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 ``Retirement Security for Life Act of 
2004''.

SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAYMENTS.

    (a) Lifetime Annuity Payments Under Annuity Contracts.--Section 
72(b) of the Internal Revenue Code of 1986 (relating to exclusion 
ratio) is amended by adding at the end the following new paragraph:
            ``(5) Exclusion for lifetime annuity payments.--
                    ``(A) In general.--In the case of lifetime annuity 
                payments received under one or more annuity contracts 
                in any taxable year, gross income shall not include 50 
                percent of the portion of lifetime annuity payments 
                otherwise includible (without regard to this paragraph) 
                in gross income under this section. For purposes of the 
                preceding sentence, the amount excludible from gross 
                income in any taxable year shall not exceed $20,000.
                    ``(B) Cost-of-living adjustment.--In the case of 
                taxable years beginning after December 31, 2005, the 
                $20,000 amount in subparagraph (A) shall be increased 
                by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2004' 
                        for `calendar year 1992' in subparagraph (B) 
                        thereof.
                If any amount as increased under the preceding sentence 
                is not a multiple of $500, such amount shall be rounded 
                to the next lower multiple of $500.
                    ``(C) Application of paragraph.--Subparagraph (A) 
                shall not apply to--
                            ``(i) any amount received under an eligible 
                        deferred compensation plan (as defined in 
                        section 457(b)) or under a qualified retirement 
                        plan (as defined in section 4974(c)),
                            ``(ii) any amount paid under an annuity 
                        contract that is received by the beneficiary 
                        under the contract--
                                    ``(I) after the death of the 
                                annuitant in the case of payments 
                                described in subsection 
                                (c)(5)(A)(ii)(III), unless the 
                                beneficiary is the surviving spouse of 
                                the annuitant, or
                                    ``(II) after the death of the 
                                annuitant and joint annuitant in the 
                                case of payments described in 
                                subsection (c)(5)(A)(ii)(IV), unless 
                                the beneficiary is the surviving spouse 
                                of the last to die of the annuitant and 
                                the joint annuitant, or
                            ``(iii) any annuity contract that is a 
                        qualified funding asset (as defined in section 
                        130(d)), but without regard to whether there is 
                        a qualified assignment.
                    ``(D) Investment in the contract.--For purposes of 
                this section, the investment in the contract shall be 
                determined without regard to this paragraph.''.
    (b) Definitions.--Subsection (c) of section 72 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(5) Lifetime annuity payment.--
                    ``(A) In general.--For purposes of subsection 
                (b)(5), the term `lifetime annuity payment' means any 
                amount received as an annuity under any portion of an 
                annuity contract, but only if--
                            ``(i) the only person (or persons in the 
                        case of payments described in subclause (II) or 
                        (IV) of clause (ii)) legally entitled (by 
                        operation of the contract, a trust, or other 
                        legally enforceable means) to receive such 
                        amount during the life of the annuitant or 
                        joint annuitant is such annuitant or joint 
                        annuitant, and
                            ``(ii) such amount is part of a series of 
                        substantially equal periodic payments made not 
                        less frequently than annually over--
                                    ``(I) the life of the annuitant,
                                    ``(II) the lives of the annuitant 
                                and a joint annuitant, but only if the 
                                annuitant is the spouse of the joint 
                                annuitant as of the annuity starting 
                                date or the difference in age between 
                                the annuitant and joint annuitant is 15 
                                years or less,
                                    ``(III) the life of the annuitant 
                                with a minimum period of payments or 
                                with a minimum amount that must be paid 
