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SEC. _. GOVERNMENT CONTRACTS.

(a) GOVERNMENT CONTRACTS."Section 274A(h) ofthe Immigration and Nationality Act, as amended by sectionof this Act, is further amended by striking paragraphs

(1) and (2) and inserting the following:''(1) EMPLOYERS."''(A) IN GENERAL."If an employer whodoes not hold Federal contracts, grants, or cooperativeagreements is determined by the Secretaryof Homeland Security to be a repeat violatorof this section or is convicted of a crimeunder this section, the employer shall be subjectto debarment from the receipt of Federal contracts,grants, or cooperative agreements for aperiod of not less than 5 years in accordancewith the procedures and standards prescribedby the Federal Acquisition Regulations. TheSecretary or the Attorney General shall advisethe Administrator of General Services of anysuch debarment, and the Administrator of GeneralServices shall list the employer on the Listof Parties Excluded from Federal Procurementand Nonprocurement Programs for the periodof the debarment.''(B) WAIVER AUTHORITY."After considerationof the views of any agency or depart.ment that holds a contract, grant, or cooperativeagreement with an employer describedunder subparagraph (A), the Administrator ofGeneral Services, in consultation with the Secretaryand the Attorney General, may waive thedebarment or may limit the duration or scopeof the debarment under subparagraph (A) ifsuch waiver or limitation is necessary to the nationaldefense or in the interest of national security.''(C) NOTIFICATION TO CONGRESS."If theAdministrator of General Services grants awaiver or limitation described under subparagraph

(B), the Administrator shall submit noticeof such waiver or limitation to each memberof the Committee on the Judiciary of theSenate and of the Committee on the Judiciaryof the House of Representatives.''(2) CONTRACTORS AND RECIPIENTS."''(A) IN GENERAL."If an employer whoholds Federal contracts, grants, or cooperativeagreements is determined by the Secretary ofHomeland Security to be a repeat violator ofthis section or is convicted of a crime under thissection, the employer shall be subject to debar.ment from the receipt of Federal contracts,grants, or cooperative agreements for a periodof not less than 5 years in accordance with theprocedures and standards prescribed by theFederal Acquisition Regulations. Prior to debarringthe employer, the Secretary, in cooperationwith the Administrator of General Services,shall advise all agencies holding contracts,grants, or cooperative agreements with the employerof the proceedings to debar the employerfrom the receipt of new Federal contracts,grants, or cooperative agreements for a periodof not less than 5 years.''(B) WAIVER AUTHORITY."After considerationof the views of any agency or departmentthat holds a contract, grant, or cooperativeagreement with an employer describedunder subparagraph (A), the Administrator ofGeneral Services, in consultation with the Secretaryand the Attorney General, may waive thedebarment or may limit the duration or scopeof the debarment under subparagraph (A) ifsuch waiver or limitation is necessary to the nationaldefense or in the interest of national security..''(C) NOTIFICATION TO CONGRESS."If theAdministrator of General Services grants awaiver or limitation described under subparagraph

(B), the Administrator shall submit noticeof such waiver or limitation to each memberof the Committee on the Judiciary of theSenate and of the Committee on the Judiciaryof the House of Representatives.''.

(b) LIMIT ON PERCENTAGE OF H-1B AND L EMPLOYEES."Subparagraph (I) of section 212(n)(1) of theImmigration and Nationality Act (8 U.S.C. 1182(n)(1)),as added by section 420(d), is amended to read as follows:''(I) If the employer employs not less thanemployees in the United States, not morethan 50 percent of such employees are H-1Bnonimmigrants and nonimmigrants described insection 101(a)(15)(L).''.

(c) WAGE DETERMINATION FOR H-1B NONIMMIGRANTS."

(1) CHANGE IN MINIMUM WAGES."Section212(p)(3) of the Immigration and Nationality Act (8U.S.C. 1182(p)(3)) is amended by adding at the endthe following sentence: ''The wage rate requiredunder subsections (n)(1)(A)(i)(II) and

(t)(1)(A)(i)(II) shall be determined and issued by.the Secretary of Labor, pursuant to a request froman employer filing a labor condition application withthe Secretary for purposes of those subsections andas part of the adjudication of such application. TheSecretary shall respond to such a request within 14days.''.

