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

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Marine Renewable Energy Promotion
Act of 2009''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Fund.--The term ''Fund'' means the Adaptive Management
and Environmental Fund established by section 3(c).
(2) Marine renewable energy.--The term ''marine renewable
energy'' means energy from--
(A) waves, tides, and currents in oceans,
estuaries, and tidal areas;
(B) free flowing water in rivers, lakes, man made
channels, and streams; and
(C) differentials in ocean temperature or ocean
thermal energy conversion.
(3) Secretary.--The term ''Secretary'' means the Secretary
of Energy.

SEC. 3. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

(a) Research and Development Program.--
(1) In general.--The Secretary shall establish a marine
renewable energy research and development program that is
focused on--
(A) developing new marine renewable energy
technologies;
(B) reducing the manufacturing and operation costs
of marine renewable energy technologies;
(C) increasing the reliability and survivability of
marine renewable energy facilities;
(D) integrating marine renewable energy into the
national electric grid;
(E) identifying opportunities for cross-pollination
and development of economies of scale between offshore
wind and marine renewable energy sources;
(F) identifying the environmental impacts of marine
renewable energy and ways to address any negative
impacts; and
(G)(i) applying advanced systems engineering and
system integration methods to identify critical
interfaces and develop open standards for marine
renewable energy;
(ii) transferring the resulting intellectual
property to industry stakeholders as public information
through published interface definitions, standards, and
demonstration projects; and
(iii) developing incentives for industry to comply
with the standards.
(2) Administration.--The program established under
paragraph (1) shall be separate from any wind and hydropower
program carried out by the Secretary.
(b) Marine-Based Energy Device Verification Program.--
(1) Establishment.--The Secretary shall establish a marine-
based energy device verification program to provide a bridge
from the wave, tidal, current, or thermal energy capture device
design and development efforts underway across the industry to
commercial deployment of marine renewable energy devices.
(2) Purposes.--The purposes of the program are to fund,
facilitate the development and installation of, and evaluate
marine renewable energy projects, in partnership with the
Electric Power Research Institute, the National Renewable
Energy Laboratory, the Pacific Northwest National Laboratory
Marine Sciences Laboratory, and the Sandia National
Laboratories, and in conjunction with universities and other
institutions of higher education, private business entities,
and other appropriate organizations, in order--
(A) to increase marine renewable energy experience;
and
(B) to build and operate enough candidate devices
to obtain statistically significant operating and
maintenance data.
(3) Objectives.--The objectives of the program include--
(A) verifying the performance, reliability,
maintainability, and cost of new marine renewable
energy device designs and system components in an
operating environment;
(B) providing States, regulators, utilities, and
other stakeholders with a valid opportunity to test and
evaluate marine renewable energy technology in new
areas;
(C) documenting and communicating the experience
from those projects for the benefit of utilities,
independent power producers, other nonutility
generators, device suppliers, and others in the marine
renewable energy development community; and
(D) resolving environmental issues through robust
characterization, reliable impact prediction, effective
monitoring, development and use of adaptive management,
and informing engineering design to improve
environmental performance.
(c) Adaptive Management and Environmental Fund.--
(1) Findings.--Congress finds that--
(A) the use of marine renewable energy technologies
can reduce contributions to global warming;
(B) marine renewable energy technologies can be
produced domestically;
(C) marine renewable energy is a nascent industry;
and
(D) the United States must work to promote new
renewable energy technologies that reduce contributions
to global warming gases and improve domestic energy
production.
(2) Fund.--
(A) Establishment.--There is established in the
Treasury of the United States a revolving fund, to be
known as the ''Adaptive Management and Environmental
Fund'', consisting of such amounts as are appropriated
to the Fund under subsection (d).
(B) Expenditures from fund.--
(i) In general.--Subject to clause (ii), on
request by the Secretary, the Secretary of the
Treasury shall transfer from the Fund to the
Secretary such amounts as the Secretary
determines are necessary to provide grants to
eligible entities to assist the entities in
complying with Federal, State, or local
regulatory permit requirements through
assessment and demonstration of the
environmental effects of marine renewable
energy projects (including environmental
studies, design, fabrication, deployment,
operating, monitoring, environmental
mitigation, and decommissioning costs).
(ii) Administrative expenses.--An amount
not exceeding 10 percent of the amounts in the
Fund shall be available for each fiscal year to
pay the administrative expenses necessary to
carry out this subsection.
(C) Transfers of amounts.--
(i) In general.--The amounts required to be
transferred to the Fund under this paragraph
shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the
basis of estimates made by the Secretary of the
Treasury.
(ii) Adjustments.--Proper adjustment shall
be made in amounts subsequently transferred to
the extent prior estimates were in excess of or
less than the amounts required to be
transferred.
(3) Eligibility.--
(A) In general.--To be eligible for a grant under
this subsection, an entity shall provide to the
Secretary a regulatory permit that includes conditions
for the removal of the marine renewable energy project
supported by the grant if the permitting authority
finds that the marine renewable energy project has an
unacceptable adverse impact on the environment.
(B) Administration.--A marine renewable energy
project shall not be required to be removed in the
absence of a finding by the permitting authority that
the project has an unacceptable adverse impact.
(4) Public availability.--The results of any assessment or
demonstration conducted under this subsection shall be made
available to the public, except to the extent that the
assessment or demonstration contains information that is
protected from disclosure under section 552(b) of title 5,
United States Code.
(5) Audit requirements.--
(A) In general.--Any entity that receives a grant
under this subsection shall--
(i) track the use of grant funds from the
Fund; and
(ii) certify annually to the Secretary that
the grant funds were used only for purposes
authorized under this subsection.
(B) Procedures.--The Secretary shall establish
procedures to ensure that the Secretary is able to
oversee and audit the use of funds by eligible
entities.
(C) Annual audits.--The Secretary shall conduct an
audit, at least annually, of the use of grant funds
received under this subsection by each eligible entity.
(D) Ineligibility.--The Secretary may declare an
entity ineligible for a grant under this subsection on
a finding of inappropriate use of funding.
(6) Sunset provision.--
(A) Report.--The Secretary shall submit a report to
the appropriate committees of Congress if the Secretary
determines that the technologies and activities
supported under this subsection have achieved a level
of maturity that is sufficient to enable the program
authorized under this subsection to cease.
(B) Termination.--The program authorized under this
subsection and the Fund shall cease to exist effective
on the date of submission of a report described in
subparagraph (A).
(7) Administration.--The Secretary may use amounts in the
Fund to provide assistance to State resource agencies that are
processing applications for permits required for marine
renewables projects that have received assistance from the Fund
to assist staff with understanding and evaluating applications
and participating in the applicable Federal Energy Regulatory
Commission or Minerals Management Service regulatory process.
(8) Environmental requirement.--Nothing in this section
eliminates or otherwise affects any requirement imposed under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2010 through 2021.