                                in any event, or
                                    ``(IV) the lives of the annuitant 
                                and a joint annuitant with a minimum 
                                period of payments or with a minimum 
                                amount that must be paid in any event, 
                                but only if the annuitant is the spouse 
                                of the joint annuitant as of the 
                                annuity starting date or the difference 
                                in age between the annuitant and joint 
                                annuitant is 15 years or less.
                            ``(iii) Exceptions.--For purposes of clause 
                        (ii), annuity payments shall not fail to be 
                        treated as part of a series of substantially 
                        equal periodic payments--
                                    ``(I) because the amount of the 
                                periodic payments may vary in 
                                accordance with investment experience, 
                                reallocations among investment options, 
                                actuarial gains or losses, cost of 
                                living indices, a constant percentage 
                                applied not less frequently than 
                                annually, or similar fluctuating 
                                criteria,
                                    ``(II) due to the existence of, or 
                                modification of the duration of, a 
                                provision in the contract permitting a 
                                lump sum withdrawal after the annuity 
                                starting date, or
                                    ``(III) because the period between 
                                each such payment is lengthened or 
                                shortened, but only if at all times 
                                such period is no longer than one 
                                calendar year.
                    ``(B) Annuity contract.--For purposes of 
                subparagraph (A) and subsections (b)(5) and (w), the 
                term `annuity contract' means a commercial annuity (as 
                defined by section 3405(e)(6)), other than an endowment 
                or life insurance contract.
                    ``(C) Minimum period of payments.--For purposes of 
                subparagraph (A), the term `minimum period of payments' 
                means a guaranteed term of payments that does not 
                exceed the greater of 10 years or--
                            ``(i) the life expectancy of the annuitant 
                        as of the annuity starting date, in the case of 
                        lifetime annuity payments described in 
                        subparagraph (A)(ii)(III), or
                            ``(ii) the life expectancy of the annuitant 
                        and joint annuitant as of the annuity starting 
                        date, in the case of lifetime annuity payments 
                        described in subparagraph (A)(ii)(IV).
                For purposes of this subparagraph, life expectancy 
                shall be computed with reference to the tables 
                prescribed by the Secretary under paragraph (3). For 
                purposes of subsection (w)(1)(C)(ii), the permissible 
                minimum period of payments shall be determined as of 
                the annuity starting date and reduced by one for each 
                subsequent year.
                    ``(D) Minimum amount that must be paid in any 
                event.--For purposes of subparagraph (A), the term 
                `minimum amount that must be paid in any event' means 
                an amount payable to the designated beneficiary under 
                an annuity contract that is in the nature of a refund 
                and does not exceed the greater of the amount applied 
                to produce the lifetime annuity payments under the 
                contract or the amount, if any, available for 
                withdrawal under the contract on the date of death.''.
    (c) Recapture Tax for Lifetime Annuity Payments.--Section 72 of the 
Internal Revenue Code of 1986 is amended by redesignating subsection 
(w) as subsection (x) and by inserting after subsection (v) the 
following new subsection:
    ``(w) Recapture Tax for Modifications to or Reductions in Lifetime 
Annuity Payments.--
            ``(1) In general.--If any amount received under an annuity 
        contract is excluded from income by reason of subsection (b)(5) 
        (relating to lifetime annuity payments), and--
                    ``(A) the series of payments under such contract is 
                subsequently modified so any future payments are not 
                lifetime annuity payments,
                    ``(B) after the date of receipt of the first 
                lifetime annuity payment under the contract an 
                annuitant receives a lump sum and thereafter is to 
                receive annuity payments in a reduced amount under the 
                contract, or
