding at the end the following: ``In the case of 
        the standard established by paragraph (20) of section 111(d), 
        the reference contained in this subsection to the date of 
        enactment of this Act shall be deemed to be a reference to the 
        date of enactment of that paragraph.''.
Example Output: Ratepayer Fairness Act of 2015  This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require a state regulatory authority and a nonregulated electric utility (entities), to the extent that they allow electric utility rates to include charges that subsidize customer-side technology, to consider whether that subsidy would:  result in benefits predominately enjoyed by only the users of the customer-side technology; shift costs of a customer-side technology to electricity consumers that do not use it, particularly in cases in which disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the customer-side technology; negatively affect resource utilization, fuel diversity, grid reliability, or grid security; give any unfair competitive advantage to market the customer-side technology, including an analysis of whether a state regulatory authority has uncovered fraudulent customer-side technology marketing practices; and be necessary to fulfill an obligation to serve electric consumers.   The bill sets deadlines within which the entities must set a hearing date to consider and subsequently determine the subsidization of customer-side technology.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.
Example Output: Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Employment Act''.

SEC. 2. NUMERICAL LIMITATIONS.

    Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows:
                    ``(vii) 130,000 in fiscal year 2008 and each 
                succeeding fiscal year, except that in fiscal years 
                2010 through 2015, if such limitation is reached in the 
                previous fiscal year, such limitation shall equal the 
                greater of 180,000 and the limitation applicable for 
                the previous fiscal year increased by 20 percent; or''.

SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS.

    Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(5)) is amended--
            (1) in subparagraph (B), by striking ``or'';
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(D) has earned a master's or higher degree from a United 
        States institution of higher education (as defined in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) 
        in a field of science, technology, engineering, or mathematics 
        and with respect to whom the petitioning employer requires such 
        education as a condition for the employment; or
            ``(E) has earned a master's or higher degree (or its 
        equivalent) from an institution of higher education outside of 
        the United States in a field of science, technology, 
        engineering, or mathematics and with respect to whom the 
        petitioning employer requires such education as a condition for 
        the employment, until the number of aliens who are exempted 
        from such numerical limitations under this subparagraph during 
        a fiscal year exceeds 20,000.''.

SEC. 4. H-1B EMPLOYER REQUIREMENTS.

    Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)) is amended by inserting after subparagraph (G) the 
following:
            ``(H) The employer has not advertised the available jobs 
        specified in the application in an advertisement that states or 
        indicates that--
                    ``(i) the job or jobs are only available to persons 
                who are or who may become H-1B nonimmigrants; or
                    ``(ii) persons who are or who may become H-1B 
                nonimmigrants shall receive priority or a preference in 
                the hiring process.
            ``(I) If the employer employs not less than 50 employees in 
        the United States, not more than 50 percent of such employees 
        are H-1B nonimmigrants.''.

SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

    (a) Safeguards Against Fraud and Misrepresentation in Application 
Review Process.--Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following 
subparagraph (I) (as inserted by section 3 of this Act)--
            (1) by inserting ``and through the Department of Labor's 
        website, without charge.'' after ``D.C.'';
            (2) by inserting ``, clear indicators of fraud, 
        misrepresentation of material fact,'' after ``completeness'';
            (3) by striking or ``obviously inaccurate'' and inserting 
        ``presents clear indicators of fraud or misrepresentation of 
        material fact, or is obviously inaccurate'';
            (4) by striking ``within 7 days of'' and inserting ``not 
        later than 14 days after''; and
            (5) by adding at the end the following: ``If the 
        Secretary's review of an application identifies clear 
        indicators of fraud or misrepresentation of material fact, the 
        Secretary may conduct an investigation and hearing under 
        paragraph (2).''.
    (b) Investigations by Department of Labor.--Section 212(n)(2) of 
such Act is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``12 months'' and inserting ``24 
                months''; and
                    (B) by striking ``The Secretary shall conduct'' and 
                all that follows and inserting ``Upon the receipt of 
                such a complaint, the Secretary may initiate an 
                investigation to determine if such a failure or 
                misrepresentation has occurred.'';
            (2) in subparagraph (C)(i)--
                    (A) by striking ``a condition of paragraph (1)(B), 
                (1)(E), or (1)(F)'' and inserting ``a condition under 
                subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of 
                paragraph (1)''; and
                    (B) by striking ``(1)(C)'' and inserting 
                ``(1)(C)(ii)'';
            (3) in subparagraph (G)--
                    (A) in clause (i), by striking ``if the Secretary'' 
                and all that follows and inserting ``with regard to the 
                employer's compliance with the requirements of this 
                subsection.'';
                    (B) in clause (ii), by striking ``and whose 
                identity'' and all that follows through ``failure or 
                failures.'' and inserting ``the Secretary of Labor may 
                conduct an investigation into the employer's compliance 
                with the requirements of this subsection.'';
                    (C) in clause (iii), by striking the last sentence;
                    (D) by striking clauses (iv) and (v);
                    (E) by redesignating clauses (vi), (vii), and 
                (viii) as clauses (iv), (v), and (vi), respectively;
                    (F) in clause (iv), as redesignated, by striking 
                ``meet a condition described in clause (ii), unless the 
                Secretary of Labor receives the information not later 
                than 12 months'' and inserting ``comply with the 
                requirements under this subsection, unless the 
                Secretary of Labor receives the information not later 
                than 24 months'';
                    (G) by amending clause (v), as redesignated, to 
                read as follows:
                            ``(v) The Secretary of Labor shall provide 
                        notice to an employer of the intent to conduct 
                        an investigation. The notice shall be provided 
                        in such a manner, and shall contain sufficient 
                        detail, to permit the employer to respond to 
                        the allegations before an investigation is 
                        commenced. The Secretary is not required to 
                        comply with this clause if the Secretary 
                        determines that such compliance would interfere 
                        with an effort by the Secretary to investigate 
                        or secure compliance by the employer with the 
                        requirements of this subsection. A 
                        determination by the Secretary under this 
                        clause shall not be subject to judicial 
                        review.'';
                    (H) in clause (vi), as redesignated, by striking 
                ``An investigation'' and all that follows through ``the 
                determination.'' and inserting ``If the Secretary of 
                Labor, after an investigation under clause (i) or (ii), 
                determines that a reasonable basis exists to make a 
                finding that the employer has failed to comply with the 
                requirements under this subsection, the Secretary shall 
                provide interested parties with notice of such 
                determination and an opportunity for a hearing in 
                accordance with section 556 of title 5, United States 
                Code, not later than 120 days after the date of such 
                determination.''; and
                    (I) by adding at the end the following:
                            ``(vii) If the Secretary of Labor, after a 
                        hearing, finds a reasonable basis to believe 
                        that the employer has violated the requirements 
                        under this subsection, the Secretary may impose 
                        a penalty under subparagraph (C).''; and
            (4) by striking subparagraph (H).
    (c) Information Sharing Between Department of Labor and Department 
of Homeland Security.--Section 212(n)(2) of such Act, as amended by 
this section, is further amended by inserting after subparagraph (G) 
the following:
                    ``(H) The Director of United States Citizenship and 
                Immigration Services shall provide the Secretary of 
                Labor with any information contained in the materials 
                submitted by H-1B employers as part of the adjudication 
                process that indicates that the employer is not 
                complying with H-1B visa program requirements. The 
                Secretary may initiate and conduct an investigation and 
                hearing under this paragraph after receiving 
                information of noncompliance under this 
                subparagraph.''.
    (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this 
section, is further amended by adding at the end the following: ``The 
Secretary may conduct surveys of the degree to which employers comply 
with the requirements under this subsection and may conduct annual 
compliance audits of employers that employ H-1B nonimmigrants. The 
Secretary shall conduct annual compliance audits of not less than 1 
percent of the employers that employ H-1B nonimmigrants during the 
applicable calendar year.''
    (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by 
this section, is further amended--
            (1) in clause (i)(I), by striking ``$1,000'' and inserting 
        ``$2,000'';
            (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
        ``$10,000''; and
            (3) in clause (vi)(III), by striking ``$1,000'' and 
        inserting ``$2,000''.
    (f) Information Provided to H-1B Nonimmigrants Upon Visa 
Issuance.--Section 212(n) of such Act, as amended by this section, is 
further amended by inserting after paragraph (2) the following:
            ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
        the United States, the issuing office shall provide the 
        applicant with--
                    ``(i) a brochure outlining the employer's 
                obligations and the employee's rights under Federal 
                law, including labor and wage protections; and
                    ``(ii) the contact information for Federal agencies 
                that can offer more information or assistance in 
                clarifying employer obligations and workers' rights.
            ``(B) Upon the issuance of an H-1B visa to an alien inside 
        the United States, the officer of the Department of Homeland 
        Security shall provide the applicant with--
                    ``(i) a brochure outlining the employer's 
                obligations and the employee's rights under Federal 
                law, including labor and wage protections; and
                    ``(ii) the contact information for Federal agencies 
                that can offer more information or assistance in 
                clarifying employer's obligations and workers' 
                rights.''.

SEC. 6. WHISTLEBLOWER PROTECTIONS.

    Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(C)(iv)) is amended--
            (1) by inserting ``take, fail to take, or threaten to take 
        or fail to take, a personnel action, or'' before ``to 
        intimidate''; and
            (2) by adding at the end the following: ``An employer that 
        violates this clause shall be liable to the employees harmed by 
        such violation for lost compensation, including back pay.''.
Example Output:
Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap from 65,000 to 130,000 starting in FY2008.

Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20% percent.

Exempts from H-1B caps an alien who has earned a master's or higher degree from a U.S. institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.

Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.

Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement; (2) authorize the Secretary of Labor to initiate an H-1B employer investigation; (3) increase employer penalties; and (4) provide whistleblower protections.