Output: Marine Renewable Energy Promotion Act of 2009 - Requires the Department of Energy (DOE) to establish a marine renewable energy research and development program, separate from any DOE wind and hydropower program, focused on: (1) developing new marine renewable energy technologies; (2) reducing the manufacturing and operation costs of such technologies; (3) increasing the reliability and survivability of marine renewable energy facilities; (4) integrating marine renewable energy into the national electric grid; (5) identifying opportunities for cross pollination and development of economies of scale between offshore wind and marine renewable energy sources; (6) identifying the environmental impacts of marine renewable energy and ways to address negative impacts; (7) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (8) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (9) developing incentives for industry to comply with such standards.

Requires DOE to establish a marine-based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. Sets forth as purpose of the Program to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories in order to: (1) increase marine renewable energy experience; and (2) build and operate enough candidate devices to obtain statistically significant operating and maintenance data.

Establishes an Adaptive Management and Environmental Fund to provide grants for complying with requirements through assessment and demonstration of the environmental effects of marine renewable energy projects.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Child Support Enforcement
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL
RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN
CHILD SUPPORT CASES.

(a) In General.--Notwithstanding any other provision of Federal or
State law, a depository institution shall not be liable under any
Federal or State law to any person for disclosing any financial record
of an individual to a State child support enforcement agency attempting
to establish, modify, or enforce a child support obligation of such
individual.
(b) Prohibition of Disclosure of Financial Record Obtained by State
Child Support Enforcement Agency.--A State child support enforcement
agency which obtains a financial record of an individual from a
financial institution pursuant to subsection (a) may disclose such
financial record only for the purpose of, and to the extent necessary
in, establishing, modifying, or enforcing a child support obligation of
such individual.
(c) Civil Damages for Unauthorized Disclosure.--
(1) Disclosure by state officer or employee.--If any
officer or employee of a State knowingly, or by reason of
negligence, discloses a financial record of an individual in
violation of subsection (b), such individual may bring a civil
action for damages against such State in a district court of
the United States.
(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this subsection
with respect to any disclosure which results from a good faith,
but erroneous, interpretation of subsection (b).
(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
(A) the greater of--
(i) $1,000 for each act of unauthorized
disclosure of a financial record with respect
to which such defendant is found liable; or
(ii) the sum of--
(I) the actual damages sustained by
the plaintiff as a result of such
unauthorized disclosure; plus
(II) in the case of a willful
disclosure or a disclosure which is the
result of gross negligence, punitive
damages; plus
(B) the costs of the action.
(d) Definitions.--For purposes of this section:
(1) The term ''depository institution'' means--
(A) a depository institution, as defined by section
3(c) of the Federal Deposit Insurance Act;
(B) an institution-affiliated party, as defined by
section 3(u) of such Act; and
(C) any Federal credit union or State credit union,
as defined by section 101 of the Federal Credit Union
Act, including an institution-affiliated party of such
a credit union, as defined by section 206(r) of such
Act.
(2) The term ''financial record'' has the meaning given
such term by section 1101 of the Right to Financial Privacy Act
of 1978.
(3) The term ''State child support enforcement agency''
means a State agency which administers a State program for
establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

(a) In General.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following:
''(4) To a State child support enforcement agency that is
seeking to establish, modify, or enforce a child support
obligation against the consumer, if--
''(A) the paternity of the consumer for the child
to which the obligation relates has been established or
acknowledged by the consumer in accordance with State
laws under which the obligation arises (if required by
those laws); and
''(B) the State child support enforcement agency--
''(i) before obtaining the consumer report,
provides written notice to the consumer that
the State agency intends to obtain a consumer
report on the consumer; and
''(ii) certifies to the consumer reporting
agency that--
''(I) the requirement in
subparagraph (A) has been fulfilled (if
applicable); and
''(II) the notice required by
clause (i) has been provided.''.
(b) State Child Support Enforcement Agency Defined.--Section 603 of
such Act (15 U.S.C. 1681a) is amended by adding at the end the
following new subsection:
''(j) The term 'State child support enforcement agency' means a