                    ``(C) after the date of receipt of the first 
                lifetime annuity payment under the contract the dollar 
                amount of any subsequent annuity payment is reduced and 
                a lump sum is not paid in connection with the 
                reduction, unless such reduction is--
                            ``(i) due to an event described in 
                        subsection (c)(5)(A)(iii), or
                            ``(ii) due to the addition of, or increase 
                        in, a minimum period of payments within the 
                        meaning of subsection (c)(5)(C) or a minimum 
                        amount that must be paid in any event (within 
                        the meaning of subsection (c)(5)(D)),
        then gross income for the first taxable year in which such 
        modification or reduction occurs shall be increased by the 
        recapture amount.
            ``(2) Recapture amount.--
                    ``(A) In general.--For purposes of this subsection, 
                the recapture amount shall be the amount, determined 
                under rules prescribed by the Secretary, equal to the 
                amount that (but for subsection (b)(5)) would have been 
                includible in the taxpayer's gross income if the 
                modification or reduction described in paragraph (1) 
                had been in effect at all times, plus interest for the 
                deferral period at the underpayment rate established by 
                section 6621.
                    ``(B) Deferral period.--For purposes of this 
                subsection, the term `deferral period' means the period 
                beginning with the taxable year in which (without 
                regard to subsection (b)(5)) the payment would have 
                been includible in gross income and ending with the 
                taxable year in which the modification described in 
                paragraph (1) occurs.
            ``(3) Exceptions to recapture tax.--Paragraph (1) shall not 
        apply in the case of any modification or reduction that occurs 
        because an annuitant--
                    ``(A) dies or becomes disabled (within the meaning 
                of subsection (m)(7)),
                    ``(B) becomes a chronically ill individual within 
                the meaning of section 7702B(c)(2), or
                    ``(C) encounters hardship.''.
    (d) Lifetime Distributions of Life Insurance Death Benefits.--
            (1) In general.--Section 101(d) of the Internal Revenue 
        Code of 1986 (relating to payment of life insurance proceeds at 
        a date later than death) is amended by adding at the end the 
        following new paragraph:
            ``(4) Exclusion for lifetime annuity payments.--
                    ``(A) In general.--In the case of amounts to which 
                this subsection applies, gross income shall not include 
                the lesser of--
                            ``(i) 50 percent of the portion of lifetime 
                        annuity payments otherwise includible in gross 
                        income under this section (determined without 
                        regard to this paragraph), or
                            ``(ii) the amount in effect under section 
                        72(b)(5).
                    ``(B) Rules of section 72(b)(5) to apply.--For 
                purposes of this paragraph, rules similar to the rules 
                of section 72(b)(5) and section 72(w) shall apply, 
                substituting the term `beneficiary of the life 
                insurance contract' for the term `annuitant' wherever 
                it appears, and substituting the term `life insurance 
                contract' for the term `annuity contract' wherever it 
                appears.''.
            (2) Conforming amendment.--Section 101(d)(1) of such Code 
        is amended by inserting ``or paragraph (4)'' after ``to the 
        extent not excluded by the preceding sentence''.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to amounts received in calendar years beginning after the 
        date of the enactment of this Act.
            (2) Special rule for existing contracts.--In the case of a 
        contract in force on the date of the enactment of this Act that 
        does not satisfy the requirements of section 72(c)(5)(A) of the 
        Internal Revenue Code of 1986 (as added by this section), or 
        requirements similar to such section 72(c)(5)(A) in the case of 
        a life insurance contract), any modification to such contract 
        (including a change in ownership) or to the payments thereunder 
        that is made to satisfy the requirements of such section (or 
        similar requirements) shall not result in the recognition of 
        any gain or loss, any amount being included in gross income, or 
        any addition to tax that otherwise might result from such 
        modification, but only if the modification is completed prior 
        to the date that is 2 years after the date of the enactment of 
        this Act.
Example Output: Retirement Security for Life Act of 2004 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2006.

