Definition: 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: 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.