(2) LABOR CONDITION APPLICATIONS."Section212(n)(1)(A) of the Immigration and NationalityAct (8 U.S.C. 1182(n)(1)(A)) is amended"

(A) in clause (i), by striking ''and'' at theend;

(B) by redesignating clause (ii) as clause

(iv); and

(C) by inserting after clause (i) the followingnew clauses:''(ii) has filed with the Secretary ofLabor, pursuant to section 212(p)(3), a requestfor the Secretary's determination ofthe appropriate wage rate;''(iii) in no instance will pay morethan 30 percent of the H-1B non-immigrants employed by the employerwages equivalent to the lowest wage levelunder section 212(p)(4); and''..

(3) NONIMMIGRANT PROFESSIONALS; LABORATTESTATIONS."Section 212 of the Immigrationand Nationality Act (8 U.S.C. 1182) is amended inparagraph (1)(A) of the first subsection (t) (asadded by section 402(b)(2) of Public Law 108-77Stat. 941))"

(A) in clause (i), by striking ''and'' at theend;

(B) by redesignating clause (ii) as clause

(iii); and

(C) inserting after clause (i) the followingnew clause:''(ii) has filed with the Secretary ofLabor, pursuant to section 212(p)(3), a requestfor the Secretary's determination ofthe appropriate wage rate; and''.

(4) EFFECTIVE DATE."The amendments madeby this subsection shall apply to applications filed onor after the date of the enactment of this Act.

(d) PROHIBITION ON OUTPLACEMENT OF H-1BNONIMMIGRANTS."

(1) IN GENERAL."Section 212(n) of such Act,as amended by this Act, is further amended".

(A) in paragraph (1), by amending subparagraph

(F), as amended by section 420, toread as follows:''(F) The employer shall not place,outsource, lease, or otherwise contract for theplacement of an H-1B nonimmigrant with anotheremployer where there are indicia of anemployment relationship between the nonimmigrantand such other employer unless theemployer of the alien has been granted a waiverunder paragraph (2)(E).''; and

(B) in paragraph (2), by amending subparagraph

(E), as amended by section 420, toread as follows:''(E) The Secretary of Labor shall promulgaterules, after notice and a period for comment,for an employer of an H-1B nonimmigrantto apply for a waiver of the prohibitionin paragraph (1)(F). The Secretary shallgrant or deny a waiver within 14 days after thewaiver application is filed. In order to receive awaiver under this subparagraph, the burdenshall be on the employer seeking the waiver toestablish that".''(i) the employer with whom the nonimmigrantwould be placed has not displacedand does not intend to displace aUnited States worker employed by the employerwithin the period beginning 180days before and ending 180 days after thedate of the placement of the nonimmigrantwith the employer;''(ii) the nonimmigrant will not becontrolled and supervised principally by theemployer with whom the nonimmigrantwould be placed; and''(iii) the placement of the nonimmigrantis not essentially an arrangementto provide labor for hire for the employerwith whom the nonimmigrant willbe placed.''.

(2) APPLICATION."The amendments made byparagraph (1) shall apply to an application filed onor after the date the rules required by section212(n)(2)(E) of such Act, as amended by paragraph

(1)(B) of this subsection, are issued.

(e) POSTING AVAILABLE POSITIONS."

(1) POSTING AVAILABLE POSITIONS."Section212(n)(1)(C) of such Act is amended".

(A) by redesignating clause (ii) as subclause

(II);

(B) by striking ''(i) has provided'' and insertingthe following:''(ii)(I) has provided''; and

(C) by inserting before clause (ii), as redesignatedby subparagraph (B), the following:''(i) has posted a detailed descriptionof each position for which a nonimmigrantis sought on the website described in paragraph

(6) of this subsection for at least 30calendar days, which description shall includethe wages and other terms and conditionsof employment, the minimum education,training, experience and other requirementsfor the position, and the processfor applying for the position; and''.

(2) DEPARTMENT OF LABOR WEBSITE."Section212(n) of such Act, as amended by this section,is further amended by adding at the end the following:''(6)(A) Not later than 90 days after the dateof the enactment of this paragraph, the Secretary ofLabor shall establish a searchable website for post.ing positions as required by paragraph (1)(C). Thiswebsite shall be publicly accessible without charge.''(B) The Secretary may work with private companiesand nonprofit organizations in the developmentand operation of the website established underthis paragraph.''(C) The Secretary may promulgate rules, afternotice and a period for comment, to carry out therequirements of this paragraph.''.