Example Input: SECTION 1. AMENDMENT OF VOTING ACCESSIBILITY FOR THE ELDERLY AND 
              HANDICAPPED ACT.

    (a) Purpose.--Section 2 of the Voting Accessibility for the Elderly 
and Handicapped Act (42 U.S.C. 1973ee) is amended by--
            (1) striking ``It'' and inserting ``(a) It''; and
            (2) adding at the end the following:
    ``(b) It is the intention of Congress in enacting this Act to 
ensure that--
            ``(1) no individual may be denied the right to vote in a 
        Federal election on the basis of being disabled; and
            ``(2) every voter has the right to vote independently in a 
        Federal election.''.
    (b) Accessibility of Polling Places.--Section 3 of the Voting 
Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1) 
is amended--
            (1) in subsection (a), by striking ``each political 
        subdivision'' and all that follows through ``conducting 
        elections'' and inserting ``the chief election officer of the 
        State'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Subsection (a) shall not apply to a polling place in the case 
of any unforeseeable natural disaster such as a fire, storm, 
earthquake, or flood.''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) The chief election officer of a State shall ensure that all 
polling methods selected and used for Federal elections are accessible 
to disabled and elderly voters, including--
            ``(1) the provision of ballots in a variety of accessible 
        media;
            ``(2) the provision of instructions that are printed in 
        large type, conspicuously displayed at each polling place;
            ``(3) the provision of printed information that is 
        generally available to other voters using a variety of 
        accessible media; and
            ``(4) ensuring that all polling methods used enable 
        disabled and elderly voters to cast votes at polling places 
        during times and under conditions of privacy available to other 
        voters.''.
    (c) Accessibility of Registration Facilities and Services.--Section 
5(a) of the Voting Accessibility for the Elderly and Handicapped Act 
(42 U.S.C. 1973ee-3(a)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) registration information by telecommunications 
        devices for the deaf and in a variety of accessible media; and
            ``(3) accessible registration procedures to allow each 
        eligible voter to register at the residence of the voter, by 
        mail, or by other means.''.
    (d) Enforcement.--Section 6 of the Voting Accessibility for the 
Elderly and Handicapped Act (42 U.S.C. 1973ee-4) is amended--
            (1) in subsection (b), by striking ``45'' and inserting 
        ``21''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) In an action brought under subsection (a), the State or 
political subdivision shall be fined an amount--
            ``(1) not to exceed $5,000 for the first violation of such 
        section; and
            ``(2) not to exceed $10,000 for each subsequent 
        violation.''.
    (e) Relationship With Other Laws.--Section 7 of the Voting 
Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-5) 
is amended--
            (1) in the heading, by striking ``voting rights act of 
        1965'' and inserting ``other laws;
            (2) by striking ``This'' and inserting ``(a) This''; and
            (3) by adding at the end the following:
    ``(b) Nothing in this Act shall be construed to invalidate or limit 
the laws of any State or political subdivision that provide greater or 
equal access to registration or polling for disabled and elderly 
voters.''.
    (f) Definitions.--Section 8 of the Voting Accessibility for the 
Elderly and Handicapped Act (42 U.S.C. 1973ee-6) is amended--
            (1) in paragraph (1), by striking ``chief election'' 
        through ``involved'' and inserting ``Access Board'';
            (2) in paragraph (4), by striking ``permanent physical 
        disability; and'' and inserting ``permanent disability;'';
            (3) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following:
            ``(6) `Access Board' means the Architectural and 
        Transportation Barriers Compliance Board established under 
        section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792);
            ``(7) `chief election officer' means the State officer or 
        entity, designated by State law or established by practice, 
        responsible for elections within the State;
            ``(8) `independently' means without the assistance of 
        another individual; and
            ``(9) `media' includes formats using large type, braille, 
        sound recording, or digital text.''.
    (g) References.--
            (1) In general.--The Voting Accessibility for the Elderly 
        and Handicapped Act (42 U.S.C. 1973ee et seq.) is amended by 
        striking ``handicapped'' each place it appears and inserting 
        ``disabled''.
            (2) References in other laws.--Except where inappropriate, 
        any reference to ``handicapped'' in relation to the Voting 
        Accessibility for the Elderly and Handicapped Act (42 U.S.C. 
        1973ee et seq.) in any law, Executive Order, rule, or other 
        document shall include a reference to ``disabled''.
    (h) Conforming Amendment.--Section 502(b)(3) of the Rehabilitation 
Act of 1973 (29 U.S.C. 792(b)(3)) is amended by inserting before the 
semicolon ``and section 3 of the Voting Accessibility for the Elderly 
and Handicapped Act (42 U.S.C. 1973ee-1)''.

SEC. 2. REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall promulgate regulations 
implementing this Act. Such regulations shall be consistent with the 
minimum guidelines established by the Access Board.
    (b) Access Board Guidelines.--Not later than 9 months after the 
date of enactment of this Act, the Access Board shall issue minimum 
guidelines relating to the requirements in the amendments made by 
section 1(b) of this Act.
    (c) Definition.--In this section, the term ``Access Board'' means 
the Architectural and Transportation Barriers Compliance Board.

SEC. 3. TRANSITION PLAN.

    (a) In General.--Not later than 3 months after the date on which 
regulations are promulgated under section 2(a), the chief election 
officer of each State shall develop a transition plan to ensure that 
polling places in the State are in compliance with the requirements of 
the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 
1973ee et seq.), as amended by this Act.
    (b) Coordination With Local Election Officials.--The plan under 
subsection (a) shall be developed in coordination with--
            (1) local election officials; and
            (2) individuals with disabilities or organizations 
        representing individuals with disabilities.
    (c) Contents and Availability of Plan.--The plan under subsection 
(a) shall--
            (1) include specific recommendations necessary to comply 
        with the requirements of the Voting Accessibility for the 
        Elderly and Handicapped Act; and
            (2) be available for public inspection in such manner as 
        the chief election officer determines appropriate.

SEC. 4. EFFECTIVE DATE.