State agency which administers a State program for establishing and
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

(a) Inclusion in Child Support Orders.--
(1) In general.--Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)) is amended by inserting after paragraph (10)
the following:
''(11) Not later than the beginning of the 9th calendar
month that begins after the date the Secretary prescribes final
regulations as provided for in section 467(d)(2):
''(A) Procedures which require any child support
order, issued or modified by a court or administrative
agency of the State on or after the effective date of
guidelines established by the State under section
467(d), to provide for coverage of the health care
costs of the child in accordance with such guidelines.
''(B) Procedures which require the expedited
consideration and disposition of any allegation of
noncompliance with an obligation to cover the health
care costs of a child imposed under a child support
order issued or modified in the State.''.
(2) State guidelines.--Section 467 of such Act (42 U.S.C.
667) is amended by adding at the end the following:
''(d)(1) Not later than the beginning of the 9th calendar month
that begins after the date the Secretary prescribes final regulations
in accordance with paragraph (2), each State, as a condition for having
its State plan approved under this part, must establish guidelines for
the coverage of the health care costs of children pursuant to child
support orders issued or modified in the State, which guidelines shall
create a streamlined process that meets the minimum standards
established by the Secretary in such regulations.
''(2)(A) The Secretary shall promulgate regulations which set forth
minimum standards that any set of guidelines established pursuant to
paragraph (1) must meet in providing for the coverage of the health
care costs of children pursuant to child support orders issued or
modified in the State, including--
''(i) the contents of such an order with respect to the
coverage of such costs;
''(ii) the distribution of responsibility for such costs;
''(iii) to the extent that such costs are to be covered
through health insurance--
''(I) the provision of such insurance;
''(II) the payment of insurance claims; and
''(III) the rights of the noncustodial parent and
the custodial parent to insurance information;
''(iv) the circumstances under which a provider of health
insurance may or may not deny coverage to a child who is the
subject of such an order;
''(v) penalties to be imposed on providers of health
insurance who fail to comply with the guidelines; and
''(vi) how changes in the circumstances of the noncustodial
parent and the custodial parent are to be taken into account
with respect to the coverage of such costs.
''(B) In developing such standards, the Secretary shall ensure
that, in establishing guidelines pursuant to paragraph (1), the State
considers the following matters in the following order of importance:
''(i) The best interests of the child.
''(ii) The financial and other circumstances of the parents
of the child.
''(iii) Cost-effectiveness.
''(3) The preceding subsections of this section shall apply in like
manner to the guidelines established pursuant to this subsection.''.
(3) Regulations.--
(A) Proposed regulations.--Within 9 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue proposed
regulations to implement the amendments made by this
subsection.
(B) Final regulations.--Within 14 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall issue final regulations
to implement the amendments made by this subsection.
(b) Inclusion in Incentive Payments Program of Dependent Health
Insurance Provided Due to Successful Enforcement.--
(1) In general.--Section 458(b) of the Social Security Act
(42 U.S.C. 658(b)) is amended by adding at the end the
following:
''(5)(A) For purposes of this section, the successful enforcement
by the State of a provision of a support order requiring an absent
parent to obtain health insurance for 1 or more children shall be
considered the collection of support from the absent parent, without
regard to the means by which such support is provided.
''(B) The amount of support collected in any case in which the
State successfully enforces a provision of a support order requiring an
absent parent to obtain health insurance for 1 or more children shall
be the savings to the State from the provision of such health insurance
to such children, as determined in accordance with a health insurance
savings methodology adopted by the State in accordance with regulations
prescribed by the Secretary.''.
(2) Regulations.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prescribe such regulations as may be necessary
to implement the amendment made by paragraph (1).
(3) Study; report.--
(A) Study.--The Secretary of Health and Human
Services shall conduct a study to determine the
incentives that should be provided to encourage States
to enforce obligations of noncustodial parents to pay
(and obtain medical insurance coverage with respect to)
the reasonable and necessary health and dental expenses
of the children to whom the noncustodial parents owe
such obligations.
(B) Report.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate the results of
the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN
WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT
ASSISTANCE.