(3) APPLICATION."The amendments made byparagraph (1) shall apply to an application filed 30days or more after the date that the website requiredby section 212(n)(6) of such Act, as added byparagraph (2) of this subsection, is created.

(f) WAGE DETERMINATION FOR L NONIMMIGRANTS."

(1) CHANGE IN MINIMUM WAGES."Paragraph

(2) of section 214(c) of the Immigration and NationalityAct (8 U.S.C. 1184(c)) is amended by addingat the end the following:''(K)(i) An employer that employs a nonimmigrantdescribed in section 101(a)(15)(L) shall"''(I) offer such nonimmigrant, duringthe period of authorized employment,.wages, based on the best information availableat the time the application is filed,which are not less than the highest of"''(aa) the prevailing wage levelfor the occupational classification inthe area of employment; or''(bb) the actual wage level paidby the employer to all other individualswith similar experience and qualificationsfor the specific employmentin question; and''(II) provide working conditions forsuch nonimmigrant that will not adverselyaffect the working conditions of workerssimilarly employed.''(ii) If an employer, in such previous period specified by the Secretary of Homeland Security,employed 1 or more L-1 nonimmigrants,the employer shall provide to the Secretary ofHomeland Security the Internal Revenue ServiceForm W-2 Wage and Tax Statement filedby the employer with respect to such non-immigrants for such period.''(iii) It is a failure to meet a conditionunder this subparagraph for an employer, who.has filed a petition to import 1 or more aliensas nonimmigrants described in section101(a)(15)(L), to"''(I) require such a nonimmigrant topay a penalty for ceasing employment withthe employer before a date mutually agreedto by the nonimmigrant and the employer;or''(II) fail to offer to such a nonimmigrant,during the nonimmigrant's periodof authorized employment, on thesame basis, and in accordance with thesame criteria, as the employer offers toUnited States workers, benefits and eligibilityfor benefits, including"''(aa) the opportunity to participatein health, life, disability, andother insurance plans;''(bb) the opportunity to participatein retirement and savings plans;and''(cc) cash bonuses and noncashcompensation, such as stock options

(whether or not based on performance)..''(iv) The Secretary of Homeland Securityshall determine whether a required paymentunder clause (iii)(I) is a penalty (and not liquidateddamages) pursuant to relevant Statelaw.''.

(2) EFFECTIVE DATE."The amendment madeby this subsection shall apply to applications filed onor after the date of the enactment of this Act.

(g) PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS."

(1) IN GENERAL."Paragraph (2) of section214(c) of the Immigration and Nationality Act (8U.S.C. 1184(c)), as amended by this section, is furtheramended by adding at the end the following:''(M)(i) An employer who imports an alienas a nonimmigrant described in section101(a)(15)(L) shall not place, outsource, lease,or otherwise contract for the placement of thealien with another employer where there are indiciaof an employment relationship between thealien and such other employer unless the employerof the alien has been granted a waiverunder clause (ii).''(ii) The Secretary of Homeland Securityshall promulgate rules, after notice and a period.for comment, for an employer to apply for awaiver of the prohibition set out in clause (i).The Secretary shall grant or deny a waiverwithin 14 days after the waiver application isfiled. In order to receive such a waiver, the burdenshall be on the employer seeking the waiverto establish that"''(I) the employer with whom the nonimmigrantwould be placed has not displacedand does not intend to displace aUnited States worker employed by the employerwithin the period beginning 180days before and ending 180 days after thedate of the placement of the nonimmigrantwith the employer;''(II) the nonimmigrant will not becontrolled and supervised principally by theemployer with whom the nonimmigrantwould be placed; and''(III) the placement of the nonimmigrantis not essentially an arrangementto provide labor for hire for the employerwith whom the nonimmigrant willbe placed, rather than a placement in connectionwith the provision or a product or.service for which specialized knowledgespecific to the petitioning employer is nec3essary.''.

(2) APPLICATION."The amendment made byparagraph (1) shall apply to an application filed onor after the date the rules required by section212(c)(2)(M)(ii) of such Act, as added by paragraph

(1) of this subsection, are issued..