    The amendments made by section 1 of this Act shall apply beginning 
on the earliest of--
            (1) the date that is 6 months after the date on which 
        regulations are promulgated under section 2(a); or
            (2) the date of the first Federal election taking place in 
        the State after December 31, 2000.
Example Output: Makes amendments to such Act regarding the accessibility of polling places and registration facilities and services, enforcement, and the relationship of such Act with other laws (providing that nothing in this Act shall be construed to invalidate or limit the laws of any State or political subdivision that provide greater or equal access to registration or polling for disabled and elderly voters). Includes among such amendments providing for ensuring that all polling methods selected and used for Federal elections are accessible to disabled and elderly voters and that accessible registration procedures allow eligible voters to register at home, by mail, or by other means are in place.
Revises definitions, including adding the term "Access Board," the Architectural and Transportation Barriers Compliance Board established under the Rehabilitation Act of 1973. Directs such Board to issue minimum guidelines relating to requirements pertaining to the accessibility of polling places.
Replaces all references in such Act to "handicapped" with "disabled" and with regard to such references in other laws, Executive Orders, or rules,  in relation to such Act except where inappropriate.

Example Input: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Defend the 
American Dream Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Wage determination.
Sec. 3. Good faith recruitment requirement.
Sec. 4. Notice requirement.
Sec. 5. Reduction of period of authorized admission as H-1B 
                            nonimmigrant.
Sec. 6. Removal of exemption from H-1B numerical limitation for certain 
                            aliens.
Sec. 7. Requirement of a degree from certain institutions for H-1B 
                            specialty occupation nonimmigrants.
Sec. 8. Tripling H-1B nonimmigrant petitioner fee.
Sec. 9. Labor enforcement.
Sec. 10. Private right of action.
Sec. 11. Application of nondisplacement requirement to all H-1B 
                            employers.

SEC. 2. WAGE DETERMINATION.

    (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to 
read as follows:
            ``(A) The employer--
                    ``(i) is offering and will offer during the period 
                of authorized employment to aliens admitted or provided 
                status as an H-1B nonimmigrant wages that are at 
                least--
                            ``(I) the locally determined prevailing 
                        wage level for the occupational classification 
                        in the area of employment;
                            ``(II) the median average wage for all 
                        workers in the occupational classification in 
                        the area of employment; or
                            ``(III) the median wage for skill level two 
                        in the occupational classification found in the 
                        most recent Occupational Employment Statistics 
                        survey;
                whichever is greatest, based on the best information 
                available as of the time of filing of the application; 
                and
                    ``(ii) will provide working conditions for such 
                nonimmigrant that will not adversely affect the working 
                conditions of workers similarly employed.
         The wage determination methodology used under clause (i) shall 
        be submitted with the application.''.
    (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 
U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the 
following new subparagraph:
            ``(H) If the employer employed, in such previous period as 
        the Secretary shall specify, one or more H-1B nonimmigrants, 
        the application shall be accompanied by the Internal Revenue 
        Service Form W-2 Wage and Tax Statement filed by the employer 
        with respect to such nonimmigrants for such period.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act.

SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT.

    (a) Extending Time Period for No Displacement.--Section 212(n) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
            (1) in paragraph (1)(E)(i), by striking ``90 days'' and 
        inserting ``180 days'' each place it appears; and
            (2) in paragraph (2)(C)(iii), in the matter before 
        subclause (I), by striking ``90 days'' and inserting ``180 
        days'' each place it appears.
    (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of 
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting 
``actively'' before ``recruit''.
    (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 
U.S.C. 1182(n)) is amended--
            (1) by amending subparagraph (F) of paragraph (1) to read 
        as follows:
            ``(F) The employer shall not place, out-source, lease, or 
        otherwise contract for the placement of an alien admitted or 
        provided status as an H-1B nonimmigrant with another employer, 
        regardless of whether or not such other employer is an H-1B-
        dependent employer.''; and
            (2) by striking subparagraph (E) of paragraph (2).
    (d) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall not 
apply to displacements for periods occurring more than 90 days before 
such date.

SEC. 4. NOTICE REQUIREMENT.

    (a) In General.--Section 212(n) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)) is further amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting ``and the employer certifies that the prior 
        notice requirement of paragraph (6) has been met with respect 
        to the application''; and
            (2) by adding at the end the following new paragraph:
    ``(6) For purposes of paragraph (1), the prior notice requirement 
of this paragraph, with respect to an application of an employer, is 
that employer has made copies of the application (or, a summary of 
essential information derived from such application, including the 
number of H-1B nonimmigrants being sought, their occupational 
classifications, the wages offered, the period of intended employment, 
the locations at which they will be employed, and a statement that a 
copy of the application is available for public inspection in 
conspicuous locations at the employer's principal place of business and 
at worksites where H-1B nonimmigrants will be employed) accessible for 
examination by affected United States and foreign workers at least 30 
days in advance of the filing of the application with the Secretary of 
Labor through--
            ``(A) posting of such application (or summary) in 
        conspicuous locations at worksites where H-1B nonimmigrants 
        will be employed;
            ``(B) electronic notification to employees in the 
        occupational classifications for which H-1B nnimmigrants are 
        being sought; and
            ``(C) provision of a copy of the application to each H-1B 
        nonimmigrant on whose behalf the application is being filed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications filed more than 30 days after the date of the 
enactment of this Act.