Section 452(a)(10) of the Social Security Act (42 U.S.C.
652(a)(10)) is amended--
(1) in subparagraph (H), by striking ''and'';
(2) in subparagraph (I), by striking the period and
inserting ''; and''; and
(3) by inserting after subparagraph (I) the following:
''(J) compliance, by State, with the standards
established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS
REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT
PENALTY IMPOSED ON EMPLOYERS.

(a) In General.--Section 466(b)(6)(A) of the Social Security Act
(42 U.S.C. 666(b)(6)(A)) is amended--
(1) in clause (i), by inserting ''within 10 days after the
payment of such wages'' before ''to the appropriate agency'';
and
(2) by adding at the end the following:
''(iii) The State must require any employer who fails to
make any payment required in accordance with clause (i) within
the 10-day period described therein to pay the State a $1,000
penalty. The State must expend all penalties collected in
accordance with this clause for the operation of the State plan
approved under section 454, not later than the end of the
calendar quarter following the calendar quarter in which
collected.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2) of
this subsection, the amendments made by subsection (a) of this
section shall take effect on the date of the enactment of this
Act and apply to wages paid on or after such date and payments
under part D of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under section 454 of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by
subsection (a) of this section, the State plan shall not be
regarded as failing to comply with the requirements of such
section 454 solely on the basis of the failure of the plan to
meet such additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the 1st regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

Section 453 of the Social Security Act (42 U.S.C. 653) is amended
by adding at the end the following:
''(g) The Secretary shall expand the Parent Locator Service to
establish a national network based on the comprehensive statewide child
support enforcement systems developed by the States, to--
''(1) allow each State to--
''(A) locate any absent parent who owes child
support, for whom a child support obligation is being
established, or for whom an order for visitation is
being enforced, by--
''(i) accessing the records of other State
agencies and sources of locate information
directly from one computer system to another;
and
''(ii) accessing Federal sources of locate
information in the same fashion;
''(B) access the files of other States to determine
whether there are other child support orders involving
the same absent parent, and obtain the details of any
such order;
''(C) provide for both on-line and batch processing
of locate requests, with on-line access restricted to
cases in which the information is needed immediately
(for such reasons as court appearances) and batch
processing used to 'troll' data bases to locate
individuals or update information periodically; and
''(D) direct locate requests to individual States
or Federal agencies, broadcast requests to selected
States, or broadcast cases to all States when there is
no indication of the source of needed information;
''(2) provide for a maximum of 48-hour turnaround time for
information to be broadcast and returned to a requesting State;
and
''(3) provide ready access to courts of the information on
the network by location of a computer terminal in each
court.''.

HR 2396 IH----2

Output: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual. Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures.
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer.
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities.
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.

Input: Consider 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.
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.