SEC. 5. REDUCTION OF PERIOD OF AUTHORIZED ADMISSION AS H-1B 
              NONIMMIGRANT.

    (a) In General.--Section 214(g)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(4)) is amended by striking ``6 
years'' and inserting ``3 years''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the period of authorized admission of an alien as 
an H-1B nonimmigrant under section 101(a)(15)(H)(i)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) that 
begins on or after the date of the enactment of this Act.

SEC. 6. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN 
              ALIENS.

    (a) In General.--Section 214(g)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
            (1) in subparagraph (A), by adding ``or'' after the 
        semicolon;
            (2) in subparagraph (B), by striking ``; or'' and inserting 
        a period; and
            (3) by striking subparagraph (C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to the issuance of a visa (or other provision of status) under 
section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first 
fiscal year beginning after the date of the enactment of this Act.

SEC. 7. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B 
              SPECIALTY OCCUPATION NONIMMIGRANTS.

    (a) In General.--Section 214(i)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(i)(2)) is amended--
            (1) in subparagraph (A), by adding ``or'' at the end;
            (2) in subparagraph (B), by inserting ``, from a bona fide 
        educational institution in the United States or from an 
        educational institution that is at least equivalent to such an 
        institution in the United States,'' after ``paragraph (1)(B)'';
            (3) in subparagraph (B), by striking ``, or'' and inserting 
        a period; and
            (4) by striking subparagraph (C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications filed on or after the date of the enactment of 
this Act.

SEC. 8. TRIPLING H-1B NONIMMIGRANT PETITIONER FEE.

    (a) In General.--Section 214(c)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking 
``$1,500'' and inserting ``$4,500''.
    (b) Technical Amendment.--Section 214(c)(9)(A) of such Act (8 
U.S.C. 1184(c)(9)(A)) is amended, in the matter preceding clause (i), 
by striking ``before''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed on or after the date of the enactment of this 
Act.

SEC. 9. LABOR ENFORCEMENT.

    (a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(J) The Secretary shall be responsible under this paragraph for 
investigations of wage complaints, as well as investigations of 
allegations of fraud in the filing of applications under this 
subsection.''.
    (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 
1182(n)(2)(A)) is amended by adding at the end the following: ``In 
addition, the Secretary may conduct surveys of the level of compliance 
by employers with the provisions and requirements of this subsection 
and may conduct annual compliance audits in the case of employers that 
employ H-1B nonimmigrants. In the case of an employer that employs H-1B 
nonimmigrants that represent 15 percent or more of the total number of 
individuals employed by the employer, the Secretary shall conduct 
annual compliance audits of such employer.''.

SEC. 10. PRIVATE RIGHT OF ACTION.

    (a) In General.--Section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)), as amended by section 8(a), is 
further amended by adding at the end the following new subparagraph:
    ``(K) In addition to any other remedies available under this 
paragraph, a person who is harmed by a violation by an employer of a 
requirement of this subsection may bring a civil action against the 
employer in any court of competent jurisdiction for damages or other 
appropriate relief.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to violations occurring on or after the date of the enactment of 
this Act.

SEC. 11. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B 
              EMPLOYERS.

    (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking 
``an H-1B dependent employer (as defined in paragraph (3))'' and 
inserting ``an employer that employs H-1B non-immigrants''.
    (b) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act.
Example Output:
Defend the American Dream Act of 2005 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.

Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer.

Sets forth prior notice requirements.

Reduces the period of H-1B authorized admission to three years.

Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a U.S. master's or higher degree.

Revises the H-1B definition of "specialty occupation."

Triples the H-1B petitioner fee.

Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.

 Creates a private right of action for persons harmed by an employer's violation of labor condition requirements.

Applies the nondisplacement requirement to all H-1B employers.